    [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

                             JOINT COMMITTEE PRINT

                                   APRIL 2006

                                   VOLUME I-B

                             OF VOLUMES I-A AND I-B

                            CURRENT LEGISLATION AND

                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate
    Legislation on Foreign Relations Through 2005--Volume I-B of Vols. I-A
                                     & I-B
    ?

                      COMMITTEE ON INTERNATIONAL RELATIONS

                         COMMITTEE ON FOREIGN RELATIONS

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

            Legislation on
            Foreign Relations
            Through 2005

    [GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                   APRIL 2006

                                   VOLUME I-B

                             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
    25-514 PS

    _______________________________________________________________________

     For sale by the Superintendent of Documents, U.S. Government Printing
                                     Office
     Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; DC area
                                 (202) 512-1800
        Fax: (202) 512-2250  Mail: Stop SSOP, Washington, DC 20402-0001
    ?

                      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                 RUSS CARNAHAN, Missouri
    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-B of this year's compilation.
                                               Henry J. Hyde,
                        Chairman, Committee on International Relations.
                                               Richard G. Lugar,
                              Chairman, Committee on Foreign Relations.

                                                        April 27, 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 January 11, 2006.
        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 drennack@crs.loc.gov.

                                      (v)
    ?

                                 ABBREVIATIONS

                                  ----------

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

                                      (vi)
    ?

                                C O N T E N T S

                                   __________
                                                                       Page

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

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

    ABBREVIATIONS....................................................    vi

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

     1. Other Foreign Assistance Related Legislation and Materials...     6
     2. Executive Orders, Delegations of Authority, and
        Reorganization Plans Relating to Foreign Assistance and Arms
        Exports......................................................   554
     3. Armed Forces Legislation.....................................   596
     4. 10 U.S.C. 7307--Disposals to Foreign Nations of Naval Vessels  1345

    B. AGRICULTURAL COMMODITIES......................................  1348

     1. Agricultural Trade Development and Assistance................  1349
     2. Agricultural Trade...........................................  1486
     3. Agricultural Act of 1980 and Related Material................  1531
     4. National Agricultural Research, Extension, and Teaching
        Policy Act of 1977 (Public Law 95-113) (partial text)........  1545
     5. Agriculture and Food Act of 1981 (Public Law 97-98) (partial
        text)........................................................  1551
     6. International Carriage of Perishable Foodstuffs Act (Public
        Law 97-325)..................................................  1557
     7. Pesticide Monitoring Improvements (Public Law 100-418)
        (partial text)...............................................  1561

    C. THE PEACE CORPS...............................................  1563

     1. The Peace Corps Act, as amended (Public Law 87-293)..........  1565
     2. Establishment of the Peace Corps as an Independent Agency
        (Public Law 97-113) (partial text)...........................  1595
     3. Paul D. Coverdell Programs...................................  1598
     4. Peace Corps Reauthorization..................................  1602
     5. Independent Implementing Provisions of Public Law 89-134.....  1608
     6. Higher Education Act Amendments--Provisions Relating to the
        Peace Corps (Public Law 99-498) (partial text)...............  1610
     7. National and Community Service Act of 1990 (Public Law 101-
        610) (partial text)..........................................  1611
     8. The Peace Corps--Establishment as Agency Within ACTION
        (Executive Order 12137)......................................  1619
     9. Providing for the Appointment of Former Peace Corps
        Volunteers to the Civilian Civil Service (Executive Order
        11103).......................................................  1624

    APPENDICES.......................................................  1625

    INDEX............................................................  1669

                                     (vii)

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

                             A. FOREIGN ASSISTANCE

                                    CONTENTS

                                                                       Page

    1. Other Foreign Assistance Related Legislation and Materials....
        a. Policy Toward Iraq........................................     6
            (1) Iraq Freedom Fund/Iraqi Relief and Reconstruction
              Fund (Public Law 108-11) (partial text)................     6
            (2) Iraq Liberation Act of 1998 (Public Law 105-338).....    21
            (3) Iran-Iraq Arms Non-Proliferation Act of 1992 (Public
              Law 102-484) (partial text)............................    26
            (4) Persian Gulf Conflict Supplemental Authorization and
              Personnel Benefits Act of 1991 (Public Law 102-25)
              (partial text).........................................    32
            (5) Iraq Sanctions Act of 1990 (Public Law 101-513)
              (partial text).........................................    46
        b. Assistance to Eastern Europe and the Former Soviet Union..    57
            (1) Belarus Democracy Act of 2004 (Public Law 108-347)...    57
            (2) Russian Democracy Act of 2002 (Public Law 107-246)...    62
            (3) Act For Reform In Emerging New Democracies and
              Support and Help for Improved Partnership With Russia,
              Ukraine, and Other New Independent States (FRIENDSHIP
              Act) (Public Law 103-199) (partial text)...............    67
            (4) Freedom for Russia and Emerging Eurasian Democracies
              and Open Markets Support Act of 1992 (FREEDOM Support
              Act) (Public Law 102-511) (partial text)...............    73
            (5) Emergency Airlift to the Soviet Union (Public Law
              102-228) (partial text)................................   106
            (6) Soviet-Eastern Europe Educational Exchange Programs
              in the Foreign Relations Authorization Act, Fiscal
              Years 1992 and 1993 (Public Law 102-138) (partial text)   109
            (7) Eisenhower Exchange Fellowship Act of 1990 (Public
              Law 101-454)...........................................   115
            (8) Assistance to Eastern Europe and Yugoslavia (Public
              Law 101-243) (partial text)............................   119
            (9) Support for East European Democracy (SEED) Act of
              1989 (Public Law 101-179)..............................   120
            (10) American Aid to Poland Act of 1988 (Public Law 100-
              418) (partial text)....................................   150
            (11) Clement J. Zablocki Memorial Outpatient Facility,
              American Children's Hospital, Krakow, Poland (Public
              Law 98-266)............................................   153
            (12) Research and Training for Eastern Europe and the
              Independent States of the Former Soviet Union Act of
              1983 (Public Law 98-164) (partial text)................   154
            (13) Central European Enterprise Development (Act of July
              30, 1953) (partial text)...............................   160
            (14) Support for East European Democracy (SEED) Program
              (Executive Order 12703)................................   162
            (15) Delegation of Authorities Under the FREEDOM Support
              Act (Executive Order 12884)............................   163
        c. Assistance to Africa......................................   165
            (1) Zimbabwe Democracy and Economic Recovery Act of 2001
              (Public Law 107-99)....................................   165
            (2) African Growth and Opportunity Act (Public Law 106-
              200) (partial text)....................................   169
            (3) Africa: Seeds of Hope Act (Public Law 105-385)
              (partial text).........................................   183
            (4) Prohibition on Assistance to Mauritania (Public Law
              104-319) (partial text)................................   189
            (5) African Conflict Resolution Act (Public Law 103-381).   191
            (6) South African Democratic Transition Support Act of
              1993 (Public Law 103-149) (partial text)...............   196
            (7) Horn of Africa Recovery and Food Security Act (Public
              Law 102-274)...........................................   202
            (8) Peace Process Support in Liberia (Public Law 102-270)   211
            (9) African Famine Relief and Recovery Act of 1985
              (Public Law 99-8) (partial text).......................   213
        d. Assistance to Latin America...............................   216
            (1) Emergency Supplemental Act, 2000--Plan Colombia
              (Public Law 106-246) (partial text)....................   216
            (2) Cuban Liberty and Democratic Solidarity (LIBERTAD)
              Act of 1996 (Public Law 104-114).......................   227
            (3) Enterprise for the Americas Initiative Act of 1992
              (Public Law 102-532) (partial text)....................   267
            (4) Enterprise for the Americas Facility as Established
              in P.L. 480 (Public Law 83-480) (partial text).........   270
            (5) Urgent Assistance for Democracy in Panama Act of 1990
              (Public Law 101-243) (partial text)....................   280
            (6) Survival Assistance to Victims of Civil Strife in
              Central America (Public Law 101-215)...................   284
            (7) Central America Peace Assistance (Public Law 100-276)   285
            (8) Latin American Development Act, as amended (Public
              Law 86-735)............................................   290
        e. Assistance to the Middle East.............................   293
            (1) Middle East Peace Commitments Act of 2002 (Public Law
              107-228) (partial text)................................   293
            (2) Middle East Peace Facilitation Act of 1995 (Public
              Law 104-107) (partial text)............................   296
            (3) Middle East Peace Facilitation Act of 1994 (Public
              Law 103-236) (partial text)............................   304
            (4) Middle East Peace Facilitation Act of 1993 (Public
              Law 103-125)...........................................   308
            (5) Emergency Supplemental Persian Gulf Refugee
              Assistance Act of 1991 (Public Law 102-45).............   311
            (6) Emergency Supplemental Assistance for Israel Act of
              1991 (Public Law 102-21)...............................   313
            (7) Jordan Supplemental Economic Assistance Authorization
              Act of 1985 (Public Law 99-88) (partial text)..........   314
            (8) Lebanon Emergency Assistance Act of 1983 (Public Law
              98-43) (partial text)..................................   316
            (9) Special International Security Assistance Act of 1979
              (Public Law 96-35) (partial text)......................   318
        f. Asia......................................................   322
            (1) Afghan Women and Children Relief Act of 2001 (Public
              Law 107-81)............................................   322
            (2) United States-China Economic and Security Review
              Commission (Public Law 108-7) (partial text)...........   324
            (3) U.S.-China Relations Act of 2000 (Public Law 106-286)
              (partial text).........................................   327
            (4) Pakistan--Exemption of Foreign Assistance
              Prohibitions (Public Law 107-57).......................   345
            (5) Waiver of Certain Sanctions Against India and
              Pakistan (Public Law 106-79) (partial text)............   348
            (6) India-Pakistan Act of 1998 (Public Law 105-277)
              (partial text).........................................   350
            (7) Agriculture Export Relief Act of 1998 (Public Law
              105-194) (partial text)................................   351
            (8) Bangladesh Disaster Assistance Act of 1988 (Public
              Law 100-576)...........................................   352
        g. Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
          415) (partial text)........................................   355
        h. International Narcotics Control...........................   360
            (1) Western Hemisphere Drug Elimination Act (Public Law
              105-277) (partial text)................................   360
            (2) International Narcotics Control Corrections Act of
              1994 (Public Law 103-447) (partial text)...............   376
            (3) International Narcotics Control Act of 1990 (Public
              Law 101-623) (partial text)............................   378
            (4) Licit Opium Imports (title XXVI of Public Law 101-
              647)...................................................   387
            (5) International Narcotics Control Act of 1989 (Public
              Law 101-231) (partial text)............................   389
            (6) International Narcotics Control Act of 1988 (title IV
              of Public Law 100-690) (partial text)..................   399
            (7) International Narcotics Control Act of 1986 (title II
              of Public Law 99-570) (partial text)...................   402
            (8) Export-Import Bank Act of 1945--Provisions Governing
              Foreign Assistance Act Funds in Counter-Narcotics
              (Public Law 79-173) (partial text).....................   404
            (9) National Drug Control Program (Executive Order 12880)   406
            (10) President's Drug Policy Council (Executive Order
              12992).................................................   408
        i. Security Assistance and Arms Sales Legislation............   410
            (1) Security Assistance Act of 2002 (Public Law 107-228)
              (partial text).........................................   410
            (2) Gerald B.H. Solomon Freedom Consolidation Act of 2002
              (Public Law 107-187)...................................   442
            (3) Security Assistance Act of 2000 (Public Law 106-280).   446
            (4) Security Assistance Act of 1999 (Public Law 106-113)
              (partial text).........................................   463
            (5) Defense Offsets Disclosure Act of 1999 (Public Law
              106-113) (partial text)................................   467
            (6) International Arms Sales Code of Conduct Act of 1999
              (Public Law 106-113) (partial text)....................   473
            (7) Proposed Arms Sales to Jordan (Public Law 99-162)....   476
            (8) Conditions on Arms Sales to Turkey (Public Law 94-
              104) (partial text)....................................   477
            (9) Emergency Security Assistance Act of 1973 (Public Law
              93-199)................................................   479
            (10) Mutual Security Act of 1959, as amended (Public Law
              86-108) (partial text).................................   481
            (11) Mutual Security Act of 1954, as amended (Public Law
              83-665) (retained provisions)..........................   482
                Sec. 408--North Atlantic Treaty Organization.........   482
                Sec. 417--Irish Counterpart..........................   483
                Sec. 502--Use of Foreign Currency....................   483
                Sec. 514--International Educational Exchange
                  Activities.........................................   485
                Sec. 523--Coordination With Foreign Policy...........   486
                Sec. 536--Joint Commission on Rural Reconstruction in
                  China..............................................   486
            (12) Notice to Congress of Certain Transfers of Defense
              Articles and Defense Services (Public Law 80-253)
              (partial text).........................................   487
        j. Development Assistance Legislation........................   489
            (1) Assistance for International Malaria Control Act
              (Public Law 106-570) (partial text)....................   489
            (2) Microenterprise for Self-Reliance and International
              Anti-Corruption Act of 2000 (Public Law 106-309).......   494
            (3) Global AIDS and Tuberculosis Relief Act of 2000
              (Public Law 106-264)...................................   507
            (4) Access to AIDS/HIV Pharmceuticals and Medical
              Technologies (Executive Order 13155)...................   519
            (5) International Debt Relief (Public Law 106-113)
              (partial text).........................................   522
            (6) Torture Victims Relief...............................   527
                (A) Torture Victims Relief Act of 1998 (Public Law
                  105-320) (partial text)............................   527
                (B) Torture Victims Relief Reauthorization Act of
                  2005 (Public Law 109-165) (partial text)...........   531
                (C) Torture Victims Relief Reauthorization Act of
                  2003 (Public Law 108-179) (partial text)...........   532
                (D) Torture Victims Relief Reauthorization Act of
                  1999 (Public Law 106-87) (partial text)............   533
            (7) Miscellaneous Authorization--Fiscal Years 1996 and
              1997 (Public Law 104-164)..............................   535
            (8) International Cooperation to Protect Biological
              Diversity (Public Law 100-530).........................   538
            (9) Control of Swine Influenza (Public Law 94-302)
              (partial text).........................................   539
        k. Use of Foreign Currencies.................................   540
            (1) 31 U.S.C. 1306. Use of Foreign Credits...............   540
            (2) General Government Matters Appropriation Act, 1962
              (Public Law 87-125) (partial text).....................   541
            (3) Use of Reserved Coins and Currencies of Foreign
              Countries (31 U.S.C. 5303).............................   542
        l. Merchant Marine Act of 1936, as amended (partial text)....   543
    2. Executive Orders, Delegations of Authority, and Reorganization
      Plans Relating to Foreign Assistance and Arms Exports..........   554
        a. Administration of Foreign Assistance and Related Functions
          (Executive Order 12163)....................................   554
        b. State Department Delegation of Authority No. 145..........   564
        c. International Development Cooperation Agency Delegation of
          Authority No. 1............................................   576
        d. Administration of Arms Export Controls (Executive Order
          11958).....................................................   578
        e. Overseas Private Investment Corporation (Executive Order
          11579).....................................................   582
        f. Performance of Functions Authorized by the Foreign
          Assistance Act of 1961, as amended (Executive Order 11223).   584
        g. Foreign Disaster Assistance (Executive Order 12966).......   587
        h. Global Disaster Information Network (Executive Order
          13151).....................................................   588
        i. Assigning Foreign Affairs Functions and Implementing the
          Enterprise for the Americas Initiative and the Tropical
          Forest Conservation Act (Executive Order 13345)............   591
        j. Delegation of Certain Waiver, Determination,
          Certification, Recommendation, and Reporting Functions
          (Executive Order 13346)....................................   594
    3. Armed Forces Legislation......................................   596
        a. Title 10, United States Code..............................   596
        b. National Defense Authorization Act for Fiscal Year 2006
          (Public Law 109-163) (partial text)........................   691
        c. Department of Defense Appropriations Act, 2006 (Public Law
          109-148) (partial text)....................................   726
        d. Emergency Supplemental Appropriations Act for Defense, the
          Global War on Terror, and Tsunami Relief, 2005 (Public Law
          109-13) (partial text).....................................   738
        e. Ronald W. Reagan National Defense Authorization Act for
          Fiscal Year 2005 (Public Law 108-375) (partial text).......   746
        f. Department of Defense Appropriations Act, 2005 (Public Law
          108-287) (partial text)....................................   781
        g. National Defense Authorization Act for Fiscal Year 2004
          (Public Law 108-136) (partial text)........................   784
        h. Bob Stump National Defense Authorization Act for Fiscal
          Year 2003 (Public Law 107-314) (partial text)..............   807
        i. Department of Defense Appropriations Act, 2003 (Public Law
          107-248) (partial text)....................................   845
        j. National Defense Authorization Act for Fiscal Year 2002
          (Public Law 107-107) (partial text)........................   847
        k. Floyd D. Spence National Defense Authorization Act for
          Fiscal Year 2001 (Public Law 106-398) (partial text).......   855
        l. National Defense Authorization Act for Fiscal Year 2000
          (Public Law 106-65) (partial text).........................   881
        m. Strom Thurmond National Defense Authorization Act for
          Fiscal Year 1999 (Public Law 105-261) (partial text).......   918
        n. National Defense Authorization Act for Fiscal Year 1998
          (Public Law 105-85) (partial text).........................   949
        o. National Defense Authorization Act for Fiscal Year 1997
          (Public Law 104-201) (partial text)........................   986
        p. National Defense Authorization Act for Fiscal Year 1996
          (Public Law 104-106) (partial text)........................  1006
        q. National Defense Authorization Act for Fiscal Year 1995
          (Public Law 103-337) (partial text)........................  1023
        r. National Defense Authorization Act for Fiscal Year 1994
          (Public Law 103-160) (partial text)........................  1051
        s. Department of Defense Appropriations Act, 1994 (Public Law
          103-139) (partial text)....................................  1080
        t. National Defense Authorization Act for Fiscal Year 1993
          (Public Law 102-484) (partial text)........................  1082
        u. Department of Defense Appropriations Act, 1993 (Public Law
          102-396) (partial text)....................................  1132
        v. National Defense Authorization Act for Fiscal Years 1992
          and 1993 (Public Law 102-190) (partial text)...............  1133
        w. National Defense Authorization Act for Fiscal Year 1991
          (Public Law 101-510) (partial text)........................  1160
        x. National Defense Authorization Act for Fiscal Years 1990
          and 1991 (Public Law 101-189) (partial text)...............  1195
        y. Department of Defense Appropriations Act, 1991 (Public Law
          101-511) (partial text)....................................  1222
        z. National Defense Authorization Act, Fiscal Year 1989
          (Public Law 100-456) (partial text)........................  1228
        aa. Department of Defense Appropriations Act, 1989 (Public
          Law 100-463) (partial text)................................  1246
        bb. National Defense Authorization Act for Fiscal Years 1988
          and 1989 (Public Law 100-180) (partial text)...............  1250
        cc. Department of Defense Authorization Act, 1987 (Public Law
          99-661) (partial text).....................................  1275
        dd. Department of Defense Authorization Act, 1986 (Public Law
          99-145) (partial text).....................................  1286
        ee. Department of Defense Authorization Act, 1985 (Public Law
          98-525) (partial text).....................................  1306
        ff. Department of Defense Authorization Act, 1984 (Public Law
          98-94) (partial text)......................................  1325
        gg. Department of Defense Authorization Act, 1983 (Public Law
          97-252) (partial text).....................................  1334
        hh. Department of Defense Appropriation Authorization Act,
          1979 (Public Law 95-485) (partial text)....................  1337
        ii. Department of Defense Appropriation Authorization Act,
          1975 (Public Law 93-365) (partial text)....................  1338
        jj. Armed Forces Appropriation Authorization, 1971 (Public
          Law 91-441) (partial text).................................  1341
        kk. Authorization for an Improved U.S./Soviet Direct
          Communications Link (Public Law 99-85).....................  1343
    4. 10 U.S.C. 7307--Disposals to Foreign Nations of Naval Vessels.  1345

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

         1. Other Foreign Assistance Related Legislation and Materials

                           a. Policy Toward Iraq \1\

           (1) Iraq Freedom Fund/Iraqi Relief and Reconstruction Fund

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

        \1\ See also various Foreign Assistance Appropriations Acts and
    Emergency Supplemental Appropriations Acts, in Legislation on Foreign
    Relations Through 2005, vol. I-A. See also the Authorization for Use of
    Military Force Against Iraq Resolutions (Public Law 102-1, enacted
    January 14, 1991, and Public Law 107-243, enacted October 16, 2002), in
    Legislation on Foreign Relations Through 2005, vol. II. See also
    legislation relating to sanctions imposed on Iraq, in Legislation on
    Foreign Relations Through 2005, vol. III. See also various National
    Defense Authorization Acts and the current Department of Defense
    Appropriations Act in this volume.
    ---------------------------------------------------------------------------

      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 \2\

                              (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:
    ---------------------------------------------------------------------------
        \2\ Title IX of the Department of Defense Appropriation Act, 2006
    (Public Law 109-148; 119 Stat. 2733), provided the following:
    ---------------------------------------------------------------------------

    ``Iraq Freedom Fund

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

        ``For an additional amount for `Iraq Freedom Fund', $4,658,686,000,
    to remain available for transfer until September 30, 2007, 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; and working
    capital funds: Provided further, That of the amounts provided under
    this heading, $3,048,686,000 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 not less than
    $1,360,000,000 shall be available for the Joint IED Defeat Task Force:
    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.''.
        See title XV of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3480)--Authorization for
    Increased Costs Due To Operation Iraqi Freedom and Operation Enduring
    Freedom--and particularly sec. 1511 of that title, which provides the
    following:
    ---------------------------------------------------------------------------

    ``sec. 1511. iraq freedom fund.
    ---------------------------------------------------------------------------

        ``(a) In General.--Funds are hereby authorized to be appropriated
    for fiscal year 2006 for the Iraq Freedom Fund in the amount of
    $5,240,725,000.
        ``(b) Limitation on Availability of Certain Amount.--Of the amount
    authorized to be appropriated by subsection (a), $1,000,000,000 shall
    be available only for support of activities of the Joint Improvised
    Explosive Device Task Force.
        ``(c) Classified Programs.--Of the amount authorized to be
    appropriated by subsection (a), $2,500,000,000 shall be available only
    for classified programs.
        ``(d) Transfer.--
    ---------------------------------------------------------------------------

      ``(1) Transfer authorized.--Subject to paragraph (2), amounts authorized
    to be appropriated by subsection (a) may be transferred from the Iraq
    Freedom Fund to any accounts as follows:

      ``(A) Operation and maintenance accounts of the Armed Forces.

      ``(B) Military personnel accounts.

      ``(C) Research, development, test, and evaluation accounts of the
    Department of Defense.

      ``(D) Procurement accounts of the Department of Defense.

      ``(E) Accounts providing funding for classified programs.

      ``(F) The operating expenses account of the Coast Guard.

      ``(2) Notice to congress.--A transfer may not be made under the authority
    in paragraph (1) until five days after the date on which the Secretary of
    Defense notifies the congressional defense committees in writing of the
    transfer.

      ``(3) Treatment of transferred funds.--Amounts transferred to an account
    under the authority in paragraph (1) shall be merged with amounts in such
    account and shall be made available for the same purposes, and subject to
    the same conditions and limitations, as amounts in such account.

      ``(4) Effect on authorization amounts.--A transfer of an amount to an
    account under the authority in paragraph (1) shall be deemed to increase
    the amount authorized for such account by an amount equal to the amount
    transferred.''.

              Not less than $1,771,180,000 for classified programs,
            which shall be in addition to amounts provided for
            elsewhere in this chapter, and under this heading, for
            procurement and research, development, test and
            evaluation;
              Not less than $1,100,000,000 for increased fuel
            costs, for transfer to ``Defense Working Capital
            Funds'';
              Up to $1,400,000,000 for transfer to ``Operation and
            Maintenance, Defense-Wide'', only for purposes further
            specified in section 1310 of this chapter;
              Up to $489,300,000 for transfer to the ``Natural
            Resources Risk Remediation Fund'';
              Up to $400,000,000 for transfer to Department of
            Homeland Security, ``United States Coast Guard,
            Operating Expenses'', to support military activities in
            connection with operations in and around Iraq and the
            global war on terrorism;
              Up to $57,600,000 for research, development, test,
            and evaluation; and
              Up to $25,000,000 for counter-terrorism military
            training activities for foreign governments in
            connection with the global war on terrorism, including
            equipment, supplies and services, on such terms as the
            Secretary of Defense, with the concurrence of the
            Secretary of State and 15 days following submission of
            a financial plan for the use of such funds to the
            congressional defense committees, may determine:
    Provided further, That in addition to the transfers authorized
    in the preceding proviso, the Secretary of Defense may transfer
    the funds provided herein to appropriations for military
    personnel; operation and maintenance; Overseas Humanitarian,
    Disaster Assistance, and Civic Aid; procurement; research,
    development, test and evaluation; military construction; the
    Defense Health Program appropriation; and working capital
    funds: Provided further, That the funds transferred under this
    heading shall be merged with and shall be available for the
    same purposes and for the same time period, as the
    appropriation to which transferred: Provided further, That the
    transfer authority provided in this paragraph is in addition to
    any other transfer authority available to the Department of
    Defense: Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are
    not necessary for the purposes provided herein, such amounts
    may be transferred back to this appropriation: Provided
    further, That the Secretary of Defense shall, not fewer than 5
    days prior to making transfers from this appropriation, notify
    the congressional defense committees in writing of the details
    of any such transfer: Provided further, That the Secretary of
    Defense shall submit a report no later than July 1, 2003, and
    then 30 days after the end of each fiscal quarter to the
    congressional defense committees summarizing the details of the
    transfer of funds from this appropriation.

                    Natural Resources Risk Remediation Fund

                              (transfer of funds)

        There is established in the Treasury of the United States a
    special account to be known as the ``Natural Resources Risk
    Remediation Fund''. Funds transferred to, appropriated to, and
    contributions made to, the Natural Resources Risk Remediation
    Fund may be made available for expenses necessary, in and
    around Iraq, to address emergency fire fighting, repair of
    damage to oil facilities and related infrastructure, and
    preserve a distribution capability, and may remain available
    until expended: Provided, That up to $489,300,000 of the funds
    appropriated to the Iraq Freedom Fund in this Act may be
    transferred to this fund: Provided further, That the Secretary
    of Defense may accept from any person, foreign government, or
    international organization, and credit to this fund, any
    contribution of money for such purposes: Provided further, That
    funds available in the Defense Cooperation Account may be
    transferred to and merged with the Natural Resources Risk
    Remediation Fund: Provided further, That the Secretary of
    Defense may transfer funds available in the Natural Resources
    Risk Remediation Fund to other appropriations or funds of the
    Department of Defense to carry out such purposes, or to
    reimburse such appropriations or funds for expenses incurred
    for such purposes: Provided further, That funds so transferred
    shall be merged with and shall be available for the same
    purposes and for the same time period as the appropriation or
    fund to which transferred: Provided further, That the transfer
    authority provided in this paragraph is in addition to any
    other transfer authority available to the Department of
    Defense: Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are
    not necessary for the purposes provided, such amounts may be
    transferred back to this appropriation: Provided further, That
    in administering the Natural Resources Risk Remediation Fund
    during fiscal year 2003, the Secretary of Defense may transfer
    funds from the Iraq Freedom Fund only to the extent that
    amounts transferred from the Defense Cooperation Account and
    amounts accepted pursuant to the authority of the second
    proviso of this paragraph are not currently available: Provided
    further, That, hereafter, contributions of money deposited into
    the Natural Resources Risk Remediation Fund shall be reported
    to the Congress in the same report, and under the same terms
    and conditions, as the report required for contributions to the
    Defense Cooperation Account under section 2608, chapter 155 of
    title 10, United States Code: Provided further, That the
    Secretary of Defense shall submit a report no later than 30
    days after the end of each fiscal quarter to the congressional
    defense committees of any transfer of funds from this
    appropriation.
              * * * * * * *

                        GENERAL PROVISIONS, THIS CHAPTER

        Sec. 1301. Except as otherwise specifically provided in
    this chapter, amounts provided to the Department of Defense
    under each of the headings in this chapter shall be available
    for the same time period, and subject to the same terms and
    conditions, as the amounts appropriated or otherwise made
    available in the Department of Defense Appropriations Act, 2003
    (Public Law 107-248) and Making Further Continuing
    Appropriations for the Fiscal Year 2003, and for Other Purposes
    (Public Law 108-7).
        Sec. 1302. None of the funds provided in this chapter may
    be used to finance programs or activities denied by Congress in
    previous fiscal year 2003 appropriations acts which make
    appropriations to the Department of Defense or to initiate a
    procurement or research, development, test and evaluation new
    start program without prior notification to the congressional
    defense committees.
        Sec. 1303. None of the funds in this chapter may be used to
    develop or procure any item or capability that will not be
    fielded within 4 years of enactment of this Act.
              * * * * * * *

                         (including transfer of funds)

        Sec. 1307. In addition to amounts made available elsewhere
    in this Act for the Department of Defense, $165,000,000 is
    appropriated to the Department of Defense to reimburse
    applicable appropriations for the value of drawdown support
    provided by the Department of Defense under the Afghanistan
    Freedom Support Act of 2002: Provided, That this appropriation
    shall not increase the limitation set forth in section 202(b)
    of that Act: Provided further, That the Secretary of Defense
    may transfer the funds provided herein to the applicable
    appropriations of the Department of Defense: Provided further,
    That the funds transferred shall be merged with and shall be
    available for the same purposes and for the same time period as
    the appropriation to which transferred: Provided further, That
    the transfer authority provided in this section is in addition
    to any other transfer authority available to the Department of
    Defense: Provided further, That notwithstanding any other
    provision of law, none of the funds provided in this or any
    other appropriations Act for the Department of Defense may be
    used for the drawdown authority in section 202 of the
    Afghanistan Freedom Support Act of 2002 (Public Law 107-327)
    prior to notifying in writing the House and Senate Committees
    on Appropriations of the source of the funds to be used for
    such purpose.
        Sec. 1308. Funds appropriated in this Act, or made
    available by the transfer of funds in or pursuant to this Act,
    for intelligence activities are deemed to be specifically
    authorized by the Congress for purposes of section 504 of the
    National Security Act of 1947 (50 U.S.C. 414).
        Sec. 1309. (a) Of the amounts available to the Secretary of
    Defense, $63,500,000 may be used to reimburse applicable
    appropriations for the value of support provided by the
    Department of Defense under the Iraq Liberation Act of 1998:
    Provided, That this appropriation shall not increase the
    limitation set forth in section (4)(a)(2)(B) of that Act.
        (b) Section (4)(a)(2) of the Iraq Liberation Act of 1998
    \3\ is amended by adding the following new subparagraph at the
    end: * * *
    ---------------------------------------------------------------------------
        \3\ For text, as amended, see page 23.
    ---------------------------------------------------------------------------
        (c) Notwithstanding any other provision of law, none of the
    funds provided in this or any other appropriations Act for the
    Department of Defense may be used for the drawdown authority in
    section (4)(a)(2) of the Iraq Liberation Act of 1998 (including
    the drawdown authority of this section) unless the House and
    Senate Committees on Appropriations are notified in writing of
    the sources of the funds to be used for such purpose not later
    than 7 days following the exercise of the drawdown authority.

                         (including transfer of funds)

        Sec. 1310. Up to $1,400,000,000 of funds transferred under
    the authority provided under the heading ``Iraq Freedom Fund''
    to ``Operation and Maintenance, Defense-Wide'' may be used,
    notwithstanding any other provision of law, for payments to
    reimburse Pakistan, Jordan, and other key cooperating nations,
    for logistical and military support provided, or to be
    provided, to United States military operations in connection
    with military action in Iraq and the global war on terrorism:
    Provided, That such payments may be made in such amounts as the
    Secretary of Defense, with the concurrence of the Secretary of
    State and in consultation with the Director of the Office of
    Management and Budget, may determine, in his discretion, based
    on documentation determined by the Secretary of Defense to
    adequately account for the support provided, and such
    determination is final and conclusive upon the accounting
    officers of the United States, and 15 days following
    notification to the appropriate congressional committees:
    Provided further, That unless expressly provided in an
    appropriations Act enacted after the date of enactment of this
    Act, and notwithstanding any other provision of law, no funds
    other than those additional amounts provided herein shall be
    made available for any payments intended to fulfill the
    purposes specified in this section and similar reimbursement
    authorities expressly provided in section 304 of Public Law
    107-117 and within the ``Operation and Maintenance, Defense-
    Wide'' appropriation account enacted in Public Law 107-206:
    Provided further, That not later than July 1, 2003, the
    Secretary of Defense shall submit a report in writing to the
    Committees on Appropriations that includes a financial plan for
    the obligation and expenditure of such funds: Provided further,
    That if such report is not provided to the Committees on
    Appropriations by the date specified in the previous proviso,
    unobligated balances of funds that are available from the
    amounts provided in this chapter for the purposes specified
    under this section shall be returned to the Treasury of the
    United States: Provided further, That, beginning not later than
    July 1, 2003, the Secretary of Defense shall provide quarterly
    reports to the Committees on Appropriations on the uses of
    funds made available for payments to Pakistan, Jordan, and
    other key cooperating nations for logistical and military
    support provided to United States military operations in
    connection with military action in and around Iraq and the
    global war on terrorism.

                              (transfer of funds)

        Sec. 1311. Upon determination by the Secretary of Defense
    that such action is necessary in the national interest, he may
    transfer between appropriations up to $2,000,000,000 of the
    funds made available in this chapter: Provided, That the
    Secretary of Defense shall notify the Congress promptly of all
    transfers made pursuant to this authority: Provided further,
    That the transfer authority provided in this section is in
    addition to any other transfer authority available to the
    Department of Defense: Provided further, That the authority in
    this section is subject to the same terms and conditions as the
    authority provided in section 8005 of Public Law 107-248 except
    for the fourth proviso.
              * * * * * * *

                              (transfer of funds)

        Sec. 1313. As of October 31, 2003, all unobligated \4\
    balances of funds remaining in the ``Defense Emergency Response
    Fund'' shall be transferred to, and merged with, the ``Iraq
    Freedom Fund'', and shall be available for the same purposes,
    and under the same terms and conditions, as funds appropriated
    to the ``Iraq Freedom Fund'' in this chapter.
    ---------------------------------------------------------------------------
        \4\ Sec. 1105(a) of Public Law 108-106 (117 Stat. 1214) inserted
    ``unobligated'' before ``balances''. Subsec. 1105(b) of that Act
    provided the following:
        ``(b) Effective November 1, 2003, adjustments to obligations that
    before such date would have been properly chargeable to the Defense
    Emergency Response Fund shall be charged to any current appropriations
    account of the Department of Defense available for the same purpose.''.
    ---------------------------------------------------------------------------
              * * * * * * *

                                   CHAPTER 5

              * * * * * * *

                      OTHER BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                    iraq relief and reconstruction fund \5\

                         (including transfers of funds)

        For necessary expenses for humanitarian assistance in and
    around Iraq and to carry out the purposes of the Foreign
    Assistance Act of 1961 for rehabilitation and reconstruction in
    Iraq, there is appropriated to the President, $2,475,000,000,
    to remain available until September 30, 2004, including for the
    costs of: (1) water/sanitation infrastructure; (2) feeding and
    food distribution; (3) supporting relief efforts related to
    refugees, internally displaced persons, and vulnerable
    individuals, including assistance for families of innocent
    Iraqi civilians who suffer losses as a result of military
    operations; (4) electricity; (5) healthcare; (6)
    telecommunications; (7) economic and financial policy; (8)
    education; (9) transportation; (10) rule of law and governance;
    (11) humanitarian demining; and (12) agriculture: Provided,
    That these funds shall be apportioned only to the Department of
    State, the United States Agency for International Development,
    the Department of the Treasury, the Department of Defense, and
    the Department of Health and Human Services, as appropriate,
    for expenses to meet such costs: Provided further, That funds
    appropriated under this heading shall be used to fully
    reimburse accounts administered by the Department of State, the
    Department of the Treasury and the United States Agency for
    International Development, not otherwise reimbursed from funds
    appropriated by this chapter, for obligations incurred for the
    purposes provided under this heading prior to enactment of this
    Act from funds appropriated for foreign operations, export
    financing, and related programs: Provided further, That prior
    to the initial apportionment of funds made available under this
    heading to any agency or department, the President, or his
    designee, shall consult with the Committees on Appropriations
    on plans for the use of the funds appropriated under this
    heading that will be used for assistance for Iraq: Provided
    further, That upon a determination that all or part of the
    funds transferred from this appropriation are not necessary for
    the purposes provided herein, such amounts may be transferred
    back to this appropriation: Provided further, That the United
    States may accept from any person, foreign government, or
    international organization, and credit to this Fund, any
    contribution of money for such purposes: Provided further, That
    funds appropriated under this heading shall be available
    notwithstanding any other provision of law, including section
    10 of Public Law 91-672 and section 15 of the State Department
    Basic Authorities Act of 1956: Provided further, That funds
    appropriated under this heading or transferred under provisions
    of this chapter or section 632 of the Foreign Assistance Act of
    1961 that are made available for assistance for Iraq shall be
    subject to notification of the Committees on Appropriations,
    except that notifications shall be transmitted at least 5 days
    in advance of the obligation of funds.
    ---------------------------------------------------------------------------
        \5\ In a memorandum of May 6, 2003 (68 F.R. 25275), as amended by a
    memorandum signed by the President on December 5, 2003 (69 F.R. 1645),
    the President stated the following:
        ``The functions of the President under the heading `Iraq Relief and
    Reconstruction Fund' in the Emergency Wartime Supplemental
    Appropriations Act, 2003 (Public Law 108-11), or in any subsequent
    appropriation under this heading, including with respect to
    apportionment, reimbursement, consultation, transfer of funds,
    retransfer of funds, and acceptance and crediting of contributions, are
    assigned to the Director of the Office of Management and Budget.
        ``In accordance with Presidential direction relating to Iraq relief
    and reconstruction, multiple agencies are deployed with the Coalition
    Provisional Authority (CPA) and are serving as implementing partners or
    executing agents for programs and projects. These agencies will
    identify funding requirements for such programs and projects through
    CPA. OMB will work with CPA to transfer funds to the appropriate
    implementing agency. The Director of OMB shall coordinate with the
    Secretary of Defense or his designee prior to apportioning funds. With
    respect to programs administered by the Department of State or the
    United States Agency for International Development, the Director of OMB
    shall coordinate with the Secretary of State or his designee prior to
    apportioning funds.''.
    ---------------------------------------------------------------------------

                             Economic Support Fund

        For an additional amount for ``Economic Support Fund'',
    $2,422,000,000, of which:
              (1) not less than $700,000,000 shall be made
            available for assistance for Jordan;
              (2) $300,000,000, to remain available until September
            30, 2005, shall be made available only for grants for
            Egypt: Provided, That during the period beginning March
            1, 2003, and ending September 30, 2005, loan guarantees
            may be made to Egypt, the principal amount, any part of
            which is to be guaranteed, shall not exceed
            $2,000,000,000: Provided further, That the Government
            of Egypt will incur all the costs, as defined in
            section 502 of the Federal Credit Reform Act of 1990,
            as amended, associated with these loan guarantees,
            including any non-repayment exposure risk: Provided
            further, That all fees associated with these loan
            guarantees, including subsidy and administrative costs,
            shall be paid by the Government of Egypt to the
            Government of the United States: Provided further, That
            funds made available under this paragraph and other
            funds appropriated to carry out chapter 4 of part II of
            the Foreign Assistance Act of 1961 and made available
            for assistance for Egypt may be used by the Government
            of Egypt to pay such fees to the United States
            Government: Provided further, That such guarantees
            shall constitute obligations, in accordance with the
            terms of such guarantees, of the United States and the
            full faith and credit of the United States is hereby
            pledged for full payment and performance of such
            obligations: Provided further, That the President shall
            determine the terms and conditions for issuing the
            economic assistance authorized by this paragraph and
            should take into consideration budgetary and economic
            reforms undertaken by Egypt: Provided further, That if
            the President determines that these terms and
            conditions have been breached, the President may
            suspend or terminate the provision of all or part of
            such economic assistance not yet outlayed under this
            paragraph;
              (3) not to exceed $1,000,000,000, to remain available
            until September 30, 2005, for grants for Turkey:
            Provided, That during the period beginning March 1,
            2003, and ending September 30, 2005, direct loans or
            loan guarantees may be made to Turkey, the principal
            amount of direct loans or loans, any part of which is
            to be guaranteed, shall not exceed $8,500,000,000:
            Provided further, That the Government of Turkey will
            incur all the costs, as defined in section 502 of the
            Federal Credit Reform Act of 1990, as amended,
            associated with these loans or loan guarantees,
            including any non-repayment exposure risk: Provided
            further, That all fees associated with these loans or
            loan guarantees, including subsidy and administrative
            costs, shall be paid by the Government of Turkey to the
            Government of the United States: Provided further, That
            funds made available under this paragraph and other
            funds appropriated to carry out chapter 4 of part II of
            the Foreign Assistance Act of 1961 and made available
            for assistance for Turkey may be used by the Government
            of Turkey to pay such fees to the United States
            Government: Provided further, That such guarantees
            shall constitute obligations, in accordance with the
            terms of such guarantees, of the United States and the
            full faith and credit of the United States is hereby
            pledged for the full payment and performance of such
            obligations: Provided further, That none of the funds
            made available by this paragraph may be made available
            for assistance for Turkey if the Secretary of State
            determines and reports to the Committees on
            Appropriations of the House and Senate, the Committee
            on Foreign Relations of the Senate and Committee on
            International Relations of the House that the
            Government of Turkey is not cooperating with the United
            States in Operation Iraqi Freedom, including the
            facilitation of humanitarian assistance to Iraq, or has
            unilaterally deployed troops into northern Iraq:
            Provided further, That the President shall determine
            the terms and conditions for issuing the economic
            assistance authorized by this paragraph and should take
            into consideration budgetary and economic reforms
            undertaken by Turkey: Provided further, That if the
            President determines that these terms and conditions
            have been breached, the President may suspend or
            terminate the provision of all or part of such economic
            assistance not yet outlayed under this paragraph:
            Provided further, That any balance of funds not made
            available to Turkey under this paragraph shall be
            transferred to, and merged with, funds appropriated for
            ``Iraq Relief and Reconstruction Fund'';
              (4) not less than $30,000,000 for the Philippines to
            further prospects for peace in Mindanao, and not less
            than $167,000,000 for assistance for Afghanistan:
            Provided, That of the funds appropriated under this
            heading, $10,000,000 should be made available for
            investigations and research into allegations of war
            crimes, crimes against humanity, or genocide committed
            by Saddam Hussein or other Iraqis, and for a
            contribution to an international tribunal to bring
            these individuals to justice;
              (5) regional funds made available under this heading
            for assistance that are not specified in paragraphs (1)
            through (4) shall be subject to the regular
            notification procedures of the Committees on
            Appropriations; and
              (6) unless otherwise specified herein, funds
            appropriated under this heading shall remain available
            until September 30, 2004.

                         Loan Guarantees to Israel \6\

        During the period beginning March 1, 2003, and ending
    September 30, 2007,\7\ loan guarantees may be made available to
    Israel, guaranteeing 100 percent of the principal and interest
    on such loans, the principal amount, any part of which is to be
    guaranteed, not to exceed $9,000,000,000, of which up to
    $3,000,000,000 may be issued prior to October 1, 2003, or
    thereafter and of which $3,000,000,000 may be issued subsequent
    to September 30, 2004: Provided, That such guarantees shall
    constitute obligations, in accordance with the terms of such
    guarantees, of the United States and the full faith and credit
    of the United States is hereby pledged for the full payment and
    performance of such obligations: Provided further, That if less
    than the full amount of guarantees authorized to be made
    available is issued prior to September 30, 2007,\8\ the
    authority to issue the balance of such guarantees shall extend
    to the subsequent fiscal year: Provided further, That
    guarantees may be issued under this section only to support
    activities in the geographic areas which were subject to the
    administration of the Government of Israel before June 5, 1967:
    Provided further, That the amount of guarantees that may be
    issued shall be reduced by an amount equal to the amount
    extended or estimated to have been extended by the Government
    of Israel during the period from March 1, 2003, to the date of
    issue of the guarantee, for activities which the President
    determines are inconsistent with the objectives and
    understandings reached between the United States and the
    Government of Israel regarding the implementation of the loan
    guarantee program: Provided further, That the President shall
    submit a report to Congress no later than September 30 of each
    fiscal year during the pendency of the program specifying the
    amount calculated under the preceding proviso and that will be
    deducted from the amount of guarantees authorized to be issued
    in the next fiscal year: Provided further, That the interest
    rate for loans guaranteed under this heading may include a
    reasonable fee to cover the costs and fees incurred by the
    borrower in connection with this program or financing under
    this heading in the event the borrower elects not to finance
    such costs or fees out of loan principal: Provided further,
    That no appropriations under this heading are available for the
    subsidy costs for these loan guarantees: Provided further, That
    the Government of Israel will pay the cost, as defined in
    section 502 of the Federal Credit Reform Act of 1990, as
    amended, including any non-payment exposure risk, associated
    with the loan guarantees issued in any fiscal year, on a pro
    rata basis as each guarantee is issued during that year:
    Provided further, That all fees (as defined in section 601(e)
    of Public Law 102-391) associated with the loan guarantees
    shall be paid by the Government of Israel to the Government of
    the United States: Provided further, That funds made available
    for assistance to Israel under chapter 4 of part II of the
    Foreign Assistance Act of 1961, as amended, may be utilized by
    the Government of Israel to pay such fees to the United States
    Government: Provided further, That the President shall
    determine the terms and conditions for issuing guarantees,
    taking into consideration the budgetary and economic reforms
    undertaken by Israel: Provided further, That if the President
    determines that these terms and conditions have been breached,
    the President may suspend or terminate the provision of all or
    part of the loan guarantees not yet issued under this heading.
    ---------------------------------------------------------------------------
        \6\ In a memorandum of September 12, 2003 (68 F.R. 54969), the
    President delegated to the Secretary of State the functions conferred
    on the President under this heading.
        \7\ Sec. 534(p)(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 ``During the period beginning
    March 1, 2003, and ending September 30, 2005,'' and inserted in lieu
    thereof ``During the period beginning March 1, 2003, and ending
    September 30, 2007,''.
        \8\ Sec. 534(p)(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2005 (division D of Public Law
    108-447; 118 Stat. 2809), struck out ``That if less than the full
    amount of guarantees authorized to be made available is issued prior to
    September 30, 2005,'' and inserted in lieu thereof ``That if less than
    the full amount of guarantees authorized to be made available is issued
    prior to September 30, 2007,''.
    ---------------------------------------------------------------------------
              * * * * * * *

                        GENERAL PROVISIONS, THIS CHAPTER

        Sec. 1501. Any appropriation made available in this chapter
    under the headings ``International Disaster Assistance'',
    ``United States Emergency Refugee and Migration Assistance
    Fund'', ``Nonproliferation, Anti-Terrorism, Demining and
    Related Programs'', ``Peacekeeping Operations'', or ``Iraq
    Relief and Reconstruction Fund'' may be transferred between
    such appropriations for use for any of the purposes for which
    the funds in such receiving account may be used: Provided, That
    the total amount transferred from funds appropriated under
    these headings shall not exceed $100,000,000: Provided further,
    That the Secretary of State shall consult with the Committees
    on Appropriations prior to exercising the authority contained
    in this section: Provided further, That funds made available
    pursuant to the authority of this section shall be subject to
    the regular notification procedures of the Committees on
    Appropriations, except that notification shall be transmitted
    at least 5 days in advance of the obligations of funds.
        Sec. 1502. Assistance or other financing under this chapter
    may be provided for Iraq notwithstanding any other provision of
    law: Provided, That the authority contained in this section
    shall not apply to section 553 of Public Law 108-7: Provided
    further, That funds made available for Iraq pursuant to this
    authority shall be subject to the regular reprogramming
    procedures of the Committees on Appropriations and section 634A
    of the Foreign Assistance Act of 1961, except that notification
    shall be transmitted at least 5 days in advance of obligation:
    Provided further, That the notification requirements of this
    section may be waived if failure to do so would pose a
    substantial risk to human health or welfare: Provided further,
    That in case of any such waiver, notification to the
    appropriate congressional committees, shall be provided as
    early as practicable, but in no event later than 3 days after
    taking the action to which such notification requirement was
    applicable, in the context of the circumstances necessitating
    such waiver: Provided further, That any notification provided
    pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.
        Sec. 1503.\9\ 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
    \10\ 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.
    ---------------------------------------------------------------------------
        \9\ 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.''.
        \10\ Sec. 2204 of Public Law 108-106 (117 Stat. 1230) struck out
    ``equipment'' and inserted in lieu thereof ``equipment, including
    equipment''.
    ---------------------------------------------------------------------------
        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:
    \11\ 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.
    ---------------------------------------------------------------------------
        \11\ 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:''.
    ---------------------------------------------------------------------------
        Sec. 1505. Division E of Public Law 108-7, under the
    heading ``Assistance for the Independent States of the Former
    Soviet Union'', is amended in subsection (f) by: (1) striking
    ``assistance for the Government'' and inserting ``assistance
    for the central Government''; and (2) striking ``unless'' and
    inserting ``if''; and striking ``not facilitated'' and
    inserting ``facilitated''.

    SEC. 1506.\12\ REPORTS ON UNITED STATES STRATEGY FOR RELIEF AND
                        RECONSTRUCTION IN IRAQ.

        (a) Initial Report.--Not later than 45 days after the date
    of enactment of this Act, the President shall submit to the
    Committees on Appropriations a report on the United States
    strategy regarding activities related to post-conflict
    security, humanitarian assistance, governance, and
    reconstruction in Iraq that are undertaken as a result of
    Operation Iraqi Freedom. The report shall include the
    following:
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              (1) The distribution of duties and responsibilities
            regarding such activities among agencies of the United
            States Government, including the Department of State,
            the United States Agency for International Development,
            and the Department of Defense (to be provided within 30
            days of enactment of this Act).
              (2) A detailed plan describing the roles and
            responsibilities of foreign governments and
            international organizations including the United
            Nations, in carrying out activities related to post-
            conflict security, humanitarian assistance, governance,
            and reconstruction in Iraq.
              (3) A strategy for coordinating such activities among
            the United States Government, foreign governments and
            international organizations, including the United
            Nations.
              (4) An initial estimate of the costs expected to be
            associated with such activities.
              (5) A strategy for distributing the responsibility
            for paying costs associated with reconstruction
            activities in Iraq among the United States, foreign
            governments, and international organizations, including
            the United Nations, and an estimate of the revenue
            expected to be generated by Iraqi oil production that
            could be used to pay such costs.
        (b) Subsequent Reports.--Not later than 90 days after the
    date of enactment of this Act, and every 90 days thereafter
    until September 30, 2004, the President shall submit to the
    Committees on Appropriations a report that contains:
              (1) A list of significant United States Government-
            funded activities related to reconstruction in Iraq
            that, during the 90-day period ending 15 days prior to
            the date the report is submitted to the Committees on
            Appropriations--
                      (A) were initiated; or
                      (B) were completed.
              (2) A list of the significant activities related to
            reconstruction in Iraq that the President anticipates
            initiating during the 90-day period beginning on the
            date the report is submitted to the Committees on
            Appropriations, including:
                      (A) Cost estimates for carrying out the
                    proposed activities.
                      (B) The source of the funds that will be used
                    to pay such costs.
              (3) Updated strategies, if changes are proposed
            regarding matters included in the reports required
            under subsection (a).
              (4) An updated list of the financial pledges and
            contributions made by foreign governments or
            international organizations to fund activities related
            to humanitarian, governance, and reconstruction
            assistance in Iraq.
              * * * * * * *

                     TITLE VI--GENERAL PROVISIONS--THIS ACT

        Sec. 6001. No part of any appropriation contained in this
    Act shall remain available for obligation beyond the current
    fiscal year unless expressly so provided herein.
        This Act may be cited as the ``Emergency Wartime
    Supplemental Appropriations Act, 2003''.
                      (2) Iraq Liberation Act of 1998 \1\

     Public Law 105-338 [H.R. 4655], 112 Stat. 3178, approved October 31,
      1998; amended by Public Law 108-11 [Emergency Wartime Supplemental
    Appropriations Act, 2003; H.R. 1559], 117 Stat. 559, approved April 16,
                                      2003

     AN ACT To establish a program to support a transition to democracy in
                                     Iraq.

        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 ``Iraq Liberation Act of
    1998''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        The Congress makes the following findings:
              (1) On September 22, 1980, Iraq invaded Iran,
            starting an 8 year war in which Iraq employed chemical
            weapons against Iranian troops and ballistic missiles
            against Iranian cities.
              (2) In February 1988, Iraq forcibly relocated Kurdish
            civilians from their home villages in the Anfal
            campaign, killing an estimated 50,000 to 180,000 Kurds.
              (3) On March 16, 1988, Iraq used chemical weapons
            against Iraqi Kurdish civilian opponents in the town of
            Halabja, killing an estimated 5,000 Kurds and causing
            numerous birth defects that affect the town today.
              (4) On August 2, 1990, Iraq invaded and began a 7
            month occupation of Kuwait, killing and committing
            numerous abuses against Kuwaiti civilians, and setting
            Kuwait's oil wells ablaze upon retreat.
              (5) Hostilities in Operation Desert Storm ended on
            February 28, 1991, and Iraq subsequently accepted the
            ceasefire conditions specified in United Nations
            Security Council Resolution 687 (April 3, 1991)
            requiring Iraq, among other things, to disclose fully
            and permit the dismantlement of its weapons of mass
            destruction programs and submit to long-term monitoring
            and verification of such dismantlement.
              (6) In April 1993, Iraq orchestrated a failed plot to
            assassinate former President George Bush during his
            April 14-16, 1993, visit to Kuwait.
              (7) In October 1994, Iraq moved 80,000 troops to
            areas near the border with Kuwait, posing an imminent
            threat of a renewed invasion of or attack against
            Kuwait.
              (8) On August 31, 1996, Iraq suppressed many of its
            opponents by helping one Kurdish faction capture Irbil,
            the seat of the Kurdish regional government.
              (9) Since March 1996, Iraq has systematically sought
            to deny weapons inspectors from the United Nations
            Special Commission on Iraq (UNSCOM) access to key
            facilities and documents, has on several occasions
            endangered the safe operation of UNSCOM helicopters
            transporting UNSCOM personnel in Iraq, and has
            persisted in a pattern of deception and concealment
            regarding the history of its weapons of mass
            destruction programs.
              (10) On August 5, 1998, Iraq ceased all cooperation
            with UNSCOM, and subsequently threatened to end long-
            term monitoring activities by the International Atomic
            Energy Agency and UNSCOM.
              (11) On August 14, 1998, President Clinton signed
            Public Law 105-235, which declared that ``the
            Government of Iraq is in material and unacceptable
            breach of its international obligations'' and urged the
            President ``to take appropriate action, in accordance
            with the Constitution and relevant laws of the United
            States, to bring Iraq into compliance with its
            international obligations.''.
              (12) On May 1, 1998, President Clinton signed Public
            Law 105-174, which made $5,000,000 available for
            assistance to the Iraqi democratic opposition for such
            activities as organization, training, communication and
            dissemination of information, developing and
            implementing agreements among opposition groups,
            compiling information to support the indictment of
            Iraqi officials for war crimes, and for related
            purposes.

    SEC. 3. SENSE OF THE CONGRESS REGARDING UNITED STATES POLICY TOWARD
                        IRAQ.

        It should be the policy of the United States to support
    efforts to remove the regime headed by Saddam Hussein from
    power in Iraq and to promote the emergence of a democratic
    government to replace that regime.

    SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.

        (a) Authority To Provide Assistance.--The President may
    provide to the Iraqi democratic opposition organizations
    designated in accordance with section 5 the following
    assistance:
              (1) \2\ Broadcasting assistance.--(A) Grant
            assistance to such organizations for radio and
            television broadcasting by such organizations to Iraq.
    ---------------------------------------------------------------------------
        \2\ Chapter 2 of title I of the Emergency Wartime Supplemental
    Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 562), provided
    the following:
    ---------------------------------------------------------------------------

    ``international broadcasting operations
    ---------------------------------------------------------------------------

        ``For an additional amount for `International Broadcasting
    Operations' for activities related to the Middle East Television
    Network broadcasting to the Middle East and radio broadcasting to Iraq,
    $30,500,000, to remain available until September 30, 2004.''.
        Previously, title II of Public Law 105-174 (112 Stat. 70) provided
    the following:
    ---------------------------------------------------------------------------

    ``United States Information Agency

    ``international broadcasting operations
    ---------------------------------------------------------------------------

        ``For an additional amount for `International Broadcasting
    Operations', $5,000,000, to remain available until September 30, 1999,
    for a grant to Radio Free Europe/Radio Liberty for surrogate radio
    broadcasting to the Iraqi people: Provided, That such broadcasting
    shall be designated `Radio Free Iraq': Provided further, That within 30
    days of enactment into law of this Act the Broadcasting Board of
    Governors shall submit a detailed report to the appropriate committees
    of Congress on plans to establish a surrogate broadcasting service to
    Iraq: Provided further, That such amount is designated by Congress as
    an emergency requirement pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided further, That the entire amount shall be available only to the
    extent that an official budget request for a specific dollar amount,
    that includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress.''.
    ---------------------------------------------------------------------------
              (B) There is authorized to be appropriated to the
            United States Information Agency $2,000,000 for fiscal
            year 1999 to carry out this paragraph.
              (2) \3\ Military assistance.--(A) The President is
            authorized to direct 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 for such organizations.
    ---------------------------------------------------------------------------
        \3\ In Presidential Determination No. 2000-5 of October 29, 1999
    (64 F.R. 60651), the President directed ``the furnishing of up to $5
    million in defense articles from the stocks of the Department of
    Defense, defense services of the Department of Defense, and military
    education and training in order to provide assistance to the Iraqi
    National Congress.''.
    ---------------------------------------------------------------------------
              (B) The aggregate value (as defined in section 644(m)
            of the Foreign Assistance Act of 1961) of assistance
            provided under this paragraph may not exceed
            $97,000,000.
              (C) \4\ The aggregate value (as defined in section
            644(m) of the Foreign Assistance Act of 1961) of
            assistance provided under this paragraph may not exceed
            $86,500,000 in fiscal year 2003.
    ---------------------------------------------------------------------------
        \4\ Sec. 1309(b) of Public Law 108-11 (117 Stat. 568) added para.
    (C).
    ---------------------------------------------------------------------------
        (b) \5\ Humanitarian Assistance.--The Congress urges the
    President to use existing authorities under the Foreign
    Assistance Act of 1961 to provide humanitarian assistance to
    individuals living in areas of Iraq controlled by organizations
    designated in accordance with section 5, with emphasis on
    addressing the needs of individuals who have fled to such areas
    from areas under the control of the Saddam Hussein regime.
    ---------------------------------------------------------------------------
        \5\ For FY 1998, sec. 10008 of the 1998 Supplemental Appropriations
    and Rescission Act (Public Law 105-174; 112 Stat. 58) provided $5
    million for ESF assistance under Public Law 105-118 (that year's
    foreign assistance appropriations act) to the Iraqi democratic
    opposition.
        For FY 1999, sec. 590 of the foreign assistance appropriations act
    (Public Law 105-277; 112 Stat. 2681) provided not less than $8 million
    to the Iraqi democratic opposition, of which not less than $3 million
    was to be made available as a grant to the Iraqi National Congress.
        For FY 2000, sec. 580 of the foreign assistance appropriations act
    (Public Law 106-113; 113 Stat. 1535) provided $10 million to support
    efforts to bring about political transition to Iraq, of which $8
    million was to be made available to Iraqi opposition groups designated
    under this Act, and another $2 million for groups and activities
    seeking the prosecution of Saddam Hussein and other Iraqi government
    officials for war crimes.
        For FY 2001, sec. 575 of the foreign assistance appropriations act
    (Public Law 106-429; 114 Stat. 1900) provided not less than $25 million
    for programs benefiting the Iraqi people, of which not less than $12
    million should be made available for humanitarian assistance
    administered through the Iraqi National Congress or the Iraqi National
    Congress Support Foundation, and not less than $6 million should be
    made available to the same organizations for broadcasting, and not more
    than $2 million should be made available for groups and activities
    seeking the prosecution of Saddam Hussein and other Iraqi government
    officials for war crimes.
        For FY 2002, sec. 580 of the foreign assistance appropriations act
    (Public Law 107-115; 115 Stat. 2166) provided an undesignated amount of
    Economic Support Funds to be made available for programs benefiting the
    Iraqi people and to support efforts to bring about a political
    transition in Iraq.
        For FY 2003, sec. 567 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2003 (division E of Public Law
    108-7; 117 Stat. 206), provided the following:
    ---------------------------------------------------------------------------

    ``iraq
    ---------------------------------------------------------------------------

        ``Sec. 567. Notwithstanding any other provision of law, funds
    appropriated under the heading `Economic Support Fund' may be made
    available for programs benefitting the Iraqi people and to support
    efforts to bring about a political transition in Iraq: Provided, That
    none of the funds made available pursuant to the authorities provided
    in this section may be made available to any organization to reimburse
    or pay for costs incurred by such organization in prior fiscal years:
    Provided further, That funds made available under this section are made
    available subject to the regular notification procedures of the
    Committees on Appropriations.''.
    ---------------------------------------------------------------------------
        (c) Restriction on Assistance.--No assistance under this
    section shall be provided to any group within an organization
    designated in accordance with section 5 which group is, at the
    time the assistance is to be provided, engaged in military
    cooperation with the Saddam Hussein regime.
        (d) Notification Requirement.--The President shall notify
    the congressional committees specified in section 634A of the
    Foreign Assistance Act of 1961 at least 15 days in advance of
    each obligation of assistance under this section in accordance
    with the procedures applicable to reprogramming notifications
    under section 634A.
        (e) Reimbursement Relating to Military Assistance.--
              (1) In general.--Defense articles, defense services,
            and military education and training provided under
            subsection (a)(2) shall be made available without
            reimbursement to the Department of Defense except to
            the extent that funds are appropriated pursuant to
            paragraph (2).
              (2) Authorization of appropriations.--There are
            authorized to be appropriated to the President for each
            of the fiscal years 1998 and 1999 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 subsection
            (a)(2).
        (f) Availability of Funds.--(1) Amounts authorized to be
    appropriated under this section are authorized to remain
    available until expended.
        (2) Amounts authorized to be appropriated under this
    section are in addition to amounts otherwise available for the
    purposes described in this section.
        (g) Authority To Provide Assistance.--Activities under this
    section (including activities of the nature described in
    subsection (b)) may be undertaken notwithstanding any other
    provision of law.

    SEC. 5.\6\ DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZATION.

        (a) Initial Designation.--Not later than 90 days after the
    date of the enactment of this Act, the President shall
    designate one or more Iraqi democratic opposition organizations
    that the President determines satisfy the criteria set forth in
    subsection (c) as eligible to receive assistance under section
    4.
    ---------------------------------------------------------------------------
        \6\ In Presidential Determination No. 99-13 of February 4, 1999 (64
    F.R. 6781), the President determined ``that each of the following
    groups is a democratic opposition organization and that each satisfies
    the criteria set forth in section 5(c) of the Act: the Iraqi National
    Accord, the Iraqi National Congress, the Islamic Movement of Iraqi
    Kurdistan, the Kurdistan Democratic Party, the Movement for
    Constitutional Monarchy, the Patriotic Union of Kurdistan, and the
    Supreme Council for the Islamic Revolution in Iraq. I hereby designate
    each of these organizations as eligible to receive assistance under
    section 4 of the Act.''.
    ---------------------------------------------------------------------------
        (b) Designation of Additional Organizations.--At any time
    subsequent to the initial designation pursuant to subsection
    (a), the President may designate one or more additional Iraqi
    democratic opposition organizations that the President
    determines satisfy the criteria set forth in subsection (c) as
    eligible to receive assistance under section 4.
        (c) Criteria for Designation.--In designating an
    organization pursuant to this section, the President shall
    consider only organizations that--
              (1) include a broad spectrum of Iraqi individuals,
            groups, or both, opposed to the Saddam Hussein regime;
            and
              (2) are committed to democratic values, to respect
            for human rights, to peaceful relations with Iraq's
            neighbors, to maintaining Iraq's territorial integrity,
            and to fostering cooperation among democratic opponents
            of the Saddam Hussein regime.
        (d) Notification Requirement.--At least 15 days in advance
    of designating an Iraqi democratic opposition organization
    pursuant to this section, the President shall notify the
    congressional committees specified in section 634A of the
    Foreign Assistance Act of 1961 of his proposed designation in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A.

    SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.

        Consistent with section 301 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
    138), House Concurrent Resolution 137, 105th Congress (approved
    by the House of Representatives on November 13, 1997), and
    Senate Concurrent Resolution 78, 105th Congress (approved by
    the Senate on March 13, 1998), the Congress urges the President
    to call upon the United Nations to establish an international
    criminal tribunal for the purpose of indicting, prosecuting,
    and imprisoning Saddam Hussein and other Iraqi officials who
    are responsible for crimes against humanity, genocide, and
    other criminal violations of international law.

    SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN REGIME.

        It is the sense of the Congress that once the Saddam
    Hussein regime is removed from power in Iraq, the United States
    should support Iraq's transition to democracy by providing
    immediate and substantial humanitarian assistance to the Iraqi
    people, by providing democracy transition assistance to Iraqi
    parties and movements with democratic goals, and by convening
    Iraq's foreign creditors to develop a multilateral response to
    Iraq's foreign debt incurred by Saddam Hussein's regime.

    SEC. 8. RULE OF CONSTRUCTION.

        Nothing in this Act shall be construed to authorize or
    otherwise speak to the use of United States Armed Forces
    (except as provided in section 4(a)(2)) in carrying out this
    Act.
                (3) Iran-Iraq Arms Non-Proliferation Act of 1992

      Title XVI of the National Defense Authorization Act for Fiscal Year
    1993 [Public Law 102-484; H.R. 5006], 106 Stat. 2315 at 2571, approved
       October 23, 1992; amended by Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
        approved February 10, 1996; and by Public Law 107-228 [Foreign
     Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat.
                       1350, approved September 30, 2002

          TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \1\

    SEC. 1601. SHORT TITLE.

        This title may be cited as the ``Iran-Iraq Arms Non-
    Proliferation Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for
    the Secretary of State, the President delegated all functions vested in
    the President by this title to the Secretary of State, in consultation
    with the Secretaries of Defense, Treasury, Commerce, the Director of
    the Arms Control and Disarmament Agency, and other heads of appropriate
    departments and agencies (59 F.R. 50685).
        Secs. 1503 and 1504 of the Emergency Wartime Supplemental
    Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), 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.
        ``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:
    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.''.
        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.''.
    ---------------------------------------------------------------------------

    SEC. 1602. UNITED STATES POLICY.

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

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

        The sanctions against Iraq specified in paragraphs (1)
    through (4) of section 586G(a) of the Iraq Sanctions Act of
    1990 (as contained in Public Law 101-513),\2\ including denial
    of export licenses for United States persons and prohibitions
    on United States Government sales, shall be applied to the same
    extent and in the same manner with respect to Iran.
    ---------------------------------------------------------------------------
        \2\ For text of the Iraq Sanctions Act of 1990, see beginning at
    page 46.
    ---------------------------------------------------------------------------

    SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

        (a) Prohibition.--If any person transfers or retransfers
    goods or technology so as to contribute knowingly and
    materially to the efforts by Iran or Iraq (or any agency or
    instrumentality of either such country) to acquire chemical,
    biological, or nuclear weapons or \3\ to acquire destabilizing
    numbers and types of advanced conventional weapons, then the
    sanctions described in subsection (b) shall be imposed.
    ---------------------------------------------------------------------------
        \3\ Sec. 1408(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494), inserted ``to
    acquire chemical, biological, or nuclear weapons or'' before ``to
    acquire''.
    ---------------------------------------------------------------------------
        (b) Mandatory Sanctions.--The sanctions to be imposed
    pursuant to subsection (a) are as follows:
              (1) Procurement sanction.--For a period of two years,
            the United States Government shall not procure, or
            enter into any contract for the procurement of, any
            goods or services from the sanctioned person.
              (2) Export sanction.--For a period of two years, the
            United States Government shall not issue any license
            for any export by or to the sanctioned person.

    SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

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

    SEC. 1606. WAIVER.

        The President may waive the requirement to impose a
    sanction described in section 1603, in the case of Iran, or a
    sanction described in section 1604(b) or 1605(b), in the case
    of Iraq and Iran, 15 days after the President determines and so
    reports to the Committees on Armed Services and Foreign
    Relations of the Senate and the Committees on Armed Services
    and Foreign Affairs \5\ of the House of Representatives that it
    is essential to the national interest of the United States to
    exercise such waiver authority. Any such report shall provide a
    specific and detailed rationale for such determination.
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act 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. The
    Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------

    SEC. 1607. REPORTING REQUIREMENT.

        (a) \6\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \6\ Sec. 1308(g)(1)(C) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1441) struck out subsec.
    (a), which had required the President to file an annual report with the
    Committees on Armed Services, Foreign Relations and International
    Relations accounting for all transfers or retransfers made by any
    person of foreign government which would be subject to sanctions under
    this Act.
    ---------------------------------------------------------------------------
        (b) Report on Individual Transfers.--Whenever the President
    determines that a person or foreign government has made a
    transfer which is subject to any sanction under this title, the
    President shall, within 30 days after such transfer, submit to
    the Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and Foreign Affairs
    \5\ of the House of Representatives a report--
              (1) identifying the person or government and
            providing the details of the transfer; and
              (2) describing the actions the President intends to
            undertake or has undertaken under the provisions of
            this title with respect to each such transfer.
        (c) Form of Transmittal.--Reports required by this section
    may be submitted in classified as well as in unclassified form.

    SEC. 1608. DEFINITIONS.

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

      ``(i) urgent humanitarian assistance or medicine, and

      ``(ii) assistance under chapter 11 of part I (as enacted by the Freedom
    for Russia and Emerging Eurasian Democracies and Open Markets Support Act
    of 1992);''.

                      (B) sales and assistance under the Arms
                    Export Control Act;
                      (C) financing by the Commodity Credit
                    Corporation for export sales of agricultural
                    commodities; and
                      (D) financing under the Export-Import Bank
                    Act.
      (4) Persian Gulf Conflict Supplemental Authorization and Personnel
                              Benefits Act of 1991

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

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

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

    SECTION 1.\1\ SHORT TITLE

        This Act may be cited as the ``Persian Gulf Conflict
    Supplemental Authorization and Personnel Benefits Act of
    1991''.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 101 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS * * *

    SEC. 3.\1\ DEFINITIONS

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

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

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

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

    SEC. 101.\3\ FUNDS IN THE DEFENSE COOPERATION ACCOUNT

        (a) Authorization of Appropriation.--During fiscal years
    1991, 1992, and 1993,\4\ there is authorized to be appropriated
    to the Department of Defense current and future balances in the
    Defense Cooperation Account established under section 2608 of
    title 10, United States Code.
    ---------------------------------------------------------------------------
        \3\ Secs. 1202, 1203, and 1204 of Public Law 102-484 (106 Stat.
    2542) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1202. authorization of appropriations for fiscal year 1992.
    ---------------------------------------------------------------------------

        ``(a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Department of Defense for fiscal year 1992 in
    accordance with subsection (a) of section 101 of Public Law 102-25 (105
    Stat. 78), to be available under subsection (b)(1) of such section, the
    sum of $429,000,000 for military personnel as follows:
    ---------------------------------------------------------------------------

      ``(1) Army.--For the Army, $399,000,000.

      ``(2) Navy.--For the Navy, $30,000,000.
    ---------------------------------------------------------------------------

        ``(b) Increased Limitation on Authority for Transfer of Fiscal Year
    1992 Authorizations.--The total amount of the transfer authority
    provided for the Secretary of Defense for fiscal year 1992 in Public
    Law 102-190 or any other Act is increased by the amounts of the funds
    appropriated pursuant to subsection (a) that are transferred to fiscal
    year 1992 appropriations accounts pursuant to sections 101 and 102(c)
    of Public Law 102-25, as amended by section 1201.
    ---------------------------------------------------------------------------

    ``sec. 1203. authorization of appropriations for fiscal year 1993.
    ---------------------------------------------------------------------------

        ``(a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Department of Defense for fiscal year 1993 in
    accordance with subsection (a) of section 101 of Public Law 102-25 (105
    Stat. 78), to be available under subsection (b) of such section, the
    sum of $87,700,000 for military personnel as follows:
    ---------------------------------------------------------------------------

      ``(1) Army.--For the Army, $29,300,000.

      ``(2) Navy.--For the Navy, $35,300,000.

      ``(3) Marine corps.--For the Marine Corps, $3,100,000.

      ``(4) Air force.--For the Air Force, $20,000,000.
    ---------------------------------------------------------------------------

        ``(b) Increased Limitation on Authority for Transfer of Fiscal Year
    1993 Authorizations.--The amount of the transfer authority provided in
    section 1001 is increased by the amounts of the funds appropriated
    pursuant to subsection (a) that are transferred to fiscal year 1993
    appropriations accounts pursuant to sections 101 and 102(c) of Public
    Law 102-25, as amended by section 1201.''
    ---------------------------------------------------------------------------

    ``sec. 1204. relationship to other authorizations.
    ---------------------------------------------------------------------------

        ``The authorizations of appropriations in sections 1202 and 1203
    are in addition to the amounts otherwise authorized to be appropriated
    to the Department of Defense for fiscal year 1992 and for fiscal year
    1993 by any other provision of this Act or by any other Act enacted
    before the date of the enactment of this Act.''.
        \4\ Sec. 1201(a) of Public Law 102-190 (105 Stat. 1506) struck out
    ``fiscal year 1991'' each place it appeared in secs. 101 and 102, and
    inserted in lieu thereof ``fiscal years 1991 and 1992''.
        Subsequently, sec. 1201 of Public Law 102-484 (106 Stat. 2542)
    struck out ``fiscal years 1991 and 1992'' each place it appeared in
    secs. 101, 102(c) and 106, and inserted in lieu thereof ``fiscal years
    1991, 1992, and 1993''.
    ---------------------------------------------------------------------------
        (b) Use of Funds.--Amounts appropriated pursuant to
    subsection (a) shall be available only for--
              (1) transfer by the Secretary of Defense to fiscal
            years 1991, 1992, and 1993 \4\ appropriation accounts
            of the Department of Defense or Coast Guard for
            incremental costs associated with Operation Desert
            Storm; and
              (2) replenishment of the Persian Gulf Regional
            Defense Fund created under section 102.

    SEC. 102. PERSIAN GULF REGIONAL DEFENSE FUND \5\

        (a) Establishment of Account.--There is established in the
    Treasury of the United States a working capital account for the
    Department of Defense to be known as the ``Persian Gulf
    Regional Defense Fund''.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 1201(d)(1) of Public Law 102-190 (105 Stat. 1506) amended
    secs. 102 and 203(b) to read ``Persian Gulf Regional Defense Fund'' in
    lieu of ``Persian Gulf Conflict Working Capital Account'', each place
    it appeared.
        Sec. 1201(d)(2) of that Act made similar technical amendments in
    secs. 101(b)(2), 102(d), and 105(b)(4), by striking out `` working
    capital account'' each place it appeared and inserting in lieu thereof
    ``Persian Gulf Regional Defense Fund''.
        Public Law 102-368 (106 Stat. 1124) subsequently terminated the
    Persian Gulf Regional Defense Fund with the following:
    ---------------------------------------------------------------------------

    ``Persian Gulf Regional Defense Fund

    ``(rescission)
    ---------------------------------------------------------------------------

        ``Of the funds made available under this heading in the Operation
    Desert Shield/Desert Storm Supplemental Appropriations Act, 1991
    (Public Law 102-28; 105 Stat. 161), $14,696,040,000 is hereby
    rescinded: Provided, That the Persian Gulf Regional Defense Fund is
    hereby terminated.''.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--During fiscal years
    1991 and 1992,\4\ there is authorized to be appropriated to the
    Persian Gulf Regional Defense Fund \5\ the sum of
    $15,000,000,000.
        (c) Use of Funds.--Funds appropriated pursuant to
    subsection (b) shall be available only for transfer by the
    Secretary of Defense to fiscal years 1991, 1992, and 1993 \4\
    appropriation accounts of the Department of Defense or Coast
    Guard for the incremental costs associated with Operation
    Desert Storm. Such funds may be used for that purpose only to
    the extent that funds are not available in the Defense
    Cooperation Account for transfer for such incremental costs.
        (d) Replenishment of Account.--Amounts transferred from the
    Persian Gulf Regional Defense Fund \5\ shall be replenished
    from funds available in the Defense Cooperation Account to the
    extent that funds are available in the Defense Cooperation
    Account. Whenever the balance in the Persian Gulf Regional
    Defense Fund \5\ is less than the amount appropriated to that
    account pursuant to this section, the Secretary shall transfer
    from the Defense Cooperation Account such funds as become
    available to the account to replenish the Persian Gulf Regional
    Defense Fund \5\ before making any transfer of such funds under
    sections 101 and 102.
        (e) Reversion of Balance Upon Termination of Account.--Any
    balance in the Persian Gulf Regional Defense Fund \5\ at the
    time of the termination of the account shall revert to the
    general fund of the Treasury.

    SEC. 103. ADDITIONAL TRANSFER AUTHORITY

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

    SEC. 104. ADMINISTRATION OF TRANSFERS

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

    SEC. 105.\6\ NOTICE TO CONGRESS OF TRANSFERS

        (a) Notice-and-Wait.--A transfer may not be made under
    section 101 or 102 until the seventh day after the
    congressional defense committees receive a report with respect
    to that transfer under subsection (b).
    ---------------------------------------------------------------------------
        \6\ Sec. 1201(b) of Public Law 102-190 (105 Stat. 1506) made this
    section applicable only to appropriations provided in Public Law 102-
    28.
    ---------------------------------------------------------------------------
        (b) Content of Report.--A report under subsection (a) shall
    include the following:
              (1) A certification by the Secretary of Defense that
            the amount or amounts proposed to be transferred will
            be used only for incremental costs associated with
            Operation Desert Storm.
              (2) A statement of each account to which the transfer
            is proposed to be made and the amount proposed to be
            transferred to such account.
              (3) A description of the programs, projects, and
            activities for which funds proposed to be transferred
            are proposed to be used.
              (4) In the case of a transfer from the Persian Gulf
            Regional Defense Fund \5\ established under section
            102, an explanation of the reasons why funds are not
            available in the Defense Cooperation Account for such
            transfer.

    SEC. 106. MONTHLY REPORTS ON TRANSFERS

        Not later than seven days after the end of each month in
    fiscal years 1991, 1992, and 1993,\4\ the Secretary of Defense
    shall submit to the congressional defense committees and the
    Comptroller General of the United States a detailed report on
    the cumulative total amount of the transfers made under the
    authority of this title through the end of that month.

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

              * * * * * * *

    SEC. 203. AUTHORIZATION FROM DEFENSE COOPERATION ACCOUNT

        (a) Authorization.--In addition to authorizations under
    section 101, there is hereby authorized to be appropriated from
    the Defense Cooperation Account such sums as may be necessary
    for increases in military personnel costs for fiscal years 1991
    through 1995 resulting from the exercise of the authorities
    provided in section 201. Such increases in costs are
    incremental costs associated with Operation Desert Storm.
        (b) Use of Funds.--Funds appropriated to the Persian Gulf
    Regional Defense Fund \5\ pursuant to section 102(b) may be
    used for the purposes described in subsection (a) to the extent
    provided in section 102(c).
        (c) Reporting.--Funds obligated for the purposes described
    in subsection (a) shall be included in the reports required by
    section 106.

    SEC. 204. CONFORMING REPEAL

        Section 1117 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1637) \7\ is
    repealed.
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 115 note. Sec. 1117 of Public Law 101-510, relating
    to end strength flexibility, may be found at 104 Stat. 1637.
    ---------------------------------------------------------------------------
              * * * * * * *

     TITLE IV--REPORTS ON FOREIGN CONTRIBUTIONS AND THE COSTS OF OPERATION
                                DESERT STORM \8\

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

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

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

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

    SEC. 403. FORM OF REPORTS

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

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

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

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

                          TITLE VI--GENERAL PROVISIONS

              * * * * * * *

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

        (a) Findings.--The Congress finds as follows:
              (1) The Armed Forces of the United States, together
            with allied forces, have successfully liberated Kuwait
            and have restored the independence of that nation.
              (2) During the occupation of Kuwait by Iraq, much
            damage was done to the infrastructure, environment, and
            industrial capacity of Kuwait, and rebuilding of Kuwait
            is desperately needed.
              (3) The principal test of a nation's commitment to
            the liberation of Kuwait in the Persian Gulf conflict
            was its willingness to provide military forces for the
            liberation of Kuwait.
              (4) United States firms, including small and
            minority-owned businesses, have expressed a significant
            interest in participating in the rebuilding of Kuwait.
              (5) Small and minority-owned businesses face inherent
            difficulties in competing in foreign markets and in
            obtaining a share of contracts from foreign
            governments, particularly those contracts that are
            performed in distant parts of the world.
        (b) Sense of Congress Concerning Source Selection for
    Kuwait Contracts.--It is the sense of Congress that the Army
    Corps of Engineers and other Federal agencies should award
    contracts for the rebuilding of Kuwait, and, in recommending
    business firms to the Government of Kuwait for the award by it
    of such contracts, should encourage the Government of Kuwait to
    award such contracts, in accordance with the following
    priority:
              (1) First, to United States firms, including small
            and minority-owned businesses, that are committed to
            employing United States workers under the contract.
              (2) Second, to other United States firms.
              (3) Then, to firms from allied nations that committed
            military forces to the liberation of Kuwait during the
            Persian Gulf conflict.
        (c) Sense of Congress Concerning Selection of
    Subcontractors for Kuwait Contracts.--It is the sense of
    Congress that, when making recommendations to any contractor
    awarded a contract referred to in subsection (b) concerning the
    selection of firms for subcontracts under such contract, the
    Army Corps of Engineers shall encourage the contractor to
    select a firm or firms for the subcontract in accordance with
    the priority set out in subsection (b).
        (d) Sense of Congress Concerning Employees Under Kuwait
    Rebuilding Contracts.--It is the sense of Congress that any
    United States firm that receives a contract pertaining to the
    rebuilding of Kuwait--
              (1) should employ United States citizens to carry out
            the contract; and
              (2) should provide a preference to veterans of the
            Armed Forces in hiring for work on the contract.
        (e) Sense of Congress Concerning Small and Minority-Owned
    Business Participation in Kuwait Rebuilding Contracts.--It is
    the sense of Congress that--
              (1) the President, acting through the appropriate
            Government agencies (including particularly the
            agencies that will be engaged in source selections or
            source recommendations as described in subsection (b)),
            should take steps to provide assistance to United
            States small and minority-owned businesses seeking to
            be awarded contracts as part of the rebuilding of
            Kuwait;
              (2) the Administrator of the Small Business
            Administration and other appropriate Federal officials
            should conduct a public information campaign to advise
            small and minority-owned business firms with respect to
            contracts for the rebuilding of Kuwait; and
              (3) United States firms that are awarded contracts
            pertaining to the rebuilding of Kuwait should, to the
            maximum extent practicable, seek to award subcontracts
            for such contracts to United States small and minority-
            owned business firms.
        (f) \9\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \9\ Sec. 1021(c) of Public Law 104-66 (109 Stat. 707) repealed
    subsec. (f), which had required the President to report to Congress
    every four months on contracting for the rebuilding of Kuwait.
    ---------------------------------------------------------------------------

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

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

    SEC. 608.\10\ WITHHOLDING OF PAYMENTS TO INDIRECT-HIRE CIVILIAN
                        PERSONNEL OF NONPAYING PLEDGING NATIONS

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

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

    SEC. 801. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR OPERATING
                        EXPENSES

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

    SEC. 803. APPLICABILITY OF RECURRING GENERAL PROVISIONS

        The provisions contained in part B of title XXXI of the
    National Defense Authorization Act for Fiscal Year 1991 (Public
    Law 101-510; 104 Stat. 1829) shall apply with respect to the
    authorizations provided in this title in the same manner as
    such provisions apply with respect to the authorizations
    provided in title XXXI of such Act.
              * * * * * * *
                       (5) Iraq Sanctions Act of 1990 \1\

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

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1991, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1991, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                           iraq sanctions act of 1990

    SEC. 586. SHORT TITLE.

      Sections 586 through 586J of this Act may be cited as the
    ``Iraq Sanctions Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 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.''.
        Secs. 1503 and 1504 of the Emergency Wartime Supplemental
    Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), 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.
        ``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:
    Provided further, That the authorities contained in this section shall
    expire on September 30, 2004, or on the date of enactment of a
    subsequent Act authorizing assistance for Iraq and that specifically
    amends, repeals or otherwise makes inapplicable the authorities of this
    section, whichever occurs first.''.
    ---------------------------------------------------------------------------

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

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

    SEC. 586B. CONSULTATIONS WITH CONGRESS.

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

    SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

      (a) Continuation of Embargo.--Except as otherwise provided in
    this section, the President shall continue to impose the trade
    embargo and other economic sanctions with respect to Iraq and
    Kuwait that the United States is imposing, in response to
    Iraq's invasion of Kuwait, pursuant to Executive Orders
    Numbered 12724 and 12725 (August 9, 1990) and, to the extent
    they are still in effect, Executive Orders Numbered 12722 and
    12723 \2\ (August 2, 1990). Notwithstanding any other provision
    of law, no funds, credits, guarantees, or insurance
    appropriated or otherwise made available by this or any other
    Act for fiscal year 1991 or any fiscal year thereafter shall be
    used to support or administer any financial or commercial
    operation of any United States Government department, agency,
    or other entity, or of any person subject to the jurisdiction
    of the United States, for the benefit of the Government of
    Iraq, its agencies or instrumentalities, or any person working
    on behalf of the Government of Iraq, contrary to the trade
    embargo and other economic sanctions imposed in accordance with
    this section.
    ---------------------------------------------------------------------------
        \2\ Executive Orders 12723 and 12725, relating to Kuwait, were
    revoked by Executive Order 12771 of July 25, 1991 (56 F.R. 35993; July
    29, 1991). The national emergency with respect to Iraq detailed in
    Executive Orders 12722 and 12724 was extended by unnumbered notice on
    July 26, 1991 (56 F.R. 35995; July 29, 1991).
    ---------------------------------------------------------------------------
      (b) Humanitarian Assistance.--To the extent that transactions
    involving foodstuffs or payments for foodstuffs are exempted
    ``in humanitarian circumstances'' from the prohibitions
    established by the United States pursuant to United Nations
    Security Council Resolution 661 (1990), those exemptions shall
    be limited to foodstuffs that are to be provided consistent
    with United Nations Security Council Resolution 666 (1990) and
    other relevant Security Council resolutions.\3\
    ---------------------------------------------------------------------------
        \3\ United Nations Security Council Resolution 678, adopted
    November 29, 1990, recalled and reaffirmed the intentions of earlier
    U.N. resolutions relating to Iraq's invasion of Kuwait on August 2,
    1990. Earlier resolutions, in part: condemned the Iraqi invasion of
    Kuwait, demanded that Iraq withdraw immediately and unconditionally
    from Kuwait, called upon Iraq and Kuwait to begin negotiations for the
    resolution of their differences (Resolution 660 adopted August 2,
    1990); prevented trade relations between Iraq and U.N. Member States,
    or the import of any Iraqi or Kuwaiti products, and established a
    Committee of the Security Council to examine progress of this trade
    embargo (Resolution 661 adopted August 6, 1990); determined that the
    annexation of Kuwait by Iraq had no legal validity (Resolution 662 of
    August 9, 1990); demanded that Iraq facilitate and permit the immediate
    departure from Kuwait and Iraq of third country citizens (Resolution
    664 adopted August 18, 1990); called upon Member States to blockade
    maritime activity to the region (Resolution 665 adopted August 25,
    1990); considered an exemption of the trade embargo for foodstuffs to
    Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned
    Iraq's aggressions against international diplomatic premises and
    personnel in Kuwait (Resolution 667 adopted September 16, 1990);
    expanded responsibilities of the Committee established under Resolution
    661 (Resolution 669 adopted September 14, 1990); further defined the
    trade embargo to include air traffic, and called upon Member States to
    detain Iraqi ships in port (Resolution 670 adopted September 25, 1990);
    condemned the taking of third nation nationals hostage, and condemned
    the destruction of Kuwaiti property by Iraq (Resolution 674 adopted
    October 29, 1990); and condemned Iraqi attempts to alter the
    demographic composition of the Kuwaiti population (Resolution 677
    adopted November 28, 1990).
        Resolution 678, adopted by the U.N. Security Council on November
    29, 1990, in part:
        ``Demands that Iraq comply fully with resolutions 660 (1990) and
    all subsequent relevant resolutions, and decides, while maintaining all
    its decisions, to allow Iraq one final opportunity, as a pause of
    goodwill, to do so;
        ``Authorizes Member States cooperating with the Government of
    Kuwait, unless Iraq on or before 15 January 1991 fully implements, as
    set forth in paragraph 1 above, the foregoing resolutions, to use all
    necessary means to uphold and implement resolution 660 (1990) and all
    subsequent relevant resolutions and to restore international peace and
    security in the area;''.
    ---------------------------------------------------------------------------
      (c) Notice to Congress of Exceptions to and Termination of
    Sanctions.--
              (1) Notice of regulations.--Any regulations issued
            after the date of enactment of this Act with respect to
            the economic sanctions imposed with respect to Iraq and
            Kuwait by the United States under Executive Orders
            Numbered 12722 and 12723 (August 2, 1990) and Executive
            Orders Numbered 12724 and 12725 (August 9, 1990) \2\
            shall be submitted to the Congress before those
            regulations take effect.
              (2) Notice of termination of sanctions.--The
            President shall notify the Congress at least 15 days
            before the termination, in whole or in part, of any
            sanction imposed with respect to Iraq or Kuwait
            pursuant to those Executive orders.
      (d) Relation to Other Laws.--
              (1) Sanctions legislation.--The sanctions that are
            described in subsection (a) are in addition to, and not
            in lieu of the sanctions provided for in section 586G
            of this Act or any other provision of law.
              (2) National emergencies and united nations
            legislation.--Nothing in this section supersedes any
            provision of the National Emergencies Act or any
            authority of the President under the International
            Emergency Economic Powers Act or section 5(a) of the
            United Nations Participation Act of 1945.

    SEC. 586D.\4\ COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

      (a) Denial of Assistance.--None of the funds appropriated or
    otherwise made available pursuant to this Act to carry out the
    Foreign Assistance Act of 1961 (including title IV of chapter 2
    of part I, relating to the Overseas Private Investment
    Corporation) or the Arms Export Control Act may be used to
    provide assistance to any country that is not in compliance
    with the United Nations Security Council sanctions against Iraq
    unless the President determines and so certifies to the
    Congress that--
    ---------------------------------------------------------------------------
        \4\ In Presidential Determination No. 91-46 of July 13, 1991, the
    President invoked the authority of this section when he determined and
    certified ``that assistance for Jordan under chapter 4 of part II of
    the Foreign Assistance Act of 1961, as amended, and under section 23 of
    the Arms Export Control Act, is in the national interest of the United
    States.''. He further determined, by virtue of authority given in sec.
    502(c) of Public Law 102-27, that such assistance ``would be beneficial
    to the peace process in the Middle East'' (56 F.R. 33839; July 24,
    1991).
        In Presidential Determination No. 91-53 of September 16, 1991, the
    President made the same determinations regarding assistance for Jordan
    under chapter 5 of part II of the Foreign Assistance Act of 1961, as
    amended (56 F.R. 49837; October 2, 1991).
    ---------------------------------------------------------------------------
              (1) such assistance is in the national interest of
            the United States;
              (2) such assistance will directly benefit the needy
            people in that country; or
              (3) the assistance to be provided will be
            humanitarian assistance for foreign nationals who have
            fled Iraq and Kuwait.
      (b) Import Sanctions.--If the President considers that the
    taking of such action would promote the effectiveness of the
    economic sanctions of the United Nations and the United States
    imposed with respect to Iraq, and is consistent with the
    national interest, the President may prohibit, for such a
    period of time as he considers appropriate, the importation
    into the United States of any or all products of any foreign
    country that has not prohibited--
              (1) the importation of products of Iraq into its
            customs territory, and
              (2) the export of its products to Iraq.

    SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

      Notwithstanding section 206 of the International Emergency
    Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the
    United Nations Participation Act of 1945 \5\ (22 U.S.C.
    287c(b))--
    ---------------------------------------------------------------------------
        \5\ See Legislation on Foreign Relations Through 2005, vol. III;
    and Legislation on Foreign Relations Through 2005, vol. II,
    respectively.
    ---------------------------------------------------------------------------
              (1) a civil penalty of not to exceed $250,000 may be
            imposed on any person who, after the date of enactment
            of this Act, violates or evades or attempts to violate
            or evade Executive Order Numbered 12722, 12723, 12724,
            or 12725 \2\ or any license, order, or regulation
            issued under any such Executive order; and
              (2) whoever, after the date of enactment of this Act,
            willfully violates or evades or attempts to violate or
            evade Executive Order Numbered 12722, 12723, 12724, or
            12725 \2\ or any license, order, or regulation issued
            under any such Executive order--
                      (A) shall, upon conviction, be fined not more
                    than $1,000,000, if a person other than a
                    natural person; or
                      (B) if a natural person, shall, upon
                    conviction, be fined not more than $1,000,000,
                    be imprisoned for not more than 12 years, or
                    both.
    Any officer, director, or agent of any corporation who
    knowingly participates in a violation, evasion, or attempt
    described in paragraph (2) may be punished by imposition of the
    fine or imprisonment (or both) specified in subparagraph (B) of
    that paragraph.

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

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

    SEC. 586G. SANCTIONS AGAINST IRAQ.

      (a) \6\ Imposition.--Except as provided in section 586H, the
    following sanctions shall apply with respect to Iraq:
    ---------------------------------------------------------------------------
        \6\ Sec. 1603 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 106 Stat. 2752) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1603. application to iran of certain iraq sanctions.
    ---------------------------------------------------------------------------

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

    SEC. 586H. WAIVER AUTHORITY.

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

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

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

    SEC. 586J. REPORTS TO CONGRESS.

      (a) Study and Report on the International Export to Iraq of
    Nuclear, Biological, Chemical, and Ballistic Missile
    Technology.--(1) The President shall conduct a study on the
    sale, export, and third party transfer or development of
    nuclear, biological, chemical, and ballistic missile technology
    to or with Iraq including--
              (A) an identification of specific countries, as well
            as companies and individuals, both foreign and
            domestic, engaged in such sale or export of, nuclear,
            biological, chemical, and ballistic missile technology;
              (B) a detailed description and analysis of the
            international supply, information, support, and
            coproduction network, individual, corporate, and state,
            responsible for Iraq's current capability in the area
            of nuclear, biological, chemical, and ballistic missile
            technology; and
              (C) a recommendation of standards and procedures
            against which to measure and verify a decision of the
            Government of Iraq to terminate the development,
            production, coproduction, and deployment of nuclear,
            biological, chemical, and offensive ballistic missile
            technology as well as the destruction of all existing
            facilities associated with such technologies.
      (2) The President shall include in the study required by
    paragraph (1) specific recommendations on new mechanisms, to
    include, but not be limited to, legal, political, economic and
    regulatory, whereby the United States might contribute, in
    conjunction with its friends, allies, and the international
    community, to the management, control, or elimination of the
    threat of nuclear, biological, chemical, and ballistic missile
    proliferation.
      (3) Not later than March 30, 1991, the President shall submit
    to the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs \7\ of the House of
    Representatives, a report, in both classified and unclassified
    form, setting forth the findings of the study required by
    paragraph (1) of this subsection.
    ---------------------------------------------------------------------------
        \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (b) Study and Report on Iraq's Offensive Military
    Capability.--(1) The President shall conduct a study on Iraq's
    offensive military capability and its effect on the Middle East
    balance of power including an assessment of Iraq's power
    projection capability, the prospects for another sustained
    conflict with Iran, joint Iraqi-Jordanian military cooperation,
    the threat Iraq's arms transfer activities pose to United
    States allies in the Middle East, and the extension of Iraq's
    political-military influence into Africa and Latin America.
      (2) Not later than March 30, 1991, the President shall submit
    to the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and
    the Committee on Foreign Affairs \7\ of the House of
    Representatives, a report, in both classified and unclassified
    form, setting forth the findings of the study required by
    paragraph (1).
      (c) Report on Sanctions Taken by Other Nations Against
    Iraq.--(1) The President shall prepare a report on the steps
    taken by other nations, both before and after the August 2,
    1990, invasion of Kuwait, to curtail the export of goods,
    services, and technologies to Iraq which might contribute to,
    or enhance, Iraq's nuclear, biological, chemical, and ballistic
    missile capability.
      (2) The President shall provide a complete accounting of
    international compliance with each of the sanctions resolutions
    adopted by the United Nations Security Council against Iraq
    since August 2, 1990, and shall list, by name, each country
    which to his knowledge, has provided any assistance to Iraq and
    the amount and type of that assistance in violation of each
    United Nations resolution.\3\
      (3) The President shall make every effort to encourage other
    nations, in whatever forum or context, to adopt sanctions
    toward Iraq similar to those contained in this section.
      (4) Not later than every 6 months after the date of enactment
    of this Act, the President shall submit to the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate and the Committee on Appropriations and the Committee on
    Foreign Affairs \7\ of the House of Representatives, a report
    in both classified and unclassified form, setting forth the
    findings of the study required by paragraph (1) of this
    subsection.
              * * * * * * *
          b. Assistance to Eastern Europe and the Former Soviet Union

                       (1) Belarus Democracy Act of 2004

      Public Law 108-347 [H.R. 854], 118 Stat. 1383, approved October 20,
                                      2004

      AN ACT To provide for the promotion of democracy, human rights, and
     rule of law in the Republic of Belarus and for the consolidation and
             strengthening of Belarus sovereignty and independence.

        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 ``Belarus Democracy Act of
    2004''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5811 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

        Congress makes the following findings:
              (1) The United States supports the promotion of
            democracy, respect for human rights, and the rule of
            law in the Republic of Belarus consistent with its
            commitments as a participating state of the
            Organization for Security and Cooperation in Europe
            (OSCE).
              (2) The United States has a vital interest in the
            independence and sovereignty of the Republic of Belarus
            and its integration into the European community of
            democracies.
              (3) In November 1996, Lukashenka orchestrated an
            illegal and unconstitutional referendum that enabled
            him to impose a new constitution, abolish the duly-
            elected parliament, the 13th Supreme Soviet, install a
            largely powerless National Assembly, and extend his
            term of office to 2001.
              (4) Democratic forces in Belarus have organized
            peaceful demonstrations against the Lukashenka regime
            in cities and towns throughout Belarus which led to
            beatings, mass arrests, and extended incarcerations.
              (5) Victor Gonchar, Anatoly Krasovsky, and Yuri
            Zakharenka, who have been leaders and supporters of the
            democratic forces in Belarus, and Dmitry Zavadsky, a
            journalist known for his critical reporting in Belarus,
            have disappeared and are presumed dead.
              (6) Former Belarus Government officials have come
            forward with credible allegations and evidence that top
            officials of the Lukashenka regime were involved in the
            disappearances.
              (7) The Belarusian authorities have mounted a major
            systematic crackdown on civil society through the
            closure, harassment, and repression of nongovernmental
            organizations, and independent trade unions.
              (8) The Belarusian authorities actively suppress
            freedom of speech and expression, including engaging in
            systematic reprisals against independent media.
              (9) The Lukashenka regime has reversed the revival of
            Belarusian language and culture, including through the
            closure of the National Humanities Lyceum, the last
            remaining high school where classes were taught in the
            Belarusian language.
              (10) The Lukashenka regime harasses the autocephalic
            Belarusian Orthodox Church, the Roman Catholic Church,
            the Jewish community, the Hindu Lights of Kalyasa
            community, evangelical Protestant churches (such as
            Baptist and Pentecostal groups), and other minority
            religious groups.
              (11) The Law on Religious Freedom and Religious
            Organizations, passed by the National Assembly and
            signed by Lukashenka on October 31, 2002, establishes
            one of the most repressive legal regimes in the OSCE
            region, severely limiting religious freedom and placing
            excessively burdensome government controls on religious
            practice.
              (12) The parliamentary elections of October 15, 2000,
            and the presidential election of September 9, 2001,
            were determined to be fundamentally unfair and
            nondemocratic.
              (13) The Government of Belarus has made no
            substantive progress in addressing criteria established
            by the OSCE in 2000, ending repression and the climate
            of fear, permitting a functioning independent media,
            ensuring transparency of the elections process, and
            strengthening of the functions of parliament.

    SEC. 3.\1\ ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
                        BELARUS.

        (a) Purposes of Assistance.--The assistance under this
    section shall be available for the following purposes:
              (1) To assist the people of the Republic of Belarus
            in regaining their freedom and to enable them to join
            the European community of democracies.
              (2) To encourage free and fair presidential,
            parliamentary, and local elections in Belarus,
            conducted in a manner consistent with internationally
            accepted standards and under the supervision of
            internationally recognized observers.
              (3) To assist in restoring and strengthening
            institutions of democratic governance in Belarus.
        (b) Authorization for Assistance.--To carry out the
    purposes of subsection (a), the President is authorized to
    furnish assistance and other support for the activities
    described in subsection (c), to be provided primarily for
    indigenous Belarusian groups that are committed to the support
    of democratic processes.
        (c) Activities Supported.--Activities that may be supported
    by assistance under subsection (b) include--
              (1) the observation of elections and the promotion of
            free and fair electoral processes;
              (2) development of democratic political parties;
              (3) radio and television broadcasting to and within
            Belarus;
              (4) the development of nongovernmental organizations
            promoting democracy and supporting human rights;
              (5) the development of independent media working
            within Belarus and from locations outside the country
            and supported by nonstate-controlled printing
            facilities;
              (6) international exchanges and advanced professional
            training programs for leaders and members of the
            democratic forces in skill areas central to the
            development of civil society; and
              (7) other activities consistent with the purposes of
            this Act.
        (d) Authorization of Appropriations.--
              (1) In general.--There are authorized to be
            appropriated to the President to carry out this section
            such sums as may be necessary for each of the fiscal
            years 2005 and 2006.
              (2) Availability of funds.--Amounts appropriated
            pursuant to the authorization of appropriations under
            paragraph (1) are authorized to remain available until
            expended.

    SEC. 4.\1\ RADIO BROADCASTING TO BELARUS.

        (a) Purpose.--It is the purpose of this section to
    authorize increased support for United States Government and
    surrogate radio broadcasting to the Republic of Belarus that
    will facilitate the unhindered dissemination of information.
        (b) Authorization of Appropriations.--In addition to such
    sums as are otherwise authorized to be appropriated, there are
    authorized to be appropriated such sums as may be necessary for
    fiscal year 2005 and each subsequent fiscal year for radio
    broadcasting to the people of Belarus in languages spoken in
    Belarus.

    SEC. 5.\1\ SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS.

        (a) Sense of Congress.--It is the sense of Congress that
    the sanctions described in subsection (c) should apply with
    respect to the Republic of Belarus until the President
    determines and certifies to the appropriate congressional
    committees that the Government of Belarus has made significant
    progress in meeting the conditions described in subsection (b).
        (b) Conditions.--The conditions referred to in subsection
    (a) are the following:
              (1) The release of individuals in Belarus who have
            been jailed based on political or religious beliefs.
              (2) The withdrawal of politically motivated legal
            charges against all opposition figures and independent
            journalists in Belarus.
              (3) A full accounting of the disappearances of
            opposition leaders and journalists in Belarus,
            including Victor Gonchar, Anatoly Krasovsky, Yuri
            Zakharenka, and Dmitry Zavadsky, and the prosecution of
            those individuals who are responsible for their
            disappearances.
              (4) The cessation of all forms of harassment and
            repression against the independent media, independent
            trade unions, nongovernmental organizations, religious
            organizations (including their leadership and members),
            and the political opposition in Belarus.
              (5) The implementation of free and fair presidential
            and parliamentary elections in Belarus consistent with
            OSCE commitments.
        (c) Prohibition on Loans and Investment.--
              (1) United states government financing.--No loan,
            credit guarantee, insurance, financing, or other
            similar financial assistance should be extended by any
            agency of the United States Government (including the
            Export-Import Bank and the Overseas Private Investment
            Corporation) to the Government of Belarus, except with
            respect to the provision of humanitarian goods and
            agricultural or medical products.
              (2) Trade and development agency.--No funds available
            to the Trade and Development Agency should be available
            for activities of the Agency in or for Belarus.
        (d) Multilateral Financial Assistance.--It is further the
    sense of Congress that, in addition to the application of the
    sanctions described in subsection (c) to the Republic of
    Belarus (until the President determines and certifies to the
    appropriate congressional committees that the Government of
    Belarus has made significant progress in meeting the conditions
    described in subsection (b)), the Secretary of the Treasury
    should instruct the United States Executive Director of each
    international financial institution to which the United States
    is a member to use the voice and vote of the United States to
    oppose any extension by those institutions of any financial
    assistance (including any technical assistance or grant) of any
    kind to the Government of Belarus, except for loans and
    assistance that serve humanitarian needs.

    SEC. 6.\1\ MULTILATERAL COOPERATION.

        It is the sense of Congress that the President should
    continue to seek to coordinate with other countries,
    particularly European countries, a comprehensive, multilateral
    strategy to further the purposes of this Act, including, as
    appropriate, encouraging other countries to take measures with
    respect to the Republic of Belarus that are similar to measures
    described in this Act.

    SEC. 7.\1\  REPORT.

        (a) Report.--Not later than 90 days after the date of the
    enactment of this Act, and not later than 1 year thereafter,
    the President shall transmit to the appropriate congressional
    committees a report that describes, with respect to the
    preceding 12-month period, and to the extent practicable the
    following:
              (1) The sale or delivery of weapons or weapons-
            related technologies from the Republic of Belarus to
            any 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.
              (2) An identification of each country described in
            paragraph (1) and a detailed description of the weapons
            or weapons-related technologies involved in the sale.
              (3) An identification of the goods, services,
            credits, or other consideration received by Belarus in
            exchange for the weapons or weapons-related
            technologies.
              (4) The personal assets and wealth of Aleksandr
            Lukashenka and other senior leadership of the
            Government of Belarus.
        (b) Form.--A report transmitted pursuant to subsection (a)
    shall be in unclassified form but may contain a classified
    annex.

    SEC. 8.\1\ DECLARATION OF POLICY.

        Congress hereby--
              (1) calls upon the Lukashenka regime to cease its
            persecution of political opponents or independent
            journalists and to release those individuals who have
            been imprisoned for opposing his regime or for
            exercising their right to freedom of speech;
              (2) expresses its grave concern about the
            disappearance of Victor Gonchar, Anatoly Krasovsky,
            Yuri Zakharenko, and Dmitry Zavadsky and calls upon the
            Lukashenka regime to cooperate fully with the
            Belrussian civil initiative ``We Remember'' and to
            extend to this organization all necessary information
            to find out the truth about the disappearances;
              (3) calls upon the Lukashenka regime to cooperate
            fully with the Parliamentary Assembly of the Council of
            Europe (PACE) and its specially appointed
            representatives in matters regarding the resolution of
            the cases of the disappeared; and
              (4) commends the democratic opposition in Belarus for
            their commitment to participate in October 2004
            Parliamentary elections as a unified coalition and for
            their courage in the face of the repression of the
            Lukashenka regime in Belarus.

    SEC. 9.\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) OSCE.--The term ``OSCE'' means the Organization
            for Security and Cooperation in Europe.
              (3) Senior leadership of the government of belarus.--
            The term ``senior leadership of the Government of
            Belarus'' includes--
                      (A) the President, Prime Minister, Deputy
                    Prime Ministers, government ministers, Chairmen
                    of State Committees, and members of the
                    Presidential Administration of Belarus;
                      (B) any official of the Government of Belarus
                    who is personally and substantially involved in
                    the suppression of freedom in Belarus,
                    including judges and prosecutors; and
                      (C) any other individual determined by the
                    Secretary of State (or the Secretary's
                    designee) to be personally and substantially
                    involved in the formulation or execution of the
                    policies of the Lukashenka regime that are in
                    contradiction of internationally recognized
                    human rights standards.
                       (2) Russian Democracy Act of 2002

     Public Law 107-246 [H.R. 2121], 116 Stat. 1511, approved October 23,
                                      2002

    AN ACT To make available funds under the Foreign Assistance Act of 1961
     to expand democracy, good governance, and anti-corruption programs in
     the Russian Federation in order to promote and strengthen democratic
      government and civil society and independent media in that country.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Russian Democracy Act of
    2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2295 note.
    ---------------------------------------------------------------------------
              (1) Since the dissolution of the Soviet Union, the
            leadership of the Russian Federation has publicly
            committed itself to building--
                      (A) a society with democratic political
                    institutions and practices, the observance of
                    universally recognized standards of human
                    rights, and religious and press freedom; and
                      (B) a market economy based on internationally
                    accepted principles of transparency,
                    accountability, and the rule of law.
              (2) In order to facilitate this transition, the
            international community has provided multilateral and
            bilateral technical assistance, and the United States'
            contribution to these efforts has played an important
            role in developing new institutions built on democratic
            and liberal economic foundations and the rule of law.
              (3)(A) Since 1992, United States Government
            democratic reform programs and public diplomacy
            programs, including training, and small grants have
            provided access to and training in the use of the
            Internet, brought nearly 40,000 Russian citizens to the
            United States, and have led to the establishment of
            more than 65,000 nongovernmental organizations,
            thousands of independent local media outlets, despite
            governmental opposition, and numerous political
            parties.
              (B) These efforts contributed to the substantially
            free and fair Russian parliamentary elections in 1995
            and 1999.
              (4) The United States has assisted Russian efforts to
            replace its centrally planned, state-controlled economy
            with a market economy and helped create institutions
            and infrastructure for a market economy. Approximately
            two-thirds of the Russian Federation's gross domestic
            product is now generated by the private sector, and the
            United States recognized Russia as a market economy on
            June 7, 2002.
              (5)(A) The United States has fostered grassroots
            entrepreneurship in the Russian Federation by focusing
            United States economic assistance on small- and medium-
            sized businesses and by providing training, consulting
            services, and small loans to more than 250,000 Russian
            entrepreneurs.
              (B) There are now more than 900,000 small businesses
            in the Russian Federation, producing 12 to 15 percent,
            depending on the estimate, of the gross domestic
            product of the Russian Federation.
              (C) United States-funded programs have contributed to
            fighting corruption and financial crime, such as money
            laundering, by helping to--
                      (i) establish a commercial legal
                    infrastructure;
                      (ii) develop an independent judiciary;
                      (iii) support the drafting of a new criminal
                    code, civil code, and bankruptcy law;
                      (iv) develop a legal and regulatory framework
                    for the Russian Federation's equivalent of the
                    United States Securities and Exchange
                    Commission;
                      (v) support Russian law schools;
                      (vi) create legal aid clinics; and
                      (vii) bolster law-related activities of
                    nongovernmental organizations.
              (6) Because the capability of Russian democratic
            forces and the civil society to organize and defend
            democratic gains without international support is
            uncertain, and because the gradual integration of the
            Russian Federation into the global order of free-
            market, democratic nations would enhance Russian
            cooperation with the United States on a wide range of
            political, economic, and security issues, the success
            of democracy in Russia is in the national security
            interest of the United States, and the United States
            Government should develop a far-reaching and flexible
            strategy aimed at strengthening Russian society's
            support for democracy and a market economy,
            particularly by enhancing Russian democratic
            institutions and education, promoting the rule of law,
            and supporting Russia's independent media.
              (7) Since the tragic events of September 11, 2001,
            the Russian Federation has stood with the United States
            and the rest of the civilized world in the struggle
            against terrorism and has cooperated in the war in
            Afghanistan by sharing intelligence and through other
            means.
              (8) United States-Russia relations have improved,
            leading to a successful summit between President Bush
            and President Putin in May 2002, resulting in a
            ``Foundation for Cooperation''.
        (b) Purposes.--The purposes of this Act are--
              (1) to strengthen and advance institutions of
            democratic government and of free and independent
            media, and to sustain the development of an independent
            civil society in the Russian Federation based on
            religious and ethnic tolerance, internationally
            recognized human rights, and an internationally
            recognized rule of law; and
              (2) to focus United States foreign assistance
            programs on using local expertise and to give local
            organizations a greater role in designing and
            implementing such programs, while maintaining
            appropriate oversight and monitoring.

    SEC. 3.\2\ UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.

        (a) Sense of Congress.--It is the sense of Congress that
    the United States Government should--
              (1) recognize that a democratic and economically
            stable Russian Federation is inherently less
            confrontational and destabilizing in its foreign policy
            and therefore that the promotion of democracy in Russia
            is in the national security interests of the United
            States; and
              (2) continue and increase assistance to the
            democratic forces in the Russian Federation, including
            the independent media, regional administrations,
            democratic political parties, and nongovernmental
            organizations.
        (b) Statement of Policy.--It shall be the policy of the
    United States--
              (1) to facilitate Russia's integration into the
            Western community of nations, including supporting the
            establishment of a stable democracy and a market
            economy within the framework of the rule of law and
            respect for individual rights, including Russia's
            membership in the appropriate international
            institutions;
              (2) to engage the Government of the Russian
            Federation and Russian society in order to strengthen
            democratic reform and institutions, and to promote
            transparency and good governance in all aspects of
            society, including fair and honest business practices,
            accessible and open legal systems, freedom of religion,
            and respect for human rights;
              (3) to advance a dialogue among United States
            Government officials, private sector individuals, and
            representatives of the Government of the Russian
            Federation regarding Russia's integration into the
            Western community of nations;
              (4) to encourage United States Government officials
            and private sector individuals to meet regularly with
            democratic activists, human rights activists,
            representatives of the independent media,
            representatives of nongovernmental organizations, civic
            organizers, church officials, and reform-minded
            politicians from Moscow and all other regions of the
            Russian Federation;
              (5) to incorporate democratic reforms, the promotion
            of independent media, and economic reforms in a broader
            United States dialogue with the Government of the
            Russian Federation;
              (6) to encourage the Government of the Russian
            Federation to address, in a cooperative and transparent
            manner consistent with internationally recognized and
            accepted principles, cross-border issues, including the
            nonproliferation of weapons of mass destruction,
            environmental degradation, crime, trafficking, and
            corruption;
              (7) to consult with the Government of the Russian
            Federation and the Russian Parliament on the adoption
            of economic and social reforms necessary to sustain
            Russian economic growth and to ensure Russia's
            transition to a fully functioning market economy and
            membership in the World Trade Organization;
              (8) to persuade the Government of the Russian
            Federation to honor its commitments made to the
            Organization for Security and Cooperation in Europe
            (OSCE) at the November 1999 Istanbul Conference, and to
            conduct a genuine good neighbor policy toward the other
            independent states of the former Soviet Union in the
            spirit of internationally accepted principles of
            regional cooperation; and
              (9) to encourage the G-8 partners and international
            financial institutions, including the World Bank, the
            International Monetary Fund, and the European Bank for
            Reconstruction and Development, to develop financial
            safeguards and transparency practices in lending to the
            Russian Federation.

    SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. * * *

    SEC. 5.\2\ ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.

        (a) Assistance Programs.--In providing assistance to the
    Russian Federation under chapter 11 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President
    is authorized to--
              (1) work with the Government of the Russian
            Federation, the Duma, and representatives of the
            Russian Federation judiciary to help implement a
            revised and improved code of criminal procedure and
            other laws;
              (2) establish civic education programs relating to
            democracy, public policy, the rule of law, and the
            importance of independent media, including the
            establishment of ``American Centers'' and public policy
            schools at Russian universities and encourage
            cooperative programs with universities in the United
            States to offer courses through Internet-based off-site
            learning centers at Russian universities; and
              (3) support the Regional Initiatives (RI) program,
            which provides targeted assistance in those regions of
            the Russian Federation that have demonstrated a
            commitment to reform, democracy, and the rule of law,
            and which promotes the concept of such programs as a
            model for all regions of the Russian Federation.
        (b) Radio Free Europe/Radio Liberty and Voice of America.--
    RFE/RL, Incorporated, and the Voice of America should use new
    and innovative techniques, in cooperation with local
    independent media sources and using local languages as
    appropriate and as possible, to disseminate throughout the
    Russian Federation information relating to democracy, free-
    market economics, the rule of law, and human rights.

    SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA,
                        AND THE RULE OF LAW.

        Of the amounts made available to carry out the provision of
    chapter 11 of part I of the Foreign Assistance Act of 1961 (22
    U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal
    year 2003, $50,000,000 is authorized to be available for the
    activities authorized by paragraphs (2) and (3) of section 498
    of the Foreign Assistance Act of 1961, as amended by section
    4(a) of this Act.

    SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL
                        PEACE PRIZE WINNER ANDREI SAKHAROV.

        (a) Authorization.--The President is authorized, on such
    terms and conditions as the President determines to be
    appropriate, to make a grant to Brandeis University for an
    endowment for the Andrei Sakharov Archives and Human Rights
    Center for the purpose of collecting and preserving documents
    related to the life of Andrei Sakharov and the administration
    of such Center.
        (b) Funding.--There is authorized to be appropriated to the
    President to carry out subsection (a) not more than $1,500,000.

    SEC. 8. EXTENSION OF LAW.

        The provisions of section 108(c) of H.R. 3427, as enacted
    by section 1000(a)(7) of Public Law 106-113, shall apply to
    United States contributions for fiscal year 2003 to the
    organization described in section 108(c) of H.R. 3427.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 108(c) of H.R. 3427, enacted in Public Law 106-113 (113
    Stat. 1537-409), provided the following:
        ``(c) Restrictions on United States Voluntary Contributions To
    United Nations Development Program.--
    ---------------------------------------------------------------------------

      ``(1) Limitation.--Of the amounts made available under subsection (a) for
    each of the fiscal years 2000 and 2001 for United States voluntary
    contributions to the United Nations Development Program an amount equal to
    the amount the United Nations Development Program will spend in Burma
    during each fiscal year shall be withheld unless during such fiscal year
    the Secretary of State submits to the appropriate congressional committees
    the certification described in paragraph (2).

      ``(2) Certification.--The certification referred to in paragraph (1) is a
    certification by the Secretary of State that all programs and activities of
    the United Nations Development Program (including United Nations
    Development Program--Administered Funds) in Burma--

      ``(A) are focused on eliminating human suffering and addressing the needs
    of the poor;

      ``(B) are undertaken only through international or private voluntary
    organizations that have been deemed independent of the State Peace and
    Development Council (SPDC) (formerly known as the State Law and Order
    Restoration Council (SLORC)), after consultation with the leadership of the
    National League for Democracy and the leadership of the National Coalition
    Government of the Union of Burma;

      ``(C) provide no financial, political, or military benefit to the SPDC;
    and

      ``(D) are carried out only after consultation with the leadership of the
    National League for Democracy and the leadership of the National Coalition
    Government of the Union of Burma.''.
    (3) Act For Reform In Emerging New Democracies and Support and Help for
     Improved Partnership with Russia, Ukraine, and Other New Independent
                                     States

                                 FRIENDSHIP Act

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

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

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

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

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

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

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

    SECTION 1. SHORT TITLES.

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

    SEC. 2. TABLE OF CONTENTS.

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

    SEC. 3. DEFINITION.

        As used in this Act (including the amendments made by this
    Act), the terms ``independent states of the former Soviet
    Union'' and ``independent states'' have the meaning given those
    terms by section 3 of the Freedom for Russia and Emerging
    Eurasian Democracies and Open Markets Support Act of 1992 (22
    U.S.C. 5801).

                 TITLE I--POLICY OF FRIENDSHIP AND COOPERATION

    SEC. 101. STATEMENT OF PURPOSE.

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

    SEC. 102. FINDINGS.

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

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

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

                     TITLE II--TRADE AND BUSINESS RELATIONS

    SEC. 201. POLICY UNDER EXPORT ADMINISTRATION ACT.

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

                            TITLE IX--MISCELLANEOUS

              * * * * * * *

    SEC. 905.\1\ MONUMENT TO HONOR VICTIMS OF COMMUNISM.

        (a) Findings.--Congress finds that--
    ---------------------------------------------------------------------------
        \1\ Listed at 40 U.S.C. 8903 note. Sec. 326 of the Department of
    the Interior and Related Agencies Appropriations Act, 1999 (Public Law
    105-277; 112 Stat. 2681-291) provided the following:
        ``Sec. 326. Notwithstanding the provisions of section 1010(b) of
    the Commemorative Works Act (40 U.S.C. 1001 et seq.), the legislative
    authority for the international memorial to honor the victims of
    communism, authorized under section 905 of Public Law 103-199 (107
    Stat. 2331), shall expire December 17, 2007.''.
    ---------------------------------------------------------------------------
              (1) since 1917, the rulers of empires and
            international communism led by Vladimir I. Lenin and
            Mao Tse-tung have been responsible for the deaths of
            over 100,000,000 victims in an unprecedented imperial
            communist holocaust through conquests, revolutions,
            civil wars, purges, wars by proxy, and other violent
            means;
              (2) the imperialist regimes of international
            communism have brutally suppressed the human rights,
            national independence, religious liberty, intellectual
            freedom, and cultural life of the peoples of over 40
            captive nations;
              (3) there is a danger that the heroic sacrifices of
            the victims of communism may be forgotten as
            international communism and its imperial bases continue
            to collapse and crumble; and
              (4) the sacrifices of these victims should be
            permanently memorialized so that never again will
            nations and peoples allow so evil a tyranny to
            terrorize the world.
        (b) Authorization of Memorial.--
              (1) Authorization.--
                      (A) The National Captive Nations Committee,
                    Inc., is authorized to construct, maintain, and
                    operate in the District of Columbia an
                    appropriate international memorial to honor
                    victims of communism.
                      (B) The National Captive Nations Committee,
                    Inc., is encouraged to create an independent
                    entity for the purposes of constructing,
                    maintaining, and operating the memorial.
                      (C) Once created, this entity is encouraged
                    and authorized, to the maximum extent
                    practicable, to include as active participants
                    organizations representing all groups that have
                    suffered under communism.
              (2) Compliance with standards for commemorative
            works.--The design, location, inscription, and
            construction of the memorial authorized by paragraph
            (1) shall be subject to the requirements of the Act
            entitled ``An Act to provide standards for placement of
            commemorative works on certain Federal lands in the
            District of Columbia and its environs, and for other
            purposes'', approved November 14, 1986 (40 U.S.C. 1001
            et seq.).
        (c) Payment of Expenses.--The entity referred to in
    subsection (b)(1) shall be solely responsible for acceptance of
    contributions for, and payment of the expenses of, the
    establishment of the memorial. No Federal funds may be used to
    pay any expense of the establishment of the memorial.
        (d) Deposit of Excess Funds.--If, upon payment of all
    expenses of the establishment of the memorial, including the
    maintenance and preservation amount provided for in section
    8(b) of the Act entitled ``An Act to provide standards for
    placement of commemorative works on certain Federal lands in
    the District of Columbia and its environs, and for other
    purposes'', approved November 14, 1986 (40 U.S.C. 1008(b)), or
    upon expiration of the authority for the memorial under section
    10(b) of such Act (40 U.S.C. 4010(b)), there remains a balance
    of funds received for the establishment of the memorial, the
    entity referred to in subsection (b)(1) shall transmit the
    amount of the balance to the Secretary of the Treasury for
    deposit in the account provided for in section 8(b)(1) of such
    Act (40 U.S.C. 1008(b)(1)).
       (4) Freedom for Russia and Emerging Eurasian Democracies and Open
                          Markets Support Act of 1992

                              FREEDOM Support Act

    Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
        October 24, 1992; amended by Public Law 104-66 [Federal Reports
     Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved
     December 21, 1995; and by Public Law 105-277 [Department of Education
      Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-363, approved
                                October 21, 1998

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

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

    SECTION 1.\1\ SHORT TITLES.

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

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

                                                                        Page

    Sec. 1. Short titles..............................................    73
    Sec. 2. Table of contents.........................................    73
    Sec. 3. Definition of independent states..........................    74

                           TITLE I--GENERAL PROVISIONS

    Sec. 101. Findings................................................    74
    Sec. 102. Program coordination, implementation, and oversight.....    76
    Sec. 103. Report on overall assistance and economic cooperation
        strategy......................................................    77
    Sec. 104. Annual report...........................................    77

               TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

    Sec. 201. Support for economic and democratic development in the
        independent states............................................    79
    Sec. 202. Ineligibility for assistance of institutions withholding
        certain documents of United States nationals..................    79

                 TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

    Sec. 301. American Business Centers...............................    80
    Sec. 302. Business and Agriculture Advisory Council...............    82
    Sec. 303. Funding for export promotion activities and capital
        projects......................................................    82
    Sec. 304. Interagency working group on energy of the Trade
        Promotion Coordinating Committee..............................    83
    Sec. 306. Policy on combatting tied aid practices.................    83
    Sec. 307. Technical assistance for the Russian Far East...........    84
    Sec. 308. Funding for OPIC programs...............................    84

                          TITLE IV--THE DEMOCRACY CORPS

    Sec. 401. Authorization for establishment of the Democracy Corps..    84

        TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

    Sec. 501. Findings................................................    87
    Sec. 502. Eligibility.............................................    87
    Sec. 503. Nonproliferation and disarmament activities in the
        independent states............................................    88
    Sec. 504. Nonproliferation and disarmament fund...................    89
    Sec. 505. Limitations on defense conversion authorities...........    90
    Sec. 506. Soviet weapons destruction..............................    91
    Sec. 507. Waiver of certain provisions............................    91
    Sec. 508. Notice and reports to Congress..........................    92
    Sec. 509. International nonproliferation initiative...............    93
    Sec. 510. Report on special nuclear materials.....................    95
    Sec. 511. Research and development foundation.....................    95

                      TITLE VI--SPACE TRADE AND COOPERATION

    Sec. 601. Facilitating discussions regarding the acquisition of
        space hardware, technology, and services from the former
        Soviet Union..................................................    97
    Sec. 602. Office of Space Commerce................................    98
    Sec. 603. Report to Congress......................................    98
    Sec. 604. Definitions.............................................    98

                          TITLE VII--AGRICULTURAL TRADE

    Sec. 703. Assistance for private voluntary organizations..........    99
    Sec. 704. Distribution of aid to the independent states of the
        former Soviet Union...........................................    99
    Sec. 707. Direct credit sales.....................................    99

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

    Sec. 802. New diplomatic posts in the independent states..........   100
    Sec. 804. Certain positions at United States missions.............   100
    Sec. 805. International Development Law Institute.................   100
    Sec. 807. Exchanges and training and similar programs.............   100

                           TITLE IX--OTHER PROVISIONS

    Sec. 902. Johnson Act.............................................   102
    Sec. 903. Support for East European Democracy (SEED) Act..........   102
    Sec. 906. Eligibility of Baltic states for nonlethal defense
        articles......................................................   102
    Sec. 907. Restriction on assistance to Azerbaijan.................   103

                  TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

    Sec. 1004. Support for Macroeconomic Stabilization in the
        Independent States of the Former Soviet Union.................   104
    Sec. 1007. Report on Debt of the Former Soviet Union Held By
        Commercial Financial Institutions.............................   105
    Sec. 1009. Multilateral Investment Guarantees for the Independent
        States of the Former Soviet Union.............................   105

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

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

                          TITLE I--GENERAL PROVISIONS

    SEC. 101.\3\ FINDINGS.

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

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

        (a) Coordination.--The President shall designate, within
    the Department of State, a coordinator who shall be responsible
    for--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5812. See Executive Order 12884 of December 1, 1993
    (58 F.R. 64099; December 3, 1993), providing for the delegation of
    functions under the Freedom Support Act and related provisions in the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act.
        See also secs. 421-426 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 Russia and Ukrainian business
    management education.
    ---------------------------------------------------------------------------
              (1) designing an overall assistance and economic
            cooperation strategy for the independent states of the
            former Soviet Union;
              (2) ensuring program and policy coordination among
            agencies of the United States Government in carrying
            out the policies set forth in this Act (including the
            amendments made by this Act and chapter 12 of part I of
            the Foreign Assistance Act of 1961); \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 596(c) 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 ``this Act)'' and inserted in lieu thereof ``this Act and
    chapter 12 of part I of the Foreign Assistance Act of 1961)''.
    ---------------------------------------------------------------------------
              (3) pursuing coordination with other countries and
            international organizations with respect to assistance
            to independent states;
              (4) ensuring that United States assistance programs
            for the independent states are consistent with this Act
            (including the amendments made by this Act and chapter
            12 of part I of the Foreign Assistance Act of 1961);
            \5\
              (5) ensuring proper management, implementation, and
            oversight by agencies responsible for assistance
            programs for the independent states; and
              (6) resolving policy and program disputes among
            United States Government agencies with respect to
            United States assistance for the independent states.
        (b) Export Promotion Activities.--Consistent with
    subsection (a), coordination of activities related to the
    promotion of exports of United States goods and services to the
    independent states of the former Soviet Union shall continue to
    be primarily the responsibility of the Secretary of Commerce,
    in the Secretary's role as Chair of the Trade Promotion
    Coordination Committee.
        (c) International Economic Activities.--Consistent with
    subsection (a), coordination of activities relating to United
    States participation in international financial institutions
    and relating to organization of multilateral efforts aimed at
    currency stabilization, currency convertibility, debt
    reduction, and comprehensive economic reform programs shall
    continue to be primarily the responsibility of the Secretary of
    the Treasury, in the Secretary's role as Chair of the National
    Advisory Council on International Monetary and Financial
    Policies and as the United States Governor of the international
    financial institutions.
        (d) Accountability for Funds.--Any agency managing and
    implementing an assistance program for the independent states
    of the former Soviet Union shall be accountable for any funds
    made available to it for such program.

    SEC. 103.\6\ REPORT ON OVERALL ASSISTANCE AND ECONOMIC COOPERATION
                        STRATEGY.

        (a) Requirement for Submission.--As soon as practicable
    after the date of enactment of this Act, the coordinator
    designated pursuant to section 102(a) shall submit to the
    Congress a report on the overall assistance and economic
    cooperation strategy for the independent states of the former
    Soviet Union that is required to be developed pursuant to
    paragraph (1) of that section.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5813.
    ---------------------------------------------------------------------------
        (b) Assistance Plan.--The report submitted pursuant to
    subsection (a) shall include a plan specifying--
              (1) the amount of the funds authorized to be
            appropriated for fiscal year 1993 by chapter 11 of part
            I of the Foreign Assistance Act of 1961 proposed to be
            allocated for each of the categories of activities
            authorized by section 498 of that Act and to carry out
            section 301 of this Act (relating to American Business
            Centers), section 303 of this Act (relating to export
            promotion activities and capital projects), and title
            IV of this Act (relating to the Democracy Corps);
              (2) the amount of other funds made available for
            fiscal year 1993 to carry out the Foreign Assistance
            Act of 1961 proposed to be allocated for assistance
            under that Act for the independent states of the former
            Soviet Union; and
              (3) the amount of funds available for fiscal year
            1993 under the Foreign Assistance Act of 1961 that are
            proposed to be made to each agency to carry out
            activities for the independent states under that Act or
            this Act.

    SEC. 104.\7\ ANNUAL REPORT.

        Not later than January 31 of each year, the President shall
    submit to the Congress a report on United States assistance for
    the independent states of the former Soviet Union under this
    Act or other provisions of law. Each such report shall
    include--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 5814.
        In a January 29, 1993, memorandum for the Secretary of State, the
    President delegated the functions and authorities relating to the
    report required in this section to the Secretary of State, and further
    authorized their redelegation by the Secretary (Memorandum of January
    29, 1993; 58 F.R. 8201; February 12, 1993).
        Subsequently, in sec. 2(a) of Executive Order 12884 of December 1,
    1993 (58 F.R. 64099; December 3, 1993), the President delegated to the
    Coordinator (as established in sec. 102 of this Act) those functions
    conferred upon the President in sec. 104, further providing that ``the
    Coordinator is authorized to assign responsibility for particular
    aspects of the reports described in that section to the heads of
    appropriate agencies''.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2182),
    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.''.
    ---------------------------------------------------------------------------

        See also in that Act, in title II, para. on nonproliferation, anti-
    terrorism, demining and related programs; sec. 517, relating to the
    independent states of the former Soviet Union; sec. 531, relating to
    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 Assistance for the Independent
    States of the Former Soviet Union, see p. 92).
    ---------------------------------------------------------------------------
              (1) an assessment of the progress each independent
            state has made in meeting the standards set forth in
            section 498A of the Foreign Assistance Act of 1961,
            including a description of the steps each independent
            state has taken or is taking toward meeting those
            standards and a discussion of additional steps that
            each independent state could take to meet those
            standards;
              (2) a description of the United States assistance for
            each independent state that was provided during the
            preceding fiscal year, is planned for the current
            fiscal year, and is proposed for the coming fiscal
            year, specifying the extent to which such assistance
            for the preceding fiscal year and for current fiscal
            year has actually been delivered;
              (3) an assessment of the effectiveness of United
            States assistance in achieving its purposes; \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 596(d) 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 ``and'' at the end of para. (3), replaced the period at the
    end of para. (4) with ``; and'', and added a new para. (5).
    ---------------------------------------------------------------------------
              (4) an evaluation of the manner in which the
            ``notwithstanding'' authority provided in section
            498B(j)(1) of the Foreign Assistance Act of 1961, and
            the ``notwithstanding'' authority provided in any other
            provision of law with respect to assistance for the
            independent states, has been used and why the use of
            that authority was necessary; and \8\
              (5) \8\ with respect to the countries of the South
            Caucasus and Central Asia--
                      (A) an identification of the progress made by
                    the United States in accomplishing the policy
                    described in section 3 of the Silk Road
                    Strategy Act of 1999;
                      (B) an evaluation of the degree to which the
                    assistance authorized by chapter 12 of part I
                    of the Foreign Assistance Act of 1961 has
                    accomplished the purposes identified in that
                    chapter;
                      (C) a description of the progress being made
                    by the United States to resolve trade disputes
                    registered with and raised by the United States
                    embassies in each country, and to negotiate a
                    bilateral agreement relating to the protection
                    of United States direct investment in, and
                    other business interests with, each country;
                    and
                      (D) recommendations of any additional
                    initiatives that should be undertaken by the
                    United States to implement the policy and
                    purposes contained in the Silk Road Strategy
                    Act of 1999.

               TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

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

        Part I of the Foreign Assistance Act of 1961 is amended by
    adding after chapter 10 the following:
    ---------------------------------------------------------------------------
        \9\ Codified at 22 U.S.C. 2295-2295C. Incorporated into the Foreign
    Assistance Act of 1961 (Public Law 87-195) as secs. 498-498C. For text,
    see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

     ``chapter 11--support for the economic and democratic development of
         the independent states of the former soviet union * * *'' \9\

    SEC. 202.\10\ INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING
                        CERTAIN DOCUMENTS OF UNITED STATES NATIONALS.

        (a) Prohibition.--Except as provided in subsections (b) and
    (c), an agency, instrumentality, or other governmental entity
    of an independent state of the former Soviet Union shall not be
    eligible to receive assistance under chapter 11 of part I of
    the Foreign Assistance Act of 1961 if--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2295a note.
    ---------------------------------------------------------------------------
              (1) on the date of enactment of this Act, there is
            outstanding a final judgment by a court of competent
            jurisdiction in that independent state that that
            governmental entity is withholding unlawfully books or
            other documents of religious or historical significance
            that are the property of United States persons; and
              (2) within 90 days of a request by such United States
            persons, the Secretary of State determines that
            execution of the court's judgment is blocked as the
            result of extrajudicial causes such as any of the
            following:
                      (A) A declared refusal of the defendant to
                    comply.
                      (B) The unwillingness or failure of local
                    authorities to enforce compliance.
                      (C) The issuance of an administrative decree
                    nullifying a court's judgment or forbidding
                    compliance.
                      (D) The passage of legislation, after a
                    court's judgment, nullifying that judgment or
                    forbidding compliance with that judgment.
        (b) Exception for Humanitarian Assistance.--The prohibition
    contained in subsection (a) shall not apply to the provision of
    assistance to alleviate suffering resulting from a natural or
    man-made disaster.
        (c) Waiver Authority.--The Secretary of State may waive the
    application of subsection (a) whenever the Secretary finds
    that--
              (1) the court's judgment has been executed; or
              (2) it is important to the national interest of the
            United States to do so.
        (d) Report.--Nine months after the date of enactment of
    this Act, the Secretary of State shall report to the Speaker of
    the House of Representatives and the Chairman of the Committee
    on Foreign Relations of the Senate on the status of final
    judgments described in subsection (a)(1).
        (e) United States Person.--For purposes of this section,
    the term ``United States person'' means--
              (1) any citizen, national, or permanent resident
            alien of the United States; and
              (2) any corporation, partnership, or other juridical
            entity which is 50 percent or more beneficially owned
            by individuals described in paragraph (1).

                 TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

    SEC. 301.\11\ AMERICAN BUSINESS CENTERS.

        (a) Establishment.--The President is authorized and
    encouraged to establish American Business Centers in the
    independent states of the former Soviet Union receiving
    assistance under chapter 11 of part I of the Foreign Assistance
    Act of 1961 where the President determines that such centers
    can be cost-effective in promoting the objectives described in
    section 498 of that Act and United States economic interests
    and in establishing commercial partnerships between the people
    of the United States and the peoples of the independent states.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 5821. Sec. 2(b) 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 this Act) those functions conferred upon
    the President in sec. 301, ``insofar as it related to determinations
    and directives''.
        Sec. 3 of Executive Order 12884, as amended, however, ``delegated
    to the Secretary of State the functions conferred upon the President
    by:
    ---------------------------------------------------------------------------

      ``(a) sections 301(a) and 307 of the Act, except insofar as provided
    otherwise in section 2(b) of this order;''.
    ---------------------------------------------------------------------------

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

    SEC. 302.\12\ BUSINESS AND AGRICULTURE ADVISORY COUNCIL.

        (a) Establishment.--The President is authorized to
    establish an advisory council to be known as the Independent
    States Business and Agriculture Advisory Council (hereinafter
    in this section referred to as the ``Council'')--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 5822.
    ---------------------------------------------------------------------------
              (1) to consult with and advise the President
            periodically regarding programs of assistance for the
            independent states of the former Soviet Union; and
              (2) to evaluate, and consult periodically with the
            President regarding, the adequacy of bilateral and
            multilateral assistance programs that would facilitate
            exports by United States companies to, and investments
            by United States companies in, the independent states.
        (b) Membership.--The Council should consist of 15 members,
    appointed by the President, who are drawn from United States
    companies reflecting diverse businesses and perspectives that
    have experience and expertise in dealing with the independent
    states of the former Soviet Union. The President should
    designate one such member to serve as Chair of the Council.
    Five such members should be appointed upon the recommendation
    of the Speaker and the Minority Leader of the House of
    Representatives and 5 should be appointed upon the
    recommendation of the Majority Leader and Minority Leader of
    the Senate. Members of the Council shall receive no
    compensation from the United States Government by reason of
    their service on the Council.
        (c) Staff.--Upon request of the Chair of the Council, the
    head of any United States Government agency may detail, on a
    nonreimbursable basis, any of the personnel of such agency to
    the Council to assist the Council.

    SEC. 303.\13\ FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL
                        PROJECTS.

        (a) Allocation of A.I.D. Funds.--The President is
    encouraged to use a portion of the funds made available for the
    independent states of the former Soviet Union under chapter 11
    of part I of the Foreign Assistance Act of 1961--
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 5823.
    ---------------------------------------------------------------------------
              (1) to fund the export promotion, finance, and
            related activities carried out pursuant to subsection
            (b)(1), including activities relating to the export of
            intermediary goods; and
              (2) to fund capital projects, including projects for
            telecommunications, environmental cleanup, power
            production, and energy related projects.
        (b) Export Promotion, Finance, and Related Activities.--The
    Secretary of Commerce, as Chair of the Trade Promotion
    Coordination Committee, should, in conjunction with other
    members of that committee, design and implement programs to
    provide adequate commercial and technical assistance to United
    States businesses seeking markets in the independent states of
    the former Soviet Union, including the following:
              (1) Increasing the United States and Foreign
            Commercial Service presence in the independent states,
            in particular in the Russian Far Eastern cities of
            Vladivostok and Khabarovsk.
              (2) Preparing profiles of export opportunities for
            United States businesses in the independent states and
            providing other technical assistance.
              (3) Utilizing the Market Development Cooperator
            Program under section 2303 of the Export Enhancement
            Act of 1988 (15 U.S.C. 4723).
              (4) Developing programs specifically for the purpose
            of assisting small- and medium-sized businesses in
            entering commercial markets of the independent states.
            In carrying out this paragraph, the Secretary of
            Commerce, to the extent possible, should work directly
            with private sector organizations with proven
            experience in trade and economic relations with the
            independent states.
              (5) Supporting projects undertaken by the United
            States business community on the basis of partnership,
            joint venture, contractual, or other cooperative
            agreements with appropriate entities in the independent
            states.
              (6) Supporting export finance programs, feasibility
            studies, political risk insurance, and other related
            programs through increased funding and flexibility in
            the implementation of such programs.
              (7) Supporting the Business Information Service
            (BISNIS) and its related programs.

    SEC. 304.\14\ INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE
                        PROMOTION COORDINATING COMMITTEE.

        The Trade Promotion Coordinating Committee should utilize
    its interagency working group on energy to assist United States
    energy sector companies to develop a long-term strategy for
    penetrating the energy market in the independent states of the
    former Soviet Union. The working group should--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5824.
    ---------------------------------------------------------------------------
              (1) work with officials from the independent states
            in creating an environment conducive to United States
            energy investment;
              (2) help to coordinate assistance to United States
            companies involved with projects to clean up former
            Soviet nuclear weapons sites and commercial nuclear
            waste; and
              (3) work with representatives from United States
            business and industry involved with the energy sector
            to help facilitate the identification of business
            opportunities, including the promotion of oil, gas, and
            clean coal technology and products, energy efficiency,
            and the formation of joint ventures between United
            States companies and companies of the independent
            nations.
    ---------------------------------------------------------------------------
        \15\ Formerly at 22 U.S.C. 5825; repealed by sec. 1021(e) of Public
    Law 104-66 (109 Stat. 713). Sec. 305 required the Secretary of Commerce
    to report annually to Congress on implementation of this Act, on the
    programs of other industrialized nations establishing business in
    former Soviet Union, and on related trade and pricing practices of
    other OECD nations.
    ---------------------------------------------------------------------------

    SEC. 305.\15\ * * * [REPEALED--1995]

    SEC. 306.\16\ POLICY ON COMBATTING TIED AID PRACTICES.

        Should the Secretary of the Treasury determine that foreign
    countries are engaged in tied aid practices with respect to any
    of the independent states of the former Soviet Union that
    violate the 1991 Helsinki agreement of the Organization for
    Economic Cooperation and Development, the President should give
    priority attention to combatting such practices.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 5826.
    ---------------------------------------------------------------------------

    SEC. 307.\17\ TECHNICAL ASSISTANCE FOR THE RUSSIAN FAR EAST.

        (a) Authorization.--The President is authorized to provide
    technical assistance, through an American university in a
    region which received nonstop air service to and from the
    Russian Far East as of July 1, 1992, to facilitate the
    development of United States business opportunities, free
    markets, and democratic institutions in the Russian Far East.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 5827. Sec. 3(a) of Executive Order 12884 of December
    1, 1993 (58 F.R. 64099; December 3, 1993), as amended, delegated to the
    Secretary of State the functions conferred upon the President by sec.
    307. This delegation of authority is subject to the authority of the
    Coordinator (as established in sec. 102).
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated $2,000,000 to carry out subsection (a).

    SEC. 308.\18\ FUNDING FOR OPIC PROGRAMS.

        (a) Authority to Make Additional Funds Available.--Funds
    authorized to be appropriated for fiscal year 1993 to carry out
    chapter 11 of part I of the Foreign Assistance Act of 1961 may
    be made available to cover costs incurred by the Overseas
    Private Investment Corporation in carrying out programs with
    respect to the independent states of the former Soviet Union
    under title IV of chapter 2 of part I of that Act (22 U.S.C.
    2191 and following), in addition to amounts otherwise available
    for that purpose.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 5828.
    ---------------------------------------------------------------------------
        (b) Enactment of OPIC Authorization Act.--The authority of
    subsection (a) shall cease to be effective upon the enactment
    of the Overseas Private Investment Corporation Act Amendments
    Act of 1992.\19\
    ---------------------------------------------------------------------------
        \19\ The Overseas Private Investment Corporation Act Amendments Act
    of 1992 was incorporated into the Jobs Through Exports Act of 1992
    (Public Law 102-549; 106 Stat. 3651), and reauthorized OPIC in the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------

                         TITLE IV--THE DEMOCRACY CORPS

    SEC. 401.\20\ AUTHORIZATION FOR ESTABLISHMENT OF THE DEMOCRACY CORPS.

        (a) Establishment; Purpose.--The President is authorized to
    provide for the establishment of the Democracy Corps as a
    private nonprofit organization, incorporated in the District of
    Columbia, whose purpose shall be to maintain a presence in the
    independent states of the former Soviet Union as described in
    subsection (c).
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 5841.
    ---------------------------------------------------------------------------
        (b) Board of Directors.--The Board of Directors of the
    Democracy Corps shall have not more than 10 members, appointed
    by the President. Individuals appointed to the Board--
              (1) shall, individually or through the organizations
            they represent, have experience and expertise
            appropriate to carrying out the purpose of the
            Democracy Corps, including involvement either with
            activities of the type described in subsection (d) or
            in the independent states;
              (2) shall be United States citizens; and
              (3) may not be officers or employees of the United
            States Government or Members of Congress.
        (c) Grants to the Democracy Corps; Purpose.--The
    Administrator is authorized to make an annual grant to the
    Democracy Corps with the funds made available pursuant to this
    section. The purpose of such grants shall be to enable the
    Democracy Corps to maintain a presence in independent states of
    the former Soviet Union that will assist at the local level in
    the development of--
              (1) institutions of democratic governance (including
            judicial, electoral, legislative, and administrative
            processes), and
              (2) the nongovernmental organizations of a civil
            society (including charitable, educational, trade
            union, business, professional, voluntary, community,
            and other civic organizations),
    by mobilizing the expertise of the American people to provide
    practical assistance through ``on the ground'' person-to-person
    advice, technical assistance, and small grants to indigenous
    individuals and indigenous entities, in accordance with
    subsection (d).
        (d) Activities.--The Democracy Corps shall be required to
    carry out its purpose through the placement within the
    independent states of teams of United States citizens with
    appropriate expertise and knowledge. Under guidelines developed
    by the Board, these teams shall assist indigenous individuals
    and entities in the independent states that are involved in the
    development of the institutions and organizations referred to
    in paragraphs (1) and (2) of subsection (c) by--
              (1) providing advice and technical assistance;
              (2) making small grants (which in most cases should
            not exceed $5,000) to such individuals and entities to
            assist the development of those institutions and
            organizations;
              (3) identifying other sources of assistance; and
              (4) operating local centers to serve as information,
            logistical, and educational centers and otherwise
            encourage cooperation and effectiveness by those
            involved in the development of democratic institutions,
            a market-oriented economy, and a civil society in the
            independent states.
    These local centers may be designated as ``Democracy Houses''
    or given another appropriate appellation.
        (e) Grant Agreement.--Grants under this section shall be
    made pursuant to a grant agreement requiring the Democracy
    Corps to comply with the requirements specified in this section
    and with such other terms and conditions as the Administrator
    may require, which shall include requirements regarding
    consultation with the coordinator designated pursuant to
    section 102(a), conflicts of interest, and accountability for
    funds, including a requirement for annual independent audits.
        (f) Coordination.--The Democracy Corps shall be required
    to--
              (1) coordinate its activities pursuant to this
            section with the programs and activities of other
            entities operating in or providing assistance to the
            independent states of the former Soviet Union in
            support of the development of democratic institutions,
            a market-oriented economy, and a civil society; and
              (2) ensure that its activities pursuant to this
            section are designed to avoid duplication with
            activities carried out under other United States
            Government foreign assistance and international
            information, educational, cultural, and exchange
            programs.
        (g) Prohibition on Campaign Financing.--Funds made
    available to the Democracy Corps under this section may not be
    expended by the Democracy Corps, or any recipient of a grant
    from the Democracy Corps, to finance the campaigns of
    candidates for public office.
        (h) Freedom of Information.--
              (1) In general.--Notwithstanding the fact that the
            Democracy Corps is not an agency or establishment of
            the United States Government, the Democracy Corps shall
            be required to comply fully with all of the provisions
            of section 552 of title 5, United States Code.
              (2) Publication in federal register.--For purposes of
            complying pursuant to paragraph (1) with section
            552(a)(1) of title 5, the Democracy Corps shall make
            available to the Administrator such records and other
            information as the Administrator determines may be
            necessary for such purposes. The Administrator shall
            cause such records and other information to be
            published in the Federal Register.
              (3) AID review.--In the event that the Democracy
            Corps determines not to comply with a request for
            records under section 552 of title 5, the Democracy
            Corps shall submit a report to the Administrator
            explaining the reasons for not complying with such
            request. If the Administrator approves such
            determination, the Agency for International Development
            shall assume full responsibility, including financial
            responsibility, for defending the Democracy Corps in
            any litigation relating to such request. If the
            Administrator disapproves such determination, the
            Democracy Corps shall be required to comply with such
            request.
        (i) Annual Reports.--The Board shall be required to submit
    to the Administrator and the Congress, not later than January
    31 each year, a comprehensive report on the activities of the
    Democracy Corps. Each such report shall list each grant made by
    the Democracy Corps under subsection (d)(2) during the
    preceding fiscal year, specifying the grantee and the amount of
    the grant.
        (j) Authorization of Appropriations.--Of the amount
    authorized to be appropriated to carry out chapter 11 of part I
    of the Foreign Assistance Act of 1961, up to $15,000,000 for
    fiscal year 1993 are authorized to be appropriated for grants
    to the Democracy Corps under this section, in addition to
    amounts otherwise available for such purpose.
        (k) Sunset Provision.--Grants may not be made to the
    Democracy Corps under this section after the end of fiscal year
    1997.
        (l) Definitions.--As used in this section--
              (1) the term ``Administrator'' means the
            Administrator of the Agency for International
            Development; and
              (2) the term ``Board'' means the Board of Directors
            of the Democracy Corps.

       TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

    SEC. 501.\21\ FINDINGS.

        The Congress finds that it is in the national security
    interest of the United States--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 5851.
    ---------------------------------------------------------------------------
              (1) to facilitate, on a priority basis--
                      (A) the transportation, storage,
                    safeguarding, and destruction of nuclear and
                    other weapons of mass destruction of the
                    independent states of the former Soviet Union;
                      (B) the prevention of proliferation of
                    weapons of mass destruction and destabilizing
                    conventional weapons of the independent states,
                    and the establishment of verifiable safeguards
                    against the proliferation of such weapons;
                      (C) the prevention of diversion of weapons-
                    related scientific expertise of the former
                    Soviet Union to terrorist groups or third
                    countries; and
                      (D) other efforts designed to reduce the
                    military threat from the former Soviet Union;
              (2) to support the conversion of the massive defense-
            related industry and equipment of the independent
            states of the former Soviet Union for civilian purposes
            and uses; and
              (3) to expand military-to-military contacts between
            the United States and the independent states.

    SEC. 502.\22\ ELIGIBILITY.

        Funds may be obligated for a fiscal year for assistance or
    other programs or activities for an independent state of the
    former Soviet Union under sections 503 and 504 only if the
    President has certified to the Congress,\23\ during that fiscal
    year, that such independent state is committed to--
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 5852.
        In a memorandum of December 30, 1992, for the Secretaries of State
    and Defense, and the Director, OMB, the President delegated authority
    established in sec. 502 of the FREEDOM Support Act and in sec. 1412(d)
    of Public Law 102-484 to the Secretary of State. The President further
    delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-
    484, and in secs. 503 and 508 of the FREEDOM Support Act to the
    Secretary of Defense. That memorandum further provided that: ``The
    Secretary of Defense shall not exercise authority delegated * * * with
    respect to any former Soviet republic unless the Secretary of State has
    exercised his authority and performed the duty delegated * * * with
    respect to that former Soviet Republic. The Secretary of Defense shall
    not obligated funds in the exercise of authority delegated * * * unless
    the Director of the Office of Management and Budget has determined that
    expenditures during fiscal year 1993 pursuant to such obligation shall
    be counted against the defense category of discretionary spending
    limits for that fiscal year (as defined in section 601(a)(2) of the
    Congressional Budget Act of 1974) for purposes of Part C of the
    Balanced Budget and Emergency Deficit Control Act of 1985.''. (58 F.R.
    3193; January 8, 1993).
        \23\ On January 10, 2003, the President certified ``that waiving
    the restrictions contained in subsection (d) of section 1203 of the
    Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952), as amended,
    and the requirements contained in section 502 of the FREEDOM Support
    Act (22 U.S.C. 5852) during Fiscal Year 2003 with respect to the
    Russian Federation is important to the national security interests of
    the United States.'' (Presidential Determination No. 03-11; 68 F.R.
    2419). The President made similar determinations for FY 2004 for the
    Russian Federation (Presidential Determination No. 2004-08; November 7,
    2003; 68 F.R. 65383), and the Republic of Uzbekistan (Presidential
    Determination No. 2004-19; December 30, 2003; 69 F.R. 2479), and for FY
    2005 for the Russian Federation (Presidential Determination No. 2005-
    09; December 6, 2004; 69 F.R. 74933); and the Republic of Uzbekistan
    (Presidential Determination No. 2005-13; December 14, 2004; 70 F.R. 1).
    ---------------------------------------------------------------------------
              (1) making a substantial investment of its resources
            for dismantling or destroying such weapons of mass
            destruction, if that independent state has an
            obligation under a treaty or other agreement to destroy
            or dismantle any such weapons;
              (2) forgoing any military modernization program that
            exceeds legitimate defense requirements and forgoing
            the replacement of destroyed weapons of mass
            destruction;
              (3) forgoing any use in new nuclear weapons of
            fissionable or other components of destroyed nuclear
            weapons; and
              (4) facilitating United States verification of any
            weapons destruction carried out under section 503(a) or
            504(a) of this Act or section 212 of the Soviet Nuclear
            Threat Reduction Act of 1991 (title II of Public Law
            102-228; 22 U.S.C. 2551 note).\24\
    ---------------------------------------------------------------------------
        \24\ For the Soviet Nuclear Threat Reduction Act of 1991, see
    Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

    SEC. 503.\25\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE
                        INDEPENDENT STATES.

        (a) Authorization.--The President is authorized \26\ to
    promote bilateral and multilateral nonproliferation and
    disarmament activities--
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 5853. See also sec. 1138, transfer of funding for
    science and technology centers in the former Soviet Union, and sec.
    1139, research and exchange activities by science and technology
    centers, in 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
    (enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536).
        \26\ In a memorandum of December 30, 1992, for the Secretaries of
    State and Defense, and the Director, OMB, the President delegated
    authority established in sec. 502 of the FREEDOM Support Act and in
    sec. 1412(d) of Public Law 102-484 to the Secretary of State. The
    President further delegated authority in secs. 1412(a), 1431, and 1432
    of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support
    Act to the Secretary of Defense. That memorandum further provided that:
    ``The Secretary of Defense shall not exercise authority delegated * * *
    with respect to any former Soviet republic unless the Secretary of
    State has exercised his authority and performed the duty delegated * *
    * with respect to that former Soviet Republic. The Secretary of Defense
    shall not obligated funds in the exercise of authority delegated * * *
    unless the Director of the Office of Management and Budget has
    determined that expenditures during fiscal year 1993 pursuant to such
    obligation shall be counted against the defense category of
    discretionary spending limits for that fiscal year (as defined in
    section 601(a)(2) of the Congressional Budget Act of 1974) for purposes
    of Part C of the Balanced Budget and Emergency Deficit Control Act of
    1985.''. (58 F.R. 3193; January 8, 1993).
    ---------------------------------------------------------------------------
              (1) by supporting the dismantlement and destruction
            of nuclear, biological, and chemical weapons, their
            delivery systems, and conventional weapons of the
            independent states of the former Soviet Union;
              (2) by supporting bilateral and multilateral efforts
            to halt the proliferation of nuclear, biological, and
            chemical weapons, their delivery systems, related
            technologies, and other weapons of the independent
            states, including activities such as--
                      (A) the storage, transportation, and
                    safeguarding of such weapons, and
                      (B) the purchase, barter, or other
                    acquisition of such weapons or materials
                    derived from such weapons;
              (3) by establishing programs for safeguarding against
            the proliferation of nuclear, biological, chemical, and
            other weapons of the independent states;
              (4) by establishing programs for preventing diversion
            of weapons-related scientific and technical expertise
            of the independent states to terrorist groups or to
            third countries;
              (5) by establishing science and technology centers in
            the independent states for the purpose of engaging
            weapons scientists and engineers of the independent
            states (in particular those who were previously
            involved in the design and production of nuclear,
            biological, and chemical weapons) in productive,
            nonmilitary undertakings; and
              (6) by establishing programs for facilitating the
            conversion of military technologies and capabilities
            and defense industries of the former Soviet Union into
            civilian activities.
        (b) Funding Priorities.--Priority in carrying out this
    section shall be given to the activities described in
    paragraphs (1) through (5) of subsection (a).
        (c) Use of Defense Funds.--
              (1) Authorization.--In recognition of the direct
            contributions to the national security interests of the
            United States of the programs and activities authorized
            by subsection (a), the President is authorized to make
            available for use in carrying out those programs and
            activities, in addition to amounts otherwise available
            for such purposes, funds made available pursuant to
            sections 108 and 109 of Public Law 102-229 or under the
            amendments made by section 506(a) of this Act.\27\
    ---------------------------------------------------------------------------
        \27\ For title I of Public Law 102-229, see Legislation on Foreign
    Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------
              (2) Limitation.--Funds described in paragraph (1) may
            not be obligated for programs and activities under
            subsection (a) unless the Director of the Office of
            Management and Budget has determined that expenditures
            during fiscal year 1993 pursuant to such obligation
            shall be counted against the defense category of the
            discretionary spending limits for that fiscal year (as
            defined in section 601(a)(2) of the Congressional
            Budget Act of 1974) for purposes of part C of the
            Balanced Budget and Emergency Deficit Control Act of
            1985.

    SEC. 504.\28\ NONPROLIFERATION AND DISARMAMENT FUND.

        (a) Authorization.--The President is authorized to promote
    bilateral and multilateral nonproliferation and disarmament
    activities--
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 5854. Authorities and duties vested in the President
    under this section are delegated to the Secretary of State, in
    consultation with the Secretary of Defense and other appropriate
    agencies (Presidential memorandum of April 21, 1994; 59 F.R. 21619).
    Funds appropriated or otherwise made available for the Nonproliferation
    and Disarmament Fund are, furthermore, allocated to the Secretary of
    State, by the same memorandum.
    ---------------------------------------------------------------------------
              (1) by supporting the dismantlement and destruction
            of nuclear, biological, and chemical weapons, their
            delivery systems, and conventional weapons;
              (2) by supporting bilateral and multilateral efforts
            to halt the proliferation of nuclear, biological, and
            chemical weapons, their delivery systems, related
            technologies, and other weapons, including activities
            such as--
                      (A) the storage, transportation, and
                    safeguarding of such weapons, and
                      (B) the purchase, barter, or other
                    acquisition of such weapons or materials
                    derived from such weapons;
              (3) by establishing programs for safeguarding against
            the proliferation of nuclear, biological, chemical, and
            other weapons of the independent states of the former
            Soviet Union;
              (4) by establishing programs for preventing diversion
            of weapons-related scientific and technical expertise
            of the independent states to terrorist groups or to
            third countries;
              (5) by establishing science and technology centers in
            the independent states for the purpose of engaging
            weapons scientists and engineers of the independent
            states (in particular those who were previously
            involved in the design and production of nuclear,
            biological, and chemical weapons) in productive,
            nonmilitary undertakings; and
              (6) by establishing programs for facilitating the
            conversion of military technologies and capabilities
            and defense industries of the former Soviet Union into
            civilian activities.
        (b) Funding Priorities.--Priority in carrying out this
    section shall be given to the activities described in
    paragraphs (1) through (5) of subsection (a).
        (c) Use of Security Assistance Funds.--
              (1) Authorization.--In recognition of the direct
            contributions to the national security interests of the
            United States of the programs and activities authorized
            by subsection (a), the President is authorized to make
            available for use in carrying out those programs and
            activities, in addition to amounts otherwise available
            for such purposes, up to $100,000,000 of security
            assistance funds for fiscal year 1993.
              (2) Definition.--As used in paragraph (1), the term
            ``security assistance funds'' means funds made
            available for assistance under chapter 4 of part II of
            the Foreign Assistance Act of 1961 (relating to the
            Economic Support Fund) or assistance under section 23
            of the Arms Export Control Act (relating to the
            ``Foreign Military Financing Program'').
              (3) Exemption from certain restrictions.--Section
            531(e) of the Foreign Assistance Act of 1961, and any
            provision that corresponds to section 510 of the
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, 1991 (relating to the
            prohibition on financing exports of nuclear equipment,
            fuel, and technology), shall not apply with respect to
            funds used pursuant to this subsection.

    SEC. 505.\29\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.

        Notwithstanding any other provision of law (including any
    other provision of this Act), funds may not be obligated in any
    fiscal year for purposes of facilitating the conversion of
    military technologies and capabilities and defense industries
    of the former Soviet Union into civilian activities, as
    authorized by sections 503(a)(6) and 504(a)(6) or any other
    provision of law, unless the President has previously obligated
    in the same fiscal year an amount equal to or greater than that
    amount of funds for defense conversion and defense transition
    activities in the United States. For purposes of this section,
    the term ``defense conversion and defense transition activities
    in the United States'' means those United States Government
    funded programs whose primary purpose is to assist United
    States private sector defense workers, United States companies
    that manufacture or otherwise provide defense goods or
    services, or United States communities adversely affected by
    reductions in United States defense spending, such as programs
    funded through the Office of Economic Adjustment in the
    Department of Defense or through \30\ the Economic Development
    Administration.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 5855.
        \30\ Sec. 405(f)(20) of the Department of Education Appropriations
    Act, 1999 (title III of sec. 101(f) of Public Law 105-277 (112 Stat.
    2681-422) struck out ``, through the Defense Conversion Adjustment
    Program (as authorized by the Job Training Partnership Act), or
    through'' and inserted in lieu thereof ``or through''.
    ---------------------------------------------------------------------------

    SEC. 506.\31\ SOVIET WEAPONS DESTRUCTION.

        (a) \32\ Additional Funding.--
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 5856.
        \32\ Sec. 1421 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments
    identical to those in subsecs. (a) and (b).
    ---------------------------------------------------------------------------
              (1) Authorization amount.--Section 221(a) of the
            Soviet Nuclear Threat Reduction Act of 1991 (title II
            of Public Law 102-228; 22 U.S.C. 2551 note) is amended
            by striking out ``$400,000,000'' and inserting in lieu
            thereof ``$800,000,000''.
              (2) Authorization period.--Section 221(e) of such Act
            is amended--
                      (A) by inserting ``for fiscal year 1992 or
                    fiscal year 1993'' after ``under part B'';
                      (B) by inserting ``for that fiscal year''
                    after ``for that program''; and
                      (C) by striking out ``for fiscal year 1992''
                    and inserting in lieu thereof ``for that fiscal
                    year''.
        (b) \32\ Technical Revisions to Public Law 102-229.--Public
    Law 102-229 is amended--
              (1) in section 108 (105 Stat. 1708), by striking out
            ``contained in H.R. 3807, as passed the Senate on
            November 25, 1991'' and inserting in lieu thereof
            ``(title II of Public Law 102-228)''; and
              (2) in section 109 (105 Stat. 1708)--
                      (A) by striking out ``H.R. 3807, as passed
                    the Senate on November 25, 1991'' and inserting
                    in lieu thereof ``Public Law 102-228 (105 Stat.
                    1696)''; and
                      (B) by striking out ``of H.R. 3807''.
        (c) \32\ Avoidance of Duplicative Amendments.--The
    amendments made by this section shall not be effective if the
    National Defense Authorization Act for Fiscal Year 1993 enacts
    an amendment to section 221(a) of the Soviet Nuclear Threat
    Reduction Act of 1991 that authorizes the transfer of an amount
    that is the same or greater than the amount that is authorized
    by the amendment made by subsection (a)(1) of this section and
    enacts amendments identical to those in subsections (a)(2) and
    (b) of this section. If that Act enacts such amendments,
    sections 503 and 508 of this Act shall be deemed to apply with
    respect to the funds made available under such amendments.

    SEC. 507.\33\ WAIVER OF CERTAIN PROVISIONS.

        (a) In General.--Funds made available for fiscal year 1993
    under sections 503 and 504 to provide assistance or otherwise
    carry out programs and activities with respect to the
    independent states of the former Soviet Union under those
    sections may be used notwithstanding any other provision of
    law, other than the provisions cited in subsection (b).
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 5857.
    ---------------------------------------------------------------------------
        (b) Exceptions.--Subsection (a) does not apply with respect
    to--
              (1) this title; and
              (2) section 1341 of title 31, United States Code
            (commonly referred to as the ``Anti-Deficiency Act''),
            the Congressional Budget and Impoundment Control Act of
            1974, the Balanced Budget and Emergency Deficit Control
            Act of 1985, and the Budget Enforcement Act of 1990.

    SEC. 508.\34\ NOTICE AND REPORTS TO CONGRESS.

        (a) Notice of Proposed Obligations.--Not less than 15 days
    before obligating any funds under section 503 or 504 or the
    amendments made by section 506(a), the President shall transmit
    to the Speaker of the House of Representatives, the President
    Pro Tempore of the Senate, and the appropriate congressional
    committees a report on the proposed obligation. Each such
    report shall specify--\35\
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 5858.
        \35\ In a memorandum of December 30, 1992, for the Secretaries of
    State and Defense, and the Director, OMB, the President delegated
    authority established in sec. 502 of the FREEDOM Support Act and in
    sec. 1412(d) of Public Law 102-484 to the Secretary of State. The
    President further delegated authority in secs. 1412(a), 1431, and 1432
    of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support
    Act to the Secretary of Defense. That memorandum further provided that:
    ``The Secretary of Defense shall not exercise authority delegated * * *
    with respect to any former Soviet republic unless the Secretary of
    State has exercised his authority and performed the duty delegated * *
    * with respect to that former Soviet Republic. The Secretary of Defense
    shall not obligated funds in the exercise of authority delegated * * *
    unless the Director of the Office of Management and Budget has
    determined that expenditures during fiscal year 1993 pursuant to such
    obligation shall be counted against the defense category of
    discretionary spending limits for that fiscal year (as defined in
    section 601(a)(2) of the Congressional Budget Act of 1974) for purposes
    of Part C of the Balanced Budget and Emergency Deficit Control Act of
    1985.''. (58 F.R. 3193; January 8, 1993).
        In a memorandum of April 21, 1994 (59 F.R. 21619), authorities and
    duties vested in the President under this section as they relate to
    section 504 are delegated to the Secretary of State.
    ---------------------------------------------------------------------------
              (1) the account, budget activity, and particular
            program or programs from which the funds proposed to be
            obligated are to be derived and the amount of the
            proposed obligations; and
              (2) the activities and forms of assistance for which
            the President plans to obligate such funds.
        (b) Semiannual Report.--Not later than April 30, 1993, and
    not later than October 30, 1993, the President shall transmit
    to the Speaker of the House of Representatives, the President
    Pro Tempore of the Senate, and the appropriate congressional
    committees a report on the activities carried out under
    sections 503 and 504 and the amendments made by section 506(a).
    Each such report shall set forth, for the preceding 6-month
    period and cumulatively, the following:
              (1) The amounts expended for such activities and the
            purposes for which they were expended.
              (2) The source of the funds obligated for such
            activities, specified by program.
              (3) A description of the participation of all United
            States Government departments and agencies in such
            activities.
              (4) A description of the activities carried out and
            the forms of assistance provided.
              (5) Such other information as the President considers
            appropriate to fully inform the Congress concerning the
            operation of the programs and activities carried out
            under sections 503 and 504 and the amendments made by
            section 506(a).
        (c) Appropriate Congressional Committees.--As used in this
    section--
              (1) the term ``appropriate congressional committees''
            means--
                      (A) the Committee on Foreign Relations of the
                    Senate, the Committee on Foreign Affairs \36\
                    of the House of Representatives, and the
                    Committees on Appropriations of the House and
                    the Senate, wherever the account, budget
                    activity, or program is funded from
                    appropriations made under the international
                    affairs budget function (150);
    ---------------------------------------------------------------------------
        \36\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
                      (B) the Committees on Armed Services and the
                    Committees on Appropriations of the Senate and
                    the House of Representatives,\37\ wherever the
                    account, budget activity, or program is funded
                    from appropriations made under the national
                    defense budget function (050); and
    ---------------------------------------------------------------------------
        \37\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) the committee to which the specified activities
            of section 503(a) or 504(a) or subtitle B of the Soviet
            Nuclear Threat Reduction Act of 1991 \38\ (as the case
            may be), if the subject of separate legislation, would
            be referred, under the rules of the respective House of
            Congress.
    ---------------------------------------------------------------------------
        \38\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

    SEC. 509.\39\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

        (a) Assistance for International Nonproliferation
    Activities.--Subject to the limitations and requirements
    provided in this section, during fiscal year 1993 the Secretary
    of Defense, under the guidance of the President, may provide
    assistance to support international nonproliferation
    activities.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 5859.
    ---------------------------------------------------------------------------
        (b) Activities For Which Assistance May Be Provided.--
    Activities for which assistance may be provided under this
    section are activities such as the following:
              (1) Activities carried out by the International
            Atomic Energy Agency (IAEA) that are designed to ensure
            more effective safeguards against nuclear proliferation
            and more aggressive verification of compliance with the
            Treaty on the Non-Proliferation of Nuclear Weapons,
            done on July 1, 1968.
              (2) Activities of the On-Site Inspection Agency in
            support of the United Nations Special Commission on
            Iraq.
              (3) Collaborative international nuclear security and
            nuclear safety projects to combat the threat of nuclear
            theft, terrorism, or accidents, including joint
            emergency response exercises, technical assistance, and
            training.
              (4) Efforts to improve international cooperative
            monitoring of nuclear proliferation through joint
            technical projects and improved intelligence sharing.
        (c) Form of Assistance.--(1) Assistance under this section
    may include funds and in-kind contributions of supplies,
    equipment, personnel, training, and other forms of assistance.
        (2) Assistance under this section may be provided to
    international organizations in the form of funds only if the
    amount in the ``Contributions to International Organizations''
    account of the Department of State is insufficient or otherwise
    unavailable to meet the United States fair share of assessments
    for international nuclear nonproliferation activities.
        (3) No amount may be obligated for an expenditure under
    this section unless the Director of the Office of Management
    and Budget determines that the expenditure will be counted
    against the defense category of the discretionary spending
    limits for fiscal year 1993 (as defined in section 601(a)(2) of
    the Congressional Budget Act of 1974) for purposes of part C of
    the Balanced Budget and Emergency Deficit Control Act of 1985.
        (4) No assistance may be furnished under this section
    unless the Secretary of Defense determines and certifies to the
    Congress 30 days in advance that the provision of such
    assistance--
              (A) is in the national security interest of the
            United States; and
              (B) will not adversely affect the military
            preparedness of the United States.
        (5) The authority to provide assistance under this section
    in the form of funds may be exercised only to the extent and in
    the amounts provided in advance in appropriations Act.
        (d) Sources of Assistance.--(1) Funds provided as
    assistance under this section shall be derived from amounts
    made available to the Department of Defense for fiscal year
    1993 or from balances in working capital accounts of the
    Department of Defense.
        (2) Supplies and equipment provided as assistance under
    this section may be provided, by loan or donation, from
    existing stocks of the Department of Defense and the Department
    of Energy.
        (3) The total amount of the assistance provided in the form
    of funds under this section may not exceed $40,000,000. Of such
    amount, not more than $20,000,000 may be used for the
    activities of the On-Site Inspection agency in support of the
    United Nations Special Commission on Iraq.
        (4) Not less than 30 days before obligating any funds to
    provide assistance under this section, the Secretary of Defense
    shall transmit to the committees of Congress named in
    subsection (e)(2) a report on the proposed obligation. Each
    such report shall specify--
              (A) the account, budget activity, and particular
            program or programs from which the funds proposed to be
            obligated are to be derived and the amount of the
            proposed obligation; and
              (B) the activities and forms of assistance for which
            the Secretary of Defense plans to obligate the funds.
        (e) Quarterly Report.--(1) Not later than 30 days after the
    end of each quarter of fiscal year 1993, the Secretary of
    Defense shall transmit to the committees of Congress named in
    paragraph (2) a report of the activities to reduce the
    proliferation threat carried out under this section. Each
    report shall set forth (for the preceding quarter and
    cumulatively)--
              (A) the amounts spent for such activities and the
            purposes for which they were spent;
              (B) a description of the participation of the
            Department of Defense and the Department of Energy and
            the participation of other Government agencies in those
            activities; and
              (C) a description of the activities for which the
            funds were spent.
        (2) The committees of Congress to which reports under
    paragraph (1) and under subsection (d)(2) are to be transmitted
    are--
              (A) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Relations
            of the Senate; and
              (B) the Committee on Armed Services, the Committee on
            Appropriations, the Committee on Foreign Affairs, and
            the Committee on Energy and Commerce of the House of
            Representatives.\40\
    ---------------------------------------------------------------------------
        \40\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(4) of that
    Act similarly provided that reference to the Committee on Energy and
    Commerce shall be treated as referring to the Committee on Commerce,
    and sec. 1(a)(5) provided that reference to the Committee on Foreign
    Affairs shall be treated as referring to the Committee on International
    Relations. The Committee on National Security subsequently returned to
    the name ``Committee on Armed Services''; see sec. 1067 of Public Law
    106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (f) Avoidance of Duplicative Authorizations.--This section
    shall not apply if the National Defense Authorization Act for
    Fiscal Year 1993 enacts the same authorities and requirements
    as are contained in this section and authorizes the
    appropriation of the same (or a greater) amount to carry out
    such authorities.

    SEC. 510.\41\ REPORT ON SPECIAL NUCLEAR MATERIALS.

        Not later than 180 days after the date of enactment of this
    Act, the Secretary of State shall prepare, in consultation with
    the Secretary of Defense and the Secretary of Energy, and shall
    transmit to the Congress a report on the possible alternatives
    for the ultimate disposition of special nuclear materials of
    the former Soviet Union. This report shall include--
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 5860.
    ---------------------------------------------------------------------------
              (1) a cost-benefit analysis comparing (A) the
            relative merits of the indefinite storage and
            safeguarding of such materials in the independent
            states of the former Soviet Union and (B) its
            acquisition by the United States by purchase, barter,
            or other means;
              (2) a discussion of relevant issues such as the
            protection of United States uranium producers from
            dumping, the relative vulnerability of these stocks of
            special nuclear materials to illegal proliferation, and
            the potential electrical and other savings associated
            with their being made available in the fuel cycle in
            the United States; and
              (3) a discussion of how highly enriched uranium
            stocks could be diluted for reactor fuel.

    SEC. 511.\42\ RESEARCH AND DEVELOPMENT FOUNDATION.

        (a) Establishment.--The Director of the National Science
    Foundation (hereinafter in this section referred to as the
    ``Director'') is authorized to establish an endowed,
    nongovernmental, nonprofit foundation (hereinafter in this
    section referred to as the ``Foundation'') in consultation with
    the Director of the National Institute of Standards and
    Technology.
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 5861.
    ---------------------------------------------------------------------------
        (b) Purposes.--The purposes of the Foundation shall be the
    following:
              (1) To provide productive research and development
            opportunities within the independent states of the
            former Soviet Union that offer scientists and engineers
            alternatives to emigration and help prevent the
            dissolution of the technological infrastructure of the
            independent states.
              (2) To advance defense conversion by funding civilian
            collaborative research and development projects between
            scientists and engineers in the United States and in
            the independent states of the former Soviet Union.
              (3) To assist in the establishment of a market
            economy in the independent states of the former Soviet
            Union by promoting, identifying, and partially funding
            joint research, development, and demonstration ventures
            between United States businesses and scientists,
            engineers, and entrepreneurs in those independent
            states.
              (4) To provide a mechanism for scientists, engineers,
            and entrepreneurs in the independent states of the
            former Soviet Union to develop an understanding of
            commercial business practices by establishing linkages
            to United States scientists, engineers, and businesses.
              (5) To provide access for United States businesses to
            sophisticated new technologies, talented researchers,
            and potential new markets within the independent states
            of the former Soviet Union.
        (c) Functions.--In carrying out its purposes, the
    Foundation shall--
              (1) promote and support joint research and
            development projects for peaceful purposes between
            scientists and engineers in the United States and
            independent states of the former Soviet Union on
            subjects of mutual interest; and
              (2) seek to establish joint nondefense industrial
            research, development, and demonstration activities
            through private sector linkages which may involve
            participation by scientists and engineers in the
            university or academic sectors, and which shall include
            some contribution from industrial participants.
        (d) Funding.--
              (1) Use of certain department of defense funds.--(A)
            To the extent funds appropriated to carry out subtitle
            E of title XIV of the National Defense Authorization
            Act for Fiscal Year 1993 (relating to joint research
            and development programs with the independent states of
            the former Soviet Union) are otherwise available for
            such purpose, such funds may be made available to the
            Director for use by the Director in establishing the
            endowment of the Foundation and otherwise carrying out
            this section.
              (B) For each fiscal year after fiscal year 1993, not
            more than 50 percent of the funds made available to the
            Foundation by the United States Government may be funds
            appropriated in the national defense budget function
            (function 050).
              (2) Contribution to endowment by participating
            independent states.--As a condition of participation in
            the Foundation, an independent state of the former
            Soviet Union must make a minimum contribution to the
            endowment of the Foundation, as determined by the
            Director, which shall reflect the ability of the
            independent state to make a financial contribution and
            its expected level of participation in the Foundation's
            programs.
              (3) Debt conversions.--To the extent provided in
            advance by appropriations Acts, local currencies or
            other assets resulting from government-to-government
            debt conversions may be made available to the
            Foundation. For purposes of this paragraph, the term
            ``debt conversion'' means an agreement whereby a
            country's government-to-government or commercial
            external debt burden is exchanged by the holder for
            local currencies, policy commitments, other assets, or
            other economic activities, or for an equity interest in
            an enterprise theretofore owned by the debtor
            government.
              (4) Local currencies.--In addition to other uses
            provided by law, and subject to agreement with the
            foreign government, local currencies generated by
            United States assistance programs may be made available
            to the Foundation.
              (5) Investment of government assistance.--The
            Foundation may invest any revenue provided to it
            through United States Government assistance, and any
            interest earned on such investment may be used only for
            the purpose for which the assistance was provided.
              (6) Other funds from government and nongovernmental
            sources.--The Foundation may accept such other funds as
            may be provided to it by Government agencies or
            nongovernmental entities.

                     TITLE VI--SPACE TRADE AND COOPERATION

    SEC. 601.\43\ FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF
                        SPACE HARDWARE, TECHNOLOGY, AND SERVICES FROM THE
                        FORMER SOVIET UNION.

        (a) Expedited Review.--Any request for a license or other
    approval described in subsection (c) that is submitted to any
    United States Government agency by the National Aeronautics and
    Space Administration, any of its contractors, or any other
    person shall be considered on an expedited basis by that agency
    and any other agency involved in an applicable interagency
    review process.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 5871.
    ---------------------------------------------------------------------------
        (b) Notice to Congress if License Denied.--If any United
    States Government agency denies a request for a license or
    other approval described in subsection (c), that agency shall
    immediately notify the designated congressional committees.
    Each such notification shall include a statement of the reasons
    for the denial.
        (c) Description of Discussions.--This section applies to a
    request for any license or other approval that may be necessary
    to conduct discussions with an independent state of the former
    Soviet Union with respect to the possible acquisition of any
    space hardware, space technology, or space service for
    integration into--
              (1) United States space projects that have been
            approved by the Congress, or
              (2) commercial space ventures,
    including discussions relating to technical evaluation of such
    hardware, technology, or service.

    SEC. 602.\44\ OFFICE OF SPACE COMMERCE.

        (a) Trade Missions.--The Office of Space Commerce of the
    Department of Commerce is authorized and encouraged to conduct
    one or more trade missions to appropriate independent states of
    the former Soviet Union for the purpose of familiarizing United
    States aerospace industry representatives with space hardware,
    space technologies, and space services that may be available
    from the independent states, and with the business practices
    and overall business climate in the independent states.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 5872.
    ---------------------------------------------------------------------------
        (b) Monitoring Negotiations.--The Office of Space
    Commerce--
              (1) shall monitor the progress of any discussions
            described in section 601(c)(1) that are being
            conducted; and
              (2) shall advise the Administrator of the National
            Aeronautics and Space Administration as to the impact
            on United States industry of each potential acquisition
            of space hardware, space technology, or space services
            from the independent states of the former Soviet Union,
            specifically including any anticompetitive issues the
            Office may observe.

    SEC. 603.\45\ REPORT TO CONGRESS.

        Within one year after the date of enactment of this title,
    the President shall submit to the designated congressional
    committees a report describing--
    ---------------------------------------------------------------------------
        \45\ 22 U.S.C. 5873.
    ---------------------------------------------------------------------------
              (1) the opportunities for increased space-related
            trade with the independent states of the former Soviet
            Union;
              (2) a technology procurement plan for identifying and
            evaluating all unique space hardware, space technology,
            and space services available to the United States from
            the independent states;
              (3) specific space hardware, space technology, and
            space services that have been, or could be, the subject
            of discussions described in section 601(c);
              (4) the trade missions carried out pursuant to
            section 602(a), including the private participation in
            and the results of such missions;
              (5) any barriers, regulatory or practical, that
            inhibit space-related trade between the United States
            and independent states, including any such barriers in
            either the United States or the independent states; and
              (6) any anticompetitive issues raised during the
            course of negotiations, as observed pursuant to section
            602(b).

    SEC. 604.\46\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 5874.
    ---------------------------------------------------------------------------
              (1) the term ``contractor'' means a National
            Aeronautics and Space Administration contractor to the
            extent that the acquisition of space hardware, space
            technology, or space services from the independent
            states of the former Soviet Union may be relevant to
            the contractor's responsibilities under the contract;
            and
              (2) the term ``designated congressional committees''
            means the Committee on Science, Space, and Technology
            and the Committee on Foreign Affairs of the House of
            Representatives \47\ and the Committee on Commerce,
            Science, and Transportation and the Committee on
            Foreign Relations of the Senate.
    ---------------------------------------------------------------------------
        \47\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Sec. 1(a)(10)
    of that Act similarly provided that references to the Committee on
    Science, Space, and Technology shall be treated as referring to the
    Committee on Science.
    ---------------------------------------------------------------------------

                         TITLE VII--AGRICULTURAL TRADE

              * * * * * * *

    SEC. 703. ASSISTANCE FOR PRIVATE VOLUNTARY ORGANIZATIONS.

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

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

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

    SEC. 707. DIRECT CREDIT SALES.

        (a) * * *
        (b) * * *
        (c) * * *
        (d) \48\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 5621 note. Subsecs. (a) through (c) of this section
    amended the Agricultural Trade Act of 1978 at sec. 201 (7 U.S.C. 5621).
    Subsec. (d), struck out by sec. 276 of Public Law 104-127 (110 Stat.
    977) required that the Secretary of Agriculture issue final regulations
    to implement section 201 of the Agricultural Trade Act of 1978 not
    later than 30 days after the date of enactment of this Act.
    ---------------------------------------------------------------------------
              * * * * * * *

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

    SEC. 801.\49\ DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP PROGRAM. * * *
    ---------------------------------------------------------------------------

        \49\ Sec. 801 amended sec. 227 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note),
    relating to the Edmund S. Muskie Fellowship Program.
    ---------------------------------------------------------------------------

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

        There are authorized to be appropriated for ``new
    diplomatic posts'' for personnel, support, and other expenses,
    not otherwise provided for, for the Department of State and the
    United States Information Agency to establish and operate new
    diplomatic posts in the independent states of former Soviet
    Union, $25,000,000 for fiscal year 1993, which are authorized
    to remain available until September 30, 1994.
    ---------------------------------------------------------------------------
        \50\ Sec. 803 repealed subsecs. (f) and (g) of sec. 132 of the
    Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
    ---------------------------------------------------------------------------

    SEC. 803.\50\ OCCUPANCY OF NEW CHANCERY BUILDINGS. * * *

    SEC. 804. CERTAIN POSITIONS AT UNITED STATES MISSIONS.

        (a) \51\ Amendment.--* * *
    ---------------------------------------------------------------------------
        \51\ Sec. 804(a) amended the Omnibus Diplomatic Security and Anti-
    Terrorism Act of 1986 at sec. 1004(a). For text, see Legislation on
    Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------
        (b) \52\ Funding.--In addition to the funds made available
    pursuant to section 1005(c) of that Act, funds authorized to be
    appropriated by chapter 11 of part I of the Foreign Assistance
    Act of 1961 may be used in carrying out the amendment made by
    subsection (a) with respect to missions in the independent
    states of the former Soviet Union.
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 4903 note.
    ---------------------------------------------------------------------------

    SEC. 805.\53\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

        For purposes of the International Organizations Immunities
    Act (22 U.S.C. 288 and following), the International
    Development Law Institute shall be considered to be a public
    international organization in which the United States
    participates under the authority of an Act of Congress
    authorizing such participation.
    ---------------------------------------------------------------------------
        \53\ 22 U.S.C. 288j. For International Organizations Immunities Act
    (Public Law 79-291), see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

    SEC. 806.\54\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION
                        ACTIVITIES. * * *
    ---------------------------------------------------------------------------

        \54\ Sec. 806 amended the Foreign Relations Authorization Act,
    Fiscal Years 1990 and 1991 (104 Stat. 63), at sec. 301(c). For text,
    see Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

    SEC. 807.\55\ EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.

        (a) Funding for Exchanges and Training and Similar
    Programs.--
    ---------------------------------------------------------------------------
        \55\ 22 U.S.C. 2452 note.
    ---------------------------------------------------------------------------
              (1) Authorization of appropriations.--To carry out a
            broad spectrum of exchanges, and of training and
            similar programs to promote the objectives described in
            section 498 of the Foreign Assistance Act of 1961,
            between the United States and the independent states of
            the former Soviet Union, there are authorized to be
            appropriated for fiscal year 1993 (in addition to
            amounts otherwise available for such purposes) the
            following:
                      (A) $20,000,000 for exchange programs for
                    secondary school students.
                      (B) $30,000,000 for programs for participants
                    other than secondary school students, including
                    undergraduate and graduate students, farmers
                    and other agribusiness practitioners, and
                    participants in the exchanges carried out under
                    paragraph (2).
              (2) Local and regional self-government exchanges.--
            The Director of the United States Information Agency is
            authorized to use funds authorized to be appropriated
            by paragraph (1)(B) to conduct exchanges to provide
            technical assistance in local and regional self-
            government to the independent states.
              (3) Report on proposed funding allocations.--Within
            45 days after the date of the enactment of this Act,
            the coordinator designated pursuant to section 102(a)
            of this Act shall submit to the Congress a report
            specifying the amount of funds authorized to be
            appropriated by paragraph (1) that is proposed to be
            allocated for each category of program and for each
            Government agency.
              (4) Program administration.--
                      (A) USIA.--Educational, cultural, and any
                    other exchange programs carried out under this
                    subsection, including any such programs for
                    secondary school students, shall be
                    administered by the United States Information
                    Agency, and funds allocated for such programs
                    shall be transferred to that Agency.
                      (B) Other agencies.--Training and other non-
                    exchange programs carried out under this
                    subsection shall be administered by the Agency
                    for International Development or such other
                    Government agency as has experience and
                    expertise in carrying out such programs.
              (5) Administrative expenses.--Up to 5 percent of the
            funds made available to each Government agency under
            this subsection may be used by that agency for
            administrative expenses of program implementation.
        (b) Enhancement of USIA Educational and Cultural Exchange
    Programs.--In addition to amounts otherwise available for such
    purposes, there are authorized to be appropriated to the United
    States Information Agency for fiscal year 1993 for enhancement
    of existing educational and cultural exchange programs the
    following:
              (1) $9,950,000 for Fulbright Academic Exchange
            Programs.
              (2) $10,850,000 for other programs administered by
            the Bureau of Educational and Cultural Affairs.
        (c) \56\ Repeal.--Effective 6 months after the date of
    enactment of this Act, section 225 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, and the item
    relating to that section in the table of contents set forth in
    section 2 of that Act, are repealed.
    ---------------------------------------------------------------------------
        \56\ 22 U.S.C. 2452 note.
    ---------------------------------------------------------------------------
        (d) \57\ Agribusiness Exchanges.--
    ---------------------------------------------------------------------------
        \57\ Sec. 4 of Executive Order 12884 of December 1, 1993 (58 F.R.
    64099; December 3, 1993) delegated to the Secretary of Agriculture
    those functions conferred upon the President in sec. 807(d). This
    delegation of authority is subject to the authority of the Coordinator
    (as established in sec. 102).
    ---------------------------------------------------------------------------
              (1) Authorization.--The President is authorized to
            establish regional agribusiness offices at State
            universities and land grant colleges in the United
            States for the purpose of expanding exchanges between
            agribusiness practitioners in the United States and
            agribusiness practitioners in the independent states of
            the former Soviet Union.
              (2) Limitation on funding sources.--Funds authorized
            to be appropriated by this section or other provisions
            of this Act (including chapter 11 of part I of the
            Foreign Assistance Act of 1961) may not be used to
            carry out this subsection.

                           TITLE IX--OTHER PROVISIONS

              * * * * * * *

    SEC. 902.\58\ JOHNSON ACT.

        Section 955 of title 18, United States Code, shall not
    apply with respect to any obligations of the former Soviet
    Union, or any of the independent states of the former Soviet
    Union, or any political subdivision, organization, or
    association thereof.
    ---------------------------------------------------------------------------
        \58\ 18 U.S.C. 955 note. For text of the Johnson Act (Public Law
    80-772), see Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------

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

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

    SEC. 906.\59\ ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE
                        ARTICLES.

        (a) Eligibility.--Estonia, Latvia, and Lithuania shall each
    be eligible--
    ---------------------------------------------------------------------------
        \59\ 22 U.S.C. 2753 note.
    ---------------------------------------------------------------------------
              (1) to purchase, or to receive financing for the
            purchase of, nonlethal defense articles--
                      (A) under the Arms Export Control Act (22
                    U.S.C. 2751 et seq.), without regard to section
                    3(a)(1) of that Act, or
                      (B) under section 503 of the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2311),
                    without regard to the requirement in subsection
                    (a) of that section for a Presidential finding;
                    and
              (2) to receive nonlethal excess defense articles
            transferred under section 519 of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2321m), without regard to the
            restrictions in subsection (a) of that section.
        (b) Definitions.--As used in this section--
              (1) the term ``defense article'' has the same meaning
            given to that term in section 47(3) of the Arms Export
            Control Act (22 U.S.C. 2794(3)); and
              (2) the term ``excess defense article'' has the same
            meaning given to that term in section 644(g) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).

    SEC. 907.\60\ RESTRICTION ON ASSISTANCE TO AZERBAIJAN.

        United States assistance under this or any other Act (other
    than assistance under title V of this Act) may not be provided
    to the Government of Azerbaijan until the President determines,
    and so reports to the Congress, that the Government of
    Azerbaijan is taking demonstrable steps to cease all blockades
    and other offensive uses of force against Armenia and Nagorno-
    Karabakh.
    ---------------------------------------------------------------------------
        \60\ 22 U.S.C. 5812 note. Section 1(a)(1) of Executive Order 12884
    of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the
    Secretary of State those functions conferred upon the President in sec.
    907.
        Title II of the Kenneth M. Ludden Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2002 (Public Law
    107-115; 115 Stat. 2129), under assistance for the independent states
    of the former Soviet Union, provided the following:
        ``(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 or non-
    proliferation assistance;

      ``(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) 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--
    ---------------------------------------------------------------------------

      ``(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) The authority of paragraph (2) may only be exercised through
    December 31, 2002.
        ``(4) 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) The Committees on Appropriations shall be consulted prior to
    the provision of any assistance made available pursuant to paragraph
    (2).
        ``(6) 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.''.
    ---------------------------------------------------------------------------

        The President issued such a waiver, pursuant to subsec. (g)(2) of
    that Act, on January 25, 2002 (Presidential Determination No. 2002-06;
    67 F.R. 5921); on January 17, 2003 (Presidential Determination No.
    2003-12; 68 F.R. 3803); on December 30, 2003 (Presidential
    Determination No. 2004-18; 69 F.R. 2057); and on January 13, 2005
    (Presidential Determination No. 2005-18; 70 F.R. 3853).
        Previously, title I of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1999 (sec. 101(d) of Public
    Law 105-277; 112 Stat. 2681-152), provided the following:
    ---------------------------------------------------------------------------

    ``overseas private investment corporation

    ``noncredit account
    ---------------------------------------------------------------------------

        ``The Overseas Private Investment Corporation is authorized to
    make, without regard to fiscal year limitations, as provided by 31
    U.S.C. 9104, such expenditures and commitments within the limits of
    funds available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $32,500,000 of which not more than
    $27,500,000 may be made available until the Corporation reports to the
    Committees on Appropriations on measures taken to (1) establish sector
    specific investment funds; and (2) support regional investment
    initiatives in Georgia, Armenia and Azerbaijan through the Caucasus
    Fund: 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.''.
        \61\ 22 U.S.C. 5812 note.
    ---------------------------------------------------------------------------

                 TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

              Note.--Title X amended several Public Laws relating
            to international financial institutions. See
            International Financial Institutions in Legislation on
            Foreign Relations Through 2005, vol. III.

              * * * * * * *

    SEC. 1004.\61\ SUPPORT FOR MACROECONOMIC STABILIZATION IN THE
                        INDEPENDENT STATES OF THE FORMER SOVIET UNION.

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

    SEC. 1007.\62\ REPORT ON DEBT OF THE FORMER SOVIET UNION HELD BY
                        COMMERCIAL FINANCIAL INSTITUTIONS.

        The Secretary of the Treasury, using information available
    from the International Monetary Fund, the International Bank
    for Reconstruction and Development, and other appropriate
    international financial institutions, shall report to the
    Congress, not later than one year after the date of enactment
    of this Act, on the debt incurred by the former Soviet Union
    that is held by commercial financial institutions outside the
    independent states of the former Soviet Union that are
    obligated on such debt.
    ---------------------------------------------------------------------------
        \62\ 22 U.S.C. 5812 note.
    ---------------------------------------------------------------------------
              * * * * * * *

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

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

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

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

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

    SECTION 1.\2\ SHORT TITLE.

        This Act may be cited as the ``Conventional Forces in
    Europe Treaty Implementation Act of 1991''.
    ---------------------------------------------------------------------------
        \1\ See also Legislation on Foreign Relations Through 2005, vol.
    II.
        \2\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                 TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

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

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

    SEC. 302. REPORTING REQUIREMENTS.

        (a) Prior Notice.--Before any funds are transferred for the
    purposes authorized in section 301(b), the President shall
    notify the Committees on Armed Services and the Committees on
    Appropriations of the Senate and the House of Representatives
    \4\ of the account, budget activity, and particular program or
    programs from which the transfer is planned to be made and the
    amount of the transfer.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (b) Reports to the Congress.--Within ten days after
    directing the Secretary of Defense to transfer funds pursuant
    to section 301(b), the President shall provide a report to the
    Committees on Armed Services of the Senate and House of
    Representatives, the Committees on Appropriations of the Senate
    and House of Representatives, and the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of
    the House of Representatives.\5\ This report shall at a
    minimum, set forth--
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act similarly provided that references to the Committee on Foreign
    Affairs shall be treated as referring to the Committee on International
    Relations. The Committee on National Security subsequently returned to
    the name ``Committee on Armed Services''; see sec. 1067 of Public Law
    106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) the amount of funds transferred under this title,
            including the source of such funds;
              (2) the conditions which prompted the use of this
            authority;
              (3) the form and number of lift assets planned to be
            used to deliver assistance pursuant to this title;
              (4) the types and purpose of the cargo planned to be
            delivered pursuant to this title; and
              (5) the locations, organizations, and political
            institutions to which assistance is planned to be
            delivered pursuant to this title.
              * * * * * * *
      (6) Soviet-Eastern European Education and Training Programs in the
        Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved
     October 28, 1991; amended by Public Law 102-511 [FREEDOM Support Act;
    S. 2532], 106 Stat. 3320, approved October 24, 1992; and by Public Law
      105-277 [Foreign Relations Authorization Act, Fiscal Years 1998 and
          1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998

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

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

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

                    PART A--UNITED STATES INFORMATION AGENCY

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

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

               PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

    SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

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

    ``educational and cultural exchange programs
    ---------------------------------------------------------------------------

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

    ``educational and cultural exchange programs
    ---------------------------------------------------------------------------

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

    SEC. 225.\4\ * * * [REPEALED--1992]
    ---------------------------------------------------------------------------

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

    ``eastern europe student exchange endowment fund.
    ---------------------------------------------------------------------------

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

      ``(1) Appropriations and other available funds.--The Director shall
    transfer to the fund the amounts appropriated pursuant to the authority of
    subsection (f) to carry out the exchange program under this section.

      ``(2) Gifts.--(A) The Director is authorized to accept, use, and dispose
    of gifts of donations of services or property to carry out the provisions
    of this section.

      ``(B) Any sums received by the Director pursuant to subparagraph (A)
    shall be transferred to the fund.

      ``(3) In general.--The Director in investing the corpus and income of the
    fund, shall exercise the judgment and care, under the prevailing
    circumstances, which a person of prudence, discretion, and intelligence
    would exercise in the management of that person's own business affairs.

      ``(4) Special rule.--The fund corpus and income shall be invested in
    federally insured bank savings accounts or comparable interest bearing
    accounts, certificates of deposit, money market funds, mutual funds,
    obligations of the United States, or other low-risk instruments and
    securities.
    ---------------------------------------------------------------------------

        ``(c) Withdrawals and Expenditures.--The Director may withdraw or
    expend amounts from the fund for any expenses necessary to carry out
    the exchange program described in subsection (a).
        ``(d) Definitions.--For the purposes of this section--
    ---------------------------------------------------------------------------

      ``(1) the term `secondary school' has the same meaning given to such term
    by section 1471(21) of the Elementary and Secondary Education Act of 1965;
    and

      ``(2) the term `Director' means the Director of the United States
    Information Agency.
    ---------------------------------------------------------------------------

        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated $1,000,000 to carry out the provisions of this section.
    Funds appropriated pursuant to this subsection are authorized to be
    available until expended.''.
    ---------------------------------------------------------------------------

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

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

    SEC. 227.\5\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS
                        FROM THE INDEPENDENT STATES OF THE FORMER \6\
                        SOVIET UNION, LITHUANIA, LATVIA, AND ESTONIA.

      (a) Statement of Purpose.--The purpose of this section is to
    establish a scholarship program designed to bring students from
    the independent states of the former Soviet Union,\7\
    Lithuania, Latvia, and Estonia to the United States for study
    in the United States.
    ---------------------------------------------------------------------------
        \6\ Sec. 2413(b)(3) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-832), inserted ``independent states of the
    former'' in the section catchline.
        \7\ Sec. 2413(b)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-832), struck out ``Soviet Union'' each place it
    appears in subsecs. (a), (b), and (c)(5), and inserted in lieu thereof
    ``independent states of the former Soviet Union''.
    ---------------------------------------------------------------------------
      (b) Scholarship Program Authority.--Subject to the
    availability of appropriations under subsection (d), the
    President, acting through the United States Information Agency,
    shall provide scholarships (including partial assistance) for
    study at United States institutions of higher education
    together with private and public sector internships by
    nationals of the independent states of the former Soviet
    Union,\7\ Lithuania, Latvia, and Estonia who have completed
    their undergraduate education and would not otherwise have the
    opportunity to study in the United States due to financial
    limitations.
      (c) Guidelines.--The scholarship program under this section
    shall be carried out in accordance with the following
    guidelines:
              (1) Consistent with section 112(b) of the Mutual
            Educational and Cultural Exchange Act of 1961 (22
            U.S.C. 2460(b)), all programs created pursuant to this
            Act shall be nonpolitical and balanced, and shall be
            administered in keeping with the highest standards of
            academic integrity and cost-effectiveness.
              (2) The United States Information Agency shall design
            ways to identify promising students for study in the
            United States.
              (3) The United States Information Agency should
            develop and strictly implement specific financial need
            criteria. Scholarships under this Act may only be
            provided to students who meet the financial need
            criteria.
              (4) The program may utilize educational institutions
            in the United States, if necessary, to help
            participants acquire necessary skills to fully
            participate in professional training.
              (5) Each participant shall be selected on the basis
            of academic and leadership potential in the fields of
            business administration, journalism and communications,
            education administration, public policy, library and
            information science,\8\ economics, law, or public
            administration. Scholarship opportunities shall be
            limited to fields that are critical to economic reform
            and political development in the independent states of
            the former Soviet Union,\7\ Lithuania, Latvia, and
            Estonia, particularly business administration,
            journalism and communications, education
            administration, public policy, library and information
            science,\8\ economics, law, or public administration.
    ---------------------------------------------------------------------------
        \8\ Sec. 2413(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
    112 Stat. 2681-832), inserted ``journalism and communications,
    education administration, public policy, library and information
    science,'' after ``business administration''.
    ---------------------------------------------------------------------------
              (6) The program shall be flexible to include not only
            training and educational opportunities offered by
            universities in the United States, but to also support
            internships, education, and training in a professional
            setting.
              (7) The program shall be flexible with respect to the
            number of years of education financed, but in no case
            shall students be brought to the United States for less
            than one year.
              (8) Further allowance shall be made in the
            scholarship for the purchase of books and related
            educational material relevant to the program of study.
              (9) Further allowance shall be made to provide
            opportunities for professional, academic, and cultural
            enrichment for scholarship recipients.
              (10) The program shall, to the maximum extent
            practicable, offer equal opportunities for both male
            and female students to study in the United States.
              (11) The program shall, to the maximum extent
            practicable, offer equal opportunities for students
            from each of the independent states of the former
            Soviet Union,\9\ Lithuania, Latvia, and Estonia.
    ---------------------------------------------------------------------------
        \9\ Sec. 2413(b)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-832), struck out ``Soviet republics'' and
    inserted in lieu thereof ``independent states of the former Soviet
    Union''.
    ---------------------------------------------------------------------------
              (12) The United States Information Agency shall
            recommend to each student who receives a scholarship
            under this section that the student include in their
            course of study programs which emphasize the ideas,
            principles, and documents upon which the United States
            was founded.
      (d) Funding of Scholarships for Fiscal Year 1992 and Fiscal
    Year 1993.--There are authorized to be appropriated to the
    United States Information Agency $7,000,000 for fiscal year
    1992, and $7,000,000 for fiscal year 1993, to carry out this
    section.
      (e) Compliance With Congressional Budget Act.--Any authority
    provided by this section shall be effective only to the extent
    and in such amounts as are provided in advance in appropriation
    Acts.
        (f) \10\ Designation of Program and Scholarships.--
    ---------------------------------------------------------------------------
        \10\ Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3352) added subsec. (f).
    ---------------------------------------------------------------------------
              (1) The scholarship program established by this
            section shall be known as the ``Edmund S. Muskie
            Fellowship Program''.
              (2) Scholarships provided under this section shall be
            known as ``Muskie Fellowships''.
              * * * * * * *
                 (7) Eisenhower Exchange Fellowship Act of 1990

      Public Law 101-454 [S. 2017], 104 Stat. 1063, approved October 24,
     1990; amended by Public Law 104-72 [S. 1465], 109 Stat. 776, approved
       December 23, 1995; Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996; H.R. 1868],
     enacted by reference in sec. 301 of H.R. 2880, 110 Stat. 26, approved
    January 26, 1996, enacted again as Public Law 104-107 [H.R. 1868], 110
     Stat. 704, approved February 12, 1996; Public Law 104-134 [H.R. 3019;
    Omnibus Consolidated Rescissions and Appropriations Act of 1996, title
      I, sec. 101(a), title IV, Department of State and Related Agencies
     Appropriations Act, 1996], 110 Stat. 1321 at 1321-36, approved April
                                    26, 1996

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Eisenhower Exchange
    Fellowship Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 20 U.S.C. 5201 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ PURPOSES.

        The purposes of this Act are--
    ---------------------------------------------------------------------------
        \2\ 20 U.S.C. 5201. Sec. 1203 of the 2002 Supplemental
    Appropriations Act for Further Recovery From and Response To Terrorist
    Attacks on the United States (Public Law 107-206; 116 Stat. 888; 20
    U.S.C. 5207) provided the following:
        ``Sec. 1203. Notwithstanding any other provision of law, hereafter,
    for purposes of section 201(a) of the Federal Property and
    Administrative Services Act of 1949 (relating to Federal sources of
    supply, including lodging providers, airlines and other transportation
    providers), the Eisenhower Exchange Fellowship Program shall be deemed
    an executive agency for the purposes of carrying out the provisions of
    20 U.S.C. 5201, and the employees of and participants in the Eisenhower
    Exchange Fellowship Program shall be eligible to have access to such
    sources of supply on the same basis as employees of an executive agency
    have such access.''.
    ---------------------------------------------------------------------------
              (1) to provide a permanent endowment for the
            Eisenhower Exchange Fellowship Program;
              (2) to honor Dwight D. Eisenhower for his character,
            courage, and patriotism, and for his leadership based
            on moral integrity and trust;
              (3) to pay tribute to President Eisenhower's
            leadership in war and peace, through his diverse
            understanding of history, practical affairs, and the
            hearts of humankind;
              (4) to address America's need for the best possible
            higher education of its young talent for a competitive
            world which shares a common and endangered environment;
              (5) to advance the network of friendship and trust
            already established in President Eisenhower's name, so
            that it may continue to grow to the imminent challenges
            of the 21st century;
              (6) to complete Dwight David Eisenhower's crusade to
            liberate the people's \3\ of Europe from oppression;
    ---------------------------------------------------------------------------
        \3\ So in original. Should read peoples.
    ---------------------------------------------------------------------------
              (7) to deepen and expand relationships with European
            nations developing democracy and self-determination;
            and
              (8) to honor President Dwight D. Eisenhower on the
            occasion of the centennial of his birth through
            permanent endowment of an established fellowship
            program, the Eisenhower Exchange Fellowships, to
            increase educational opportunities for young leaders in
            preparation for and enhancement of their professional
            careers, and advancement of peace through international
            understanding.

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

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

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

        (a) Authorization of Funding.--For each fiscal year, there
    is authorized to be appropriated from the fund to Eisenhower
    Exchange Fellowships, Incorporated, the interest and earnings
    of the fund.
    ---------------------------------------------------------------------------
        \6\ 20 U.S.C. 5203.
    ---------------------------------------------------------------------------
        (b) Access to Books, Records, Etc. by General Accounting
    Office.\7\--The activities of Eisenhower Exchange Fellowships,
    Incorporated, may be audited by the General Accounting Office
    \7\ under such rules and regulations as may be prescribed by
    the Comptroller General of the United States. The
    representatives of the General Accounting Office \7\ shall have
    access to all books, accounts, records, reports, and files and
    all other papers, things, or property belonging to or in use by
    Eisenhower Exchange Fellowships, Incorporated, pertaining to
    such activities and necessary to facilitate the audit.
    ---------------------------------------------------------------------------
        \7\ 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. 5.\8\ AUTHORIZATION OF APPROPRIATIONS.

        To provide a permanent endowment for the Eisenhower
    Exchange Fellowship Program, there are authorized to be
    appropriated to the Eisenhower Exchange Fellowships Program
    Trust Fund--
    ---------------------------------------------------------------------------
        \8\ 20 U.S.C. 5204. The Department of State and Related Agency
    Appropriations Act, 2006 (title IV of Public Law 109-108; 119 Stat.
    2324), provided the following:
    ---------------------------------------------------------------------------

    ``eisenhower exchange fellowship program trust fund
    ---------------------------------------------------------------------------

        ``For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2006, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.''.
    ---------------------------------------------------------------------------
              (1) $2,500,000, or
              (2) the lesser of--
                      (A) $2,500,000, or
                      (B) an amount equal to contributions to
                    Eisenhower Exchange Fellowships, Incorporated,
                    from private sector sources during the 4-year
                    period beginning on the date of enactment of
                    this Act.

    SEC. 6.\9\ USE OF INCOME ON THE ENDOWMENT.

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

    SEC. 7.\11\ REPORT TO CONGRESS.

        For any fiscal year for which Eisenhower Exchange
    Fellowships, Incorporated, receive funds pursuant to section
    4(a) of this Act, Eisenhower Exchange Fellowships,
    Incorporated, shall prepare and transmit to the President and
    the Congress a report of its activities for such fiscal year.
    ---------------------------------------------------------------------------
        \11\ 20 U.S.C. 5206.
    ---------------------------------------------------------------------------

    SEC. 8.\12\ [REPEALED--1995]
    ---------------------------------------------------------------------------

        \12\ Sec. 1(a) of Public Law 104-72 (109 Stat. 776) repealed sec.
    8, which had extended the authority of USIA to implement an au pair
    program.
    ---------------------------------------------------------------------------
              * * * * * * *
                (8) Assistance to Eastern Europe and Yugoslavia

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

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

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

    SECTION 1. SHORT TITLE

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

                              TITLE I--PANAMA \1\

              * * * * * * *

                    TITLE II--EASTERN EUROPE AND YUGOSLAVIA

    SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.

        (a) Authority.--Notwithstanding any other provision of law,
    the President may use up to $10,000,000 of the funds
    appropriated for fiscal year 1990 to carry out chapter 4 of
    part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
    and following; relating to the economic support fund) to
    support the process of democratic transition in East European
    countries and Yugoslavia, in addition to amounts otherwise
    available for such purposes.
    ---------------------------------------------------------------------------
        \1\ Title I may be found at page 280.
    ---------------------------------------------------------------------------
        (b) Limitation.--Funds provided under this section shall be
    made available only--
              (1) after the President has certified to the Congress
            that the country where funds are being expended has
            had, or is scheduled to have, open and free multiparty
            national or regional elections; and
              (2) in such a manner so as to benefit substantially a
            full range of non-Communist political parties in the
            countries in which such funds are used.
           (9) Support for East European Democracy (SEED) Act of 1989

     Public Law 101-179 [H.R. 3402], 103 Stat. 1298, approved November 28,
    1989; amended by Public Law 102-511 [FREEDOM Support Act; S. 2532], 106
    Stat. 3320, approved October 24, 1992; Public Law 102-549 [Jobs Through
     Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved October 28,
      1992; Public Law 104-99 [Foreign Operations, Export Financing, and
       Related Programs Appropriations Act, 1996, H.R. 1868, enacted by
     reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 Stat. 26,
     approved January 26, 1996, enacted again as Public Law 104-107 [H.R.
     1868], 110 Stat. 704, approved February 12, 1996; Public Law 105-118
          [Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November
         26, 1997; and by Public Law 105-206 [Internal Revenue Service
       Restructuring and Reform Act of 1998; H.R. 2676], 112 Stat. 685,
                             approved July 22, 1998

    AN ACT To promote political democracy and economic pluralism in Poland
      and Hungary by assisting those nations during a critical period of
      transition and abetting the development in those nations of private
    business sectors, labor market reforms, and democratic institutions; to
     establish, through these steps, the framework for a composite program
                 of support for East European Democracy (SEED).

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

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

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

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

    Sec. 1. Short title and table of contents.........................   120
    Sec. 2. Support for East European Democracy (SEED) Program........   121
    Sec. 3. Scope of Authority........................................   125

                         TITLE I--STRUCTURAL ADJUSTMENT

    Sec. 101. Multilateral support for structural adjustment in Poland
        and Hungary...................................................   125
    Sec. 102. Stabilization assistance for Poland.....................   126
    Sec. 103. Agricultural assistance.................................   127
    Sec. 104. Debt-for-equity swaps and other special techniques......   128

                      TITLE II--PRIVATE SECTOR DEVELOPMENT

    Sec. 201. Enterprise Funds for Poland and Hungary.................   129
    Sec. 202. Labor market transition in Poland and Hungary...........   133
    Sec. 203. Technical training for private sector development in
        Poland and Hungary............................................   134
    Sec. 204. Peace Corps programs in Poland and Hungary..............   135
    Sec. 205. Use of Polish currency generated by agricultural
        assistance....................................................   135
    Sec. 206. United States policy of private financial support for
        Polish and Hungarian credit unions............................   136

                         TITLE III--TRADE AND INVESTMENT

    Sec. 301. Eligibility of Poland for Generalized System of
        Preferences...................................................   136
    Sec. 302. Overseas Private Investment Corporation programs for
        Poland and Hungary............................................   137
    Sec. 303. Export-Import Bank programs for Poland and Hungary......   137
    Sec. 304. Trade Credit Insurance Program for Poland...............   137
    Sec. 305. Trade and Development Agency \2\ activities for Poland
        and Hungary...................................................   138
    Sec. 306. Bilateral investment treaties with Poland and Hungary...   138
    Sec. 307. Certain Polish bonds not subject to Internal Revenue
        Code rules relating to below-market loans.....................   138

           TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

    Sec. 401. Educational and cultural exchanges and sister
        institutions programs with Poland and Hungary.................   138
    Sec. 402. Poland-Hungary scholarship partnership..................   139
    Sec. 403. Science and technology exchange with Poland and Hungary.   140

                       TITLE V--OTHER ASSISTANCE PROGRAMS

    Sec. 501. Assistance in support of democratic institutions in
        Poland and Hungary............................................   141
    Sec. 502. Environmental initiatives for Poland and Hungary........   141
    Sec. 503. Medical supplies, hospital equipment, and medical
        training for Poland...........................................   143

                    TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

    Sec. 601. Policy coordination of SEED Program.....................   143
    Sec. 602. SEED Information Center System..........................   143
    Sec. 603. Encouraging voluntary assistance for Poland and Hungary.   144
    Sec. 604. Economic and commercial officers at United States
        Embassies and missions in Poland and Hungary..................   144

                         TITLE VII--REPORTS TO CONGRESS

    Sec. 701. Report on initial steps taken by United States and on
        Poland's requirement for agricultural assistance..............   145
    Sec. 702. Report on confidence building measures by Poland and
        Hungary.......................................................   145
    Sec. 703. Report on environmental problems in Poland and Hungary..   145
    Sec. 704. Annual SEED Program report..............................   146
    Sec. 705. Reports on certain activities...........................   147
    Sec. 706. Notifications to Congress regarding assistance..........   147

                      TITLE VIII--MISCELLANEOUS PROVISIONS

    Sec. 801. Suspension of SEED assistance...........................   147
    Sec. 802. Declaration of the Republic of Hungary..................   147
    Sec. 803. Administrative expenses of the Agency for International
        Development...................................................   148
    Sec. 804. Relation of provisions of this Act to certain provisions
        of appropriations Acts........................................   148
    Sec. 805. Certain uses of excess foreign currencies...............   148

    SEC. 2.\3\ SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) PROGRAM.

      (a) SEED Program.--The United States shall implement,
    beginning in fiscal year 1990, a concerted Program of Support
    for East European Democracy (which may also be referred to as
    the ``SEED Program''). The SEED Program shall be comprised of
    diverse undertakings designed to provide cost-effective
    assistance to those countries of Eastern Europe that have taken
    substantive steps toward institutionalizing political democracy
    and economic pluralism.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5401. Title II of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2006 (Public Law
    109-102; 119 Stat. 2182), provided the following:
    ---------------------------------------------------------------------------

    ``assistance for eastern europe and the baltic states
    ---------------------------------------------------------------------------

        ``(a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 and the Support for East European
    Democracy (SEED) Act of 1989, $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.
        ``(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.''.
        See also sec. 534(k) of that Act, relating to the Middle East
    Foundation; and sec. 596, which stipulates that funds provided 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 that 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).
    ---------------------------------------------------------------------------
      (b) Objectives of SEED Assistance.--The President should
    ensure that the assistance provided to East European countries
    pursuant to this Act is designed--
              (1) to contribute to the development of democratic
            institutions and political pluralism characterized by--
                      (A) the establishment of fully democratic and
                    representative political systems based on free
                    and fair elections,
                      (B) effective recognition of fundamental
                    liberties and individual freedoms, including
                    freedom of speech, religion, and association,
                      (C) termination of all laws and regulations
                    which impede the operation of a free press and
                    the formation of political parties,
                      (D) creation of an independent judiciary, and
                      (E) establishment of non-partisan military,
                    security, and police forces;
              (2) to promote the development of a free market
            economic system characterized by--
                      (A) privatization of economic entities,
                      (B) establishment of full rights to acquire
                    and hold private property, including land and
                    the benefits of contractual relations,
                      (C) simplification of regulatory controls
                    regarding the establishment and operation of
                    businesses,
                      (D) dismantlement of all wage and price
                    controls,
                      (E) removal of trade restrictions, including
                    on both imports and exports,
                      (F) liberalization of investment and capital,
                    including the repatriation of profits by
                    foreign investors;
                      (G) tax policies which provide incentives for
                    economic activity and investment,
                      (H) establishment of rights to own and
                    operate private banks and other financial
                    service firms, as well as unrestricted access
                    to private sources of credit, and
                      (I) access to a market for stocks, bonds, and
                    other instruments through which individuals may
                    invest in the private sector; and
              (3) not to contribute any substantial benefit--
                      (A) to Communist or other political parties
                    or organizations which are not committed to
                    respect for the democratic process, or
                      (B) to the defense or security forces of any
                    member country of the Warsaw Pact.
      (c) SEED Actions.--Assistance and other activities under the
    SEED Program (which may be referred to as ``SEED Actions'')
    shall include activities such as the following:
              (1) Leadership in the world bank and international
            monetary fund.--United States leadership in
            supporting--
                      (A) loans by the International Bank for
                    Reconstruction and Development and its
                    affiliated institutions in the World Bank group
                    that are designed to modernize industry,
                    agriculture, and infrastructure, and
                      (B) International Monetary Fund programs
                    designed to stimulate sound economic growth.
              (2) Currency stabilization loans.--United States
            leadership in supporting multilateral agreement to
            provide government-to-government loans for currency
            stabilization where such loans can reduce inflation and
            thereby foster conditions necessary for the effective
            implementation of economic reforms.
              (3) Debt reduction and rescheduling.--Participation
            in multilateral activities aimed at reducing and
            rescheduling a country's international debt, when
            reduction and deferral of debt payments can assist the
            process of political and economic transition.
              (4) Agricultural assistance.--Assistance through the
            grant and concessional sale of food and other
            agricultural commodities and products when such
            assistance can ease critical shortages but not inhibit
            agricultural production and marketing in the recipient
            country.
              (5) Enterprise funds.--Grants to support private,
            nonprofit ``Enterprise Funds'', designated by the
            President pursuant to law and governed by a Board of
            Directors, which undertake loans, grants, equity
            investments, feasibility studies, technical assistance,
            training, and other forms of assistance to private
            enterprise activities in the Eastern European country
            for which the Enterprise Fund so is designated.
              (6) Labor market-oriented technical assistance.--
            Technical assistance programs directed at promoting
            labor market reforms and facilitating economic
            adjustment.
              (7) Technical training.--Programs to provide
            technical skills to assist in the development of a
            market economy.
              (8) Peace corps.--Establishment of Peace Corps
            programs.
              (9) Support for indigenous credit unions.--Support
            for the establishment of indigenous credit unions.
              (10) Generalized system of preferences.--Eligibility
            for trade benefits under the Generalized System of
            Preferences.
              (11) \4\ Normal trade relations.--The granting of
            temporary or permanent nondiscriminatory treatment \5\
            to the products of an East European country through the
            application of the criteria and procedures established
            by section 402 of the Trade Act of 1974 (19 U.S.C.
            2432; commonly referred to as the ``Jackson-Vanik
            amendment'').\6\
    ---------------------------------------------------------------------------
        \4\ Sec. 5003(b)(6)(B) of Public Law 105-206 (112 Stat. 790) struck
    out ``Most favored nation trade status'' and inserted in lieu thereof
    ``Normal trade relations''.
        \5\ Sec. 5003(b)(6)(A) of Public Law 105-206 (112 Stat. 790) struck
    out ``(commonly referred to as `most favored nation status')'' after
    ``permanent nondiscriminatory treatment''.
        \6\ See Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
              (12) Overseas private investment corporation.--
            Programs of the Overseas Private Investment
            Corporation.
              (13) Export-import bank programs.--Programs of the
            Export-Import Bank of the United States.
              (14) Trade and development agency \7\ activities.--
            Trade and Development Agency \7\ activities under the
            Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \7\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided
    that any reference in any law to the Trade and Development Program
    shall be deemed to be a reference to the Trade and Development Agency.
    ---------------------------------------------------------------------------
              (15) Investment treaties.--Negotiation of bilateral
            investment treaties.
              (16) Special tax treatment of below-market loans.--
            Exempting bonds from Internal Revenue Code rules
            relating to below-market loans.
              (17) Exchange activities.--Expanded exchange
            activities under the Fulbright, International Visitors,
            and other programs conducted by the United States
            Information Agency.
              (18) Cultural centers.--Contributions toward the
            establishment of reciprocal cultural centers that can
            facilitate educational and cultural exchange and
            expanded understanding of Western social democracy.
              (19) Sister institutions.--Establishment of sister
            institution programs between American and East European
            schools and universities, towns and cities, and other
            organizations in such fields as medicine and health
            care, business management, environmental protection,
            and agriculture.
              (20) Scholarships.--Scholarships to enable students
            to study in the United States.
              (21) Science and technology exchanges.--Grants for
            the implementation of bilateral agreements providing
            for cooperation in science and technology exchange.
              (22) Assistance for democratic institutions.--
            Assistance designed to support the development of
            legal, legislative, electoral, journalistic, and other
            institutions of free, pluralist societies.
              (23) Environmental assistance.--Environmental
            assistance directed at overcoming crucial deficiencies
            in air and water quality and other determinants of a
            healthful society.
              (24) Medical assistance.--Medical assistance
            specifically targeted to overcome severe deficiencies
            in pharmaceuticals and other basic health supplies.
              (25) Encouragement for private investment and
            voluntary assistance.--Encouraging private investment
            and voluntary private assistance, using a variety of
            means including a SEED Information Center System and
            the provision by the Department of Defense of
            transportation for private nonfinancial contributions.

    SEC. 3.\8\ SCOPE OF AUTHORITY.

        (a) General Authorization.--The President is authorized to
    conduct activities for any East European country that are
    similar to any activity authorized by this Act to be conducted
    in Poland or Hungary (excluding those authorized by section 102
    or the amendments made by sections 301 and 304) if such similar
    activities would effectively promote a transition to market-
    oriented democracy.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5402. Sec. 903 of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3355) added sec. 3.
    ---------------------------------------------------------------------------
        (b) Administration of Justice Programs.--In order to
    strengthen the administration of justice in East European
    countries, the President may exercise the same authorities with
    respect to those countries as are available under section 534
    of the Foreign Assistance Act of 1961, subject to the
    limitations and requirements of that section, other than
    subsection (c) and the last two sentences of subsection (e).
        (c) Definition of East European Country.--For purposes of
    this Act, the term ``East European country'' includes Albania,
    Bulgaria, the Czech and Slovak Federal Republic, Estonia,
    Hungary, Latvia, Lithuania, Poland, Romania, and states that
    were part of the former Socialist Federal Republic of
    Yugoslavia.

                         TITLE I--STRUCTURAL ADJUSTMENT

    SEC. 101.\9\ MULTILATERAL SUPPORT FOR STRUCTURAL ADJUSTMENT IN POLAND
                        AND HUNGARY.

      (a) Multilateral Assistance for Poland and Hungary.--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 5411.
    ---------------------------------------------------------------------------
              (1) In general.--To the extent that Poland and
            Hungary continue to evolve toward pluralism and
            democracy and to develop and implement comprehensive
            economic reform programs, the United States Government
            shall take the leadership in mobilizing international
            financial institutions, in particular the International
            Monetary Fund and the International Bank for
            Reconstruction and Development and its affiliated
            institutions in the World Bank group, to provide timely
            and appropriate resources to help Poland and Hungary.
              (2) World bank structural adjustment loan for
            poland.--In furtherance of paragraph (1), the Secretary
            of the Treasury shall direct the United States
            Executive Director of the International Bank for
            Reconstruction and Development to urge expeditious
            approval and disbursement by the Bank of a structural
            adjustment loan to Poland in an appropriate amount in
            time to facilitate the implementation of major economic
            reforms scheduled for early 1990, including the
            termination of energy, export, and agricultural
            subsidies and wage indexation.
      (b) Stabilization Assistance, Debt Relief, and Agricultural
    Assistance for Poland.--To the extent that Poland continues to
    evolve toward pluralism and democracy and to develop and
    implement comprehensive economic reform programs, the United
    States Government shall do the following:
              (1) Stabilization assistance.--The United States
            Government, in conjunction with other member
            governments of the Organization of Economic Cooperation
            and Development (OECD) and international financial
            institutions (including the International Monetary
            Fund), shall support the implementation of a plan of
            the Government of Poland to attack hyperinflation and
            other structural economic problems, address pressing
            social problems, carry out comprehensive economic
            reform, and relieve immediate and urgent balance of
            payments requirements in Poland, through the use of
            mechanisms such as--
                      (A) the Exchange Stabilization Fund pursuant
                    to section 5302 of title 31, United States
                    Code, and in accordance with established
                    Department of the Treasury policies and
                    procedures; and
                      (B) the authority provided in section 102(c)
                    of this Act.
              (2) Debt relief.--The United States Government--
                      (A) shall urge all members of the ``Paris
                    Club'' of creditor governments and other
                    creditor governments to adopt, and participate
                    in, a generous and early rescheduling program
                    for debts owed by the Government of Poland; and
                      (B) in coordination with other creditor
                    governments, shall seek to expedite
                    consultations between the Government of Poland
                    and its major private creditors in order to
                    facilitate a rescheduling and reduction of
                    payments due on debt owed to such creditors in
                    a manner consistent with the international debt
                    policy announced by the Secretary of the
                    Treasury on March 10, 1989.
              (3) Agricultural assistance.--The United States
            Government shall provide agricultural assistance for
            Poland in accordance with section 103.

    SEC. 102.\10\ STABILIZATION ASSISTANCE FOR POLAND.

      (a) Immediate Emergency Assistance.--To the extent that the
    ongoing International Monetary Fund review of the Polish
    economy projects a probable balance of payments shortage for
    the fourth quarter of 1989, the United States Government, in
    carrying out paragraph (1) of section 101(b)--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 5412.
    ---------------------------------------------------------------------------
              (1) should work closely with the European Community
            and international financial institutions to determine
            the extent of emergency assistance required by Poland
            for the fourth quarter of 1989, and
              (2) should consider extending a bridge loan to
            relieve immediate and urgent balance of payments
            requirements using the Exchange Stabilization Fund in
            accordance with paragraph (1)(A) of section 101(b).
      (b) Immediate, Multilateral Response to Poland's Economic
    Stabilization Needs.--In furtherance of section 101(b)(1), the
    President, acting in coordination with the European Community,
    should seek to ensure that the industrialized democracies
    undertake an immediate, multilateral effort to respond to
    Poland's request for $1,000,000,000 to support its economic
    stabilization program.
      (c) Additional Authority To Provide Stabilization
    Assistance.--
              (1) Authority.--In order to carry out paragraph (1)
            of section 101(b), the President is authorized to
            furnish assistance for Poland, notwithstanding any
            other provision of law, to assist in the urgent
            stabilization of the Polish economy and ultimately to
            promote longer-term economic growth and stability,
            based on movement toward free market principles. Such
            assistance may be provided for balance of payments
            support (including commodity import programs), support
            for private sector development, or for other activities
            to further efforts to develop a free market-oriented
            economy in Poland.
              (2) Authorization of appropriations.--For purposes of
            providing the assistance authorized by this subsection,
            there are authorized to be appropriated $200,000,000
            for fiscal year 1990 to carry out chapter 4 of part II
            of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
            and following; relating to the economic support fund),
            in addition to amounts otherwise available for such
            purposes.

    SEC. 103.\11\ AGRICULTURAL ASSISTANCE.

      (a) Agricultural Assistance Strategy.--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 5413.
    ---------------------------------------------------------------------------
              (1) United states assistance.--A principal component
            of the SEED Program shall be the provision by the
            United States of food and other agricultural
            commodities and products to alleviate crucial shortages
            that may be created in an East European country by the
            transition from state-directed controls to a free
            market economy.
              (2) Assistance from other countries.--In order to
            ensure the necessary quantity and diversity of
            agricultural assistance for that purpose, the United
            States shall take all appropriate steps to encourage
            parallel efforts by the European Community and other
            agricultural surplus countries.
              (3) Avoiding disincentives to private agricultural
            production and marketing.--In participating in such
            multilateral agricultural assistance, the United States
            shall seek to strike a balance wherein agricultural
            commodities and products are supplied in such
            quantities as will be effective in overcoming severe
            shortages and dampening inflation but without impeding
            the development of incentives for private agricultural
            production and marketing in the recipient country.
      (b) Agricultural Assistance for Poland.--Pursuant to section
    101(b)(3), the United States Government--
              (1) shall make available to Poland, in coordination
            with the European Community, United States agricultural
            assistance--
                      (A) to alleviate immediate food shortages
                    (such assistance to be specifically targeted
                    toward elements of the Polish population most
                    vulnerable to hunger and malnutrition, in
                    particular the infirm, the elderly, and
                    children), and
                      (B) to facilitate the transition from state-
                    directed controls to a free market economy,
                    while avoiding disincentives to domestic
                    agricultural production and reform; and
              (2) in order to ensure the necessary quantity and
            diversity of such agricultural assistance, shall take
            all appropriate steps to encourage parallel efforts by
            the European Community and other agricultural surplus
            countries.
      (c) FY 1990 Minimum Level of Agricultural Assistance for
    Poland.--In carrying out subsection (b) of this section, the
    level of assistance for Poland for fiscal year 1990 under
    section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
    1431(b)), the Agricultural Trade Development and Assistance Act
    of 1954 (7 U.S.C. 1691 and following), and the Food for
    Progress Act of 1985 (7 U.S.C. 1736o) should not be less than
    $125,000,000. Such assistance--
              (1) to the maximum extent practicable, shall be
            provided through nongovernmental organizations; and
              (2) shall emphasize feed grains.
      (d) Consistency With Budget Requirements.--Subsection (c)
    should not be construed to authorize or require any budgetary
    obligations or outlays that are inconsistent with House
    Concurrent Resolution 106 of the 101st Congress (setting forth
    the congressional budget for the United States Government for
    fiscal year 1990).

    SEC. 104.\12\ DEBT-FOR-EQUITY SWAPS AND OTHER SPECIAL TECHNIQUES.

      (a) Reduction of Debt Burden.--The President shall take all
    appropriate actions to explore and encourage innovative
    approaches to the reduction of the government-to-government and
    commercial debt burden of East European countries which have
    taken substantive steps toward political democracy and economic
    pluralism.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 5414. Sec. 4 of Executive Order 12703, February 20,
    1990 (55 F.R. 6351), delegated the functions conferred upon the
    President in this section relating to debt reduction of certain East
    European countries to the Secretary of the Treasury.
    ---------------------------------------------------------------------------
      (b) Authority for Discounted Sales of Debt.--Notwithstanding
    any other provision of law, the President may undertake the
    discounted sale, to private purchasers, of United States
    Government debt obligations of an East European country which
    has taken substantive steps toward political democracy and
    economic pluralism, subject to subsection (c).
      (c) Condition.--An obligation may be sold under subsection
    (b) only if the sale will facilitate so-called debt-for-equity
    or debt-for-development swaps wherein such newly privatized
    debt is exchanged by the new holder of the obligation for--
              (1) local currencies, policy commitments, or other
            assets needed for development or other economic
            activities, or
              (2) for an equity interest in an enterprise
            theretofore owned by the particular East European
            government.

                      TITLE II--PRIVATE SECTOR DEVELOPMENT

    SEC. 201.\13\ ENTERPRISE FUNDS FOR POLAND AND HUNGARY.

      (a) Purposes.--The purposes of this section are to promote--
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 5421. Sec. 2 of Executive Order No. 12703, February
    20, 1990 (55 F.R. 6351), as amended, delegated the functions conferred
    upon the President in this section relating to Enterprise Funds for
    Poland and Hungary to the Secretary of State.
    ---------------------------------------------------------------------------
              (1) development of the Polish and Hungarian private
            sectors, including small businesses, the agricultural
            sector, and joint ventures with United States and host
            country participants, and
              (2) policies and practices conducive to private
            sector development in Poland and Hungary,
    through loans, grants, equity investments, feasibility studies,
    technical assistance, training, insurance, guarantees, and
    other measures.
      (b) Authorization of Appropriations.--To carry out the
    purposes specified in subsection (a), there are authorized to
    be appropriated to the President--
              (1) $240,000,000 to support the Polish-American
            Enterprise Fund; and
              (2) $60,000,000 to support the Hungarian-American
            Enterprise Fund.
    Such amounts are authorized to be made available until
    expended.
      (c) Nonapplicability of Other Laws.--The funds appropriated
    under subsection (b) may be made available to the Polish-
    American Enterprise Fund and the Hungarian-American Enterprise
    Fund and used for the purposes of this section notwithstanding
    any other provision of law.
      (d) Designation of Enterprise Funds.--
              (1) Designation.--The President is authorized to
            designate two private, nonprofit organizations as
            eligible to receive funds and support pursuant to this
            section upon determining that such organizations have
            been established for the purposes specified in
            subsection (a). For purposes of this Act, the
            organizations so designated shall be referred to as the
            Polish-American Enterprise Fund and the Hungarian-
            American Enterprise Fund (hereinafter in this section
            referred to as the ``Enterprise Funds'').
              (2) Consultation with congress.--The President shall
            consult with the leadership of each House of Congress
            before designating an organization pursuant to
            paragraph (1).
              (3) Board of directors.--(A) Each Enterprise Fund
            shall be governed by a Board of Directors comprised of
            private citizens of the United States, and citizens of
            the respective host country, who have demonstrated
            experience and expertise in those areas of private
            sector development in which the Enterprise Fund is
            involved.
              (B) A majority of the members of the Board of
            Directors of each Enterprise Fund shall be United
            States citizens: \14\ Provided, That, as to Enterprise
            Funds established with respect to more than one host
            country, such Enterprise Fund may, in lieu of the
            appointment of citizens of the host countries to its
            Board of Directors, establish an advisory council for
            the host region comprised of citizens of each of the
            host countries or establish separate advisory councils
            for each of the host countries (hereinafter in this
            section referred to as the ``Advisory Councils''), with
            which the Enterprise Fund's policies and proposed
            activities and such host country citizens shall satisfy
            the experience and expertise requirements of this
            clause.
    ---------------------------------------------------------------------------
        \14\ Title II--Bilateral Economic Assistance, Assistance for the
    New Independent States of the Former Soviet Union, of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1996 (as enacted by reference in sec. 301 of Public Law 104-99; 110
    Stat. 26; enacted again as Public Law 104-107; 110 Stat. 714), added
    the proviso.
    ---------------------------------------------------------------------------
              (C) A host country citizen who is not committed to
            respect for democracy and a free market economy may not
            serve as a member of the Board of Directors of an
            Enterprise Fund.
              (4) Eligibility of enterprise funds for grants.--
            Grants may be made to an Enterprise Fund under this
            section only if the Enterprise Fund agrees to comply
            with the requirements specified in this section.
              (5) Private character of enterprise funds.--Nothing
            in this section shall be construed to make an
            Enterprise Fund an agency or establishment of the
            United States Government, or to make the officers,
            employees, or members of the Board of Directors of an
            Enterprise Fund officers or employees of the United
            States for purposes of title 5, United States Code.
      (e) Grants to Enterprise Funds.--Funds appropriated to the
    President pursuant to subsection (b) shall be granted to the
    Enterprise Funds by the Agency for International Development to
    enable the Enterprise Funds to carry out the purposes specified
    in subsection (a) and for the administrative expenses of each
    Enterprise Fund.
      (f) Eligible Programs and Projects.--
              (1) In general.--The Enterprise Funds may provide
            assistance pursuant to this section only for programs
            and projects which are consistent with the purposes set
            forth in subsection (a).
              (2) Employee stock ownership plans.--Funds available
            to the Enterprise Funds may be used to encourage the
            establishment of Employee Stock Ownership Plans (ESOPs)
            in Poland and Hungary.
              (3) Indigenous credit unions.--Funds available to the
            Enterprise Funds may be used for technical and other
            assistance to support the development of indigenous
            credit unions in Poland and Hungary. As used in this
            paragraph, the term ``credit union'' means a member-
            owned, nonprofit, cooperative depository institution--
                      (A) which is formed to permit individuals in
                    the field of membership specified in such
                    institution's charter to pool their savings,
                    lend the savings to one another, and own the
                    organization where they save, borrow, and
                    obtain related financial services; and
                      (B) whose members are united by a common bond
                    and democratically operate the institution.
              (4) Telecommunications modernization in poland.--The
            Polish-American Enterprise Fund may use up to
            $25,000,000 for grants for projects providing for the
            early introduction in Poland of modern telephone
            systems and telecommunications technology, which are
            crucial in establishing the conditions for successful
            transition to political democracy and economic
            pluralism.
              (5) Economic foundation of nszz solidarnosc.--Funds
            available to the Polish-American Enterprise Fund may be
            used to support the Economic Foundation of NSZZ
            Solidarnosc.
      (g) Matters To Be Considered by Enterprise Funds.--In
    carrying out this section, each Enterprise Fund shall take into
    account such considerations as internationally recognized
    worker rights and other internationally recognized human
    rights, environmental factors, United States economic and
    employment effects, and the likelihood of commercial viability
    of the activity receiving assistance from the Enterprise Fund.
      (h) Retention of Interest.--An Enterprise Fund may hold funds
    granted to it pursuant to this section in interest-bearing
    accounts, prior to the disbursement of such funds for purposes
    specified in subsection (a), and may retain for such program
    purposes any interest earned on such deposits without returning
    such interest to the Treasury of the United States and without
    further appropriation by the Congress.
      (i) Use of United States Private Venture Capital.--In order
    to maximize the effectiveness of the activities of the
    Enterprise Funds, each Enterprise Fund may conduct public
    offerings or private placements for the purpose of soliciting
    and accepting United States venture capital which may be used,
    separately or together with funds made available pursuant to
    this section, for any lawful investment purpose that the Board
    of Directors of the Enterprise Fund may determine in carrying
    out this section. Financial returns on Enterprise Fund
    investments that include a component of private venture capital
    may be distributed, at such times and in such amounts as the
    Board of Directors of the Enterprise Fund may determine, to the
    investors of such capital.
      (j) Financial Instruments for Individual Investment in
    Poland.--In order to maximize the effectiveness of the
    activities of the Polish-American Enterprise Fund, that
    Enterprise Fund should undertake all possible efforts to
    establish financial instruments that will enable individuals to
    invest in the private sectors of Poland and that will thereby
    have the effect of multiplying the impact of United States
    grants to that Enterprise Fund.
      (k) Nonapplicability of Other Laws.--Executive branch
    agencies may conduct programs and activities and provide
    services in support of the activities of the Enterprise Funds
    notwithstanding any other provision of law.
        (l) \15\ Limitation on Payments to Enterprise Fund
    Personnel.--
    ---------------------------------------------------------------------------
        \15\ Sec. 588 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
    Stat. 2438), amended and restated subsec. (l). It formerly read as
    follows:
        ``(l) Limitation on Payments to Enterprise Fund Personnel.--No part
    of the funds of either Enterprise Fund shall inure to the benefit of
    any board member, officer, or employee of such Enterprise Fund, except
    as salary or reasonable compensation for services.''.
    ---------------------------------------------------------------------------
              (1) No part of the funds of an Enterprise Fund shall
            inure to the benefit of any board member, officer, or
            employee of such Enterprise Fund, except as salary or
            reasonable compensation for services subject to
            paragraph (2).
              (2) An Enterprise Fund shall not pay compensation for
            services to--
                      (A) any board member of the Enterprise Fund,
                    except for services as a board member; or
                      (B) any firm, association, or entity in which
                    a board member of the Enterprise Fund serves as
                    partner, director, officer, or employee.
              (3) Nothing in paragraph (2) shall preclude payment
            for services performed before the date of enactment of
            this subsection nor for arrangements approved by the
            grantor and notified in writing to the Committees on
            Appropriations.
      (m) Independent Private Audits.--The accounts of each
    Enterprise Fund shall be audited annually in accordance with
    generally accepted auditing standards by independent certified
    public accountants or independent licensed public accountants
    certified or licensed by a regulatory authority of a State or
    other political subdivision of the United States. The report of
    each such independent audit shall be included in the annual
    report required by this section.
      (n) GAO Audits.--The financial transactions undertaken
    pursuant to this section by each Enterprise Fund may be audited
    by the General Accounting Office \16\ in accordance with such
    principles and procedures and under such rules and regulations
    as may be prescribed by the Comptroller General of the United
    States, so long as the Enterprise Fund is in receipt of United
    States Government grants.
    ---------------------------------------------------------------------------
        \16\ 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.''.
    ---------------------------------------------------------------------------
      (o) Recordkeeping Requirements.--The Enterprise Funds shall
    ensure--
              (1) that each recipient of assistance provided
            through the Enterprise Funds under this section keeps--
                      (A) separate accounts with respect to such
                    assistance;
                      (B) such records as may be reasonably
                    necessary to disclose fully the amount and the
                    disposition by such recipient of the proceeds
                    of such assistance, the total cost of the
                    project or undertaking in connection with which
                    such assistance is given or used, and the
                    amount and nature of that portion of the cost
                    of the project or undertaking supplied by other
                    sources; and
                      (C) such other records as will facilitate an
                    effective audit; and
              (2) that the Enterprise Funds, or any of their duly
            authorized representatives, have access for the purpose
            of audit and examination to any books, documents,
            papers, and records of the recipient that are pertinent
            to assistance provided through the Enterprise Funds
            under this section.
      (p) Annual Reports.--Each Enterprise Fund shall publish an
    annual report, which shall include a comprehensive and detailed
    description of the Enterprise Fund's operations, activities,
    financial condition, and accomplishments under this section for
    the preceding fiscal year. This report shall be published not
    later than January 31 each year, beginning in 1991.

    SEC. 202.\17\ LABOR MARKET TRANSITION IN POLAND AND HUNGARY.

      (a) Technical Assistance.--The Secretary of Labor
    (hereinafter in this section referred to as the ``Secretary''),
    in consultation with representatives of labor and business in
    the United States, shall--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 5422.
    ---------------------------------------------------------------------------
              (1) provide technical assistance to Poland and
            Hungary for the implementation of labor market reforms;
            and
              (2) provide technical assistance to Poland and
            Hungary to facilitate adjustment during the period of
            economic transition and reform.
      (b) Types of Technical Assistance Authorized.--In carrying
    out subsection (a), the Secretary is authorized to provide
    technical assistance regarding policies and programs for
    training and retraining, job search and employment services,
    unemployment insurance, occupational safety and health
    protection, labor-management relations, labor statistics,
    analysis of productivity constraints, entrepreneurial support
    for small businesses, market-driven systems of wage and income
    determinations, job creation, employment security, the
    observance of internationally recognized worker rights
    (including freedom of association and the right to organize and
    bargain collectively), and other matters that the Secretary may
    deem appropriate regarding free labor markets and labor
    organizations.
      (c) Administrative Authorities.--In carrying out subsection
    (a), the Secretary is authorized to do the following:
              (1) Solicit and accept in the name of the Department
            of Labor, and employ or dispose of in furtherance of
            the purposes of this section, any money or property,
            real, personal, or mixed, tangible or intangible,
            received by gift, devise, bequest, or otherwise. Gifts
            and donations of property which are no longer required
            for the discharge of the purposes of this section shall
            be reported to the Administrator of General Services
            for transfer, donation, or other disposal in accordance
            with the Federal Property and Administrative Services
            Act of 1949 (40 U.S.C. 471 and following).
              (2) Solicit and accept voluntary and uncompensated
            services notwithstanding section 1342 of title 31,
            United States Code. A volunteer under this paragraph
            shall not be deemed to be an employee of the United
            States except for the purposes of--
                      (A) the tort claims provisions of title 28,
                    United States Code, and
                      (B) subchapter I of chapter 81 of title 5,
                    United States Code, relating to compensation
                    for work injuries.
              (3) Enter into arrangements or agreements with
            appropriate departments, agencies, and establishments
            of Poland and Hungary.
              (4) Enter into arrangements or agreements with
            appropriate private and public sector United States
            parties, and international organizations.
      (d) Consultation With Appropriate Officers.--In carrying out
    the responsibilities established by this section, the Secretary
    shall seek information and advice from, and consult with,
    appropriate officers of the United States.
      (e) Consultation With Labor and Business Representatives.--
    For purposes of this section, consultation between the
    Secretary and United States labor and business representatives
    shall not be subject to the Federal Advisory Committee Act (5
    U.S.C. App.).
      (f) Delegation of Responsibilities.--The Secretary shall
    delegate the authority to carry out the programs authorized by
    this section to the head of the Bureau of International Labor
    Affairs of the Department of Labor.
      (g) Authorization of Appropriations.--There are authorized to
    be appropriated to the Department of Labor for the 3-year
    period beginning October 1, 1989, to carry out this section--
              (1) $4,000,000 for technical assistance to Poland;
            and
              (2) $1,000,000 for technical assistance to Hungary.

    SEC. 203.\18\ TECHNICAL TRAINING FOR PRIVATE SECTOR DEVELOPMENT IN
                        POLAND AND HUNGARY.

      (a) Technical Training Program.--The Agency for International
    Development shall develop and implement a program for extending
    basic agribusiness, commercial, entrepreneurial, financial,
    scientific, and technical skills to the people of Poland and
    Hungary to enable them to better meet their needs and develop a
    market economy. This program shall include management training
    and agricultural extension activities.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 5423.
    ---------------------------------------------------------------------------
      (b) Participation by Enterprise Funds and Other Agencies and
    Organizations.--In carrying out subsection (a), the Agency for
    International Development may utilize the Polish-American
    Enterprise Fund and the Hungarian-American Enterprise Fund and
    other appropriate Government and private agencies, programs,
    and organizations such as--
              (1) the Department of Agriculture;
              (2) the Farmer-to-Farmer Program under section 406(a)
            (1) and (2) of the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1736(a) (1) and (2));
              (3) the International Executive Service Corps;
              (4) the Foundation for the Development of Polish
            Agriculture;
              (5) the World Council of Credit Unions; and
              (6) other United States, Polish, and Hungarian
            private and voluntary organizations and private sector
            entities.
      (c) Nonapplicability of Other Provisions of Law.--Assistance
    provided pursuant to subsection (a) under the authorities of
    part I of the Foreign Assistance Act of 1961 may be provided
    notwithstanding any other provision of law.
      (d) Authorization of Appropriations.--For purposes of
    implementing this section, there are authorized to be
    appropriated $10,000,000 for the 3-year period beginning
    October 1, 1989, to carry out chapter 1 of part I of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following;
    relating to development assistance), in addition to amounts
    otherwise available for such purposes.
      (e) Limitation With Respect to Farmer-to-Farmer Program.--Any
    activities carried out pursuant to this Act through the Farmer-
    to-Farmer Program under section 406(a) (1) and (2) of the
    Agricultural Trade Development and Assistance Act of 1954 shall
    be funded with funds authorized to be appropriated by this Act
    and local currencies made available under section 205, and
    shall not be funded with funds made available pursuant to
    section 1107 of the Food Security Act of 1985 (7 U.S.C. 1736
    note) or a similar, subsequent provision of law.

    SEC. 204.\19\ PEACE CORPS PROGRAMS IN POLAND AND HUNGARY.

      There are authorized to be appropriated to carry out programs
    in Poland and Hungary under the Peace Corps Act, $6,000,000 for
    the 3-year period beginning October 1, 1989, in addition to
    amounts otherwise available for such purposes. Such programs
    shall include the use of Peace Corps volunteers--
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 5424.
    ---------------------------------------------------------------------------
              (1) to provide English language training, and
              (2) to extend the technical skills described in
            section 203(a) to the people of Poland and Hungary,
            using the Associate Volunteer Program to the extent
            practicable.

    SEC. 205.\20\ USE OF POLISH CURRENCY GENERATED BY AGRICULTURAL
                        ASSISTANCE.

      (a) Additional Assistance For Poland.--A portion of the
    agricultural commodities described in subsection (c) may be
    made available and sold or bartered in Poland to generate local
    currencies to be used--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 5425.
    ---------------------------------------------------------------------------
              (1) to complement the assistance for Poland
            authorized by sections 103(b), 201, and 203 of this
            Act, and
              (2) to support the activities of the joint commission
            established pursuant to section 2226 of the American
            Aid to Poland Act of 1988 (7 U.S.C. 1431 note),
    notwithstanding section 416(b)(7) of the Agricultural Act of
    1949 (7 U.S.C. 1431(b)(7)) or any other provision of law.
      (b) Emphasis on Agricultural Development.--The uses of local
    currencies generated under this section should emphasize the
    development of agricultural infrastructure, agriculture-related
    training, and other aspects of agricultural development in
    Poland.
      (c) Commodities Subject to Requirements.--Subsection (a)
    applies with respect to agricultural commodities made available
    for Poland for fiscal years 1990, 1991, and 1992 under section
    416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1691 and following), and the Food for Progress Act of
    1985 (7 U.S.C. 1736o).
      (d) Other Uses Not Precluded.--The uses of agricultural
    commodities and local currencies specified in subsection (a)
    are in addition to other uses authorized by law.

    SEC. 206.\21\ UNITED STATES POLICY OF PRIVATE FINANCIAL SUPPORT FOR
                        POLISH AND HUNGARIAN CREDIT UNIONS.

      (a) In General.--In order to facilitate the development of
    indigenous credit unions in Poland and Hungary, it is the
    policy of the United States that--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 5426.
    ---------------------------------------------------------------------------
              (1) United States citizens, financial institutions
            (other than federally insured depository institutions),
            and other persons may make contributions and loans to,
            make capital deposits in, and provide other forms of
            financial and technical assistance to credit unions in
            Poland and Hungary; and
              (2) federally insured depository institutions may
            provide technical assistance to credit unions in Poland
            and Hungary, to the extent that the provision of such
            assistance is prudent and not inconsistent with safe
            and sound banking practice.
      (b) Amendment to Federal Credit Union Act.--Section 107 of
    the Federal Credit Union Act (12 U.S.C. 1757) is amended by
    redesignating paragraph (16) as paragraph (17) and by inserting
    after paragraph (15) the following new paragraph:
              ``(16) subject to such regulations as the Board may
            prescribe, to provide technical assistance to credit
            unions in Poland and Hungary; and''.
      (c) Definitions.--For purposes of subsection (a)--
              (1) the term ``credit union'' means a member-owned,
            nonprofit, cooperative depository institution--
                      (A) which is formed to permit individuals in
                    the field of membership specified in such
                    institution's charter to pool their savings,
                    lend the savings to one another, and own the
                    organization where they save, borrow, and
                    obtain related financial services; and
                      (B) whose members are united by a common bond
                    and democratically operate the institution; and
              (2) the term ``federally insured depository
            institution'' means--
                      (A) any insured depository institution (as
                    defined in section 3(c)(2) of the Federal
                    Deposit Insurance Act); and
                      (B) any insured credit union (as defined in
                    section 101(7) of the Federal Credit Union
                    Act).

                        TITLE III--TRADE AND INVESTMENT

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

      Subsection (b) of section 502 of the Trade Act of 1974 (19
    U.S.C. 2462(b)) \22\ is amended by striking out ``Poland'' in
    the table within such subsection.
    ---------------------------------------------------------------------------
        \22\ Sec. 502(b) of the Trade Act of 1974 (Public Law 93-618) lists
    those countries excluded from designation of ``Beneficiary Developing
    Country'' under the Generalized System of Preferences. Hungary was
    removed from this list by Public Law 98-573, effective January 4, 1985.
    ---------------------------------------------------------------------------

    SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION PROGRAMS FOR POLAND
                        AND HUNGARY.

      (a) Eligibility of Poland and Hungary for OPIC Programs.--
    Section 239(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2199(f)) is amended by inserting ``, Poland, Hungary,'' after
    ``Yugoslavia''.\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 239 of the Foreign Assistance Act of 1961 states the
    general provisions and powers of the Overseas Private Investment
    Corporation. Subsec. (f) requires the President to determine that OPIC
    programs in certain countries are in the national interest.
    ---------------------------------------------------------------------------
      (b) \24\ Enhancement of Nongovernmental Sector.--In
    accordance with its mandate to foster private initiative and
    competition and enhance the ability of private enterprise to
    make its full contribution to the development process, the
    Overseas Private Investment Corporation shall support projects
    in Poland and Hungary which will result in enhancement of the
    nongovernmental sector and reduction of state involvement in
    the economy.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 2199 note.
    ---------------------------------------------------------------------------
      (c) \24\ Avoidance of Duplicative Amendments.--If the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1990, contains the same amendment that is
    made by subsection (a) of this section, the amendment made by
    that Act shall not be effective.\25\
    ---------------------------------------------------------------------------
        \25\ Sec. 597 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1257), stated the same amendment.
    ---------------------------------------------------------------------------

    SEC. 303.\26\ EXPORT-IMPORT BANK PROGRAMS FOR POLAND AND HUNGARY.

      (a) Authority to Extend Credit to Poland and Hungary.--
    Notwithstanding section 2(b)(2) of the Export-Import Bank Act
    of 1945 (12 U.S.C. 635(b)(2)), the Export-Import Bank of the
    United States may guarantee, insure, finance, extend credit,
    and participate in the extension of credit in connection with
    the purchase or lease of any product by the Republic of Hungary
    or any agency or national thereof or by the Polish People's
    Republic or any agency or national thereof.
    ---------------------------------------------------------------------------
        \26\ 12 U.S.C. 635 note.
    ---------------------------------------------------------------------------
      (b) Private Financial Intermediaries to Facilitate Exports to
    Poland.--Consistent with the provisions of the Export-Import
    Bank Act of 1945 (12 U.S.C. 635 and following), the Export-
    Import Bank of the United States shall work with private
    financial intermediaries in Poland to facilitate the export of
    goods and services to Poland.

    SEC. 304. TRADE CREDIT INSURANCE PROGRAM FOR POLAND.

        (a) * * * \27\
    ---------------------------------------------------------------------------
        \27\ Sec. 304(a) amended the Foreign Assistance Act of 1961 by
    inserting a new sec. 225.
    ---------------------------------------------------------------------------
      (b) Conforming Amendment.--Section 224 of that Act is amended
    by inserting ``For Central America'' after ``Program'' in the
    section caption.
      (c) Conforming Reference.--With respect to Poland, any
    reference in the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990, to section 224 of
    the Foreign Assistance Act of 1961 shall be deemed to be a
    reference to section 225 of that Act (as enacted by this
    section).

    SEC. 305.\28\ TRADE AND DEVELOPMENT AGENCY \29\ ACTIVITIES FOR POLAND
                        AND HUNGARY.

        In order to permit expansion of the Trade and Development
    Agency \29\ into Poland and Hungary, there are authorized to be
    appropriated $6,000,000 for the 3-year period beginning October
    1, 1989, to carry out section 661 of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2241), in addition to amounts otherwise
    available for such purpose.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 2421 note.
        \29\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided
    that any reference in any law to the Trade and Development Program
    shall be deemed to be a reference to the Trade and Development Agency.
    ---------------------------------------------------------------------------

    SEC. 306. BILATERAL INVESTMENT TREATIES WITH POLAND AND HUNGARY.

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

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

      (a) In General.--Paragraph (5) of section 1812(b) of the Tax
    Reform Act of 1986 is amended--
              (1) by inserting ``or Poland'' after ``Israel'' in
            the text thereof, and
              (2) by inserting ``or polish'' after ``israel'' in
            the heading thereof.\30\
    ---------------------------------------------------------------------------
        \30\ Sec. 1812(b)(5) of the Tax Reform Act of 1986 (Public Law 99-
    514) may be found at 100 Stat. 2834; 26 U.S.C. 7872 note.
    ---------------------------------------------------------------------------
      (b) \31\ Effective Date.--The amendments made by this section
    shall apply to obligations issued after the date of the
    enactment of this Act.
    ---------------------------------------------------------------------------
        \31\ 26 U.S.C. 7872 note.
    ---------------------------------------------------------------------------

           TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

    SEC. 401.\32\ EDUCATIONAL AND CULTURAL EXCHANGES AND SISTER
                        INSTITUTIONS PROGRAMS WITH POLAND AND HUNGARY.

      (a) Educational and Cultural Exchanges.--
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 5441.
    ---------------------------------------------------------------------------
              (1) Support for expanded u.s. participation.--The
            United States should expand its participation in
            educational and cultural exchange activities with
            Poland and Hungary, using the full array of existing
            government-funded and privately-funded programs, with
            particular emphasis on the J. William Fulbright
            Educational Exchange Program, the International
            Visitors Program, the Samantha Smith Memorial Exchange
            Program, the exchange programs of the National Academy
            of Sciences, youth and student exchanges through such
            private organizations as The Experiment in
            International Living, The American Field Service
            Committee, and Youth for Understanding, and research
            exchanges sponsored by the International Research and
            Exchanges Board (IREX).
              (2) Emphasis on skills in business and economics.--
            The United States should place particular emphasis on
            expanding its participation in educational exchange
            activities that will assist in developing the skills in
            business and economics that are necessary for the
            development of a free market economy in Poland and
            Hungary.
      (b) Binational Fulbright Commissions.--The United States
    should take all appropriate action to establish binational
    Fulbright commissions with Poland and Hungary in order to
    facilitate and enhance academic and scholarly exchanges with
    those countries.
      (c) Reciprocal Cultural Centers.--The President should
    consider the establishment of reciprocal cultural centers in
    Poland and the United States and in Hungary and the United
    States to facilitate government-funded and privately-funded
    cultural exchanges.
      (d) Sister Institutions Programs.--The President shall act to
    encourage the establishment of ``sister institution'' programs
    between American and Polish organizations and between American
    and Hungarian organizations, including such organizations as
    institutions of higher education, cities and towns, and
    organizations in such fields as medicine and health care,
    business management, environmental protection, and agricultural
    research and marketing.
      (e) Authorization of Appropriations.--To enable the United
    States Information Agency to support the activities described
    in this section, there are authorized to be appropriated
    $12,000,000 for the 3-year period beginning October 1, 1989, in
    addition to amounts otherwise available for such purposes.

    SEC. 402.\33\ POLAND-HUNGARY SCHOLARSHIP PARTNERSHIP.

      (a) Establishment of Scholarship Program.--The Administrator
    of the Agency for International Development is authorized to
    establish and administer a program of scholarship assistance,
    in cooperation with State governments, universities, community
    colleges, and businesses, to provide scholarships to enable
    students from Poland and Hungary to study in the United States.
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 5442.
    ---------------------------------------------------------------------------
      (b) Emphasis on Business and Economics.--The scholarship
    program provided for in this section shall emphasize
    scholarships to enable students from Poland and Hungary to
    study business and economics in the United States. Such
    scholarships may be provided for study in programs that range
    from the standard management courses to more specialized
    assistance in commercial banking and the creation of a stock
    market.
      (c) Grants to States.--In carrying out this section, the
    Administrator may make grants to States to provide scholarship
    assistance for undergraduate or graduate degree programs, and
    training programs of one year or longer, in study areas related
    to the critical development needs of Poland and Hungary.
      (d) Consultation With States.--The Administrator shall
    consult with the participating States with regard to the
    educational opportunities available within each State and on
    the assignment of scholarship recipients.
      (e) Federal Share.--The Federal share for each year for which
    a State receives payments under this section shall not be more
    than 50 percent.
      (f) Non-Federal Share.--The non-Federal share of payments
    under this section may be in cash, including the waiver of
    tuition or the offering of in-State tuition or housing waivers
    or subsidies, or in-kind fairly evaluated, including the
    provision of books or supplies.
      (g) Forgiveness of Scholarship Assistance.--The obligation of
    any recipient to reimburse any entity for any or all
    scholarship assistance provided under this section shall be
    forgiven upon the recipient's prompt return to Poland or
    Hungary, as the case may be, for a period which is at least one
    year longer than the period spent studying in the United States
    with scholarship assistance.
      (h) Private Sector Participation.--To the maximum extent
    practicable, each participating State shall enlist the
    assistance of the private sector to enable the State to meet
    the non-Federal share of payments under this section. Wherever
    appropriate, each participating State shall encourage the
    private sector to offer internships or other opportunities
    consistent with the purposes of this section to students
    receiving scholarships under this section.
      (i) Funding.--Grants to States pursuant to this section shall
    be made with funds made available to carry out chapter 1 of
    part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
    and following; relating to development assistance) or chapter 4
    of part II of that Act (22 U.S.C. 2346 and following; relating
    to the economic support fund). In addition to amounts otherwise
    available for such purpose under those chapters, there are
    authorized to be appropriated $10,000,000 for the 3-year period
    beginning October 1, 1989, for use in carrying out this
    section.
      (j) Restrictions not Applicable.--Prohibitions on the use of
    foreign assistance funds for assistance for Poland and Hungary
    shall not apply with respect to the funds made available to
    carry out this section.
      (k) Definition of State.--As used in this section, the term
    ``State'' means each of the several States, the District of
    Columbia, the Commonwealth of Puerto Rico, Guam, American
    Samoa, the Virgin Islands, the Trust Territory of the Pacific
    Islands, and the Commonwealth of the Northern Mariana Islands.

    SEC. 403.\34\ SCIENCE AND TECHNOLOGY EXCHANGE WITH POLAND AND HUNGARY.

      (a) Agreement With Poland.--There are authorized to be
    appropriated to the Secretary of State for purposes of
    continuing to implement the 1987 United States-Polish science
    and technology agreement--
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 5443.
    ---------------------------------------------------------------------------
              (1) $1,500,000 for fiscal year 1990,
              (2) $2,000,000 for fiscal year 1991, and
              (3) $2,000,000 for fiscal year 1992.
      (b) Agreement With Hungary.--There are authorized to be
    appropriated to the Secretary of State for purposes of
    implementing the 1989 United States-Hungarian science and
    technology agreement--
              (1) $500,000 for fiscal year 1990,
              (2) $1,000,000 for fiscal year 1991, and
              (3) $1,000,000 for fiscal year 1992.
      (c) Definition of Agreements Being Funded.--For purposes of
    this section--
              (1) the term ``1987 United States-Polish science and
            technology agreement'' refers to the agreement
            concluded in 1987 by the United States and Poland,
            entitled ``Agreement Between the Government of the
            United States of America and the Polish People's
            Republic on Cooperation in Science and Technology and
            Its Funding'', together with annexes relating thereto;
            and
              (2) the term ``1989 United States-Hungarian science
            and technology agreement'' refers to the agreement
            concluded in 1989 by the United States and Hungary,
            entitled ``Agreement Between the Government of the
            United States of America and the Government of the
            Hungarian People's Republic for Scientific and
            Technology Cooperation'', together with annexes
            relating thereto.

                       TITLE V--OTHER ASSISTANCE PROGRAMS

    SEC. 501.\35\ ASSISTANCE IN SUPPORT OF DEMOCRATIC INSTITUTIONS IN
                        POLAND AND HUNGARY.

      (a) Authorization of Assistance.--In addition to amounts
    otherwise available for such purposes, there are authorized to
    be appropriated to carry out chapter 4 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following;
    relating to the economic support fund) $12,000,000 for the 3-
    year period beginning October 1, 1989, which shall be available
    only for the support of democratic institutions and activities
    in Poland and Hungary.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 5451.
    ---------------------------------------------------------------------------
      (b) Nonapplicability of Other Laws.--Assistance may be
    provided under this section notwithstanding any other provision
    of law.

    SEC. 502.\36\ ENVIRONMENTAL INITIATIVES FOR POLAND AND HUNGARY.

      (a) Priority for the Control of Pollution.--The Congress
    recognizes the severe pollution problems affecting Poland and
    Hungary and the serious health problems which ensue from such
    pollution. The Congress therefore directs that a high priority
    be given in the implementation of assistance to Poland and
    Hungary to the control of pollution and the restoration of the
    natural resource base on which a sustainable, healthy economy
    depends.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 5452.
    ---------------------------------------------------------------------------
      (b) EPA Activities Generally.--In addition to specific
    authorities contained in any of the environmental statutes
    administered by the Environmental Protection Agency, the
    Administrator of that Agency (hereinafter in this section
    referred to as the ``Administrator'') is authorized to
    undertake such educational, policy training, research, and
    technical and financial assistance, monitoring, coordinating,
    and other activities as the Administrator may deem appropriate,
    either alone or in cooperation with other United States or
    foreign agencies, governments, or public or private
    institutions, in protecting the environment in Poland and
    Hungary.
      (c) EPA Activities in Poland.--The Administrator shall
    cooperate with Polish officials and experts to--
              (1) establish an air quality monitoring network in
            the Krakow metropolitan area as a part of Poland's
            national air monitoring network; and
              (2) improve both water quality and the availability
            of drinking water in the Krakow metropolitan area.
      (d) EPA Activities in Hungary.--The Administrator shall work
    with other United States and Hungarian officials and private
    parties to establish and support a regional center in Budapest
    for facilitating cooperative environmental activities between
    governmental experts and public and private organizations from
    the United States and Eastern and Western Europe.
      (e) Funding of EPA Activities.--To enable the Environmental
    Protection Agency to carry out subsections (b), (c), and (d),
    there are authorized to be appropriated $10,000,000 for the 3-
    year period beginning October 1, 1989, to carry out chapter 1
    of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
    and following; relating to development assistance) or chapter 4
    of Part II of that Act (22 U.S.C. 2346 and following; relating
    to the economic support fund). These funds may be used to carry
    out those subsections notwithstanding any provision of law
    relating to the use of foreign assistance funds.
      (f) Department of Energy Activities Relating to Fossil
    Fuels.--
              (1) Clean coal.--The Secretary of Energy shall
            cooperate with Polish officials and experts to retrofit
            a coal-fired commercial powerplant in the Krakow,
            Poland, region with advanced clean coal technology that
            has been successfully demonstrated at a comparably
            scaled powerplant in the United States. Such retrofit
            shall be carried out by one or more United States
            companies using United States technology and equipment
            manufactured in the United States. The Secretary may
            vest title in any property acquired under this
            paragraph in an entity other than the United States.
              (2) Equipment assessment.--The Secretary of Energy
            shall cooperate with Polish officials and experts and
            companies within the United States to assess and
            develop the capability within Poland to manufacture or
            modify boilers, furnaces, smelters, or other equipment
            that will enable industrial facilities within Poland to
            use fossil fuels cleanly. The Secretary may vest title
            in any property acquired under this paragraph in an
            entity other than the United States.
              (3) Authorization of appropriations.--To carry out
            paragraphs (1) and (2) of this subsection, there are
            authorized to be appropriated $30,000,000 for the 3-
            year period beginning October 1, 1989. Not more than
            $10,000,000 of the funds appropriated under this
            paragraph may be used to carry out the requirements of
            paragraph (1).
      (g) Priority for Efficient Energy Use.--In view of the high
    energy usage per unit of output in Hungary and Poland, the
    Secretary of Energy shall give high priority to assisting
    officials of Poland and Hungary in improving the efficiency of
    their energy use, through emphasis on such measures as
    efficient motors, lights, gears, and appliances and
    improvements in building insulation and design.
      (h) Alternative Investments in Energy in Hungary.--It is the
    sense of the Congress that the Executive branch should work
    with the Government of Hungary to achieve environmentally safe
    alternative investments in energy efficiency, particularly with
    regard to projects along the Danube River.

    SEC. 503.\37\ MEDICAL SUPPLIES, HOSPITAL EQUIPMENT, AND MEDICAL
                        TRAINING FOR POLAND.

      (a) Authorization of Assistance.--In addition to amounts
    otherwise available for such purposes, there are authorized to
    be appropriated to carry out chapter 4 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following;
    relating to the economic support fund) $4,000,000 for the 3-
    year period beginning October 1, 1989, which shall be available
    only--
    ---------------------------------------------------------------------------
        \37\ 22 U.S.C. 5453.
    ---------------------------------------------------------------------------
              (1) for providing medical supplies and hospital
            equipment to Poland through private and voluntary
            organizations, including for the expenses of
            purchasing, transporting, and distributing such
            supplies and equipment, and
              (2) for training of Polish medical personnel.
      (b) Nonapplicability of Other Laws.--Assistance may be
    provided under this section notwithstanding any other provision
    of law, other than--
              (1) section 104(f) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2151b(f); relating to the prohibition
            on the use of funds for abortions and involuntary
            sterilizations), and
              (2) any provision of the annual Foreign Operations,
            Export Financing, and Related Programs Appropriations
            Act that relates to abortion.

                   TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

    SEC. 601.\38\ POLICY COORDINATION OF SEED PROGRAM.

      The President shall designate, within the Department of
    State, a SEED Program coordinator who shall be directly
    responsible for overseeing and coordinating all programs
    described in this Act and all other activities that the United
    States Government conducts in furtherance of the purposes of
    this Act.
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 5461.
    ---------------------------------------------------------------------------

    SEC. 602.\39\ SEED INFORMATION CENTER SYSTEM.

      (a) Establishment.--The President shall establish a SEED
    Information Center System, using existing Executive branch
    agencies and acting in cooperation with the Government of
    Poland and the Government of Hungary.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 5462. Sec. 3 of Executive Order 12703, February 20,
    1990 (55 F.R. 6351), delegated the functions conferred upon the
    President in this section relating to the establishment of a SEED
    information Center System in cooperation with the Governments of Poland
    and Hungary to the Secretary of Commerce, in consultation with the SEED
    Program Coordinator and other agencies.
    ---------------------------------------------------------------------------
      (b) Functions.--
              (1) In general.--The SEED Information Center System
            shall serve as a central clearinghouse mechanism for
            information relating to--
                      (A) business needs and opportunities in
                    Eastern Europe, and
                      (B) voluntary assistance to countries in
                    Eastern Europe.
              (2) Private enterprise development.--The SEED
            Information Center System shall be organized, among
            other purposes, to encourage--
                      (A) the submission of economically sound
                    proposals to the Polish-American Enterprise
                    Fund and Hungarian-American Enterprise Fund,
                    and
                      (B) other sources of finance for the
                    development of private enterprise in Eastern
                    Europe.
      (c) Location.--The SEED Information Center System shall be
    based jointly in Washington, District of Columbia; Warsaw,
    Poland; and Budapest, Hungary; and should it become
    appropriate, the capitals of other East European countries.

    SEC. 603.\40\ ENCOURAGING VOLUNTARY ASSISTANCE FOR POLAND AND HUNGARY.

      (a) Encouraging Private Contributions.--It is the sense of
    the Congress that the President should take all possible steps
    to encourage across the Nation a massive outpouring of private
    contributions of money and nonperishable foods, to be collected
    by civic, religious, school, and youth organizations, for
    assistance to Poland and to refugees from Romania who are in
    Hungary.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 5463.
    ---------------------------------------------------------------------------
      (b) Transportation to Poland of Private Contributions.--In
    further of subsection (a), the President--
              (1) using all available authorities, including
            section 402 of title 10, United States Code (relating
            to transportation of humanitarian relief supplies),
            should use resources of the Department of Defense
            (including the National Guard) to transport
            nonfinancial private contributions to Poland,
              (2) should request additional authorities as needed
            for the use of those resources for that purpose; and
              (3) should encourage maximum participation by such
            recognized private and voluntary organizations as the
            Polish-American Congress in the transportation of
            nonfinancial private contributions to Poland.

    SEC. 604.\41\ ECONOMIC AND COMMERCIAL OFFICERS AT UNITED STATES
                        EMBASSIES AND MISSIONS IN POLAND AND HUNGARY.

      It is the sense of the Congress that, to the extent
    practicable--
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 5464.
    ---------------------------------------------------------------------------
              (1) the United States Embassy in Budapest, Hungary,
            should be assigned one additional economic and
            commercial officer;
              (2) the United States Embassy in Warsaw, Poland,
            should be assigned one additional economic officer and
            one additional commercial officer;
              (3) the United States Trade Center in Warsaw, Poland,
            should be assigned one additional economic and
            commercial officer; and
              (4) the United States mission in Krakow, Poland,
            should be assigned one additional economic and
            commercial officer.

                      TITLE VII--REPORTS TO CONGRESS \42\

    SEC. 701.\43\ REPORT ON INITIAL STEPS TAKEN BY UNITED STATES AND ON
                        POLAND'S REQUIREMENT FOR AGRICULTURAL ASSISTANCE.

      (a) Initial Report.--Not later than 60 days after the date of
    enactment of this Act, the President shall submit a report to
    the Congress--
    ---------------------------------------------------------------------------
        \42\ Sec. 1 of Executive Order 12703, February 20, 1990 (55 F.R.
    6351), delegated the functions conferred upon the President in this
    title relating to reports to the Congress to the Coordinator of the
    SEED Program.
        \43\ 22 U.S.C. 5471.
    ---------------------------------------------------------------------------
              (1) describing the steps taken by the United States
            Government pursuant to title I, in particular sections
            102 (a) and (b);
              (2) assessing Poland's requirements for additional
            agricultural assistance during fiscal year 1990 and its
            requirements for agricultural assistance during fiscal
            years 1991 and 1992; and
              (3) specifying how much agricultural assistance the
            President proposes be provided by the United States to
            meet those requirements.
      (b) Updating Assessments.--As additional information becomes
    available, the President shall provide to the Congress revised
    assessments of Poland's requirements for agricultural
    assistance during fiscal years 1991 and 1992, specifying how
    much agricultural assistance the President proposes be provided
    by the United States to meet those requirements.

    SEC. 702.\44\ REPORT ON CONFIDENCE BUILDING MEASURES BY POLAND AND
                        HUNGARY.

      Not later than 180 days after the date of enactment of this
    Act, the President shall submit a report to the Congress
    identifying--
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 5472.
    ---------------------------------------------------------------------------
              (1) the confidence building measures Poland and
            Hungary could undertake to facilitate the negotiation
            of agreements, including bilateral customs and
            technology transfer agreements, that would encourage
            greater direct private sector investment in that
            country; and
              (2) the confidence building measures Poland and
            Hungary could undertake with respect to the treatment
            accorded those countries under the Export
            Administration Act of 1979.

    SEC. 703.\45\ REPORT ON ENVIRONMENTAL PROBLEMS IN POLAND AND HUNGARY.

      The first report submitted pursuant to section 704 shall
    include the following:
    ---------------------------------------------------------------------------
        \45\ 22 U.S.C. 5473.
    ---------------------------------------------------------------------------
              (1) Assessment of problems.--An overall assessment of
            the environmental problems facing Poland and Hungary,
            including--
                      (A) a relative ranking of the severity of the
                    problems and their effects on both human health
                    and the general environment;
                      (B) a listing of the geographical areas of
                    each country that have suffered the heaviest
                    environmental damage, and a description of the
                    source and scope of the damage; and
                      (C) an assessment of the environmental
                    performance of leading industrial polluters in
                    those countries and the expected effect on
                    pollution levels of industrial modernization.
              (2) Priorities and costs for action.--An analysis of
            the priorities that Poland and Hungary should each
            assign in addressing its environmental problems, and an
            estimate of the capital and human resources required to
            undertake a comprehensive program of environmental
            protection in that country.
              (3) Role of united states and multilateral
            assistance.--A statement of strategy for United States
            assistance for the next 5 years to address
            environmental problems in Poland and Hungary,
            including--
                      (A) recommendations for appropriate levels
                    and forms of bilateral financial and technical
                    assistance;
                      (B) recommendations concerning United States
                    participation in cooperative multilateral
                    undertakings;
                      (C) an assessment of the feasibility of debt-
                    for-nature swaps as a technique of
                    environmental protection in each country; and
                      (D) recommendations for minimizing further
                    environmental damage to Krakow, and for the
                    protection and restoration of historic sites in
                    that city.

    SEC. 704.\46\ ANNUAL SEED PROGRAM REPORT.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 5474.
    ---------------------------------------------------------------------------
              (1) in order to provide the President with maximum
            flexibility and opportunity for innovation in
            implementation of the SEED Program, this Act sets forth
            general goals and modalities for the support of
            democracy and economic pluralism in Eastern Europe;
              (2) prompt United States action in devising specific
            measures to achieve the goals outlined in this Act will
            be crucial in generating the public awareness, and the
            international commitment, necessary for United States
            leadership of a successful multilateral program of
            assistance in Eastern Europe; and
              (3) clear-cut delineation of such United States
            actions at an early date is integral to United States
            leadership of this effort.
      (b) Initial Seed Program Report.--Accordingly, the first
    report pursuant to subsection (c) shall be a comprehensive
    report that includes a full description of all SEED Actions
    taken pursuant to each provision of this Act since the
    enactment of this Act.
      (c) Annual Seed Program Report.--Not later than January 31 of
    each year (beginning in 1991), the President shall submit to
    the Congress a ``Report on the United States Program of Support
    for East European Democracy (the SEED Program)''. Each such
    report shall describe the assistance provided to each East
    European country under this Act during the preceding fiscal
    year. In addition, each such report shall contain an assessment
    of the progress made by each such recipient country in--
              (1) implementing economic policies designed to
            promote sustained economic growth, develop economic
            freedom, and increase opportunities for the people of
            that country; and
              (2) adopting and implementing constitutional, legal,
            and administrative measures that--
                      (A) affect the powers of the executive and
                    legislative authorities and the independence of
                    the judiciary,
                      (B) affect the formation and operation of
                    independent political parties, groups,
                    associations, or organizations, or
                      (C) affect fundamental human rights and civil
                    liberties.

    SEC. 705.\47\ REPORTS ON CERTAIN ACTIVITIES.

      At the same time each report is submitted pursuant to section
    704(c), the President shall submit to the appropriate
    committees of the Congress a report on the extent of espionage
    activities against the United States and other member countries
    of the North Atlantic Treaty Organization by operatives of the
    government of any East European country that is receiving
    assistance under this Act. Such reports may be submitted in
    classified form.
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 5475.
    ---------------------------------------------------------------------------

    SEC. 706.\48\ NOTIFICATIONS TO CONGRESS REGARDING ASSISTANCE.

      Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
    2394-1; relating to reprogramming notifications) applies with
    respect to obligations of funds made available under that Act
    to carry out this Act, notwithstanding any other provision of
    this Act.
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 5476.
    ---------------------------------------------------------------------------

                      TITLE VIII--MISCELLANEOUS PROVISIONS

    SEC. 801.\49\ SUSPENSION OF SEED ASSISTANCE.

      The President should suspend all assistance to an East
    European country pursuant to this Act if the President
    determines, and reports to the Congress, that--
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 5491.
    ---------------------------------------------------------------------------
              (1) that country is engaged in international
            activities directly and fundamentally contrary to
            United States national security interests;
              (2) the president or any other government official of
            that country initiates martial law or a state of
            emergency for reasons other than to respond to a
            natural disaster or a foreign invasion; or
              (3) any member who was elected to that country's
            parliament has been removed from that office or
            arrested through extraconstitutional processes.

    SEC. 802.\50\ DECLARATION OF THE REPUBLIC OF HUNGARY.

      (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 5492.
    ---------------------------------------------------------------------------
              (1) on October 23, 1989, in a public ceremony in
            Budapest, the acting President of Hungary declared the
            Hungarian state to be an independent, democratic
            Republic of Hungary;
              (2) this public ceremony was held on the 33d
            anniversary of Hungary's 1956 revolution that was
            bloodily suppressed by Soviet troops;
              (3) this public ceremony was held in the same Kossuth
            Square where the first mass rally of the 1956
            revolution was held;
              (4) as a further symbol of Hungary's faithfulness to
            the legacy of the revolution of 1956, the declaration
            by the acting President was made from the same balcony
            from which Imre Nagy, the martyred Prime Minister of
            the revolutionary government of 1956, addressed the
            citizens of Budapest 33 years before;
              (5) the heroic revolt and freedom fight of the
            Hungarian people in 1956 was an inspirational event,
            reminding a generation of Americans of the sacrifices
            people are willing to undertake as the price of
            liberty; and
              (6) the present efforts of the Hungarian people to
            validate the legacy of the revolution of 1956 by
            establishing a free, independent, and prosperous
            Hungary have gained the sympathy and admiration of the
            American people.
      (b) Congressional Declarations.--The Congress--
              (1) congratulates the people of Hungary on the
            declaration of a Republic of Hungary committed to
            democratic principles; and
              (2) expresses its desire to enhance the friendly
            relations between the people of Hungary and the people
            of the United States and between their respective
            governments.

    SEC. 803.\51\ ADMINISTRATIVE EXPENSES OF THE AGENCY FOR INTERNATIONAL
                        DEVELOPMENT.

      For the purpose of paying administrative expenses incurred in
    connection with carrying out its functions under this Act, the
    Agency for International Development may use up to $500,000
    each fiscal year of the funds made available to the Agency
    under this Act.
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 5493.
    ---------------------------------------------------------------------------

    SEC. 804.\52\ RELATION OF PROVISIONS OF THIS ACT TO CERTAIN PROVISIONS
                        OF APPROPRIATIONS ACTS.

      Any provision of the annual Foreign Operations, Export
    Financing, and Related Programs Appropriations Act that
    provides that assistance for Poland or Hungary under that Act
    may be provided ``notwithstanding any other provision of law''
    shall not supersede any otherwise applicable provision of this
    Act. This section shall not, however, be construed to apply
    with respect to section 599C(b) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1990
    \53\ (or a corresponding provision of a subsequent such
    appropriations Acts.
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 5494.
        \53\ Sec. 599C(b) of Public Law 101-167 provided that:
        ``Notwithstanding any other provision of this Act, any funds made
    available by this Act for a specific activity for Poland or Hungary
    instead may be obligated for Poland or Hungary for an activity with a
    similar purpose. The authority of section 515 of this Act may also be
    used to deobligate such funds and reobligate them for Poland or Hungary
    for an activity with a similar purpose: Provided, That the authority of
    this subsection shall be exercised subject to the regular notification
    procedures of the Committees on Appropriations.''.
    ---------------------------------------------------------------------------

    SEC. 805.\54\ CERTAIN USES OF EXCESS FOREIGN CURRENCIES.

      (a) Authority To Use.--During fiscal year 1990, the
    Administrator of the Agency for International Development may
    use, for the purposes described in subsection (b), such sums of
    foreign currencies described in subsection (c) as the
    Administrator may determine, subject to subsection (f).
    ---------------------------------------------------------------------------
        \54\ 22 U.S.C. 5495.
    ---------------------------------------------------------------------------
      (b) Purposes for Which Currency May Be Used.--Foreign
    currencies may be used under this section--
              (1) for the same purposes for which assistance may be
            provided under part I of the Foreign Assistance Act of
            1961 (22 U.S.C. 2151 and following; relating to
            economic assistance), and
              (2) for the support of any institution providing
            education for a significant number of United States
            nationals (who may include members of the United States
            Armed Forces or the Foreign Service or dependents of
            such members).
      (c) Currencies Which May Be Used.--The foreign currencies
    which may be used under this section are United States-owned
    excess foreign currencies that are in excess of amounts
    necessary for satisfaction of preexisting commitments to use
    such currencies for other purposes specified by law.
      (d) Where Currencies May Be Used.--Foreign currencies may be
    used under this section in the country where such currencies
    are held or in other foreign countries.
      (e) Nonapplicability of Other Provisions of Law.--Foreign
    currencies may be used under this section notwithstanding
    section 1306 of title 31, United States Code, or any other
    provision of law.
      (f) Requirement for Appropriations Action.--The authority of
    this section may be exercised only to such extent or in such
    amount as may be provided in advance in an appropriation Act.
                    (10) American Aid to Poland Act of 1988

     Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness
     Act of 1988, H.R. 4848], 102 Stat. 1107 at 1336, approved August 23,
      1988; as amended by Public Law 101-513 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1991; H.R. 5114],
     104 Stat. 1979, approved November 5, 1990; and by Public Law 103-306
          [Foreign Operations, Export Financing, and Related Programs
     Appropriations Act, 1995; H.R. 4426], 108 Stat. 1654, approved August
                                    23, 1994

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

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

                         part ii--assistance to poland

    SEC. 2221.\1\ SHORT TITLE.

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

    SEC. 2222. FUNDING FOR SCIENCE AND TECHNOLOGY AGREEMENT.

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

    SEC. 2223. DONATION OF SURPLUS AGRICULTURAL COMMODITIES.

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

    SEC. 2224. USE OF POLISH CURRENCIES.

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

    SEC. 2226. JOINT COMMISSION.

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

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

        In addition to amounts authorized to be appropriated to
    carry out chapter 4 of part II of the Foreign Assistance Act of
    1961 (relating to the economic support fund) for fiscal years
    1988 and 1989, there are authorized to be appropriated to carry
    out that chapter for each such fiscal year $2,000,000, which
    shall be available only for providing medical supplies and
    hospital equipment to Poland through private and voluntary
    organizations, including for the expenses of purchasing,
    transporting, and distributing such supplies and equipment.
        (11) Clement J. Zablocki Memorial Outpatient Facility, American
                      Children's Hospital, Krakow, Poland

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

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

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

    ``clement j. zablocki memorial outpatient facility in poland
    ---------------------------------------------------------------------------

        ``For an additional amount for the `Economic Support Fund', to
    carry out Public Law 98-266, $10,000,000, to remain available until
    expended.''.
       (12) Research and Training for Eastern Europe and the Independent
                 States of the Former Soviet Union Act of 1983

     Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1047,
      approved November 22, 1983; amended by Public Law 102-138 [Foreign
     Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415],
         105 Stat. 647, approved October 28, 1991; Public Law 103-199
      [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17,
     1993; and by Public Law 105-244 [Higher Education Amendments of 1998;
               H.R. 6], 112 Stat. 1581, approved October 7, 1998

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

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

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

                                  short title

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

                           findings and declarations

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

                                  definitions

        Sec. 803.\4\ As used in this title--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 4502.
    ---------------------------------------------------------------------------
              (1) the term ``institution of higher education'' has
            the same meaning given such term in section 101 \5\ of
            the Higher Education Act of 1965; and
    ---------------------------------------------------------------------------
        \5\ Sec. 102(a)(7)(A) of the Higher Education Amendments of 1998
    (Public Law 105-244; 112 Stat. 1619) struck out ``1201(a)'', and
    inserted in lieu thereof ``101''.
    ---------------------------------------------------------------------------
              (2) the term ``Advisory Committee'' means the
            Advisory Committee for Studies of Eastern Europe and
            the Independent States of the Former Soviet Union \6\
            established by section 804(a).
    ---------------------------------------------------------------------------
        \6\ Sec. 302(4) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory
    Committee'' and inserted in lieu thereof ``Advisory Committee for
    Studies of Eastern Europe and the Independent States of the Former
    Soviet Union''.
    ---------------------------------------------------------------------------

                  establishment of the \7\ advisory committee

        Sec. 804.\8\ (a) There is established within the Department
    of State the Advisory Committee for Studies of Eastern Europe
    and the Independent States of the Former Soviet Union \9\ which
    shall be composed of the Secretary of State, the Secretary of
    Defense, the Secretary of Education, the Librarian of Congress,
    the President of the American Association for the Advancement
    of Slavic Studies, and the President of the Association of
    American Universities. The Secretary of State shall be the
    Chairman.\10\
    ---------------------------------------------------------------------------
        \7\ Sec. 302(5(A) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2317) struck out ``soviet-eastern european studies'' from the
    section heading.
        \8\ 22 U.S.C. 4503.
        \9\ Sec. 302(5)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory
    Committee'' and inserted in lieu thereof ``Advisory Committee for
    Studies of Eastern Europe and the Independent States of the Former
    Soviet Union''.
        \10\ The functions of the Chairman conferred upon the Secretary of
    State by this section were delegated to the Director of the Bureau of
    Intelligence and Research, pursuant to State Department Delegation of
    Authority No. 155 (September 21, 1984, 49 F.R. 39002).
    ---------------------------------------------------------------------------
        (b) The Advisory Committee shall meet at the call of the
    Chairman and shall hold at least one meeting each year. Three
    members of the Advisory Committee shall constitute a quorum.
        (c) The Secretary of State may detail personnel of the
    Department of State to provide technical and clerical
    assistance to the Advisory Committee in carrying out its
    functions under this title.
        (d) The Advisory Committee shall recommend grant policies
    for the advancement of the objectives of this title. In
    proposing recipients for grants under this title, the Advisory
    Committee shall give the highest priority to national
    organizations with an interest and expertise in conducting
    research and training concerning the countries of Eastern
    Europe and the independent states of the former Soviet Union
    \11\ and in disseminating the results of such research. In
    making its recommendations, the Advisory Committee shall
    emphasize the development of a stable, long-term research
    program.
    ---------------------------------------------------------------------------
        \11\ Sec. 302(5)(C) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``Soviet and Eastern European countries'' and
    inserted in lieu thereof ``the countries of Eastern Europe and the
    independent states of the former Soviet Union''.
    ---------------------------------------------------------------------------

                           authority to make payments

        Sec. 805.\12\ (a) The Secretary of State, after
    consultation with the Advisory Committee, shall make payments,
    in accordance with the provisions of this section, out of funds
    made available to carry out this title.\13\
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 4504.
        \13\ The functions of making payments conferred upon the Secretary
    of State by this subsec. were delegated to the Director of the Bureau
    of Intelligence and Research, pursuant to State Department Delegation
    of Authority No. 155 (September 21, 1984, 49 F.R. 39002).
    ---------------------------------------------------------------------------
        (b)(1) One part of the payments made in each fiscal year
    shall be used to conduct a national research program at the
    postdoctoral or equivalent level, such program to include--
              (A) the dissemination of information about the
            research program and the solicitation of proposals for
            research contracts from American institutions of higher
            education and not-for-profit corporations, such
            contracts to contain shared-cost provisions; and
              (B) the awarding of contracts for such research
            projects as the respective institution determines will
            best serve to carry out the purposes of this title
            after reviewing proposals submitted under subparagraph
            (A).
        (2) One part of the payments made in each fiscal year shall
    be used--
              (A) to establish and carry out a program of graduate,
            postdoctoral, and teaching fellowships for advanced
            training in studies on the countries of Eastern Europe
            and the independent states of the former Soviet Union
            \14\ and related studies, such program--
    ---------------------------------------------------------------------------
        \14\ Sec. 302(6(A) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``Soviet and Eastern European studies'' in
    paras. (2)(A), (2)(B), and (6) in sec. 805(b), and inserted in lieu
    thereof ``studies on the countries of Eastern Europe and the
    independent states of the former Soviet Union''.
    ---------------------------------------------------------------------------
                      (i) to be coordinated with the research
                    program described in paragraph (1);
                      (ii) to be conducted, on a shared-cost basis,
                    at American institutions of higher education;
                    and
                      (iii) to include--
                              (I) the dissemination of information
                            on the fellowship program and the
                            solicitation of applications for
                            fellowships from qualified institutions
                            of higher education and qualified
                            individuals; and
                              (II) the awarding of such fellowships
                            as the respective institution
                            determines will best serve to carry out
                            the purposes of this title after
                            reviewing applications submitted under
                            subclause (I); and
              (B) to disseminate research, data, and findings on
            studies on the countries of Eastern Europe and the
            independent states of the former Soviet Union \14\ and
            related fields in such a manner and to such extent as
            the respective institution determines will best serve
            to carry out the purposes of this title.
        (3) One part of the payments made in each fiscal year shall
    be used--
              (A) to provide fellowship and research support for
            American specialists in the independent states of the
            former Soviet Union and the countries of Eastern Europe
            and related fields \15\ to conduct advanced research
            with particular emphasis upon the use of data on those
            state and countries; \16\ and
    ---------------------------------------------------------------------------
        \15\ Sec. 302(6)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``fields of Soviet and Eastern European studies
    and related studies'' in paras. (3)(A) and (3)(B) of sec. 805(b), and
    inserted in lieu thereof ``independent states of the former Soviet
    Union and the countries of Eastern Europe and related fields''.
        \16\ Sec. 302(6(C) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2322) struck out ``the Soviet Union and Eastern European
    countries'' and inserted in lieu thereof ``those states and
    countries''.
    ---------------------------------------------------------------------------
              (B) to conduct seminars, conferences, and other
            similar workshops designed to facilitate research
            collaboration between Government and private
            specialists in the independent states of the former
            Soviet Union and the countries of Eastern Europe and
            related fields.\15\
        (4) One part of the payments made in each fiscal year shall
    be used to conduct specialized programs in advanced training
    and research on a reciprocal basis in the independent states of
    the former Soviet Union \17\ and the countries of Eastern
    Europe designed to facilitate access for American specialists
    to research institutes, personnel, archives, documentation, and
    other research and training resources located in those states
    and countries.\18\
    ---------------------------------------------------------------------------
        \17\ Sec. 302(6)(D)(i) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2322) struck out ``Union of Soviet Socialist Republics'' the
    first place it appeared in para. (4), and inserted in lieu thereof
    ``independent states of the former Soviet Union''.
        \18\ Sec. 302(6)(D)(ii) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2322) struck out ``the Union of Soviet Socialist Republics
    and Eastern European countries'', and inserted in lieu thereof ``those
    states and countries''.
    ---------------------------------------------------------------------------
        (5) One part of the payments made in each fiscal year shall
    be used to support training in the languages of the independent
    states of the former Soviet Union and the countries of Eastern
    Europe.\19\ Such payments shall include grants to individuals
    to pursue such training and to summer language institutes
    operated by institutions of higher education. Preference shall
    be given for Russian language studies and, as appropriate,
    studies of other languages of the independent states of the
    former Soviet Union.\20\
    ---------------------------------------------------------------------------
        \19\ Sec. 302(6)(E)(i) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2322) struck out ``language training in Russian and Eastern
    European languages.'' in the first sentence and inserted in lieu
    thereof ``training in the languages of the independent states of the
    former Soviet Union and the countries of Eastern Europe.''.
        \20\ Sec. 302(6)(E)(ii) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2322) inserted ``and, as appropriate, studies of other
    languages of the independent states of the former Soviet Union'' in the
    last sentence.
    ---------------------------------------------------------------------------
        (6) Payments may be made to carry out other research and
    training in studies on the countries of Eastern Europe and the
    independent states of the former Soviet Union \14\ not
    otherwise described in this section.

                applications; payments to eligible organizations

        Sec. 806.\21\ (a) Any institution seeking funding under
    this title shall prepare and submit an application to the
    Secretary of State once each fiscal year. Each such application
    shall--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 4505.
    ---------------------------------------------------------------------------
              (1) provide a description of the purposes for which
            the payments will be used in accordance with section
            805; and
              (2) provide such fiscal control and such accounting
            procedures as may be necessary (A) to ensure a proper
            accounting of Federal funds paid under this title, and
            (B) to ensure the verification of the costs of the
            continuing education and research programs conducted
            under this title.
        (b) Payments under this title may be made in installments,
    in advance, or by way of reimbursement, with necessary
    adjustments on account of overpayments and underpayments.

                                     report

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

                    federal control of education prohibited

        Sec. 808.\23\ Nothing contained in this title may be
    construed to authorize any department, agency, officer, or
    employee of the United States to exercise any direction,
    supervision, or control over the curriculum, program of
    instruction or research, administration, or personnel of any
    educational institution.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 4507.
    ---------------------------------------------------------------------------

                              allocation of funds

        Sec. 809.\24\ Of the funds authorized to be appropriated by
    section 102(1) of this Act--\25\
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 4508.
        Sec. 105 of the Foreign Relations Authorization Act, Fiscal Years
    1992 and 1993, (Public Law 102-138; 105 Stat. 654) provided the
    following:
        ``(2) Soviet-east european research and training.--For `Soviet-East
    European Research and Training', $4,784,000 for the fiscal year 1992
    and $5,025,000 for the fiscal year 1993.''.
        Previous years' authorizations were: fiscal year 1986--$4,800,000;
    fiscal year 1987--$5,000,000; fiscal year 1988--$4,600,000; fiscal year
    1989--$5,000,000; fiscal year 1990--$4,600,000; fiscal year 1991--
    $5,200,000.
        \25\ Sec. 102(1) authorized funds for ``Administration of foreign
    affairs'' within the Department of State for fiscal years 1984 and
    1985. Authorizations for ``Soviet-East European Research and Training''
    in following years appeared in State Department Authorization Acts for
    those years.
    ---------------------------------------------------------------------------
              (1) up to $5,000,000 for the fiscal year 1984 shall
            be available to carry out this title; and
              (2) $5,000,000 for the fiscal year 1985 shall be
            available only to carry out this title.

                                  termination

        Sec. 810.\26\ * * * [Repealed--1991]
    ---------------------------------------------------------------------------
        \26\ Formerly at 22 U.S.C. 4509. Sec. 810 was repealed by sec. 209
    of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
    (Public Law 102-138; 105 Stat. 694). It had provided that ``The
    provisions of this title shall cease to be effective at the end of the
    10-year period beginning on the date of enactment of this title.''.
                  (13) Central European Enterprise Development

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

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

    Executive Order 12703, February 20, 1990, 55 F.R. 6351, 22 U.S.C. 5401
      note; as amended by Executive Order 13118, March 31, 1999, 64 F.R.
                                     16595

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Support for East European Democracy (SEED) Act
    (P.L. 101-179, hereinafter referred to as the ``Act'') and
    section 301 of Title 3 of the United States Code, it is hereby
    ordered as follows:
        Section 1. SEED Program Coordinator. The functions
    conferred by Title VII of the Act relating to reports to the
    Congress are hereby delegated to the Coordinator of the SEED
    Program. The Coordinator is authorized to assign responsibility
    for particular aspects of the reports to appropriate agencies.
        Sec. 2.\1\ Department of State. The functions conferred
    upon the President by section 201 of the Act relating to
    Enterprise Funds for Poland and Hungary are hereby delegated
    tot he Secretary of State.
    ---------------------------------------------------------------------------
        \1\ Sec. 10(2) of Executive Order 13118 (64 F.R. 16598) amended and
    restated sec. 2, which formerly had delegated functions pursuant to
    sec. 201 of the SEED Act to the Administrator of the United States
    Agency for International Development.
    ---------------------------------------------------------------------------
        Sec. 3. Department of Commerce. The functions conferred
    upon the President by section 602 of the Act regarding the
    establishment of a SEED Information Center System in
    cooperation with the Governments of Poland and Hungary are
    hereby delegated to the Secretary of Commerce. This authority
    is to be exercised in consultation with the SEED Program
    Coordinator and in consultation with other agencies as
    appropriate.
        Sec. 4. Department of the Treasury. The functions conferred
    upon the President by section 104 of the Act regarding debt
    reduction of certain East European countries are hereby
    delegated to the Secretary of the Treasury. The Secretary shall
    consult, as appropriate, with other relevant agencies in
    exercising the functions herein delegated.
    (15) Delegation of Functions Under the FREEDOM Support Act and Related
      Provisions of the Foreign Operations, Export Financing, and Related
                          Programs Appropriations Act

      Executive Order 12884 of December 1, 1993; 58 F.R. 64099; 22 U.S.C.
     5812 note; amended by Executive Order 13030 of December 12, 1996, 61
    F.R. 66187; and by Executive Order 13118, March 31, 1999, 64 F.R. 16595

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the FREEDOM Support Act (Public Law 102-511) (the
    ``Act''), the Foreign Assistance Act of 1961, as amended (the
    ``Foreign Assistance Act''), the Foreign Operations, Export
    Financing and Related Programs Appropriations Act, 1993 (Public
    Law 102-391), and section 301 of title 3, United States Code,
    it is hereby ordered as follows:
        Section 1. Secretary of State. (a) There are delegated to
    the Secretary of State the functions conferred upon the
    President by:
              (1) section 907 of the Act;
              (2) paragraphs (1), (2), (3), and (5) \1\ of section
            498A(b) of the Foreign Assistance Act;
    ---------------------------------------------------------------------------
        \1\ Sec. 3 of Executive Order 13030, December 12, 1996 (61 F.R.
    66187), added reference to para. (5).
    ---------------------------------------------------------------------------
              (3) paragraph (1) of section 498A(C) of the Foreign
            Assistance Act and the requirement to make reports
            under that section regarding determinations under that
            paragraph; and
              (4) section 599B of Public Law 102-391.
        (b) The Secretary of State may at any time exercise any
    function delegated to the Coordinator under this order or
    otherwise assigned to the Coordinator.
        Sec. 2. Coordinator. There are delegated to the Coordinator
    designated in accordance with section 102 of the Act the
    functions conferred upon the President by:
        (a) section 104 of the Act, and the Coordinator is
    authorized to assign responsibility for particular aspects of
    the reports described in that section to the heads of
    appropriate agencies;
        (b) section 301 of the Act, insofar as it relates to
    determinations and directives;
        (c) section 498A(a), section 498B(c), and section 498B(g)
    of the Foreign Assistance Act; and
        (d) paragraph (2) of section 498A(c) of the Foreign
    Assistance Act and the requirement to make reports under that
    section regarding determinations under that paragraph.
        Sec. 3.\2\ Secretary of State--Additional Functions. There
    are delegated to the Secretary of State the functions conferred
    upon the President by:
    ---------------------------------------------------------------------------
        \2\ Sec. 1422(a)(4) of the Foreign Affairs Reform and Restructuring
    Act of 1998 (Public Law 105-277; 112 Stat. 2681-792) stated that sec. 3
    ``shall cease to be effective''. Sec. 10(1)(a) of Executive Order 13118
    (64 F.R. 16598), however, subsequently struck out ``International
    Development Cooperation Agency. There are delegated to the United
    States International Development Cooperation the functions conferred
    upon the President by:'' and inserted in lieu thereof ``Secretary of
    State--Additional Functions. There are delegated to the Secretary of
    State the functions conferred upon the President by:''.
    ---------------------------------------------------------------------------
        (a) sections 301(a) and 307 of the Act, except insofar as
    provided otherwise in section 2(b) of this order;
        (b) section 498 and section 498C(b)(2) of the Foreign
    Assistance Act;
        (c) paragraph (3) of section 498A(c) of the Foreign
    Assistance Act and the requirement to make reports under that
    section regarding determinations under that paragraph;
        (d) subsection (d) under the heading ``Assistance for the
    New Independent States of the Former Soviet Union'' contained
    in Title II of Public Law 102-391; and
        (e) section 592 of Public Law 102-391, except to the extent
    otherwise provided in section 5(b) of this order.
        Sec. 4. Secretary of Agriculture. There are delegated to
    the Secretary of Agriculture the functions conferred upon the
    President by section 807(d) of the Act.
        Sec. 5. Other Agencies. The functions conferred upon the
    President by:
        (a) sections 498B(h) and 498B(i) of the Foreign Assistance
    Act are delegated to the head of the agency that is responsible
    for administering the particular program or activity with
    respect to which the authority is to be exercised; and
        (b) the third proviso in section 592 of Public Law 102-391
    are delegated to the head of each agency that is responsible
    for administering relevant programs or activities.
        Sec. 6. General. (a) The functions described in sections 4
    and 5 \3\ of this order shall be exercised subject to the
    authority of the Coordinator under section 102(a) of the Act or
    otherwise.
    ---------------------------------------------------------------------------
        \3\ Sec. 10(1)(b) of Executive Order 13118 (64 F.R. 16598) struck
    out ``3, 4, and 5'' and inserted in lieu thereof ``4 and 5''.
    ---------------------------------------------------------------------------
        (b) As used in this order, the word ``function'' includes
    any duty, obligations, power, authority, responsibility, right,
    privilege, discretion, or activity.
        (c) Functions delegated under this order shall be construed
    as excluded from the functions delegated under section 1-102(a)
    of Executive Order No. 12161, as amended.
        (d) Any officer to whom functions are delegated or
    otherwise assigned under this order may, to the extent
    consistent with law, redelegate such functions and authorize
    their successive redelegation.
                          c. Assistance to Africa \1\

            (1) Zimbabwe Democracy and Economic Recovery Act of 2001

     Public Law 107-99 [S. 494], 115 Stat. 962, approved December 21, 2001

    AN ACT To provide for a transition to democracy and to promote economic
                             recovery in Zimbabwe.

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

    SECTION 1.\2\ SHORT TITLE.

        This Act may be cited as the ``Zimbabwe Democracy and
    Economic Recovery Act of 2001''.
    ---------------------------------------------------------------------------
        \1\ See also the Comprehensive Peace in Sudan Act of 2004 (Public
    Law 108-497) and the Sudan Peace Act (Public Law 107-245), in
    Legislation on Foreign Relations Through 2005, vol. I-A.
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2. STATEMENT OF POLICY.

        It is the policy of the United States to support the people
    of Zimbabwe in their struggle to effect peaceful, democratic
    change, achieve broad-based and equitable economic growth, and
    restore the rule of law.

    SEC. 3. DEFINITIONS.

        In this Act:
              (1) International financial institutions.--The term
            ``international financial institutions'' means the
            multilateral development banks and the International
            Monetary Fund.
              (2) 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.

    SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

        (a) Findings.--Congress makes the following findings:
              (1) Through economic mismanagement, undemocratic
            practices, and the costly deployment of troops to the
            Democratic Republic of the Congo, the Government of
            Zimbabwe has rendered itself ineligible to participate
            in International Bank for Reconstruction and
            Development and International Monetary Fund programs,
            which would otherwise be providing substantial
            resources to assist in the recovery and modernization
            of Zimbabwe's economy. The people of Zimbabwe have thus
            been denied the economic and democratic benefits
            envisioned by the donors to such programs, including
            the United States.
              (2) In September 1999 the IMF suspended its support
            under a ``Stand By Arrangement'', approved the previous
            month, for economic adjustment and reform in Zimbabwe.
              (3) In October 1999, the International Development
            Association (in this section referred to as the
            ``IDA'') suspended all structural adjustment loans,
            credits, and guarantees to the Government of Zimbabwe.
              (4) In May 2000, the IDA suspended all other new
            lending to the Government of Zimbabwe.
              (5) In September 2000, the IDA suspended disbursement
            of funds for ongoing projects under previously-approved
            loans, credits, and guarantees to the Government of
            Zimbabwe.
        (b) Support for Democratic Transition and Economic
    Recovery.--
              (1) Bilateral debt relief.--Upon receipt by the
            appropriate congressional committees of a certification
            described in subsection (d), the Secretary of the
            Treasury shall undertake a review of the feasibility of
            restructuring, rescheduling, or eliminating the
            sovereign debt of Zimbabwe held by any agency of the
            United States Government.
              (2) Multilateral debt relief and other financial
            assistance.--It is the sense of Congress that, upon
            receipt by the appropriate congressional committees of
            a certification described in subsection (d), the
            Secretary of the Treasury should--
                      (A) direct the United States executive
                    director of each multilateral development bank
                    to propose that the bank should undertake a
                    review of the feasibility of restructuring,
                    rescheduling, or eliminating the sovereign debt
                    of Zimbabwe held by that bank; and
                      (B) direct the United States executive
                    director of each international financial
                    institution to which the United States is a
                    member to propose to undertake financial and
                    technical support for Zimbabwe, especially
                    support that is intended to promote Zimbabwe's
                    economic recovery and development, the
                    stabilization of the Zimbabwean dollar, and the
                    viability of Zimbabwe's democratic
                    institutions.
        (c) Multilateral Financing Restriction.--Until the
    President makes the certification described in subsection (d),
    and except as may be required to meet basic human needs or for
    good governance, the Secretary of the Treasury shall instruct
    the United States executive director to each international
    financial institution to oppose and vote against--
              (1) any extension by the respective institution of
            any loan, credit, or guarantee to the Government of
            Zimbabwe; or
              (2) any cancellation or reduction of indebtedness
            owed by the Government of Zimbabwe to the United States
            or any international financial institution.
        (d) Presidential Certification That Certain Conditions Are
    Satisfied.--A certification under this subsection is a
    certification transmitted to the appropriate congressional
    committees of a determination made by the President that the
    following conditions are satisfied:
              (1) Restoration of the rule of law.--The rule of law
            has been restored in Zimbabwe, including respect for
            ownership and title to property, freedom of speech and
            association, and an end to the lawlessness, violence,
            and intimidation sponsored, condoned, or tolerated by
            the Government of Zimbabwe, the ruling party, and their
            supporters or entities.
              (2) Election or pre-election conditions.--Either of
            the following two conditions is satisfied:
                      (A) Presidential election.--Zimbabwe has held
                    a presidential election that is widely accepted
                    as free and fair by independent international
                    monitors, and the president-elect is free to
                    assume the duties of the office.
                      (B) Pre-election conditions.--In the event
                    the certification is made before the
                    presidential election takes place, the
                    Government of Zimbabwe has sufficiently
                    improved the pre-election environment to a
                    degree consistent with accepted international
                    standards for security and freedom of movement
                    and association.
              (3) Commitment to equitable, legal, and transparent
            land reform.--The Government of Zimbabwe has
            demonstrated a commitment to an equitable, legal, and
            transparent land reform program consistent with
            agreements reached at the International Donors'
            Conference on Land Reform and Resettlement in Zimbabwe
            held in Harare, Zimbabwe, in September 1998.
              (4) Fulfillment of agreement ending war in democratic
            republic of congo.--The Government of Zimbabwe is
            making a good faith effort to fulfill the terms of the
            Lusaka, Zambia, agreement on ending the war in the
            Democratic Republic of Congo.
              (5) Military and national police subordinate to
            civilian government.--The Zimbabwean Armed Forces, the
            National Police of Zimbabwe, and other state security
            forces are responsible to and serve the elected
            civilian government.
        (e) Waiver.--The President may waive the provisions of
    subsection (b)(1) or subsection (c), if the President
    determines that it is in the national interest of the United
    States to do so.

    SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND
                        INDEPENDENT MEDIA, AND THE RULE OF LAW.

        (a) In General.--The President is authorized to provide
    assistance under part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961 to--
              (1) support an independent and free press and
            electronic media in Zimbabwe;
              (2) support equitable, legal, and transparent
            mechanisms of land reform in Zimbabwe, including the
            payment of costs related to the acquisition of land and
            the resettlement of individuals, consistent with the
            International Donors' Conference on Land Reform and
            Resettlement in Zimbabwe held in Harare, Zimbabwe, in
            September 1998, or any subsequent agreement relating
            thereto; and
              (3) provide for democracy and governance programs in
            Zimbabwe.
        (b) Funding.--Of the funds authorized to be appropriated to
    carry out part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961 for fiscal year 2002--
              (1) $20,000,000 is authorized to be available to
            provide the assistance described in subsection (a)(2);
            and
              (2) $6,000,000 is authorized to be available to
            provide the assistance described in subsection (a)(3).
        (c) Supersedes Other Laws.--The authority in this section
    supersedes any other provision of law.

    SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST
                        INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE
                        BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.

        It is the sense of Congress that the President should begin
    immediate consultation with the governments of European Union
    member states, Canada, and other appropriate foreign countries
    on ways in which to--
              (1) identify and share information regarding
            individuals responsible for the deliberate breakdown of
            the rule of law, politically motivated violence, and
            intimidation in Zimbabwe;
              (2) identify assets of those individuals held outside
            Zimbabwe;
              (3) implement travel and economic sanctions against
            those individuals and their associates and families;
            and
              (4) provide for the eventual removal or amendment of
            those sanctions.
                     (2) African Growth and Opportunity Act

    Partial text of Public Law 106-200 [Trade and Development Act of 2000;
                H.R. 4283], 114 Stat. 251, approved May 18, 2000

     AN ACT To authorize a new trade and investment policy for sub-Saharan
    Africa, expand trade benefits to the countries in the Caribbean Basin,
    renew the generalized system of preferences, and reauthorize the trade
                        adjustment assistance programs.

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

       TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA

                Subtitle A--Trade Policy for Sub-Saharan Africa

    SEC. 101.\1\ SHORT TITLE.

        This title may be cited as the ``African Growth and
    Opportunity Act''.
    ---------------------------------------------------------------------------
        \1\ 19 U.S.C. 3701 note.
    ---------------------------------------------------------------------------

    SEC. 102.\2\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 19 U.S.C. 3701.
    ---------------------------------------------------------------------------
              (1) it is in the mutual interest of the United States
            and the countries of sub-Saharan Africa to promote
            stable and sustainable economic growth and development
            in sub-Saharan Africa;
              (2) the 48 countries of sub-Saharan Africa form a
            region richly endowed with both natural and human
            resources;
              (3) sub-Saharan Africa represents a region of
            enormous economic potential and of enduring political
            significance to the United States;
              (4) the region has experienced the strengthening of
            democracy as countries in sub-Saharan Africa have taken
            steps to encourage broader participation in the
            political process;
              (5) certain countries in sub-Saharan Africa have
            increased their economic growth rates, taken
            significant steps towards liberalizing their economies,
            and made progress toward regional economic integration
            that can have positive benefits for the region;
              (6) despite those gains, the per capita income in
            sub-Saharan Africa averages approximately $500
            annually;
              (7) trade and investment, as the American experience
            has shown, can represent powerful tools both for
            economic development and for encouraging broader
            participation in a political process in which political
            freedom can flourish;
              (8) increased trade and investment flows have the
            greatest impact in an economic environment in which
            trading partners eliminate barriers to trade and
            capital flows and encourage the development of a
            vibrant private sector that offers individual African
            citizens the freedom to expand their economic
            opportunities and provide for their families;
              (9) offering the countries of sub-Saharan Africa
            enhanced trade preferences will encourage both higher
            levels of trade and direct investment in support of the
            positive economic and political developments under way
            throughout the region; and
              (10) encouraging the reciprocal reduction of trade
            and investment barriers in Africa will enhance the
            benefits of trade and investment for the region as well
            as enhance commercial and political ties between the
            United States and sub-Saharan Africa.

    SEC. 103.\3\ STATEMENT OF POLICY.

        Congress supports--
    ---------------------------------------------------------------------------
        \3\ 19 U.S.C. 3702.
    ---------------------------------------------------------------------------
              (1) encouraging increased trade and investment
            between the United States and sub-Saharan Africa;
              (2) reducing tariff and nontariff barriers and other
            obstacles to sub-Saharan African and United States
            trade;
              (3) expanding United States assistance to sub-Saharan
            Africa's regional integration efforts;
              (4) negotiating reciprocal and mutually beneficial
            trade agreements, including the possibility of
            establishing free trade areas that serve the interests
            of both the United States and the countries of sub-
            Saharan Africa;
              (5) focusing on countries committed to the rule of
            law, economic reform, and the eradication of poverty;
              (6) strengthening and expanding the private sector in
            sub-Saharan Africa, especially enterprises owned by
            women and small businesses;
              (7) facilitating the development of civil societies
            and political freedom in sub-Saharan Africa;
              (8) establishing a United States-Sub-Saharan Africa
            Trade and Economic Cooperation Forum; and
              (9) the accession of the countries in sub-Saharan
            Africa to the Organization for Economic Cooperation and
            Development (OECD) Convention on Combating Bribery of
            Foreign Public Officials in International Business
            Transactions.

    SEC. 104.\4\ ELIGIBILITY REQUIREMENTS.

        (a) In General.--The President is authorized to designate a
    sub-Saharan African country as an eligible sub-Saharan African
    country if the President determines that the country--
    ---------------------------------------------------------------------------
        \4\ 19 U.S.C. 3703.
    ---------------------------------------------------------------------------
              (1) has established, or is making continual progress
            toward establishing--
                      (A) a market-based economy that protects
                    private property rights, incorporates an open
                    rules-based trading system, and minimizes
                    government interference in the economy through
                    measures such as price controls, subsidies, and
                    government ownership of economic assets;
                      (B) the rule of law, political pluralism, and
                    the right to due process, a fair trial, and
                    equal protection under the law;
                      (C) the elimination of barriers to United
                    States trade and investment, including by--
                              (i) the provision of national
                            treatment and measures to create an
                            environment conducive to domestic and
                            foreign investment;
                              (ii) the protection of intellectual
                            property; and
                              (iii) the resolution of bilateral
                            trade and investment disputes;
                      (D) economic policies to reduce poverty,
                    increase the availability of health care and
                    educational opportunities, expand physical
                    infrastructure, promote the development of
                    private enterprise, and encourage the formation
                    of capital markets through micro-credit or
                    other programs;
                      (E) a system to combat corruption and
                    bribery, such as signing and implementing the
                    Convention on Combating Bribery of Foreign
                    Public Officials in International Business
                    Transactions; and
                      (F) protection of internationally recognized
                    worker rights, including the right of
                    association, the right to organize and bargain
                    collectively, a prohibition on the use of any
                    form of forced or compulsory labor, a minimum
                    age for the employment of children, and
                    acceptable conditions of work with respect to
                    minimum wages, hours of work, and occupational
                    safety and health;
              (2) does not engage in activities that undermine
            United States national security or foreign policy
            interests; and
              (3) does not engage in gross violations of
            internationally recognized human rights or provide
            support for acts of international terrorism and
            cooperates in international efforts to eliminate human
            rights violations and terrorist activities.
        (b) Continuing Compliance.--If the President determines
    that an eligible sub-Saharan African country is not making
    continual progress in meeting the requirements described in
    subsection (a)(1), the President shall terminate the
    designation of the country made pursuant to subsection (a).

    SEC. 105.\5\ UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECONOMIC
                        COOPERATION FORUM.

        (a) Declaration of Policy.--The President shall convene
    annual high-level meetings between appropriate officials of the
    United States Government and officials of the governments of
    sub-Saharan African countries in order to foster close economic
    ties between the United States and sub-Saharan Africa.
    ---------------------------------------------------------------------------
        \5\ 19 U.S.C. 3704.
    ---------------------------------------------------------------------------
        (b) Establishment.--Not later than 12 months after the date
    of the enactment of this Act, the President, after consulting
    with Congress and the governments concerned, shall establish a
    United States-Sub-Saharan Africa Trade and Economic Cooperation
    Forum (in this section referred to as the ``Forum'').
        (c) Requirements.--In creating the Forum, the President
    shall meet the following requirements:
              (1) The President shall direct the Secretary of
            Commerce, the Secretary of the Treasury, the Secretary
            of State, and the United States Trade Representative to
            host the first annual meeting with their counterparts
            from the governments of sub-Saharan African countries
            eligible under section 104, and those sub-Saharan
            African countries that the President determines are
            taking substantial positive steps towards meeting the
            eligibility requirements in section 104. The purpose of
            the meeting shall be to discuss expanding trade and
            investment relations between the United States and sub-
            Saharan Africa and the implementation of this title
            including encouraging joint ventures between small and
            large businesses. The President shall also direct the
            Secretaries and the United States Trade Representative
            to invite to the meeting representatives from
            appropriate sub-Saharan African regional organizations
            and government officials from other appropriate
            countries in sub-Saharan Africa.
              (2)(A) The President, in consultation with the
            Congress, shall encourage United States nongovernmental
            organizations to host annual meetings with
            nongovernmental organizations from sub-Saharan Africa
            in conjunction with the annual meetings of the Forum
            for the purpose of discussing the issues described in
            paragraph (1).
              (B) The President, in consultation with the Congress,
            shall encourage United States representatives of the
            private sector to host annual meetings with
            representatives of the private sector from sub-Saharan
            Africa in conjunction with the annual meetings of the
            Forum for the purpose of discussing the issues
            described in paragraph (1).
              (3) The President shall, to the extent practicable,
            meet with the heads of governments of sub-Saharan
            African countries eligible under section 104, and those
            sub-Saharan African countries that the President
            determines are taking substantial positive steps toward
            meeting the eligibility requirements in section 104,
            not less than once every 2 years for the purpose of
            discussing the issues described in paragraph (1). The
            first such meeting should take place not later than 12
            months after the date of the enactment of this Act.
        (d) Dissemination of Information by USIS.--In order to
    assist in carrying out the purposes of the Forum, the United
    States Information Service shall disseminate regularly, through
    multiple media, economic information in support of the free
    market economic reforms described in this title.
        (e) HIV/AIDS Effect on the sub-Saharan African Workforce.--
    In selecting issues of common interest to the United States-
    Sub-Saharan Africa Trade and Economic Cooperation Forum, the
    President shall instruct the United States delegates to the
    Forum to promote a review by the Forum of the HIV/AIDS epidemic
    in each sub-Saharan African country and the effect of the HIV/
    AIDS epidemic on economic development in each country.

    SEC. 106.\6\ REPORTING REQUIREMENT.

        The President shall submit to the Congress, not later than
    1 year after the date of the enactment of this Act, and
    annually thereafter through 2008, a comprehensive report on the
    trade and investment policy of the United States for sub-
    Saharan Africa, and on the implementation of this title and the
    amendments made by this title.
    ---------------------------------------------------------------------------
        \6\ 19 U.S.C. 3705.
    ---------------------------------------------------------------------------

    SEC. 107.\7\ SUB-SAHARAN AFRICA DEFINED.

        For purposes of this title, the terms ``sub-Saharan
    Africa'', ``sub-Saharan African country'', ``country in sub-
    Saharan Africa'', and ``countries in sub-Saharan Africa'' refer
    to the following or any successor political entities:
    ---------------------------------------------------------------------------
        \7\ 19 U.S.C. 3706.
    ---------------------------------------------------------------------------
              Republic of Angola (Angola).
              Republic of Benin (Benin).
              Republic of Botswana (Botswana).
              Burkina Faso (Burkina).
              Republic of Burundi (Burundi).
              Republic of Cameroon (Cameroon).
              Republic of Cape Verde (Cape Verde).
              Central African Republic.
              Republic of Chad (Chad).
              Federal Islamic Republic of the Comoros (Comoros).
              Democratic Republic of Congo.
              Republic of the Congo (Congo).
              Republic of Cote d'Ivoire (Cote d'Ivoire).
              Republic of Djibouti (Djibouti).
              Republic of Equatorial Guinea (Equatorial Guinea).
              State of Eritrea (Eritrea).
              Ethiopia.
              Gabonese Republic (Gabon).
              Republic of the Gambia (Gambia).
              Republic of Ghana (Ghana).
              Republic of Guinea (Guinea).
              Republic of Guinea-Bissau (Guinea-Bissau).
              Republic of Kenya (Kenya).
              Kingdom of Lesotho (Lesotho).
              Republic of Liberia (Liberia).
              Republic of Madagascar (Madagascar).
              Republic of Malawi (Malawi).
              Republic of Mali (Mali).
              Islamic Republic of Mauritania (Mauritania).
              Republic of Mauritius (Mauritius).
              Republic of Mozambique (Mozambique).
              Republic of Namibia (Namibia).
              Republic of Niger (Niger).
              Federal Republic of Nigeria (Nigeria).
              Republic of Rwanda (Rwanda).
              Democratic Republic of Sao Tome and Principe (Sao
            Tome and Principe).
              Republic of Senegal (Senegal).
              Republic of Seychelles (Seychelles).
              Republic of Sierra Leone (Sierra Leone).
              Somalia.
              Republic of South Africa (South Africa).
              Republic of Sudan (Sudan).
              Kingdom of Swaziland (Swaziland).
              United Republic of Tanzania (Tanzania).
              Republic of Togo (Togo).
              Republic of Uganda (Uganda).
              Republic of Zambia (Zambia).
              Republic of Zimbabwe (Zimbabwe).

                         Subtitle B--Trade Benefits \8\
    ---------------------------------------------------------------------------

        \8\ Subtitle B, pertaining to trade, may be found in Legislation on
    Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
              * * * * * * *

                Subtitle C--Economic Development Related Issues

    SEC. 121.\9\ SENSE OF THE CONGRESS REGARDING COMPREHENSIVE DEBT RELIEF
                        FOR THE WORLD'S POOREST COUNTRIES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \9\ 19 U.S.C. 3731.
    ---------------------------------------------------------------------------
              (1) The burden of external debt has become a major
            impediment to economic growth and poverty reduction in
            many of the world's poorest countries.
              (2) Until recently, the United States Government and
            other official creditors sought to address this problem
            by rescheduling loans and in some cases providing
            limited debt reduction.
              (3) Despite such efforts, the cumulative debt of many
            of the world's poorest countries continued to grow
            beyond their capacity to repay.
              (4) In 1997, the Group of Seven, the World Bank, and
            the International Monetary Fund adopted the Heavily
            Indebted Poor Countries Initiative (HIPC), a commitment
            by the international community that all multilateral
            and bilateral creditors, acting in a coordinated and
            concerted fashion, would reduce poor country debt to a
            sustainable level.
              (5) The HIPC Initiative is currently undergoing
            reforms to address concerns raised about country
            conditionality, the amount of debt forgiven, and the
            allocation of savings realized through the debt
            forgiveness program to ensure that the Initiative
            accomplishes the goals of economic growth and poverty
            alleviation in the world's poorest countries.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) Congress and the President should work together,
            without undue delay and in concert with the
            international community, to make comprehensive debt
            relief available to the world's poorest countries in a
            manner that promotes economic growth and poverty
            alleviation;
              (2) this program of bilateral and multilateral debt
            relief should be designed to strengthen and expand the
            private sector, encourage increased trade and
            investment, support the development of free markets,
            and promote broad-scale economic growth in beneficiary
            countries;
              (3) this program of debt relief should also support
            the adoption of policies to alleviate poverty and to
            ensure that benefits are shared widely among the
            population, such as through initiatives to advance
            education, improve health, combat AIDS, and promote
            clean water and environmental protection;
              (4) these debt relief agreements should be designed
            and implemented in a transparent manner and with the
            broad participation of the citizenry of the debtor
            country and should ensure that country circumstances
            are adequately taken into account;
              (5) no country should receive the benefits of debt
            relief if that country does not cooperate with the
            United States on terrorism or narcotics enforcement, is
            a gross violator of the human rights of its citizens,
            or is engaged in conflict or spends excessively on its
            military; and
              (6) in order to prevent adverse impact on a key
            industry in many developing countries, the
            International Monetary Fund must mobilize its own
            resources for providing debt relief to eligible
            countries without allowing gold to reach the open
            market, or otherwise adversely affecting the market
            price of gold.

    SEC. 122.\10\ EXECUTIVE BRANCH INITIATIVES.

        (a) Statement of the Congress.--The Congress recognizes
    that the stated policy of the executive branch in 1997, the
    ``Partnership for Growth and Opportunity in Africa''
    initiative, is a step toward the establishment of a
    comprehensive trade and development policy for sub-Saharan
    Africa. It is the sense of the Congress that this Partnership
    is a companion to the policy goals set forth in this title.
    ---------------------------------------------------------------------------
        \10\ 19 U.S.C. 3732.
    ---------------------------------------------------------------------------
        (b) Technical Assistance To Promote Economic Reforms and
    Development.--In addition to continuing bilateral and
    multilateral economic and development assistance, the President
    shall target technical assistance toward--
              (1) developing relationships between United States
            firms and firms in sub-Saharan Africa through a variety
            of business associations and networks;
              (2) providing assistance to the governments of sub-
            Saharan African countries to--
                      (A) liberalize trade and promote exports;
                      (B) bring their legal regimes into compliance
                    with the standards of the World Trade
                    Organization in conjunction with membership in
                    that Organization;
                      (C) make financial and fiscal reforms; and
                      (D) promote greater agribusiness linkages;
              (3) addressing such critical agricultural policy
            issues as market liberalization, agricultural export
            development, and agribusiness investment in processing
            and transporting agricultural commodities;
              (4) increasing the number of reverse trade missions
            to growth-oriented countries in sub-Saharan Africa;
              (5) increasing trade in services; and
              (6) encouraging greater sub-Saharan African
            participation in future negotiations in the World Trade
            Organization on services and making further commitments
            in their schedules to the General Agreement on Trade in
            Services in order to encourage the removal of tariff
            and nontariff barriers.

    SEC. 123.\11\ 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.
    ---------------------------------------------------------------------------
        \11\ 19 U.S.C. 3733.
    ---------------------------------------------------------------------------
        (b) Structure and Types of Funds.--
              (1) Structure.--Each fund initiated under subsection
            (a) should be structured as a partnership managed by
            professional private sector fund managers and monitored
            on a continuing basis by the Corporation.
              (2) Capitalization.--Each fund should be capitalized
            with a combination of private equity capital, which is
            not guaranteed by the Corporation, and debt for which
            the Corporation provides guaranties.
              (3) Infrastructure fund.--One or more of the funds,
            with combined assets of up to $500,000,000, should be
            used in support of infrastructure projects in countries
            of sub-Saharan Africa.
              (4) Emphasis.--The Corporation shall ensure that the
            funds are used to provide support in particular to
            women entrepreneurs and to innovative investments that
            expand opportunities for women and maximize employment
            opportunities for poor individuals.
        (c) Overseas Private Investment Corporation.--
              (1) Investment advisory council.--Section 233 of the
            Foreign Assistance Act of 1961 is amended by adding at
            the end the following: \12\
    ---------------------------------------------------------------------------
        \12\ See Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        ``(e) 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.''.
              (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. 124.\13\ EXPORT-IMPORT BANK INITIATIVES.

        (a) Sense of the Congress.--It is the sense of the Congress
    that the Board of Directors of the Bank shall continue to take
    comprehensive measures, consistent with the credit standards
    otherwise required by law, to promote the expansion of the
    Bank's financial commitments in sub-Saharan Africa under the
    loan, guarantee and insurance programs of the Bank.
    ---------------------------------------------------------------------------
        \13\ 19 U.S.C. 3734.
    ---------------------------------------------------------------------------
        (b) Sub-Saharan Africa Advisory Committee.--The sub-Saharan
    Africa Advisory Committee (SAAC) is to be commended for aiding
    the Bank in advancing the economic partnership between the
    United States and the nations of sub-Saharan Africa by doubling
    the number of sub-Saharan African countries in which the Bank
    is open for traditional financing and by increasing by tenfold
    the Bank's support for sales to sub-Saharan Africa from fiscal
    year 1998 to fiscal year 1999. The Board of Directors of the
    Bank and its staff shall continue to review carefully the sub-
    Saharan Africa Advisory Committee recommendations on the
    development and implementation of new and innovative policies
    and programs designed to promote the Bank's expansion in sub-
    Saharan Africa.

    SEC. 125.\14\ EXPANSION OF THE UNITED STATES AND FOREIGN COMMERCIAL
                        SERVICE IN SUB-SAHARAN AFRICA.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \14\ 19 U.S.C. 3735.
    ---------------------------------------------------------------------------
              (1) The United States and Foreign Commercial Service
            (hereafter in this section referred to as the
            ``Commercial Service'') plays an important role in
            helping United States businesses identify export
            opportunities and develop reliable sources of
            information on commercial prospects in foreign
            countries.
              (2) During the 1980s, the presence of the Commercial
            Service in sub-Saharan Africa consisted of 14
            professionals providing services in eight countries. By
            early 1997, that presence had been reduced by half to
            seven professionals in only four countries.
              (3) Since 1997, the Department of Commerce has slowly
            begun to increase the presence of the Commercial
            Service in sub-Saharan Africa, adding five full-time
            officers to established posts.
              (4) Although the Commercial Service Officers in these
            countries have regional responsibilities, this kind of
            coverage does not adequately service the needs of
            United States businesses attempting to do business in
            sub-Saharan Africa.
              (5) The Congress has, on several occasions,
            encouraged the Commercial Service to focus its
            resources and efforts in countries or regions in Europe
            or Asia to promote greater United States export
            activity in those markets, and similar encouragement
            should be provided for countries in sub-Saharan Africa
            as well.
              (6) Because market information is not widely
            available in many sub-Saharan African countries, the
            presence of additional Commercial Service Officers and
            resources can play a significant role in assisting
            United States businesses in markets in those countries.
        (b) Appointments.--Subject to the availability of
    appropriations, by not later than December 31, 2001, the
    Secretary of Commerce, acting through the Assistant Secretary
    of Commerce and Director General of the United States and
    Foreign Commercial Service, shall take steps to ensure that--
              (1) at least 20 full-time Commercial Service
            employees are stationed in sub-Saharan Africa; and
              (2) full-time Commercial Service employees are
            stationed in not less than 10 different sub-Saharan
            African countries.
        (c) Initiative for Sub-Saharan Africa.--In order to
    encourage the export of United States goods and services to
    sub-Saharan African countries, the International Trade
    Administration shall make a special effort to--
              (1) identify United States goods and services which
            are the best prospects for export by United States
            companies to sub-Saharan Africa;
              (2) identify, where appropriate, tariff and nontariff
            barriers that are preventing or hindering sales of
            United States goods and services to, or the operation
            of United States companies in, sub-Saharan Africa;
              (3) hold discussions with appropriate authorities in
            sub-Saharan Africa on the matters described in
            paragraphs (1) and (2) with a view to securing
            increased market access for United States exporters of
            goods and services;
              (4) identify current resource allocations and
            personnel levels in sub-Saharan Africa for the
            Commercial Service and consider plans for the
            deployment of additional resources or personnel to that
            region; and
              (5) make available to the public, through printed and
            electronic means of communication, the information
            derived pursuant to paragraphs (1) through (4) for each
            of the 4 years after the date of the enactment of this
            Act.

    SEC. 126.\15\ DONATION OF AIR TRAFFIC CONTROL EQUIPMENT TO ELIGIBLE
                        SUB-SAHARAN AFRICAN COUNTRIES.

        It is the sense of the Congress that, to the extent
    appropriate, the United States Government should make every
    effort to donate to governments of sub-Saharan African
    countries determined to be eligible under section 104 air
    traffic control equipment that is no longer in use, including
    appropriate related reimbursable technical assistance.
    ---------------------------------------------------------------------------
        \15\ 19 U.S.C. 3736.
    ---------------------------------------------------------------------------

    SEC. 127.\16\ ADDITIONAL AUTHORITIES AND INCREASED FLEXIBILITY TO
                        PROVIDE ASSISTANCE UNDER THE DEVELOPMENT FUND FOR
                        AFRICA.

        (a) Use of Sustainable Development Assistance To Support
    Further Economic Growth.--It is the sense of the Congress that
    sustained economic growth in sub-Saharan Africa depends in
    large measure upon the development of a receptive environment
    for trade and investment, and that to achieve this objective
    the United States Agency for International Development should
    continue to support programs which help to create this
    environment. Investments in human resources, development, and
    implementation of free market policies, including policies to
    liberalize agricultural markets and improve food security, and
    the support for the rule of law and democratic governance
    should continue to be encouraged and enhanced on a bilateral
    and regional basis.
    ---------------------------------------------------------------------------
        \16\ 19 U.S.C. 3737.
    ---------------------------------------------------------------------------
        (b) Declarations of Policy.--The Congress makes the
    following declarations:
              (1) The Development Fund for Africa established under
            chapter 10 of part I of the Foreign Assistance Act of
            1961 (22 U.S.C. 2293 et seq.) has been an effective
            tool in providing development assistance to sub-Saharan
            Africa since 1988.
              (2) The Development Fund for Africa will complement
            the other provisions of this title and lay a foundation
            for increased trade and investment opportunities
            between the United States and sub-Saharan Africa.
              (3) Assistance provided through the Development Fund
            for Africa will continue to support programs and
            activities that promote the long term economic
            development of sub-Saharan Africa, such as programs and
            activities relating to the following:
                      (A) Strengthening primary and vocational
                    education systems, especially the acquisition
                    of middle-level technical skills for operating
                    modern private businesses and the introduction
                    of college level business education, including
                    the study of international business, finance,
                    and stock exchanges.
                      (B) Strengthening health care systems.
                      (C) Supporting democratization, good
                    governance and civil society and conflict
                    resolution efforts.
                      (D) Increasing food security by promoting the
                    expansion of agricultural and agriculture-based
                    industrial production and productivity and
                    increasing real incomes for poor individuals.
                      (E) Promoting an enabling environment for
                    private sector-led growth through sustained
                    economic reform, privatization programs, and
                    market-led economic activities.
                      (F) Promoting decentralization and local
                    participation in the development process,
                    especially linking the rural production sectors
                    and the industrial and market centers
                    throughout Africa.
                      (G) Increasing the technical and managerial
                    capacity of sub-Saharan African individuals to
                    manage the economy of sub-Saharan Africa.
                      (H) Ensuring sustainable economic growth
                    through environmental protection.
              (4) The African Development Foundation has a unique
            congressional mandate to empower the poor to
            participate fully in development and to increase
            opportunities for gainful employment, poverty
            alleviation, and more equitable income distribution in
            sub-Saharan Africa. The African Development Foundation
            has worked successfully to enhance the role of women as
            agents of change, strengthen the informal sector with
            an emphasis on supporting micro and small sized
            enterprises, indigenous technologies, and mobilizing
            local financing. The African Development Foundation
            should develop and implement strategies for promoting
            participation in the socioeconomic development process
            of grassroots and informal sector groups such as
            nongovernmental organizations, cooperatives, artisans,
            and traders into the programs and initiatives
            established under this title.
        (c) Additional Authorities.--
              (1) In general.--Section 496(h) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2293(h)) is amended--
            \17\
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
                      (A) by redesignating paragraph (3) as
                    paragraph (4); and
                      (B) by inserting after paragraph (2) the
                    following:
              ``(3) Democratization and conflict resolution
            capabilities.--Assistance under this section may also
            include program assistance--
                      ``(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.''.
              (2) Conforming amendment.--Section 496(h)(4) of such
            Act, as amended by paragraph (1), is further amended by
            striking ``paragraphs (1) and (2)'' in the first
            sentence and inserting ``paragraphs (1), (2), and
            (3)''.

    SEC. 128.\18\ ASSISTANCE FROM UNITED STATES PRIVATE SECTOR TO PREVENT
                        AND REDUCE HIV/AIDS IN SUB-SAHARAN AFRICA.

        It is the sense of the 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.
    ---------------------------------------------------------------------------
        \18\ 19 U.S.C. 3738.
    ---------------------------------------------------------------------------

    SEC. 129.\19\ SENSE OF THE CONGRESS RELATING TO HIV/AIDS CRISIS IN SUB-
                        SAHARAN AFRICA.

        (a) Findings.--The Congress finds the following:
    ---------------------------------------------------------------------------
        \19\ 19 U.S.C. 3739.
    ---------------------------------------------------------------------------
              (1) Sustained economic development in sub-Saharan
            Africa depends in large measure upon successful trade
            with and foreign assistance to the countries of sub-
            Saharan Africa.
              (2) The HIV/AIDS crisis has reached epidemic
            proportions in sub-Saharan Africa, where more than
            21,000,000 men, women, and children are infected with
            HIV.
              (3) Eighty-three percent of the estimated 11,700,000
            deaths from HIV/AIDS worldwide have been in sub-Saharan
            Africa.
              (4) The HIV/AIDS crisis in sub-Saharan Africa is
            weakening the structure of families and societies.
              (5)(A) The HIV/AIDS crisis threatens the future of
            the workforce in sub-Saharan Africa.
              (B) Studies show that HIV/AIDS in sub-Saharan Africa
            most severely affects individuals between the ages of
            15 and 49--the age group that provides the most support
            for the economies of sub-Saharan African countries.
              (6) Clear evidence demonstrates that HIV/AIDS is
            destructive to the economies of sub-Saharan African
            countries.
              (7) Sustained economic development is critical to
            creating the public and private sector resources in
            sub-Saharan Africa necessary to fight the HIV/AIDS
            epidemic.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) addressing the HIV/AIDS crisis in sub-Saharan
            Africa should be a central component of United States
            foreign policy with respect to sub-Saharan Africa;
              (2) significant progress needs to be made in
            preventing and treating HIV/AIDS in sub-Saharan Africa
            in order to sustain a mutually beneficial trade
            relationship between the United States and sub-Saharan
            African countries; and
              (3) the HIV/AIDS crisis in sub-Saharan Africa is a
            global threat that merits further attention through
            greatly expanded public, private, and joint public-
            private efforts, and through appropriate United States
            legislation.

    SEC. 130.\20\ STUDY ON IMPROVING AFRICAN AGRICULTURAL PRACTICES.

        (a) In general.--The Secretary of Agriculture, in
    consultation with American Land Grant Colleges and Universities
    and not-for-profit international organizations, is authorized
    to conduct a 2-year study on ways to improve the flow of
    American farming techniques and practices to African farmers.
    The study shall include an examination of ways of improving or
    utilizing--
    ---------------------------------------------------------------------------
        \20\ 19 U.S.C. 3740.
    ---------------------------------------------------------------------------
              (1) knowledge of insect and sanitation procedures;
              (2) modern farming and soil conservation techniques;
              (3) modern farming equipment (including maintaining
            the equipment);
              (4) marketing crop yields to prospective purchasers;
            and
              (5) crop maximization practices.
    The Secretary of Agriculture shall submit the study to the
    Committee on Agriculture, Nutrition, and Forestry of the Senate
    and the Committee on Agriculture of the House of
    Representatives not later than September 30, 2001.
        (b) Land Grant Colleges and Not-for-Profit Institutions.--
    In conducting the study under subsection (a), the Secretary of
    Agriculture is encouraged to consult with American Land Grant
    Colleges and not-for-profit international organizations that
    have firsthand knowledge of current African farming practices.

    SEC. 131.\21\ SENSE OF THE CONGRESS REGARDING EFFORTS TO COMBAT
                        DESERTIFICATION IN AFRICA AND OTHER COUNTRIES.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 3741.
    ---------------------------------------------------------------------------
              (1) desertification affects approximately one-sixth
            of the world's population and one-quarter of the total
            land area;
              (2) over 1,000,000 hectares of Africa are affected by
            desertification;
              (3) dryland degradation is an underlying cause of
            recurrent famine in Africa;
              (4) the United Nations Environment Programme
            estimates that desertification costs the world
            $42,000,000,000 a year, not including incalculable
            costs in human suffering; and
              (5) the United States can strengthen its partnerships
            throughout Africa and other countries affected by
            desertification, help alleviate social and economic
            crises caused by misuse of natural resources, and
            reduce dependence on foreign aid, by taking a leading
            role to combat desertification.
        (b) Sense of the Congress.--It is the sense of the Congress
    that the United States should expeditiously work with the
    international community, particularly Africa and other
    countries affected by desertification, to--
              (1) strengthen international cooperation to combat
            desertification;
              (2) promote the development of national and regional
            strategies to address desertification and increase
            public awareness of this serious problem and its
            effects;
              (3) develop and implement national action programs
            that identify the causes of desertification and
            measures to address it; and
              (4) recognize the essential role of local governments
            and nongovernmental organizations in developing and
            implementing measures to address desertification.
              * * * * * * * \22\
    ---------------------------------------------------------------------------
        \22\ The remaining titles of this Act, relating to trade, may be
    found in Legislation on Foreign Relations Through 2005, vol. III.
                         (3) Africa: Seeds of Hope Act

        Partial text of Public Law 105-385 [H.R. 4283], 112 Stat. 3460,
                           approved November 13, 1998

     AN ACT To support sustainable and broad-based agricultural and rural
           development in sub-Saharan Africa, 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) \1\ Short Title.--This Act may be cited as the
    ``Africa: Seeds of Hope Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents is as
    follows:
    Sec. 1. Short title; table of contents.
    Sec. 2. Findings and declaration of policy.

                   TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA

    Sec. 101. Africa Food Security Initiative.
    Sec. 102. Microenterprise assistance.
    Sec. 103. Support for producer-owned cooperative marketing associations.
    Sec. 104. Agricultural and rural development activities of the Overseas
              Private Investment Corporation.
    Sec. 105. Agricultural research and extension activities.

          TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS

                Subtitle A--Nonemergency Food Assistance Programs

    Sec. 201. Nonemergency food assistance programs.

             Subtitle B--Bill Emerson Humanitarian Trust Act of 1998

    Sec. 211. Short title.
    Sec. 212. Bill Emerson Humanitarian Trust Act.

                       TITLE III--MISCELLANEOUS PROVISIONS

    Sec. 301. Report.

    SEC. 2.\2\ FINDINGS AND DECLARATION OF POLICY.

        (a) Findings.--Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2293 note.
    ---------------------------------------------------------------------------
              (1) The economic, security, and humanitarian
            interests of the United States and the nations of sub-
            Saharan Africa would be enhanced by sustainable, broad-
            based agricultural and rural development in each of the
            African nations.
              (2) According to the Food and Agriculture
            Organization, the number of undernourished people in
            Africa has more than doubled, from approximately
            100,000,000 in the late 1960s to 215,000,000 in 1998,
            and is projected to increase to 265,000,000 by the year
            2010. According to the Food and Agriculture
            Organization, the term ``under nutrition'' means
            inadequate consumption of nutrients, often adversely
            affecting children's physical and mental development,
            undermining their future as productive and creative
            members of their communities.
              (3) Currently, agricultural production in Africa
            employs about two-thirds of the workforce but produces
            less than one-fourth of the gross domestic product in
            sub-Saharan Africa, according to the World Bank Group.
              (4) African women produce up to 80 percent of the
            total food supply in Africa according to the
            International Food Policy Research Institute.
              (5) An effective way to improve conditions of the
            poor is to increase the productivity of the
            agricultural sector. Productivity increases can be
            fostered by increasing research and education in
            agriculture and rural development.
              (6) In November 1996, the World Food Summit set a
            goal of reducing hunger worldwide by 50 percent by the
            year 2015 and encouraged national governments to
            develop domestic food plans and to support
            international aid efforts.
              (7) Although the World Bank Group recently has
            launched a major initiative to support agricultural and
            rural development, only 10 percent, or $1,200,000,000,
            of its total lending to sub-Saharan Africa for fiscal
            years 1993 to 1997 was devoted to agriculture.
              (8)(A) United States food processing and agricultural
            sectors benefit greatly from the liberalization of
            global trade and increased exports.
              (B) Africa represents a growing market for United
            States food and agricultural products. Africa's food
            imports are projected to rise from less than 8,000,000
            metric tons in 1990 to more than 25,000,000 metric tons
            by the 2020.
              (9)(A) Increased private sector investment in African
            countries and expanded trade between the United States
            and Africa can greatly help African countries achieve
            food self-sufficiency and graduate from dependency on
            international assistance.
              (B) Development assistance, technical assistance, and
            training can facilitate and encourage commercial
            development in Africa, such as improving rural roads,
            agricultural research and extension, and providing
            access to credit and other resources.
              (10)(A) Several United States private voluntary
            organizations have demonstrated success in empowering
            Africans through direct business ownership and helping
            African agricultural producers more efficiently and
            directly market their products.
              (B) Rural business associations, owned and controlled
            by farmer shareholders, also greatly help agricultural
            producers to increase their household incomes.
        (b) Declaration of Policy.--It is the policy of the United
    States, consistent with title XII of part I of the Foreign
    Assistance Act of 1961, to support governments of sub-Saharan
    African countries, United States and African nongovernmental
    organizations, universities, businesses, and international
    agencies, to help ensure the availability of basic nutrition
    and economic opportunities for individuals in sub-Saharan
    Africa, through sustainable agriculture and rural development.

                   TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA

    SEC. 101.\2\ AFRICA FOOD SECURITY INITIATIVE.

        (a) Additional Requirements in Carrying Out the
    Initiative.--In providing development assistance under the
    Africa Food Security Initiative, or any comparable or successor
    program, the Administrator of the United States Agency for
    International Development--
              (1) shall emphasize programs and projects that
            improve the food security of infants, young children,
            school-age children, women and food-insecure
            households, or that improve the agricultural
            productivity, incomes, and marketing of the rural poor
            in Africa;
              (2) shall solicit and take into consideration the
            views and needs of intended beneficiaries and program
            participants during the selection, planning,
            implementation, and evaluation phases of projects;
              (3) shall favor countries that are implementing
            reforms of their trade and investment laws and
            regulations in order to enhance free market development
            in the food processing and agricultural sectors; and
              (4) shall ensure that programs are designed and
            conducted in cooperation with African and United States
            organizations and institutions, such as private and
            voluntary organizations, cooperatives, land-grant and
            other appropriate universities, and local producer-
            owned cooperative marketing and buying associations,
            that have expertise in addressing the needs of the
            poor, small-scale farmers, entrepreneurs, and rural
            workers, including women.
        (b) Sense of the Congress.--It is the sense of the Congress
    that, if there is an increase in funding for sub-Saharan
    programs, the Administrator of the United States Agency for
    International Development should proportionately increase
    resources to the Africa Food Security Initiative, or any
    comparable or successor program, for fiscal year 2000 and
    subsequent fiscal years in order to meet the needs of the
    countries participating in such Initiative.

    SEC. 102.\2\ MICROENTERPRISE ASSISTANCE.

        (a) Bilateral Assistance.--In providing microenterprise
    assistance for sub-Saharan Africa, the Administrator of the
    United States Agency for International Development shall, to
    the extent practicable, use credit and microcredit assistance
    to improve the capacity and efficiency of agriculture
    production in sub-Saharan Africa of small-scale farmers and
    small rural entrepreneurs. In providing assistance, the
    Administrator should use the applied research and technical
    assistance capabilities of United States land-grant
    universities.
        (b) Multilateral Assistance.--
              (1) In general.--The Administrator of the United
            States Agency for International Development shall
            continue to work with other countries, international
            organizations (including multilateral development
            institutions), and entities assisting microenterprises
            and shall develop a comprehensive and coordinated
            strategy for providing microenterprise assistance for
            sub-Saharan Africa.
              (2) Additional requirement.--In carrying out
            paragraph (1), the Administrator should encourage the
            World Bank Consultative Group to Assist the Poorest to
            coordinate the strategy described in such paragraph.

    SEC. 103.\2\ SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING
                        ASSOCIATIONS.

        (a) Purposes.--The purposes of this section are--
              (1) to support producer-owned cooperative purchasing
            and marketing associations in sub-Saharan Africa;
              (2) to strengthen the capacity of farmers in sub-
            Saharan Africa to participate in national and
            international private markets and to promote rural
            development in sub-Saharan Africa;
              (3) to encourage the efforts of farmers in sub-
            Saharan Africa to increase their productivity and
            income through improved access to farm supplies,
            seasonal credit, technical expertise; and
              (4) to support small businesses in sub-Saharan Africa
            as they grow beyond microenterprises.
        (b) Support for Producer-Owned Cooperative Marketing
    Associations.--
              (1) Activities.--
                      (A) In general.--The Administrator of the
                    United States Agency for International
                    Development is authorized to utilize relevant
                    foreign assistance programs and initiatives for
                    sub-Saharan Africa to support private producer-
                    owned cooperative marketing associations in
                    sub-Saharan Africa, including rural business
                    associations that are owned and controlled by
                    farmer shareholders.
                      (B) Additional requirements.--In carrying out
                    subparagraph (A), the Administrator--
                              (i) shall take into account small-
                            scale farmers, small rural
                            entrepreneurs, and rural workers and
                            communities; and
                              (ii) shall take into account the
                            local-level perspectives of the rural
                            and urban poor through close
                            consultation with these groups,
                            consistent with section 496(e)(1) of
                            the Foreign Assistance Act of 1961 (22
                            U.S.C. 2293(e)(1)).
              (2) Other activities.--In addition to carrying out
            paragraph (1), the Administrator is encouraged--
                      (A) to cooperate with governments of foreign
                    countries, including governments of political
                    subdivisions of such countries, their
                    agricultural research universities, and
                    particularly with United States nongovernmental
                    organizations and United States land-grant
                    universities, that have demonstrated expertise
                    in the development and promotion of successful
                    private producer-owned cooperative marketing
                    associations; and
                      (B) to facilitate partnerships between United
                    States and African cooperatives and private
                    businesses to enhance the capacity and
                    technical and marketing expertise of business
                    associations in sub-Saharan Africa.

    SEC. 104.\2\ AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE
                        OVERSEAS PRIVATE INVESTMENT CORPORATION.

        (a) Purpose.--The purpose of this section is to encourage
    the Overseas Private Investment Corporation to work with United
    States businesses and other United States entities to invest in
    rural sub-Saharan Africa, particularly in ways that will
    develop the capacities of small-scale farmers and small rural
    entrepreneurs, including women, in sub-Saharan Africa.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) the Overseas Private Investment Corporation
            should exercise its authority under law to undertake an
            initiative to support private agricultural and rural
            development in sub-Saharan Africa, including issuing
            loans, guaranties, and insurance, to support rural
            development in sub-Saharan Africa, particularly to
            support intermediary organizations that--
                      (A) directly serve the needs of small-scale
                    farmers, small rural entrepreneurs, and rural
                    producer-owned cooperative purchasing and
                    marketing associations;
                      (B) have a clear track-record of support for
                    sound business management practices; and
                      (C) have demonstrated experience with
                    participatory development methods; and
              (2) the Overseas Private Investment Corporation
            should utilize existing equity funds, loan and
            insurance funds, to the extent feasible and in
            accordance with existing contractual obligations, to
            support agriculture and rural development in sub-
            Saharan Africa.

    SEC. 105.\2\ AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.

        (a) Development of Plan.--The Administrator of the United
    States Agency for International Development, in consultation
    with the Secretary of Agriculture and appropriate Department of
    Agriculture agencies, especially the Cooperative State,
    Research, Education and Extension Service (CSREES), shall
    develop a comprehensive plan to coordinate and build on the
    research and extension activities of United States land-grant
    universities, international agricultural research centers, and
    national agricultural research and extension centers in sub-
    Saharan Africa.
        (b) Additional Requirements.--Such plan shall seek to
    ensure that--
              (1) research and extension activities will respond to
            the needs of small-scale farmers while developing the
            potential and skills of researchers, extension agents,
            farmers, and agribusiness persons in sub-Saharan
            Africa;
              (2) sustainable agricultural methods of farming will
            be considered together with new technologies in
            increasing agricultural productivity in sub-Saharan
            Africa; and
              (3) research and extension efforts will focus on
            sustainable agricultural practices and will be adapted
            to widely varying climates within sub-Saharan Africa.

         TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS

               Subtitle A--Nonemergency Food Assistance Programs

    SEC. 201.\3\ NONEMERGENCY FOOD ASSISTANCE PROGRAMS.

        (a) In General.--In providing nonemergency assistance under
    title II of the Agricultural Trade Development and Assistance
    Act of 1954 (7 U.S.C. 1721 et seq.), the Administrator of the
    United States Agency for International Development shall ensure
    that--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1721 note.
    ---------------------------------------------------------------------------
              (1) in planning, decisionmaking, and implementation
            in providing such assistance, the Administrator takes
            into consideration local input and participation
            directly and through United States and indigenous
            private and voluntary organizations;
              (2) each of the nonemergency activities described in
            paragraphs (2) through (6) of section 201 of such Act
            (7 U.S.C. 1721), including programs that provide
            assistance to people of any age group who are otherwise
            unable to meet their basic food needs (including
            feeding programs for the disabled, orphaned, elderly,
            sick and dying), are carried out; and
              (3) greater flexibility is provided for program and
            evaluation plans so that such assistance may be
            developed to meet local needs, as provided for in
            section 202(f) of such Act (7 U.S.C. 1722(f)).
        (b) Other Requirements.--In providing assistance under the
    Agriculture Trade Development and Assistance Act of 1954, the
    Secretary of Agriculture and the Administrator of United States
    Agency for International Development shall ensure that
    commodities are provided in a manner that is consistent with
    sections 403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)).

          Subtitle B--Bill Emerson Humanitarian Trust Act of 1998 \4\

    SEC. 211.\5\ SHORT TITLE.

        This subtitle may be cited as the ``Bill Emerson
    Humanitarian Trust Act of 1998''.
    ---------------------------------------------------------------------------
        \4\ Subtitle B, other than sec. 211, consists entirely of
    amendments to the Agricultural Act of 1980, and technical amendments to
    the Agricultural Trade Suspension Adjustment Act of 1980 and the
    Merchant Marine Act, 1936.
        \5\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE III--MISCELLANEOUS PROVISIONS

    SEC. 301. 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 how the Agency plans to implement sections
    101, 102, 103, 105, and 201 of this Act, the steps that have
    been taken toward such implementation, and an estimate of all
    amounts expended or to be expended on related activities during
    the current and previous 4 fiscal years.
                  (4) Prohibition on Assistance to Mauritania

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

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Human Rights, Refugee, and
    Other Foreign Relations Provisions Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. For foreign relations provisions of Public
    Law 104-319, see Legislation on Foreign Relations Through 2005, vol.
    II.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 201 amended the Foreign Assistance Act of 1961 at sec.
    116(d) (22 U.S.C. 2151n(d)) and at sec. 502B(b) (22 U.S.C. 2304(b)).
    See Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

                    TITLE II--FOREIGN ASSISTANCE PROVISIONS

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

    SEC. 202.\3\ ASSISTANCE FOR MAURITANIA.

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

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

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

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

    SECTION. 1.\1\ SHORT TITLE.

        This Act may be cited as the ``African Conflict Resolution
    Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    SEC. 10.\1\ CONSULTATION REQUIREMENT.

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

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

        For purposes of this Act, the term ``appropriate
    congressional committees'' means the Committee on Foreign
    Affairs \3\ and the Committee on Appropriations of the House of
    Representatives and the Committee on Foreign Relations and the
    Committee on Appropriations of the Senate.
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
          (6) South African Democratic Transition Support Act of 1993

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

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``South African Democratic
    Transition Support Act of 1993''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5001 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

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

    SEC. 3.\1\ UNITED STATES POLICY.

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

    SEC. 4.\1\ REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES
                        DIRECTED AT SOUTH AFRICA.

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

    SEC. 5.\1\ UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL
                        DEMOCRACY.

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

    SEC. 6.\1\ UNITED STATES INVESTMENT AND TRADE.

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

    SEC. 7.\1\ INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.

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

    SEC. 8.\1\ OTHER COOPERATIVE AGREEMENTS.

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

    SEC. 9.\1\ INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.

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

    SEC. 10.\1\ CONSULTATION WITH SOUTH AFRICANS.

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

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

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Horn of Africa Recovery and
    Food Security Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

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

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

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

      ``(1) condemns in the strongest possible terms the senseless and wanton
    destruction wrought by the political factions in Somalia;

      ``(2) strongly urges these factions to abide by the United Nations
    ceasefire and to allow the deployment of security forces to protect
    humanitarian relief deliveries and workers;

      ``(3) commends the dedicated and energetic efforts of United Nations
    Secretary-General Boutros Boutros Ghali, and his Special Envoy to Somalia,
    Ambassador Mohammed Sahnoun;

      ``(4) pays tribute to the courageous and heroic actions of the relief
    agencies working in Somalia;

      ``(5) calls upon the international community, through the United Nations,
    and in particular the United Nations specialized agencies, to immediately
    expand its relief efforts in Somalia;

      ``(6) recognizes with appreciation the July 27, 1992, statement of the
    President urging the United Nations to deploy a sufficient number of
    security guards to permit relief supplies to move into and within Somalia,
    and committing funds for such an effort; and

      ``(7) urges the President to work with the United Nations Security
    Council to deploy these security guards immediately, with or without the
    consent of the Somalia factions, in order to assure that humanitarian
    relief gets to those most in need, particularly the women, children and
    elderly of Somalia.''.
    ---------------------------------------------------------------------------

        H. Con. Res. 370, agreed to in the House on October 2, 1992, and in
    the Senate on October 8, 1992, resolved:
        ``That the President should--
    ---------------------------------------------------------------------------

      ``(1) express to the United Nations Security Council the desire and the
    willingness of the United States to participate, consistent with applicable
    United States legal requirements, in the deployment of armed United Nations
    security guards, as authorized by the Security Council, in order to secure
    emergency relief activities and enable greater numbers of international and
    Somali organizations and people to provide relief and rehabilitation
    assistance;

      ``(2) express to the United Nations Security Council that the exigency of
    the crisis in Somalia warrants authorization by the Security Council of the
    deployment of United Nations security guards even in the event that an
    invitation by the various warring Somali factions cannot be obtained;

      ``(3) encourage discussion of alternative strategies for solving the
    political crisis in Somalia;

      ``(4) support the United Nations-sponsored relief coordination conference
    for Somalia scheduled for mid-October 1992; and

      ``(5) make every effort to ensure that adequate United States financial
    support exists for the United Nations to carry out its humanitarian and
    peacekeeping/peacemaking mission in Somalia.''.

              (1) use whatever diplomatic steps he considers
            appropriate to encourage a peaceful and democratic
            solution to the problems in Somalia;
              (2) commit increased diplomatic resources and
            energies to resolving the fundamental political
            conflicts which underlie the protracted humanitarian
            emergencies in Somalia; and
              (3) ensure, to the maximum extent possible and in
            conjunction with other donors, that emergency
            humanitarian assistance is being made available to
            those in need, and that none of the beneficiaries
            belong to military or paramilitary units.
        (c) Sudan.--It is the sense of the Congress that the
    President should--
              (1) urge the Government of Sudan and the Sudanese
            People's Liberation Army to adopt at least a temporary
            cessation of hostilities in order to assure the
            delivery of emergency relief to civilians in affected
            areas;
              (2) encourage active participation of the
            international community to meet the emergency relief
            needs of Sudan; and
              (3) take steps to achieve a permanent peace.

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

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

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

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

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

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

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

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

    SEC. 8.\1\ CERTIFICATION.

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

      ``(1) has begun to implement peace agreements and national reconciliation
    agreements;

      ``(2) has demonstrated a commitment to human rights within the meaning of
    sections 116 and 502B of the Foreign Assistance Act of 1961;

      ``(3) has manifested a commitment to democracy, has established a
    timetable for free and fair elections, and has agreed to implement the
    results of those elections; and

      ``(4) has agreed to distribute developmental assistance on the basis of
    need without regard to political affiliation, geographic locations, or the
    ethnic, tribal, or religious identity of the recipient.'' (Presidential
    Determination No. 92-27 of May 26, 1992; 57 F.R. 24925; June 11, 1992).

              (1) has begun to implement peace agreements, national
            reconciliation agreements, or both;
              (2) has demonstrated a commitment to human rights
            within the meaning of sections 116 and 502B of the
            Foreign Assistance Act of 1961;
              (3) has manifested a commitment to democracy, has
            held or established a timetable for free and fair
            elections, and has agreed to implement the results of
            those elections; and
              (4) in the case of a certification for purposes of
            section 6(e), has agreed to distribute developmental
            assistance on the basis of need without regard to
            political affiliation, geographic location, or the
            ethnic, tribal, or religious identity of the recipient.

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

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

    SEC. 10.\1\ DEFINITIONS.

        As used in this Act--
              (1) the term ``appropriate congressional committees''
            means the Committee on Foreign Affairs \5\ and the
            Committee on Appropriations of the House of
            Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate;
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the term ``assistance from the Development Fund
            for Africa'' means assistance under chapter 10 of part
            I of the Foreign Assistance Act of 1961;
              (3) the term ``development assistance'' means
            assistance under chapter 1 of part I of the Foreign
            Assistance Act of 1961;
              (4) the term ``economic support assistance'' means
            assistance under chapter 4 of part II of the Foreign
            Assistance Act of 1961;
              (5) the term ``foreign military financing
            assistance'' means assistance under section 23 of the
            Arms Export Control Act; and
              (6) the term ``international military education and
            training'' means assistance under chapter 5 of part II
            of the Foreign Assistance Act of 1961.
                      (8) Peace Process Support in Liberia

     Public Law 102-270 [S.J. Res. 271], 106 Stat. 106, approved April 16,
        1992; amended by Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996, H.R. 1868,
    enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110
     Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
           107 [H.R. 1868], 110 Stat. 704, approved February 12. 1996

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

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

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That (a) \1\
    the Congress--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              (1) strongly supports the peace process for Liberia
            initiated by the Yamoussoukro peace accord;
              (2) urges all parties to abide by the terms of the
            Yamoussoukro agreement;
              (3) commends and congratulates the governments of the
            Economic Community of West African States (ECOWAS) for
            their leadership in seeking peace in Liberia; and
              (4) extends particularly praise to President
            Babangida of Nigeria, President Houphouet-Boigny of
            Cote d'Ivoire, and President Diouf of Senegal for their
            efforts to resolve this conflict.
        (b) Authorization of Limited Assistance.--The \2\ President
    is authorized to provide--
    ---------------------------------------------------------------------------
        \2\ Sec. 573(a)(1) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 749), struck out ``Notwithstanding section 620(q) of the Foreign
    Assistance Act of 1961 or any similar provision, the'' and inserted in
    lieu thereof ``The''.
        Sec. 573(b) of that Act, furthermore, provided the following:
        ``(b) Funds appropriated by this Act may be made available for
    assistance for Liberia notwithstanding section 620(q) of the Foreign
    Assistance Act of 1961 and section 512 of this Act.''.
    ---------------------------------------------------------------------------
              (1) nonpartisan election and democracy-building
            assistance to support democratic institutions in
            Liberia, and
              (2) assistance for the resettlement of refugees, the
            demobilization and retraining of troops, and the
            provision of other appropriate assistance: \3\
            Provided, That the President determines and so
            certifies to the Committee on Foreign Relations and the
            Committee on Appropriations of the Senate and the
            Committee on Foreign Affairs \4\ and the Committee on
            Appropriations of the House of Representatives that
            Liberia has made significant progress toward
            democratization and that the provision of such
            assistance will assist that country in making further
            progress and is otherwise in the national interest of
            the United States. A separate determination and
            certification shall be required for each fiscal year in
            which such assistance is to be provided.
    ---------------------------------------------------------------------------
        \3\ Sec. 573(a)(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 749), struck out ``to implement the Yamoussoukro peace accord''
    at this point.
        \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
               (9) African Famine Relief and Recovery Act of 1985

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

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

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

    SECTION 1. SHORT TITLE.

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

    SEC. 2.\2\ * * *

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

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

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

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

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

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

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

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

              (1) Emergency Supplemental Act, 2000--Plan Colombia

    Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511, approved
    July 13, 2000; amended by Public Law 107-115 [Kenneth M. Ludden Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
          2002; H.R. 2506], 115 Stat. 2118, approved January 10, 2002

    AN ACT Making appropriations for military construction, family housing,
    and base realignment and closure for the Department of Defense for the
         fiscal year ending September 30, 2001, and for other purposes.

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

            DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

        The following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2000, and for other purposes, namely:
    ---------------------------------------------------------------------------
        \1\ See also the Foreign Assistance Act of 1969 (Public Law 91-
    175), establishing the Inter-American Foundation, in Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

                          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.\2\ Limitations on Support for Plan Colombia and
    on the Assignment of United States Personnel in Colombia. (a)
    Limitation on Support for Plan Colombia.--
    ---------------------------------------------------------------------------
        \2\ Title II of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2186), provided the following:
    ---------------------------------------------------------------------------

    ``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.''.
        Sec. 596 of that Act stipulates that funds provided 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 the 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).
    ---------------------------------------------------------------------------
              (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) \3\ Limitation on Assignment of United States Personnel
    in Colombia.--
    ---------------------------------------------------------------------------
        \3\ Sec. 1021 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2042) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1021. use of funds for unified counterdrug and counterterrorism
    campaign in colombia.
    ---------------------------------------------------------------------------

        ``(a) Authority.--(1) In fiscal years 2005 and 2006, funds
    available to the Department of Defense to provide assistance to the
    Government of Colombia may be used by the Secretary of Defense to
    support a unified campaign by the Government of Colombia against
    narcotics trafficking and 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).
        ``(2) The authority to provide assistance for a campaign under this
    subsection includes authority to take actions to protect human health
    and welfare in emergency circumstances, including the undertaking of
    rescue operations.
        ``(b) Applicability of Certain Laws and Limitations.--The use of
    funds pursuant to the authority in subsection (a) shall be subject to
    the following:
    ---------------------------------------------------------------------------

      ``(1) Sections 556, 567, and 568 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-
    115; 115 Stat. 2160, 2165, and 2166).

      ``(2) Section 8076 of the Department of Defense Appropriations Act, 2005
    (Public Law 108-287; 118 Stat. 988).
    ---------------------------------------------------------------------------

        ``(c) Numerical Limitation on Assignment of United States
    Personnel.--Notwithstanding section 3204(b) of the Emergency
    Supplemental Act, 2000 (Division B of Public Law 106-246; 114 Stat.
    575), as amended by the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2002 (Public Law 107-115; 115
    Stat. 2131), the number of United States personnel assigned to conduct
    activities in Colombia in connection with support of Plan Colombia
    under subsection (a) in fiscal years 2005 and 2006 shall be subject to
    the following limitations:
    ---------------------------------------------------------------------------

      ``(1) The number of United States military personnel assigned for
    temporary or permanent duty in Colombia in connection with support of Plan
    Colombia may not exceed 800.

      ``(2) The number of United States individual citizens retained as
    contractors in Colombia in connection with support of Plan Colombia who are
    funded by Federal funds may not exceed 600.
    ---------------------------------------------------------------------------

        ``(d) Limitation on Participation of United States Personnel.--No
    United States Armed Forces personnel, United States civilian employees,
    or United States civilian contractor personnel employed by the United
    States may participate in any combat operation in connection with
    assistance using funds pursuant to the authority in subsection (a),
    except for the purpose of acting in self defense or of rescuing any
    United States citizen, including any United States Armed Forces
    personnel, United States civilian employee, or civilian contractor
    employed by the United States.
        ``(e) Relation to Other Authority.--The authority provided by
    subsection (a) is in addition to any other authority in law to provide
    assistance to the Government of Colombia.
        ``(f) Report on Relationships Between Terrorist Organizations in
    Colombia and Foreign Governments and Organizations.--(1) Not later than
    60 days after the date of the enactment of this Act, the Secretary of
    State, in consultation with the Secretary of Defense and the Director
    of Central Intelligence, shall submit to the congressional defense
    committees and the Committee on Foreign Relations of the Senate and the
    Committee on International Relations of the House of Representatives a
    report that describes--
    ---------------------------------------------------------------------------

      ``(A) any relationships between foreign governments or organizations and
    organizations based in Colombia that have been designated as foreign
    terrorist organizations under United States law, including the provision of
    any direct or indirect assistance to such organizations; and

      ``(B) United States policies that are designed to address such
    relationships.
    ---------------------------------------------------------------------------

        ``(2) The report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.''.
    ---------------------------------------------------------------------------
              (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; \4\ or
    ---------------------------------------------------------------------------
        \4\ 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''.
    ---------------------------------------------------------------------------
                      (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.\5\
    ---------------------------------------------------------------------------
        \5\ 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''.
    ---------------------------------------------------------------------------
              (2) Exception.--The limitation contained in paragraph
            (1) shall not apply if--
                      (A) the President submits a report to
                    Congress requesting that the limitation not
                    apply; and
                      (B) Congress enacts a joint resolution
                    approving the request of the President under
                    subparagraph (A).
        (c) Waiver.--The President may waive the limitation in
    subsection (b)(1) for a single period of up to 90 days in the
    event that the Armed Forces of the United States are involved
    in hostilities or that imminent involvement by the Armed Forces
    of the United States in hostilities is clearly indicated by the
    circumstances.
        (d) Statutory Construction.--Nothing in this section may be
    construed to affect the authority of the President to carry out
    any emergency evacuation of United States citizens or any
    search or rescue operation for United States military personnel
    or other United States citizens.
        (e) Report on Support for Plan Colombia.--Not later than
    June 1, 2001, and not later than June 1 and December 1 of each
    of the succeeding 4 fiscal years, the President shall submit a
    report to Congress setting forth any costs (including
    incremental costs incurred by the Department of Defense)
    incurred by any department, agency, or other entity of the
    executive branch of Government during the two previous fiscal
    quarters in support of Plan Colombia. Each such report shall
    provide an itemization of expenditures by each such department,
    agency, or entity.
        (f) Bimonthly Reports.--Beginning within 90 days of the
    date of the enactment of this Act, and every 60 days
    thereafter, the President shall submit a report to Congress
    that shall include the aggregate number, locations, activities,
    and lengths of assignment for all temporary and permanent
    United States military personnel and United States individual
    civilians retained as contractors involved in the antinarcotics
    campaign in Colombia.
        (g) Congressional Priority Procedures.--
              (1) Joint resolutions defined.--
                      (A) For purposes of subsection (a)(1)(B), the
                    term ``joint resolution'' means only a joint
                    resolution introduced not later than 10 days of
                    the date on which the report of the President
                    under subsection (a)(1)(A) is received by
                    Congress, the matter after the resolving clause
                    of which is as follows: ``That Congress
                    approves the request of the President for
                    additional funds for Plan Colombia contained in
                    the report submitted by the President under
                    section 3204(a)(1) of the 2000 Emergency
                    Supplemental Appropriations Act.''.
                      (B) For purposes of subsection (b)(2)(B), the
                    term ``joint resolution'' means only a joint
                    resolution introduced not later than 10 days of
                    the date on which the report of the President
                    under subsection (a)(1)(A) is received by
                    Congress, the matter after the resolving clause
                    of which is as follows: ``That Congress
                    approves the request of the President for
                    exemption from the limitation applicable to the
                    assignment of personnel in Colombia contained
                    in the report submitted by the President under
                    section 3204(b)(2)(B) of the 2000 Emergency
                    Supplemental Appropriations Act.''.
              (2) Procedures.--Except as provided in subparagraph
            (B), a joint resolution described in paragraph (1)(A)
            or (1)(B) shall be considered in a House of Congress in
            accordance with the procedures applicable to joint
            resolutions under paragraphs (3) through (8) of section
            8066(c) of the Department of Defense Appropriations
            Act, 1985 (as contained in Public Law 98-473; 98 Stat.
            1936).
        (h) Plan Colombia Defined.--In this section, the term
    ``Plan Colombia'' means the plan of the Government of Colombia
    instituted by the administration of President Pastrana to
    combat drug production and trafficking, foster peace, increase
    the rule of law, improve human rights, expand economic
    development, and institute justice reform.
        Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged
    To Have Aided and Abetted Colombian Insurgent and Paramilitary
    Groups.--None of the funds appropriated or otherwise made
    available in this Act for any fiscal year for the Department of
    State may be used to issue visas to any person who has been
    credibly alleged to have provided direct or indirect support to
    the Revolutionary Armed Forces of Colombia (FARC), the National
    Liberation Army (ELN), or the United Colombian Self Defense
    organization (AUC), including conspiracy to allow, facilitate,
    or promote the illegal activities of such groups.
        (b) Exemption.--Subsection (a) shall not apply if the
    Secretary of State finds, on a case-by-case basis, that the
    entry into the United States of a person who would otherwise be
    excluded under this section is necessary for medical reasons,
    or to permit the prosecution of such person in the United
    States, or the person has cooperated fully with the
    investigation of crimes committed by individuals associated
    with the Revolutionary Armed Forces of Colombia (FARC), the
    National Liberation Army (ELN), or the United Colombian Self
    Defense organization (AUC).
        (c) Waiver.--The President may waive the limitation in
    subsection (a) if the President determines that the waiver is
    in the national interest.
        Sec. 3206. Limitation on Supplemental Funds for Population
    Planning.--Amounts appropriated under this division or under
    any other provision of law for fiscal year 2000 that are in
    addition to the funds made available under title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2000 (as enacted into law by section
    1000(a)(2) of Public Law 106-113) shall be deemed to have been
    appropriated under title II of such Act and shall be subject to
    all limitations and restrictions contained in section 599D of
    such Act, notwithstanding section 543 of such Act.
        Sec. 3207. Declaration of Support. (a) Certification
    Required.--Assistance may be made available for Colombia in
    fiscal years 2000 and 2001 only if the Secretary of State
    certifies to the appropriate congressional committees, before
    the initial obligation of such assistance in each such fiscal
    year, that the United States Government publicly supports the
    military and political efforts of the Government of Colombia,
    consistent with human rights conditions in section 3101,
    necessary to effectively resolve the conflicts with the
    guerrillas and paramilitaries that threaten the territorial
    integrity, economic prosperity, and rule of law in Colombia.
        (b) Definitions.--In this section:
              (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means the
            following:
                      (A) The Committees on Appropriations and
                    Foreign Relations of the Senate.
                      (B) The Committees on Appropriations and
                    International Relations of the House of
                    Representatives.
              (2) Assistance.--The term ``assistance'' means
            assistance appropriated under this heading for fiscal
            years 2000 and 2001, and provided under the following
            provisions of law:
                      (A) Section 1004 of the National Defense
                    Authorization Act for Fiscal Year 1991 (Public
                    Law 101-510; relating to counter-drug
                    assistance).
                      (B) Section 1033 of the National Defense
                    Authorization Act for Fiscal Year 1998 (Public
                    Law 105-85; relating to counter-drug assistance
                    to Colombia and Peru).
                      (C) Section 23 of the Arms Export Control Act
                    (Public Law 90-629; relating to credit sales).
                      (D) Section 481 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    international narcotics control).
                      (E) Section 506 of the Foreign Assistance Act
                    of 1961 (Public Law 87-195; relating to
                    emergency drawdown authority).
              * * * * * * *
        This division may be cited as the ``Emergency Supplemental
    Act, 2000''.
              * * * * * * *
       (2) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

    Partial text of Public Law 104-114 [H.R. 927], 110 Stat. 785, approved
     March 12, 1996; amended by Public Law 105-277 [Foreign Affairs Reform
      and Restructuring Act of 1998; H.R. 4328], 112 Stat. 2681, approved
                                October 21, 1998

    AN ACT To seek international sanctions against the Castro government in
       Cuba, to plan for support of a transition government leading to a
       democratically elected government in Cuba, and for other purposes.

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

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

        (a) Short Title.--This Act may be cited as the ``Cuban
    Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6021 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents of this Act
    is as follows:
                                                                        Page

    Sec. 1. Short title; table of contents............................   227
    Sec. 2. Findings..................................................   228
    Sec. 3. Purposes..................................................   231
    Sec. 4. Definitions...............................................   231
    Sec. 5. Severability..............................................   234

       TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
                                   GOVERNMENT

    Sec. 101. Statement of policy.....................................   234
    Sec. 102. Enforcement of the economic embargo of Cuba.............   235
    Sec. 103. Prohibition against indirect financing of Cuba..........   236
    Sec. 104. United States opposition to Cuban membership in
        international financial institutions..........................   236
    Sec. 105. United States opposition to termination of the
        suspension of the Cuban Government from participation in the
        Organization of American States...............................   237
    Sec. 106. Assistance by the independent states of the former
        Soviet Union for the Cuban Government.........................   237
    Sec. 107. Television broadcasting to Cuba.........................   238
    Sec. 108. Reports on commerce with, and assistance to, Cuba from
        other foreign countries.......................................   238
    Sec. 109. Authorization of support for democratic and human rights
        groups and international observers............................   239
    Sec. 110. Importation safeguard against certain Cuban products....   240
    Sec. 111. Withholding of foreign assistance from countries
        supporting Juragua nuclear plant in Cuba......................   241
    Sec. 112. Reinstitution of family remittances and travel to Cuba..   243
    Sec. 113. Expulsion of criminals from Cuba........................   243
    Sec. 114. News bureaus in Cuba....................................   243
    Sec. 115. Effect of Act on lawful United States Government
        activities....................................................   244
    Sec. 116. Condemnation of Cuban attack on American aircraft.......   244

               TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

    Sec. 201. Policy toward a transition government and a
        democratically elected government in Cuba.....................   246
    Sec. 202. Assistance for the Cuban people.........................   247
    Sec. 203. Coordination of assistance program; implementation and
        reports to Congress; reprogramming............................   250
    Sec. 204. Termination of the economic embargo of Cuba.............   251
    Sec. 205. Requirements  and  factors  for  determining  a
        transition  government........................................   252
    Sec. 206. Requirements  for  determining  a  democratically
        elected  government...........................................   254
    Sec. 207. Settlement of outstanding United States claims to
        confiscated property in Cuba..................................   254

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

    Sec. 301. Findings................................................   255
    Sec. 302. Liability for trafficking in confiscated property
        claimed by United States nationals............................   256
    Sec. 303. Proof of ownership of claims to confiscated property....   261
    Sec. 304. Exclusivity of Foreign Claims Settlement Commission
        certification procedure.......................................   262
    Sec. 305. Limitation of actions...................................   263
    Sec. 306. Effective date..........................................   263

                      TITLE IV--EXCLUSION OF CERTAIN ALIENS

    Sec. 401. Exclusion from the United States of aliens who have
        confiscated property of United States nationals or who traffic
        in such property..............................................   264

    SEC. 2.\2\ FINDINGS.

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

    SEC. 3.\3\ PURPOSES.

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

    SEC. 4.\4\ DEFINITIONS.

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

    SEC. 5.\5\ SEVERABILITY.

        If any provision of this Act or the amendments made by this
    Act or the application thereof to any person or circumstance is
    held invalid, the remainder of this Act, the amendments made by
    this Act, or the application thereof to other persons not
    similarly situated or to other circumstances shall not be
    affected by such invalidation.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6024.
    ---------------------------------------------------------------------------

       TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
                                   GOVERNMENT

    SEC. 101.\6\ STATEMENT OF POLICY.

        It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6031.
    ---------------------------------------------------------------------------
              (1) the acts of the Castro government, including its
            massive, systematic, and extraordinary violations of
            human rights, are a threat to international peace;
              (2) the President should advocate, and should
            instruct the United States Permanent Representative to
            the United Nations to propose and seek within the
            Security Council, a mandatory international embargo
            against the totalitarian Cuban Government pursuant to
            chapter VII of the Charter of the United Nations,
            employing efforts similar to consultations conducted by
            United States representatives with respect to Haiti;
              (3) any resumption of efforts by any independent
            state of the former Soviet Union to make operational
            any nuclear facilities in Cuba, and any continuation of
            intelligence activities by such a state from Cuba that
            are targeted at the United States and its citizens will
            have a detrimental impact on United States assistance
            to such state; and
              (4) in view of the threat to the national security
            posed by the operation of any nuclear facility, and the
            Castro government's continuing blackmail to unleash
            another wave of Cuban refugees fleeing from Castro's
            oppression, most of whom find their way to United
            States shores, further depleting limited humanitarian
            and other resources of the United States, the President
            should do all in his power to make it clear to the
            Cuban Government that--
                      (A) the completion and operation of any
                    nuclear power facility, or
                      (B) any further political manipulation of the
                    desire of Cubans to escape that results in mass
                    migration to the United States,
            will be considered an act of aggression which will be
            met with an appropriate response in order to maintain
            the security of the national borders of the United
            States and the health and safety of the American
            people.

    SEC. 102.\7\ ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

        (a) Policy.--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6032.
    ---------------------------------------------------------------------------
              (1) Restrictions by other countries.--The Congress
            hereby reaffirms section 1704(a) of the Cuban Democracy
            Act of 1992, which states that the President should
            encourage foreign countries to restrict trade and
            credit relations with Cuba in a manner consistent with
            the purposes of that Act.
              (2) Sanctions on other countries.--The Congress
            further urges the President to take immediate steps to
            apply the sanctions described in section 1704(b)(1) of
            that Act against countries assisting Cuba.
        (b) Diplomatic Efforts.--The Secretary of State should
    ensure that United States diplomatic personnel abroad
    understand and, in their contacts with foreign officials, are
    communicating the reasons for the United States economic
    embargo of Cuba, and are urging foreign governments to
    cooperate more effectively with the embargo.
        (c) Existing Regulations.--The President shall instruct the
    Secretary of the Treasury and the Attorney General to enforce
    fully the Cuban Assets Control Regulations set forth in part
    515 of title 31, Code of Federal Regulations.
        (d) \8\ Trading with the Enemy Act.--
    ---------------------------------------------------------------------------
        \8\ For amended section of Trading with the Enemy Act, see
    Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
              (1) Civil penalties.--Subsection (b) of section 16 of
            the Trading with the Enemy Act (50 U.S.C. App. 16(b)),
            as added by Public Law 102-484, is amended to read as
            follows: * * *
              (2) Conforming amendment; criminal forfeiture.--
            Section 16 of the Trading with the Enemy Act is further
            amended by striking subsection (b), as added by Public
            Law 102-393.
              (3) Clerical amendments.--Section 16 of the Trading
            with the Enemy Act is further amended--* * *
        (e) Denial of Visas to Certain Cuban Nationals.--It is the
    sense of the Congress that the President should instruct the
    Secretary of State and the Attorney General to enforce fully
    existing regulations to deny visas to Cuban nationals
    considered by the Secretary of State to be officers or
    employees of the Cuban Government or of the Communist Party of
    Cuba.
        (f) \9\ Coverage of Debt-for-Equity Swaps by Economic
    Embargo of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act
    of 1992 (22 U.S.C. 6003(b)(2)) is amended--* * *
    ---------------------------------------------------------------------------
        \9\ For the Cuban Democracy Act of 1992, as amended, see
    Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
        (g) Telecommunications services.--Section 1705(e) of the
    Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by
    adding at the end the following new paragraphs: * * *
        (h) Codification of Economic Embargo.--The economic embargo
    of Cuba, as in effect on March 1, 1996, including all
    restrictions under part 515 of title 31, Code of Federal
    Regulations, shall be in effect upon the enactment of this Act,
    and shall remain in effect, subject to section 204 of this Act.

    SEC. 103.\10\ PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

        (a) Prohibition.--Notwithstanding any other provision of
    law, no loan, credit, or other financing may be extended
    knowingly by a United States national, a permanent resident
    alien, or a United States agency to any person for the purpose
    of financing transactions involving any confiscated property
    the claim to which is owned by a United States national as of
    the date of the enactment of this Act, except for financing by
    the United States national owning such claim for a transaction
    permitted under United States law.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6033.
    ---------------------------------------------------------------------------
        (b) Suspension and Termination of Prohibition.--
              (1) Suspension.--The President is authorized to
            suspend the prohibition contained in subsection (a)
            upon a determination made under section 203(c)(1) that
            a transition government in Cuba is in power.
              (2) Termination.--The prohibition contained in
            subsection (a) shall cease to apply on the date on
            which the economic embargo of Cuba terminates as
            provided in section 204.
        (c) Penalties.--Violations of subsection (a) shall be
    punishable by such civil penalties as are applicable to
    violations of the Cuban Assets Control Regulations set forth in
    part 515 of title 31, Code of Federal Regulations.
        (d) Definitions.--As used in this section--
              (1) the term ``permanent resident alien'' means an
            alien lawfully admitted for permanent residence into
            the United States; and
              (2) the term ``United States agency'' has the meaning
            given the term ``agency'' in section 551(1) of title 5,
            United States Code.

    SEC. 104.\11\ UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN
                        INTERNATIONAL FINANCIAL INSTITUTIONS.

        (a) Continued Opposition to Cuban Membership in
    International Financial Institutions.--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 6034.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            the Secretary of the Treasury shall instruct the United
            States executive director of each international
            financial institution to use the voice and vote of the
            United States to oppose the admission of Cuba as a
            member of such institution until the President submits
            a determination under section 203(c)(3) that a
            democratically elected government in Cuba is in power.
              (2) Transition government.--Once the President
            submits a determination under section 203(c)(1) that a
            transition government in Cuba is in power--
                      (A) the President is encouraged to take steps
                    to support the processing of Cuba's application
                    for membership in any international financial
                    institution, subject to the membership taking
                    effect after a democratically elected
                    government in Cuba is in power, and
                      (B) the Secretary of the Treasury is
                    authorized to instruct the United States
                    executive director of each international
                    financial institution to support loans or other
                    assistance to Cuba only to the extent that such
                    loans or assistance contribute to a stable
                    foundation for a democratically elected
                    government in Cuba.
        (b) Reduction in United States Payments to International
    Financial Institutions.--If any international financial
    institution approves a loan or other assistance to the Cuban
    Government over the opposition of the United States, then the
    Secretary of the Treasury shall withhold from payment to such
    institution an amount equal to the amount of the loan or other
    assistance, with respect to either of the following types of
    payment:
              (1) The paid-in portion of the increase in capital
            stock of the institution.
              (2) The callable portion of the increase in capital
            stock of the institution.
        (c) Definition.--For purposes of this section, the term
    ``international financial institution'' means the International
    Monetary Fund, the International Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Multilateral Investment
    Guaranty Agency, and the Inter-American Development Bank.

    SEC. 105.\12\ UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION
                        OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE
                        ORGANIZATION OF AMERICAN STATES.

        The President should instruct the United States Permanent
    Representative to the Organization of American States to oppose
    and vote against any termination of the suspension of the Cuban
    Government from participation in the Organization until the
    President determines under section 203(c)(3) that a
    democratically elected government in Cuba is in power.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6035.
    ---------------------------------------------------------------------------

    SEC. 106.\13\ ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER SOVIET
                        UNION FOR THE CUBAN GOVERNMENT.

        (a) Reporting Requirement.--Not later than 90 days after
    the date of the enactment of this Act, the President shall
    submit to the appropriate congressional committees a report
    detailing progress toward the withdrawal of personnel of any
    independent state of the former Soviet Union (within the
    meaning of section 3 of the FREEDOM Support Act (22 U.S.C.
    5801)), including advisers, technicians, and military
    personnel, from the Cienfuegos nuclear facility in Cuba.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6036. For the Foreign Assistance Act of 1961, as
    amended, see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) Criteria for Assistance.--Section 498A(a)(11) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is
    amended * * *
        (c) Ineligibility for Assistance.--
              (1) In general.--Section 498A(b) of that Act (22
            U.S.C. 2295a(b)) is amended--* * *
              (2) Definition--Subsection (k) of section 498B of
            that Act (22 U.S.C. 2295b(k)) is amended * * *
              (3) Exception.--Section 498A(c) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2295A(c)) is amended
            by inserting after paragraph (3) the following new
            paragraph: * * *
        (d) Facilities at Lourdes, Cuba.--
              (1) Disapproval of credits.--The Congress expresses
            its strong disapproval of the extension by Russia of
            credits equivalent to $200,000,000 in support of the
            intelligence facility at Lourdes, Cuba, in November
            1994.
              (2) Reduction in assistance.--Section 498A of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is
            amended by adding at the end the following new
            subsection: * * *

    SEC. 107.\14\ TELEVISION BROADCASTING TO CUBA.

        (a) Conversion to UHF.--The Director of the International
    Broadcasting Bureau \15\ shall implement a conversion of
    television broadcasting to Cuba under the Television Marti
    Service to ultra high frequency (UHF) broadcasting.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6037. For other legislation relating to broadcasting
    to Cuba, see Legislation on Foreign Relations Through 2005, vol. II.
        \15\ Sec. 1335(r) of the Foreign Affairs Reform and Restructuring
    Act of 1998 (Division G of Public Law 105-277; 112 Stat. 2681-790)
    struck out ``Director of the United States Information Agency'' and
    inserted in lieu thereof ``Director of the International Broadcasting
    Bureau''.
    ---------------------------------------------------------------------------
        (b) Periodic Reports.--Not later than 45 days after the
    date of the enactment of this Act, and every three months
    thereafter until the conversion described in subsection (a) is
    fully implemented, the Director of the International
    Broadcasting Bureau \15\ shall submit a report to the
    appropriate congressional committees on the progress made in
    carrying out subsection (a).
        (c) Termination of Broadcasting Authorities.--Upon
    transmittal of a determination under section 203(c)(3), the
    Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and
    following) and the Radio Broadcasting to Cuba Act (22 U.S.C.
    1465 and following) are repealed.

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

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

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

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

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

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

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

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6041.
    ---------------------------------------------------------------------------
              (1) President Clinton stated in April 1993 that the
            United States opposed the construction of the Juragua
            nuclear power plant because of the concerns of the
            United States about Cuba's ability to ensure the safe
            operation of the facility and because of Cuba's refusal
            to sign the Nuclear Non-Proliferation Treaty or ratify
            the Treaty of Tlatelolco.
              (2) Cuba has not signed the Treaty on the Non-
            Proliferation of Nuclear Weapons or ratified the Treaty
            of Tlatelolco, the latter of which establishes Latin
            America and the Caribbean as a nuclear weapons-free
            zone.
              (3) The State Department, the Nuclear Regulatory
            Commission, and the Department of Energy have expressed
            concerns about the construction and operation of Cuba's
            nuclear reactors.
              (4) In a September 1992 report to the Congress, the
            General Accounting Office \20\ outlined concerns among
            nuclear energy experts about deficiencies in the
            nuclear plant project in Juragua, near Cienfuegos,
            Cuba, including--
    ---------------------------------------------------------------------------
        \20\ 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.''.
    ---------------------------------------------------------------------------
                      (A) a lack in Cuba of a nuclear regulatory
                    structure;
                      (B) the absence in Cuba of an adequate
                    infrastructure to ensure the plant's safe
                    operation and requisite maintenance;
                      (C) the inadequacy of training of plant
                    operators;
                      (D) reports by a former technician from Cuba
                    who, by examining with x-rays weld sites
                    believed to be part of the auxiliary plumbing
                    system for the plant, found that 10 to 15
                    percent of those sites were defective;
                      (E) since September 5, 1992, when
                    construction on the plant was halted, the
                    prolonged exposure to the elements, including
                    corrosive salt water vapor, of the primary
                    reactor components; and
                      (F) the possible inadequacy of the upper
                    portion of the reactors' dome retention
                    capability to withstand only 7 pounds of
                    pressure per square inch, given that normal
                    atmospheric pressure is 32 pounds per square
                    inch and United States reactors are designed to
                    accommodate pressures of 50 pounds per square
                    inch.
              (5) The United States Geological Survey claims that
            it had difficulty determining answers to specific
            questions regarding earthquake activity in the area
            near Cienfuegos because the Cuban Government was not
            forthcoming with information.
              (6) The Geological Survey has indicated that the
            Caribbean plate, a geological formation near the south
            coast of Cuba, may pose seismic risks to Cuba and the
            site of the power plant, and may produce large to
            moderate earthquakes.
              (7) On May 25, 1992, the Caribbean plate produced an
            earthquake numbering 7.0 on the Richter scale.
              (8) According to a study by the National Oceanic and
            Atmospheric Administration, summer winds could carry
            radioactive pollutants from a nuclear accident at the
            power plant throughout all of Florida and parts of the
            States on the coast of the Gulf of Mexico as far as
            Texas, and northern winds could carry the pollutants as
            far northeast as Virginia and Washington, D.C.
              (9) The Cuban Government, under dictator Fidel
            Castro, in 1962 advocated the Soviets' launching of
            nuclear missiles to the United States, which
            represented a direct and dangerous provocation of the
            United States and brought the world to the brink of a
            nuclear conflict.
              (10) Fidel Castro over the years has consistently
            issued threats against the United States Government,
            most recently that he would unleash another perilous
            mass migration from Cuba upon the enactment of this
            Act.
              (11) Despite the various concerns about the plant's
            safety and operational problems, a feasibility study is
            being conducted that would establish a support group to
            include Russia, Cuba, and third countries with the
            objective of completing and operating the plant.
        (b) Withholding of Foreign Assistance.--
              (1) In general.--Notwithstanding any other provision
            of law, the President shall withhold from assistance
            allocated, on or after the date of the enactment of
            this Act, for any country an amount equal to the sum of
            assistance and credits, if any, provided on or after
            such date of enactment by that country or any entity in
            that country in support of the completion of the Cuban
            nuclear facility at Juragua, near Cienfuegos, Cuba.
              (2) Exceptions.--The requirement of paragraph (1) to
            withhold assistance shall not apply with respect to--
                      (A) assistance to meet urgent humanitarian
                    needs, including disaster and refugee relief;
                      (B) democratic political reform or rule of
                    law activities;
                      (C) the creation of private sector or
                    nongovernmental organizations that are
                    independent of government control;
                      (D) the development of a free market economic
                    system;
                      (E) assistance for the purposes described in
                    the Cooperative Threat Reduction Act of 1993
                    (title XII of Public Law 103-160); or
                      (F) assistance under the secondary school
                    exchange program administered by the United
                    States Information Agency.
              (3) Definition.--As used in paragraph (1), the term
            ``assistance'' means assistance under the Foreign
            Assistance Act of 1961, credits, sales, guarantees of
            extensions of credit, and other assistance under the
            Arms Export Control Act, assistance under titles I and
            III of the Agricultural Trade Development and
            Assistance Act of 1954, assistance under the FREEDOM
            Support Act, and any other program of assistance or
            credits provided by the United States to other
            countries under other provisions of law.

    SEC. 112.\21\ REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO CUBA.

        It is the sense of the Congress that the President should--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6042.
    ---------------------------------------------------------------------------
              (1)(A) before considering the reinstitution of
            general licenses for family remittances to Cuba, insist
            that, prior to such reinstitution, the Cuban Government
            permit the unfettered operation of small businesses
            fully empowered with the right to hire others to whom
            they may pay wages and to buy materials necessary in
            the operation of the businesses, and with such other
            authority and freedom as are required to foster the
            operation of small businesses throughout Cuba; and
              (B) if licenses described in subparagraph (A) are
            reinstituted, require a specific license for
            remittances described in subparagraph (A) in amounts of
            more than $500; and
              (2) before considering the reinstitution of general
            licenses for travel to Cuba by individuals resident in
            the United States who are family members of Cuban
            nationals who are resident in Cuba, insist on such
            actions by the Cuban Government as abrogation of the
            sanction for departure from Cuba by refugees, release
            of political prisoners, recognition of the right of
            association, and other fundamental freedoms.

    SEC. 113.\22\ EXPULSION OF CRIMINALS FROM CUBA.

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

    SEC. 114.\23\ NEWS BUREAUS IN CUBA.

        (a) Establishment of News Bureaus.--The President is
    authorized to establish and implement an exchange of news
    bureaus between the United States and Cuba, if the exchange
    meets the following conditions:
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6044.
    ---------------------------------------------------------------------------
              (1) The exchange is fully reciprocal.
              (2) The Cuban Government agrees not to interfere with
            the establishment of news bureaus or with the movement
            in Cuba of journalists of any United States-based news
            organizations, including Radio Marti and Television
            Marti.
              (3) The Cuban Government agrees not to interfere with
            decisions of United States-based news organizations
            with respect to individuals assigned to work as
            journalists in their news bureaus in Cuba.
              (4) The Department of the Treasury is able to ensure
            that only accredited journalists regularly employed
            with a news gathering organization travel to Cuba under
            this subsection.
              (5) The Cuban Government agrees not to interfere with
            the transmission of telecommunications signals of news
            bureaus or with the distribution within Cuba of
            publications of any United States-based news
            organization that has a news bureau in Cuba.
        (b) Assurance Against Espionage.--In implementing this
    section, the President shall take all necessary steps to ensure
    the safety and security of the United States against espionage
    by Cuban journalists it believes to be working for the
    intelligence agencies of the Cuban Government.
        (c) Fully Reciprocal.--As used in subsection (a)(1), the
    term ``fully reciprocal'' means that all news services, news
    organizations, and broadcasting services, including such
    services or organizations that receive financing, assistance,
    or other support from a governmental or official source, are
    permitted to establish and operate a news bureau in the United
    States and Cuba.

    SEC. 115.\24\ EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT
                        ACTIVITIES.

        Nothing in this Act prohibits any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency, or of an intelligence agency, of the United
    States.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6045.
    ---------------------------------------------------------------------------

    SEC. 116.\25\ CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 6046.
    ---------------------------------------------------------------------------
              (1) Brothers to the Rescue is a Miami-based
            humanitarian organization engaged in searching for and
            aiding Cuban refugees in the Straits of Florida, and
            was engaged in such a mission on Saturday, February 24,
            1996.
              (2) The members of Brothers to the Rescue were flying
            unarmed and defenseless planes in a mission identical
            to hundreds they have flown since 1991 and posed no
            threat whatsoever to the Cuban Government, the Cuban
            military, or the Cuban people.
              (3) Statements by the Cuban Government that Brothers
            to the Rescue has engaged in covert operations, bombing
            campaigns, and commando operations against the
            Government of Cuba have no basis in fact.
              (4) The Brothers to the Rescue aircraft notified air
            traffic controllers as to their flight plans, which
            would take them south of the 24th parallel and close to
            Cuban airspace.
              (5) International law provides a nation with airspace
            over the 12-mile territorial sea.
              (6) The response of Fidel Castro's dictatorship to
            Saturday's afternoon flight was to scramble 2 fighter
            jets from a Havana airfield.
              (7) At approximately 3:24 p.m., the pilot of one of
            the Cuban MiGs received permission and proceeded to
            shoot down one Brothers to the Rescue airplane more
            than 6 miles north of the Cuban exclusion zone, or 18
            miles from the Cuban coast.
              (8) Approximately 7 minutes later, the pilot of the
            Cuban fighter jet received permission and proceeded to
            shoot down the second Brothers to the Rescue airplane
            almost 18.5 miles north of the Cuban exclusion zone, or
            30.5 miles from the Cuban coast.
              (9) The Cuban dictatorship, if it truly felt
            threatened by the flight of these unarmed aircraft,
            could have and should have pursued other peaceful
            options as required by international law.
              (10) The response chosen by Fidel Castro, the use of
            lethal force, was completely inappropriate to the
            situation presented to the Cuban Government, making
            such actions a blatant and barbaric violation of
            international law and tantamount to cold-blooded
            murder.
              (11) There were no survivors of the attack on these
            aircraft, and the crew of a third aircraft managed to
            escape this criminal attack by Castro's Air Force.
              (12) The crew members of the destroyed planes, Pablo
            Morales, Carlos Costa, Mario de la Pena, and Armando
            Alejandre, were United States citizens from Miami
            flying with Brothers to the Rescue on a voluntary
            basis.
              (13) It is incumbent upon the United States
            Government to protect the lives and livelihoods of
            United States citizens as well as the rights of free
            passage and humanitarian missions.
              (14) This premeditated act took place after a week-
            long wave of repression by the Cuban Government against
            Concilio Cubano, an umbrella organization of human
            rights activists, dissidents, independent economists,
            and independent journalists, among others.
              (15) The wave of repression against Concilio Cubano,
            whose membership is committed to peaceful democratic
            change in Cuba, included arrests, strip searches, house
            arrests, and in some cases sentences to more than 1
            year in jail.
        (b) Statements by the Congress.--(1) The Congress strongly
    condemns the act of terrorism by the Castro regime in shooting
    down the Brothers to the Rescue aircraft on February 24, 1996.
        (2) The Congress extends its condolences to the families of
    Pablo Morales, Carlos Costa, Mario de la Pena, and Armando
    Alejandre, the victims of the attack.
        (3) The Congress urges the President to seek, in the
    International Court of Justice, indictment for this act of
    terrorism by Fidel Castro.

              TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

    SEC. 201.\26\ POLICY TOWARD A TRANSITION GOVERNMENT AND A
                        DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.

        The policy of the United States is as follows:
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 6061.
    ---------------------------------------------------------------------------
              (1) To support the self-determination of the Cuban
            people.
              (2) To recognize that the self-determination of the
            Cuban people is a sovereign and national right of the
            citizens of Cuba which must be exercised free of
            interference by the government of any other country.
              (3) To encourage the Cuban people to empower
            themselves with a government which reflects the self-
            determination of the Cuban people.
              (4) To recognize the potential for a difficult
            transition from the current regime in Cuba that may
            result from the initiatives taken by the Cuban people
            for self-determination in response to the intransigence
            of the Castro regime in not allowing any substantive
            political or economic reforms, and to be prepared to
            provide the Cuban people with humanitarian,
            developmental, and other economic assistance.
              (5) In solidarity with the Cuban people, to provide
            appropriate forms of assistance--
                      (A) to a transition government in Cuba;
                      (B) to facilitate the rapid movement from
                    such a transition government to a
                    democratically elected government in Cuba that
                    results from an expression of the self-
                    determination of the Cuban people; and
                      (C) to support such a democratically elected
                    government.
              (6) Through such assistance, to facilitate a peaceful
            transition to representative democracy and a market
            economy in Cuba and to consolidate democracy in Cuba.
              (7) To deliver such assistance to the Cuban people
            only through a transition government in Cuba, through a
            democratically elected government in Cuba, through
            United States Government organizations, or through
            United States, international, or indigenous
            nongovernmental organizations.
              (8) To encourage other countries and multilateral
            organizations to provide similar assistance, and to
            work cooperatively with such countries and
            organizations to coordinate such assistance.
              (9) To ensure that appropriate assistance is rapidly
            provided and distributed to the people of Cuba upon the
            institution of a transition government in Cuba.
              (10) Not to provide favorable treatment or influence
            on behalf of any individual or entity in the selection
            by the Cuban people of their future government.
              (11) To assist a transition government in Cuba and a
            democratically elected government in Cuba to prepare
            the Cuban military forces for an appropriate role in a
            democracy.
              (12) To be prepared to enter into negotiations with a
            democratically elected government in Cuba either to
            return the United States Naval Base at Guantanamo to
            Cuba or to renegotiate the present agreement under
            mutually agreeable terms.
              (13) To consider the restoration of diplomatic
            recognition and support the reintegration of the Cuban
            Government into Inter-American organizations when the
            President determines that there exists a democratically
            elected government in Cuba.
              (14) To take steps to remove the economic embargo of
            Cuba when the President determines that a transition to
            a democratically elected government in Cuba has begun.
              (15) To assist a democratically elected government in
            Cuba to strengthen and stabilize its national currency.
              (16) To pursue trade relations with a free,
            democratic, and independent Cuba.

    SEC. 202.\27\ ASSISTANCE FOR THE CUBAN PEOPLE.

        (a) Authorization.--
              (1) In general.--The President shall develop a plan
            for providing economic assistance to Cuba at such time
            as the President determines that a transition
            government or a democratically elected government in
            Cuba (as determined under section 203(c)) is in power.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 6062.
    ---------------------------------------------------------------------------
              (2) Effect on other laws.--Assistance may be provided
            under this section subject to an authorization of
            appropriations and subject to the availability of
            appropriations.
        (b) Plan for Assistance.--
              (1) Development of plan.--The President shall develop
            a plan for providing assistance under this section--
                      (A) to Cuba when a transition government in
                    Cuba is in power; and
                      (B) to Cuba when a democratically elected
                    government in Cuba is in power.
              (2) Types of assistance.--Assistance under the plan
            developed under paragraph (1) may, subject to an
            authorization of appropriations and subject to the
            availability of appropriations, include the following:
                      (A) Transition government.--(i) Except as
                    provided in clause (ii), assistance to Cuba
                    under a transition government shall, subject to
                    an authorization of appropriations and subject
                    to the availability of appropriations, be
                    limited to--
                              (I) such food, medicine, medical
                            supplies and equipment, and assistance
                            to meet emergency energy needs, as is
                            necessary to meet the basic human needs
                            of the Cuban people; and
                              (II) assistance described in
                            subparagraph (C).
                      (ii) Assistance in addition to assistance
                    under clause (i) may be provided, but only
                    after the President certifies to the
                    appropriate congressional committees, in
                    accordance with procedures applicable to
                    reprogramming notifications under section 634A
                    of the Foreign Assistance Act of 1961, that
                    such assistance is essential to the successful
                    completion of the transition to democracy.
                      (iii) Only after a transition government in
                    Cuba is in power, freedom of individuals to
                    travel to visit their relatives without any
                    restrictions shall be permitted.
                      (B) Democratically elected government.--
                    Assistance to a democratically elected
                    government in Cuba may, subject to an
                    authorization of appropriations and subject to
                    the availability of appropriations, consist of
                    economic assistance in addition to assistance
                    available under subparagraph (A), together with
                    assistance described in subparagraph (C). Such
                    economic assistance may include--
                              (i) assistance under chapter 1 of
                            part I (relating to development
                            assistance), and chapter 4 of part II
                            (relating to the economic support
                            fund), of the Foreign Assistance Act of
                            1961;
                              (ii) assistance under the
                            Agricultural Trade Development and
                            Assistance Act of 1954;
                              (iii) financing, guarantees, and
                            other forms of assistance provided by
                            the Export-Import Bank of the United
                            States;
                              (iv) financial support provided by
                            the Overseas Private Investment
                            Corporation for investment projects in
                            Cuba;
                              (v) assistance provided by the Trade
                            and Development Agency;
                              (vi) Peace Corps programs; and
                              (vii) other appropriate assistance to
                            carry out the policy of section 201.
                      (C) Military adjustment assistance.--
                    Assistance to a transition government in Cuba
                    and to a democratically elected government in
                    Cuba shall also include assistance in preparing
                    the Cuban military forces to adjust to an
                    appropriate role in a democracy.
        (c) Strategy for Distribution.--The plan developed under
    subsection (b) shall include a strategy for distributing
    assistance under the plan.
        (d) Distribution.--Assistance under the plan developed
    under subsection (b) shall be provided through United States
    Government organizations and nongovernmental organizations and
    private and voluntary organizations, whether within or outside
    the United States, including humanitarian, educational, labor,
    and private sector organizations.
        (e) International Efforts.--The President shall take the
    necessary steps--
              (1) to seek to obtain the agreement of other
            countries and of international financial institutions
            and multilateral organizations to provide to a
            transition government in Cuba, and to a democratically
            elected government in Cuba, assistance comparable to
            that provided by the United States under this Act; and
              (2) to work with such countries, institutions, and
            organizations to coordinate all such assistance
            programs.
        (f) Communication With the Cuban People.--The President
    shall take the necessary steps to communicate to the Cuban
    people the plan for assistance developed under this section.
        (g) Report to Congress.--Not later than 180 days after the
    date of the enactment of this Act, the President shall transmit
    to the appropriate congressional committees a report describing
    in detail the plan developed under this section.
        (h) Report on Trade and Investment Relations.--
              (1) Report to congress.--The President, following the
            transmittal to the Congress of a determination under
            section 203(c)(3) that a democratically elected
            government in Cuba is in power, shall submit to the
            Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate and the appropriate congressional committees a
            report that describes--
                      (A) acts, policies, and practices which
                    constitute significant barriers to, or
                    distortions of, United States trade in goods or
                    services or foreign direct investment with
                    respect to Cuba;
                      (B) policy objectives of the United States
                    regarding trade relations with a democratically
                    elected government in Cuba, and the reasons
                    therefor, including possible--
                              (i) reciprocal extension of
                            nondiscriminatory trade treatment
                            (most-favored-nation treatment);
                              (ii) designation of Cuba as a
                            beneficiary developing country under
                            title V of the Trade Act of 1974
                            (relating to the Generalized System of
                            Preferences) or as a beneficiary
                            country under the Caribbean Basin
                            Economic Recovery Act, and the
                            implications of such designation with
                            respect to trade with any other country
                            that is such a beneficiary developing
                            country or beneficiary country or is a
                            party to the North American Free Trade
                            Agreement; and
                              (iii) negotiations regarding free
                            trade, including the accession of Cuba
                            to the North American Free Trade
                            Agreement;
                      (C) specific trade negotiating objectives of
                    the United States with respect to Cuba,
                    including the objectives described in section
                    108(b)(5) of the North American Free Trade
                    Agreement Implementation Act (19 U.S.C.
                    3317(b)(5)); and
                      (D) actions proposed or anticipated to be
                    undertaken, and any proposed legislation
                    necessary or appropriate, to achieve any of
                    such policy and negotiating objectives.
              (2) Consultation.--The President shall consult with
            the Committee on Ways and Means of the House of
            Representatives and the Committee on Finance of the
            Senate and the appropriate congressional committees and
            shall seek advice from the appropriate advisory
            committees established under section 135 of the Trade
            Act of 1974 regarding the policy and negotiating
            objectives and the legislative proposals described in
            paragraph (1).

    SEC. 203.\28\ COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND
                        REPORTS TO CONGRESS; REPROGRAMMING.

        (a) Coordinating Official.--The President shall designate a
    coordinating official who shall be responsible for--
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 6063.
    ---------------------------------------------------------------------------
              (1) implementing the strategy for distributing
            assistance described in section 202(b);
              (2) ensuring the speedy and efficient distribution of
            such assistance; and
              (3) ensuring coordination among, and appropriate
            oversight by, the agencies of the United States that
            provide assistance described in section 202(b),
            including resolving any disputes among such agencies.
        (b) United States--Cuba Council.--Upon making a
    determination under subsection (c)(3) that a democratically
    elected government in Cuba is in power, the President, after
    consultation with the coordinating official, is authorized to
    designate a United States-Cuba council--
              (1) to ensure coordination between the United States
            Government and the private sector in responding to
            change in Cuba, and in promoting market-based
            development in Cuba; and
              (2) to establish periodic meetings between
            representatives of the United States and Cuban private
            sectors for the purpose of facilitating bilateral
            trade.
        (c) Implementation of Plan; Reports to Congress.--
              (1) Implementation with respect to transition
            government.--Upon making a determination that a
            transition government in Cuba is in power, the
            President shall transmit that determination to the
            appropriate congressional committees and shall, subject
            to an authorization of appropriations and subject to
            the availability of appropriations, commence the
            delivery and distribution of assistance to such
            transition government under the plan developed under
            section 202(b).
              (2) Reports to congress.--(A) The President shall
            transmit to the appropriate congressional committees a
            report setting forth the strategy for providing
            assistance described in section 202(b)(2) (A) and (C)
            to the transition government in Cuba under the plan of
            assistance developed under section 202(b), the types of
            such assistance, and the extent to which such
            assistance has been distributed in accordance with the
            plan.
              (B) The President shall transmit the report not later
            than 90 days after making the determination referred to
            in paragraph (1), except that the President shall
            transmit the report in preliminary form not later than
            15 days after making that determination.
              (3) Implementation with respect to democratically
            elected government.--The President shall, upon
            determining that a democratically elected government in
            Cuba is in power, submit that determination to the
            appropriate congressional committees and shall, subject
            to an authorization of appropriations and subject to
            the availability of appropriations, commence the
            delivery and distribution of assistance to such
            democratically elected government under the plan
            developed under section 202(b).
              (4) Annual reports to congress.--Not later than 60
            days after the end of each fiscal year, the President
            shall transmit to the appropriate congressional
            committees a report on the assistance provided under
            the plan developed under section 202(b), including a
            description of each type of assistance, the amounts
            expended for such assistance, and a description of the
            assistance to be provided under the plan in the current
            fiscal year.
        (d) Reprogramming.--Any changes in the assistance to be
    provided under the plan developed under section 202(b) may not
    be made unless the President notifies the appropriate
    congressional committees at least 15 days in advance in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2394-1).

    SEC. 204.\29\ 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.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 6064.
    ---------------------------------------------------------------------------
        (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.\30\
    ---------------------------------------------------------------------------
        \30\ 7 U.S.C. 1446g note.
    ---------------------------------------------------------------------------
        (e) Review of Suspension of Economic Embargo.--
              (1) Review.--If the President takes action under
            subsection (a) to suspend the economic embargo of Cuba,
            the President shall immediately so notify the Congress.
            The President shall report to the Congress no less
            frequently than every 6 months thereafter, until he
            submits a determination under section 203(c)(3) that a
            democratically elected government in Cuba is in power,
            on the progress being made by Cuba toward the
            establishment of such a democratically elected
            government. The action of the President under
            subsection (a) shall cease to be effective upon the
            enactment of a joint resolution described in paragraph
            (2).
              (2) Joint Resolutions.--For purposes of this
            subsection, the term ``joint resolution'' means only a
            joint resolution of the 2 Houses of Congress, the
            matter after the resolving clause of which is as
            follows: ``That the Congress disapproves the action of
            the President under section 204(a) of the Cuban Liberty
            and Democratic Solidarity (LIBERTAD) Act of 1996 to
            suspend the economic embargo of Cuba, notice of which
            was submitted to the Congress on ____.'', with the
            blank space being filled with the appropriate date.
              (3) Referral to committees.--Joint resolutions
            introduced in the House of Representatives shall be
            referred to the Committee on International Relations
            and joint resolutions introduced in the Senate shall be
            referred to the Committee on Foreign Relations.
              (4) Procedures.--(A) Any joint resolution shall be
            considered in the Senate in accordance with the
            provisions of section 601(b) of the International
            Security Assistance and Arms Export Control Act of
            1976.
              (B) For the purpose of expediting the consideration
            and enactment of joint resolutions, a motion to proceed
            to the consideration of any joint resolution after it
            has been reported by the appropriate committee shall be
            treated as highly privileged in the House of
            Representatives.
              (C) Not more than 1 joint resolution may be
            considered in the House of Representatives and the
            Senate in the 6-month period beginning on the date on
            which the President notifies the Congress under
            paragraph (1) of the action taken under subsection (a),
            and in each 6-month period thereafter.

    SEC. 205.\31\ REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSITION
                        GOVERNMENT.

        (a) Requirements.--For the purposes of this Act, a
    transition government in Cuba is a government that--
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 6065.
    ---------------------------------------------------------------------------
              (1) has legalized all political activity;
              (2) has released all political prisoners and allowed
            for investigations of Cuban prisons by appropriate
            international human rights organizations;
              (3) has dissolved the present Department of State
            Security in the Cuban Ministry of the Interior,
            including the Committees for the Defense of the
            Revolution and the Rapid Response Brigades; and
              (4) has made public commitments to organizing free
            and fair elections for a new government--
                      (A) to be held in a timely manner within a
                    period not to exceed 18 months after the
                    transition government assumes power;
                      (B) with the participation of multiple
                    independent political parties that have full
                    access to the media on an equal basis,
                    including (in the case of radio, television, or
                    other telecommunications media) in terms of
                    allotments of time for such access and the
                    times of day such allotments are given; and
                      (C) to be conducted under the supervision of
                    internationally recognized observers, such as
                    the Organization of American States, the United
                    Nations, and other election monitors;
              (5) has ceased any interference with Radio Marti or
            Television Marti broadcasts;
              (6) makes public commitments to and is making
            demonstrable progress in--
                      (A) establishing an independent judiciary;
                      (B) respecting internationally recognized
                    human rights and basic freedoms as set forth in
                    the Universal Declaration of Human Rights, to
                    which Cuba is a signatory nation;
                      (C) allowing the establishment of independent
                    trade unions as set forth in conventions 87 and
                    98 of the International Labor Organization, and
                    allowing the establishment of independent
                    social, economic, and political associations;
              (7) does not include Fidel Castro or Raul Castro; and
              (8) has given adequate assurances that it will allow
            the speedy and efficient distribution of assistance to
            the Cuban people.
        (b) Additional Factors.--In addition to the requirements in
    subsection (a), in determining whether a transition government
    in Cuba is in power, the President shall take into account the
    extent to which that government--
              (1) is demonstrably in transition from a communist
            totalitarian dictatorship to representative democracy;
              (2) has made public commitments to, and is making
            demonstrable progress in--
                      (A) effectively guaranteeing the rights of
                    free speech and freedom of the press, including
                    granting permits to privately owned media and
                    telecommunications companies to operate in
                    Cuba;
                      (B) permitting the reinstatement of
                    citizenship to Cuban-born persons returning to
                    Cuba;
                      (C) assuring the right to private property;
                    and
                      (D) taking appropriate steps to return to
                    United States citizens (and entities which are
                    50 percent or more beneficially owned by United
                    States citizens) property taken by the Cuban
                    Government from such citizens and entities on
                    or after January 1, 1959, or to provide
                    equitable compensation to such citizens and
                    entities for such property;
              (3) has extradited or otherwise rendered to the
            United States all persons sought by the United States
            Department of Justice for crimes committed in the
            United States; and
              (4) has permitted the deployment throughout Cuba of
            independent and unfettered international human rights
            monitors.

    SEC. 206.\32\ REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY ELECTED
                        GOVERNMENT.

        For purposes of this Act, a democratically elected
    government in Cuba, in addition to meeting the requirements of
    section 205(a), is a government which--
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 6066.
    ---------------------------------------------------------------------------
              (1) results from free and fair elections--
                      (A) conducted under the supervision of
                    internationally recognized observers; and
                      (B) in which--
                              (i) opposition parties were permitted
                            ample time to organize and campaign for
                            such elections; and
                              (ii) all candidates were permitted
                            full access to the media;
              (2) is showing respect for the basic civil liberties
            and human rights of the citizens of Cuba;
              (3) is substantially moving toward a market-oriented
            economic system based on the right to own and enjoy
            property;
              (4) is committed to making constitutional changes
            that would ensure regular free and fair elections and
            the full enjoyment of basic civil liberties and human
            rights by the citizens of Cuba;
              (5) has made demonstrable progress in establishing an
            independent judiciary; and
              (6) has made demonstrable progress in returning to
            United States citizens (and entities which are 50
            percent or more beneficially owned by United States
            citizens) property taken by the Cuban Government from
            such citizens and entities on or after January 1, 1959,
            or providing full compensation for such property in
            accordance with international law standards and
            practice.

    SEC. 207.\33\ SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO
                        CONFISCATED PROPERTY IN CUBA.

        (a) Report to Congress.--Not later than 180 days after the
    date of the enactment of this Act, the Secretary of State shall
    provide a report to the appropriate congressional committees
    containing an assessment of the property dispute question in
    Cuba, including--
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 6067.
    ---------------------------------------------------------------------------
              (1) an estimate of the number and amount of claims to
            property confiscated by the Cuban Government that are
            held by United States nationals in addition to those
            claims certified under section 507 of the International
            Claims Settlement Act of 1949;
              (2) an assessment of the significance of promptly
            resolving confiscated property claims to the
            revitalization of the Cuban economy;
              (3) a review and evaluation of technical and other
            assistance that the United States could provide to help
            either a transition government in Cuba or a
            democratically elected government in Cuba establish
            mechanisms to resolve property questions;
              (4) an assessment of the role and types of support
            the United States could provide to help resolve claims
            to property confiscated by the Cuban Government that
            are held by United States nationals who did not receive
            or qualify for certification under section 507 of the
            International Claims Settlement Act of 1949; and
              (5) an assessment of any areas requiring legislative
            review or action regarding the resolution of property
            claims in Cuba prior to a change of government in Cuba.
        (d) Sense of Congress.--It is the sense of the Congress
    that the satisfactory resolution of property claims by a Cuban
    Government recognized by the United States remains an essential
    condition for the full resumption of economic and diplomatic
    relations between the United States and Cuba.

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

    SEC. 301.\34\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 6081.
    ---------------------------------------------------------------------------
              (1) Individuals enjoy a fundamental right to own and
            enjoy property which is enshrined in the United States
            Constitution.
              (2) The wrongful confiscation or taking of property
            belonging to United States nationals by the Cuban
            Government, and the subsequent exploitation of this
            property at the expense of the rightful owner,
            undermines the comity of nations, the free flow of
            commerce, and economic development.
              (3) Since Fidel Castro seized power in Cuba in 1959--
                      (A) he has trampled on the fundamental rights
                    of the Cuban people; and
                      (B) through his personal despotism, he has
                    confiscated the property of--
                              (i) millions of his own citizens;
                              (ii) thousands of United States
                            nationals; and
                              (iii) thousands more Cubans who
                            claimed asylum in the United States as
                            refugees because of persecution and
                            later became naturalized citizens of
                            the United States.
              (4) It is in the interest of the Cuban people that
            the Cuban Government respect equally the property
            rights of Cuban nationals and nationals of other
            countries.
              (5) The Cuban Government is offering foreign
            investors the opportunity to purchase an equity
            interest in, manage, or enter into joint ventures using
            property and assets some of which were confiscated from
            United States nationals.
              (6) This ``trafficking'' in confiscated property
            provides badly needed financial benefit, including hard
            currency, oil, and productive investment and expertise,
            to the current Cuban Government and thus undermines the
            foreign policy of the United States--
                      (A) to bring democratic institutions to Cuba
                    through the pressure of a general economic
                    embargo at a time when the Castro regime has
                    proven to be vulnerable to international
                    economic pressure; and
                      (B) to protect the claims of United States
                    nationals who had property wrongfully
                    confiscated by the Cuban Government.
              (7) The United States Department of State has
            notified other governments that the transfer to third
            parties of properties confiscated by the Cuban
            Government ``would complicate any attempt to return
            them to their original owners''.
              (8) The international judicial system, as currently
            structured, lacks fully effective remedies for the
            wrongful confiscation of property and for unjust
            enrichment from the use of wrongfully confiscated
            property by governments and private entities at the
            expense of the rightful owners of the property.
              (9) International law recognizes that a nation has
            the ability to provide for rules of law with respect to
            conduct outside its territory that has or is intended
            to have substantial effect within its territory.
              (10) The United States Government has an obligation
            to its citizens to provide protection against wrongful
            confiscations by foreign nations and their citizens,
            including the provision of private remedies.
              (11) To deter trafficking in wrongfully confiscated
            property, United States nationals who were the victims
            of these confiscations should be endowed with a
            judicial remedy in the courts of the United States that
            would deny traffickers any profits from economically
            exploiting Castro's wrongful seizures.

    SEC. 302.\35\ LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED
                        BY UNITED STATES NATIONALS.

        (a) Civil Remedy.--
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 6082.
    ---------------------------------------------------------------------------
              (1) Liability for trafficking.--(A) Except as
            otherwise provided in this section, any person that,
            after the end of the 3-month period beginning on the
            effective date of this title, traffics in property
            which was confiscated by the Cuban Government on or
            after January 1, 1959, shall be liable to any United
            States national who owns the claim to such property for
            money damages in an amount equal to the sum of--
                      (i) the amount which is the greater of--
                              (I) the amount, if any, certified to
                            the claimant by the Foreign Claims
                            Settlement Commission under the
                            International Claims Settlement Act of
                            1949, plus interest;
                              (II) the amount determined under
                            section 303(a)(2), plus interest; or
                              (III) the fair market value of that
                            property, calculated as being either
                            the current value of the property, or
                            the value of the property when
                            confiscated plus interest, whichever is
                            greater; and
                      (ii) court costs and reasonable attorneys'
                    fees.
              (B) Interest under subparagraph (A)(i) shall be at
            the rate set forth in section 1961 of title 28, United
            States Code, computed by the court from the date of
            confiscation of the property involved to the date on
            which the action is brought under this subsection.
              (2) Presumption in favor of the certified claims.--
            There shall be a presumption that the amount for which
            a person is liable under clause (i) of paragraph (1)(A)
            is the amount that is certified as described in
            subclause (I) of that clause. The presumption shall be
            rebuttable by clear and convincing evidence that the
            amount described in subclause (II) or (III) of that
            clause is the appropriate amount of liability under
            that clause.
              (3) Increased liability.--(A) Any person that
            traffics in confiscated property for which liability is
            incurred under paragraph (1) shall, if a United States
            national owns a claim with respect to that property
            which was certified by the Foreign Claims Settlement
            Commission under title V of the International Claims
            Settlement Act of 1949, be liable for damages computed
            in accordance with subparagraph (C).
              (B) If the claimant in an action under this
            subsection (other than a United States national to whom
            subparagraph (A) applies) provides, after the end of
            the 3-month period described in paragraph (1) notice
            to--
                      (i) a person against whom the action is to be
                    initiated, or
                      (ii) a person who is to be joined as a
                    defendant in the action,
            at least 30 days before initiating the action or
            joining such person as a defendant, as the case may be,
            and that person, after the end of the 30-day period
            beginning on the date the notice is provided, traffics
            in the confiscated property that is the subject of the
            action, then that person shall be liable to that
            claimant for damages computed in accordance with
            subparagraph (C).
              (C) Damages for which a person is liable under
            subparagraph (A) or subparagraph (B) are money damages
            in an amount equal to the sum of--
                      (i) the amount determined under paragraph
                    (1)(A)(ii), and
                      (ii) 3 times the amount determined applicable
                    under paragraph (1)(A)(i).
              (D) Notice to a person under subparagraph (B)--
                      (i) shall be in writing;
                      (ii) shall be posted by certified mail or
                    personally delivered to the person; and
                      (iii) shall contain--
                              (I) a statement of intention to
                            commence the action under this section
                            or to join the person as a defendant
                            (as the case may be), together with the
                            reasons therefor;
                              (II) a demand that the unlawful
                            trafficking in the claimant's property
                            cease immediately; and
                              (III) a copy of the summary statement
                            published under paragraph (8).
              (4) Applicability.--(A) Except as otherwise provided
            in this paragraph, actions may be brought under
            paragraph (1) with respect to property confiscated
            before, on, or after the date of the enactment of this
            Act.
              (B) In the case of property confiscated before the
            date of the enactment of this Act, a United States
            national may not bring an action under this section on
            a claim to the confiscated property unless such
            national acquires ownership of the claim before such
            date of enactment.
              (C) In the case of property confiscated on or after
            the date of the enactment of this Act, a United States
            national who, after the property is confiscated,
            acquires ownership of a claim to the property by
            assignment for value, may not bring an action on the
            claim under this section.
              (5) Treatment of certain actions.--(A) In the case of
            a United States national who was eligible to file a
            claim with the Foreign Claims Settlement Commission
            under title V of the International Claims Settlement
            Act of 1949 but did not so file the claim, that United
            States national may not bring an action on that claim
            under this section.
              (B) In the case of any action brought under this
            section by a United States national whose underlying
            claim in the action was timely filed with the Foreign
            Claims Settlement Commission under title V of the
            International Claims Settlement Act of 1949 but was
            denied by the Commission, the court shall accept the
            findings of the Commission on the claim as conclusive
            in the action under this section.
              (C) A United States national, other than a United
            States national bringing an action under this section
            on a claim certified under title V of the International
            Claims Settlement Act of 1949, may not bring an action
            on a claim under this section before the end of the 2-
            year period beginning on the date of the enactment of
            this Act.
              (D) An interest in property for which a United States
            national has a claim certified under title V of the
            International Claims Settlement Act of 1949 may not be
            the subject of a claim in an action under this section
            by any other person. Any person bringing an action
            under this section whose claim has not been so
            certified shall have the burden of establishing for the
            court that the interest in property that is the subject
            of the claim is not the subject of a claim so
            certified.
              (6) Inapplicability of act of state doctrine.--No
            court of the United States shall decline, based upon
            the act of state doctrine, to make a determination on
            the merits in an action brought under paragraph (1).
              (7) Licenses not required.--(A) Notwithstanding any
            other provision of law, an action under this section
            may be brought and may be settled, and a judgment
            rendered in such action may be enforced, without
            obtaining any license or other permission from any
            agency of the United States, except that this paragraph
            shall not apply to the execution of a judgment against,
            or the settlement of actions involving, property
            blocked under the authorities of section 5(b) of the
            Trading with the Enemy Act that were being exercised on
            July 1, 1977, as a result of a national emergency
            declared by the President before such date, and are
            being exercised on the date of the enactment of this
            Act.
              (B) Notwithstanding any other provision of law, and
            for purposes of this title only, any claim against the
            Cuban Government shall not be deemed to be an interest
            in property the transfer of which to a United States
            national required before the enactment of this Act, or
            requires after the enactment of this Act, a license
            issued by, or the permission of, any agency of the
            United States.
              (8) \36\ Publication by attorney general.--Not later
            than 60 days after the date of the enactment of this
            Act, the Attorney General shall prepare and publish in
            the Federal Register a concise summary of the
            provisions of this title, including a statement of the
            liability under this title of a person trafficking in
            confiscated property, and the remedies available to
            United States nationals under this title.
    ---------------------------------------------------------------------------
        \36\ The summary required by this paragraph may be found at 61 F.R.
    24955 (Department of Justice, AG Order No. 2029-96, effective May 17,
    1996).
    ---------------------------------------------------------------------------
        (b) Amount in Controversy.--An action may be brought under
    this section by a United States national only where the amount
    in controversy exceeds the sum or value of $50,000, exclusive
    of interest, costs, and attorneys' fees. In calculating $50,000
    for purposes of the preceding sentence, the applicable amount
    under subclause (I), (II), or (III) of subsection (a)(1)(A)(i)
    may not be tripled as provided in subsection (a)(3).
        (c) Procedural Requirements.--
              (1) In general.--Except as provided in this title,
            the provisions of title 28, United States Code, and the
            rules of the courts of the United States apply to
            actions under this section to the same extent as such
            provisions and rules apply to any other action brought
            under section 1331 of title 28, United States Code.
              (2) Service of process.--In an action under this
            section, service of process on an agency or
            instrumentality of a foreign state in the conduct of a
            commercial activity, or against individuals acting
            under color of law, shall be made in accordance with
            section 1608 of title 28, United States Code.
        (d) Enforceability of Judgments Against Cuban Government.--
    In an action brought under this section, any judgment against
    an agency or instrumentality of the Cuban Government shall not
    be enforceable against an agency or instrumentality of either a
    transition government in Cuba or a democratically elected
    government in Cuba.
        (e) Certain Property Immune From Execution.--Section 1611
    of title 28, United States Code, is amended by adding at the
    end the following new subsection:
        ``(c) Notwithstanding the provisions of section 1610 of
    this chapter, the property of a foreign state shall be immune
    from attachment and from execution in an action brought under
    section 302 of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 to the extent that the property is a
    facility or installation used by an accredited diplomatic
    mission for official purposes.''.
        (f) Election of Remedies.--
              (1) Election.--Subject to paragraph (2)--
                      (A) any United States national that brings an
                    action under this section may not bring any
                    other civil action or proceeding under the
                    common law, Federal law, or the law of any of
                    the several States, the District of Columbia,
                    or any commonwealth, territory, or possession
                    of the United States, that seeks monetary or
                    nonmonetary compensation by reason of the same
                    subject matter; and
                      (B) any person who brings, under the common
                    law or any provision of law other than this
                    section, a civil action or proceeding for
                    monetary or nonmonetary compensation arising
                    out of a claim for which an action would
                    otherwise be cognizable under this section may
                    not bring an action under this section on that
                    claim.
              (2) Treatment of certified claimants.--(A) In the
            case of any United States national that brings an
            action under this section based on a claim certified
            under title V of the International Claims Settlement
            Act of 1949--
                      (i) if the recovery in the action is equal to
                    or greater than the amount of the certified
                    claim, the United States national may not
                    receive payment on the claim under any
                    agreement entered into between the United
                    States and Cuba settling claims covered by such
                    title, and such national shall be deemed to
                    have discharged the United States from any
                    further responsibility to represent the United
                    States national with respect to that claim;
                      (ii) if the recovery in the action is less
                    than the amount of the certified claim, the
                    United States national may receive payment
                    under a claims agreement described in clause
                    (i) but only to the extent of the difference
                    between the amount of the recovery and the
                    amount of the certified claim; and
                      (iii) if there is no recovery in the action,
                    the United States national may receive payment
                    on the certified claim under a claims agreement
                    described in clause (i) to the same extent as
                    any certified claimant who does not bring an
                    action under this section.
              (B) In the event some or all actions brought under
            this section are consolidated by judicial or other
            action in such manner as to create a pool of assets
            available to satisfy the claims in such actions,
            including a pool of assets in a proceeding in
            bankruptcy, every claimant whose claim in an action so
            consolidated was certified by the Foreign Claims
            Settlement Commission under title V of the
            International Claims Settlement Act of 1949 shall be
            entitled to payment in full of its claim from the
            assets in such pool before any payment is made from the
            assets in such pool with respect to any claim not so
            certified.
        (g) Deposit of Excess Payments by Cuba Under Claims
    Agreement.--Any amounts paid by Cuba under any agreement
    entered into between the United States and Cuba settling
    certified claims under title V of the International Claims
    Settlement Act of 1949 that are in excess of the payments made
    on such certified claims after the application of subsection
    (f) shall be deposited into the United States Treasury.
        (h) Termination of Rights.--
              (1) In general.--All rights created under this
            section to bring an action for money damages with
            respect to property confiscated by the Cuban
            Government--
                      (A) may be suspended under section 204(a);
                    and
                      (B) shall cease upon transmittal to the
                    Congress of a determination of the President
                    under section 203(c)(3) that a democratically
                    elected government in Cuba is in power.
              (2) Pending suits.--The suspension or termination of
            rights under paragraph (1) shall not affect suits
            commenced before the date of such suspension or
            termination (as the case may be), and in all such
            suits, proceedings shall be had, appeals taken, and
            judgments rendered in the same manner and with the same
            effect as if the suspension or termination had not
            occurred.
        (i) Imposition of Filing Fees.--The Judicial Conference of
    the United States shall establish a uniform fee that shall be
    imposed upon the plaintiff or plaintiffs in each action brought
    under this section. The fee should be established at a level
    sufficient to recover the costs to the courts of actions
    brought under this section. The fee under this subsection is in
    addition to any other fees imposed under title 28, United
    States Code.

    SEC. 303.\37\ PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED PROPERTY.

        (a) Evidence of Ownership.--
    ---------------------------------------------------------------------------
        \37\ 22 U.S.C. 6083.
    ---------------------------------------------------------------------------
              (1) Conclusiveness of certified claims.--In any
            action brought under this title, the court shall accept
            as conclusive proof of ownership of an interest in
            property a certification of a claim to ownership of
            that interest that has been made by the Foreign Claims
            Settlement Commission under title V of the
            International Claims Settlement Act of 1949 (22 U.S.C.
            1643 and following).
              (2) Claims not certified.--If in an action under this
            title a claim has not been so certified by the Foreign
            Claims Settlement Commission, the court may appoint a
            special master, including the Foreign Claims Settlement
            Commission, to make determinations regarding the amount
            and ownership of the claim. Such determinations are
            only for evidentiary purposes in civil actions brought
            under this title and do not constitute certifications
            under title V of the International Claims Settlement
            Act of 1949.
              (3) Effect of determinations of foreign or
            international entities.--In determining the amount or
            ownership of a claim in an action under this title, the
            court shall not accept as conclusive evidence any
            findings, orders, judgments, or decrees from
            administrative agencies or courts of foreign countries
            or international organizations that declare the value
            of or invalidate the claim, unless the declaration of
            value or invalidation was found pursuant to binding
            international arbitration to which the United States or
            the claimant submitted the claim.
        (b) Amendment of the International Claims Settlement Act of
    1949.--Title V of the International Claims Settlement Act of
    1949 (22 U.S.C. 1643 and following) is amended by adding at the
    end the following new section:

     ``determination of ownership of claims referred by district courts of
                               the united states

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

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

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

      ``exclusivity of foreign claims settlement commission certification
                                   procedure

        ``Sec. 515.\38\ (a) Subject to subsection (b), neither any
    national of the United States who was eligible to file a claim
    under section 503 but did not timely file such claim under that
    section, nor any person who was ineligible to file a claim
    under section 503, nor any national of Cuba, including any
    agency, instrumentality, subdivision, or enterprise of the
    Government of Cuba or any local government of Cuba, nor any
    successor thereto, whether or not recognized by the United
    States, shall have a claim to, participate in, or otherwise
    have an interest in, the compensation proceeds or nonmonetary
    compensation paid or allocated to a national of the United
    States by virtue of a claim certified by the Commission under
    section 507, nor shall any district court of the United States
    have jurisdiction to adjudicate any such claim.
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 1643m.
    ---------------------------------------------------------------------------
        ``(b) Nothing in subsection (a) shall be construed to
    detract from or otherwise affect any rights in the shares of
    capital stock of nationals of the United States owning claims
    certified by the Commission under section 507.''.

    SEC. 305.\39\ LIMITATION OF ACTIONS.

        An action under section 302 may not be brought more than 2
    years after the trafficking giving rise to the action has
    ceased to occur.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 6084.
    ---------------------------------------------------------------------------

    SEC. 306.\40\ EFFECTIVE DATE.

        (a) In General.--Subject to subsections (b) and (c), this
    title and the amendments made by this title shall take effect
    on August 1, 1996.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 6085.
    ---------------------------------------------------------------------------
        (b) Suspension Authority.--
              (1) Suspension authority.--The President may suspend
            the effective date under subsection (a) for a period of
            not more than 6 months if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before such effective date
            that the suspension is necessary to the national
            interests of the United States and will expedite a
            transition to democracy in Cuba.
              (2) Additional suspensions.--The President may
            suspend the effective date under subsection (a) for
            additional periods of not more than 6 months each, each
            of which shall begin on the day after the last day of
            the period during which a suspension is in effect under
            this subsection, if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before the date on which
            the additional suspension is to begin that the
            suspension is necessary to the national interests of
            the United States and will expedite a transition to
            democracy in Cuba.
        (c) Other Authorities.--
              (1) Suspension.--After this title and the amendments
            of this title have taken effect--
                      (A) no person shall acquire a property
                    interest in any potential or pending action
                    under this title; and
                      (B) the President may suspend the right to
                    bring an action under this title with respect
                    to confiscated property for a period of not
                    more than 6 months if the President determines
                    and reports in writing to the appropriate
                    congressional committees at least 15 days
                    before the suspension takes effect that such
                    suspension is necessary to the national
                    interests of the United States and will
                    expedite a transition to democracy in Cuba.
              (2) Additional suspensions.--The President may
            suspend the right to bring an action under this title
            for additional periods of not more than 6 months each,
            each of which shall begin on the day after the last day
            of the period during which a suspension is in effect
            under this subsection, if the President determines and
            reports in writing to the appropriate congressional
            committees at least 15 days before the date on which
            the additional suspension is to begin that the
            suspension is necessary to the national interests of
            the United States and will expedite a transition to
            democracy in Cuba.
              (3) Pending suits.--The suspensions of actions under
            paragraph (1) shall not affect suits commenced before
            the date of such suspension, and in all such suits,
            proceedings shall be had, appeals taken, and judgments
            rendered in the same manner and with the same effect as
            if the suspension had not occurred.
        (d) Rescission of Suspension.--The President may rescind
    any suspension made under subsection (b) or (c) upon reporting
    to the appropriate congressional committees that doing so will
    expedite a transition to democracy in Cuba.

                   TITLE IV--EXCLUSION OF CERTAIN ALIENS \41\

    SEC. 401.\42\ EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE
                        CONFISCATED PROPERTY OF UNITED STATES NATIONALS OR
                        WHO TRAFFIC IN SUCH PROPERTY.

        (a) Grounds for Exclusion.--The Secretary of State shall
    deny a visa to, and the Attorney General shall exclude from the
    United States, any alien who the Secretary of State determines
    is a person who, after the date of the enactment of this Act--
    ---------------------------------------------------------------------------
        \41\ Guidelines for the implementation of title IV were issued on
    June 12, 1996, as Department of State Public Notice 2403 (61 F.R.
    30655).
        Sec. 2802 of the Foreign Relations Authorization Act, Fiscal Years
    1998 and 1999 (subdivision B of division G of Public Law 105-277; 112
    Stat. 2681-845), as amended by sec. 209(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), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 2802. reports on determinations under title iv of the libertad act.
    ---------------------------------------------------------------------------

        ``(a) Reports Required.--Not later than 30 days after the date of
    the enactment of this Act and every 3 months thereafter during the
    period ending September 30, 2001, the Secretary of State shall submit
    to the appropriate congressional committees a report on the
    implementation of section 401 of the Cuban Liberty and Democratic
    Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall
    include--
    ---------------------------------------------------------------------------

      ``(1) an unclassified list, by economic sector, of the number of entities
    then under review pursuant to that section;

      ``(2) an unclassified list of all entities and a classified list of all
    individuals that the Secretary of State has determined to be subject to
    that section;

      ``(3) an unclassified list of all entities and a classified list of all
    individuals that the Secretary of State has determined are no longer
    subject to that section;

      ``(4) an explanation of the status of the review underway for the cases
    referred to in paragraph (1); and

      ``(5) an unclassified explanation of each determination of the Secretary
    of State under section 401(a) of that Act and each finding of the Secretary
    under section 401(c) of that Act--

      ``(A) since the date of the enactment of this Act, in the case of the
    first report under this subsection; and

      ``(B) in the preceding 3-month period, in the case of each subsequent
    report.
    ---------------------------------------------------------------------------

        ``(b) Protection of Identity of Concerned Entities.--In preparing
    the report under subsection (a), the names of entities shall not be
    identified under paragraph (1) or (4).''.
        \42\ 22 U.S.C. 6091.
    ---------------------------------------------------------------------------
              (1) has confiscated, or has directed or overseen the
            confiscation of, property a claim to which is owned by
            a United States national, or converts or has converted
            for personal gain confiscated property, a claim to
            which is owned by a United States national;
              (2) traffics in confiscated property, a claim to
            which is owned by a United States national;
              (3) is a corporate officer, principal, or shareholder
            with a controlling interest of an entity which has been
            involved in the confiscation of property or trafficking
            in confiscated property, a claim to which is owned by a
            United States national; or
              (4) is a spouse, minor child, or agent of a person
            excludable under paragraph (1), (2), or (3).
        (b) Definitions.--As used in this section, the following
    terms have the following meanings:
              (1) Confiscated; confiscation.--The terms
            ``confiscated'' and ``confiscation'' refer to--
                      (A) the nationalization, expropriation, or
                    other seizure by the Cuban Government of
                    ownership or control of property--
                              (i) without the property having been
                            returned or adequate and effective
                            compensation provided; or
                              (ii) without the claim to the
                            property having been settled pursuant
                            to an international claims settlement
                            agreement or other mutually accepted
                            settlement procedure; and
                      (B) the repudiation by the Cuban Government
                    of, the default by the Cuban Government on, or
                    the failure of the Cuban Government to pay--
                              (i) a debt of any enterprise which
                            has been nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government;
                              (ii) a debt which is a charge on
                            property nationalized, expropriated, or
                            otherwise taken by the Cuban
                            Government; or
                              (iii) a debt which was incurred by
                            the Cuban Government in satisfaction or
                            settlement of a confiscated property
                            claim.
              (2) Traffics.--(A) Except as provided in subparagraph
            (B), a person ``traffics'' in confiscated property if
            that person knowingly and intentionally--
                      (i)(I) transfers, distributes, dispenses,
                    brokers, or otherwise disposes of confiscated
                    property,
                      (II) purchases, receives, obtains control of,
                    or otherwise acquires confiscated property, or
                      (III) improves (other than for routine
                    maintenance), invests in (by contribution of
                    funds or anything of value, other than for
                    routine maintenance), or begins after the date
                    of the enactment of this Act to manage, lease,
                    possess, use, or hold an interest in
                    confiscated property,
                      (ii) enters into a commercial arrangement
                    using or otherwise benefiting from confiscated
                    property, or
                      (iii) causes, directs, participates in, or
                    profits from, trafficking (as described in
                    clause (i) or (ii)) by another person, or
                    otherwise engages in trafficking (as described
                    in clause (i) or (ii)) through another person,
                    without the authorization of any United States
                    national who holds a claim to the property.
              (B) The term ``traffics'' does not include--
                      (i) the delivery of international
                    telecommunication signals to Cuba;
                      (ii) the trading or holding of securities
                    publicly traded or held, unless the trading is
                    with or by a person determined by the Secretary
                    of the Treasury to be a specially designated
                    national;
                      (iii) transactions and uses of property
                    incident to lawful travel to Cuba, to the
                    extent that such transactions and uses of
                    property are necessary to the conduct of such
                    travel; or
                      (iv) transactions and uses of property by a
                    person who is both a citizen of Cuba and a
                    resident of Cuba, and who is not an official of
                    the Cuban Government or the ruling political
                    party in Cuba.
        (c) Exemption.--This section shall not apply where the
    Secretary of State finds, on a case by case basis, that the
    entry into the United States of the person who would otherwise
    be excluded under this section is necessary for medical reasons
    or for purposes of litigation of an action under title III.
        (d) Effective Date.--
              (1) In general.--This section applies to aliens
            seeking to enter the United States on or after the date
            of the enactment of this Act.
              (2) Trafficking.--This section applies only with
            respect to acts within the meaning of ``traffics'' that
            occur on or after the date of the enactment of this
            Act.
             (3) Enterprise for the Americas Initiative Act of 1992

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

              Note.--Amendments to title VI of the Agricultural
            Trade Development and Assistance Act of 1954 enacted in
            Public Law 102-532 have been incorporated into that
            Act. See also Executive Order 13345 of July 8, 2004 (69
            F.R. 41901), assigning foreign affairs functions and
            implementing the Enterprise for the Americas Initiative
            and the Tropical Forest Conservation Act, beginning at
            page 591.

     AN ACT To amend the Agricultural Trade Development and Assistance Act
    of 1954 to authorize additional functions within the Enterprise for the
                  Americas Initiative, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Enterprise for the Americas
    Initiative Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

                TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

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

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

    SEC. 602.\2\ PURPOSE.

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

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

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

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

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

    SEC. 605.\7\ REPAYMENT OF PRINCIPAL.

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

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

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

    SEC. 607.\10\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

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

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

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

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

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

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

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

    SEC. 611.\20\ OVERSIGHT.

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

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

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

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

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

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

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

    SEC. 615.\27\ CONSULTATIONS WITH CONGRESS.

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

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

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

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

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

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

        (a) Notice of Negotiations.--The Secretary of State and the
    Secretary of the Treasury shall, in every feasible instance,
    notify the designated congressional committees not less than 15
    days prior to any formal negotiation for debt relief under this
    title.
    ---------------------------------------------------------------------------
        \30\ 7 U.S.C. 1738q. Added by sec. 2 of Public Law 102-532 (106
    Stat. 3509).
    ---------------------------------------------------------------------------
        (b) Transmittal of Text of Agreements.--The Secretary of
    State shall transmit to the designated congressional committees
    a copy of the text of any agreement with any foreign government
    which would result in any debt relief under this title no less
    than 30 days prior to its entry into force, together with a
    detailed justification of the interest of the United States in
    the proposed debt relief.
        (c) Annual Report.--The Secretary of State or the Secretary
    of the Treasury, as appropriate, shall submit to the designated
    congressional committees not later than February 1 of each year
    a consolidated statement of the budgetary implications of all
    debt relief agreements entered into force under this title
    during the preceding fiscal year.
        (d) Designated Congressional Committees.--As used in this
    section, the term ``designated congressional committees'' means
    the Committee on Agriculture and the Committee on Foreign
    Affairs \31\ of the House of Representatives and the Committee
    on Agriculture, Nutrition, and Forestry of the Senate.
    ---------------------------------------------------------------------------
        \31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 619.\32\ DEFINITION OF QUALIFIED DEBT.

        As used in sections 616, 617, and 618, the term ``qualified
    debt'' means any obligation, or portion of such obligation, of
    an eligible country to pay for purchases of United States
    agricultural commodities guaranteed by the Commodity Credit
    Corporation under export credit guarantee programs authorized
    pursuant to section 5(f) of the Commodity Credit Corporation
    Charter Act or section 4(b) of the Food for Peace Act of 1966--
    ---------------------------------------------------------------------------
        \32\ 7 U.S.C. 1738r. Added by sec. 2 of Public Law 102-532 (106
    Stat. 3509).
    ---------------------------------------------------------------------------
              (1) in which the Commodity Credit Corporation
            obtained a legal right or interest, as a result of
            assignment or subrogation, not later than September 1,
            1992; and
              (2) the payment of which obligation has been, not
            later than September 1, 1992, rescheduled in accordance
            with principles set forth in an Agreed Minute of the
            Paris Club.
    Such term includes the obligation to pay any interest which was
    due or accrued not later than September 1, 1992, and unpaid as
    of the date of a debt sale pursuant to section 616 or a debt
    sale, reduction, or cancellation pursuant to section 617 (as
    the case may be).
           (5) Urgent Assistance for Democracy in Panama Act of 1990

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

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

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

    SECTION 1. SHORT TITLE

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

                                TITLE I--PANAMA

    SEC. 101. IMMEDIATE UNITED STATES ASSISTANCE.

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

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

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

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

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

    SEC. 104. REPORT ON PANAMANIAN BANK SECRECY LAWS.

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

                    TITLE II--EASTERN EUROPE AND YUGOSLAVIA

    SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.\4\
    ---------------------------------------------------------------------------

        \4\ For text, see page 119.
    ---------------------------------------------------------------------------
              * * * * * * *
     (6) Survival Assistance to Victims of Civil Strife in Central America

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

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

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

    SECTION 1. SURVIVAL ASSISTANCE

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

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

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

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

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

     AN ACT To provide for assistance in the development of Latin America
          and in the reconstruction of Chile, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Latin American Development Act''.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 401(a) of the FA Act of 1963 (Public Law 88-205) inserted
    the words ``That this Act may be cited as the `Latin American
    Development Act'.''.
    ---------------------------------------------------------------------------

                              statement of policy

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

                                 authorization

        Sec. 2.\3\ In order to carry out the purposes of section 1
    of this Act, there is hereby authorized to be appropriated to
    the President not to exceed $680,000,000,\4\ which shall remain
    available until expended, and which the President may use,
    subject to such further legislative provisions as may be
    enacted, in addition to other funds available for such
    purposes, on such terms and conditions as he may specify:
    Provided, That none of the funds made available pursuant to
    this section shall be used to furnish assistance to any country
    in Latin America being subjected to economic or diplomatic
    sanctions by the Organization of American States. The Secretary
    of State shall keep the Committee on Foreign Relations of the
    Senate and the Committee on Foreign Affairs \5\ of the House
    currently informed about plans and programs for the utilization
    of such funds.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 1943.
        \4\ Sec. 401(b) of the FA Act of 1963 (Public Law 88-205),
    substituted ``$680,000,000'' for ``$500,000,000''. Public Law 87-41,
    approved May 27, 1961, appropriated $500 million for the Inter-American
    Social and Economic Cooperation Program to remain available until
    expended.
        \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

                special authorization for chilean reconstruction

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

                             general provisions \8\

        Sec. 4.\9\ (a) Funds appropriated under sections 2 and 3 of
    this Act may be used for assistance under this Act pursuant to
    such provisions applicable to the furnishing of such assistance
    contained in any successor Act to the Mutual Security Act of
    1954, as amended, as the President determines to be necessary
    to carry out the purposes for which such funds are
    appropriated.
    ---------------------------------------------------------------------------
        \8\ Sec. 4 and title ``general provisions'' were added by sec. 706
    of the FA Act of 1961 (Public Law 87-195; 75 Stat. 724).
        \9\ 22 U.S.C. 1945.
    ---------------------------------------------------------------------------
        (b) Of the funds appropriated under section 2 of this Act
    not more than $800,000 shall be available only for assisting in
    transporting to and settling in Latin America selected
    immigrants from that portion of the Ryukyuan Archipelago under
    United States administration.
                      e. Assistance to the Middle East \1\

                 (1) Middle East Peace Commitments Act of 2002

         Title VI, subtitle A of Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002
    ---------------------------------------------------------------------------

        \1\ See also Syria Accountability and Lebanese Sovereignty
    Restoration Act of 2003 (Public Law 108-175), in Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

                       TITLE VI--MISCELLANEOUS PROVISIONS

             Subtitle A--Middle East Peace Commitments Act of 2002

    SEC. 601. SHORT TITLE.

        This subtitle may be cited as the ``Middle East Peace
    Commitments Act of 2002''.

    SEC. 602. FINDINGS.

        Congress makes the following findings:
              (1) In 1993, the Palestine Liberation Organization
            (in this subtitle referred to as the ``PLO'') made the
            following commitments in an exchange of letters with
            the Prime Minister of Israel:
                      (A) Recognition of the right of the State of
                    Israel to exist in peace and security.
                      (B) Acceptance of United Nations Security
                    Council Resolutions 242 and 338.
                      (C) Resolution of all outstanding issues in
                    the conflict between the two sides through
                    negotiations and exclusively peaceful means.
                      (D) Renunciation of the use of terrorism and
                    all other acts of violence and responsibility
                    over all PLO elements and personnel in order to
                    assure their compliance, prevent violations,
                    and discipline violators.
              (2) The Palestinian Authority, the governing body of
            autonomous Palestinian territories, was created as a
            result of agreements between the PLO and the State of
            Israel that are a direct outgrowth of the commitments
            made in 1993.
              (3) Congress has provided authorities to the
            President to suspend certain statutory restrictions
            relating to the PLO, subject to Presidential
            certifications that the PLO has continued to abide by
            commitments made.

    SEC. 603. REPORTS.

        (a) In General.--The President shall, at the times
    specified in subsection (b), transmit to the appropriate
    congressional committees a report on compliance by the PLO or
    the Palestinian Authority, as appropriate, with each of the
    commitments specified in section 602(1). The report shall
    include, with respect to each such commitment, the
    determination of the President as to whether or not the PLO or
    the Palestinian Authority, as appropriate, has complied with
    that commitment during the period since the submission of the
    preceding report or, in the case of the initial report, during
    the preceding six-month period. In the event that the President
    imposed one or more sanctions under section 604 during the
    period covered by the report, the report shall include a
    description of each such sanction imposed.
        (b) Transmission.--The initial report required under
    subsection (a) shall be transmitted not later than 60 days
    after the date of enactment of this Act. Each subsequent report
    shall be submitted on the date on which the President is next
    required to submit a report under the P.L.O. Commitments
    Compliance Act of 1989 (title VIII of Public Law 101-246) and
    may be combined with such report.

    SEC. 604. IMPOSITION OF SANCTIONS.

        (a) In General.--If, in any report transmitted pursuant to
    section 603, the President determines that the PLO or the
    Palestinian Authority, as appropriate, has not complied with
    each of the commitments specified in section 602(1), or if the
    President fails to make a determination with respect to such
    compliance, the President shall, for a period of time not less
    than the period described in subsection (b), impose one or more
    of the following sanctions:
              (1) Denial of visas to plo and palestinian authority
            officials.--The Secretary shall direct consular
            officers not to issue a visa to any member of the PLO
            or any official of the Palestinian Authority.
              (2) Downgrade in status of plo office in the united
            states.--Notwithstanding any other provision of law,
            the President shall withdraw or terminate any waiver by
            the President of the requirements of section 1003 of
            the Foreign Relations Authorization Act of 1988 and
            1989 (22 U.S.C. 5202) (prohibiting the establishment or
            maintenance of a Palestinian information office in the
            United States), and such section shall apply so as to
            prohibit the operation of a PLO or Palestinian
            Authority office in the United States from carrying out
            any function other than those functions carried out by
            the Palestinian information office in existence prior
            to the Oslo Accords.
              (3) Designation as a foreign terrorist
            organization.--The Secretary shall designate the PLO,
            or one or more of its constituent groups (including
            Fatah and Tanzim) or groups operating as arms of the
            Palestinian Authority (including Force 17), as a
            foreign terrorist organization, in accordance with
            section 219(a) of the Immigration and Nationality Act.
              (4) Prohibition on united states assistance to the
            west bank and gaza.--United States assistance (except
            humanitarian assistance) may not be provided to
            programs or projects in the West Bank or Gaza.
        (b) Duration of Sanctions.--The period of time referred to
    in subsection (a) is the period of time commencing on the date
    that the report pursuant to section 603 was transmitted and
    ending on the later of--
              (1) the date that is 180 days after such date; or
              (2) the date that the next report under section 603
            is required to be transmitted.
        (c) Waiver Authority.--The President may waive any sanction
    imposed under subsection (a) if the President determines that
    such a waiver is in the national security interest of the
    United States. The President shall report such a determination
    to the appropriate congressional committees.
                 (2) Middle East Peace Facilitation Act of 1995

     Title VI of Public Law 104-99 [Foreign Operations, Export Financing,
     and Related Programs Appropriations Act, 1996, H.R. 1868, enacted by
     reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 Stat. 26,
     approved January 26, 1996; enacted again as Public Law 104-107 [H.R.
                1868], 110 Stat. 704, approved February 12, 1996

              TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995

                                  short title

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

                                    findings

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

                               sense of congress

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

                    authority to suspend certain provisions

        Sec. 604. (a) In General.--Subject to subsection (b),
    beginning on the date of enactment of this Act and for eighteen
    months thereafter, the President may suspend for a period of
    not more than 6 months at a time any provision of law specified
    in subsection (d). Any such suspension shall cease to be
    effective after 6 months, or at such earlier date as the
    President may specify.
        (b) Conditions.--
              (1) \1\ Consultations.--Prior to each exercise of the
            authority provided in subsection (a) or certification
            pursuant to subsection (c), the President shall consult
            with the relevant congressional committees. The
            President may not exercise that authority or make such
            certification until 30 days after a written policy
            justification is submitted to the relevant
            congressional committees.
    ---------------------------------------------------------------------------
        \1\ Responsibilities delegated to the President in paras. (1) and
    (5) of subsec. (b) were redelegated by the President to the Secretary
    of State in a Presidential memorandum of February 29, 1996 (61 F.R.
    9889).
    ---------------------------------------------------------------------------
              (2) Presidential Certification.--The President may
            exercise the authority provided in subsection (a) only
            if the President certifies to the relevant
            congressional committees each time he exercises such
            authority that--
                      (A) it is in the national interest of the
                    United States to exercise such authority;
                      (B) the P.L.O., the Palestinian Authority,
                    and successor entities are complying with all
                    the commitments described in paragraph (4); and
                      (C) funds provided pursuant to the exercise
                    of this authority and the authorities under
                    section 583(a) of Public Law 103-236 and
                    section 3(a) of Public Law 103-125 have been
                    used for the purposes for which they were
                    intended.
              (3) Requirement for continuing p.l.o. compliance.--
            (A) The President shall ensure that P.L.O. performance
            is continuously monitored and if the President at any
            time determines that the P.L.O. has not continued to
            comply with all the commitments described in paragraph
            (4), he shall so notify the relevant congressional
            committees and any suspension under subsection (a) of a
            provision of law specified in subsection (d) shall
            cease to be effective.
              (B) Beginning six months after the date of enactment
            of this Act, if the President on the basis of the
            continuous monitoring of the P.L.O.'s performance
            determines that the P.L.O. is not complying with the
            requirements described in subsection (c), he shall so
            notify the relevant congressional committees and no
            assistance shall be provided pursuant to the exercise
            by the President of the authority provided by
            subsection (a) until such time as the President makes
            the certification provided for in subsection (c).
              (4) P.L.O. commitments described.--The commitments
            referred to in paragraphs (2)(B) and (3)(A) are the
            commitments made by the P.L.O--
                      (A) in its letter of September 9, 1993, to
                    the Prime Minister of Israel; in its letter of
                    September 9, 1993, to the Foreign Minister of
                    Norway to--
                              (i) recognize the right of the State
                            of Israel to exist in peace and
                            security;
                              (ii) accept United Nations Security
                            Council Resolutions 242 and 338;
                              (iii) renounce the use of terrorism
                            and other acts of violence;
                              (iv) assume responsibility over all
                            P.L.O. elements and personnel in order
                            to assure their compliance, prevent
                            violations and discipline violators;
                              (v) call upon the Palestinian people
                            in the West Bank and Gaza Strip to take
                            part in the steps leading to the
                            normalization of life, rejecting
                            violence and terrorism, and
                            contributing to peace and stability;
                            and
                              (vi) submit to the Palestine National
                            Council for formal approval the
                            necessary changes to the Palestinian
                            National Covenant eliminating calls for
                            Israel's destruction, and
                      (B) in, and resulting from, the good faith
                    implementation of the Declaration of
                    Principles, including good faith implementation
                    of subsequent agreements with Israel, with
                    particular attention to the objective of
                    preventing terrorism, as reflected in the
                    provisions of the Interim Agreement
                    concerning--
                              (i) prevention of acts of terrorism
                            and legal measures against terrorists,
                            including the arrest and prosecution of
                            individuals suspected of perpetrating
                            acts of violence and terror;
                              (ii) abstention from and prevention
                            of incitement, including hostile
                            propaganda;
                              (iii) operation of armed forces other
                            than the Palestinian Police;
                              (iv) possession, manufacture, sale,
                            acquisition or importation of weapons;
                              (v) employment of police who have
                            been convicted of serious crimes or
                            have been found to be actively involved
                            in terrorist activities subsequent to
                            their employment;
                              (vi) transfers to Israel of
                            individuals suspected of, charged with,
                            or convicted of an offense that falls
                            within Israeli criminal jurisdiction;
                              (vii) cooperation with the government
                            of Israel in criminal matters,
                            including cooperation in the conduct of
                            investigations; and
                              (viii) exercise of powers and
                            responsibilities under the agreement
                            with due regard to internationally
                            accepted norms and principles of human
                            rights and the rule of law.
              (5) \1\ Policy justification.--As part of the
            President's written policy justification to be
            submitted to the relevant Congressional Committees
            pursuant to paragraph (1), the President will report
            on--
                      (A) the manner in which the P.L.O. has
                    complied with the commitments specified in
                    paragraph (4), including responses to
                    individual acts of terrorism and violence,
                    actions to discipline perpetrators of terror
                    and violence, and actions to preempt acts of
                    terror and violence;
                      (B) the extent to which the P.L.O. has
                    fulfilled the requirements specified in
                    subsection (c);
                      (C) actions that the P.L.O. has taken with
                    regard to the Arab League boycott of Israel;
                      (D) the status and activities of the P.L.O.
                    office in the United States;
                      (E) all United States assistance which
                    benefits, directly or indirectly, the projects,
                    programs, or activities of the Palestinian
                    Authority in Gaza, Jericho, or any other area
                    it may control, since September 13, 1993,
                    including--
                              (i) the obligation and disbursal of
                            such assistance, by project, activity,
                            and date, as well as by prime
                            contractor and all subcontractors;
                              (ii) the organizations or individuals
                            responsible for the receipt and
                            obligation of such assistance;
                              (iii) the intended beneficiaries of
                            such assistance; and
                              (iv) the amount of international
                            donor funds that benefit the P.L.O. or
                            the Palestinian Authority in Gaza,
                            Jericho, or any other area the P.L.O.
                            or the Palestinian Authority may
                            control, and to which the United States
                            is a contributor; and
                      (F) statements by senior officials of the
                    P.L.O., the Palestinian Authority, and
                    successor entities that question the right of
                    Israel to exist or urge armed conflict with or
                    terrorism against Israel or its citizens,
                    including an assessment of the degree to which
                    such statements reflect official policy of the
                    P.L.O., the Palestinian Authority, or successor
                    entities.
        (c) Requirement for Continued Provision of Assistance.--Six
    months after the enactment of this Act, United States
    assistance shall not be provided pursuant to the exercise by
    the President of the authority provided by subsection (a),
    unless and until the President determines and so certifies to
    the Congress that--
              (1) if the Palestinian Council has been elected and
            assumed its responsibilities, it has, within 2 months,
            effectively disavowed and thereby nullified the
            articles of the Palestine National Covenant which call
            for Israel's destruction, unless the necessary changes
            to the Covenant have already been approved by the
            Palestine National Council;
              (2) the P.L.O., the Palestinian Authority, and
            successor entities have exercised their authority
            resolutely to establish the necessary enforcement
            institutions; including laws, police, and a judicial
            system, for apprehending, transferring, prosecuting,
            convicting, and imprisoning terrorists;
              (3) \2\ the P.L.O., has limited participation in the
            Palestinian Authority and its successors to individuals
            and groups that neither engage in nor practice
            terrorism or violence in the implementation of their
            political goals;
    ---------------------------------------------------------------------------
        \2\ As enrolled. Should probably read ``the P.L.O. has limited
    participation''.
    ---------------------------------------------------------------------------
              (4) the P.L.O., the Palestinian Authority, and
            successor entities have not provided any financial or
            material assistance or training to any group, whether
            or not affiliated with the P.L.O., to carry out actions
            inconsistent with the Declaration of Principles,
            particularly acts of terrorism against Israel;
              (5) the P.L.O., the Palestinian Authority, or
            successor entities have cooperated in good faith with
            Israeli authorities in--
                      (A) the preemption of acts of terrorism;
                      (B) the apprehension, trial, and punishment
                    of individuals who have planned or committed
                    terrorist acts subject to the jurisdiction of
                    the Palestinian Authority or any successor
                    entity; and
                      (C) the apprehension of and transfer to
                    Israeli authorities of individuals suspected
                    of, charged with, or convicted of, planning or
                    committing terrorist acts subject to Israeli
                    jurisdiction in accordance with the specific
                    provisions of the Interim Agreement;
              (6) the P.L.O., the Palestinian Authority, and
            successor entities have exercised their authority
            resolutely to enact and implement laws requiring the
            disarming of civilians not specifically licensed to
            possess or carry weapons;
              (7) the P.L.O., the Palestinian Authority, and
            successor entities have not funded, either partially or
            wholly, or have ceased funding, either partially or
            wholly, any office, or other presence of the
            Palestinian Authority in Jerusalem unless established
            by specific agreement between Israel and the P.L.O.,
            the Palestinian Authority, or successor entities;
              (8) the P.L.O., the Palestinian Authority, and
            successor entities are cooperating fully with the
            Government of the United States on the provision of
            information on United States nationals known to have
            been held at any time by the P.L.O. or factions
            thereof; and
              (9) the P.L.O., the Palestinian Authority, and
            successor entities have not, without the agreement of
            the Government of Israel, taken any steps that will
            change the status of Jerusalem or the West Bank and
            Gaza Strip, pending the outcome of the permanent status
            negotiations.
        (d) \3\ Provisions That May Be Suspended.--The provisions
    that may be suspended under the authority of subsection (a) are
    the following:
    ---------------------------------------------------------------------------
        \3\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
    amended (Public Law 103-125; 107 Stat. 1309), authorized the President
    to suspend certain provisions of law as they applied to the P.L.O. or
    entities associated with it if certain conditions were met and the
    President so certified and consulted with relevant congressional
    committees. This authority was continued in the Middle East Peace
    Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
    East Peace Facilitation Act of 1995 (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, 2006 (Public Law 109-102); 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, 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).
    ---------------------------------------------------------------------------
              (1) Section 307 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2227) \4\ as it applies with respect to the
            P.L.O. or entities associated with it.
    ---------------------------------------------------------------------------
        \4\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
              (2) Section 114 of the Department of State
            Authorization Act, fiscal years 1984 and 1985 (22
            U.S.C. 287e note) \5\ as it applies with respect to the
            P.L.O. or entities associated with it.
    ---------------------------------------------------------------------------
        \5\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (3) Section 1003 of the Foreign Relations
            Authorization Act, fiscal years 1988 and 1989 (22
            U.S.C. 5202).\6\
    ---------------------------------------------------------------------------
        \6\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (4) Section 37 of the Bretton Woods Agreement Act (22
            U.S.C. 286W) \7\ as it applies on the granting to the
            P.L.O. of observer status or other official status at
            any meeting sponsored by or associated with the
            International Monetary Fund. As used in this paragraph,
            the term ``other official status'' does not include
            membership in the International Monetary Fund.
    ---------------------------------------------------------------------------
        \7\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III.
    ---------------------------------------------------------------------------
        (e) Definitions.--As used in this title:
              (1) Relevant Congressional Committees.--The term
            ``relevant congressional committees'' mean--
                      (A) the Committee on International Relations,
                    the Committee on Banking and Financial
                    Services, and the Committee on Appropriations
                    of the House of Representatives; and
                      (B) the Committee on Foreign Relations and
                    the Committee on Appropriations of the Senate.
              (2) United States Assistance.--The term ``United
            States assistance'' means any form of grant, loan, loan
            guarantee, credit, insurance, in kind assistance, or
            any other form of assistance.

                              transition provision

        Sec. 605. (a) In General.--Section 583(a) of the Foreign
    Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236) is amended by striking ``November 1, 1995'' and
    inserting ``January 1, 1996''.\8\
    ---------------------------------------------------------------------------
        \8\ For amended text, see page 305.
    ---------------------------------------------------------------------------
        (b) Consultation.--For purposes of any exercise of the
    authority provided in section 583(a) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
    236) prior to November 15, 1995, the written policy
    justification dated June 1, 1995, and submitted to the Congress
    in accordance with section 583(b)(1) of such Act, and the
    consultations associated with such policy justification, shall
    be deemed to satisfy the requirements of section 583(b)(1) of
    such Act.

                             reporting requirement

        Sec. 606. Section 804(b) of the P.L.O. Commitments
    Compliance Act of 1989 (title VIII of Public Law 101-246) is
    amended--\9\
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (1) in the matter preceding paragraph (1), by
            striking ``section (3)(b)(1) of the Middle East Peace
            Facilitation Act of 1994'' and inserting ``section
            604(b)(1) of the Middle East Peace Facilitation Act of
            1995''; and
              (2) in paragraph (1), by striking ``section (4)(a) of
            the Middle East Peace Facilitation Act of 1994 (Oslo
            commitments)'' and inserting ``section 604(b)(4) of the
            Middle East Peace Facilitation Act of 1995''.
                 (3) Middle East Peace Facilitation Act of 1994

    Title V, Part E of Public Law 103-236 [Foreign Relations Authorization
     Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 488, approved
      April 23, 1994; amended by Public Law 103-306 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 1995; H.R.
    4426], 108 Stat. 1608, approved August 23, 1994; Public Law 104-17 (109
     Stat. 191), approved July 2, 1995; Public Law 104-22 (109 Stat. 260),
     approved August 14, 1995; Public Law 104-30 (109 Stat. 277), approved
        September 30, 1995; Public Law 104-47 (109 Stat. 423), approved
    November 13, 1995; Public Law 104-89 (109 Stat. 960), approved January
         4, 1996; and by Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996, H.R. 1868,
    enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110
     Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
           107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996

                     PART E--MIDDLE EAST PEACE FACILITATION

    SEC. 581. SHORT TITLE.

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

    SEC. 582. FINDINGS.

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

    SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

        (a) In General.--Subject to subsection (b), beginning July
    1, 1994, the President may suspend for a period of not more
    than 6 months any provision of law specified in subsection (c).
    The President may continue the suspension for a period or
    periods of not more than 6 months until March 31, 1996,\1\ if,
    before each such period, the President satisfies the
    requirements of subsection (b). Any suspension shall cease to
    be effective after 6 months, or at such earlier date as the
    President may specify.
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Public Law 104-17 (109 Stat. 191) extended this
    authority from July 1, 1995 to August 15, 1995. Further extensions were
    provided in Public Law 104-22 (109 Stat. 260)--extending to October 1,
    1995; Public Law 104-30 (109 Stat. 277)--extending to November 1, 1995;
    Public Law 104-47 (109 Stat. 423)--extending to December 31, 1995; and
    Public Law 104-89 (109 Stat. 960)--extending to March 31, 1996. The
    latter extensions further provided the following, with appropriate
    dates adjusted:
        ``(b) Consultation.--For purposes of any exercise of the authority
    provided in section 583(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236) prior to January 10,
    1996, the written policy justification dated December 1, 1995, and
    submitted to the Congress in accordance with section 583(b)(1) of such
    Act, shall be deemed to satisfy the requirements of section 583(b)(1)
    of such Act.''.
        Sec. 605(a) Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 760),
    struck out ``November 1, 1995'' and inserted in lieu thereof ``January
    1, 1996'', an amendment already similarly provided in Public Law 104-47
    and further amended by Public Law 104-89.
    ---------------------------------------------------------------------------
        (b) Conditions.--
              (1) \2\ Consultation.--Prior to each exercise of the
            authority provided in subsection (a), the President
            shall consult with the relevant congressional
            committees. The President may not exercise that
            authority until 30 days after a written policy
            justification is submitted to the relevant
            congressional committees.
    ---------------------------------------------------------------------------
        \2\ In a July 26, 1994, memorandum the President delegated
    responsibility of fulfilling functions in paras. (1) and (6) to the
    Secretary of State.
    ---------------------------------------------------------------------------
              (2) Presidential certification.--The President may
            exercise the authority provided in subsection (a) only
            if the President certifies to the relevant
            congressional committees each time he exercises such
            authority that--
                      (A) it is in the national interest of the
                    United States to exercise such authority; and
                      (B) the Palestine Liberation Organization
                    continues to abide by all the commitments
                    described in paragraph (4).
              (3) Requirement for continuing plo compliance.--Any
            suspension under subsection (a) of a provision of law
            specified in subsection (c) shall cease to be effective
            if the President certifies to the relevant
            congressional committees that the Palestine Liberation
            Organization has not continued to abide by all the
            commitments described in paragraph (4).
              (4) PLO commitments described.--The commitments
            referred to in paragraphs (2) and (3) are the
            commitments made by the Palestine Liberation
            Organization--
                      (A) in its letter of September 9, 1993, to
                    the Prime Minister of Israel; in its letter of
                    September 9, 1993, to the Foreign Minister of
                    Norway to--
                              (i) recognize the right of the State
                            of Israel to exist in peace and
                            security;
                              (ii) accept United Nations Security
                            Council Resolutions 242 and 338;
                              (iii) renounce the use of terrorism
                            and other acts of violence;
                              (iv) assume responsibility over all
                            PLO elements and personnel in order to
                            assure their compliance, prevent
                            violations and discipline violators;
                              (v) call upon the Palestinian people
                            in the West Bank and Gaza Strip to take
                            part in the steps leading to the
                            normalization of life, rejecting
                            violence and terrorism, and
                            contributing to peace and stability;
                            and
                              (vi) submit to the Palestine National
                            Council for formal approval the
                            necessary changes to the Palestinian
                            National Covenant eliminating calls for
                            Israel's destruction, and
                      (B) in, and resulting from, the good faith
                    implementation of, the Declaration of
                    Principles on Interim Self-Government
                    Arrangements signed on September 13, 1993.
              (5) Expectation of congress regarding any extension
            of presidential authority.--The Congress expects that
            any extension of the authority provided to the
            President in subsection (a) will be conditional on the
            Palestine Liberation Organization--
                      (A) renouncing the Arab League boycott of
                    Israel;
                      (B) urging the nations of the Arab League to
                    end the Arab League boycott of Israel;
                      (C) cooperating with efforts undertaken by
                    the President of the United States to end the
                    Arab League boycott of Israel; \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 565A of Public Law 103-306 (108 Stat. 1650) struck out
    ``and'' at the end of subpara. (C); struck out the period at the end of
    subpara. (D) and inserted in lieu thereof ``; and''; and added subpara.
    (E).
    ---------------------------------------------------------------------------
                      (D) condemning individual acts of terrorism
                    and violence; and \3\
                      (E) \3\ amending its National Covenant to
                    eliminate all references calling for the
                    destruction of Israel.
              (6) Reporting requirement.--As part of the
            President's written policy justification referred to in
            paragraph (1), the President will report on the PLO's
            response to individual acts of terrorism and violence,
            as well as its actions concerning the Arab League
            boycott of Israel as enumerated in paragraph (5) and on
            the status of the PLO office in the United States as
            enumerated in subsection (c)(3).
        (c) \4\ Provisions That May Be Suspended.--The provisions
    that may be suspended under the authority of subsection (a) are
    the following:
    ---------------------------------------------------------------------------
        \4\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
    amended (Public Law 103-125; 107 Stat. 1309), authorized the President
    to suspend certain provisions of law as they applied to the P.L.O. or
    entities associated with it if certain conditions were met and the
    President so certified and consulted with relevant congressional
    committees. This authority was continued in the Middle East Peace
    Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
    East Peace Facilitation Act of 1995 (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, 2006 (Public Law 109-102); 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, 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).
    ---------------------------------------------------------------------------
              (1) Section 307 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2227) \5\ as it applies with respect to the
            Palestine Liberation Organization or entities
            associated with it.
    ---------------------------------------------------------------------------
        \5\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
              (2) Section 114 of the Department of State
            Authorization Act, Fiscal years 1984 and 1985 (22
            U.S.C. 287e note) \6\ as it applies with respect to the
            Palestine Liberation Organization or entities
            associated with it.
    ---------------------------------------------------------------------------
        \6\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (3) Section 1003 of the Foreign Relations
            Authorization Act, Fiscal years 1988 and 1989 (22
            U.S.C. 5202).\7\
    ---------------------------------------------------------------------------
        \7\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (4) Section 37 of the Bretton Woods Agreement Act (22
            U.S.C. 286w) \8\ as it applies to the granting to the
            Palestine Liberation Organization of observer status or
            other official status at any meeting sponsored by or
            associated with the International Monetary Fund. As
            used in this paragraph, the term ``other official
            status'' does not include membership in the
            International Monetary Fund.
    ---------------------------------------------------------------------------
        \8\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III.
    ---------------------------------------------------------------------------
        (d) Relevant Congressional Committees Defined.--As used in
    this section, the term ``relevant congressional committees''
    means--
              (1) the Committee on Foreign Affairs, the Committee
            on Banking, Finance and Urban Affairs, and the
            Committee on Appropriations of the House of
            Representatives; \9\ and
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Sec. 1(a)(5) of that Act provided that references to
    the Committee on Foreign Affairs of the House of Representatives shall
    be treated as referring to the Committee on International Relations of
    the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the Committee on Foreign Relations and the
            Committee on Appropriations of the Senate.
                 (4) Middle East Peace Facilitation Act of 1993

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

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

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

    SECTION 1. SHORT TITLE.

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

    SEC. 2. FINDINGS.

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

    SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

        (a) In General.--Subject to subsection (b), the President
    may suspend any provision of law specified in subsection (d).
    Any such suspension shall cease to be effective on July 1,
    1994,\1\ or such earlier date as the President may specify.
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Public Law 103-166 (107 Stat. 1978) struck out
    ``January 1'' and inserted in lieu thereof ``July 1''.
    ---------------------------------------------------------------------------
        (b) Conditions.--
              (1) Consultation.--Before exercising the authority
            provided in subsection (a), the President shall consult
            with the relevant congressional committees.
              (2) Presidential certification.--The President may
            exercise the authority provided in subsection (a) only
            if the President certifies to the relevant
            congressional committees that--
                      (A) it is in the national interest of the
                    United States to exercise such authority; and
                      (B) the Palestine Liberation Organization
                    continues to abide by all the commitments
                    described in paragraph (4).
              (3) Requirement for continuing plo compliance.--Any
            suspension under subsection (a) of a provision of law
            specified in subsection (d) shall cease to be effective
            if the President certifies to the relevant
            congressional committees that the Palestine Liberation
            Organization has not continued to abide by all the
            commitments described in paragraph (4).
              (4) PLO commitments described.--The commitments
            referred to in paragraphs (2) and (3) are the
            commitments made by the Palestine Liberation
            Organization--
                      (A) in its letter of September 9, 1993, to
                    the Prime Minister of Israel;
                      (B) in its letter of September 9, 1993, to
                    the Foreign Minister of Norway; and
                      (C) in, and resulting from the implementation
                    of, the Declaration of Principles on Interim
                    Self-Government Arrangements signed on
                    September 13, 1993.
        (c) Expectation of Congress Regarding Any Extension of
    Presidential Authority.--The Congress expects that any
    extension of the authority provided to the President in
    subsection (a) will be conditional on the Palestine Liberation
    Organization--
              (1) renouncing the Arab League boycott of Israel;
              (2) urging the nations of the Arab League to end the
            Arab League boycott of Israel; and
              (3) cooperating with efforts undertaken by the
            President of the United States to end the Arab League
            boycott of Israel.
        (d) \2\ Provisions That May Be Suspended.--The provisions
    that may be suspended under the authority of subsection (a) are
    the following:
    ---------------------------------------------------------------------------
        \2\ In memoranda for the Secretary of State, the President has
    certified that it is in the national interests to suspend the
    application of these provisions of law. Presidential Determination No.
    94-13 of January 14, 1994 (59 F.R. 4777) suspended the application
    until July 1, 1994; Presidential Determination No. 94-30 of June 30,
    1994 (59 F.R. 35607) suspended the application until January 1, 1995
    (pursuant to Public Law 103-236). Presidential Determination No. 95-12
    of December 31, 1994 (60 F.R. 2673) suspended the application until
    July 1, 1995 (pursuant to Public Law 103-236).
    ---------------------------------------------------------------------------
              (1) Section 307 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2227) \3\ as it applies with respect to the
            Palestine Liberation Organization or entities
            associated with it.
    ---------------------------------------------------------------------------
        \3\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
              (2) Section 114 of the Department of State
            Authorization Act, Fiscal Years 1984 and 1985 (22
            U.S.C. 287e note) \4\ as it applies with respect to the
            Palestine Liberation Organization or entities
            associated with it.
    ---------------------------------------------------------------------------
        \4\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (3) Section 1003 of the Foreign Relations
            Authorization Act, Fiscal Years 1988 and 1989 (22
            U.S.C. 5202).\5\
    ---------------------------------------------------------------------------
        \5\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              (4) Section 37 of the Bretton Woods Agreement Act (22
            U.S.C. 286w) \6\ as it applies to the granting to the
            Palestine Liberation Organization of observer status or
            other official status at any meeting sponsored by or
            associated with the International Monetary Fund. As
            used in this paragraph, the term ``other official
            status'' does not include membership in the
            International Monetary Fund.
    ---------------------------------------------------------------------------
        \6\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III.
    ---------------------------------------------------------------------------
        (e) Relation to Other Authorities.--This section supersedes
    section 578 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1994 (Public Law 103-87).
        (f) Relevant Congressional Committees Defined.--As used in
    this section, the term ``relevant congressional committees''
    means--
              (1) the Committee on Foreign Affairs, the Committee
            on Banking, Finance and Urban Affairs, and the
            Committee on Appropriations of the House of
            Representatives; \7\ and
    ---------------------------------------------------------------------------
        \7\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Sec. 1(a)(5) of that Act provided that references to
    the Committee on Foreign Affairs of the House of Representatives shall
    be treated as referring to the Committee on International Relations of
    the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the Committee on Foreign Relations and the
            Committee on Appropriations of the Senate.
     (5) Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991

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

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

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

    SECTION 1. SHORT TITLE.

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

    SEC. 2. EMERGENCY ASSISTANCE FOR REFUGEES.

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

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

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

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

    SECTION 1. SHORT TITLE.

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

    SEC. 2. EMERGENCY ASSISTANCE FOR ISRAEL.

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

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

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

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, to provide supplemental
    appropriations for the fiscal year ending September 30, 1985,
    and for other purposes.
              * * * * * * *

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

                                  short title

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

                             economic support fund

        Sec. 402. (a)(1) In addition to funds otherwise available
    for such purposes for such fiscal year, there are authorized to
    be appropriated to the President to carry out chapter 4 of part
    II of the Foreign Assistance Act of 1961, $250,000,000 for the
    fiscal year 1985, which amount shall be available only for
    Jordan.
        (2) Of the funds authorized to be appropriated by paragraph
    (1)--
              (A) for the fiscal year 1985, $50,000,000 shall be
            available only for commodity import programs and
            $30,000,000 shall be available only for project
            assistance;
              (B) for the fiscal year 1986, $50,000,000 shall be
            available only for commodity import programs and
            $30,000,000 shall be available only for project
            assistance; and
              (C) for the fiscal year 1987, $60,000,000 shall be
            available only for commodity import programs and
            $30,000,000 shall be available only for project
            assistance.
        (b) Amounts appropriated to carry out this section are
    authorized to remain available until September 30, 1987.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Foreign Assistance and Related Programs
    Appropriations Act, 1987 (sec. 101(f) of the Continuing Appropriations
    Act, 1987; Public Law 99-591; 100 Stat. 3341), provided:
        ``Economic support fund: * * * Provided further, That up to
    $15,000,000 shall be made available for Jordan in addition to funds
    otherwise made available by this paragraph and allocated to Jordan: * *
    *''.
    ---------------------------------------------------------------------------

                                     policy

        Sec. 403. (a) Sense of Congress.--It is the sense of
    Congress that no foreign military sales financing authorized by
    this Act may be used to finance the procurement by Jordan of
    United States advanced aircraft, new air defense weapons
    systems, or other new advanced military weapons systems, and no
    notification may be made pursuant to section 36(b) of the Arms
    Export Control Act with respect to a proposed sale to Jordan of
    United States advanced aircraft, new air defense systems, or
    other new advanced military weapons systems, unless Jordan is
    publicly committed to the recognition of Israel and to
    negotiate promptly and directly with Israel under the basic
    tenets of United Nations Security Council Resolutions 242 and
    338.
        (b) Certification.--Any notification made pursuant to
    section 36(b) of the Arms Export Control Act with respect to a
    proposed sale to Jordan of United States advanced aircraft, new
    air defense systems or other new advanced military weapons,
    must be accompanied by a Presidential certification of Jordan's
    public commitment to the recognition of Israel and to negotiate
    promptly and directly with Israel under the basic tenets of
    United Nations Security Council Resolutions 242 and 338.
                (8) Lebanon Emergency Assistance Act of 1983 \1\

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

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

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ See also the Multinational Force in Lebanon Resolution,
    Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

                                  short title

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

                             economic support fund

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

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

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

                      military sales and related programs

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

    ``foreign military sales credit
    ---------------------------------------------------------------------------

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

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

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

                     united states armed forces in lebanon

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

    Partial text of Public Law 96-35 [S. 1007], 93 Stat. 89, approved July
     20, 1979, as amended by Public Law 97-113 [International Security and
     Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560,
                           approved December 29, 1981

    AN ACT To authorize supplemental international security assistance for
     the fiscal year 1979 in support of the peace treaty between Egypt and
                        Israel, and for other purposes.

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

                                  short title

        Section 1. This Act may be cited as the ``Special
    International Security Assistance Act of 1979''.

                        statement of policy and findings

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

                      construction of air bases in israel

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

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

        Sec. 4.\3\ (a) The Congress finds that the legitimate
    defense interests of Israel and Egypt require a one time
    extraordinary assistance package due to Israel's phased
    withdrawal from the Sinai and Egypt's shift from reliance on
    Soviet weaponry. The authorizations contained in this section
    do not, however, constitute Congressional approval of the sale
    of any particular weapons system to either country. These sales
    will be reviewed under the normal procedures set forth in
    section 36(b) of the Arms Export Control Act.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3402.
    ---------------------------------------------------------------------------
        (b) In addition to amounts authorized to be appropriated
    for the fiscal year 1979 by section 31(a) of the Arms Export
    Control Act, there is authorized to be appropriated to the
    President to carry out that Act $370,000,000 for the fiscal
    year 1979.\4\
    ---------------------------------------------------------------------------
        \4\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93
    Stat. 103) stated: ``For an additional amount for `Foreign military
    credit sales' for Egypt and Israel, $370,000,000.''.
    ---------------------------------------------------------------------------
        (c) Funds made available pursuant to subsection (b) of this
    section may be used only for guaranties for Egypt and Israel
    pursuant to section 24(a) of the Arms Export Control Act. The
    principal amount of loans guaranteed with such funds may not
    exceed $3,700,000,000 of which $2,200,000,000 shall be
    available only for Israel and $1,500,000,000 shall be available
    only for Egypt. The principal amount of such guaranteed loans
    shall be in addition to the aggregate ceiling authorized for
    the fiscal year 1979 by section 31(b) of the Arms Export
    Control Act.
        (d) Loans guaranteed with funds made available pursuant to
    subsection (b) of this section shall be on terms calling for
    repayment within a period of not less than thirty years,
    including an initial grace period of ten years on repayment of
    principal.
        (e)(1) The Congress finds that the Governments of Israel
    and Egypt each have an enormous external debt burden which may
    be made more difficult by virtue of the financing authorized by
    this section. The Congress further finds that, as a consequence
    of the impact of the debt burdens incurred by Israel and Egypt
    under such financing, it may become necessary in future years
    to modify the terms of the loans guaranteed with funds made
    available pursuant to this section.
        (2) \5\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \5\ Para. (2), which had required an annual report by the President
    concerning the economic conditions prevailing in Israel and Egypt which
    may affect their respective ability to meet their obligations to make
    payments under the financing authorized in this section, was repealed
    by sec. 734(a)(4) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). A similar
    report was required by sec. 723 of Public Law 97-113; see Legislation
    on Foreign Relations Through 2005, vol. I-A).

            supplemental authorization of economic support for egypt

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

           transfer of facilities of the sinai field mission to egypt

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

      contributions by other countries to support peace in the middle east

        Sec. 7.\9\ (a) It is the sense of the Congress that other
    countries should give favorable consideration to providing
    support for the implementation of the peace treaty between
    Egypt and Israel. Therefore, the Congress requests that the
    President consult with other countries in order to (1) promote
    and develop an agreement for the establishment of a peace
    development fund whose purpose would be to underwrite the costs
    of implementing a Middle East peace, and (2) encourage
    investments in Israel and Egypt and other countries in the
    region should they join in Middle East peace agreements.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3405.
    ---------------------------------------------------------------------------
        (b) \10\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \10\ Subsec. (b), which had required a report from the President on
    U.S. efforts to increase economic aid from other donors to Egypt,
    Israel, and others in the region and the impact on Egypt's economy of
    Arab sanctions against Egypt, was repealed by sec. 734(a)(4) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). The President submitted this report to
    Congress on January 6, 1981.
    ---------------------------------------------------------------------------

      planning for trilateral scientific and technological cooperation by
                      egypt, israel, and the united states

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

     report on costs to the united states of implementing the peace treaty
                            between egypt and israel

        Sec. 9.\13\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \13\ Sec. 9, which has required a report from the President on the
    costs to the U.S. Government associated with the implementation of the
    Egyptian-Israeli peace treaty, was repealed by sec. 734(a)(4) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 95 Stat. 1560). The President submitted this report to
    Congress on October 25, 1979.
    ---------------------------------------------------------------------------

                      non-proliferation of nuclear weapons

        Sec. 10.\14\ In accordance with the Nuclear Non-
    Proliferation Act of 1978, the Congress strongly encourages all
    countries in the Middle East which are not parties to the
    Treaty on the Non-Proliferation of Nuclear Weapons to become
    parties to that Treaty.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 3408.
                                  f. Asia \1\

                (1) Afghan Women and Children Relief Act of 2001

     Public Law 107-81 [S. 1573], 115 Stat. 811, approved December 12, 2001

       AN ACT To authorize the provision of educational and health care
              assistance to the women and children of Afghanistan.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ See also the North Korean Human Rights Act of 2004 (Public Law
    108-333), Afghanistan Freedom Support Act of 2002 (Public Law 107-327),
    and Afghanistan Freedom Support Act Amendments of 2004 (Public Law 108-
    458), in Legislation on Foreign Relations Through 2005, vol. I-A; U.S.-
    Macau Policy Act (Public Law 106-570), Pacific Charter Commission Act
    of 2000 (Public Law 106-570), in Legislation on Foreign Relations
    Through 2005, vol. II; and U.S.-China Relations Act of 2000 (Public Law
    106-286), in Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------

    SECTION 1.\2\ SHORT TITLE.

        This Act may be cited as the ``Afghan Women and Children
    Relief Act of 2001''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2374 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        Congress makes the following findings:
              (1) In Afghanistan, Taliban restrictions on women's
            participation in society make it nearly impossible for
            women to exercise their basic human rights. The Taliban
            restrictions on Afghan women's freedom of expression,
            association, and movement deny women full participation
            in society and, consequently, from effectively securing
            basic access to work, education, and health care.
              (2) Afghanistan has one of the highest infant (165 of
            1000) and child (257 of 1000) mortality rates in the
            world.
              (3) Only 5 percent of rural and 39 percent of urban
            Afghans have access to safe drinking water.
              (4) It is estimated that 42 percent of all deaths in
            Afghanistan are due to diarrheal diseases caused by
            contaminated food and water.
              (5) Over one-third of Afghan children under 5 years
            of age suffer from malnutrition, 85,000 of whom die
            annually.
              (6) Seventy percent of the health care system in
            Afghanistan is dependent on foreign assistance.
              (7) As of May 1998, only 20 percent of hospital
            medical and surgical beds dedicated to adults were
            available for women, and thousands of Afghan women and
            girls are routinely denied health care.
              (8) Women are forbidden to leave their homes without
            being escorted by a male relative. This prevents many
            women from seeking basic necessities like health care
            and food for their children. Doctors, virtually all of
            whom are male, are also not permitted to provide
            certain types of care not deemed appropriate by the
            Taliban.
              (9) Before the Taliban took control of Kabul, schools
            were coeducational, with women accounting for 70
            percent of the teaching force. Women represented about
            50 percent of the civil service corps, and 40 percent
            of the city's physicians were women. Today, the Taliban
            prohibits women from working as teachers, doctors, and
            in any other occupation.
              (10) The Taliban prohibit girls and women from
            attending school. In 1998, the Taliban ordered the
            closing of more than 100 privately funded schools where
            thousands of young women and girls were receiving
            education and training in skills that would have helped
            them support themselves and their families.
              (11) Of the many tens of thousands of war widows in
            Afghanistan, many are forced to beg for food and to
            sell their possessions because they are not allowed to
            work.
              (12) Resistance movements courageously continue to
            educate Afghan girls in secrecy and in foreign
            countries against Taliban law.

    SEC. 3. AUTHORIZATION OF ASSISTANCE.

        (a) In General.--Subject to subsection (b), the President
    is authorized, on such terms and conditions as the President
    may determine, to provide educational and health care
    assistance for the women and children living in Afghanistan and
    as refugees in neighboring countries.
        (b) Implementation.--(1) In providing assistance under
    subsection (a), the President shall ensure that such assistance
    is provided in a manner that protects and promotes the human
    rights of all people in Afghanistan, utilizing indigenous
    institutions and nongovernmental organizations, especially
    women's organizations, to the extent possible.
        (2) Beginning 6 months after the date of enactment of this
    Act, and at least annually for the 2 years thereafter, the
    Secretary of State shall submit a report to the Committee on
    Appropriations and the Committee on Foreign Relations of the
    Senate and the Committee on Appropriations and the Committee on
    International Relations of the House of Representatives
    describing the activities carried out under this Act and
    otherwise describing the condition and status of women and
    children in Afghanistan and the persons in refugee camps while
    United States aid is given to displaced Afghans.
        (c) Availability of Funds.--Funds made available under the
    2001 Emergency Supplemental Appropriations Act for Recovery
    from and Response to Terrorist Attacks on the United States
    (Public Law 107-38), shall be available to carry out this Act.
        (2) United States-China Economic and Security Review Commission

        Division P of the Public Law 108-7 [Consolidated Appropriations
    Resolution, 2003; H.J. Res. 2], 117 Stat. 11 at 552, approved February
                                    20, 2003

    DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

        Section 1.\1\ Short Title.--This division may be cited as
    the ``United States-China Economic and Security Review
    Commission''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6901 note. See also sec. 1238 of the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2001 (Public Law
    106-398), establishing the United States-China Economic and Security
    Review Commission, beginning at page 873.
    ---------------------------------------------------------------------------
        Sec. 2. (a) Appropriations.--There are appropriated, out of
    any funds in the Treasury not otherwise appropriated,
    $1,800,000, to remain available until expended, to the United
    States-China Economic and Security Review Commission.
        (b) Name Change.--
              (1) In general.--Section 1238 of the Floyd D. Spence
            National Defense Authorization Act of 2001 (22 U.S.C.
            7002) is amended--* * * \2\
    ---------------------------------------------------------------------------
        \2\ For amended text, see page 873.
    ---------------------------------------------------------------------------
              (2) \3\ References.--Any reference in any Federal
            law, Executive order, rule, regulation, or delegation
            of authority, or any document of or relating to the
            United States-China Security Review Commission shall be
            deemed to refer to the United States-China Economic and
            Security Review Commission.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 7002 note.
    ---------------------------------------------------------------------------
        (c) Membership, Responsibilities, and Terms.--
              (1) In general.--Section 1238(b)(3) of the Floyd D.
            Spence National Defense Authorization Act of 2001 (22
            U.S.C. 7002) is amended by striking subparagraph (F)
            and inserting the following: * * *
              (2) \3\ Responsibilities of the Commission.--The
            United States-China Commission shall focus, in lieu of
            any other areas of work or study, on the following:
                      (A) Proliferation practices.--The Commission
                    shall analyze and assess the Chinese role in
                    the proliferation of weapons of mass
                    destruction and other weapons (including dual
                    use technologies) to terrorist-sponsoring
                    states, and suggest possible steps which the
                    United States might take, including economic
                    sanctions, to encourage the Chinese to stop
                    such practices.
                      (B) Economic reforms and united states
                    economic transfers.--The Commission shall
                    analyze and assess the qualitative and
                    quantitative nature of the shift of United
                    States production activities to China,
                    including the relocation of high-technology,
                    manufacturing, and R&D facilities; the impact
                    of these transfers on United States national
                    security, including political influence by the
                    Chinese Government over American firms,
                    dependence of the United States national
                    security industrial base on Chinese imports,
                    the adequacy of United States export control
                    laws, and the effect of these transfers on
                    United States economic security, employment,
                    and the standard of living of the American
                    people; analyze China's national budget and
                    assess China's fiscal strength to address
                    internal instability problems and assess the
                    likelihood of externalization of such problems.
                      (C) Energy.--The Commission shall evaluate
                    and assess how China's large and growing
                    economy will impact upon world energy supplies
                    and the role the United States can play,
                    including joint R&D efforts and technological
                    assistance, in influencing China's energy
                    policy.
                      (D) United states capital markets.--The
                    Commission shall evaluate the extent of Chinese
                    access to, and use of United States capital
                    markets, and whether the existing disclosure
                    and transparency rules are adequate to identify
                    Chinese companies which are active in United
                    States markets and are also engaged in
                    proliferation activities or other activities
                    harmful to United States security interests.
                      (E) Corporate reporting.--The Commission
                    shall assess United States trade and investment
                    relationship with China, including the need for
                    corporate reporting on United States
                    investments in China and incentives that China
                    may be offering to United States corporations
                    to relocate production and R&D to China.
                      (F) Regional economic and security impacts.--
                    The Commission shall assess the extent of
                    China's ``hollowing-out'' of Asian
                    manufacturing economies, and the impact on
                    United States economic and security interests
                    in the region; review the triangular economic
                    and security relationship among the United
                    States, Taipei and Beijing, including Beijing's
                    military modernization and force deployments
                    aimed at Taipei, and the adequacy of United
                    States executive branch coordination and
                    consultation with Congress on United States
                    arms sales and defense relationship with
                    Taipei.
                      (G) United states-china bilateral programs.--
                    The Commission shall assess science and
                    technology programs to evaluate if the United
                    States is developing an adequate coordinating
                    mechanism with appropriate review by the
                    intelligence community with Congress; assess
                    the degree of non-compliance by China and
                    United States-China agreements on prison labor
                    imports and intellectual property rights;
                    evaluate United States enforcement policies;
                    and recommend what new measures the United
                    States Government might take to strengthen our
                    laws and enforcement activities and to
                    encourage compliance by the Chinese.
                      (H) World trade organization compliance.--The
                    Commission shall review China's record of
                    compliance to date with its accession agreement
                    to the WTO, and explore what incentives and
                    policy initiatives should be pursued to promote
                    further compliance by China.
                      (I) Media control.--The Commission shall
                    evaluate Chinese  government efforts to
                    influence and control perceptions of the United
                    States and its policies through the internet,
                    the Chinese print and electronic media, and
                    Chinese internal propaganda.
              (3) \3\ Effective date.--This section shall take
            effect on the date of enactment of this Act.
                      (3) U.S.-China Relations Act of 2000

     Division B of Public Law 106-286 [H.R. 4444], 114 Stat. 880, approved
      October 10, 2000; amended by Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

                   DIVISION B--UNITED STATES-CHINA RELATIONS

                          TITLE II--GENERAL PROVISIONS

    SEC. 201\1\ SHORT TITLE OF DIVISION; TABLE OF CONTENTS OF DIVISION

        (a) Short Title of Division.--This division may be cited as
    the ``U.S.-China Relations Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6901 note. Division A of this Act, relating to
    establishing normal trade relations with China, may be found in
    Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
        (b) Table of Contents of Division.--The table of contents
    of this division is as follows:

                   DIVISION B--UNITED STATES-CHINA RELATIONS

                                                                        Page

                          TITLE II--GENERAL PROVISIONS

    Sec. 201. Short title of division; table of contents of division..   327
    Sec. 202. Findings................................................   328
    Sec. 203. Policy..................................................   330
    Sec. 204. Definitions.............................................   331

     TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
                                    OF CHINA

    Sec. 301. Establishment of Congressional-Executive Commission on
        the People's Republic of China................................   331
    Sec. 302. Functions of the Commission.............................   331
    Sec. 303. Membership of the Commission............................   334
    Sec. 304. Votes of the Commission.................................   335
    Sec. 305. Expenditure of appropriations...........................   335
    Sec. 306. Testimony of witnesses, production of evidence; issuance
        of subpoenas; administration of oaths.........................   335
    Sec. 307. Appropriations for the Commission.......................   336
    Sec. 308. Staff of the Commission.................................   336
    Sec. 309. Printing and binding costs..............................   337

    TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S
                                 WTO COMMITMENTS

     Subtitle A--Review of Membership of the People's Republic of China in
                                     the WTO

    Sec. 401. Review within the WTO...................................   337

      Subtitle B--Authorization To Promote Compliance With Trade Agreements

    Sec. 411. Findings................................................   337
    Sec. 412. Purpose.................................................   338
    Sec. 413. Authorization of appropriations.........................   338

    Subtitle C--Report on Compliance by the People's Republic of China With
                                 WTO Obligations

    Sec. 421. Report on compliance....................................   339

     TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

      Subtitle A--Task Force on Prohibition of Importation of Products of
           Forced or Prison Labor From the People's Republic of China

    Sec. 501. Establishment of Task Force.............................   340
    Sec. 502. Functions of Task Force.................................   340
    Sec. 503. Composition of Task Force...............................   341
    Sec. 504. Authorization of appropriations.........................   341
    Sec. 505. Reports to Congress.....................................   341

       Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

    Sec. 511. Establishment of technical assistance and rule of law
        programs......................................................   342
    Sec. 512. Administrative authorities..............................   343
    Sec. 513. Prohibition relating to human rights abuses.............   343
    Sec. 514. Authorization of appropriations.........................   343

                    TITLE VI--ACCESSION OF TAIWAN TO THE WTO

    Sec. 601. Accession of Taiwan to the WTO..........................   343

                            TITLE VII--RELATED ISSUES

    Sec. 701. Authorizations of appropriations for broadcasting
        capital improvements and international broadcasting operations   344

    SEC. 202.\2\ FINDINGS.

        The Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 6901
    ---------------------------------------------------------------------------
              (1) In 1980, the United States opened trade relations
            with the People's Republic of China by entering into a
            bilateral trade agreement, which was approved by joint
            resolution enacted pursuant to section 405(c) of the
            Trade Act of 1974.
              (2) Since 1980, the President has consistently
            extended nondiscriminatory treatment to products of the
            People's Republic of China, pursuant to his authority
            under section 404 of the Trade Act of 1974.
              (3) Since 1980, the United States has entered into
            several additional trade-related agreements with the
            People's Republic of China, including a memorandum of
            understanding on market access in 1992, two agreements
            on intellectual property rights protection in 1992 and
            1995, and an agreement on agricultural cooperation in
            1999.
              (4) Trade in goods between the People's Republic of
            China and the United States totaled almost
            $95,000,000,000 in 1999, compared with approximately
            $18,000,000,000 in 1989, representing growth of
            approximately 428 percent over 10 years.
              (5) The United States merchandise trade deficit with
            the People's Republic of China has grown from
            approximately $6,000,000,000 in 1989 to over
            $68,000,000,000 in 1999, a growth of over 1,000
            percent.
              (6) The People's Republic of China currently
            restricts imports through relatively high tariffs and
            nontariff barriers, including import licensing,
            technology transfer, and local content requirements.
              (7) United States businesses attempting to sell goods
            to markets in the People's Republic of China have
            complained of uneven application of tariffs, customs
            procedures, and other laws, rules, and administrative
            measures affecting their ability to sell their products
            in the Chinese market.
              (8) On November 15, 1999, the United States and the
            People's Republic of China concluded a bilateral
            agreement concerning terms of the People's Republic of
            China's eventual accession to the World Trade
            Organization.
              (9) The commitments that the People's Republic of
            China made in its November 15, 1999, agreement with the
            United States promise to eliminate or greatly reduce
            the principal barriers to trade with and investment in
            the People's Republic of China, if those commitments
            are effectively complied with and enforced.
              (10) The record of the People's Republic of China in
            implementing trade-related commitments has been mixed.
            While the People's Republic of China has generally met
            the requirements of the 1992 market access memorandum
            of understanding and the 1992 and 1995 agreements on
            intellectual property rights protection, other measures
            remain in place or have been put into place which tend
            to diminish the benefit to United States businesses,
            farmers, and workers from the People's Republic of
            China's implementation of those earlier commitments.
            Notably, administration of tariff-rate quotas and other
            trade-related laws remains opaque, new local content
            requirements have proliferated, restrictions on
            importation of animal and plant products are not always
            supported by sound science, and licensing requirements
            for importation and distribution of goods remain
            common. Finally, the Government of the People's
            Republic of China has failed to cooperate with the
            United States Customs Service in implementing a 1992
            memorandum of understanding prohibiting trade in
            products made by prison labor.
              (11) The human rights record of the People's Republic
            of China is a matter of very serious concern to the
            Congress. The Congress notes that the Department of
            State's 1999 Country Reports on Human Rights Practices
            for the People's Republic of China finds that ``[t]he
            Government's poor human rights record deteriorated
            markedly throughout the year, as the Government
            intensified efforts to suppress dissent, particularly
            organized dissent.''.
              (12) The Congress deplores violations by the
            Government of the People's Republic of China of human
            rights, religious freedoms, and worker rights that are
            referred to in the Department of State's 1999 Country
            Reports on Human Rights Practices for the People's
            Republic of China, including the banning of the Falun
            Gong spiritual movement, denial in many cases,
            particularly politically sensitive ones, of effective
            representation by counsel and public trials,
            extrajudicial killings and torture, forced abortion and
            sterilization, restriction of access to Tibet and
            Xinjiang, perpetuation of ``reeducation through
            labor'', denial of the right of workers to organize
            labor unions or bargain collectively with their
            employers, and failure to implement a 1992 memorandum
            of understanding prohibiting trade in products made by
            prison labor.

    SEC. 203.\3\ POLICY.

        It is the policy of the United States--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6902.
    ---------------------------------------------------------------------------
              (1) to develop trade relations that broaden the
            benefits of trade, and lead to a leveling up, rather
            than a leveling down, of labor, environmental,
            commercial rule of law, market access, anticorruption,
            and other standards across national borders;
              (2) to pursue effective enforcement of trade-related
            and other international commitments by foreign
            governments through enforcement mechanisms of
            international organizations and through the application
            of United States law as appropriate;
              (3) to encourage foreign governments to conduct both
            commercial and noncommercial affairs according to the
            rule of law developed through democratic processes;
              (4) to encourage the Government of the People's
            Republic of China to afford its workers internationally
            recognized worker rights;
              (5) to encourage the Government of the People's
            Republic of China to protect the human rights of people
            within the territory of the People's Republic of China,
            and to take steps toward protecting such rights,
            including, but not limited to--
                      (A) ratifying the International Covenant on
                    Civil and Political Rights;
                      (B) protecting the right to liberty of
                    movement and freedom to choose a residence
                    within the People's Republic of China and the
                    right to leave from and return to the People's
                    Republic of China; and
                      (C) affording a criminal defendant--
                              (i) the right to be tried in his or
                            her presence, and to defend himself or
                            herself in person or through legal
                            assistance of his or her own choosing;
                              (ii) the right to be informed, if he
                            or she does not have legal assistance,
                            of the right set forth in clause (i);
                              (iii) the right to have legal
                            assistance assigned to him or her in
                            any case in which the interests of
                            justice so require and without payment
                            by him or her in any such case if he or
                            she does not have sufficient means to
                            pay for it;
                              (iv) the right to a fair and public
                            hearing by a competent, independent,
                            and impartial tribunal established by
                            the law;
                              (v) the right to be presumed innocent
                            until proved guilty according to law;
                            and
                              (vi) the right to be tried without
                            undue delay; and
              (6) to highlight in the United Nations Human Rights
            Commission and in other appropriate fora violations of
            human rights by foreign governments and to seek the
            support of other governments in urging improvements in
            human rights practices.

    SEC. 204.\4\ DEFINITIONS.

        In this division:
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 6903.
    ---------------------------------------------------------------------------
              (1) Dispute settlement understanding.--The term
            ``Dispute Settlement Understanding'' means the
            Understanding on Rules and Procedures Governing the
            Settlement of Disputes referred to in section
            101(d)(16) of the Uruguay Round Agreements Act (19
            U.S.C. 3511(16)).
              (2) Government of the people's republic of china.--
            The term ``Government of the People's Republic of
            China'' means the central Government of the People's
            Republic of China and any other governmental entity,
            including any provincial, prefectural, or local entity
            and any enterprise that is controlled by the central
            Government or any such governmental entity or as to
            which the central Government or any such governmental
            entity is entitled to receive a majority of the
            profits.
              (3) Internationally recognized worker rights.--The
            term ``internationally recognized worker rights'' has
            the meaning given that term in section 507(4) of the
            Trade Act of 1974 (19 U.S.C. 2467(4)) and includes the
            right to the elimination of the ``worst forms of child
            labor'', as defined in section 507(6) of the Trade Act
            of 1974 (19 U.S.C. 2467(6)).
              (4) Trade representative.--The term ``Trade
            Representative'' means the United States Trade
            Representative.
              (5) WTO; world trade organization.--The terms ``WTO''
            and ``World Trade Organization'' mean the organization
            established pursuant to the WTO Agreement.
              (6) WTO agreement.--The term ``WTO Agreement'' means
            the Agreement Establishing the World Trade Organization
            entered into on April 15, 1994.
              (7) WTO member.--The term ``WTO member'' has the
            meaning given that term in section 2(10) of the Uruguay
            Round Agreements Act (19 U.S.C. 3501(10)).

    TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
                                    OF CHINA

    SEC. 301.\5\ ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE
                        PEOPLE'S REPUBLIC OF CHINA.

        There is established a Congressional-Executive Commission
    on the People's Republic of China (in this title referred to as
    the ``Commission'').
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6911.
    ---------------------------------------------------------------------------

    SEC. 302.\6\ FUNCTIONS OF THE COMMISSION.

        (a) Monitoring Compliance With Human Rights.--The
    Commission shall monitor the acts of the People's Republic of
    China which reflect compliance with or violation of human
    rights, in particular, those contained in the International
    Covenant on Civil and Political Rights and in the Universal
    Declaration of Human Rights, including, but not limited to,
    effectively affording--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6912.
    ---------------------------------------------------------------------------
              (1) the right to engage in free expression without
            fear of any prior restraints;
              (2) the right to peaceful assembly without
            restrictions, in accordance with international law;
              (3) religious freedom, including the right to worship
            free of involvement of and interference by the
            government;
              (4) the right to liberty of movement and freedom to
            choose a residence within the People's Republic of
            China and the right to leave from and return to the
            People's Republic of China;
              (5) the right of a criminal defendant--
                      (A) to be tried in his or her presence, and
                    to defend himself or herself in person or
                    through legal assistance of his or her own
                    choosing;
                      (B) to be informed, if he or she does not
                    have legal assistance, of the right set forth
                    in subparagraph (A);
                      (C) to have legal assistance assigned to him
                    or her in any case in which the interests of
                    justice so require and without payment by him
                    or her in any such case if he or she does not
                    have sufficient means to pay for it;
                      (D) to a fair and public hearing by a
                    competent, independent, and impartial tribunal
                    established by the law;
                      (E) to be presumed innocent until proved
                    guilty according to law; and
                      (F) to be tried without undue delay;
              (6) the right to be free from torture and other forms
            of cruel or unusual punishment;
              (7) protection of internationally recognized worker
            rights;
              (8) freedom from incarceration as punishment for
            political opposition to the government;
              (9) freedom from incarceration as punishment for
            exercising or advocating human rights (including those
            described in this section);
              (10) freedom from arbitrary arrest, detention, or
            exile;
              (11) the right to fair and public hearings by an
            independent tribunal for the determination of a
            citizen's rights and obligations; and
              (12) free choice of employment.
        (b) Victims Lists.--The Commission shall compile and
    maintain lists of persons believed to be imprisoned, detained,
    or placed under house arrest, tortured, or otherwise persecuted
    by the Government of the People's Republic of China due to
    their pursuit of the rights described in subsection (a). In
    compiling such lists, the Commission shall exercise appropriate
    discretion, including concerns regarding the safety and
    security of, and benefit to, the persons who may be included on
    the lists and their families.
        (c) Monitoring Development of Rule of Law.--The Commission
    shall monitor the development of the rule of law in the
    People's Republic of China, including, but not limited to--
              (1) progress toward the development of institutions
            of democratic governance;
              (2) processes by which statutes, regulations, rules,
            and other legal acts of the Government of the People's
            Republic of China are developed and become binding
            within the People's Republic of China;
              (3) the extent to which statutes, regulations, rules,
            administrative and judicial decisions, and other legal
            acts of the Government of the People's Republic of
            China are published and are made accessible to the
            public;
              (4) the extent to which administrative and judicial
            decisions are supported by statements of reasons that
            are based upon written statutes, regulations, rules,
            and other legal acts of the Government of the People's
            Republic of China;
              (5) the extent to which individuals are treated
            equally under the laws of the of the People's Republic
            of China without regard to citizenship;
              (6) the extent to which administrative and judicial
            decisions are independent of political pressure or
            governmental interference and are reviewed by entities
            of appellate jurisdiction; and
              (7) the extent to which laws in the People's Republic
            of China are written and administered in ways that are
            consistent with international human rights standards,
            including the requirements of the International
            Covenant on Civil and Political Rights.
        (d) Bilateral Cooperation.--The Commission shall monitor
    and encourage the development of programs and activities of the
    United States Government and private organizations with a view
    toward increasing the interchange of people and ideas between
    the United States and the People's Republic of China and
    expanding cooperation in areas that include, but are not
    limited to--
              (1) increasing enforcement of human rights described
            in subsection (a); and
              (2) developing the rule of law in the People's
            Republic of China.
        (e) Contacts With Nongovernmental Organizations.--In
    performing the functions described in subsections (a) through
    (d), the Commission shall, as appropriate, seek out and
    maintain contacts with nongovernmental organizations, including
    receiving reports and updates from such organizations and
    evaluating such reports.
        (f) Cooperation With Special Coordinator.--In performing
    the functions described in subsections (a) through (d), the
    Commission shall cooperate with the Special Coordinator for
    Tibetan Issues in the Department of State.
        (g) Annual Reports.--The Commission shall issue a report to
    the President and the Congress not later than 12 months after
    the date of the enactment of this Act, and not later than the
    end of each 12-month period thereafter, setting forth the
    findings of the Commission during the preceding 12-month
    period, in carrying out subsections (a) through (c). The
    Commission's report may contain recommendations for legislative
    or executive action.
        (h) Specific Information in Annual Reports.--The
    Commission's report under subsection (g) shall include--\7\
    ---------------------------------------------------------------------------
        \7\ Sec. 615(1) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public law 107-228; 116 Stat. 1397), struck out ``shall
    include specific information'' and inserted in lieu thereof ``shall
    include--(1) specific information'' with appropriate indentation. Sec.
    615(2) of that Act replaced a period at the end of the subsection with
    ``; and'' and sec. 615(3) added para. (2).
    ---------------------------------------------------------------------------
              (1) specific information as to the nature and
            implementation of laws or policies concerning the
            rights set forth in paragraphs (1) through (12) of
            subsection (a), and as to restrictions applied to or
            discrimination against persons exercising any of the
            rights set forth in such paragraphs.
              (2) \7\ a description of the status of negotiations
            between the Government of the People's Republic of
            China and the Dalai Lama or his representatives, and
            measures taken to safeguard Tibet's distinct
            historical, religious, cultural, and linguistic
            identity and the protection of human rights.
        (i) Congressional Hearings on Annual Reports.--(1) The
    Committee on International Relations of the House of
    Representatives shall, not later than 30 days after the receipt
    by the Congress of the report referred to in subsection (g),
    hold hearings on the contents of the report, including any
    recommendations contained therein, for the purpose of receiving
    testimony from Members of Congress, and such appropriate
    representatives of Federal departments and agencies, and
    interested persons and groups, as the committee deems
    advisable, with a view to reporting to the House of
    Representatives any appropriate legislation in furtherance of
    such recommendations. If any such legislation is considered by
    the Committee on International Relations within 45 days after
    receipt by the Congress of the report referred to in subsection
    (g), it shall be reported by the committee not later than 60
    days after receipt by the Congress of such report.
        (2) The provisions of paragraph (1) are enacted by the
    Congress--
              (A) as an exercise of the rulemaking power of the
            House of Representatives, and as such are deemed a part
            of the rules of the House, and they supersede other
            rules only to the extent that they are inconsistent
            therewith; and
              (B) with full recognition of the constitutional right
            of the House to change the rules (so far as relating to
            the procedure of the House) at any time, in the same
            manner and to the same extent as in the case of any
            other rule of the House.
        (j) Supplemental Reports.--The Commission may submit to the
    President and the Congress reports that supplement the reports
    described in subsection (g), as appropriate, in carrying out
    subsections (a) through (c).

    SEC. 303.\8\ MEMBERSHIP OF THE COMMISSION.

        (a) Selection and Appointment of Members.--The Commission
    shall be composed of 23 members as follows:
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 6913.
    ---------------------------------------------------------------------------
              (1) Nine Members of the House of Representatives
            appointed by the Speaker of the House of
            Representatives. Five members shall be selected from
            the majority party and four members shall be selected,
            after consultation with the minority leader of the
            House, from the minority party.
              (2) Nine Members of the Senate appointed by the
            President of the Senate. Five members shall be
            selected, after consultation with the majority leader
            of the Senate, from the majority party, and four
            members shall be selected, after consultation with the
            minority leader of the Senate, from the minority party.
              (3) One representative of the Department of State,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (4) One representative of the Department of Commerce,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (5) One representative of the Department of Labor,
            appointed by the President of the United States from
            among officers and employees of that Department.
              (6) Two at-large representatives, appointed by the
            President of the United States, from among the officers
            and employees of the executive branch.
        (b) Chairman and Cochairman.--
              (1) Designation of chairman.--At the beginning of
            each odd-numbered Congress, the President of the
            Senate, on the recommendation of the majority leader,
            shall designate one of the members of the Commission
            from the Senate as Chairman of the Commission. At the
            beginning of each even-numbered Congress, the Speaker
            of the House of Representatives shall designate one of
            the members of the Commission from the House as
            Chairman of the Commission.
              (2) Designation of cochairman.--At the beginning of
            each odd-numbered Congress, the Speaker of the House of
            Representatives shall designate one of the members of
            the Commission from the House as Cochairman of the
            Commission. At the beginning of each even-numbered
            Congress, the President of the Senate, on the
            recommendation of the majority leader, shall designate
            one of the members of the Commission from the Senate as
            Cochairman of the Commission.

    SEC. 304.\9\ VOTES OF THE COMMISSION.

        Decisions of the Commission, including adoption of reports
    and recommendations to the executive branch or to the Congress,
    shall be made by a majority vote of the members of the
    Commission present and voting. Two-thirds of the Members of the
    Commission shall constitute a quorum for purposes of conducting
    business.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6914.
    ---------------------------------------------------------------------------

    SEC. 305.\10\ EXPENDITURE OF APPROPRIATIONS.

        For each fiscal year for which an appropriation is made to
    the Commission, the Commission shall issue a report to the
    Congress on its expenditures under that appropriation.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6915.
    ---------------------------------------------------------------------------

    SEC. 306.\11\ TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE
                        OF SUBPOENAS; ADMINISTRATION OF OATHS.

        In carrying out this title, the Commission may require, by
    subpoena or otherwise, the attendance and testimony of such
    witnesses and the production of such books, records,
    correspondence, memoranda, papers, documents, and
    electronically recorded data as it considers necessary.
    Subpoenas may be issued only pursuant to a two-thirds vote of
    members of the Commission present and voting. Subpoenas may be
    issued over the signature of the Chairman of the Commission or
    any member designated by the Chairman, and may be served by any
    person designated by the Chairman or such member. The Chairman
    of the Commission, or any member designated by the Chairman,
    may administer oaths to any witness.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 6916.
    ---------------------------------------------------------------------------

    SEC. 307.\12\ APPROPRIATIONS FOR THE COMMISSION.

        (a) Authorization; Disbursements.--
              (1) Authorization.--There are authorized to be
            appropriated to the Commission for fiscal year 2001,
            and each fiscal year thereafter, such sums as may be
            necessary to enable it to carry out its functions.
            Appropriations to the Commission are authorized to
            remain available until expended.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6917.
    ---------------------------------------------------------------------------
              (2) Disbursements.--Appropriations to the Commission
            shall be disbursed on vouchers approved--
                      (A) jointly by the Chairman and the
                    Cochairman; or
                      (B) by a majority of the members of the
                    personnel and administration committee
                    established pursuant to section 308.
        (b) Foreign Travel for Official Purposes.--Foreign travel
    for official purposes by members and staff of the Commission
    may be authorized by either the Chairman or the Cochairman.

    SEC. 308.\13\ STAFF OF THE COMMISSION.

        (a) Personnel and Administration Committee.--The Commission
    shall have a personnel and administration committee composed of
    the Chairman, the Cochairman, the senior member of the
    Commission from the minority party of the House of
    Representatives, and the senior member of the Commission from
    the minority party of the Senate.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 6918.
    ---------------------------------------------------------------------------
        (b) Committee Functions.--All decisions pertaining to the
    hiring, firing, and fixing of pay of personnel of the
    Commission shall be by a majority vote of the personnel and
    administration committee, except that--
              (1) the Chairman shall be entitled to appoint and fix
            the pay of the staff director, and the Cochairman shall
            be entitled to appoint and fix the pay of the
            Cochairman's senior staff member; and
              (2) the Chairman and Cochairman shall each have the
            authority to appoint, with the approval of the
            personnel and administration committee, at least four
            professional staff members who shall be responsible to
            the Chairman or the Cochairman (as the case may be) who
            appointed them.
    Subject to subsection (d), the personnel and administration
    committee may appoint and fix the pay of such other personnel
    as it considers desirable.
        (c) Staff Appointments.--All staff appointments shall be
    made without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service, and
    without regard to the provisions of chapter 51 and subchapter
    III of chapter 53 of such title relating to classification and
    general schedule pay rates.
        (d) Qualifications of Professional Staff.--The personnel
    and administration committee shall ensure that the professional
    staff of the Commission consists of persons with expertise in
    areas including human rights, internationally recognized worker
    rights, international economics, law (including international
    law), rule of law and other foreign assistance programming,
    Chinese politics, economy and culture, and the Chinese
    language.
        (e) Commission Employees as Congressional Employees.--
              (1) In general.--For purposes of pay and other
            employment benefits, rights, and privileges, and for
            all other purposes, any employee of the Commission
            shall be considered to be a congressional employee as
            defined in section 2107 of title 5, United States Code.
              (2) Competitive status.--For purposes of section
            3304(c)(1) of title 5, United States Code, employees of
            the Commission shall be considered as if they are in
            positions in which they are paid by the Secretary of
            the Senate or the Clerk of the House of
            Representatives.

    SEC. 309.\14\ PRINTING AND BINDING COSTS.

        For purposes of costs relating to printing and binding,
    including the costs of personnel detailed from the Government
    Printing Office, the Commission shall be deemed to be a
    committee of the Congress.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6919.
    ---------------------------------------------------------------------------

       TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF
                            CHINA'S WTO COMMITMENTS

     Subtitle A--Review of Membership of the People's Republic of China in
                                    the WTO

    SEC. 401.\15\ REVIEW WITHIN THE WTO.

        It shall be the objective of the United States to obtain as
    part of the Protocol of Accession of the People's Republic of
    China to the WTO, an annual review within the WTO of the
    compliance by the People's Republic of China with its terms of
    accession to the WTO.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 6931.
    ---------------------------------------------------------------------------

     Subtitle B--Authorization To Promote Compliance With Trade Agreements

    SEC. 411.\16\ FINDINGS.

        The Congress finds as follows:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 6941.
    ---------------------------------------------------------------------------
              (1) The opening of world markets through the
            elimination of tariff and nontariff barriers has
            contributed to a 56-percent increase in exports of
            United States goods and services since 1992.
              (2) Such export expansion, along with an increase in
            trade generally, has helped fuel the longest economic
            expansion in United States history.
              (3) The United States Government must continue to be
            vigilant in monitoring and enforcing the compliance by
            our trading partners with trade agreements in order for
            United States businesses, workers, and farmers to
            continue to benefit from the opportunities created by
            market-opening trade agreements.
              (4) The People's Republic of China, as part of its
            accession to the World Trade Organization, has
            committed to eliminating significant trade barriers in
            the agricultural, services, and manufacturing sectors
            that, if realized, would provide considerable
            opportunities for United States farmers, businesses,
            and workers.
              (5) For these opportunities to be fully realized, the
            United States Government must effectively monitor and
            enforce its rights under the agreements on the
            accession of the People's Republic of China to the WTO.

    SEC. 412.\17\ PURPOSE.

        The purpose of this subtitle is to authorize additional
    resources for the agencies and departments engaged in
    monitoring and enforcement of United States trade agreements
    and trade laws with respect to the People's Republic of China.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 6942.
    ---------------------------------------------------------------------------

    SEC. 413.\18\ AUTHORIZATION OF APPROPRIATIONS.

        (a) Department of Commerce.--There is authorized to be
    appropriated to the Department of Commerce, in addition to
    amounts otherwise available for such purposes, such sums as may
    be necessary for fiscal year 2001, and each fiscal year
    thereafter, for additional staff for--
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 6943.
    ---------------------------------------------------------------------------
              (1) monitoring compliance by the People's Republic of
            China with its commitments under the WTO, assisting
            United States negotiators with ongoing negotiations in
            the WTO, and defending United States antidumping and
            countervailing duty measures with respect to products
            of the People's Republic of China;
              (2) enforcement of United States trade laws with
            respect to products of the People's Republic of China;
            and
              (3) a Trade Law Technical Assistance Center to assist
            small- and medium-sized businesses, workers, and unions
            in evaluating potential remedies available under the
            trade laws of the United States with respect to trade
            involving the People's Republic of China.
        (b) Overseas Compliance Program.--
              (1) Authorization of appropriation.--There are
            authorized to be appropriated to the Department of
            Commerce and the Department of State, in addition to
            amounts otherwise available, such sums as may be
            necessary for fiscal year 2001, and each fiscal year
            thereafter, to provide staff for monitoring in the
            People's Republic of China that country's compliance
            with its international trade obligations and to support
            the enforcement of the trade laws of the United States,
            as part of an Overseas Compliance Program which
            monitors abroad compliance with international trade
            obligations and supports the enforcement of United
            States trade laws.
              (2) Reporting.--The annual report on compliance by
            the People's Republic of China submitted to the
            Congress under section 421 of this Act shall include
            the findings of the Overseas Compliance Program with
            respect to the People's Republic of China.
        (c) United States Trade Representative.--There are
    authorized to be appropriated to the Office of the United
    States Trade Representative, in addition to amounts otherwise
    available for such purposes, such sums as may be necessary for
    fiscal year 2001, and each fiscal year thereafter, for
    additional staff in--
              (1) the Office of the General Counsel, the Monitoring
            and Enforcement Unit, and the Office of the Deputy
            United States Trade Representative in Geneva,
            Switzerland, to investigate, prosecute, and defend
            cases before the WTO, and to administer United States
            trade laws, including title III of the Trade Act of
            1974 (19 U.S.C. 2411 et seq.) and other trade laws
            relating to intellectual property, government
            procurement, and telecommunications, with respect to
            the People's Republic of China;
              (2) the Office of Economic Affairs, to analyze the
            impact on the economy of the United States, including
            United States exports, of acts of the Government of the
            People's Republic of China affecting access to markets
            in the People's Republic of China and to support the
            Office of the General Counsel in presenting cases to
            the WTO involving the People's Republic of China;
              (3) the geographic office for the People's Republic
            of China; and
              (4) offices relating to the WTO and to different
            sectors of the economy, including agriculture,
            industry, services, and intellectual property rights
            protection, to monitor and enforce the trade agreement
            obligations of the People's Republic of China in those
            sectors.
        (d) Department of Agriculture.--There are authorized to be
    appropriated to the Department of Agriculture, in addition to
    amounts otherwise available for such purposes, such sums as may
    be necessary for fiscal year 2001, and each fiscal year
    thereafter, for additional staff to increase legal and
    technical expertise in areas covered by trade agreements and
    United States trade law, including food safety and
    biotechnology, for purposes of monitoring compliance by the
    People's Republic of China with its trade agreement
    obligations.

    Subtitle C--Report on Compliance by the People's Republic of China With
                                WTO Obligations

    SEC. 421.\19\ REPORT ON COMPLIANCE.

        (a) In General.--Not later than 1 year after the entry into
    force of the Protocol of Accession of the People's Republic of
    China to the WTO, and annually thereafter, the Trade
    Representative shall submit a report to Congress on compliance
    by the People's Republic of China with commitments made in
    connection with its accession to the World Trade Organization,
    including both multilateral commitments and any bilateral
    commitments made to the United States.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6951.
    ---------------------------------------------------------------------------
        (b) Public Participation.--In preparing the report
    described in subsection (a), the Trade Representative shall
    seek public participation by publishing a notice in the Federal
    Register and holding a public hearing.

    TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

      Subtitle A--Task Force on Prohibition of Importation of Products of
           Forced or Prison Labor From the People's Republic of China

    SEC. 501.\20\ ESTABLISHMENT OF TASK FORCE.

        There is hereby established a task force on prohibition of
    importation of products of forced or prison labor from the
    People's Republic of China (hereafter in this subtitle referred
    to as the ``Task Force'').
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 6961.
    ---------------------------------------------------------------------------

    SEC. 502.\21\ FUNCTIONS OF TASK FORCE.

        The Task Force shall monitor and promote effective
    enforcement of and compliance with section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307) by performing the following
    functions:
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6962.
    ---------------------------------------------------------------------------
              (1) Coordinate closely with the United States Customs
            Service to promote maximum effectiveness in the
            enforcement by the Customs Service of section 307 of
            the Tariff Act of 1930 with respect to the products of
            the People's Republic of China. In order to assure such
            coordination, the Customs Service shall keep the Task
            Force informed, on a regular basis, of the progress of
            its investigations of allegations that goods are being
            entered into the United States, or that such entry is
            being attempted, in violation of the prohibition in
            section 307 of the Tariff Act of 1930 on entry into the
            United States of goods mined, produced, or manufactured
            wholly or in part in the People's Republic of China by
            convict labor, forced labor, or indentured labor under
            penal sanctions. Such investigations may include visits
            to foreign sites where goods allegedly are being mined,
            produced, or manufactured in a manner that would lead
            to prohibition of their importation into the United
            States under section 307 of the Tariff Act of 1930.
              (2) Make recommendations to the Customs Service on
            seeking new agreements with the People's Republic of
            China to allow Customs Service officials to visit sites
            where goods may be mined, produced, or manufactured by
            convict labor, forced labor, or indentured labor under
            penal sanctions.
              (3) Work with the Customs Service to assist the
            People's Republic of China and other foreign
            governments in monitoring the sale of goods mined,
            produced, or manufactured by convict labor, forced
            labor, or indentured labor under penal sanctions to
            ensure that such goods are not exported to the United
            States.
              (4) Coordinate closely with the Customs Service to
            promote maximum effectiveness in the enforcement by the
            Customs Service of section 307 of the Tariff Act of
            1930 with respect to the products of the People's
            Republic of China. In order to assure such
            coordination, the Customs Service shall keep the Task
            Force informed, on a regular basis, of the progress of
            its monitoring of ports of the United States to ensure
            that goods mined, produced, or manufactured wholly or
            in part in the People's Republic of China by convict
            labor, forced labor, or indentured labor under penal
            sanctions are not imported into the United States.
              (5) Advise the Customs Service in performing such
            other functions, consistent with existing authority, to
            ensure the effective enforcement of section 307 of the
            Tariff Act of 1930.
              (6) Provide to the Customs Service all information
            obtained by the departments represented on the Task
            Force relating to the use of convict labor, forced
            labor, or/and indentured labor under penal sanctions in
            the mining, production, or manufacture of goods which
            may be imported into the United States.

    SEC. 503.\22\ COMPOSITION OF TASK FORCE.

        The Secretary of the Treasury, the Secretary of Commerce,
    the Secretary of Labor, the Secretary of State, the
    Commissioner of Customs, and the heads of other executive
    branch agencies, as appropriate, acting through their
    respective designees at or above the level of Deputy Assistant
    Secretary, or in the case of the Customs Service, at or above
    the level of Assistant Commissioner, shall compose the Task
    Force. The designee of the Secretary of the Treasury shall
    chair the Task Force.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 6963.
    ---------------------------------------------------------------------------

    SEC. 504.\23\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated for fiscal year
    2001, and each fiscal year thereafter, such sums as may be
    necessary for the Task Force to carry out the functions
    described in section 502.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6964.
    ---------------------------------------------------------------------------

    SEC. 505.\24\ REPORTS TO CONGRESS.

        (a) Frequency of Reports.--Not later than the date that is
    1 year after the date of the enactment of this Act, and not
    later than the end of each 1-year period thereafter, the Task
    Force shall submit to the Congress a report on the work of the
    Task Force during the preceding 1-year period.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6965.
    ---------------------------------------------------------------------------
        (b) Contents of Reports.--Each report under subsection (a)
    shall set forth, at a minimum--
              (1) the number of allegations of violations of
            section 307 of the Tariff Act of 1930 with respect to
            products of the Peoples' Republic of China that were
            investigated during the preceding 1-year period;
              (2) the number of actual violations of section 307 of
            the Tariff Act of 1930 with respect to the products of
            the People's Republic of China that were discovered
            during the preceding 1-year period;
              (3) in the case of each attempted entry of products
            of the People's Republic of China in violation of such
            section 307 discovered during the preceding 1-year
            period--
                      (A) the identity of the exporter of the
                    goods;
                      (B) the identity of the person or persons who
                    attempted to sell the goods for export; and
                      (C) the identity of all parties involved in
                    transshipment of the goods; and
              (4) such other information as the Task Force
            considers useful in monitoring and enforcing compliance
            with section 307 of the Tariff Act of 1930.

       Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

    SEC. 511.\25\ ESTABLISHMENT OF TECHNICAL ASSISTANCE AND RULE OF LAW
                        PROGRAMS.

        (a) Commerce Rule of Law Program.--The Secretary of
    Commerce, in consultation with the Secretary of State, is
    authorized to establish a program to conduct rule of law
    training and technical assistance related to commercial
    activities in the People's Republic of China.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 6981.
    ---------------------------------------------------------------------------
        (b) Labor Rule of Law Program.--
              (1) In general.--The Secretary of Labor, in
            consultation with the Secretary of State, is authorized
            to establish a program to conduct rule of law training
            and technical assistance related to the protection of
            internationally recognized worker rights in the
            People's Republic of China.
              (2) Use of amounts.--In carrying out paragraph (1),
            the Secretary of Labor shall focus on activities
            including, but not limited to--
                      (A) developing, laws, regulations, and other
                    measures to implement internationally
                    recognized worker rights;
                      (B) establishing national mechanisms for the
                    enforcement of national labor laws and
                    regulations;
                      (C) training government officials concerned
                    with implementation and enforcement of national
                    labor laws and regulations; and
                      (D) developing an educational infrastructure
                    to educate workers about their legal rights and
                    protections under national labor laws and
                    regulations.
              (3) Limitation.--The Secretary of Labor may not
            provide assistance under the program established under
            this subsection to the All-China Federation of Trade
            Unions.
        (c) Legal System and Civil Society Rule of Law Program.--
    The Secretary of State is authorized to establish a program to
    conduct rule of law training and technical assistance related
    to development of the legal system and civil society generally
    in the People's Republic of China.
        (d) Conduct of Programs.--The programs authorized by this
    section may be used to conduct activities such as seminars and
    workshops, drafting of commercial and labor codes, legal
    training, publications, financing the operating costs for
    nongovernmental organizations working in this area, and funding
    the travel of individuals to the United States and to the
    People's Republic of China to provide and receive training.

    SEC. 512.\26\ ADMINISTRATIVE AUTHORITIES.

        In carrying out the programs authorized by section 511, the
    Secretary of Commerce and the Secretary of Labor (in
    consultation with the Secretary of State) may utilize any of
    the authorities contained in the Foreign Assistance Act of 1961
    and the Foreign Service Act of 1980.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 6982.
    ---------------------------------------------------------------------------

    SEC. 513.\27\ PROHIBITION RELATING TO HUMAN RIGHTS ABUSES.

        Amounts made available to carry out this subtitle may not
    be provided to a component of a ministry or other
    administrative unit of the national, provincial, or other local
    governments of the People's Republic of China, to a
    nongovernmental organization, or to an official of such
    governments or organizations, if the President has credible
    evidence that such component, administrative unit, organization
    or official has been materially responsible for the commission
    of human rights violations.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 6983.
    ---------------------------------------------------------------------------

    SEC. 514.\28\ AUTHORIZATION OF APPROPRIATIONS.

        (a) Commercial Law Program.--There are authorized to be
    appropriated to the Secretary of Commerce to carry out the
    program described in section 511(a) such sums as may be
    necessary for fiscal year 2001, and each fiscal year
    thereafter.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 6984.
    ---------------------------------------------------------------------------
        (b) Labor Law Program.--There are authorized to be
    appropriated to the Secretary of Labor to carry out the program
    described in section 511(b) such sums as may be necessary for
    fiscal year 2001, and each fiscal year thereafter.
        (c) Legal System and Civil Society Rule of Law Program.--
    There are authorized to be appropriated to the Secretary of
    State to carry out the program described in section 511(c) such
    sums as may be necessary for fiscal year 2001, and each fiscal
    year thereafter.
        (d) Construction With Other Laws.--Except as provided in
    this division, funds may be made available to carry out the
    purposes of this subtitle notwithstanding any other provision
    of law.

                    TITLE VI--ACCESSION OF TAIWAN TO THE WTO

    SEC. 601.\29\ ACCESSION OF TAIWAN TO THE WTO.

        It is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 6991.
    ---------------------------------------------------------------------------
              (1) immediately upon approval by the General Council
            of the WTO of the terms and conditions of the accession
            of the People's Republic of China to the WTO, the
            United States representative to the WTO should request
            that the General Council of the WTO consider Taiwan's
            accession to the WTO as the next order of business of
            the Council during the same session; and
              (2) the United States should be prepared to
            aggressively counter any effort by any WTO member, upon
            the approval of the General Council of the WTO of the
            terms and conditions of the accession of the People's
            Republic of China to the WTO, to block the accession of
            Taiwan to the WTO.

                           TITLE VII--RELATED ISSUES

    SEC. 701.\30\ AUTHORIZATIONS OF APPROPRIATIONS FOR BROADCASTING CAPITAL
                        IMPROVEMENTS AND INTERNATIONAL BROADCASTING
                        OPERATIONS.

        (a) Broadcasting Capital Improvements.--In addition to such
    sums as may otherwise be authorized to be appropriated, there
    are authorized to be appropriated for ``Department of State and
    Related Agency, Related Agency, Broadcasting Board of
    Governors, Broadcasting Capital Improvements'' $65,000,000 for
    the fiscal year 2003.\31\
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 7001.
        \31\ Sec. 121(b)(1) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public law 107-228; 116 Stat. 1361), struck out
    ``2001'' and inserted in lieu thereof ``2003''.
    ---------------------------------------------------------------------------
        (b) International Broadcasting Operations.--
              (1) Authorization of appropriations.--In addition to
            such sums as are otherwise authorized to be
            appropriated, there are authorized to be appropriated
            $34,000,000 for each of the fiscal years 2001, 2002,
            and 2003 \32\ for ``Department of State and Related
            Agency, Related Agency, Broadcasting Board of
            Governors, International Broadcasting Operations'' for
            the purposes under paragraph (2).
    ---------------------------------------------------------------------------
        \32\ Sec. 121(b)(2) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public law 107-228; 116 Stat. 1361), struck out
    ``2001 and 2003'' and inserted in lieu thereof ``2001, 2002, and
    2003''.
    ---------------------------------------------------------------------------
              (2) Uses of funds.--In addition to other authorized
            purposes, funds appropriated pursuant to paragraph (1)
            shall be used for the following:
                      (A) To increase personnel for the program
                    development office to enhance marketing
                    programming in the People's Republic of China
                    and neighboring countries.
                      (B) To enable Radio Free Asia's expansion of
                    news research, production, call-in show
                    capability, and web site/Internet enhancement
                    for the People's Republic of China and
                    neighboring countries.
                      (C) VOA enhancements, including the opening
                    of new news bureaus in Taipei and Shanghai,
                    enhancement of TV Mandarin, and an increase of
                    stringer presence abroad.
           (4) Pakistan--Exemption of Foreign Assistance Prohibitions

    Public Law 107-57 [S. 1465], 115 Stat. 403, approved October 27, 2001;
    as 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 [Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat.
          2809, approved December 8, 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 the President to exercise waivers of foreign
    assistance restrictions with respect to Pakistan through September 30,
                         2003, 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. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS
                        WITH RESPECT TO PAKISTAN.

        (a) Fiscal Year 2002 and Prior Fiscal Years.--
              (1) Exemptions.--Any provision of the foreign
            operations, export financing, and related programs
            appropriations Act for fiscal year 2002, or any
            provision of such Act for a prior fiscal year, that
            prohibits direct assistance to a country whose duly
            elected head of government was deposed by decree or
            military coup shall not apply with respect to Pakistan.
              (2) Prior consultation required.--Not less than 5
            days prior to the obligation of funds for Pakistan
            under paragraph (1), the President shall consult with
            the appropriate congressional committees with respect
            to such obligation.
        (b) Fiscal Year 2005.--\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 534(n)(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 ``2004'' and inserted in lieu
    thereof ``2005''. Previously, sec. 2213(1) of Public Law 108-106 (117
    Stat. 1232) struck out ``2003'' and inserted in lieu thereof ``2004''.
        Sec. 7103(c)(1)(A) of the 9/11 Commission Implementation Act of
    2004 (title VII of Public Law 108-458; 118 Stat. 3779) sought to strike
    out ``Fiscal Year 2004'' and insert in lieu thereof ``Fiscal Years 2005
    and 2006'' in the subsection heading. Technically, this amendment is
    not executable because of the earlier executed amendment enacted in
    Public Law 108-447.
    ---------------------------------------------------------------------------
              (1) \2\ Waiver.--The President is authorized to
            waive, with respect to Pakistan, any provision of the
            foreign operations, export financing, and related
            programs appropriations Act for fiscal year 2005 \3\
            that prohibits direct assistance to a country whose
            duly elected head of government was deposed by decree
            or military coup, if the President determines and
            certifies to the appropriate congressional committees
            that such waiver--
    ---------------------------------------------------------------------------
        \2\ 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).
        \3\ Sec. 534(n)(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 ``2004'' and inserted in lieu
    thereof ``2005''. Previously, sec. 2213(1) of Public Law 108-106 (117
    Stat. 1232) struck out ``2003'' and inserted in lieu thereof ``2004''.
        Sec. 7103(c)(1)(B) of the 9/11 Commission Implementation Act of
    2004 (title VII of Public Law 108-458; 118 Stat. 3779) sought to strike
    out ``2004'' and insert in lieu thereof ``2005 or 2006''. Technically,
    this amendment is not executable because of the earlier executed
    amendment enacted in Public Law 108-447.
    ---------------------------------------------------------------------------
                      (A) would facilitate the transition to
                    democratic rule in Pakistan; and
                      (B) is important to United States efforts to
                    respond to, deter, or prevent acts of
                    international terrorism.
              (2) Prior consultation required.--Not less than 5
            days prior to the exercise of the waiver authority
            under paragraph (1), the President shall consult with
            the appropriate congressional committees with respect
            to such waiver.

    SEC. 2. INCREASED FLEXIBILITY IN THE EXERCISE OF WAIVER AUTHORITY OF
                        MTCR AND EXPORT ADMINISTRATION ACT SANCTIONS WITH
                        RESPECT TO PAKISTAN.

        Any waiver under 73(e) of the Arms Export Control Act (22
    U.S.C. 2797b(e)), or under section 11B(b)(5) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2410b(b)(5)) (or
    successor statute), with respect to a sanction that was imposed
    on foreign persons in Pakistan prior to January 1, 2001, may be
    exercised--
              (1) only after consultation with the appropriate
            congressional committees; and
              (2) without regard to the notification periods set
            forth in the respective section authorizing the waiver.

    SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS
                        RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

        The following provisions of law shall not apply with
    respect to Pakistan:
              (1) Section 620(q) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2370(q)).
              (2) Such provision of the annual foreign operations,
            export financing, and related programs appropriations
            Acts for fiscal years, 2002, 2003, 2004, and 2005, as
            are \4\ comparable to section 512 of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2001 (Public Law 106-429; 114 Stat.
            1900A-25).
    ---------------------------------------------------------------------------
        \4\ Sec. 534(n)(2) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2005 (division D of Public Law
    108-447; 118 Stat. 2809), struck out ``and 2004'' and inserted in lieu
    thereof ``2004 and 2005''. Previously, sec. 2213(2) of Public Law 108-
    106 (117 Stat. 1232) struck out ``Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2002, as is'' and inserted in
    lieu thereof ``annual foreign operations, export financing, and related
    programs appropriations Acts for fiscal years, 2002, 2003, and 2004, as
    are''.
        Sec. 7103(c)(2) of the 9/11 Commission Implementation Act of 2004
    (title VII of Public Law 108-458; 118 Stat. 3779) sought to strike out
    ``and 2004'' and insert in lieu thereof ``2004, 2005 and 2006''.
    Technically, this amendment is not executable because of the earlier
    executed amendment enacted in Public Law 108-447.
    ---------------------------------------------------------------------------

    SEC. 4. MODIFICATION OF NOTIFICATION DEADLINES FOR DRAWDOWNS AND
                        TRANSFER OF EXCESS DEFENSE ARTICLES TO RESPOND TO,
                        DETER, OR PREVENT ACTS OF INTERNATIONAL TERRORISM.

        (a) Drawdowns.--Notwithstanding the second sentence of
    section 506(b)(1) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2318(b)(1)), each notification under that section with
    respect to any drawdown authorized by subclause (III) of
    subsection (a)(2)(A)(i) that the President determines is
    important to United States efforts to respond to, deter, or
    prevent acts of international terrorism shall be made at least
    5 days in advance of the drawdown in lieu of the 15-day
    requirement in that section.
        (b) Transfers of Excess Defense Articles.--Notwithstanding
    section 516(f)(1) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2321j(f)(1)), each notification under that section with
    respect to any transfer of an excess defense article that the
    President determines is important to United States efforts to
    respond to, deter, or prevent acts of international terrorism
    shall be made at least 15 days in advance of the transfer in
    lieu of the 30-day requirement in that section.

    SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

        In this Act, the term ``appropriate congressional
    committees'' means the Committee on Foreign Relations and the
    Committee on Appropriations of the Senate and the Committee on
    International Relations and the Committee on Appropriations of
    the House of Representatives.

    SEC. 6. TERMINATION DATE.

        Except as otherwise provided in section 1 or 3, the
    provisions of this Act shall terminate on October 1, 2005.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 534(n)(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 ``2004'' and inserted in lieu
    thereof ``2005''. Previously, sec. 2213(3) of Public Law 108-106 (117
    Stat. 1232) struck out ``2003'' and inserted in lieu thereof ``2004''.
        Sec. 7103(c)(3) of the 9/11 Commission Implementation Act of 2004
    (title VII of Public Law 108-458; 118 Stat. 3779) sought to strike out
    ``2004'' and insert in lieu thereof ``2006''. Technically, this
    amendment is not executable because of the earlier executed amendment
    enacted in Public Law 108-447.
        Sec. 117 of the Continuing Appropriations Resolution (Public Law
    109-77; 119 Stat. 2040), however, provided the following:
        ``Sec. 117. Section 6 of Public Law 107-57, 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.''.
        Sec. 106 of that Act (119 Stat. 2039), as amended by Public Law
    109-105 (119 Stat. 2287) and Public Law 109-128 (119 Stat. 2549),
    provided the following:
        ``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.''.
        Sec. 534(j) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2210), provided the following:
        ``(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.''.
           (5) Waiver of Certain Sanctions Against India and Pakistan

    Title IX of the Department of Defense Appropriations Act, 2000 [Public
     Law 106-79; H.R. 2561], 113 Stat. 1212 at 1283, approved October 25,
     1999; amended by Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 2000, and for other purposes.

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

                                    TITLE IX

             WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN

        Sec. 9001.\1\ (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)).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2799aa-1 note.
    ---------------------------------------------------------------------------
        (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.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 1405(b) of Public Law 107-228 (116 Stat. 1458) added this
    sentence.
    ---------------------------------------------------------------------------
        (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.
                     (6) India-Pakistan Relief Act of 1998

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

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

                   (7) Agriculture Export Relief Act of 1998

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

      AN ACT To amend the Arms Export Control Act, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Agriculture Export Relief
    Act of 1998''.

    SEC. 2. SANCTIONS EXEMPTIONS.

        (a) Exemption Regarding Food and Other Agricultural
    Commodity Purchases.--Section 102(b)(2)(D) of the Arms Export
    Control Act (22 U.S.C. 2799aa-1(b)(2)(D)) is amended as
    follows:
              (1) In clause (i) by striking ``or'' at the end.
              (2) In clause (ii) by striking the period and
            inserting ``, or''.
              (3) By inserting after clause (ii) the following new
            clause:
                      ``(iii) to any credit, credit guarantee, or
                    financial assistance provided by the Department
                    of Agriculture to support the purchase of food
                    or other agricultural commodity.''.
        (b) Description of Agricultural Commodities.--Section
    102(b)(2)(F) of such Act is amended by striking the period at
    the end and inserting ``, which includes fertilizer.''.
        (c) Other Exemptions.--Section 102(b)(2)(D)(ii) of such Act
    is further amended by inserting after ``to'' the following:
    ``medicines, medical equipment, and''.
        (d) Application of Amendments.--The amendment made by
    subsection (a)(3) shall apply to any credit, credit guarantee,
    or other financial assistance provided by the Department of
    Agriculture before, on, or after the date of enactment of this
    Act through September 30, 1999.
        (e) \1\ 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.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2799aa-1 note.
                 (8) Bangladesh Disaster Assistance Act of 1988

     Public Law 100-576 [H.R. 5389], 102 Stat. 2897, approved October 31,
                                      1988

             AN ACT Concerning disaster assistance for Bangladesh.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Bangladesh Disaster
    Assistance Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        The Congress finds that--
              (1) as a result of the 1988 floods, two-thirds of
            Bangladesh has been inundated with flood waters;
              (2) over 30 million people in Bangladesh are
            homeless, over 2000 dead, tens of thousands ill, and
            potentially millions at risk of waterborne disease and
            epidemic because of lack of safe water and
            overcrowding;
              (3) transportation, communications, and normal
            commerce in Bangladesh have been seriously interrupted,
            with a potential cost of replacing destroyed or damaged
            infrastructure of $500,000,000;
              (4) agricultural lands have been flooded, with a
            potential crop loss of nearly $1,000,000,000;
              (5) the people of the United States have respected
            and generously supported the efforts of the people of
            Bangladesh to maintain their independence, promote
            equitable economic growth, and strive for political
            pluralism and greater democracy; and
              (6) the Government of Bangladesh has taken quick
            action to cope with this disaster, one of the most
            serious in the history of Bangladesh, but must rely on
            a generous response from the international community
            for emergency assistance and, even more importantly,
            for the expertise and resources needed to prevent the
            continual recurrence of such disastrous floods.

    SEC. 3. COMMENDATION OF AND SUPPORT FOR THE PEOPLE OF BANGLADESH.

        The Congress--
              (1) commends the courage and resourcefulness
            demonstrated by the people of Bangladesh in response to
            the 1988 floods;
              (2) commends the President for the generous provision
            by the United States of emergency assistance for
            Bangladesh;
              (3) commends United States private and voluntary
            organizations, international organizations, foreign
            governments, and others for their compassionate
            response to this natural disaster;
              (4) expresses its support for the people of
            Bangladesh at this most critical time;
              (5) declares its willingness to work with the
            President to provide generous levels of emergency
            humanitarian assistance to the people of Bangladesh;
              (6) declares its willingness to work with the
            Government of Bangladesh and with private and voluntary
            organizations to ensure that emergency assistance
            quickly reaches those most in need; and
              (7) declares its willingness to work with the
            international community to seek the means to prevent a
            recurrence of such natural disasters, and urges the
            President to promote a regional solution designed to
            prevent a recurrence of such natural disasters.

    SEC. 4. EMERGENCY ASSISTANCE FOR BANGLADESH.

        (a) Use of Food for Development Local Currencies for
    Disaster Assistance.--(1) \2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 4(a)(1) amended sec. 301 of the Agricultural Trade
    Development and Assistance Act of 1954, which was subsequently amended
    by title XV of the Food, Agriculture, Conservation, and Trade Act of
    1990 (Public Law 101-624; 104 Stat. 3359).
    ---------------------------------------------------------------------------
        (2) \3\ Food for Development agreements entered into under
    title III of that Act before the date of enactment of this Act
    may be amended in order to implement the amendment made by
    paragraph (1).
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1727 note.
    ---------------------------------------------------------------------------
        (3) Pending amendment pursuant to paragraph (2) Food for
    Development agreements with the Government of Bangladesh, the
    use of funds accruing under those agreements, with the approval
    of the United States Government, for flood-related disaster
    assistance authorized by the amendment made by paragraph (1)
    shall be deemed to be consistent with the applicable agreement.
        (b) Additional Funds for Disaster Assistance for
    Bangladesh.--It is the sense of the Congress that, in order to
    provide additional resources for disaster assistance for the
    victims of the 1988 floods in Bangladesh, not less than
    $100,000,000 of the local currencies generated under Food for
    Development agreements with the Government of Bangladesh should
    be used for the disaster relief, rehabilitation, and
    reconstruction assistance purposes authorized by the amendment
    made by subsection (a)(1).
        (c) Regular Assistance Programs to be Maintained.--Disaster
    assistance provided for Bangladesh by the United States because
    of the 1988 floods should be in addition to the regularly
    programmed assistance for that country for fiscal year 1989
    under chapter 1 of part I of the Foreign Assistance Act of 1961
    (relating to development assistance) and titles I, II, and III
    of the Agriculture Trade Development and Assistance Act of 1954
    (relating to food assistance); and the level of such regularly
    programmed assistance.
        (d) Extension of Period for use of Food for Development
    Local Currencies.--It is the sense of the Congress that the
    period, during which funds accruing under Food for Development
    agreements with the Government of Bangladesh must be used,
    should be extended from September 30, 1989, to at least
    September 30, 1990.

    SEC. 5. REPORT TO CONGRESS.

        (a) In General.--Not later than 6 months after the date of
    enactment of this Act, the President shall submit to the
    Congress a report on efforts by the international community and
    the governments of the region to develop regional programs for
    the Ganges basin and the Brahmaputra basin that are designed--
              (1) to ensure an equitable and predictable supply of
            water in the dry season; and
              (2) to promote better flood control mechanisms to
            mitigate in the mid-term, and prevent in the long-term,
            floods as severe as the 1988 floods in Bangladesh.
        (b) Specific Requirements.--The report required by
    subsection (a)--
              (1) shall describe what efforts have been made by
            international organizations and other international
            institutions, by bilateral and multilateral assistance
            donors, and by countries in the region, to achieve the
            objectives set forth in subsection (a);
              (2) shall describe the feasibility studies, planning
            studies, or actual projects that are in preparation or
            have been completed to achieve those objectives;
              (3) shall analyze the potential costs, the technology
            obstacles (such as those presented by the earthquakes
            to which the region is prone), and the political
            problems, that stand in the way of effective flood
            control in the Ganges basin and the Brahmaputra basin;
              (4) shall describe the environmental causes of the
            flood, particularly deforestation and soil erosion; and
              (5) shall describe the efforts made, and the efforts
            proposed to be made, by the President to promote a
            regional approach to achieving the objectives set forth
            in subsection (a).

    SEC. 6. OFFICE OF TECHNOLOGY ASSESSMENT.

        It is the sense of the Congress that the Office of
    Technology Assessment--
              (1) should cooperate in the effort described in
            section 5; and
              (2) in particular, should provide to the Department
            of State and the Congress--
                      (A) a synopsis of all current studies and
                    reports--
                              (i) on flood control in the Ganges
                            basin and the Brahmaputra basin, or
                              (ii) on state-of-the-art technology
                            available for the construction and
                            maintenance of flood control projects,
                            and
                      (B) any cost benefit analysis of efforts to
                    improve water availability in the dry season
                    and to mitigate or prevent severe flooding.
                g. Anglo-Irish Agreement Support Act of 1986 \1\

    Partial text of Public Law 99-415 [H.R. 4329], 100 Stat. 947, approved
     September 19, 1986; amended by Public Law 105-277 [Foreign Relations
        Authorization Act, Fiscal Years 1998 and 1999, subdivision B of
       division G of the Omnibus Consolidated and Emergency Supplemental
     Appropriations Act, 1999; H.R. 4328], 112 Stat 2681, approved October
                                    21, 1998

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

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Anglo-Irish Agreement
    Support Act of 1986''.
    ---------------------------------------------------------------------------
        \1\ See also the Irish Peace Process Cultural and Training Program
    Act of 1998 (Public Law 105-319; 112 Stat. 3013; 8 U.S.C. 1101 note),
    authorizing the establishment of a program ``to allow young people from
    disadvantaged areas of designated counties suffering from sectarian
    violence and high structural unemployment to enter the United States
    for the purpose of developing job skills and conflict resolution
    abilities * * *'', in Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds that the Anglo-Irish
    Agreement is a clear demonstration of the determination of the
    Government of the United Kingdom and the Government of Ireland
    to make progress concerning the complex situation in Northern
    Ireland. The Congress strongly supports the Anglo-Irish
    Agreement and is particularly encouraged that these two
    neighboring countries, longstanding friends of the United
    States, have joined together to rebuild a land that has too
    often been the scene of economic hardship and where many have
    suffered severely from the consequences of violence in recent
    years. In recognition of our ties of kinship, history, and
    commitment to democratic values, the Congress believes the
    United Stats should participate in this renewed commitment to
    social and economic progress in Northern Ireland and affected
    areas of Ireland.
        (b) Purposes.--It is, therefore, the purpose of the Act to
    provide for United States contributions in support of the
    Anglo-Irish Agreement, such contributions to consist of
    economic support fund assistance for payment to the
    International Fund established pursuant to the Anglo-Irish
    Agreement, as well as other assistance to serve as an incentive
    for economic development and reconciliation in Ireland and
    Northern Ireland. The purpose of these United States
    contributions shall be to support the Anglo-Irish Agreement in
    promoting reconciliation in Northern Ireland and the
    establishment of a society in Northern Ireland in which all may
    live in peace, free from discrimination, terrorism, and
    intolerance, and with the opportunity for both communities to
    participate fully in the structures and processes of
    government. ``United States contributions should be used in a
    manner that effectively increases employment opportunities in
    communities with rates of unemployment higher than the local or
    urban average of unemployment in Northern Ireland. In addition,
    such contributions should be used to benefit individuals
    residing in such communities.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 2811(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
    112 Stat. 2681-851), added ``United States contributions should be used
    in a manner that effectively increases employment opportunities in
    communities with rates of unemployment higher than the local or urban
    average of unemployment in Northern Ireland. In addition, such
    contributions should be used to benefit individuals residing in such
    communities.''.
    ---------------------------------------------------------------------------

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

        (a) Fiscal Year 1986.--Of the amounts made available for
    the fiscal year 1986 to carry out chapter 4 of part II of the
    Foreign Assistance Act of 1961 (relating to the economic
    support fund), $50,000,000 shall be used for United States
    contributions to the International Fund. Pending the formal
    establishment of the International Fund and submission of the
    certification required by section 5(c) of this Act, these funds
    may, pursuant to an agreement with the Government of the United
    Kingdom and the Government of Ireland, be disbursed into and
    maintained in a separate account.
        (b) Fiscal Years 1987 and 1988.--Of the amounts made
    available for each of the fiscal years 1987 and 1988 to carry
    out this chapter, $35,000,000 shall be used for United States
    contributions to the International Fund; and that amount is
    hereby authorized to be appropriated for each of those fiscal
    years to carry out that chapter (in addition to amounts
    otherwise authorized to be appropriated). Amounts appropriated
    pursuant to this subsection are authorized to remain available
    until expended.\3\
    ---------------------------------------------------------------------------
        \3\ 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. 2181) provided
    the following:
    ---------------------------------------------------------------------------

    ``international fund for ireland
    ---------------------------------------------------------------------------

        ``For necessary expenses to carry out the provisions of chapter 4
    of part II of the Foreign Assistance Act of 1961, $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): 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.''.
    ---------------------------------------------------------------------------

    SEC. 4. OTHER ASSISTANCE.

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

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

        (a) Promoting Economic and Social Reconstruction and
    Development.--(1) In general.--The United States \5\
    contributions provided for in this Act--
    ---------------------------------------------------------------------------
        \5\ Sec. 2811(b)(1)(A) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), struck out ``The United States'' and
    inserted in lieu thereof ``(1) In general.--The United States''.
    ---------------------------------------------------------------------------
              (A) \6\ may be used only to support and promote
            economic and social reconstruction and development in
            Ireland and Northern Ireland; and \7\
    ---------------------------------------------------------------------------
        \6\ Sec. 2811(b)(1)(B) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), struck out ``in this Act may be used''
    and inserted in lieu thereof ``in this Act--'' followed by subpara.
    designation ``(A)'' and ``may be used''. The original text of the first
    sentence of subsec. (a) then followed.
        \7\ Sec. 2811(b)(1)(C) and (D) of the Foreign Relations
    Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of
    division G of Public Law 105-277; 112 Stat. 2681-851), struck out a
    period at the end of the first sentence of subsec. (a), inserted in
    lieu thereof ``; and'', and added a new subpara. (B).
    ---------------------------------------------------------------------------
              (B) \7\ should be provided to individuals or entities
            in Northern Ireland which employ practices consistent
            with the principles of economic justice.
        (2) \8\ Additional requirements.--The restrictions
    contained in sections 531(e) and 660(a) of the Foreign
    Assistance Act of 1961 apply with respect to any such
    contributions.
    ---------------------------------------------------------------------------
        \8\ Sec. 2811(b)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), struck out ``The restrictions'' in the
    second sentence of subsec. (a), and added para. designation ``(2)
    Additional requirements.--The restrictions''.
    ---------------------------------------------------------------------------
        (b) United States Representation on the Board of the
    Fund.--The President shall make every effort, in consultation
    with the Government of the United Kingdom and the Government of
    Ireland, to ensure that there is United States representation
    on the Board of the International Fund.
        (c) Prior Certifications.--Each fiscal year, the United
    States may make contributions to the International Fund only if
    the President certifies to the Congress \9\ that he is
    satisfied that--
    ---------------------------------------------------------------------------
        \9\ Most recently, the President made such a determination on
    September 22, 1997 (Presidential Determination No. 97-33; 62 F.R.
    53217); September 22, 1999 (Presidential Determination No. 99-41; 64
    F.R. 53579); April 30, 2001 (Presidential Determination No. 2001-14; 66
    F.R. 27825); and September 9, 2003 (Presidential Determination No.
    2003-34; 68 F.R. 54967).
    ---------------------------------------------------------------------------
              (1) the Board of the International Fund, as a whole,
            is broadly representative of the interests of the
            communities in Ireland and Northern Ireland; and
              (2) disbursements from the International Fund--
                      (A) will be distributed to individuals and
                    entities whose practices are consistent with
                    principles of economic justice; and \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 2811(c)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), struck out ``in accordance with the
    principle of equality of opportunity and nondiscrimination in
    employment, without regard to religious affiliation; and'' and inserted
    in lieu thereof ``to individuals and entities whose practices are
    consistent with principles of economic justice; and''.
    ---------------------------------------------------------------------------
                      (B) will address the needs of both
                    communities in Northern Ireland and will create
                    employment opportunities in regions and
                    communities of Northern Ireland suffering from
                    high rates of unemployment.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 2811(c)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), inserted ``and will create employment
    opportunities in regions and communities of Northern Ireland suffering
    from high rates of unemployment''.
    ---------------------------------------------------------------------------
    Each such certification shall include a detailed explanation of
    the basis for the President's decision.

    SEC. 6. ANNUAL REPORTS.

        At the end of each fiscal year in which the United States
    Government makes any contribution to the International Fund,
    the Presidential shall report to the Congress on the degree to
    which--
              (1) the International Fund has contributed to
            reconciliation between the communities in Northern
            Ireland;
              (2) the United States contribution to the
            International Fund is meeting its objectives of
            encouraging new investment, job creation, and economic
            reconstruction on the basis of strict equality of
            opportunity; \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 2811(d) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-851), struck out ``and'' at the end of para.
    (2), struck out a period at the end of para. (3) and inserted in lieu
    thereof ``; and'' and added a new para. (4).
    ---------------------------------------------------------------------------
              (3) the International Fund has increased respect for
            the human rights and fundamental freedoms of all people
            in Northern Ireland; and \12\
              (4) \12\ the extent to which the practices of each
            individual or entity receiving assistance from United
            States contributions to the International Fund has been
            consistent with the principles of economic justice.

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

        (a) Disbursements, Audits, and Reports.--The provisions
    relating to disbursements on vouchers, audits, and submission
    of reports with respect to expenditures pursuant to the Joint
    Resolution of July 11, 1956 (Public Law 689), shall also apply
    with respect to expenditures pursuant to section 109(c) of the
    Act of November 22, 1983 (Public Law 98-164).
        (b) \13\ * * *
    ---------------------------------------------------------------------------
        \13\ Sec. 7(b) amended sec. 109 of the Act of November 22, 1983
    (Public Law 98-164).
    ---------------------------------------------------------------------------
        (c) \14\ Prohibition.--Nothing included herein shall
    require quotas or reverse discrimination or mandate their use.
    ---------------------------------------------------------------------------
        \14\ Sec. 2811(e) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-852), added subsec. (c).
    ---------------------------------------------------------------------------

    SEC. 8. DEFINITIONS.

        As used in this Act--
              (1) the term ``Anglo-Irish Agreement'' means the
            Agreement Between the Government of Ireland and the
            Government of the United Kingdom dated November 15,
            1985; \15\
    ---------------------------------------------------------------------------
        \15\ Sec. 2811(f) of the Foreign Relations Authorization Act,
    Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
    105-277; 112 Stat. 2681-852), struck out ``and'' at the end of para.
    (1), struck out a period at the end of para. (2) and inserted in lieu
    thereof ``; and'', and added a new para. (3).
    ---------------------------------------------------------------------------
              (2) the term ``International Fund'' means the
            international fund for economic development projects in
            Northern Ireland and Ireland, established pursuant to
            Article 10 of the Anglo-Irish Agreement; and \15\
              (3) \15\ the term ``principles of economic justice''
            means the following principles:
                      (A) Increasing the representation of
                    individuals from underrepresented religious
                    groups in the workforce, including managerial,
                    supervisory, administrative, clerical, and
                    technical jobs.
                      (B) Providing adequate security for the
                    protection of minority employees at the
                    workplace.
                      (C) Banning provocative sectarian or
                    political emblems from the workplace.
                      (D) Providing that all job openings be
                    advertised publicly and providing that special
                    recruitment efforts be made to attract
                    applicants from underrepresented religious
                    groups.
                      (E) Providing that layoff, recall, and
                    termination procedures do not favor a
                    particular religious group.
                      (F) Abolishing job reservations,
                    apprenticeship restrictions, and differential
                    employment criteria which discriminate on the
                    basis of religion.
                      (G) Providing for the development of training
                    programs that will prepare substantial numbers
                    of minority employees for skilled jobs,
                    including the expansion of existing programs
                    and the creation of new programs to train,
                    upgrade, and improve the skills of minority
                    employees.
                      (H) Establishing procedures to assess,
                    identify, and actively recruit minority
                    employees with the potential for further
                    advancement.
                      (I) Providing for the appointment of a senior
                    management staff member to be responsible for
                    the employment efforts of the entity and,
                    within a reasonable period of time, the
                    implementation of the principles described in
                    subparagraphs (A) through (H).
                     h. International Narcotics Control \1\

                  (1) Western Hemisphere Drug Elimination Act

     Title VIII of Public Law 105-277 [Omnibus Consolidated and Emergency
      Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
       approved October 21, 1998; amended by Public Law 106-35 [Western
    Hemisphere Drug Elimination Technical Corrections Act; H.R. 1379], 113
                       Stat. 126, approved June 15, 1999

                TITLE VIII--WESTERN HEMISPHERE DRUG ELIMINATION

    SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

        (a) \2\ Short Title.--This title may be cited as the
    ``Western Hemisphere Drug Elimination Act''.
    ---------------------------------------------------------------------------
        \1\ See also Public Law 106-246, establishing Plan Colombia, page
    216.
        \2\ 21 U.S.C. 801 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this
    title is as follows:
    ---------------------------------------------------------------------------
        \3\ Added by sec. 2(b) of Public Law 106-35 (113 Stat. 126).

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

    Sec. 801. Short title; table of contents..........................   360
    Sec. 802. Findings and statement of policy........................   361

            Subtitle A--Enhanced Source and Transit Country Coverage

    Sec. 811. Expansion of radar coverage and operation in source and
        transit countries.............................................   363
    Sec. 812. Expansion of Coast Guard drug interdiction..............   364
    Sec. 813. Expansion of aircraft coverage and operation in source
        and transit countries.........................................   365

      Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
                                    Countries

    Sec. 821. Additional eradication resources for Colombia...........   366
    Sec. 822. Additional eradication resources for Peru...............   367
    Sec. 823. Additional eradication resources for Bolivia............   367
    Sec. 824. Miscellaneous additional eradication resources..........   368
    Sec. 825. Bureau of International Narcotics and Law Enforcement
        Affairs.......................................................   368
    Sec. 826. Further miscellaneous additional resources \3\..........   368

    Subtitle C--Enhanced Alternative Crop Development Support in Source Zone

    Sec. 831. Alternative crop development support....................   368
    Sec. 832. Authorization of appropriations for Agricultural
        Research Service counterdrug research and development
        activities....................................................   368
    Sec. 833. Master plan for herbicides to control narcotic crops....   369
    Sec. 834. Authorization of use of environmentally-approved
        herbicides to eliminate illicit narcotics crops...............   370

           Subtitle D--Enhanced International Law Enforcement Training

    Sec. 841. Enhanced international law enforcement academy training.   370
    Sec. 842. Enhanced United States drug enforcement international
        training......................................................   370
    Sec. 843. Provision of nonlethal equipment to foreign law
        enforcement organizations for cooperative illicit narcotics
        control activities............................................   372

       Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
                            Operations and Equipment

    Sec. 851. Increased funding for operations and equipment; report..   372
    Sec. 852. Funding for computer software and hardware to facilitate
        direct communication between drug enforcement agencies........   373
    Sec. 853. Sense of Congress regarding priority of drug
        interdiction and counterdrug activities.......................   374

                     Subtitle F--Relationship to Other Laws

    Sec. 861. Authorizations of appropriations........................   374

                Subtitle G--Trafficking in Controlled Substances

    Sec. 871. Short title.............................................   374
    Sec. 872. Limitation..............................................   374

    SEC. 802. FINDINGS AND STATEMENT OF POLICY.

        (a) Findings.--Congress makes the following findings:
              (1) Teenage drug use in the United States has doubled
            since 1993.
              (2) The drug crisis facing the United States is a top
            national security threat.
              (3) The spread of illicit drugs through United States
            borders cannot be halted without an effective drug
            interdiction strategy.
              (4) Effective drug interdiction efforts have been
            shown to limit the availability of illicit narcotics,
            drive up the street price, support demand reduction
            efforts, and decrease overall drug trafficking and use.
              (5) A prerequisite for reducing youth drug use is
            increasing the price of drugs. To increase price
            substantially, at least 60 percent of drugs must be
            interdicted.
              (6) In 1987, the national drug control budget
            maintained a significant balance between demand and
            supply reduction efforts, illustrated as follows:
                      (A) 29 percent of the total drug control
                    budget expenditures for demand reduction
                    programs.
                      (B) 38 percent of the total drug control
                    budget expenditures for domestic law
                    enforcement.
                      (C) 33 percent of the total drug control
                    budget expenditures for international drug
                    interdiction efforts.
              (7) In the late 1980's and early 1990's,
            counternarcotic efforts were successful, specifically
            in protecting the borders of the United States from
            penetration by illegal narcotics through increased
            seizures by the United States Coast Guard and other
            agencies, including a 302 percent increase in pounds of
            cocaine seized between 1987 and 1991.
              (8) Limiting the availability of narcotics to drug
            traffickers in the United States had a promising effect
            as illustrated by the decline of illicit drug use
            between 1988 and 1991, through a--
                      (A) 13 percent reduction in total drug use;
                      (B) 35 percent drop in cocaine use; and
                      (C) 16 percent decrease in marijuana use.
              (9) In 1993, drug interdiction efforts in the transit
            zones were reduced due to an imbalance in the national
            drug control strategy. This trend has continued through
            1995 as shown by the following figures:
                      (A) 35 percent for demand reduction programs.
                      (B) 53 percent for domestic law enforcement.
                      (C) 12 percent for international drug
                    interdiction efforts.
              (10) Supply reduction efforts became a lower priority
            for the Administration and the seizures by the United
            States Coast Guard and other agencies decreased as
            shown by a 68 percent decrease in the pounds of cocaine
            seized between 1991 and 1996.
              (11) Reductions in funding for comprehensive
            interdiction operations like OPERATION GATEWAY and
            OPERATION STEELWEB, initiatives that encompassed all
            areas of interdiction and attempted to disrupt the
            operating methods of drug smugglers along the entire
            United States border, have created unprotected United
            States border areas which smugglers exploit to move
            their product into the United States.
              (12) The result of this new imbalance in the national
            drug control strategy caused the drug situation in the
            United States to become a crisis with serious
            consequences including--
                      (A) doubling of drug-abuse-related arrests
                    for minors between 1992 and 1996;
                      (B) 70 percent increase in overall drug use
                    among children aged 12 to 17;
                      (C) 80 percent increase in drug use for
                    graduating seniors since 1992;
                      (D) a sharp drop in the price of 1 pure gram
                    of heroin from $1,647 in 1992 to $966 in
                    February 1996; and
                      (E) a reduction in the street price of 1 gram
                    of cocaine from $123 to $104 between 1993 and
                    1994.
              (13) The percentage change in drug use since 1992,
            among graduating high school students who used drugs in
            the past 12 months, has substantially increased--
            marijuana use is up 80 percent, cocaine use is up 80
            percent, and heroin use is up 100 percent.
              (14) The Department of Defense has been called upon
            to support counter-drug efforts of Federal law
            enforcement agencies that are carried out in source
            countries and through transit zone interdiction, but in
            recent years Department of Defense assets critical to
            those counter-drug activities have been consistently
            diverted to missions that the Secretary of Defense and
            the Chairman of the Joint Chiefs of Staff consider a
            higher priority.
              (15) The Secretary of Defense and the Chairman of the
            Joint Chiefs of Staff, through the Department of
            Defense policy referred to as the Global Military Force
            Policy, has established the priorities for the
            allocation of military assets in the following order:
            (1) war; (2) military operations other than war that
            might involve contact with hostile forces (such as
            peacekeeping operations and noncombatant evacuations);
            (3) exercises and training; and (4) operational tasking
            other than those involving hostilities (including
            counter-drug activities and humanitarian assistance).
              (16) Use of Department of Defense assets is critical
            to the success of efforts to stem the flow of illegal
            drugs from source countries and through transit zones
            to the United States.
              (17) The placement of counter-drug activities in the
            fourth and last priority of the Global Military Force
            Policy list of priorities for the allocation of
            military assets has resulted in a serious deficiency in
            assets vital to the success of source country and
            transit zone efforts to stop the flow of illegal drugs
            into the United States.
              (18) At present the United States faces few, if any,
            threats from abroad greater than the threat posed to
            the Nation's youth by illegal and dangerous drugs.
              (19) The conduct of counter-drug activities has the
            potential for contact with hostile forces.
              (20) The Department of Defense counter-drug
            activities mission should be near the top, not among
            the last, of the priorities for the allocation of
            Department of Defense assets after the first priority
            for those assets for the war-fighting mission of the
            Department of Defense.
        (b) Statement of Policy.--It is the policy of the United
    States to--
              (1) reduce the supply of drugs and drug use through
            an enhanced drug interdiction effort in the major drug
            transit countries, as well support a comprehensive
            supply country eradication and crop substitution
            program, because a commitment of increased resources in
            international drug interdiction efforts will create a
            balanced national drug control strategy among demand
            reduction, law enforcement, and international drug
            interdiction efforts; and
              (2) develop and establish comprehensive drug
            interdiction and drug eradication strategies, and
            dedicate the required resources, to achieve the goal of
            reducing the flow of illegal drugs into the United
            States by 80 percent by as early as January 1, 2003.

            Subtitle A--Enhanced Source and Transit Country Coverage

    SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
                        TRANSIT COUNTRIES.

        (a) Authorization of Appropriations.--Funds are authorized
    to be appropriated for the Department of the Treasury for
    fiscal years 1999, 2000, and 2001 for the enhancement of radar
    coverage in drug source and transit countries in the total
    amount of $14,300,000 which shall be available for the
    following purposes:
              (1) For restoration of radar, and operation and
            maintenance of radar, in the Bahamas.
              (2) For operation and maintenance of ground-based
            radar at Guantanamo Bay Naval Base, Cuba.
        (b) Report.--Not later than January 31, 1999, the Secretary
    of Defense, in conjunction with the Director of Central
    Intelligence, shall submit to the Committee on National
    Security, the Committee on International Relations, and the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Committee on Armed Services, the
    Committee on Foreign Relations, and the Select Committee on
    Intelligence of the Senate a report examining the options
    available to the United States for improving Relocatable Over
    the Horizon (ROTHR) capability to provide enhanced radar
    coverage of narcotics source zone countries in South America
    and transit zones in the Eastern Pacific. The report shall
    include--
              (1) a discussion of the need and costs associated
            with the establishment of a proposed fourth ROTHR site
            located in the source or transit zones; and
              (2) an assessment of the intelligence specific issues
            raised if such a ROTHR facility were to be established
            in conjunction with a foreign government.

    SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

        (a) Operating Expenses.--For operating expenses of the
    Coast Guard associated with expansion of drug interdiction
    activities around Puerto Rico, the United States Virgin
    Islands, and other transit zone areas of operation, there is
    authorized to be appropriated to the Secretary of
    Transportation $151,500,000 for each of fiscal years 1999,
    2000, and 2001. Such amounts shall include (but are not limited
    to) amounts for the following:
              (1) For deployment of intelligent acoustic detection
            buoys in the Florida Straits and Bahamas.
              (2) For a nonlethal technology program to enhance
            countermeasures against the threat of transportation of
            drugs by so-called Go-Fast boats.
        (b) Acquisition, Construction, and Improvement.--
              (1) In general.--For acquisition, construction, and
            improvement of facilities and equipment to be used for
            expansion of Coast Guard drug interdiction activities,
            there is authorized to be appropriated to the Secretary
            of Transportation for fiscal year 1999 the total amount
            of $630,300,000 which shall be available for the
            following purposes:
                      (A) For maritime patrol aircraft sensors.
                      (B) For acquisition of deployable pursuit
                    boats.
                      (C) For the acquisition and construction of
                    up to 15 United States Coast Guard Coastal
                    Patrol Boats.
                      (D) For--
                              (i) the reactivation of up to 3
                            United States Coast Guard HU-25 Falcon
                            jets;
                              (ii) the procurement of up to 3 C-37A
                            aircraft; or
                              (iii) the procurement of up to 3 C-
                            20H aircraft.
                      (E) For acquisition of installed or
                    deployable electronic sensors and
                    communications systems for Coast Guard Cutters.
                      (F) For acquisition and construction of
                    facilities and equipment to support regional
                    and international law enforcement training and
                    support in Puerto Rico, the United States
                    Virgin Islands, and the Caribbean Basin.
                      (G) For acquisition or conversion of maritime
                    patrol aircraft.
                      (H) For acquisition or conversion of up to 2
                    vessels to be used as Coast Guard Medium or
                    High Endurance Cutters.
                      (I) For acquisition or conversion of up to 2
                    vessels to be used as Coast Guard Cutters as
                    support, command, and control platforms for
                    drug interdiction operations.
                      (J) For acquisition of up to 6 Coast Guard
                    Medium Endurance Cutters.
              (2) Continued availability.--Amounts appropriated
            under this subsection may remain available until
            expended.
        (c) Requirement To Accept Patrol Craft From Department of
    Defense.--The Secretary of Transportation shall accept, for use
    by the Coast Guard for expanded drug interdiction activities, 7
    PC-170 patrol craft if offered by the Department of Defense.

    SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND
                        TRANSIT COUNTRIES.

        (a) Department of the Treasury.--Funds are authorized to be
    appropriated for the Department of the Treasury for fiscal
    years 1999, 2000, and 2001 for the enhancement of air coverage
    and operation for drug source and transit countries in the
    total amount of $886,500,000 which shall be available for the
    following purposes:
              (1) For procurement of 10 P-3B Early Warning aircraft
            for the United States Customs Service to enhance
            overhead air coverage of drug source zone countries.
              (2) For the procurement and deployment of 10 P-3B
            Slick airplanes for the United States Customs Service
            to enhance overhead air coverage of the drug source
            zone.
              (3) In fiscal years 2000 and 2001, for operation and
            maintenance of 10 P-3B Early Warning aircraft for the
            United States Customs Service to enhance overhead air
            coverage of drug source zone countries.
              (4) For personnel for the 10 P-3B Early Warning
            aircraft for the United States Customs Service to
            enhance overhead air coverage of drug source zone
            countries.
              (5) In fiscal years 2000 and 2001, for operation and
            maintenance of 10 P-3B Slick airplanes for the United
            States Customs Service to enhance overhead coverage of
            the drug source zone.
              (6) For personnel for the 10 P-3B Slick airplanes for
            the United States Customs Service to enhance overhead
            air coverage of drug source zone countries.
              (7) For construction and furnishing of an additional
            facility for the P-3B aircraft.
              (8) For operation and maintenance for overhead air
            coverage for source countries.
              (9) For operation and maintenance for overhead
            coverage for the Caribbean and Eastern Pacific regions.
              (10) For purchase and for operation and maintenance
            of 3 RU-38A observation aircraft (to be piloted by
            pilots under contract with the United States).
        (b) Report.--Not later than January 31, 1999, the Secretary
    of Defense, in consultation with the Secretary of State and the
    Director of Central Intelligence, shall submit to the Committee
    on National Security, the Committee on International Relations,
    and the Permanent Select Committee on Intelligence of the House
    of Representatives and to the Committee on Armed Services, the
    Committee on Foreign Relations, and the Select Committee on
    Intelligence of the Senate a report examining the options
    available in the source and transit zones to replace Howard Air
    Force Base in Panama and specifying the requirements of the
    United States to establish an airbase or airbases for use in
    support of counternarcotics operations to optimize operational
    effectiveness in the source and transit zones. The report shall
    identify the following:
              (1) The specific requirements necessary to support
            the national drug control policy of the United States.
              (2) The estimated construction, operation, and
            maintenance costs for a replacement counterdrug airbase
            or airbases in the source and transit zones.
              (3) Possible interagency cost sharing arrangements
            for a replacement airbase or airbases.
              (4) Any legal or treaty-related issues regarding the
            replacement airbase or airbases.
              (5) A summary of completed alternative site surveys
            for the airbase or airbases.
        (c) Transfer of Aircraft.--The Secretary of the Navy shall
    transfer to the United States Customs Service--
              (1) ten currently retired and previously identified
            heavyweight P-3B aircraft for modification into P-3
            AEW&C aircraft; and
              (2) ten currently retired and previously identified
            heavyweight P-3B aircraft for modification into P-3
            Slick aircraft.

     Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
                                   Countries

    SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.

        (a) Department of State.--Funds are authorized to be
    appropriated for the Department of State for fiscalyears 1999,
    2000, and 2001 for the enhancement of drug-related eradication efforts
    in Colombia in the total amount of $201,250,000 which shall be
    available for the following purposes:
              (1) For each such fiscal year for sustaining support
            of the helicopters and fixed wing fleet of the national
            police of Colombia.
              (2) For the purchase of DC-3 transport aircraft for
            the national police of Colombia.
              (3) For acquisition of resources needed for prison
            security in Colombia.
              (4) For the purchase of minigun systems for the
            national police of Colombia.
              (5) For the purchase of 6 UH-60L Black Hawk utility
            helicopters for the national police of Colombia and for
            operation, maintenance, and training relating to such
            helicopters.
              (6) For procurement, for upgrade of 50 UH-1H
            helicopters to the Huey II configuration equipped with
            miniguns for the use of the national police of
            Colombia.
              (7) For the repair and rebuilding of the
            antinarcotics base in southern Colombia.
              (8) For providing sufficient and adequate base and
            force security for any rebuilt facility in southern
            Colombia, and the other forward operating antinarcotics
            bases of the Colombian National Police antinarcotics
            unit.
        (b) \4\ Counternarcotics Assistance.--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
              (1) Limitation on provision of assistance.--Except as
            provided in paragraph (2), United States
            counternarcotics assistance may not be provided for the
            Government of Colombia under this title or under any
            other provision of law on or after the date of
            enactment of this Act if the Government of Colombia
            negotiates or permits the establishment of any
            demilitarized zone in which the eradication of drug
            production by the security forces of Colombia,
            including the Colombian National Police antinarcotics
            unit, is prohibited.
              (2) Exception.--If the Government of Colombia
            negotiates or permits the establishment of a
            demilitarized zone described in paragraph (1), United
            States counternarcotics assistance may be provided for
            the Government of Colombia for a period of up to 90
            consecutive days upon a finding by the President that
            providing such assistance is in the national interest
            of the United States.
              (3) Notification.--In each case in which
            counternarcotics assistance is provided for the
            Government of Colombia as a result of a finding by the
            President described in paragraph (2), the President
            shall notify the Committees on Appropriations and the
            authorizing committees of jurisdiction of the House of
            Representatives and the Senate not later than 5 days
            after such assistance is provided.

    SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.

        (a) Department of State.--Funds are authorized to be
    appropriated for the Department of State for fiscal years 1999,
    2000, and 2001 for the establishment of a third drug
    interdiction site in Peru to support air bridge and riverine
    missions for enhancement of drug-related eradication efforts in
    Peru, in the total amount of $3,000,000, and an additional
    amount of $1,000,000 for each of fiscal years 2000 and 2001 for
    operation and maintenance.
        (b) Department of Defense Study.--The Secretary of Defense
    shall conduct a study of Peruvian counternarcotics air
    interdiction requirements and, not later than 90 days after the
    date of enactment of this Act, submit to Congress a report on
    the results of the study. The study shall include a review of
    the Peruvian Air Force's current and future requirements for
    counternarcotics air interdiction to complement the Peruvian
    Air Force's A-37 capability.

    SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.

        Funds are authorized to be appropriated for the Department
    of State for fiscal years 1999, 2000, and 2001 for enhancement
    of drug-related eradication efforts in Bolivia in the total
    amount of $17,000,000 which shall be available for the
    following purposes:
              (1) For support of air operations in Bolivia.
              (2) For support of riverine operations in Bolivia.
              (3) For support of coca eradication programs.
              (4) For procurement of 2 mobile x-ray machines, with
            operation and maintenance support.

    SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.

        Funds are authorized to be appropriated for the Department
    of State for fiscal years 1999, 2000, and 2001 for enhanced
    precursor chemical control projects, in the total amount of
    $500,000.

    SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT
                        AFFAIRS.

        (a) Sense of Congress Relating to Professional
    Qualifications of Officials Responsible for International
    Narcotics Control.--It is the sense of Congress that any
    individual serving in the position of assistant secretary in
    any department or agency of the Federal Government who has
    primary responsibility for international narcotics control and
    law enforcement, and the principal deputy of any such assistant
    secretary, shall have substantial professional qualifications
    in the fields of--
              (1) management;
              (2) Federal law enforcement or intelligence; and
              (3) foreign policy.
        (b) Sense of Congress Relating to Deficiencies in
    International Narcotics Assistance Activities.--It is the sense
    of Congress that the responsiveness and effectiveness of
    international narcotics assistance activities under the
    Department of State have been severely hampered due, in part,
    to the lack of law enforcement expertise by responsible
    personnel in the Department of State.

    SEC. 826.\5\ FURTHER MISCELLANEOUS ADDITIONAL RESOURCES.

        (a) In General.--There are authorized to be appropriated
    for the Department of State for fiscal year 1999 such sums as
    may be necessary to carry out section 481 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2291).
    ---------------------------------------------------------------------------
        \5\ Added by sec. 2(a) of Public Law 106-35 (113 Stat. 126).
    ---------------------------------------------------------------------------
        (b) Rule of Construction.--Amounts appropriated pursuant to
    the authorization of appropriations in subsection (a) are in
    addition to amounts made available to carry out section 481 of
    such Act under any other provision of law.

      Subtitle C--Enhanced Alternative Crop Development Support in Source
                                      Zone

    SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.

        Funds are authorized to be appropriated for the United
    States Agency for International Development for fiscal years
    1999, 2000, and 2001 for alternative development programs in
    the total amount of $180,000,000 which shall be available as
    follows:
              (1) In the Guaviare, Putumayo, and Caqueta regions in
            Colombia.
              (2) In the Ucayali, Apurimac, and Huallaga Valley
            regions in Peru.
              (3) In the Chapare and Yungas regions in Bolivia.

    SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL RESEARCH
                        SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT
                        ACTIVITIES.

        (a) In General.--There is authorized to be appropriated to
    the Secretary of Agriculture for each of fiscal years 1999,
    2000, and 2001, $23,000,000 to support the counternarcotics
    research efforts of the Agricultural Research Service of the
    Department of Agriculture. Of that amount, funds are authorized
    as follows:
              (1) $5,000,000 shall be used for crop eradication
            technologies.
              (2) $2,000,000 shall be used for narcotics plant
            identification, chemistry, and biotechnology.
              (3) $1,000,000 shall be used for worldwide crop
            identification, detection tagging, and production
            estimation technology.
              (4) $5,000,000 shall be used for improving the
            disease resistance, yield, and economic competitiveness
            of commercial crops that can be promoted as
            alternatives to the production of narcotics plants.
              (5) $10,000,000 to contract with entities meeting the
            criteria described in subsection (b) for the product
            development, environmental testing, registration,
            production, aerial distribution system development,
            product effectiveness monitoring, and modification of
            multiple herbicides to control narcotic crops
            (including coca, poppy, and cannabis) in the United
            States and internationally.
        (b) Criteria for Eligible Entities.--An entity under this
    subsection is an entity which possesses--
              (1) experience in diseases of narcotic crops;
              (2) intellectual property involving seed-borne
            dispersal formulations;
              (3) the availability of state-of-the-art containment
            or quarantine facilities;
              (4) country-specific herbicide formulations;
              (5) specialized fungicide resistant formulations; or
              (6) special security arrangements.

    SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC CROPS.

        (a) In General.--The Director of the Office of National
    Drug Control Policy shall develop a 10-year master plan for the
    use of herbicides to control narcotic crops (including coca,
    poppy, and cannabis) in the United States and internationally.
        (b) Coordination.--The Director shall develop the plan in
    coordination with--
              (1) the Department of Agriculture;
              (2) the Drug Enforcement Administration of the
            Department of Justice;
              (3) the Department of Defense;
              (4) the Environmental Protection Agency;
              (5) the Bureau for International Narcotics and Law
            Enforcement Activities of the Department of State;
              (6) the United States Information Agency; and
              (7) other appropriate agencies.
        (c) Report.--Not later than March 1, 1999, the Director of
    the Office of National Drug Control Policy shall submit to
    Congress a report describing the activities undertaken to carry
    out this section.

    SEC. 834.\6\ AUTHORIZATION OF USE OF ENVIRONMENTALLY-APPROVED
                        HERBICIDES TO ELIMINATE ILLICIT NARCOTICS CROPS.

        The Secretary of State, the Attorney General, the Secretary
    of Agriculture, the Secretary of Defense, the Director of the
    Office of National Drug Control Policy, and the Administrator
    of the Environmental Protection Agency are authorized to
    support the development and use of environmentally-approved
    herbicides to eliminate illicit narcotics crops, including
    coca, cannabis, and opium poppy, both in the United States and
    in foreign countries.
    ---------------------------------------------------------------------------
        \6\ 21 U.S.C. 1713.
    ---------------------------------------------------------------------------

          Subtitle D--Enhanced International Law Enforcement Training

    SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY TRAINING.

        (a) Maritime Law Enforcement Training Center.--Funds are
    authorized to be appropriated for the Department of
    Transportation and the Department of the Treasury for fiscal
    years 1999, 2000, and 2001 for the joint establishment,
    operation, and maintenance in San Juan, Puerto Rico, of a
    center for training law enforcement personnel of countries
    located in the Latin American and Caribbean regions in matters
    relating to maritime law enforcement, including customs-related
    ports management matters, as follows:
              (1) For each such fiscal year for funding by the
            Department of Transportation, $1,500,000.
              (2) For each such fiscal year for funding by the
            Department of the Treasury, $1,500,000.
        (b) United States Coast Guard International Maritime
    Training Vessel.--Funds are authorized to be appropriated for
    the Department of Transportation for fiscal years 1999, 2000,
    and 2001 for the establishment, operation, and maintenance of
    maritime training vessels in the total amount of $15,000,000
    which shall be available for the following purposes:
              (1) For a vessel for international maritime training,
            which shall visit participating Latin American and
            Caribbean nations on a rotating schedule in order to
            provide law enforcement training and to perform
            maintenance on participating national assets.
              (2) For support of the United States Coast Guard
            Balsam Class Buoy Tender training vessel.

    SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL
                        TRAINING.

        (a) Mexico.--Funds are authorized to be appropriated for
    the Department of Justice for fiscal years 1999, 2000, and 2001
    for substantial exchanges for Mexican judges, prosecutors, and
    police, in the total amount of $2,000,000 for each such fiscal
    year. The Attorney General shall consult with the Secretary of
    State regarding such exchanges.
        (b) Brazil.--Funds are authorized to be appropriated for
    the Department of Justice for fiscal years 1999, 2000, and 2001
    for enhanced support for the Brazilian Federal Police Training
    Center, in the total amount of $1,000,000 for each such fiscal
    year. The Attorney General shall consult with the Secretary of
    State regarding such enhanced support.
        (c) Panama.--
              (1) In general.--Funds are authorized to be
            appropriated for the Department of Transportation for
            fiscal years 1999, 2000, and 2001 for operation and
            maintenance, for locating and operating Coast Guard
            assets so as to strengthen the capability of the Coast
            Guard of Panama to patrol the Atlantic and Pacific
            coasts of Panama for drug enforcement and interdiction
            activities, in the total amount of $1,000,000 for each
            such fiscal year. The Secretary of Transportation shall
            consult with the Secretary of State regarding the
            location and operation of such assets for such
            purposes.
              (2) Eligibility to receive training.--Notwithstanding
            any other provision of law, members of the national
            police of Panama shall be eligible to receive training
            through the International Military Education Training
            program.
        (d) Venezuela.--There are authorized to be appropriated for
    the Department of Justice for each of fiscal years 1999, 2000,
    and 2001, $1,000,000 for operation and maintenance, for support
    for the Venezuelan Judicial Technical Police Counterdrug
    Intelligence Center. The Attorney General shall consult with
    the Secretary of State regarding such support.
        (e) Ecuador.--
              (1) In general.--Funds are authorized to be
            appropriated for the Department of Transportation and
            the Department of the Treasury for each of fiscal years
            1999, 2000, and 2001 for the buildup of local coast
            guard and port control in Guayaquil and Esmeraldas,
            Ecuador, as follows:
                      (A) For each such fiscal year for the
                    Department of Transportation, $500,000.
                      (B) For each such fiscal year for the
                    Department of the Treasury, $500,000.
              (2) Consultation.--The Secretary of Transportation
            and the Secretary of the Treasury shall consult with
            the Secretary of State regarding the buildup described
            in paragraph (1).
        (f) Haiti and the Dominican Republic.--Funds are authorized
    to be appropriated for the Department of the Treasury for each
    of fiscal years 1999, 2000, and 2001, $500,000 for the buildup
    of local coast guard and port control in Haiti and the
    Dominican Republic. The Secretary of the Treasury shall consult
    with the Secretary of State regarding such buildup of local
    coast guard and port patrol.
        (g) Central America.--There are authorized to be
    appropriated for the Department of the Treasury for each of
    fiscal years 1999, 2000, and 2001, $12,000,000 for the buildup
    of local coast guard and port control in Belize, Costa Rica, El
    Salvador, Guatemala, Honduras, and Nicaragua. The Secretary of
    the Treasury shall consult with the Secretary of State
    regarding such buildup of local coast guard and port patrol.

    SEC. 843.\7\ PROVISION OF NONLETHAL EQUIPMENT TO FOREIGN LAW
                        ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE ILLICIT
                        NARCOTICS CONTROL ACTIVITIES.

        (a) In General.--(1) Subject to paragraph (2), the
    Administrator of the Drug Enforcement Administration, in
    consultation with the Secretary of State, may transfer or lease
    each year nonlethal equipment to foreign law enforcement
    organizations for the purpose of establishing and carrying out
    cooperative illicit narcotics control activities.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2291-5.
    ---------------------------------------------------------------------------
        (2)(A) The Administrator may transfer or lease equipment
    under paragraph (1) only if the equipment is not designated as
    a munitions item or controlled on the United States Munitions
    List pursuant to section 38 of the Arms Export Control Act.
        (B) The value of each piece of equipment transferred or
    leased under paragraph (1) may not exceed $100,000.
        (b) Additional Requirement.--The Administrator shall
    provide for the maintenance and repair of any equipment
    transferred or leased under subsection (a).
        (c) Notification Requirement.--Before the export of any
    item authorized for transfer under subsection (a), the
    Administrator shall provide written notice to the Committee on
    Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2394-1).
        (d) Sense of Congress.--It is the sense of Congress that--
              (1) all United States law enforcement personnel
            serving in Mexico should be accredited the same status
            under the Vienna Convention on Diplomatic Immunity as
            other diplomatic personnel serving at United States
            posts in Mexico; and
              (2) all Mexican narcotics law enforcement personnel
            serving in the United States should be accorded the
            same diplomatic status as Drug Enforcement
            Administration personnel serving in Mexico.

       Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
                            Operations and Equipment

    SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.

        (a) Drug Enforcement Administration.--Funds are authorized
    to be appropriated for the Drug Enforcement Administration for
    fiscal years 1999, 2000, and 2001 for enhancement of
    counternarcotic operations in drug transit and source countries
    in the total amount of $58,900,000 which shall be available for
    the following purposes:
              (1) For support of the Merlin program.
              (2) For support of the intercept program.
              (3) For support of the development and implementation
            of automation systems to support investigative and
            intelligence requirements.
              (4) For support of the Caribbean Initiative.
              (5) For the hire of special agents, administrative
            and investigative support personnel, and intelligence
            analysts for the support of overseas investigations.
        (b) Department of State.--Funds are authorized to be
    appropriated for the Department of State for fiscal year 1999,
    2000, and 2001 for the deployment of commercial unclassified
    intelligence and imaging data and a Passive Coherent Location
    System for counternarcotics and interdiction purposes in the
    Western Hemisphere, the total amount of $20,000,000.
        (c) Department of the Treasury.--Funds are authorized to be
    appropriated for the United States Customs Service for fiscal
    years 1999, 2000, and 2001 for enhancement of counternarcotic
    operations in drug transit and source countries in the total
    amount of $71,500,000 which shall be available for the
    following purposes:
              (1) For refurbishment of up to 30 interceptor and
            Blue Water Platform vessels in the Caribbean maritime
            fleet.
              (2) For purchase of up to 9 new interceptor vessels
            in the Caribbean maritime fleet.
              (3) For the hire and training of up to 25 special
            agents for maritime operations in the Caribbean.
              (4) For purchase of up to 60 automotive vehicles for
            ground use in South Florida.
              (5) For each such fiscal year for operation and
            maintenance support for up to 10 United States Customs
            Service Citations Aircraft to be dedicated for the
            source and transit zone.
              (6) For purchase of non-intrusive inspection systems
            consistent with the United States Customs Service 5-
            year technology plan, including truck x-rays and gamma-
            imaging for drug interdiction purposes at high-threat
            seaports and land border ports of entry.
        (d) Department of Defense Report.--Not later than January
    31, 1999, the Secretary of Defense, in consultation with the
    Director of the Office of National Drug Control Policy, shall
    submit to Congress a report examining and proposing
    recommendations regarding any organizational changes to
    optimize counterdrug activities, including alternative cost-
    sharing arrangements regarding the following facilities:
              (1) The Joint Inter-Agency Task Force, East, Key
            West, Florida.
              (2) The Joint Inter-Agency Task Force, West, Alameda,
            California.
              (3) The Joint Inter-Agency Task Force, South, Panama
            City, Panama.
              (4) The Joint Task Force 6, El Paso, Texas.

    SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE
                        DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT
                        AGENCIES.

        (a) Authorization.--Funds are authorized to be appropriated
    for the development and purchase of computer software and
    hardware to facilitate direct communication between agencies
    that perform work relating to the interdiction of drugs at
    United States borders, including the United States Customs
    Service, the Border Patrol, the Federal Bureau of
    Investigation, the Drug Enforcement Agency, and the Immigration
    and Naturalization Service, in the total amount of $50,000,000.
        (b) Availability.--Funds authorized pursuant to the
    authorization of appropriations in subsection (a) shall remain
    available until expended.

    SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND
                        COUNTERDRUG ACTIVITIES.

        It is the sense of Congress that the Secretary of Defense
    should revise the Global Military Force Policy of the
    Department of Defense in order--
              (1) to treat the international drug interdiction and
            counter-drug activities of the Department as a military
            operation other than war, thereby elevating the
            priority given such activities under the Policy to the
            next priority below the priority given to war under the
            Policy and to the same priority as is given to
            peacekeeping operations under the Policy; and
              (2) to allocate the assets of the Department to drug
            interdiction and counter-drug activities in accordance
            with the priority given those activities.

                     Subtitle F--Relationship to Other Laws

    SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.

        The funds authorized to be appropriated for any department
    or agency of the Federal Government for fiscal years 1999,
    2000, or 2001 by this title are in addition to funds authorized
    to be appropriated for that department or agency for fiscal
    year 1999, 2000, or 2001 by any other provision of law.

                Subtitle G--Trafficking in Controlled Substances

    SEC. 871.\8\ SHORT TITLE.

        This subtitle may be cited as the ``Controlled Substances
    Trafficking Prohibition Act''.
    ---------------------------------------------------------------------------
        \8\ 21 U.S.C. 801 note.
    ---------------------------------------------------------------------------

    SEC. 872. LIMITATION.

        (a) Amendment.--Section 1006(a) of the Controlled
    Substances Import and Export Act (21 U.S.C. 956(a)) is
    amended--
              (1) by striking ``The Attorney General'' and
            inserting ``(1) Subject to paragraph (2), the Attorney
            General''; and
              (2) by adding at the end the following:
        ``(2) Notwithstanding any exemption under paragraph (1), a
    United States resident who enters the United States through an
    international land border with a controlled substance (except a
    substance in schedule I) for which the individual does not
    possess a valid prescription issued by a practitioner (as
    defined in section 102 of the Controlled Substances Act (21
    U.S.C. 802)) in accordance with applicable Federal and State
    law (or documentation that verifies the issuance of such a
    prescription to that individual) may not import the controlled
    substance into the United States in an amount that exceeds 50
    dosage units of the controlled substance.''.
        (b) \9\ Federal Minimum Requirement.--Section 1006(a)(2) of
    the Controlled Substances Import and Export Act, as added by
    subsection (a), is a minimum Federal requirement and shall not
    be construed to limit a State from imposing any additional
    requirement.
    ---------------------------------------------------------------------------
        \9\ 21 U.S.C. 956 note.
    ---------------------------------------------------------------------------
        (c) \9\ Extent.--The amendment made by subsection (a) shall
    not be construed to affect the jurisdiction of the Secretary of
    Health and Human Services under the Federal Food, Drug and
    Cosmetic Act (21 U.S.C. 301 et seq.).
          (2) International Narcotics Control Corrections Act of 1994

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

      AN ACT To amend the Foreign Assistance Act of 1961 to make certain
    corrections relating to international narcotics control activities, and
                              for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``International Narcotics
    Control Corrections Act of 1994''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                    TITLE I--INTERNATIONAL NARCOTICS CONTROL

              * * * * * * *

    SEC. 104.\2\ EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR
                        FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR
                        LAW ENFORCEMENT AGENCIES.

        (a) Exemption.--For fiscal year 1995, section 660 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply
    with respect to--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2420 note.
    ---------------------------------------------------------------------------
              (1) transfers of excess defense articles under
            section 517 of that Act (22 U.S.C. 2321k);
              (2) funds made available for the ``Foreign Military
            Financing Program'' under section 23 of the Arms Export
            Control Act (22 U.S.C. 2763) that are used for
            assistance provided for narcotics-related purposes; or
              (3) international military education and training
            under chapter 5 of part II of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2347 and following) that is
            provided for narcotics-related purposes.
        (b) Notification to Congress.--At least 15 days before any
    transfer under subsection (a)(1) or any obligation of funds
    under subsection (a)(2) or (a)(3), the President shall notify
    the appropriate congressional committees (as defined in section
    481(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2291(e)) in accordance with the procedures applicable to
    reprogramming notifications under section 634A of that Act (22
    U.S.C. 2394).
        (c) Coordination With International Narcotics Control
    Assistance Program.--Assistance provided pursuant to this
    section shall be coordinated with international narcotics
    control assistance under chapter 8 of part 1 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2291 et seq.).

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

        For fiscal year 1995, narcotics-related assistance under
    part I of the Foreign Assistance Act of 1961 may be provided
    notwithstanding any other provision of law that restricts
    assistance to foreign countries (other than section 490(e) of
    that Act (22 U.S.C. 2291j(e)) if, at least 15 days before
    obligating funds for such assistance, the President notifies
    the appropriate congressional committees (as defined in section
    481(e) of that Act (22 U.S.C. 2291(e)) in accordance with the
    procedures applicable to reprogramming notifications under
    section 634A of that Act (22 U.S.C. 2394).
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

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

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

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

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

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \6\ For title II, see Legislation on Foreign Relations Through
    2005, vol. II.
                (3) International Narcotics Control Act of 1990

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

      AN ACT To authorize international narcotics control activities for
                   fiscal year 1991, and for other purposes.

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

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

      (a) \1\ Short Title.--This Act may be cited as the
    ``International Narcotics Control Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
      (b) Table of Contents.--The table of contents for this Act is
    as follows:

                                                                        Page

    Sec. 1. Short title and table of contents.........................   378
    Sec. 2. Economic assistance and administration of justice programs
        for Andean countries..........................................   378
    Sec. 3. Military and law enforcement assistance for Andean
        countries.....................................................   379
    Sec. 4. General provisions relating to assistance for Andean
        countries.....................................................   382
    Sec. 5. International narcotics control assistance................   383
    Sec. 6. Assistance for agricultural and industrial alternatives to
        narcotics production..........................................   383
    Sec. 7. Exceptions to requirement that aircraft provided to
        foreign countries for narcotics control purposes be leased
        rather than sold..............................................   384
    Sec. 8. Number of members of United States Armed Forces in Andean
        countries.....................................................   384
    Sec. 9. Nonapplicability of certification procedures to certain
        major drug-transit countries..................................   384
    Sec. 10. Authority to transfer military assistance funds to
        economic programs.............................................   384
    Sec. 11. Extradition of United States citizens....................   384
    Sec. 12. Congressional review of narcotics-related assistance for
        Afghanistan...................................................   384
    Sec. 13. Training of foreign pilots...............................   384
    Sec. 14. Review of riverine program...............................   385
    Sec. 15. Uses of excess defense articles transferred to certain
        major illicit drug producing countries........................   385
    Sec. 16. Export-Import Bank financing for sales of defense
        articles and services.........................................   385
    Sec. 17. Debt-for-drugs exchanges.................................   385

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

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

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

      (a) Authorization of Appropriations.--In addition to amounts
    otherwise authorized to be appropriated, there are authorized
    to be appropriated $118,000,000 for fiscal year 1991 for
    assistance for Andean countries under the ``foreign military
    financing program'' account under section 23 of the Arms Export
    Control Act (22 U.S.C. 2763).
      (b) Purposes of Assistance.--Assistance under subsection (a)
    shall be designed to--
              (1) enhance the ability of the government of the
            recipient country to control illicit narcotics
            production and trafficking;
              (2) strengthen the bilateral ties of the United
            States with that government by offering concrete
            assistance in this area of great mutual concern;
              (3) strengthen respect for internationally recognized
            human rights and the rule of law in efforts to control
            illicit narcotics production and trafficking; and
              (4) assist the armed forces of the Andean countries
            in their support roles for those countries' law
            enforcement agencies, which are charged with the main
            responsibility for the control of illicit narcotics
            production and trafficking.
      (c) Conditions of Eligibility.--Assistance may be provided
    for an Andean country under subsection (a) only--
              (1) so long as that country has a democratic
            government; and
              (2) the government of that country, including the
            armed forces and law enforcement agencies, does not
            engage in a consistent pattern of gross violations of
            internationally recognized human rights (as defined in
            section 502B(d)(1) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2304(d)(1))).
      (d) Law Enforcement Training and Equipment.--Subject to
    subsection (e), funds made available to carry out subsection
    (a) may be used, notwithstanding section 660 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2420; relating to the
    prohibition on assistance to law enforcement agencies)--
              (1) to provide to law enforcement units, that are
            organized for the specific purpose of narcotics
            enforcement, education and training in the operation
            and maintenance of equipment used in narcotics control
            interdiction and eradication efforts;
              (2) for the expenses of deploying, upon the request
            of the Government of Bolivia, the Government of
            Colombia, or the Government of Peru, Department of
            Defense mobile training teams in that country to
            conduct training in military-related individual and
            collective skills that will enhance that country's
            ability to conduct tactical operations in narcotics
            interdiction; and
              (3) for the procurement of defense articles or
            commodities (as defined in section 644(c) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2403(c))) for
            use in narcotics control, eradication, and interdiction
            efforts by law enforcement units that are organized for
            the specific purpose of narcotics enforcement.
      (e) Military and Law Enforcement Assistance.--
              (1) Limitations on amounts.--The aggregate amount of
            military and law enforcement assistance provided for
            Bolivia, Colombia, and Peru for fiscal year 1991 may
            not exceed $250,000,000. Of that amount--
                      (A) not more than $175,000,000 may be
                    assistance for the armed forces; and
                      (B) not more than $175,000,000 may be
                    assistance for law enforcement units or
                    agencies.
              (2) Definition of military and law enforcement
            assistance.--For purposes of paragraph (1), the term
            ``amount of military and law enforcement assistance''
            means the sum of--
                      (A) the amount obligated for assistance under
                    the ``foreign military financing program''
                    account under section 23 of the Arms Export
                    Control Act (22 U.S.C. 2763);
                      (B) the amount obligated for assistance under
                    chapter 8 of part I of the Foreign Assistance
                    Act of 1961 (22 U.S.C. 2291 and following;
                    relating to international narcotics control
                    assistance);
                      (C) the amount obligated for assistance under
                    chapter 5 of part II of the Foreign Assistance
                    Act of 1961 (22 U.S.C. 2291 and following;
                    relating to international military education
                    and training);
                      (D) the value of defense articles, defense
                    services, and military education and training
                    made available under the special drawdown
                    authority of paragraphs (1) and (2) of section
                    506(a) of the Foreign Assistance Act of 1961
                    (22 U.S.C. 2318(a)); and
                      (E) the value of excess defense articles made
                    available under section 517 of the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2321k).
      (f) Limitations on Amount of Excess Defense Articles
    Transferred to Bolivia, Colombia, and Peru.--
              (1) Establishment of limit.--The aggregate
            acquisition cost to the United States of excess defense
            articles ordered by the President in fiscal year 1991
            for delivery to Bolivia, Colombia, and Peru under
            section 517 of the Foreign Assistance Act of 1961 (22
            U.S.C. 2321k) may not exceed $60,000,000.
              (2) Waiver of existing grant eda limitation.--The
            dollar limitation in section 517(e) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321k(e)) shall not
            apply with respect to Bolivia, Colombia, and Peru in
            fiscal year 1991.
              (3) Worldwide limitation on amount of excess defense
            articles transferred.--Section 31(d) of the Arms Export
            Control Act (22 U.S.C. 2771(d)) shall not apply to
            excess defense articles ordered for transfer to
            Bolivia, Colombia, or Peru under section 517 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2321k) in
            fiscal year 1991.
      (g) Assistance for Leasing of Aircraft.--
              (1) Use of funds.--For purposes of satisfying the
            requirement of section 484 of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2291c), funds made available
            under subsection (a) may be used to finance the leasing
            of aircraft under chapter 6 of the Arms Export Control
            Act.
              (2) Cost of leases.--Section 61(a)(3) of the Arms
            Export Control Act shall not apply with respect to
            leases so financed; rather the entire cost of any such
            lease (including any renewals) shall be an initial, one
            time payment of the amount which would be the sales
            price for the aircraft if they were sold under section
            21(a)(1)(B) or section 22 of that Act (as appropriate).
              (3) Reimbursement of sdaf.--To the extent that
            aircraft so leased were acquired under chapter 5 of the
            Arms Export Control Act, funds used pursuant to this
            subsection to finance such leases shall be credited to
            the Special Defense Acquisition Fund under chapter 5 of
            that Act (excluding the amount of funds that reflects
            the charges described in section 21(e)(1) of that Act).
            The funds described in the parenthetical clause of the
            preceding sentence shall be available for payments
            consistent with sections 37(a) and 43(b) of that Act.

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

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

    SEC. 5. INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    SEC. 14. REVIEW OF RIVERINE PROGRAM.

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

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

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

    SEC. 17. DEBT-FOR-DRUGS EXCHANGES.

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

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

                            AN ACT To control crime.

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

    SEC. 1.\1\ SHORT TITLE.

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

                        TITLE XXVI--LICIT OPIUM IMPORTS

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

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

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

      AN ACT To combat international narcotics production and trafficking.

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

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

        (a) Short Title.--This Act may be cited as the
    ``International Narcotics Control Act of 1989''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this Act
    is as follows:

                                                                        Page

    Sec. 1. Short title and table of contents.........................   389
    Sec. 2. Andean drug initiative....................................   389
    Sec. 3. Military and law enforcement assistance for Bolivia,
        Colombia, and Peru............................................   391
    Sec. 4. Acquisition by Special Defense Acquisition Fund of defense
        articles for narcotics control purposes.......................   393
    Sec. 5. Excess defense articles for certain major illicit drug
        producing countries...........................................   393
    Sec. 6. Waiver of Brooke-Alexander amendment for major coca
        producing countries...........................................   393
    Sec. 7. Mexico....................................................   393
    Sec. 8. Nonapplicability of certification procedures to certain
        major drug-transit countries..................................   395
    Sec. 9. Coordination of United States trade policy and narcotics
        control objectives............................................   396
    Sec. 10. Debt-for-drugs exchanges.................................   396
    Sec. 11. Multilateral antinarcotics strike force..................   396
    Sec. 12. Weapons transfers to international narcotics traffickers.   397
    Sec. 13. Rewards for information concerning acts of international
        terrorism.....................................................   397
    Sec. 14. Waiver of Bumpers Amendment..............................   398
    Sec. 15. Participation in foreign police actions..................   398
    Sec. 16. Authorization of appropriations for international
        narcotics control assistance..................................   398
    Sec. 17. Revisions of certain narcotics-related provisions of the
        Foreign Assistance Act........................................   398

    SEC. 2. ANDEAN DRUG INITIATIVE.

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

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

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

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

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

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

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

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

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

    SEC. 7. MEXICO.

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

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

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

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

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

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

        (a) Authority.--The President may release Bolivia,
    Colombia, or Peru from its obligation to make payments to the
    United States Government of principal and interest on account
    of a loan made to that country under the Foreign Assistance Act
    of 1961 (22 U.S.C. 2151 and following; relating to foreign
    assistance programs) or credits extended for that country under
    section 23 of the Arms Export Control Act (22 U.S.C. 2763;
    relating to foreign military sales credits) if the President
    determines that that country is implementing programs to reduce
    the flow of cocaine to the United State in accordance with a
    formal bilateral or multilateral agreement, to which the United
    States is a party, that contains specific, quantitative and
    qualitative, performance criteria with respect to those
    programs.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
        (b) Congressional Review of Agreements.--The President
    shall submit any such agreement with Bolivia, Colombia, or Peru
    to the Committee on Foreign Affairs \9\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate at least 15 days before exercising the authority of
    section (a) with respect to that country.
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (c) Coordination with Multilateral Debt Relief
    Activities.--The authority provided in subsection (a) shall be
    exercised in coordination with multilateral debt relief
    activities.
        (d) Effective Date.--Subsection (a) takes effect on October
    1, 1990.

    SEC. 11. MULTILATERAL ANTINARCOTICS STRIKE FORCE.

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

    SEC. 12. WEAPONS TRANSFERS TO INTERNATIONAL NARCOTICS TRAFFICKERS.

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

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

        (a) Amendment.--Subject to subsection (b), section 36(c) of
    the State Department Basic Authorities Act of 1956 (22 U.S.C.
    2708(c)) is amended by striking out ``$500,000'' and inserting
    in lieu thereof ``$2,000,000''.
        (b) Avoiding Duplicative Amendments.--If the Foreign
    Relations Authorization Act, Fiscal Years 1990 and 1991, is
    enacted before this Act, and that Act makes the same amendment
    as is described in subsection (a), then subsection (a) shall
    not take effect, If, however, this Act is enacted before the
    Foreign Relations Authorization Act, Fiscal Years 1990 and
    1991, and that Act would make the same amendment as is made by
    subsection (a), then that amendment as proposed to be made by
    that Act shall not take effect.\10\
    ---------------------------------------------------------------------------
        \10\ The Foreign Relations Authorization Act, Fiscal Years 1990 and
    1991 (Public Law 101-246; 104 Stat. 15), was enacted on February 16,
    1990. See sec. 1001 in Legislation on Foreign Relations Through 2005,
    vol. II, sec. D.
    ---------------------------------------------------------------------------

    SEC. 14. WAIVER OF BUMPERS AMENDMENT.

        (a) Assistance for Crop Substitution Activities.--During
    fiscal year 1990, the provisions described in subsection (b) do
    not apply with respect to assistance for crop substitution
    activities undertaken in furtherance of narcotics control
    objectives.
        (b) Bumpers Amendment.--The provisions made inapplicable by
    subsection (a) are any provisions of the annual Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act that prohibit the use of funds made
    available to carry out part I of the Foreign Assistance Act of
    1961 for activities in connection with the growth or production
    in a foreign country of an agricultural commodity for export
    which would compete with a similar commodity grown or produced
    in the United States.

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

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

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

    ---------------------------------------------------------------------------
        \11\ Sec. 15 amended sec. 481(c) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2291(c)).
        \12\ Sec. 16 amended sec. 482(a)(1) of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2292(a)(1)).
        \13\ Sec. 17 extensively amended sec. 481 of the Foreign Assistance
    Act of 1961. Sec. 17(h) made conforming amendments to secs. 802 and 805
    of the Narcotics Control Trade Act. For text, see Legislation on
    Foreign Relations Through 2005, vol. III.
                (6) International Narcotics Control Act of 1988

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

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

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

                               Note.--Sec. 6(e)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat.

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

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

     AN ACT To prevent the manufacturing, distribution, and use of illegal
                         drugs, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Anti-Drug Abuse Act of
    1988''.
    ---------------------------------------------------------------------------
        \1\ 21 U.S.C. 1501 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                   TITLE IV--INTERNATIONAL NARCOTICS CONTROL

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

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

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

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

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

                               Note.--Sec. 6(e)(2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat.

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

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

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

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

    SEC. 1.\1\ SHORT TITLE.

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

                   TITLE II--INTERNATIONAL NARCOTICS CONTROL

    SEC. 2001.\2\ SHORT TITLE.

        This title may be cited as the ``International Narcotics
    Control Act of 1986''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2018.\3\ MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG
                        ERADICATION AND CROP SUBSTITUTION PROGRAMS.

        (a) MDB Assistance for Development and Implementation of
    Drug Eradication Program.--The Secretary of the Treasury shall
    instruct the United States Executive Directors of the
    multilateral development banks to initiate discussions with
    other Directors of their respective banks and to propose that
    all possible assistance be provided to each major illicit drug
    producing country for the development and implementation of a
    drug eradication program, including technical assistance,
    assistance in conducting feasibility studies and economic
    analyses, and assistance for alternate economic activities.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2291 note.
    ---------------------------------------------------------------------------
        (b) Increases in Multilateral Development Bank Lending for
    Crop Substitution Projects.--The Secretary of the Treasury
    shall instruct the United States Executive Directors of the
    multilateral development banks to initiate discussions with
    other Directors of their respective banks and to propose that
    each such bank increase the amount of lending by such bank for
    crop substitution programs which will provide an economic
    alternative for the cultivation or production of illicit
    narcotic drugs or other controlled substances in major illicit
    drug producing countries, to the extent such countries develop
    and maintain adequate drug eradication programs.
        (c) National Advisory Council Report.--The Secretary of the
    Treasury shall include in the annual report to the Congress by
    the National Advisory Council on International Monetary and
    Financial Policies a detailed accounting of the manner in which
    and the extent to which the provisions of this section have
    been carried out.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 407(b) and (c) of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2504) required the
    Secretary of the Treasury to include in this report a discussion of any
    multilateral development bank evaluation of those countries determined
    to be ``major producers, processors, traffickers, or exporters of
    illegal drugs to the United States'' applying for loans to reduce their
    debt and debt burden.
    ---------------------------------------------------------------------------
        (d) Definitions.--For purposes of this section--
              (1) Multilateral development bank.--The term
            ``multilateral development bank'' means the
            International Bank for Reconstruction and Development,
            the International Development Association, the Inter-
            American Development Bank, the African Development
            Bank, and the Asian Development Bank.
              (2) Major illicit drug producing country.--The term
            ``major illicit drug producing country'' has the
            meaning provided in section 481(i)(2) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 229(i)(2)).
              (3) Narcotic drug and controlled substance.--The
            terms ``narcotic drug'' and ``controlled substance''
            have the meanings given to such terms in section 102 of
            the Controlled Substances Act (21 U.S.C. 802).
     (8) Export-Import Bank Act of 1945, as amended--Provisions Governing
               Foreign Assistance Act Funds In Counter-Narcotics

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

     AN ACT To provide for increasing the lending authority of the Export-
           Import Bank of the United States, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Export-Import Bank Act of 1945.''
        Sec. 2.\1\ (a)(1) There is hereby created a corporation
    with the name Export-Import Bank of the United States which
    shall be an agency of the United States of America. * * *
    ---------------------------------------------------------------------------
        \1\ 12 U.S.C. 635. For full text of this Act, see Legislation on
    Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
        (b) * * *
              * * * * * * *
        (6)(A) The Bank shall not guarantee, insure, or extend
    credit, or participate in an extension of credit in connection
    with any credit sale of defense articles and defense services
    to any country.
        (B) Subparagraph (A) shall not apply to any sale of defense
    articles or services if--
              (i) the Bank is requested to provide a guarantee or
            insurance for the sale;
              (ii) the President determines that the defense
            articles or services are being sold primarily for anti-
            narcotics purposes;
              (iii) section 490(e) of the Foreign Assistance Act of
            1961 does not apply with respect to the purchasing
            country; and
              (iv) the President determines, in accordance with
            subparagraph (C), that the sale is in the national
            interest of the United States; and
              (v) the Bank determines that, notwithstanding the
            provision of a guarantee or insurance for the sale, not
            more than 5 percent of the guarantee and insurance
            authority available to the Bank in any fiscal year will
            be used by the Bank to support the sale of defense
            articles or services.
        (C) In determining whether a sale of defense articles or
    services would be in the national interest of the United
    States, the President shall take into account whether the sale
    would--
              (i) be consistent with the anti-narcotics policy of
            the United States;
              (ii) involve the end use of a defense article or
            service in a major illicit drug producing or major
            drug-transit country (as defined in section 481(e) of
            the Foreign Assistance Act of 1961); and
              (iii) be made to a country with a democratic form of
            government.
              * * * * * * *
                       (9) National Drug Control Program

    Executive Order 12880, November 16, 1993, 58 F.R. 60989, 21 U.S.C. 1701
      note; amended by Executive Order 13008, June 3, 1996, 61 F.R. 28721

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

     Executive Order 12992, March 15, 1996, 61 F.R. 11287, 21 U.S.C. 1701
       note; amended by Executive Order 13023, November 6, 1996, 61 F.R.
      57767; and by Executive Order 13284, January 23, 2003, 68 F.R. 4075

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code, it is
    hereby ordered as follows:
        Section 1. Establishment. There is established the
    President's Drug Policy Council (``Council'').\1\
    ---------------------------------------------------------------------------
        \1\ Executive Order 13023 (November 6, 1996; 61 F.R. 57767) renamed
    the council from ``President's Council on Counter-Narcotics''.
    ---------------------------------------------------------------------------
        Sec. 2.\2\ Membership. The Council shall comprise the:
    ---------------------------------------------------------------------------
        \2\ Sec. 3 of Executive Order 13023 (November 6, 1996; 61 F.R.
    57767) amended and restated sec. 2.
    ---------------------------------------------------------------------------
              (a) President, who shall serve as Chairman of the
            Council;
              (b) Vice-President;
              (c) Secretary of State;
              (d) Secretary of the Treasury;
              (e) Secretary of Defense;
              (f) Attorney General;
              (g) Secretary of the Interior;
              (h) Secretary of Agriculture;
              (i) Secretary of Health and Human Services;
              (j) Secretary of Housing and Urban Development;
              (k) Secretary of Transportation;
              (l) Secretary of Education;
              (m) Secretary of Veterans Affairs;
              (n) \3\ Secretary of Homeland Security;
    ---------------------------------------------------------------------------
        \3\ Sec. 8 of Executive Order 13284 (January 23, 2003; 68 F.R.
    4076) inserted subsec. (n), and relettered previous subsec. (n) and
    those that follow.
    ---------------------------------------------------------------------------
              (o) Representative of the United States of America to
            the United Nations;
              (p) Director of the Office of Management and Budget;
              (q) Chief of Staff to the President;
              (r) Director of National Drug Control Policy;
              (s) Director of Central Intelligence;
              (t) Assistant to the President for National Security
            Affairs;
              (u) Counsel to the President;
              (v) Chairman, Joint Chiefs of Staff;
              (w) National Security Advisor to the Vice President;
            and
              (x) Assistant to the President for Domestic Policy.
        As applicable, the Council shall also comprise such other
    officials of the departments and agencies as the President may,
    from time to time, designate.
        Sec. 3. Meetings of the Council. The President, or upon his
    direction, the Vice President, may convene meetings of the
    Council. The President shall preside over meetings of the
    Council, provided that in his absence, the Vice President will
    preside. The Council will meet at least quarterly.
        Sec. 4. Functions. (a) The functions of the Council are to
    advise and assist the President in: (1) providing direction and
    oversight for the national drug control strategy, including
    relating drug control policy to other national security
    interests and establishing priorities; and (2) ensuring
    coordination among departments and agencies concerning
    implementation of the President's national drug control
    strategy.
        (b) The Director of National Drug Control Policy will
    continue to be the senior drug control policy official in the
    executive branch and the President's chief drug control policy
    spokesman.
        (c) In matters affecting national security interests, the
    Director of National Drug Control Policy shall work in
    conjunction with the Assistant to the President for National
    Security Affairs.
        Sec. 5. Administration. (a) The Council may utilize
    established or ad hoc committees, task forces, or interagency
    groups chaired by the Director of National Drug Control Policy
    or his representative, in carrying out its functions under this
    order.
        (b) The staff of the Office of National Drug Control
    Policy, in coordination with the staffs of the Vice President
    and the Assistant to the President for National Security
    Affairs, shall act as staff for the Council.
        (c) All executive departments and agencies shall cooperate
    with the Council and provide such assistance, information, and
    advice as the Council may request, to the extent permitted by
    law.
               i. Security Assistance and Arms Sales Legislation

                      (1) Security Assistance Act of 2002

    Division B of Public Law 107-228 [Foreign Relations Authorization Act,
     2003; H.R. 1646], 116 Stat. 1350 at 1425, approved September 30, 2002

      AN ACT to authorize appropriations for the Department of State for
      fiscal year 2003, to authorize appropriations under the Arms Export
        Control Act and the Foreign Assistance Act of 1961 for security
            assistance for fiscal year 2003, and for other purposes.

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

                  DIVISION B--SECURITY ASSISTANCE ACT OF 2002

                          TITLE X--GENERAL PROVISIONS

    SEC. 1001.\1\ SHORT TITLE.

        This division may be cited as the ``Security Assistance Act
    of 2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 1002.\1\ DEFINITIONS.

        In this division:
              (1) Defense article.--The term ``defense article''
            has the meaning given the term in section 47(3) of the
            Arms Export Control Act (22 U.S.C. 2794 note).
              (2) Defense service.--The term ``defense service''
            has the meaning given the term in section 47(4) of the
            Arms Export Control Act (22 U.S.C. 2794 note).
              (3) Excess defense article.--The term ``excess
            defense article'' has the meaning given the term in
            section 644(g) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2403(g)).

    TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS

    SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.

        (a) In General.--Of the amount authorized to be
    appropriated by section 111(a)(1)(A), $14,000,000 is authorized
    to be available for the Bureau of Verification and Compliance
    of the Department of State for Bureau-administered activities,
    including the Key Verification Assets Fund and to upgrade
    Bureau spaces for certification as a Sensitive Compartmented
    Information Facility (SCIF).
        (b) Additional Personnel.--In addition to the amount made
    available under subsection (a), $1,800,000 is authorized to be
    available for the fiscal year 2003 from the Department's
    American Salaries Account, for the purpose of hiring new
    personnel to carry out the Bureau's responsibilities, as set
    forth in section 112 of the Arms Export Control and
    Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
    into law by section 1000(a)(7) of Public Law 106-113, including
    the assignment of one full-time person to the Bureau to manage
    the document control, tracking, and printing requirements of
    the Bureau's operation in a SCIF.

    SEC. 1102. KEY VERIFICATION ASSETS FUND.

        Of the total amount made available to the Department for
    fiscal year 2003, $7,000,000 is authorized to be available
    within the Verification and Compliance Bureau's account to
    carry out section 1111 of the Arms Control and Nonproliferation
    Act of 1999 (113 Stat. 1501A-486), as enacted into law by
    section 1000(a)(7) of Public Law 106-113.

    SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.

        Section 403(a) of the Arms Control and Disarmament Act (22
    U.S.C. 2593a(a)) is amended * * * \2\
    ---------------------------------------------------------------------------
        \2\ For the Arms Control and Disarmament Act, see Legislation on
    Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

                   TITLE XII--MILITARY AND RELATED ASSISTANCE

          Subtitle A--Foreign Military Sales and Financing Authorities

    SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated to the President for
    grant assistance under section 23 of the Arms Export Control
    Act (22 U.S.C. 2763) and for the subsidy cost, as defined in
    section 502(5) of the Federal Credit Reform Act of 1990, of
    direct loans under such section $4,107,200,000 for fiscal year
    2003.

    SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
                        NONPROLIFERATION INTERESTS. * * * \3\
    ---------------------------------------------------------------------------

        \3\ Secs. 1202 through 1205 amend the Arms Export Control Act and
    the Foreign Assistance Act of 1961. See Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES. * * * \3\

    SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
                        COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR
                        ACTS OF INTERNATIONAL TERRORISM. * * * \3\

    SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
                        LICENSE APPROVALS; REPORTS.

        (a)-(c) * * * \3\
        (d) Report on Arms Brokering.--Not later than June 30,
    2003, the Secretary shall submit a report to the appropriate
    congressional committees on activities of registered arms
    brokers, which shall discuss--
              (1) the role of such brokers in the United States and
            other countries;
              (2) United States law, regulations, and policy
            regarding arms brokers;
              (3) violations of the Arms Export Control Act;
              (4) United States resources and personnel devoted to
            the monitoring of arms brokers;
              (5) any needed changes in law, regulation, policy, or
            resources; and
              (6) any implications for the regulation of arms
            brokers in other countries.

    SEC. 1206.\4\ TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE
                        ARTICLES AND DEFENSE SERVICES.

        Notwithstanding any other provision of law, for purposes of
    the transfer or possible transfer of defense articles or
    defense services under the Arms Export Control Act (22 U.S.C.
    2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C.
    2151 et seq.), or any other provision of law, Taiwan shall be
    treated as though it were designated a major non-NATO ally (as
    defined in section 644(q) of the Foreign Assistance Act of 1961
    (22 U.S.C. 2403(q)).
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2321k note.
    ---------------------------------------------------------------------------

           Subtitle B--International Military Education and Training

    SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated to the President
    $85,000,000 for fiscal year 2003 to carry out chapter 5 of part
    II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
    seq.; relating to international military education and
    training).

    SEC. 1212. HUMAN RIGHTS VIOLATIONS.

        (a) Annual Report.--Chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by
    adding at the end the following new section: * * * \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 1212(a) added a new sec. 549 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2347h), relating to human rights reporting.
    ---------------------------------------------------------------------------
        (b) Records Regarding Foreign Participants.--Section 548 of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is
    amended--* * *

    SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING TRAINING AND
                        TACTICAL LEADERSHIP PROGRAMS.

        Section 544 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2347c) is amended by adding at the end the following new
    subsection: * * *

                  Subtitle C--Assistance for Select Countries

    SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.

        (a) Authorization of Appropriations for Israel.--Section
    513 of the Security Assistance Act of 2000 (Public Law 106-280)
    is amended--* * * \6\
    ---------------------------------------------------------------------------
        \6\ For amended text, see pages 454, 456.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations for Egypt.--Section 514
    of the Security Assistance Act of 2000 (Public Law 106-280) is
    amended--* * * \6\

    SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.

        (a) In General.--Of the amount made available for the
    fiscal year 2003 to carry out chapter 5 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
              (1) $1,120,000 for fiscal year 2003 is authorized to
            be available for Greece; and
              (2) $2,800,000 for fiscal year 2003 is authorized to
            be available for Turkey.
        (b) Use for Professional Military Education.--Of the
    amounts available under paragraphs (1) and (2) of subsection
    (a) for fiscal year 2003, $500,000 of each such amount should
    be available for purposes of professional military education.
        (c) Use for Joint Training.--It is the sense of Congress
    that, to the maximum extent practicable, amounts available
    under subsection (a) that are used in accordance with
    subsection (b) should be used for joint training of Greek and
    Turkish officers.
        (d) Repeal.--Effective October 1, 2002, section 512 of the
    Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
    856) is repealed.

    SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.

        (a) FMF for Certain Other Countries.--Of the total amount
    made available for the fiscal year 2003 under section 23 of the
    Arms Export Control Act (22 U.S.C. 2763), the following amounts
    are authorized to be available on a grant basis for the
    following countries:
              (1) The baltic states.--For all of the Baltic states
            of Estonia, Latvia, and Lithuania, $22,000,000.
              (2) Bulgaria.--For Bulgaria, $11,000,000.
              (3) The czech republic.--For the Czech Republic,
            $11,000,000.
              (4) Georgia.--For Georgia, $7,000,000.
              (5) Hungary.--For Hungary, $11,000,000.
              (6) Jordan.--For Jordan, $198,000,000.
              (7) Malta.--For Malta, $1,150,000.
              (8) The philippines.--For the Philippines,
            $25,000,000.
              (9) Poland.--For Poland, $16,000,000.
              (10) Romania.--For Romania, $12,000,000.
              (11) Slovakia.-- For Slovakia, $9,000,000.
              (12) Slovenia.--For Slovenia, $5,000,000.
        (b) IMET.--Of the amount made available for the fiscal year
    2003 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.), the following
    amounts are authorized to be available for the following
    countries:
              (1) The baltic states.--For all of the Baltic states
            of Estonia, Latvia, and Lithuania, $3,300,000.
              (2) Bulgaria.--For Bulgaria, $1,370,000.
              (3) The czech republic.--For the Czech Republic,
            $1,900,000.
              (4) Georgia.--For Georgia, $1,200,000.
              (5) Hungary.--For Hungary, $1,900,000.
              (6) Jordan.--For Jordan, $4,000,000.
              (7) Malta.--For Malta, $350,000.
              (8) The philippines.--For the Philippines,
            $2,000,000.
              (9) Poland.--For Poland, $2,000,000.
              (10) Romania.--For Romania, $1,500,000.
              (11) Slovakia.--For Slovakia, $950,000.
              (12) Slovenia.--For Slovenia, $950,000.
        (c) Repeals.--Sections 511 (a) and (b) and 515 of the
    Security Assistance Act of 2000 are repealed.

    SEC. 1224.\7\ ASSISTANCE TO LEBANON.

        (a) Prohibition.--Notwithstanding any other provision of
    law, $10,000,000 of the amounts made available for fiscal year
    2003 or any subsequent fiscal year that are allocated for
    assistance to Lebanon under chapter 4 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
    economic support fund) may not be obligated unless and until
    the President certifies to the appropriate congressional
    committees that--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2346 note.
    ---------------------------------------------------------------------------
              (1) the armed forces of Lebanon have been deployed to
            the internationally recognized border between Lebanon
            and Israel; and
              (2) the Government of Lebanon is effectively
            asserting its authority in the area in which such armed
            forces have been deployed.
        (b) Requirement Relating to Funds Withheld.--
    Notwithstanding any other provision of law, any funds withheld
    pursuant to subsection (a) may not be programmed in order to be
    used for a purpose other than for assistance to Lebanon until
    the last month of the fiscal year in which the authority to
    obligate such funds lapses.

          Subtitle D--Excess Defense Article and Drawdown Authorities

    SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.

        (a) Authority.--Notwithstanding section 516(e) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the
    fiscal year 2003 funds available to the Department of Defense
    may be expended for crating, packing, handling, and
    transportation of excess defense articles transferred under the
    authority of section 516 of such Act to Albania, Bulgaria,
    Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
    Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
    Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
    Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
        (b) Sense of Congress.--It is the sense of Congress that
    the authority provided under this section should be utilized
    only for those countries demonstrating a genuine commitment to
    democracy and human rights.

    SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.

        Section 25(a) of the Arms Export Control Act (22 U.S.C.
    2765(a)) is amended--* * *

    SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
                        INTERNATIONAL ORGANIZATIONS.

        Section 61(b) of the Arms Export Control Act (22 U.S.C.
    2796(b)), is amended--* * *

    SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE
                        ARTICLES.

        Section 516(c)(2) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2321j(c)(2)) is amended * * *

                Subtitle E--Other Political-Military Assistance

    SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.

        Of the funds authorized to be appropriated to the President
    for fiscal year 2003 to carry out chapters 1 and 10 of part I
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
    relating to development assistance, up to $10,000,000 is
    authorized to be made available for the destruction of surplus
    stockpiles of small arms, light weapons, and other munitions.

                      Subtitle F--Antiterrorism Assistance

    SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.

        Section 574(a) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2349aa-4(a)) is amended by striking ``and $73,000,000
    for fiscal year 2002'' and inserting ``, $73,000,000 for fiscal
    year 2002, and $64,200,000 for fiscal year 2003''.

                           Subtitle G--Other Matters

    SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR
                        ALLIES.

        Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2321h(b)(2)) is amended to read as follows: * * *

    SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.

        (a) Exception for Certain Countries.--Section 656(a) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
    * * *
        (b) Annual Military Assistance Reports.--Section 655 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended--* *
    *
        (c) Quarterly Reports on Government-To-Government Arms
    Exports.--Section 36(a) of the Arms Export Control Act (22
    U.S.C. 2776(a)) is amended--* * *

    SEC. 1263.\8\ CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.

        Beginning 180 days after the date of enactment of this Act,
    and every 180 days thereafter, the President shall provide
    detailed briefings to and consult with the appropriate
    congressional committees regarding the United States security
    assistance to Taiwan, including the provision of defense
    articles and defense services.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 3302 note.
    ---------------------------------------------------------------------------

    TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

                         Subtitle A--General Provisions

    SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization.--Section 585 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2349bb-4) is amended--* * *
        (b) Suballocations.--Of the amount authorized to be
    appropriated to the President for fiscal year 2003 by section
    585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
    4)--
              (1) $2,000,000 is authorized to be available for such
            fiscal year for the purpose of carrying out section 584
            of the Foreign Assistance Act of 1961, as added by
            section 1303 of this Act; and
              (2) $65,000,000 for fiscal year 2003 are authorized
            to be available for science and technology centers in
            the independent states of the former Soviet Union.
        (c) Conforming Amendment.--Section 302 of the Security
    Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
    repealed.
        (d) Further Authorization.--There is authorized to be
    appropriated under ``Nonproliferation, Anti-terrorism,
    Demining, and Related Programs'' $382,400,000 for fiscal year
    2003.

    SEC. 1302.\9\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
                        FRIENDLY FOREIGN COUNTRIES.

        (a) In General.--For the purpose of enhancing the
    nonproliferation and export control capabilities of friendly
    countries, of the amount authorized to be appropriated for
    fiscal year 2003 by section 585 of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
    to make available--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2349bb note.
    ---------------------------------------------------------------------------
              (1) $5,000,000 for the procurement and provision of
            nuclear, chemical, and biological detection systems,
            including spectroscopic and pulse echo technologies;
            and
              (2) $10,000,000 for the procurement and provision of
            x-ray systems capable of imaging sea-cargo containers.
        (b) Reports on Training Program.--
              (1) Initial report.--Not later than March 31, 2003,
            the Secretary shall submit a report to the appropriate
            congressional committees setting forth his plans and
            budget for a multiyear training program to train
            foreign personnel in the utilization of the systems
            described in subsection (a).
              (2) Subsequent reports.--Not later than March 31,
            2004, and annually thereafter for the next three years,
            the Secretary shall submit a report to the appropriate
            congressional committees describing the progress,
            current status, and budget of that training program and
            of the provision of those systems.

    SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.

        Chapter 9 of part II of the Foreign Assistance Act of 1961
    (22 U.S.C. 2349bb et seq.) is amended--
              (1) by redesignating sections 584 and 585 as sections
            585 and 586, respectively; and
              (2) by inserting after section 583 the following:
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2349bb-2a note.
    ---------------------------------------------------------------------------

    ``SEC. 584.\10\ INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
                        * * *''.

    SEC. 1304. RELOCATION OF SCIENTISTS.

        (a) Reinstatement of Classification Authority.--Section 4
    of the Soviet Scientists Immigration Act of 1992 (Public Law
    102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by
    striking subsection (d) and inserting the following: * * * \11\
    ---------------------------------------------------------------------------
        \11\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
        (b) Limitation on Number of Scientists Eligible for Visas
    Under Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note)
    is amended * * *
        (c) Limitation on Eligibility.--Section 4(a) of that Act (8
    U.S.C. 1153 note) is amended by adding at the end the following
    new sentence: * * *
        (d) \12\ Consultation Requirement.--The Attorney General
    shall consult with the Secretary, the Secretary of Defense, the
    Secretary of Energy, and the heads of other appropriate
    agencies of the United States regarding--
    ---------------------------------------------------------------------------
        \12\ 8 U.S.C. 1153 note.
    ---------------------------------------------------------------------------
              (1) previous experience in implementing the Soviet
            Scientists Immigration Act of 1992; and
              (2) any changes that those officials would recommend
            in the regulations prescribed under that Act.

    SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
                        ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.

        (a) Findings.--Congress makes the following findings:
              (1) The Department has concluded that the
            International Atomic Energy Agency (in this section
            referred to as the ``IAEA'') is a critical and
            effective instrument for verifying compliance with
            international nuclear nonproliferation agreements, and
            that it serves as an essential barrier to the spread of
            nuclear weapons.
              (2) The IAEA furthers United States national security
            objectives by helping to prevent the proliferation of
            nuclear weapons material, especially through its work
            on effective verification and safeguards measures.
              (3) The IAEA can also perform a critical role in
            monitoring and verifying aspects of nuclear weapons
            reduction agreements between nuclear weapons states.
              (4) The IAEA has adopted a multifaceted action plan,
            to be funded by voluntary contributions, to address the
            threats posed by radioactive sources that could be used
            in a radiological weapon and will be the leading
            international agency in this effort.
              (5) As the IAEA has negotiated and developed more
            effective verification and safeguards measures, it has
            experienced significant real growth in its mission,
            especially in the vital area of nuclear safeguards
            inspections.
              (6) Nearly two decades of zero budget growth have
            affected the ability of the IAEA to carry out its
            mission and to hire and retain the most qualified
            inspectors and managers, as evidenced in the decreasing
            proportion of such personnel who hold doctorate
            degrees.
              (7) Increased voluntary contributions by the United
            States will be needed if the IAEA is to increase its
            safeguards activities and also to implement its action
            plan to address the worldwide risks posed by lost or
            poorly secured radioactive sources.
              (8) Although voluntary contributions by the United
            States lessen the IAEA's budgetary constraints, they
            cannot readily be used for the long-term capital
            investments or permanent staff increases necessary to
            an effective IAEA safeguards regime.
              (9) The recent United States decision to accept a 25
            percent IAEA regular budget assessment was based upon a
            correct interpretation of existing law. It was not the
            intent of Congress that the United States contributions
            to all United Nations-related organizations and
            activities be reduced pursuant to the Admiral James W.
            Nance and Meg Donovan Foreign Relations Authorization
            Act, Fiscal Years 2000 and 2001 (as enacted into law by
            section 1000(a)(7) of Public Law 106-113; 113 Stat.
            1501A-405 et seq.), which sets 22 percent assessment
            rates as benchmarks for the general United Nations
            budget, the Food and Agricultural Organization, the
            World Health Organization, and the International Labor
            Organization. Rather, contributions for an important
            and effective agency such as the IAEA should be
            maintained at levels commensurate with the criticality
            of its mission.
              (10) The Secretary should negotiate a gradual and
            sustained increase in the regular budget of the
            International Atomic Energy Agency, which should begin
            with the 2004 budget.
        (b) Authorization of Appropriations.--Of the funds
    authorized to be appropriated for Nonproliferation, Anti-
    terrorism, Demining, and Related Programs there is authorized
    to be appropriated $60,000,000 for fiscal year 2003 for a
    United States voluntary contribution to the International
    Atomic Energy Agency, including for the purpose of implementing
    the Protection Against Nuclear Terrorism program adopted by the
    International Atomic Energy Agency Board of Governors in March
    2002.
        (a) Reports on Proliferation to Iran.--Section 2 of the
    Iran Nonproliferation Act of 2000 (Public Law 106-178; 114
    Stat. 39; 50 U.S.C. 1701 note) is amended * * *
    ---------------------------------------------------------------------------
        \13\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
        (b) Determination Exempting Foreign Persons From Certain
    Measures Under the Act.--Section 5(a)(2) of such Act is amended
    * * *

    SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF
                        1999.\14\

        (a) Restrictions.--Section 822(a) of the North Korea Threat
    Reduction Act of 1999 (subtitle B of title VIII of division A
    of H.R. 3427, as enacted into law by section 1000(a)(7) of
    Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
    * * *
    ---------------------------------------------------------------------------
        \14\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
        (b) Specified Nuclear Item Defined.--Section 823 of the
    North Korea Threat Reduction Act of 1999 is amended * * *

    SEC. 1308.\15\ ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
                        ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
                        CHEMICAL, AND RADIOLOGICAL WEAPONS.

        (a) Report.--Not later than March 1, 2003, and annually
    thereafter, the President shall transmit to the designated
    congressional committees an annual report on the transfer by
    any country of weapons, technology, components, or materials
    that can be used to deliver, manufacture (including research
    and experimentation), or weaponize nuclear, biological,
    chemical or radiological weapons (in this section referred to
    as ``NBC weapons'') to any country other than a country
    referred to in subsection (d) that is seeking to possess or
    otherwise acquire such weapons, technology, or materials, or
    other system that the Secretary or the Secretary of Defense has
    reason to believe could be used to develop, acquire, or deliver
    NBC weapons.
    ---------------------------------------------------------------------------
        \15\ 50 U.S.C. 2368.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--Each such report shall
    include--
              (1) the transfer of all aircraft, cruise missiles,
            artillery weapons, unguided rockets and multiple rocket
            systems, and related bombs, shells, warheads and other
            weaponization technology and materials that the
            Secretary or the Secretary of Defense has reason to
            believe may be intended for the delivery of NBC
            weapons;
              (2) international transfers of MTCR equipment or
            technology to any country that is seeking to acquire
            such equipment or any other system that the Secretary
            or the Secretary of Defense has reason to believe may
            be used to deliver NBC weapons; and
              (3) the transfer of technology, test equipment,
            radioactive materials, feedstocks and cultures, and all
            other specialized materials that the Secretary or the
            Secretary of Defense has reason to believe could be
            used to manufacture NBC weapons.
        (c) Content of Report.--Each such report shall include the
    following with respect to preceding calendar year:
              (1) The status of missile, aircraft, and other NBC
            weapons delivery and weaponization programs in any such
            country, including efforts by such country or by any
            subnational group to acquire MTCR-controlled equipment,
            NBC-capable aircraft, or any other weapon or major
            weapon component which may be utilized in the delivery
            of NBC weapons, whose primary use is the delivery of
            NBC weapons, or that the Secretary or the Secretary of
            Defense has reason to believe could be used to deliver
            NBC weapons.
              (2) The status of NBC weapons development,
            acquisition, manufacture, stockpiling, and deployment
            programs in any such country, including efforts by such
            country or by any subnational group to acquire
            essential test equipment, manufacturing equipment and
            technology, weaponization equipment and technology, and
            radioactive material, feedstocks or components of
            feedstocks, and biological cultures and toxins.
              (3) A description of assistance provided by any
            person or government, after the date of the enactment
            of this Act, to any such country or subnational group
            in the acquisition or development of--
                      (A) NBC weapons;
                      (B) missile systems, as defined in the MTCR
                    or that the Secretary or the Secretary of
                    Defense has reason to believe may be used to
                    deliver NBC weapons; and
                      (C) aircraft and other delivery systems and
                    weapons that the Secretary or the Secretary of
                    Defense has reason to believe could be used to
                    deliver NBC weapons.
              (4) A listing of those persons and countries that
            continue to provide such equipment or technology
            described in paragraph (3) to any country or
            subnational group as of the date of submission of the
            report, including the extent to which foreign persons
            and countries were found to have knowingly and
            materially assisted such programs.
              (5) A description of the use of, or substantial
            preparations to use, the equipment of technology
            described in paragraph (3) by any foreign country or
            subnational group.
              (6) A description of the diplomatic measures that the
            United States, and that other adherents to the MTCR and
            other arrangements affecting the acquisition and
            delivery of NBC weapons, have made with respect to
            activities and private persons and governments
            suspected of violating the MTCR and such other
            arrangements.
              (7) An analysis of the effectiveness of the
            regulatory and enforcement regimes of the United States
            and other countries that adhere to the MTCR and other
            arrangements affecting the acquisition and delivery of
            NBC weapons in controlling the export of MTCR and other
            NBC weapons and delivery system equipment or
            technology.
              (8) A summary of advisory opinions issued under
            section 11B(b)(4) of the Export Administration Act of
            1979 (50 U.S.C. App. 2401b(b)(4)) and under section
            73(d) of the Arms Export Control Act (22 U.S.C.
            2797b(d)).
              (9) An explanation of United States policy regarding
            the transfer of MTCR equipment or technology to foreign
            missile programs, including programs involving launches
            of space vehicles.
              (10) A description of each transfer by any person or
            government during the preceding 12-month period which
            is subject to sanctions under the Iran-Iraq Arms Non-
            Proliferation Act of 1992 (title XVI of Public Law 102-
            484).
        (d) Exclusions.--The countries excluded under subsection
    (a) are Australia, Belgium, Canada, the Czech Republic,
    Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
    Japan, Luxembourg, the Netherlands, New Zealand, Norway,
    Poland, Portugal, Spain, Turkey, the United Kingdom, and the
    United States.
        (e) Classification of Report.--The Secretary shall make
    every effort to submit all of the information required by this
    section in unclassified form. Whenever the Secretary submits
    any such information in classified form, the Secretary shall
    submit such classified information in an addendum and shall
    also submit concurrently a detailed summary, in unclassified
    form, of that classified information.
        (f) Definitions.--In this section:
              (1) Designated congressional committees.--The term
            ``designated congressional committees'' means--
                      (A) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on International Relations of the House of
                    Representatives; and
                      (B) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on Foreign Relations of the Senate.
              (2) Missile; mtcr; mtcr equipment or technology.--The
            terms ``missile'', ``MTCR'', and ``MTCR equipment or
            technology'' have the meanings given those terms in
            section 74 of the Arms Export Control Act (22 U.S.C.
            2797c).
              (3) Person.--The term ``person'' means any United
            States or foreign individual, partnership, corporation,
            or other form of association, or any of its successor
            entities, parents, or subsidiaries.
              (4) Weaponize; weaponization.--The term ``weaponize''
            or ``weaponization'' means to incorporate into, or the
            incorporation into, usable ordnance or other militarily
            useful means of delivery.
        (g) Repeals.--
              (1) In general.--The following provisions of law are
            repealed:
                      (A) Section 1097 of the National Defense
                    Authorization Act for Fiscal Years 1992 and
                    1993 (22 U.S.C. 2751 note).
                      (B) Section 308 of the Chemical and
                    Biological Weapons Control and Warfare
                    Elimination Act of 1991 (22 U.S.C. 5606).
                      (C) Section 1607(a) of the Iran-Iraq Arms
                    Non-Proliferation Act of 1992 (Public Law 102-
                    484).
                      (D) Paragraph (d) of section 585 of the
                    Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 1997 (as
                    contained in section 101(c) of title I of
                    division A of Public Law 104-208; 110 Stat.
                    3009-171).
              (2) Conforming amendments.--Section 585 of the
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, 1997, is amended--* * *

    SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
                        STRATEGY.

        Not later than 180 days after the date of the enactment of
    this Act, the Secretary of State shall prepare and submit to
    the appropriate congressional committees a 3-year international
    arms control and nonproliferation strategy. The strategy shall
    contain the following:
              (1) A 3-year plan for the reduction of existing
            nuclear, chemical, and biological weapons and ballistic
            missiles and for controlling the proliferation of these
            weapons.
              (2) Identification of the goals and objectives of the
            United States with respect to arms control and
            nonproliferation of weapons of mass destruction and
            their delivery systems.
              (3) A description of the programs, projects, and
            activities of the Department of State intended to
            accomplish goals and objectives described in paragraph
            (2).

       Subtitle B--Russian Federation Debt Reduction for Nonproliferation

    SEC. 1311.\16\ SHORT TITLE.

        This subtitle may be cited as the ``Russian Federation Debt
    for Nonproliferation Act of 2002''.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1312.\16\ FINDINGS AND PURPOSES.

        (a) Findings.--Congress finds the following:
              (1) It is in the vital security interests of the
            United States to prevent the spread of weapons of mass
            destruction to additional states or to terrorist
            organizations, and to ensure that other nations'
            obligations to modify their stockpiles of such arms in
            accordance with treaties, executive agreements, or
            political commitments are fulfilled.
              (2) In particular, it is in the vital national
            security interests of the United States to ensure
            that--
                      (A) all stocks of nuclear weapons and
                    weapons-usable nuclear material in the Russian
                    Federation are secure and accounted for;
                      (B) stocks of nuclear weapons and weapons-
                    usable nuclear material that are excess to
                    military needs in the Russian Federation are
                    monitored and reduced;
                      (C) any chemical or biological weapons,
                    related materials, and facilities in the
                    Russian Federation are destroyed;
                      (D) the Russian Federation's nuclear weapons
                    complex is reduced to a size appropriate to its
                    post-Cold War missions, and its experts in
                    weapons of mass destruction technologies are
                    shifted to gainful and sustainable civilian
                    employment;
                      (E) the Russian Federation's export control
                    system blocks any proliferation of weapons of
                    mass destruction, the means of delivering such
                    weapons, and materials, equipment, know-how, or
                    technology that would be used to develop,
                    produce, or deliver such weapons; and
                      (F) these objectives are accomplished with
                    sufficient monitoring and transparency to
                    provide confidence that they have in fact been
                    accomplished and that the funds provided to
                    accomplish these objectives have been spent
                    efficiently and effectively.
              (3) United States programs should be designed to
            accomplish these vital objectives in the Russian
            Federation as rapidly as possible, and the President
            should develop and present to Congress a plan for doing
            so.
              (4) Substantial progress has been made in United
            States-Russian Federation cooperative programs to
            achieve these objectives, but much more remains to be
            done to reduce the urgent risks to United States
            national security posed by the current state of the
            Russian Federation's weapons of mass destruction
            stockpiles and complexes.
              (5) The threats posed by inadequate management of
            weapons of mass destruction stockpiles and complexes in
            the Russian Federation remain urgent. Incidents in
            years immediately preceding 2001, which have been cited
            by the Russia Task Force of the Secretary of Energy
            Advisory Board, include--
                      (A) a conspiracy at one of the Russian
                    Federation's largest nuclear weapons facilities
                    to steal nearly enough highly enriched uranium
                    for a nuclear bomb;
                      (B) an attempt by an employee of the Russian
                    Federation's premier nuclear weapons facility
                    to sell nuclear weapons designs to agents of
                    Iraq and Afghanistan; and
                      (C) the theft of radioactive material from a
                    Russian Federation submarine base.
              (6) Addressing these threats to United States and
            world security will ultimately consume billions of
            dollars, a burden that will have to be shared by the
            Russian Federation, the United States, and other
            governments, if these threats are to be neutralized.
              (7) The creation of new funding streams could
            accelerate progress in reducing these threats to United
            States security and help the government of the Russian
            Federation to fulfill its responsibility for secure
            management of its weapons stockpiles and complexes as
            United States assistance phases out.
              (8) The Russian Federation has a significant foreign
            debt, a substantial proportion of which it inherited
            from the Soviet Union.
              (9) Past debt-for-environment exchanges, in which a
            portion of a country's foreign debt is canceled in
            return for certain environmental commitments or
            payments by that country, suggest that a debt-for-
            nonproliferation exchange with the Russian Federation
            could be designed to provide additional funding for
            nonproliferation and arms reduction initiatives.
              (10) Most of the Russian Federation's official
            bilateral debt is held by United States allies that are
            advanced industrial democracies. Since the issues
            described pose threats to United States allies as well,
            United States leadership that results in a larger
            contribution from United States allies to cooperative
            threat reduction activities will be needed.
              (11) At the June 2002 meeting of the G-8 countries,
            agreement was achieved on a G-8 Global Partnership
            against the Spread of Weapons and Materials of Mass
            Destruction, under which the advanced industrial
            democracies committed to contribute $20,000,000,000 to
            nonproliferation programs in the Russian Federation
            during a 10-year period, with each contributing country
            having the option to fund some or all of its
            contribution through reduction in the Russian
            Federation's official debt to that country.
              (12) The Russian Federation's Soviet-era official
            debt to the United States is estimated to be
            $480,000,000 in Lend-Lease debt and $2,250,000,000 in
            debt as a result of credits extended under title I of
            the Agricultural Trade Development and Assistance Act
            of 1954 (7 U.S.C. 1701 et seq.).
        (b) Purposes.--The purposes of this subtitle are--
              (1) to facilitate the accomplishment of the United
            States objectives described in the findings set forth
            in subsection (a) by providing for the use of a portion
            of the Russian Federation's foreign debt to fund
            nonproliferation programs, thus allowing the use of
            additional resources for these purposes; and
              (2) to help ensure that the resources made available
            to the Russian Federation are targeted to the
            accomplishment of the United States objectives
            described in the findings set forth in subsection (a).

    SEC. 1313.\16\ DEFINITIONS.

        In this subtitle:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                      (A) the Committee on International Relations
                    and the Committee on Appropriations of the
                    House of Representatives; and
                      (B) the Committee on Foreign Relations and
                    the Committee on Appropriations of the Senate.
              (2) Cost.--The term ``cost'' has the meaning given
            that term in section 502(5) of the Federal Credit
            Reform Act of 1990 (2 U.S.C. 661a(5)).
              (3) Russian federation nonproliferation investment
            agreement or agreement.--The term ``Russian Federation
            Nonproliferation Investment Agreement'' or
            ``Agreement'' means the agreement between the United
            States and the Russian Federation entered into under
            section 1315(a).
              (4) Soviet-era debt.--The term ``Soviet-era debt''
            means debt owed as a result of loans or credits
            provided by the United States (or any agency of the
            United States) to the Union of Soviet Socialist
            Republics under the Lend Lease Act of 1941 or the
            Commodity Credit Corporation Charter Act.
              (5) State sponsor of international terrorism.--The
            term ``state sponsor of international terrorism'' means
            those countries that have been determined by the
            Secretary of State, for the purposes of section 40 of
            the Arms Export Control Act, section 620A of the
            Foreign Assistance Act of 1961, or section 6(j) of the
            Export Administration Act of 1979, to have repeatedly
            provided support for acts of international terrorism.

    SEC. 1314.\16\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
                        DEBT OBLIGATIONS TO THE UNITED STATES.

        (a) Authority To Reduce Debt.--
              (1) In general.--Upon the entry into force of a
            Russian Federation Nonproliferation Investment
            Agreement, the President may reduce amounts of Soviet-
            era debt owed by the Russian Federation to the United
            States (or any agency or instrumentality of the United
            States) that are outstanding as of the last day of the
            fiscal year preceding the fiscal year for which
            appropriations are available for the reduction of debt,
            in accordance with this subtitle.
              (2) Limitation.--The authority provided by paragraph
            (1) shall be available only to the extent that
            appropriations for the cost (as defined in section
            502(5) of the Federal Credit Reform Act of 1990) of
            reducing any debt pursuant to such subsection are made
            in advance.
              (3) Supersedes existing law.--The authority provided
            by paragraph (1) may be exercised notwithstanding
            section 620(r) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(r)) or section 321 of the International
            Development and Food Assistance Act of 1975.
        (b) Implementation.--
              (1) Delegation of authority.--The President may
            delegate any authority conferred upon the President in
            this subtitle to the Secretary of State.
              (2) Establishment of terms and conditions.--
            Consistent with this subtitle, the President shall
            establish the terms and conditions under which loans
            and credits may be reduced pursuant to subsection (a).
              (3) Implementation.--In exercising the authority of
            subsection (a), the President--
                      (A) shall notify--
                              (i) the Department of State, with
                            respect to obligations of the former
                            Soviet Union under the Lend Lease Act
                            of 1941; and
                              (ii) the Commodity Credit
                            Corporation, with respect to
                            obligations of the former Soviet Union
                            under the Commodity Credit Corporation
                            Act;
                      (B) shall direct the cancellation of old
                    obligations and the substitution of new
                    obligations consistent with the Russian
                    Federation Nonproliferation Investment
                    Agreement; and
                      (C) shall direct the appropriate agency to
                    make an adjustment in the relevant accounts to
                    reflect the new debt treatment.
              (4) Deposit of repayments.--All repayments of
            outstanding loan amounts under subsection (a) that are
            not designated under a Russian Federation
            Nonproliferation Investment Agreement shall be
            deposited in the United States Government accounts
            established for repayments of the original obligations.
              (5) Not treated as foreign assistance.--Any reduction
            of Soviet-era debt pursuant to this subtitle shall not
            be considered assistance for the purposes of any
            provision of law limiting assistance to a country.
        (c) Authorization of Appropriation.--
              (1) In general.--For the cost (as defined in section
            502(5) of the Federal Credit Reform Act of 1990) of
            modifying any Soviet-era debt obligation pursuant to
            subsection (a), there are authorized to be appropriated
            to the President such sums as may be necessary.
              (2) Availability of funds.--Amounts appropriated
            pursuant to paragraph (1) are authorized to remain
            available until expended.

    SEC. 1315.\16\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT
                        AGREEMENT.

        (a) In General.--
              (1) In general.--The President is authorized to enter
            into an agreement with the Russian Federation under
            which an amount equal to the value of the debt reduced
            pursuant to section 1314 will be used to promote the
            nonproliferation of weapons of mass destruction and the
            means of delivering such weapons. An agreement entered
            into under this section may be referred to as the
            ``Russian Federation Nonproliferation Investment
            Agreement''.
              (2) Congressional notification.--The President shall
            notify the appropriate congressional committees at
            least 15 days in advance of the United States entering
            into a Russian Federation Nonproliferation Investment
            Agreement.
        (b) Content of the Agreement.--The Russian Federation
    Nonproliferation Investment Agreement shall ensure that--
              (1) an amount equal to the value of the debt reduced
            pursuant to this subtitle will be made available by the
            Russian Federation for agreed nonproliferation programs
            and projects;
              (2) each program or project funded pursuant to the
            Agreement will be approved by the President;
              (3) the administration and oversight of
            nonproliferation programs and projects will incorporate
            best practices from established threat reduction and
            nonproliferation assistance programs;
              (4) each program or project funded pursuant to the
            Agreement will be subject to monitoring and audits
            conducted by or for the United States Government to
            confirm that agreed funds are expended on agreed
            projects and meet agreed targets and benchmarks;
              (5) unobligated funds for investments pursuant to the
            Agreement will not be diverted to other purposes;
              (6) funds allocated to programs and projects pursuant
            to the Agreement will not be subject to any taxation by
            the Russian Federation;
              (7) all matters relating to the intellectual property
            rights and legal liabilities of United States firms in
            any project will be agreed upon before the expenditure
            of funds would be authorized for that project; and
              (8) not less than 75 percent of the funds made
            available for each nonproliferation program or project
            under the Agreement will be spent in the Russian
            Federation.
        (c) Use of Existing Mechanisms.--It is the sense of
    Congress that, to the extent practicable, the boards and
    administrative mechanisms of existing threat reduction and
    nonproliferation programs should be used in the administration
    and oversight of programs and projects under the Agreement.
        (d) Joint Auditing.--It is the sense of Congress that the
    United States and the Russian Federation should consider
    commissioning the United States General Accounting Office \17\
    and the Russian Chamber of Accounts to conduct joint audits to
    ensure that the funds saved by the Russian Federation as a
    result of any debt reduction are used exclusively, efficiently,
    and effectively to implement agreed programs or projects
    pursuant to the Agreement.
    ---------------------------------------------------------------------------
        \17\ 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) Structure of the Agreement.--It is the sense of
    Congress that the Agreement should provide for significant
    penalties--
              (1) if funds obligated for approved programs or
            projects are determined to have been misappropriated;
            and
              (2) if the President is unable to make the
            certification required by section 1317(a) for two
            consecutive years.

    SEC. 1316.\16\ INDEPENDENT MEDIA AND THE RULE OF LAW.

        Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
    percent of the amount equal to the value of the debt reduced
    pursuant to this subtitle may be used to promote a vibrant,
    independent media sector and the rule of law in the Russian
    Federation through an endowment to support the establishment of
    a ``Center for an Independent Press and the Rule of Law'' in
    the Russian Federation, which shall be directed by a joint
    United States-Russian Board of Directors in which the majority
    of members, including the chairman, shall be United States
    personnel, and which shall be responsible for management of the
    endowment, its funds, and the Center's programs.

    SEC. 1317.\16\ RESTRICTION ON DEBT REDUCTION AUTHORITY.

        (a) Proliferation to State Sponsors of Terrorism.--Subject
    to the provisions of subsection (c), the debt reduction
    authority provided by section 1314 may not be exercised unless
    and until the President certifies to the appropriate
    congressional committees that the Russian Federation has made
    material progress in stemming the flow of sensitive goods,
    technologies, material, and know-how related to the design,
    development, and production of weapons of mass destruction and
    the means to deliver them to state sponsors of international
    terrorism.
        (b) Annual Determination.--If, in any annual report to
    Congress submitted pursuant to section 1321, the President
    cannot certify that the Russian Federation continues to meet
    the condition required in subsection (a), then, subject to the
    provisions of subsection (c), the debt reduction authority
    provided by section 1314 may not be exercised unless and until
    such certification is made to the appropriate congressional
    committees.
        (c) Presidential Waiver.--The President may waive the
    requirements of subsection (a) or (b) for a fiscal year if the
    President--
              (1) determines that application of the subsection for
            a fiscal year would be counter to the national interest
            of the United States; and
              (2) so reports to the appropriate congressional
            committees.

    SEC. 1318.\16\ DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
                        NONPROLIFERATION WITH OTHER CREDITOR STATES.

        It is the sense of Congress that the President and such
    other appropriate officials as the President may designate
    should pursue discussions with other creditor states with the
    objectives of--
              (1) ensuring that other advanced industrial
            democracies, especially the largest holders of Soviet-
            era Russian debt, dedicate significant proportions of
            their bilateral official debt with the Russian
            Federation or equivalent amounts of direct assistance
            to the G-8 Global Partnership against the Spread of
            Weapons and Materials of Mass Destruction, as agreed
            upon in the Statement by G-8 Leaders on June 27, 2002;
            and
              (2) reaching agreement, as appropriate, to establish
            a unified Russian Federation official debt reduction
            fund to manage and provide financial transparency for
            the resources provided by creditor states through debt
            reductions.

    SEC. 1319.\16\ IMPLEMENTATION OF UNITED STATES POLICY.

        It is the sense of Congress that implementation of debt-
    for-nonproliferation programs with the Russian Federation
    should be overseen by the coordinating mechanism established
    pursuant to section 1334 of this Act.

    SEC. 1320.\16\ CONSULTATIONS WITH CONGRESS.

        The President shall consult with the appropriate
    congressional committees on a periodic basis to review the
    implementation of this subtitle and the Russian Federation's
    eligibility for debt reduction pursuant to this subtitle.

    SEC. 1321.\16\ ANNUAL REPORTS TO CONGRESS.

        Not later than December 31, 2003, and not later than
    December 31 of each year thereafter, the President shall
    prepare and transmit to Congress a report concerning actions
    taken to implement this subtitle during the fiscal year
    preceding the fiscal year in which the report is transmitted.
    The report on a fiscal year shall include--
              (1) a description of the activities undertaken
            pursuant to this subtitle during the fiscal year;
              (2) a description of the nature and amounts of the
            loans reduced pursuant to this subtitle during the
            fiscal year;
              (3) a description of any agreement entered into under
            this subtitle;
              (4) a description of the progress during the fiscal
            year of any projects funded pursuant to this subtitle;
              (5) a summary of the results of relevant audits
            performed in the fiscal year; and
              (6) a certification, if appropriate, that the Russian
            Federation continued to meet the condition required by
            section 1317(a), and an explanation of why the
            certification was or was not made.

              Subtitle C--Nonproliferation Assistance Coordination

    SEC. 1331.\18\ SHORT TITLE.

        This subtitle may be cited as the ``Nonproliferation
    Assistance Coordination Act of 2002''.
    ---------------------------------------------------------------------------
        \18\ 50 U.S.C. 2301 note.
    ---------------------------------------------------------------------------

    SEC. 1332.\19\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \19\ 50 U.S.C. 2357.
    ---------------------------------------------------------------------------
              (1) United States nonproliferation efforts in the
            independent states of the former Soviet Union have
            achieved important results in ensuring that weapons of
            mass destruction, weapons-usable material and
            technology, and weapons-related knowledge remain beyond
            the reach of terrorists and weapons-proliferating
            states;
              (2) although these efforts are in the United States
            national security interest, the effectiveness of these
            efforts has suffered from a lack of coordination within
            and among United States Government agencies;
              (3) increased spending and investment by the United
            States private sector on nonproliferation efforts in
            the independent states of the former Soviet Union,
            specifically, spending and investment by the United
            States private sector in job creation initiatives and
            proposals for unemployed Russian Federation weapons
            scientists and technicians, are making an important
            contribution in ensuring that knowledge related to
            weapons of mass destruction remains beyond the reach of
            terrorists and weapons-proliferating states; and
              (4) increased spending and investment by the United
            States private sector on nonproliferation efforts in
            the independent states of the former Soviet Union make
            advisable the establishment of a coordinating body to
            ensure that United States public and private efforts
            are not in conflict, and to ensure that public spending
            on efforts by the independent states of the former
            Soviet Union is maximized to ensure efficiency and
            further United States national security interests.

    SEC. 1333.\20\ DEFINITIONS.

        (a) Independent States of the Former Soviet Union.--In this
    subtitle, the term ``independent states of the former Soviet
    Union'' has the meaning given the term in section 3 of the
    FREEDOM Support Act (22 U.S.C. 5801).
    ---------------------------------------------------------------------------
        \20\ 50 U.S.C. 2357a.
    ---------------------------------------------------------------------------
        (b) Appropriate Committees of Congress.--In this subtitle,
    the term ``the appropriate committees of Congress'' means the
    Committees on Foreign Relations, Armed Services, and
    Appropriations of the Senate and the Committees on
    International Relations, Armed Services, and Appropriations of
    the House of Representatives.

    SEC. 1334.\21\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION
                        ASSISTANCE.

        (a) In General.--The President shall establish a mechanism
    to coordinate, with the maximum possible effectiveness and
    efficiency, the efforts of United States Government departments
    and agencies engaged in formulating policy and carrying out
    programs for achieving nonproliferation and threat reduction.
    ---------------------------------------------------------------------------
        \21\ 50 U.S.C. 2357b.
    ---------------------------------------------------------------------------
        (b) Membership.--The coordination mechanism established
    pursuant to subsection (a) shall include--
              (1) representatives designated by--
                      (A) the Secretary of State;
                      (B) the Secretary of Defense;
                      (C) the Secretary of Energy;
                      (D) the Secretary of Commerce;
                      (E) the Attorney General; and
                      (F) the Director of the Office of Homeland
                    Security, or the head of a successor department
                    or agency; and
              (2) such other executive branch officials as the
            President may select.
        (c) Level of Representation.--To the maximum extent
    possible, each department or agency's representative designated
    pursuant to subsection (b)(1) shall be an official of that
    department or agency who has been appointed by the President
    with the advice and consent of the Senate.
        (d) Chair.--The President shall designate an official to
    direct the coordination mechanism established pursuant to
    subsection (a). The official so designated may invite the head
    of any other department or agency of the United States to
    designate a representative of that department or agency to
    participate from time to time in the activities of the
    Committee.

    SEC. 1335.\22\ PURPOSES AND AUTHORITY.

        (a) Purposes.--
    ---------------------------------------------------------------------------
        \22\ 50 U.S.C. 2357c.
    ---------------------------------------------------------------------------
              (1) In general.--The primary purpose of the
            coordination mechanism established pursuant to section
            1334 of this Act should be--
                      (A) to exercise continuing responsibility for
                    coordinating worldwide United States
                    nonproliferation and threat reduction efforts
                    to ensure that they effectively implement
                    United States policy; and
                      (B) to enhance the ability of participating
                    departments and agencies to anticipate growing
                    nonproliferation areas of concern.
              (2) Program monitoring and coordination.--The
            coordination mechanism established pursuant to section
            1334 of this Act should have primary continuing
            responsibility within the executive branch of the
            Government for--
                      (A) United States nonproliferation and threat
                    reduction efforts, and particularly such
                    efforts in the independent states of the former
                    Soviet Union; and
                      (B) coordinating the implementation of United
                    States policy with respect to such efforts.
        (b) Authority.--In carrying out the responsibilities
    described in subsection (a), the coordination mechanism
    established pursuant to section 1334 of this Act should have,
    at a minimum, the authority to--
              (1) establish such subcommittees and working groups
            as it deems necessary;
              (2) direct the preparation of analyses on issues and
            problems relating to coordination within and among
            United States departments and agencies on
            nonproliferation and threat reduction efforts;
              (3) direct the preparation of analyses on issues and
            problems relating to coordination between the United
            States public and private sectors on nonproliferation
            and threat reduction efforts, including coordination
            between public and private spending on nonproliferation
            and threat reduction programs and coordination between
            public spending and private investment in defense
            conversion activities of the independent states of the
            former Soviet Union;
              (4) provide guidance on arrangements that will
            coordinate, deconflict, and maximize the utility of
            United States public spending on nonproliferation and
            threat reduction programs, and particularly such
            efforts in the independent states of the former Soviet
            Union;
              (5) encourage companies and nongovernmental
            organizations involved in nonproliferation efforts of
            the independent states of the former Soviet Union or
            other countries of concern to voluntarily report these
            efforts to it;
              (6) direct the preparation of analyses on issues and
            problems relating to the coordination between the
            United States and other countries with respect to
            nonproliferation efforts, and particularly such efforts
            in the independent states of the former Soviet Union;
            and
              (7) consider, and make recommendations to the
            President with respect to, proposals for such new
            legislation or regulations relating to United States
            nonproliferation efforts as may be necessary.

    SEC. 1336.\23\ ADMINISTRATIVE SUPPORT.

        All United States departments and agencies shall provide,
    to the extent permitted by law, such information and assistance
    as may be requested by the coordination mechanism established
    pursuant to section 1334 of this Act, in carrying out its
    functions and activities under this subtitle.
    ---------------------------------------------------------------------------
        \23\ 50 U.S.C. 2357d.
    ---------------------------------------------------------------------------

    SEC. 1337.\24\ CONFIDENTIALITY OF INFORMATION.

        Information which has been submitted to or received by the
    coordination mechanism established pursuant to section 1334 of
    this Act in confidence shall not be publicly disclosed, except
    to the extent required by law, and such information shall be
    used by it only for the purpose of carrying out the functions
    set forth in this subtitle.
    ---------------------------------------------------------------------------
        \24\ 50 U.S.C. 2357e.
    ---------------------------------------------------------------------------

    SEC. 1338.\25\ STATUTORY CONSTRUCTION.

        Nothing in this subtitle--
    ---------------------------------------------------------------------------
        \25\ 50 U.S.C. 2357f.
    ---------------------------------------------------------------------------
              (1) applies to the data-gathering, regulatory, or
            enforcement authority of any existing United States
            department or agency over nonproliferation efforts in
            the independent states of the former Soviet Union, and
            the review of those efforts undertaken by the
            coordination mechanism established pursuant to section
            1334 of this Act shall not in any way supersede or
            prejudice any other process provided by law; or
              (2) applies to any activity that is reportable
            pursuant to title V of the National Security Act of
            1947 (50 U.S.C. 413 et seq.).

    SEC. 1339.\26\ REPORTING AND CONSULTATION.

        (a) Presidential Report.--Not later than 120 days after
    each inauguration of a President, the President shall submit a
    report to the Congress on his general and specific
    nonproliferation and threat reduction objectives and how the
    efforts of executive branch agencies will be coordinated most
    effectively, pursuant to section 1334 of this Act, to achieve
    those objectives.
    ---------------------------------------------------------------------------
        \26\ 50 U.S.C. 2357g.
    ---------------------------------------------------------------------------
        (b) Consultation.--The President should consult with and
    brief, from time to time, the appropriate committees of
    Congress regarding the efficacy of the coordination mechanism
    established pursuant to section 1334 of this Act in achieving
    its stated objectives.

         Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002

    SEC. 1341.\27\ SHORT TITLE.

        This subtitle may be cited as the ``Iran Nuclear
    Proliferation Prevention Act of 2002''.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 2021 note.
    ---------------------------------------------------------------------------

    SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
                        ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
                        IRAN.

        Section 307 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2227) is amended by adding at the end the following: * *
    *

    SEC. 1343.\28\ ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND
                        PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY;
                        UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
                        PROJECTS OF THE AGENCY.

        (a) Annual Review.--
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 2027.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary shall undertake a
            comprehensive annual review of all programs and
            projects of the International Atomic Energy Agency
            (IAEA) in the countries described in section 307(a) of
            the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
            and shall determine if such programs and projects are
            consistent with United States nuclear nonproliferation
            and safety goals.
              (2) Report.--Not later than one year after the date
            of enactment of this Act, and on an annual basis
            thereafter for five years, the Secretary shall submit
            to Congress a report containing the results of the
            review under paragraph (1).
        (b) Opposition To Certain Programs and Projects of
    International Atomic Energy Agency.--The Secretary shall direct
    the United States representative to the International Atomic
    Energy Agency to oppose programs of the Agency that are
    determined by the Secretary under the review conducted under
    subsection (a)(1) to be inconsistent with nuclear
    nonproliferation and safety goals of the United States.

    SEC. 1344.\29\ REPORTING REQUIREMENTS.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, and on an annual basis thereafter for
    five years, the Secretary, in consultation with the United
    States representative to the International Atomic Energy
    Agency, shall prepare and submit to Congress a report that
    contains--
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 2021 note.
    ---------------------------------------------------------------------------
              (1) a description of the total amount of annual
            assistance to Iran from the International Atomic Energy
            Agency;
              (2) a list of Iranian officials in leadership
            positions at the Agency;
              (3) the expected timeframe for the completion of the
            nuclear power reactors at the Bushehr nuclear power
            plant;
              (4) a summary of the nuclear materials and technology
            transferred to Iran from the Agency in the preceding
            year that could assist in the development of Iran's
            nuclear weapons program; and
              (5) a description of all programs and projects of the
            International Atomic Energy Agency in each country
            described in section 307(a) of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
            between the technical cooperation and assistance
            programs and projects of the Agency and United States
            nuclear nonproliferation and safety goals in those
            countries.
        (b) Additional Requirement.--The report required to be
    submitted under subsection (a) shall be submitted in an
    unclassified form, to the extent appropriate, but may include a
    classified annex.

    SEC. 1345. SENSE OF CONGRESS.

        It is the sense of Congress that the President should
    pursue internal reforms at the International Atomic Energy
    Agency that will ensure that all programs and projects funded
    under the Technical Cooperation and Assistance Fund of the
    Agency are compatible with United States nuclear
    nonproliferation policy and international nuclear
    nonproliferation norms.

             TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS

    SEC. 1401. LICENSE OFFICER STAFFING.

        (a) Funding.--Of the amount authorized to be appropriated
    by section 111(a)(1)(A), $10,000,000 is authorized to be
    available for salaries and expenses of the Office of Defense
    Trade Controls of the Department.
        (b) Assignment of License Review Officers.--Effective
    January 1, 2003, the Secretary shall assign to the Office of
    Defense Trade Controls of the Department a sufficient number of
    license review officers to ensure that the average weekly
    caseload for each officer does not routinely exceed 40.
        (c) Detailees.--Given the priority placed on expedited
    license reviews in recent years by the Department of Defense,
    the Secretary of Defense should ensure that 10 military
    officers are continuously detailed to the Office of Defense
    Trade Controls of the Department of State on a nonreimbursable
    basis.

    SEC. 1402. FUNDING FOR DATABASE AUTOMATION.

        Of the amount authorized to be appropriated by section
    111(a)(2), $4,000,000 is authorized to be available for the
    Office of Defense Trade Controls of the Department for the
    modernization of information management systems.

    SEC. 1403.\30\ INFORMATION MANAGEMENT PRIORITIES.

        (a) Objective.--The Secretary shall establish a secure,
    Internet-based system for the filing and review of applications
    for export of Munitions List items.
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
        (b) Establishment of an Electronic System.--Of the amount
    made available pursuant to section 1402 of this Act, $3,000,000
    is authorized to be available to fully automate the Defense
    Trade Application System, and to ensure that the system--
              (1) is a secure, electronic system for the filing and
            review of Munitions List license applications;
              (2) is accessible by United States companies through
            the Internet for the purpose of filing and tracking
            their Munitions List license applications; and
              (3) is capable of exchanging data with--
                      (A) the Export Control Automated Support
                    System of the Department of Commerce;
                      (B) the Foreign Disclosure and Technology
                    Information System and the USXPORTS systems of
                    the Department of Defense;
                      (C) the Export Control System of the Central
                    Intelligence Agency; and
                      (D) the Proliferation Information Network
                    System of the Department of Energy.
        (c) Munitions List Defined.--In this section, the term
    ``Munitions List'' means the United States Munitions List of
    defense articles and defense services controlled under section
    38 of the Arms Export Control Act (22 U.S.C. 2778).

    SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.

        (a) \31\ Contribution to the Automated Export System.--Of
    the amount provided under section 1402 of this Act, $250,000 is
    authorized to be available for the purpose of--
    ---------------------------------------------------------------------------
        \31\ 13 U.S.C. 301 note.
    ---------------------------------------------------------------------------
              (1) providing the Department with full access to the
            Automated Export System;
              (2) ensuring that the system is modified to meet the
            needs of the Department, if such modifications are
            consistent with the needs of other United States
            Government agencies; and
              (3) providing operational support.
        (b) \31\ Mandatory Filing.--The Secretary of Commerce, with
    the concurrence of the Secretary of State and the Secretary of
    Treasury, shall publish regulations in the Federal Register to
    require, upon the effective date of those regulations, that all
    persons who are required to file export information under
    chapter 9 of title 13, United States Code, file such
    information through the Automated Export System.
        (c) \31\ Requirement for Information Sharing.--The
    Secretary shall conclude an information-sharing arrangement
    with the heads of the United States Customs Service and the
    Census Bureau--
              (1) to allow the Department to access information on
            controlled exports made through the United States
            Postal Service; and
              (2) to adjust the Automated Export System to parallel
            information currently collected by the Department.
        (d) Secretary of Treasury Functions.--Section 303 of title
    13, United States Code, is amended by striking ``, other than
    by mail,''.
        (e) Filing Export Information, Delayed Filings, Penalties
    for Failure To File.--Section 304 of title 13, United States
    Code, is amended--* * *
        (f) Additional Penalties.--
              (1) In general.--Section 305 of title 13, United
            States Code, is amended to read as follows:

    ``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES. * *
                        *''.

    SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
                        PURPOSES.

        (a) In General.--The Arms Export Control Act is amended--*
    * * \32\
    ---------------------------------------------------------------------------
        \32\ Sec. 1405(a) amended the Arms Export Control Act at secs.
    3(d), 36, 47, and 63(a). For amended text, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) Licenses for Exports to India and Pakistan.--Section
    9001(e) of the Department of Defense Appropriations Act, Fiscal
    Year 2000 (Public Law 106-79) is amended by adding at the end
    the following: ``The application of these requirements shall be
    subject to the dollar amount thresholds specified in that
    section.''.

    SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
                        MUNITIONS LIST.

        Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
    778(f)(1)) is amended by striking the third sentence and
    inserting the following: ``The President may not remove any
    item from the Munitions List until 30 days after the date on
    which the President has provided notice of the proposed removal
    to the Committee on International Relations of the House of
    Representatives and to the Committee on Foreign Relations of
    the Senate in accordance with the procedures applicable to
    reprogramming notifications under section 634A(a) of the
    Foreign Assistance Act of 1961. Such notice shall describe the
    nature of any controls to be imposed on that item under any
    other provision of law.''.

                TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY

    SEC. 1501. BRIEFING ON THE STRATEGY.

        Not later than March 31, 2003, officials of the Department
    and the Department of Defense shall brief the appropriate
    congressional committees regarding their plans and progress in
    formulating and implementing a national security assistance
    strategy. This briefing shall include--
              (1) a description of how, and to what extent, the
            elements of the strategy recommended in section 501(b)
            of the Security Assistance Act of 2000 (22 U.S.C.
            2305(b)) have been or will be incorporated in security
            assistance plans and decisions;
              (2) the number of out-years considered in the
            strategy;
              (3) a description of the actions taken to include the
            programs listed in section 501(c) of the Security
            Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as
            similar programs of military training or other
            assistance to the military or security forces of a
            foreign country;
              (4) a description of how a national security
            assistance strategy is being implemented regarding
            specific countries;
              (5) a description of any programmatic changes adopted
            or expected as a result of adopting a strategic
            approach to security assistance policymaking;
              (6) a description of any obstacles encountered in
            formulating or implementing a national security
            assistance strategy; and
              (7) a description of any resource or legislative
            needs highlighted by this process.

    SEC. 1502. SECURITY ASSISTANCE SURVEYS.

        (a) Utilization.--The Secretary should utilize security
    assistance surveys in preparation of a national security
    assistance strategy pursuant to section 501 of the Security
    Assistance Act of 2000 (22 U.S.C. 2305).
        (b) Funding.--Of the amount made available for the fiscal
    year 2003 under section 23 of the Arms Export Control Act (22
    U.S.C. 2763), $2,000,000 is authorized to be available to the
    Secretary to conduct security assistance surveys, or to request
    such surveys, on a reimbursable basis, by the Department of
    Defense or other United States Government agencies. Such
    surveys shall be conducted consistent with the requirements of
    section 26 of the Arms Export Control Act (22 U.S.C. 2766).

                      TITLE XVI--MISCELLANEOUS PROVISIONS

    SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.

        (a) United States Policy.--It shall be the policy of the
    United States, consistent with its obligations under the Treaty
    on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
    encourage and work with the governments of India and Pakistan
    to achieve the following objectives by September 30, 2003:
              (1) Continuation of a nuclear testing moratorium.
              (2) Commitment not to deploy nuclear weapons.
              (3) Commitment not to deploy ballistic missiles that
            can carry nuclear weapons and to restrain the ranges
            and types of missiles developed or deployed.
              (4) Agreement by both governments to bring their
            export controls in accord with the guidelines and
            requirements of the Nuclear Suppliers Group.
              (5) Agreement by both governments to bring their
            export controls in accord with the guidelines and
            requirements of the Zangger Committee.
              (6) Agreement by both governments to bring their
            export controls in accord with the guidelines,
            requirements, and annexes of the Missile Technology
            Control Regime.
              (7) Establishment of a modern, effective system to
            control the export of sensitive dual-use items,
            technology, technical information, and materiel that
            can be used in the design, development, or production
            of weapons of mass destruction and ballistic missiles.
              (8) Conduct of bilateral meetings between Indian and
            Pakistani senior officials to discuss security issues
            and establish confidence-building measures with respect
            to nuclear policies and programs.
        (b) Further United States Policy.--It shall also be the
    policy of the United States, consistent with its obligations
    under the Treaty on the Nonproliferation of Nuclear Weapons (21
    U.S.T. 483), to encourage, and, where appropriate, to work
    with, the Governments of India and Pakistan to achieve not
    later than September 30, 2003, the establishment by those
    governments of modern, effective systems to protect and secure
    their nuclear devices and materiel from unauthorized use,
    accidental employment, or theft. Any such dialogue with India
    or Pakistan would not be represented or considered, nor would
    it be intended, as granting any recognition to India or
    Pakistan, as appropriate, as a nuclear weapon state (as defined
    in the Treaty on the Non-Proliferation of Nuclear Weapons).
        (c) Report.--Not later than March 1, 2003, the President
    shall submit to the appropriate congressional committees a
    report describing United States efforts to achieve the
    objectives listed in subsections (a) and (b), the progress made
    toward the achievement of those objectives, and the likelihood
    that each objective will be achieved by September 30, 2003.

    SEC. 1602.\33\ REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.

        The head of the Air Force Technical Applications Center
    shall make available to the public, immediately upon receipt or
    as soon after receipt as is practicable, all raw seismological
    data provided to the United States Government by any
    international monitoring organization that is directly
    responsible for seismological monitoring.
    ---------------------------------------------------------------------------
        \33\ 42 U.S.C. 7704 note.
    ---------------------------------------------------------------------------

    SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
                        INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
                        ORGANIZATIONS.

        (a) In General.--The Secretary, in consultation with the
    Secretaries of Defense and Energy and the heads of other
    relevant United States departments and agencies, as
    appropriate, should develop measures to improve the process by
    which United States Government personnel may be detailed to
    international arms control and nonproliferation organizations
    without adversely affecting the pay or career advancement of
    such personnel.
        (b) Report Required.--Not later than May 1, 2003, the
    Secretary shall submit a report to the Committee on Foreign
    Relations of the Senate and the Committee on International
    Relations of the House of Representatives setting forth the
    measures taken under subsection (a).

    SEC. 1604.\34\ DIPLOMATIC PRESENCE OVERSEAS.

        (a) Purpose.--The purpose of this section is to--
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 2655b.
    ---------------------------------------------------------------------------
              (1) elevate the stature given United States
            diplomatic initiatives relating to nonproliferation and
            political-military issues; and
              (2) develop a group of highly specialized, technical
            experts with country expertise capable of administering
            the nonproliferation and political-military affairs
            functions of the Department.
        (b) Authority.--To carry out the purposes of subsection
    (a), the Secretary is authorized to establish the position of
    Counselor for Nonproliferation and Political Military Affairs
    in United States diplomatic missions overseas, to be filled by
    individuals who are career Civil Service officers or Foreign
    Service officers committed to follow-on assignments in the
    Nonproliferation Bureau or the Political Military Affairs
    Bureau of the Department.
        (c) Training.--After being selected to serve as Counselor,
    any person so selected shall spend not less than 10 months in
    language training courses at the Foreign Service Institute, or
    in technical courses administered by the Department of Defense,
    the Department of Energy, or other appropriate departments and
    agencies of the United States, except that such requirement for
    training may be waived by the Secretary.

    SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.

        (a) Findings.--Congress makes the following findings:
              (1) On April 24, 1997, the Senate provided its advice
            and consent to ratification of the Chemical Weapons
            Convention subject to the condition, among others, that
            the President certify that no sample collected in the
            United States pursuant to the Convention will be
            transferred for analysis to any laboratory outside the
            territory of the United States.
              (2) Congress enacted the same condition into law as
            section 304(f)(1) of the Chemical Weapons Convention
            Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
              (3) Part II, paragraph 57, of the Verification Annex
            of the Convention requires that all samples requiring
            off-site analysis under the Convention shall be
            analyzed by at least two laboratories that have been
            designated as capable of conducting such testing by the
            OPCW.
              (4) The only United States laboratory currently
            designated by the OPCW is the United States Army
            Edgewood Forensic Science Laboratory.
              (5) In order to comply with the Chemical Weapons
            Convention, the certification submitted pursuant to
            condition (18) of the resolution of ratification of the
            Chemical Weapons Convention, and the requirements of
            section 304(f)(1) of the Chemical Weapons Convention
            Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
            United States must possess, at a minimum, a second
            OPCW-designated laboratory.
              (6) The possession of a second OPCW-designated
            laboratory is necessary in view of the potential for a
            challenge inspection to be initiated against the United
            States by a foreign nation.
              (7) The possession of a third OPCW-designated
            laboratory would enable the OPCW to implement its
            normal sample analysis procedures, which randomly
            assign real and manufactured samples so that no
            laboratory knows the origin of a given sample.
              (8) To qualify as a designated laboratory, a
            laboratory must be certified under ISO Guide 25 or a
            higher standard and complete three proficiency tests.
            The laboratory must have the full capability to handle
            substances listed on Schedule 1 of the Annex on
            Schedules of Chemicals of the Chemical Weapons
            Convention. In order to handle such substances in the
            United States, a laboratory also must operate under a
            bailment agreement with the United States Army.
              (9) Several existing United States commercial
            laboratories have approved quality control systems,
            already possess bailment agreements with the United
            States Army, and have the capabilities necessary to
            obtain OPCW designation.
              (10) In order to bolster the legitimacy of United
            States analysis of samples taken on its national
            territory, it is preferable that one designated
            laboratory not be a United States Government facility.
        (b) Establishment of Non-Governmental Designated
    Laboratory.--
              (1) Report.--Not later than March 1, 2003, the United
            States National Authority, as designated under section
            101 of the Chemical Weapons Convention Implementation
            Act of 1998 (22 U.S.C. 6711) (referred to in this
            section as the ``National Authority''), shall submit to
            the appropriate congressional committees a report
            detailing a plan for securing OPCW designation of a
            nongovernmental United States laboratory by December 1,
            2004.
              (2) Directive.--Not later than June 1, 2003, the
            National Authority shall select, through competitive
            procedures, a nongovernmental laboratory within the
            United States to pursue designation by the OPCW.
              (3) Delegation.--The National Authority may delegate
            the authority and administrative responsibility for
            carrying out paragraph (2) to one or more of the heads
            of the agencies described in section 101(b)(2) of the
            Chemical Weapons Convention Implementation Act of 1998
            (22 U.S.C. 6711(b)(2)).
        (c) Definitions.--In this section:
              (1) Chemical weapons convention or convention.--The
            term ``Chemical Weapons Convention'' or ``Convention''
            means the Convention on the Prohibition of Development,
            Production, Stockpiling and Use of Chemical Weapons and
            on Their Destruction, Opened for Signature and Signed
            by the United States at Paris on January 13, 1993,
            including the following protocols and memorandum of
            understanding:
                      (A) The Annex on Chemicals.
                      (B) The Annex on Implementation and
                    Verification.
                      (C) The Annex on the Protection of
                    Confidential Information.
                      (D) The Resolution Establishing the
                    Preparatory Commission for the Organization for
                    the Prohibition of Chemical Weapons.
                      (E) The Text on the Establishment of a
                    Preparatory Commission.
              (2) OPCW.--The term ``OPCW'' means the Organization
            for the Prohibition of Chemical Weapons established
            under the Convention.

                TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS

    SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
                        COUNTRIES.

        (a) Transfers by Grant.--The President is authorized to
    transfer vessels to foreign countries on a grant basis under
    section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j) as follows:
              (1) Poland.--To the Government of Poland, the OLIVER
            HAZARD PERRY class guided missile frigate WADSWORTH
            (FFG 9).
              (2) Turkey.--To the Government of Turkey, the KNOX
            class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF
            1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084),
            REASONER (FF 1063), and BOWEN (FF 1079).
        (b) Transfers by Sale.--The President is authorized to
    transfer vessels to foreign governments and foreign
    governmental entities on a sale basis under section 21 of the
    Arms Export Control Act (22 U.S.C. 2761) as follows:
              (1) Mexico.--To the Government of Mexico, the NEWPORT
            class tank landing ship FREDERICK (LST 1184).
              (2) Taiwan.--To the Taipei Economic and Cultural
            Representative Office in the United States (which is
            the Taiwan instrumentality designated pursuant to
            section 10(a) of the Taiwan Relations Act), the KIDD
            class guided missile destroyers KIDD (DDG 993),
            CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG
            996).
              (3) Turkey.--To the Government of Turkey, the OLIVER
            HAZARD PERRY class guided missile frigates ESTOCIN (FFG
            15) and SAMUEL ELIOT MORISON (FFG 13).
        (c) Grants Not Counted in Annual Total of Transferred
    Excess Defense Articles.--The value of a vessel transferred to
    another country on a grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
    authority provided by subsection (a) shall not be counted for
    the purposes of subsection (g) of that section in the aggregate
    value of excess defense articles transferred to countries under
    that section in any fiscal year.
        (d) Costs of Transfers on Grant Basis.--Any expense
    incurred by the United States in connection with a transfer
    authorized by this section shall be charged to the recipient
    (notwithstanding section 516(e)(1) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer
    authorized to be made on a grant basis under subsection (a).
        (e) Waiver Authority.--For a vessel transferred on a grant
    basis pursuant to authority provided by subsection (a)(2), the
    President may waive reimbursement of charges for the lease of
    that vessel under section 61(a) of the Arms Export Control Act
    (22 U.S.C. 2796(a)) for a period of one year before the date of
    the transfer of that vessel.
        (f) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the President shall require,
    as a condition of the transfer of a vessel under this section,
    that the country to which the vessel is transferred have such
    repair or refurbishment of the vessel as is needed, before the
    vessel joins the naval forces of that country, performed at a
    shipyard located in the United States, including a United
    States Navy shipyard.
        (g) Expiration of Authority.--The authority to transfer a
    vessel under this section shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.
         (2) Gerald B. H. Solomon Freedom Consolidation Act of 2002 \1\

     Public Law 107-187 [H.R. 3167], 116 Stat. 590, approved June 10, 2002

        AN ACT To endorse the vision of further enlargement of the NATO
    Alliance articulated by President George W. Bush on June 15, 2001, and
      by former President William J. Clinton on October 22, 1996, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Gerald B. H. Solomon Freedom
    Consolidation Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

        The Congress makes the following findings:
              (1) In the NATO Participation Act of 1994 (title II
            of Public Law 103-447; 22 U.S.C. 1928 note), Congress
            declared that ``full and active participants in the
            Partnership for Peace in a position to further the
            principles of the North Atlantic Treaty and to
            contribute to the security of the North Atlantic area
            should be invited to become full NATO members in
            accordance with Article 10 of such Treaty at an early
            date . . .''.
              (2) In the NATO Enlargement Facilitation Act of 1996
            (title VI of section 101(c) of title I of division A of
            Public Law 104-208; 22 U.S.C. 1928 note), Congress
            called for the prompt admission of Poland, Hungary, the
            Czech Republic, and Slovenia to NATO, and declared that
            ``in order to promote economic stability and security
            in Slovakia, Estonia, Latvia, Lithuania, Romania,
            Bulgaria, Albania, Moldova, and Ukraine . . . the
            process of enlarging NATO to include emerging
            democracies in Central and Eastern Europe should not be
            limited to consideration of admitting Poland, Hungary,
            the Czech Republic, and Slovenia as full members of the
            NATO Alliance''.
              (3) In the European Security Act of 1998 (title XXVII
            of division G of Public Law 105-277; 22 U.S.C. 1928
            note), Congress declared that ``Poland, Hungary, and
            the Czech Republic should not be the last emerging
            democracies in Central and Eastern Europe invited to
            join NATO'' and that ``Romania, Estonia, Latvia,
            Lithuania, and Bulgaria . . . would make an outstanding
            contribution to furthering the goals of NATO and
            enhancing stability, freedom, and peace in Europe
            should they become NATO members [and] upon complete
            satisfaction of all relevant criteria should be invited
            to become full NATO members at the earliest possible
            date''.
              (4) At the Madrid Summit of the NATO Alliance in July
            1997, Poland, Hungary, and the Czech Republic were
            invited to join the Alliance in the first round of NATO
            enlargement, and the NATO heads of state and government
            issued a declaration stating ``[t]he Alliance expects
            to extend further invitations in coming years to
            nations willing and able to assume the responsibilities
            and obligations of membership . . . [n]o European
            democratic country whose admission would fulfill the
            objectives of the [North Atlantic] Treaty will be
            excluded from consideration''.
              (5) At the Washington Summit of the NATO Alliance in
            April 1999, the NATO heads of state and government
            issued a communique declaring ``[w]e pledge that NATO
            will continue to welcome new members in a position to
            further the principles of the [North Atlantic] Treaty
            and contribute to peace and security in the Euro-
            Atlantic area . . . [t]he three new members will not be
            the last . . . [n]o European democratic country whose
            admission would fulfill the objectives of the Treaty
            will be excluded from consideration, regardless of its
            geographic location . . .''.
              (6) In late 2002, NATO will hold a summit in Prague,
            the Czech Republic, at which it will decide which
            additional emerging democracies in Central and Eastern
            Europe to invite to join the Alliance in the next round
            of NATO enlargement.
              (7) In May 2000 in Vilnius, Lithuania, the foreign
            ministers of Albania, Bulgaria, Estonia, Latvia,
            Lithuania, the Former Yugoslav Republic of Macedonia,
            Romania, Slovakia, and Slovenia issued a statement
            (later joined by Croatia) declaring that their
            countries will cooperate in jointly seeking NATO
            membership in the next round of NATO enlargement, that
            the realization of NATO membership by one or more of
            these countries would be a success for all, and that
            eventual NATO membership for all of these countries
            would be a success for Europe and NATO.
              (8) On June 15, 2001, in a speech in Warsaw, Poland,
            President George W. Bush stated ``[a]ll of Europe's new
            democracies, from the Baltic to the Black Sea and all
            that lie between, should have the same chance for
            security and freedom--and the same chance to join the
            institutions of Europe--as Europe's old democracies
            have . . . I believe in NATO membership for all of
            Europe's democracies that seek it and are ready to
            share the responsibilities that NATO brings . . . [a]s
            we plan to enlarge NATO, no nation should be used as a
            pawn in the agenda of others . . . [w]e will not trade
            away the fate of free European peoples . . . [n]o more
            Munichs . . . [n]o more Yaltas . . . [a]s we plan the
            Prague Summit, we should not calculate how little we
            can get away with, but how much we can do to advance
            the cause of freedom''.
              (9) On October 22, 1996, in a speech in Detroit,
            Michigan, former President William J. Clinton stated
            ``NATO's doors will not close behind its first new
            members . . . NATO should remain open to all of
            Europe's emerging democracies who are ready to shoulder
            the responsibilities of membership . . . [n]o nation
            will be automatically excluded . . . [n]o country
            outside NATO will have a veto . . . [a] gray zone of
            insecurity must not reemerge in Europe''.

    SEC. 3. DECLARATIONS OF POLICY.

        Congress--
              (1) reaffirms its previous expressions of support for
            continued enlargement of the NATO Alliance contained in
            the NATO Participation Act of 1994, the NATO
            Enlargement Facilitation Act of 1996, and the European
            Security Act of 1998;
              (2) supports the commitment to further enlargement of
            the NATO Alliance expressed by the Alliance in its
            Madrid Declaration of 1997 and its Washington Summit
            Communique of 1999; and
              (3) endorses the vision of further enlargement of the
            NATO Alliance articulated by President George W. Bush
            on June 15, 2001, and by former President William J.
            Clinton on October 22, 1996, and urges our NATO allies
            to work with the United States to realize this vision
            at the Prague Summit in 2002.

    SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO
                        PARTICIPATION ACT OF 1994.

        (a) In General.--Slovakia is designated as eligible to
    receive assistance under the program established under section
    203(a) of the NATO Participation Act of 1994 (title II of
    Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to
    have been so designated pursuant to section 203(d)(1) of such
    Act.
        (b) Rule of Construction.--The designation of Slovakia
    pursuant to subsection (a) as eligible to receive assistance
    under the program established under section 203(a) of the NATO
    Participation Act of 1994--
              (1) is in addition to the designation of Poland,
            Hungary, the Czech Republic, and Slovenia pursuant to
            section 606 of the NATO Enlargement Facilitation Act of
            1996 (title VI of section 101(c) of title I of division
            A of Public Law 104-208; 22 U.S.C. 1928 note) and the
            designation of Romania, Estonia, Latvia, Lithuania, and
            Bulgaria pursuant to section 2703(b) of the European
            Security Act of 1998 (title XXVII of division G of
            Public Law 105-277; 22 U.S.C. 1928 note) as eligible to
            receive assistance under the program established under
            section 203(a) of the NATO Participation Act of 1994;
            and
              (2) shall not preclude the designation by the
            President of other emerging democracies in Central and
            Eastern Europe pursuant to section 203(d)(2) of the
            NATO Participation Act of 1994 as eligible to receive
            assistance under the program established under section
            203(a) of such Act.

    SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
                        UNDER THE NATO PARTICIPATION ACT OF 1994.

        (a) Authorization of Foreign Military Financing.--Of the
    amounts made available for fiscal year 2002 under section 23 of
    the Arms Export Control Act (22 U.S.C. 2763)--
              (1) $6,500,000 is authorized to be available on a
            grant basis for Estonia;
              (2) $7,000,000 is authorized to be available on a
            grant basis for Latvia;
              (3) $7,500,000 is authorized to be available on a
            grant basis for Lithuania;
              (4) $8,500,000 is authorized to be available on a
            grant basis for Slovakia;
              (5) $4,500,000 is authorized to be available on a
            grant basis for Slovenia;
              (6) $10,000,000 is authorized to be available on a
            grant basis for Bulgaria; and
              (7) $11,500,000 is authorized to be available on a
            grant basis for Romania.
        (b) \2\ Conforming Amendment.--Subsection (a) of section
    515 of the Security Assistance Act of 2000 (Public Law 106-280)
    is amended by striking paragraphs (1), (5), (6), (7), and (8)
    and redesignating paragraphs (2), (3), (4), and (9) as
    paragraphs (1) through (4), respectively.
    ---------------------------------------------------------------------------
        \2\ For amended text, see page 456.
                      (3) Security Assistance Act of 2000

    Partial text of Public Law 106-280 [H.R. 4919], 114 Stat. 845, approved
      October 6, 2000; amended by Public Law 107-187 [Gerald B.H. Solomon
    Freedom Consolidation Act of 2002; H.R. 3167], 116 Stat. 590, approved
          June 10, 2002; and by Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

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

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

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

        (a) Short Title.--This Act may be cited as the ``Security
    Assistance Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. See also Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1425), in Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this Act
    is as follows:

                                                                        Page

    Sec. 1. Short title; table of contents............................   446
    Sec. 2. Definition................................................   447

                    TITLE I--MILITARY AND RELATED ASSISTANCE

          Subtitle A--Foreign Military Sales and Financing Authorities

    Sec. 101. Authorization of appropriations.........................   447
    Sec. 102. Requirements relating to country exemptions for
        licensing of defense items for export to foreign countries....   448

        Subtitle B--Stockpiling of Defense Articles for Foreign Countries

    Sec. 111. Additions to United States war reserve stockpiles for
        allies........................................................   448
    Sec. 112. Transfer of certain obsolete or surplus defense articles
        in the war reserve stockpiles for allies to Israel............   448

                          Subtitle C--Other Assistance

    Sec. 121. Defense drawdown special authorities....................   449
    Sec. 122. Increased authority for the transport of excess defense
        articles......................................................   449

             TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    Sec. 201. Authorization of appropriations.........................   449
    Sec. 202. Additional requirements.................................   449

            TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

    Sec. 301. Nonproliferation and export control assistance..........   450
    Sec. 302. Nonproliferation and export control training in the
        United States.................................................   450
    Sec. 303. Science and technology centers..........................   450
    Sec. 304. Trial transit program...................................   450
    Sec. 305. Exception to authority to conduct inspections under the
        Chemical Weapons Convention Implementation Act of 1998........   451

                       TITLE IV--ANTITERRORISM ASSISTANCE

    Sec. 401. Authorization of appropriations.........................   451

                TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING

      Subtitle A--Establishment of a National Security Assistance Strategy

    Sec. 501. National Security Assistance Strategy...................   451

                  Subtitle B--Allocations for Certain Countries

    Sec. 511. Security assistance for new NATO members................   452
    Sec. 512. Increased training assistance for Greece and Turkey.....   452
    Sec. 513. Assistance for Israel...................................   452
    Sec. 514. Assistance for Egypt....................................   454
    Sec. 515. Security assistance for certain countries...............   456
    Sec. 516. Border security and territorial independence............   456

                      TITLE VI--TRANSFERS OF NAVAL VESSELS

    Sec. 601. Authority to transfer naval vessels to certain foreign
        countries.....................................................   457
    Sec. 602. Inapplicability of aggregate annual limitation on value
        of transferred excess defense articles........................   457
    Sec. 603. Costs of transfers......................................   457
    Sec. 604. Conditions relating to combined lease-sale transfers....   457
    Sec. 605. Funding of certain costs of transfers...................   458
    Sec. 606. Repair and refurbishment in United States shipyards.....   458
    Sec. 607. Sense of the Congress regarding transfer of naval
        vessels on a grant basis......................................   458
    Sec. 608. Expiration of authority.................................   458

                       TITLE VII--MISCELLANEOUS PROVISIONS

    Sec. 701. Utilization of defense articles and defense services....   459
    Sec. 702. Annual military assistance report.......................   459
    Sec. 703. Report on government-to-government arms sales end-use
        monitoring program............................................   459
    Sec. 704. MTCR report transmittals................................   459
    Sec. 705. Stinger missiles in the Persian Gulf region.............   459
    Sec. 706. Sense of the Congress regarding excess defense articles.   459
    Sec. 707. Excess defense articles for Mongolia....................   460
    Sec. 708. Space cooperation with Russian persons..................   460
    Sec. 709. Sense of the Congress relating to military equipment for
        the Philippines...............................................   461
    Sec. 710. Waiver of certain costs.................................   462

    SEC. 2.\2\ DEFINITION.

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

                    TITLE I--MILITARY AND RELATED ASSISTANCE

          Subtitle A--Foreign Military Sales and Financing Authorities

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

        (a) Requirements of Exemption.--Section 38 of the Arms
    Export Control Act (22 U.S.C. 2778) is amended by adding at the
    end the following: * * * \3\
    ---------------------------------------------------------------------------
        \3\ For text of the Arms Export Control Act, as amended, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) Notification of Exemption.--Section 38(f) of the Arms
    Export Control Act (22 U.S.C. 2778(f)) is amended--* * *
        (c) Exports of Commercial Communications Satellites.--
              (1) Amendment of the Arms Export Control Act.--
            Section 36(c)(2) of the Arms Export Control Act (22
            U.S.C. 2776(c)(2)) is amended--* * *
              (2) Sense of the Congress.--It is the sense of the
            Congress that the appropriate committees of Congress
            and the appropriate agencies of the United States
            Government should review the commodity jurisdiction of
            United States commercial communications satellites.
        (d) Sense of the Congress on Submission to the Senate of
    Certain Agreements as Treaties.--It is the sense of the
    Congress that, prior to amending the International Traffic in
    Arms Regulations, the Secretary of State should consult with
    the appropriate committees of Congress for the purpose of
    determining whether certain agreements regarding defense trade
    with the United Kingdom and Australia should be submitted to
    the Senate as treaties.

       Subtitle B--Stockpiling of Defense Articles for Foreign Countries

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

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

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

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

                          Subtitle C--Other Assistance

    SEC. 121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

        (a) Emergency Drawdown.--Section 506(a)(2)(B) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) is
    amended by striking ``$150,000,000'' and inserting
    ``$200,000,000''.
        (b) Additional Drawdown.--Section 506(a)(2)(A)(i) of such
    Act (22 U.S.C. 2318(a)(2)(A)(i)) is amended--* * * \4\
    ---------------------------------------------------------------------------
        \4\ For text of the Foreign Assistance Act of 1961, as amended, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

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

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

            TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

    SEC. 202. ADDITIONAL REQUIREMENTS.

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

           TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

    SEC. 301. NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE.

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

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

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

    SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.

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

    SEC. 304. TRIAL TRANSIT PROGRAM.

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

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

        Section 303 of the Chemical Weapons Convention
    Implementation Act of 1998 (22 U.S.C. 6723) is amended by
    adding at the end the following new subsection: * * * \7\
    ---------------------------------------------------------------------------
        \7\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. II.
    ---------------------------------------------------------------------------

                       TITLE IV--ANTITERRORISM ASSISTANCE

    SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING

      Subtitle A--Establishment of a National Security Assistance Strategy

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

        (a) Multiyear Plan.--Not later than 180 days after the date
    of the enactment of this Act, and annually thereafter at the
    time of submission of the congressional presentation materials
    of the foreign operations appropriations budget request, the
    Secretary of State should submit to the appropriate committees
    of Congress a plan setting forth a National Security Assistance
    Strategy for the United States.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2305. See also title XV of Public Law 107-228 (116
    Stat. 1458), particularly secs. 1501 and 1502, beginning at page 436.
    ---------------------------------------------------------------------------
        (b) Elements of the Strategy.--The National Security
    Assistance Strategy should--
              (1) set forth a multi-year plan for security
            assistance programs;
              (2) be consistent with the National Security Strategy
            of the United States;
              (3) be coordinated with the Secretary of Defense and
            the Chairman of the Joint Chiefs of Staff;
              (4) be prepared, in consultation with other agencies,
            as appropriate;
              (5) identify overarching security assistance
            objectives, including identification of the role that
            specific security assistance programs will play in
            achieving such objectives;
              (6) identify a primary security assistance objective,
            as well as specific secondary objectives, for
            individual countries;
              (7) identify, on a country-by-country basis, how
            specific resources will be allocated to accomplish both
            primary and secondary objectives;
              (8) discuss how specific types of assistance, such as
            foreign military financing and international military
            education and training, will be combined at the country
            level to achieve United States objectives; and
              (9) detail, with respect to each of the paragraphs
            (1) through (8), how specific types of assistance
            provided pursuant to the Arms Export Control Act and
            the Foreign Assistance Act of 1961 are coordinated with
            United States assistance programs managed by the
            Department of Defense and other agencies.
        (c) Covered Assistance.--The National Security Assistance
    Strategy should cover assistance provided under--
              (1) section 23 of the Arms Export Control Act (22
            U.S.C. 2763);
              (2) chapter 5 of part II of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2347 et seq.); and
              (3) section 516 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2321i).

                 Subtitle B--Allocations for Certain Countries

    SEC. 511.\9\ SECURITY ASSISTANCE FOR NEW NATO MEMBERS.

        (a) * * * [Repealed--2002]
        (b) * * * [Repealed--2002]
        (c) Select Priorities.--In providing assistance under this
    section, the President shall give priority to supporting
    activities that are consistent with the objectives set forth in
    the following conditions of the Senate resolution of
    ratification for the Protocols to the North Atlantic Treaty of
    1949 on the Accession of Poland, Hungary, and the Czech
    Republic:
    ---------------------------------------------------------------------------
        \9\ Sec. 1223(c) of the Security Assistance Act of 2002 (division B
    of Public Law 107-228; 116 Stat. 1432) repealed sec. 511(a) and (b),
    and sec. 515. Subsecs. (a) and (b) had provided as follows:
        ``(a) Foreign Military Financing.--Of the amounts made available
    for the fiscal years 2001 and 2002 under section 23 of the Arms Export
    Control Act (22 U.S.C. 2763), $30,300,000 for fiscal year 2001 and
    $35,000,000 for fiscal year 2002 are authorized to be available on a
    grant basis for all of the following countries: the Czech Republic,
    Hungary, and Poland.
        ``(b) Military Education and Training.--Of the amounts made
    available for the fiscal years 2001 and 2002 to carry out chapter 5 of
    part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.),
    $5,100,000 for fiscal year 2001 and $7,000,000 for fiscal year 2002 are
    authorized to be available for all of the following countries: the
    Czech Republic, Hungary, and Poland.''.
        See also sec. 1223 of that Act, page 413.
    ---------------------------------------------------------------------------
              (1) Condition (1)(A)(v), (vi), and (vii), relating to
            common threats, the core mission of NATO, and the
            capacity to respond to common threats.
              (2) Condition (1)(B), relating to the fundamental
            importance of collective defense.
              (3) Condition (1)(C), relating to defense planning,
            command structures, and force goals.
              (4) Conditions (4)(B)(i) and (4)(B)(ii), relating to
            intelligence matters.

    SEC. 512.\10\ * * * [REPEALED--2002]

    SEC. 513. ASSISTANCE FOR ISRAEL.

        (a) Definitions.--In this section:
    ---------------------------------------------------------------------------
        \10\ Sec. 1222(d) of the Security Assistance Act of 2002 (division
    B of Public Law 107-228; 116 Stat. 1431) repealed sec. 512, which had
    provided as follows:
    ---------------------------------------------------------------------------

    ``sec. 512. increased training assistance for greece and turkey.
    ---------------------------------------------------------------------------

        ``(a) In General.--Of the amounts made available for the fiscal
    years 2001 and 2002 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
    ---------------------------------------------------------------------------

      ``(1) $1,000,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002
    are authorized to be available for Greece; and

      ``(2) $2,500,000 for fiscal year 2001 and $2,500,000 for fiscal year 2002
    are authorized to be available for Turkey.
    ---------------------------------------------------------------------------

        ``(b) Use for Professional Military Education.--Of the amounts
    available under paragraphs (1) and (2) of subsection (a) for fiscal
    year 2002, $500,000 of each such amount should be available for
    purposes of professional military education.
        ``(c) Use for Joint Training.--It is the sense of the Congress
    that, to the maximum extent practicable, amounts available under
    subsection (a) that are used in accordance with subsection (b) should
    be used for joint training of Greek and Turkish officers.''.
        See also sec. 1222(a), (b), and (c) of that Act, page 412.
    ---------------------------------------------------------------------------
              (1) ESF assistance.--The term ``ESF assistance''
            means assistance under chapter 4 of part II of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
            seq.), relating to the economic support fund.
              (2) Foreign military financing program.--The term
            ``Foreign Military Financing Program'' means the
            program authorized by section 23 of the Arms Export
            Control Act (22 U.S.C. 2763).
        (b) ESF Assistance.--
              (1) In general.--Of the amounts made available for
            each of the fiscal years 2002 and 2003 \11\ for ESF
            assistance, the amount specified in paragraph (2) for
            each such fiscal year is authorized to be made
            available for Israel. Such funds are authorized to be
            made available on a grant basis as a cash transfer.\12\
    ---------------------------------------------------------------------------
        \11\ Sec. 1221(a)(1)(A)(i) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001
    and 2002'' and inserted in lieu thereof ``2002 and 2003''.
        \12\ Sec. 1221(a)(1)(A)(ii) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) inserted ``Such
    funds are authorized to be made available on a grant basis as a cash
    transfer.''.
    ---------------------------------------------------------------------------
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for ESF
                    assistance for Israel for the preceding fiscal
                    year, minus
                      (B) $120,000,000.
              (3) \13\ Additional esf assistance for fiscal year
            2003.--Only for fiscal year 2003, in addition to the
            amount computed under paragraph (2) for that fiscal
            year, an additional amount of $200,000,000 is
            authorized to be made available for ESF assistance for
            Israel, notwithstanding section 531(e) or 660(a) of the
            Foreign Assistance Act of 1961, for defensive,
            nonlethal, antiterrorism assistance, which amount shall
            be considered, for purposes of subsection (d), as an
            amount appropriated by an Act making supplemental
            appropriations.
    ---------------------------------------------------------------------------
        \13\ Sec. 1221(a)(1)(B) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) added para. (3).
    ---------------------------------------------------------------------------
        (c) FMF Program.--
              (1) In general.--Of the amount made available for
            each of the fiscal years 2002 and 2003 \14\ for
            assistance under the Foreign Military Financing
            Program, the amount specified in paragraph (2) for each
            such fiscal year is authorized to be made available on
            a grant basis for Israel.
    ---------------------------------------------------------------------------
        \14\ Sec. 1221(a)(2) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001
    and 2002'' and inserted in lieu thereof ``2002 and 2003''.
    ---------------------------------------------------------------------------
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for assistance
                    under the Foreign Military Financing Program
                    for Israel for the preceding fiscal year, plus
                      (B) $60,000,000.
              (3) \15\ Disbursement of funds.--Funds authorized to
            be available for Israel under subsection (b)(1) and
            paragraph (1) of this subsection for fiscal years 2002
            and 2003 shall be disbursed not later than 30 days
            after the date of enactment of an Act making
            appropriations for foreign operations, export
            financing, and related programs for fiscal year 2002,
            and not later than 30 days after the date of enactment
            of an Act making appropriations for foreign operations,
            export financing, and related programs for fiscal year
            2003, or October 31 of the respective fiscal year,
            whichever is later.
    ---------------------------------------------------------------------------
        \15\ Sec. 1221(a)(3) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) amended and restated
    para. (3). It previously read as follows:
        ``(3) Disbursement of funds.--Funds authorized to be available for
    Israel under subsection (b)(1) and paragraph (1) of this subsection for
    fiscal year 2001 shall be disbursed not later than 30 days after the
    date of the enactment of an Act making appropriations for foreign
    operations, export financing, and related programs for fiscal year
    2001, or October 31, 2000, whichever date is later.''.
    ---------------------------------------------------------------------------
              (4) Availability of funds for advanced weapons
            systems.--To the extent the Government of Israel
            requests that funds be used for such purposes, grants
            made available for Israel out of funds authorized to be
            available under paragraph (1) for Israel for fiscal
            years 2002 and 2003 \16\ shall, as agreed by Israel and
            the United States, be available for advanced weapons
            systems, of which not less than $535,000,000 for fiscal
            year 2002 and not less than $550,000,000 for fiscal
            year 2003 \17\ shall be available for the procurement
            in Israel of defense articles and defense services,
            including research and development.
    ---------------------------------------------------------------------------
        \16\ Sec. 1221(a)(4)(A) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) struck out ``fiscal
    year 2001'' and inserted in lieu thereof ``fiscal years 2002 and
    2003''.
        \17\ Sec. 1221(a)(4)(B) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) struck out
    ``$520,000,000'' and inserted in lieu thereof ``$535,000,000 for fiscal
    year 2002 and not less than $550,000,000 for fiscal year 2003''.
    ---------------------------------------------------------------------------
        (d) Exclusion of Rescissions and Supplemental
    Appropriations.--For purposes of this section, the computation
    of amounts made available for a fiscal year shall not take into
    account any amount rescinded by an Act or any amount
    appropriated by an Act making supplemental appropriations for a
    fiscal year.

    SEC. 514. ASSISTANCE FOR EGYPT.

        (a) Definitions.--In this section:
              (1) ESF assistance.--The term ``ESF assistance''
            means assistance under chapter 4 of part II of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
            seq.), relating to the economic support fund.
              (2) Foreign military financing program.--The term
            ``Foreign Military Financing Program'' means the
            program authorized by section 23 of the Arms Export
            Control Act (22 U.S.C. 2763).
        (b) ESF Assistance.--
              (1) In general.--Of the amounts made available for
            each of the fiscal years 2002 and 2003 \18\ for ESF
            assistance, the amount specified in paragraph (2) for
            each such fiscal year is authorized to be made
            available for Egypt.
    ---------------------------------------------------------------------------
        \18\ Sec. 1221(b)(1) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001
    and 2002'' each place it appeared in sec. 514 and inserted in lieu
    thereof ``2002 and 2003''.
    ---------------------------------------------------------------------------
              (2) Computation of amount.--Subject to subsection
            (d), the amount referred to in paragraph (1) is equal
            to--
                      (A) the amount made available for ESF
                    assistance for Egypt during the preceding
                    fiscal year, minus
                      (B) $40,000,000.
        (c) FMF Program.--Of the amount made available for each of
    the fiscal years 2002 and 2003 \18\ for assistance under the
    Foreign Military Financing Program, $1,300,000,000 is
    authorized to be made available on a grant basis for Egypt.
        (d) Exclusion of Rescissions and Supplemental
    Appropriations.--For purposes of this section, the computation
    of amounts made available for a fiscal year shall not take into
    account any amount rescinded by an Act or any amount
    appropriated by an Act making supplemental appropriations for a
    fiscal year.
        (e) \19\ Disbursement of Funds.--Funds estimated to be
    outlayed for Egypt under subsection (c) during fiscal years
    2002 and 2003 shall be disbursed to an interest-bearing account
    for Egypt in the Federal Reserve Bank of New York not later
    than 30 days after the date of enactment of an Act making
    appropriations for foreign operations, export financing, and
    related programs for fiscal year 2002, and not later than 30
    days after the date of enactment of an Act making
    appropriations for foreign operations, export financing, and
    related programs for fiscal year 2003, or by October 31 of the
    respective fiscal year, whichever is later, provided that--
    ---------------------------------------------------------------------------
        \19\ Sec. 1221(b)(2) of the Security Assistance Act of 2002
    (division B of Public Law 107-228; 116 Stat. 1430) amended and restated
    subsec. (e) through para. (2). It previously read as follows:
        ``(e) Disbursement of Funds.--Funds estimated to be outlayed for
    Egypt under subsection (c) during fiscal year 2001 shall be disbursed
    to an interest-bearing account for Egypt in the Federal Reserve Bank of
    New York within 30 days of the date of the enactment of this Act, or by
    October 31, 2000, whichever is later, provided that--
    ---------------------------------------------------------------------------

      ``(1) withdrawal of funds from such account shall be made only on
    authenticated instructions from the Defense Finance and Accounting Service
    of the Department of Defense;

      ``(2) in the event such account is closed, the balance of the account
    shall be transferred promptly to the appropriations account for the Foreign
    Military Financing Program; and''.

              (1) withdrawal of funds from such account shall be
            made only on authenticated instructions from the
            Defense Finance and Accounting Service of the
            Department of Defense;
              (2) in the event such account is closed, the balance
            of the account shall be transferred promptly to the
            appropriations account for the Foreign Military
            Financing Program.
              (3) none of the interest accrued by such account
            should be obligated unless the Committee on
            Appropriations and the Committee on Foreign Relations
            of the Senate and the Committee on Appropriations and
            the Committee on International Relations of the House
            of Representatives are notified.
    ---------------------------------------------------------------------------
        \20\ Sec. 1223(c) of the Security Assistance Act of 2002 (division
    B of Public Law 107-228; 116 Stat. 1432) repealed sec. 511(a) and (b)
    and sec. 515. Previously, sec. 5(b) of Public Law 107-187 (116 Stat.
    593) struck out paras. (1), (5), (6), (7), and (8) of sec. 515. Sec.
    515, prior to amendment and repeal, had read as following:
    ---------------------------------------------------------------------------

    ``sec. 515. security assistance for certain countries.
    ---------------------------------------------------------------------------

        ``(a) Foreign Military Financing.--Of the amounts made available
    for the fiscal years 2001 and 2002 under section 23 of the Arms Export
    Control Act (22 U.S.C. 2763)--
    ---------------------------------------------------------------------------

      ``(1) $18,200,000 for fiscal year 2001 and $20,500,000 for fiscal year
    2002 are authorized to be available on a grant basis for all of the
    following countries: Estonia, Latvia, and Lithuania;

      ``(2) $2,000,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002
    are authorized to be available on a grant basis for the Philippines;

      ``(3) $4,500,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002
    are authorized to be available on a grant basis for Georgia;

      ``(4) $3,000,000 for fiscal year 2001 and $3,500,000 for fiscal year 2002
    are authorized to be available on a grant basis for Malta;

      ``(5) $3,500,000 for fiscal year 2001 and $4,000,000 for fiscal year 2002
    are authorized to be available on a grant basis for Slovenia;

      ``(6) $8,400,000 for fiscal year 2001 and $8,500,000 for fiscal year 2002
    are authorized to be available on a grant basis for Slovakia;

      ``(7) $11,000,000 for fiscal year 2001 and $11,100,000 for fiscal year
    2002 are authorized to be available on a grant basis for Romania;

      ``(8) $8,500,000 for fiscal year 2001 and $8,600,000 for fiscal year 2002
    are authorized to be available on a grant basis for Bulgaria; and

      ``(9) $100,000,000 for fiscal year 2001 and $105,000,000 for fiscal year
    2002 are authorized to be available on a grant basis for Jordan.
    ---------------------------------------------------------------------------

        ``(b) IMET.--Of the amounts made available for the fiscal years
    2001 and 2002 to carry out chapter 5 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
    ---------------------------------------------------------------------------

      ``(1) $2,300,000 for fiscal year 2001 and $4,000,000 for fiscal year 2002
    are authorized to be available for all of the following countries: Estonia,
    Latvia, and Lithuania;

      ``(2) $1,400,000 for fiscal year 2001 and $1,500,000 for fiscal year 2002
    are authorized to be available for the Philippines;

      ``(3) $475,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002
    are authorized to be available for Georgia;

      ``(4) $200,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002
    are authorized to be available for Malta;

      ``(5) $700,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002
    are authorized to be available for Slovenia;

      ``(6) $700,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002
    are authorized to be available for Slovakia;

      ``(7) $1,300,000 for fiscal year 2001 and $1,500,000 for fiscal year 2002
    are authorized to be available for Romania; and

      ``(8) $1,100,000 for fiscal year 2001 and $1,200,000 for fiscal year 2002
    are authorized to be available for Bulgaria.''.

    SEC. 515.\20\ SECURITY ASSISTANCE FOR CERTAIN COUNTRIES. * * *
                        [REPEALED--2002]

    SEC. 516. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.

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

                      TITLE VI--TRANSFERS OF NAVAL VESSELS

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

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

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

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

    SEC. 603. COSTS OF TRANSFERS.

        Any expense of the United States in connection with a
    transfer authorized by this title shall be charged to the
    recipient.

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

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

    SEC. 605. FUNDING OF CERTAIN COSTS OF TRANSFERS.

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

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

        To the maximum extent practicable, the President shall
    require, as a condition of the transfer of a vessel under
    section 601, that the country to which the vessel is
    transferred will have such repair or refurbishment of the
    vessel as is needed, before the vessel joins the naval forces
    of that country, performed at a shipyard located in the United
    States, including a United States Navy shipyard.

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

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

    SEC. 608. EXPIRATION OF AUTHORITY.

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

                      TITLE VII--MISCELLANEOUS PROVISIONS

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

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

    SEC. 702. ANNUAL MILITARY ASSISTANCE REPORT.

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

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

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

    SEC. 704.\21\ 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.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 2797 note.
    ---------------------------------------------------------------------------

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

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

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

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

    SEC. 707. EXCESS DEFENSE ARTICLES FOR MONGOLIA.

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

    SEC. 708.\22\ SPACE COOPERATION WITH RUSSIAN PERSONS.

        (a) Annual Certification.--
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 2797b note.
    ---------------------------------------------------------------------------
              (1) Requirement.--The President shall submit each
            year to the appropriate committees of Congress, with
            respect to each Russian person described in paragraph
            (2), a certification that the reports required to be
            submitted to Congress during the preceding calendar
            year under section 2 of the Iran Nonproliferation Act
            of 2000 (Public Law 106-178) \23\ do not identify that
            person on account of a transfer to Iran of goods,
            services, or technology described in section 2(a)(1)(B)
            of such Act.
    ---------------------------------------------------------------------------
        \23\ For text of the Iran Nonproliferation Act, see Legislation on
    Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------
              (2) Applicability.--The certification requirement
            under paragraph (1) applies with respect to each
            Russian person that, as of the date of the
            certification, is a party to an agreement relating to
            commercial cooperation on MTCR equipment or technology
            with a United States person pursuant to an arms export
            license that was issued at any time since January 1,
            2000.
              (3) Exemption.--No activity or transfer which
            specifically has been the subject of a Presidential
            determination pursuant to section 5(a)(1), (2), or (3)
            of the Iran Nonproliferation Act of 2000 (Public Law
            106-178) shall cause a Russian person to be considered
            as having been identified in the reports submitted
            during the preceding calendar year under section 2 of
            that Act for the purposes of the certification required
            under paragraph (1).
              (4) Commencement and termination of requirement.--
                      (A) Times for submission.--The President
                    shall submit--
                              (i) the first certification under
                            paragraph (1) not later than 60 days
                            after the date of the enactment of this
                            Act; and
                              (ii) each annual certification
                            thereafter on the anniversary of the
                            first submission.
                      (B) Termination of requirement.--No
                    certification is required under paragraph (1)
                    after termination of cooperation under the
                    specific license, or 5 years after the date on
                    which the first certification is submitted,
                    whichever is the earlier date.
        (b) Termination of Existing Licenses.--If, at any time
    after the issuance of a license under section 36(c) of the Arms
    Export Control Act relating to the use, development, or co-
    production of commercial rocket engine technology with a
    foreign person, the President determines that the foreign
    person has engaged in any action described in section 73(a)(1)
    of the Arms Export Control Act (22 U.S.C. 2797b(a)(1)) since
    the date the license was issued, the President may terminate
    the license.
        (c) Report on Export Licensing of MTCR Items Under
    $50,000,000.--Section 71(d) of the Arms Export Control Act (22
    U.S.C. 2797(d)) is amended by striking ``Within 15 days'' and
    all that follows through ``MTCR Annex,'' and inserting ``Within
    15 days after the issuance of a license (including any
    brokering license) for the export of items valued at less than
    $50,000,000 that are controlled under this Act pursuant to
    United States obligations under the Missile Technology Control
    Regime and are goods or services that are intended to support
    the design, utilization, development, or production of a space
    launch vehicle system listed in Category I of the MTCR
    Annex,''.
        (d) Definitions.--In this section:
              (1) Foreign person.--The term ``foreign person'' has
            the meaning given the term in section 74(7) of the Arms
            Export Control Act (22 U.S.C. 2797c(7)).
              (2) MTCR equipment or technology.--The term ``MTCR
            equipment or technology'' has the meaning given the
            term in section 74(5) of the Arms Export Control Act
            (22 U.S.C. 2797c(5)).
              (3) Person.--The term ``person'' has the meaning
            given the term in section 74(8) of the Arms Export
            Control Act (22 U.S.C. 2797c(8)).
              (4) United states person.--The term ``United States
            person'' has the meaning given the term in section
            74(6) of the Arms Export Control Act (22 U.S.C.
            2797c(6)).

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

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

    SEC. 710. WAIVER OF CERTAIN COSTS.

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

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

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

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

                         TITLE XII--SECURITY ASSISTANCE

    SEC. 1201.\1\ SHORT TITLE.

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

                Subtitle A--Transfers of Excess Defense Articles

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

        (a) Transportation and Related Costs. * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 1211(a) amended sec. 105 of Public Law 104-164; see page
    154.
    ---------------------------------------------------------------------------
        (b) Excess Defense Articles for Greece and Turkey. * * *
    \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1211(b) amended sec. 516(b)(2) of the Foreign Assistance
    Act of 1961; see Legislation on Foreign Relations Through 2005, vol. I-
    A.
    ---------------------------------------------------------------------------

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

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

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

                 Subtitle B--Foreign Military Sales Authorities

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

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

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

        \6\ Sec. 1222 amended sec. 21(a)(1) of the Arms Export Control Act;
    see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

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

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

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

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

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

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

       Subtitle C--Stockpiling of Defense Articles for Foreign Countries

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

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

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

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

                  Subtitle D--Defense Offsets Disclosure \11\

              * * * * * * *
    ---------------------------------------------------------------------------
        \11\ Subtitle D, the Defense Offsets Disclosure Act of 1999, may be
    found beginning at page 467.
    ---------------------------------------------------------------------------

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \12\ Subtitle E, the Proliferation Prevention Enhancement Act of
    1999, may be found in Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \13\ Subtitle F, the International Arms Sales Code of Conduct Act
    of 1999, may be found beginning at page 473.
    ---------------------------------------------------------------------------

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

    SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

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

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

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

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

                     Subtitle D--Defense Offsets Disclosure

    SEC. 1241. SHORT TITLE.

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

    SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

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

    SEC. 1243. DEFINITIONS.

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

    SEC. 1244. SENSE OF CONGRESS.

        It is the sense of Congress that--
              (1) the executive branch should pursue efforts to
            address trade fairness by establishing reasonable,
            business-friendly standards for the use of offsets in
            international business transactions between the United
            States and its trading partners and competitors;
              (2) the Secretary of Defense, the Secretary of State,
            the Secretary of Commerce, and the United States Trade
            Representative, or their designees, should raise with
            other industrialized nations at every suitable venue
            the need for transparency and reasonable standards to
            govern the role of offsets in international defense
            trade;
              (3) the United States Government should enter into
            discussions regarding the establishment of multilateral
            standards for the use of offsets in international
            defense trade through the appropriate multilateral
            fora, including such organizations as the Transatlantic
            Economic Partnership, the Wassenaar Arrangement, the G-
            8, and the World Trade Organization; and
              (4) the United States Government, in entering into
            the discussions described in paragraph (3), should take
            into account the distortions produced by the provision
            of other benefits and subsidies, such as export
            financing, by various countries to support defense
            trade.
    ---------------------------------------------------------------------------
        \1\ Sec. 1245 amended sec. 36 of the Arms Export Control Act; see
    Legislation on Foreign Relations Through 2005, vol. I-A.
        \2\ Sec. 1246 amended sec. 39A of the Arms Export Control Act.
    ---------------------------------------------------------------------------

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

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

    SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

        (a) In General.--There is established a National Commission
    on the Use of Offsets in Defense Trade (in this section
    referred to as the ``Commission'') to address all aspects of
    the use of offsets in international defense trade.
        (b) Commission Membership.--Not later than 120 days after
    the date of enactment of this Act, the President, with the
    concurrence of the Majority and Minority Leaders of the Senate
    and the Speaker and Minority Leader of the House of
    Representatives, shall appoint 11 individuals to serve as
    members of the Commission. Commission membership shall
    include--
              (1) representatives from the private sector,
            including--
                      (A) one each from--
                              (i) a labor organization,
                              (ii) a United States defense
                            manufacturing company dependent on
                            foreign sales,
                              (iii) a United States company
                            dependent on foreign sales that is not
                            a defense manufacturer, and
                              (iv) a United States company that
                            specializes in international
                            investment, and
                      (B) two members from academia with widely
                    recognized expertise in international
                    economics; and
              (2) five members from the executive branch, including
            a member from--
                      (A) the Office of Management and Budget,
                      (B) the Department of Commerce,
                      (C) the Department of Defense,
                      (D) the Department of State, and
                      (E) the Department of Labor.
    The member designated from the Office of Management and Budget
    shall serve as Chairperson of the Commission. The President
    shall ensure that the Commission is nonpartisan and that the
    full range of perspectives on the subject of offsets in the
    defense industry is adequately represented.
        (c) Dutied.--The Commission shall be responsible for
    reviewing and reporting on--
              (1) the full range of current practices by foreign
            governments in requiring offsets in purchasing
            agreements and the extent and nature of offsets offered
            by United States and foreign defense industry
            contractors;
              (2) the impact of the use of offsets on defense
            subcontractors and nondefense industrial sectors
            affected by indirect offsets; and
              (3) the role of offsets, both direct and indirect, on
            domestic industry stability, United States trade
            competitiveness and national security.
        (d) Commission Report.--Not later than 12 months after the
    Commission is established, the Commission shall submit a report
    to the appropriate congressional committees. In addition to the
    items described under subsection (c), the report shall
    include--
              (1) an analysis of--
                      (A) the collateral impact of offsets on
                    industry sectors that may be different than
                    those of the contractor providing the offsets,
                    including estimates of contracts and jobs lost
                    as well as an assessment of damage to
                    industrial sectors;
                      (B) the role of offsets with respect to
                    competitiveness of the United States defense
                    industry in international trade and the
                    potential damage to the ability of United
                    States contractors to compete if offsets were
                    prohibited or limited; and
                      (C) the impact on United States national
                    security, and upon United States
                    nonproliferation objectives, of the use of
                    coproduction, subcontracting, and technology
                    transfer with foreign governments or companies
                    that results from fulfilling offset
                    requirements, with particular emphasis on the
                    question of dependency upon foreign nations for
                    the supply of critical components or
                    technology;
              (2) proposals for unilateral, bilateral, or
            multilateral measures aimed at reducing any detrimental
            effects of offsets; and
              (3) an identification of the appropriate executive
            branch agencies to be responsible for monitoring the
            use of offsets in international defense trade.
        (e) Period of Appointment; Vacancies.--Members shall be
    appointed for the life of the Commission. Any vacancy in the
    Commission shall not affect its powers, but shall be filled in
    the same manner as the original appointment.
        (f) Initial Meeting.--Not later than 30 days after the date
    on which all members of the Commission have been appointed, the
    Commission shall hold its first meeting.
        (g) Meetings.--The Commission shall meet at the call of the
    Chairman.
        (h) Commission Personnel Matters.--
              (1) Compensation of members.--Each member of the
            Commission who is not an officer or employee of the
            Federal Government shall be compensated at a rate equal
            to the daily equivalent of the annual rate of basic pay
            prescribed for level IV of the Executive Schedule under
            section 5315 of title 5, United States Code,\3\ for
            each day (including travel time) during which such
            member is engaged in the performance of the duties of
            the Commission. All members of the Commission who are
            officers or employees of the United States shall serve
            without compensation in addition to that received for
            their services as officers or employees of the United
            States.
    ---------------------------------------------------------------------------
        \3\ 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) Travel expenses.--The members of the Commission
            shall be allowed travel expenses, including per diem in
            lieu of subsistence, at rates authorized for employees
            of agencies under subchapter I of chapter 57 of title
            5, United States Code, while away from their homes or
            regular places of business in the performance of
            services for the Commission.
              (3) Staff.--
                      (A) In general.--The Chairman of the
                    Commission may, without regard to the civil
                    service laws and regulations, appoint and
                    terminate an executive director and such other
                    additional personnel as may be necessary to
                    enable the Commission to perform its duties.
                    The employment of an executive director shall
                    be subject to confirmation by the Commission.
                      (B) Compensation.--The Chairman of the
                    Commission may fix the compensation of the
                    executive director and other personnel without
                    regard to the provisions of chapter 51 and
                    subchapter III of chapter 53 of title 5, United
                    States Code, relating to classification of
                    positions and General Schedule pay rates,
                    except that the rate of pay for the executive
                    director and other personnel may not exceed the
                    rate payable for level V of the Executive
                    Schedule under section 5316 of such title.\4\
    ---------------------------------------------------------------------------
        \4\ 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).
    ---------------------------------------------------------------------------
              (4) Detail of government employees.--Any Federal
            Government employee may be detailed to the Commission
            without reimbursement, and such detail shall be without
            interruption or loss of civil service status or
            privilege.
              (5) Procurement of temporary and intermittent
            services.--The Chairman of the Commission may procure
            temporary and intermittent services under section
            3109(b) of title 5, United States Code, at rates for
            individuals which do not exceed the daily equivalent of
            the annual rate of basic pay prescribed for level V of
            the Executive Schedule under section 5316 of such
            title.
        (i) Termination.--The Commission shall terminate 30 days
    after the transmission of the report from the President as
    mandated in section 1248(b).

    SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

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

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

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

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

      Subtitle F--International Arms Sales Code of Conduct Act of 1999 \1\

    SEC. 1261. SHORT TITLE.

        This subtitle may be cited as the ``International Arms
    Sales Code of Conduct Act of 1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------

    SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

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

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

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

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

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

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

              * * * * * * *
        Sec. 2. (a)(1) The Congress reaffirms the policy of the
    United States to seek to improve and harmonize relations among
    the allies of the United States and between the United States
    and its allies, in the interest of mutual defense and national
    security. In particular, the Congress recognizes the special
    contribution to the North Atlantic Alliance of Greece and
    Turkey by virtue of their geographic position on the
    southeastern flank of Europe and is prepared to assist in the
    modernization and strengthening of their respective armed
    forces.
        (2) The Congress further reaffirms the policy of the United
    States to alleviate the suffering of refugees and other victims
    of armed conflict and to foster and promote international
    efforts to ameliorate the conditions which prevent such persons
    from resuming normal and productive lives. The Congress,
    therefore, calls upon the President to encourage and to
    cooperate in the implementation of multilateral programs, under
    the auspices of the Secretary General of the United Nations,
    the United Nations High Commissioner for Refugees, or other
    appropriate international agencies, for the relief of and
    assistance to refugees and other persons disadvantaged by the
    hostilities on Cyprus pending a final settlement of the Cyprus
    refugee situation in the spirit of Security Council Resolution
    361.
        (b)(1) In order that the purposes of this Act may be
    carried out without awaiting the enactment of foreign
    assistance legislation for fiscal year 1976 programs--
              (A) the President is authorized, notwithstanding
            section 620 of the Foreign Assistance Act of 1961, to
            furnish to the Government of Turkey those defense
            articles and defense services with respect to which
            contracts of sale were signed under section 21 or
            section 22 of the Foreign Military Sales Act on or
            before February 5, 1975, and to issue licenses for the
            transportation to the Government of Turkey of arms,
            ammunition, and implements of war (including technical
            data relating thereto): Provided, That such
            authorization shall be effective only while Turkey
            shall observe the cease-fire and shall neither increase
            its forces on Cyprus nor transfer to Cyprus any United
            States supplied implements of war: Provided further,
            That the authorities contained in this section shall
            not become effective unless and until the President
            determines and certifies to the Congress that the
            furnishing of defense articles and defense services,
            and the issuance of licenses for the transportation of
            implements of war, arms and ammunition under this
            section are important to the national security
            interests of the United States;
              (B) the President is requested to initiate
            discussions with the Government of Greece to determine
            the most urgent needs of Greece for economic and
            military assistance; and
              (C) the President is requested to initiate
            discussions with the Government of Turkey concerning
            effective means of preventing the diversion of opium
            poppy into illicit channels.
        (2) The President is directed to submit to the Speaker of
    the House of Representatives and to the Foreign Relations and
    Appropriations Committee of the Senate within sixty days after
    the enactment of this Act a report on discussions conducted
    under subsections (b)(1) (B) and (C), together with his
    recommendations for economic and military assistance to Greece
    for the fiscal year 1976.
        (c)(1) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Subsecs. (1) and (2) amended sec. 620(x) of the Foreign
    Assistance Act of 1961; see Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------
        (2) \1\ * * *
        (3) Nothing in this section shall be construed as
    authorizing (A) military assistance to Turkey under chapter 2
    of part II of the Foreign Assistance Act of 1961, or (B) sales,
    credits, or guaranties to or on behalf of Turkey under the
    Foreign Military Sales Act for the procurement of defense
    articles or defense services not determined by the President to
    be needed for the fulfillment of Turkey's North Atlantic Treaty
    Organization responsibilities.
        (4) Pursuant to the provisions of this section, in the case
    of any letter of offer to sell any defense article or defense
    service pursuant to the Foreign Military Sales Act for
    $25,000,000 or more, the President shall submit to the Speaker
    of the House of Representatives and to the chairman of the
    Committee on Foreign Relations of the Senate a statement
    containing (A) a brief description of the defense article or
    defense service to be offered, (B) the dollar amount of the
    proposed sale, (C) the United States Armed Force which is
    making the sale, and (D) the date on which any letter of offer
    to sell is to be issued. The letter of offer shall not be
    issued if the Congress, within twenty calendar days after
    receiving any such statement, adopts a concurrent resolution
    stating in effect that it objects to such proposed sale.
        (5) This subsection shall become effective only upon
    enactment of foreign assistance legislation authorizing sales,
    credits, and guaranties under the Foreign Military Sales Act
    for fiscal year 1976.\2\
    ---------------------------------------------------------------------------
        \2\ Such authorization became effective upon enactment of the
    International Security Assistance and Arms Export Control Act of 1976
    (Public Law 94-329; 90 Stat. 729), approved June 30, 1976.
                 (9) Emergency Security Assistance Act of 1973

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

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

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Emergency Security Assistance Act of
    1973''.
        Sec. 2.\1\ In addition to such amounts as may be otherwise
    authorized to be appropriated to the President for security
    assistance for the fiscal year 1974, there are hereby
    authorized to be appropriated to the President not to exceed
    $2,200,000,000 for emergency military assistance or foreign
    military sales credits, or for both as the President may
    determine, for Israel, of which sum amounts in excess of
    $1,500,000,000 may be used pursuant to this section or section
    4 of this Act only if the President (1) determines it to be
    important to our national interest that Israel receive
    assistance hereunder exceeding $1,500,000,000, and (2) reports
    to Congress each such determination (if more than one) at least
    twenty days prior to date on which funds are obligated or
    expended under this Act in excess of such $1,500,000,000
    limitation. The twenty-day requirement contained in the
    preceding sentence shall not apply if hostilities are renewed
    in the Middle East. The President shall include in his report
    the amount of funds to be used pursuant to the determination,
    the terms of the additional assistance under section 2 or
    section 4, and the justification for the determination. All
    information contained in the justification shall be public
    information except to the extent that the President concludes
    that publication would be incompatible with the security
    interests of the United States.
    ---------------------------------------------------------------------------
        \1\ FA Appropriation Act, 1974: ``$2,200,000,000: Provided, That
    the funds appropriated in this paragraph shall be available only upon
    enactment into law of authorizing legislation: Provided further, That
    any part of any funds appropriated in this paragraph used to furnish
    military assistance shall be accounted for in accordance with section
    108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438), as
    amended: Provided further, That of the funds appropriated under this
    paragraph, not more than $1,500,000,000 may be available for grant
    military assistance: Provided further, That none of the funds
    appropriated in this paragraph in excess of $1,700,000,000 shall be
    obligated unless the President determines such obligations will be in
    the national interest and provides Congress with detailed
    justifications and notification ten days prior to any such obligation
    of funds.''
        The FA Appropriation Act, 1974 required 10 days notification prior
    to any such obligation of funds.
        The President issued a memorandum on March 1, 1974 (39 F.R. 10417),
    delegating functions under secs. 2 and 6 of this Act to the Secretary
    of State and delegating the function of providing military assistance
    or foreign military sales credits to the Secretary of Defense. The
    President, furthermore, stated: ``I hereby allocate from the
    appropriation for `Energy Security Assistance for Israel' to the
    Secretary of Defense, $2,200,000,000.00. This allocation is subject to
    the limitations imposed by the provisos in the provision appropriating
    these funds and subject to apportionment of the necessary funds by the
    Office of Management and Budget. I direct the Secretary of Defense to
    allocate to the Secretary of State such sums from the $2,200,000,000.00
    as may be necessary from time to time for payment by the United States
    of its share of the expenses of the United Nations Emergency Force in
    the Middle East, as apportioned by the United Nations in accordance
    with article 17 of the United Nations Charter as authorized in Section
    6 of Public Law 93-199, the Emergency Security Assistance Act of
    1973.''.
    ---------------------------------------------------------------------------
        Sec. 3. Military assistance furnished out of funds
    appropriated under section 2 of this Act shall be furnished in
    accordance with all of the provisions applicable to military
    assistance under the Foreign Assistance Act of 1961 (75 Stat.
    424; Public Law 87-195), as amended. Foreign military sales
    credits extended to Israel out of such funds shall be provided
    on such terms and conditions as the President may determine and
    without regard to the provisions of the Foreign Military Sales
    Act (82 Stat. 1320; Public Law 90-629), as amended.
        Sec. 4. At any time prior to June 30, 1974, the President
    is hereby authorized, within the limits of funds appropriated
    under section 2 of this Act for Israel, to release Israel from
    its contractual liability to pay for defense articles and
    defense services purchased or financed under the said Foreign
    Military Sales Act or under this Act during the period
    beginning October 6, 1973, and ending June 30, 1974, and such
    funds shall be used to reimburse current applicable
    appropriations, funds, and accounts of the Department of
    Defense for the value of such defense articles and defense
    services.
        Sec. 5.\2\ * * * [Repealed--1978]
    ---------------------------------------------------------------------------
        \2\ Sec. 5, which required the Secretary of Defense to submit a
    report to the Congress on the effectiveness of the foreign military
    assistance program as it related to the Middle East conflict, was
    repealed by sec. 29(c)(3) of the International Security Assistance Act
    of 1978 (92 Stat. 747).
    ---------------------------------------------------------------------------
        Sec. 6. Of the funds appropriated pursuant to section 2,
    the President may use such sums as may be necessary from time
    to time for payment by the United States of its share of the
    expenses of the United Nations Emergency Force in the Middle
    East, as apportioned by the United Nations in accordance with
    article 17 of the United Nations Charter.
                  (10) Mutual Security Act of 1959, as amended

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

     AN ACT To amend further the Mutual Security Act of 1954, as amended,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Mutual Security Act of 1959''.
              * * * * * * *

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

              * * * * * * *

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

              * * * * * * *

                 colombo plan council for technical cooperation

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

      Retained provisions of Public Law 83-665 [H.R. 9678], 68 Stat. 832,
                      approved August 26, 1954, as amended

              * * * * * * *
        Sec. 402.\1\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \1\ Formerly at 22 U.S.C. 1922. Sec. 228 of the Federal Agriculture
    Improvement and Reform Act of 1996 (Public Law 104-127; 110 Stat. 963)
    repealed sec. 402, relating to earmarking of funds.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 408.\2\ North Atlantic Treaty Organization.--(a) In
    order to provide for United States participation in the North
    Atlantic Treaty Organization, there is hereby authorized to be
    appropriated such amounts as may be necessary from time to time
    for the payment by the United States of its share of the
    expenses of the Organization and all necessary salaries and
    expenses of the United States permanent representative to the
    Organization, of such persons as may be appointed to represent
    the United States in the subsidiary bodies of the Organization
    or in any multilateral organization which participates in
    achieving the aims of the North Atlantic Treaty, and of their
    appropriate staffs, and the expenses of participation in
    meetings of such organizations, including salaries, expenses,
    and allowances of personnel and dependents as authorized by the
    Foreign Service Act of 1980 \3\ and allowances and expenses as
    provided in section 6 of the Act of July 30, 1946 (22 U.S.C.
    287r).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 1928. Sec. 8(h) of Public Law 85-141 (71 Stat. 361),
    eliminated provisions authorizing appropriations of not more than
    $3,200,000 for the fiscal year 1955.
        \3\ The reference to the Foreign Service Act of 1980 was
    substituted in lieu of a reference to the Foreign Service Act of 1946
    by sec. 2206(6) of Public Law 96-465 (94 Stat. 2161).
    ---------------------------------------------------------------------------
        (b) The United States permanent representative to the North
    Atlantic Treaty Organization shall be appointed by the
    President by and with the advice and consent of the Senate and
    shall hold office at the pleasure of the President. Such
    representative shall have the rank and status of ambassador
    extraordinary and plenipotentiary and shall be a chief of
    mission under the Foreign Service Act of 1980.\4\
    ---------------------------------------------------------------------------
        \4\ The reference to the chief of mission under the Foreign Service
    Act of 1980 was substituted in lieu of a reference to the chief of
    mission, class 1, within the meaning of the Foreign Service Act of 1946
    by sec. 2206(6) of Public Law 96-465 (94 Stat. 2161).
    ---------------------------------------------------------------------------
        (c) Persons detailed to the international staff of the
    North Atlantic Treaty Organization in accordance with section
    628 of the Foreign Assistance Act of 1961 who are members of
    the Foreign Service serving under limited appointments may
    serve for periods of more than five years \5\ notwithstanding
    the limitation in section 309 of the Foreign Service Act of
    1980.\6\
    ---------------------------------------------------------------------------
        \5\ Sec. 205(h) of Public Law 86-108 (73 Stat. 250), substituted
    ``five years'' for ``four years'' in subsec. (c).
        \6\ Sec. 2206(6) of Public Law 96-465 (94 Stat. 2161) substituted
    the words to this point beginning with ``section 628 * * *'' in lieu of
    text which made reference to sec. 529 of the Mutual Security Act of
    1954 and to sec. 522 of the Foreign Service Act of 1946.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 417.\7\ Irish Counterpart.--Pursuant to section
    115(b)(6) of the Economic Cooperation Act of 1948, as amended,
    the disposition within Ireland of the unencumbered balance, in
    the amount of approximately 6,000,000 Irish pounds, of the
    special account of Irish funds established under article IV of
    the Economic Cooperation Agreement between the United States of
    America and Ireland, dated June 28, 1948, for the purposes of--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 1937.
    ---------------------------------------------------------------------------
              (1) scholarship exchange between the United States
            and Ireland;
              (2) other programs and projects (including the
            establishment of an Agricultural Institute) to improve
            and develop the agricultural production and marketing
            potential of Ireland and to increase the production and
            efficiency of Irish industry; and
              (3) development programs and projects in aid of the
            foregoing objectives, is hereby approved, as provided
            in the agreement between the Government of the United
            States of America and the Government of Ireland, dated
            June 17, 1954.
              * * * * * * *
        Sec. 502.\8\ Use of Foreign Currency.--(a) Notwithstanding
    section 1415 of the Supplemental Appropriation Act, 1953, or
    any other provision of law, proceeds of sales made under
    section 550 of the Mutual Security Act of 1951, as amended,
    shall remain available and shall be used for any purposes of
    this Act, giving particular regard to the following purposes--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 1754.
    ---------------------------------------------------------------------------
              (1) for providing military assistance to nations or
            mutual defense organizations eligible to receive
            assistance under this Act;
              (2) for purchase of goods or services in friendly
            nations;
              (3) for loans, under applicable provisions of this
            Act, to increase production of goods or services,
            including strategic materials, needed in any nation
            with which an agreement was negotiated, or in other
            friendly nations, with the authority to use currencies
            received in repayment for the purposes stated in this
            section or for deposit to the general account of the
            Treasury of the United States;
              (4) for developing new markets on a mutually
            beneficial basis;
              (5) for grants-in-aid to increase production for
            domestic needs in friendly countries; and
              (6) for purchasing materials for United States
            stockpiles.
        (b) \9\ (1)(A) Notwithstanding section 1415 of the
    Supplemental Appropriation Act, 1953, or any other provision of
    law--
    ---------------------------------------------------------------------------
        \9\ Subsec. (b) was amended and restated by sec. 22(a) of the
    International Security Assistance Act of 1978 (Public Law 95-384, 92
    Stat. 742). Sec. 22(b) of the same Act stated that this section shall
    take effect on the date of enactment of this Act, ``notwithstanding
    section 30 of this Act.'' For text of sec. 30, see Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              (i) local currencies owned by the United States which
            are in excess of the amounts reserved under section
            612(a) of the Foreign Assistance Act of 1961 and of the
            requirements of the United States Government in payment
            of its obligations outside of the United States, as
            such requirements may be determined from time to time
            by the President; and
              (ii) any other local currencies owned by the United
            States in amounts not to exceed the equivalent of $75
            per day per person or the maximum per diem allowance
            established under the authority of subchapter 1 of
            chapter 57 of title 5 of the United States Code for
            employees of the United States Government while
            traveling in a foreign country, whichever is greater,
            exclusive of the actual cost of transportation;
    shall be made available to Members and employees of the
    Congress for their local currency expenses when authorized as
    provided in subparagraph (B).
        (B) The authorization required for purposes of subparagraph
    (A) may be provided--
              (i) by the Speaker of the House of Representatives in
            the case of a Member or employee of the House;
              (ii) by the chairman of a standing or select
            committee of the House of Representatives in the case
            of a member or employee of that committee;
              (iii) by the President of the Senate, the President
            pro tempore of the Senate, the Majority Leader of the
            Senate, or the Minority Leader of the Senate, in the
            case of a Member or employee of the Senate;
              (iv) by the chairman of a standing, select, or
            special committee of the Senate in the case of a member
            or employee of that committee or of an employee of a
            member of that committee; and
              (v) by the chairman of a joint committee of the
            Congress in the case of a member or employee of that
            committee.
        (C) Whenever local currencies owned by the United States
    are not otherwise available for purposes of this subsection,
    the Secretary of the Treasury shall purchase such local
    currencies as may be necessary for such purposes, using any
    funds in the Treasury not otherwise appropriated.
        (2) On a quarterly basis, the chairman of each committee of
    the House of Representatives or the Senate and of each joint
    committee of the Congress (A) shall prepare a consolidated
    report (i) which itemizes the amounts and dollar equivalent
    values of each foreign currency expended and the amounts of
    dollar expenditures from appropriated funds in connection with
    travel outside the United States, stating the purposes of the
    expenditures including per diem (lodging and meals),
    transportation, and other purposes, and (ii) which shows the
    total itemized expenditures, by such committee and by each
    member or employee of such committee (including in the case of
    a committee of the Senate, each employee of a member of the
    committee who received an authorization under paragraph (1)
    from the chairman of the committee); and (B) shall forward such
    consolidated report to the Clerk of the House of
    Representatives (if the committee is a committee of the House
    of Representatives or a joint committee whose funds are
    disbursed by the Chief Administrative Officer \10\ of the
    House) or to the Secretary of the Senate (if the committee is a
    committee of the Senate or a joint committee whose funds are
    disbursed by the Secretary of the Senate). Each such
    consolidated report shall be open to public inspection and
    shall be published in the Congressional Record within ten
    legislative days after the report is forwarded pursuant to this
    paragraph. In the case of the Select Committee on Intelligence
    of the Senate and the Permanent Select Committee on
    Intelligence of the House of Representatives, such consolidated
    report may, in the discretion of the chairman of the committee,
    omit such information as would identify the foreign countries
    in which members and employees of that committee traveled.
    ---------------------------------------------------------------------------
        \10\ Sec. 218(2) of Public Law 104-184 (110 Stat. 1747) struck out
    ``Clerk'' the second place it appears in the first sentences of subsec.
    (b)(2) and subsec. (b)(3)(A), and inserted in lieu thereof ``Chief
    Administrative Officer''.
    ---------------------------------------------------------------------------
        (3)(A) Each Member or employee who receives an
    authorization under paragraph (1) from the Speaker of the House
    of Representatives, the President of the Senate, the President
    pro tempore of the Senate, the Majority Leader of the Senate,
    or the Minority Leader of the Senate, shall within thirty days
    after the completion of the travel involved, submit a report
    setting forth the information specified in paragraph (2), to
    the extent applicable, to the Clerk of the House of
    Representatives (in the case of a Member of the House or an
    employee whose salary is disbursed by the Chief Administrative
    Officer \10\ of the House) or the Secretary of the Senate (in
    the case of a Member of the Senate or an employee whose salary
    is disbursed by the Secretary of the Senate). In the case of an
    authorization for a group of Members or employees, such reports
    shall be submitted for all Members of the group by its
    chairman, or if there is no designated chairman, by the ranking
    Member or if the group does not include a Member, by the senior
    employee in the group. Each report submitted pursuant to this
    subparagraph shall be open to public inspection.
        (B) On a quarterly basis, the Clerk of the House of
    Representatives and the Secretary of the Senate shall each
    prepare a consolidation of the reports received by them under
    this paragraph with respect to expenditures during the
    preceding quarter by each Member and employee or by each group
    in the case of expenditures made on behalf of a group which are
    not allocable to individual members of the group. Each such
    consolidation shall be open to public inspection and shall be
    published in the Congressional Record within ten legislative
    days after its completion.
              * * * * * * *
        Sec. 514.\11\ International Educational Exchange
    Activities.--Foreign currencies or credits owed to or owned by
    the United States, where arising from this act or otherwise,
    shall, upon a request from the Secretary of State certifying
    that such funds are required for the purpose of international
    educational exchange activities under programs authorized by
    section 32(b)(2) of the Surplus Property Act of 1944, as
    amended, be reserved by the Secretary of the Treasury for sale
    to the Department of State for such activities on the basis of
    the dollar value at the time of the reservation.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 1766.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 523. Coordination With Foreign Policy.--(a) * * *
        (b) * * *
        (c) * * *
        (d) \12\ Whenever the President determines that the
    prevention of improper currency transactions \13\ in a given
    country requires it, he may direct the chief of the United
    States diplomatic mission there to issue regulations applicable
    to members of the Armed Forces and officers and employees of
    the United States Government, and to contractors with the
    United States Government and their employees, governing the
    extent to which their pay and allowances received and to be
    used in that country shall be paid in local currency.
    Notwithstanding any other law, United States Government
    agencies are authorized and directed to comply with such
    regulations.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 1783(d). Sec. 401(f) of Public Law 86-472 (74 Stat.
    139) added subsec. (d).
        \13\ Sec. 707 of the FA Act of 1961 struck out achievement of
    United States foreign policy objectives'' and inserted in lieu thereof
    ``prevention of improper currency transactions''.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 536.\14\ Joint Commission on Rural Reconstruction in
    China.--The President is authorized to continue to participate
    in the Joint Commission on Rural Reconstruction in China and to
    appoint citizens of the United States to the Commission.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 1796.
     (12) Notice to Congress of Certain Transfers of Defense Articles and
                              Defense Services \1\

     Partial text of Public Law 80-253 [National Security Act of 1947, S.
     758], 61 Stat. 495, approved July 26, 1947, as amended by Public Law
    99-569 [Intelligence Authorization Act for Fiscal Year 1987, S. 2368],
         100 Stat. 3190, approved November 14, 1986; Public Law 102-88
      [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], 105
        Stat. 429, approved August 14, 1991; and by Public Law 103-160
     [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401],
                   107 Stat. 1547, approved November 30, 1993

    AN ACT To promote the national security by providing for a Secretary of
    Defense; for a National Military Establishment; for a Department of the
    Army, a Department of the Navy, and a Department of the Air Force; and
        for the coordination of the activities of the National Military
      Establishment with other departments and agencies of the Government
                     concerned with the national security.

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

                                  short title

        That this Act may be cited as the ``National Security Act
    of 1947''.
    ---------------------------------------------------------------------------
        \1\ See also Legislation on Foreign Relations Through 2005, vol.
    IV.
    ---------------------------------------------------------------------------
              * * * * * * *

    notice to congress of certain transfers of defense articles and defense
                                    services

        Sec. 505.\2\ (a)(1) The transfer of a defense article or
    defense service, or the anticipated transfer in any fiscal year
    of any aggregation of defense articles or defense services,\3\
    exceeding $1,000,000 in value by an intelligence agency to a
    recipient outside that agency shall be considered a significant
    anticipated intelligence activity for the purpose of this
    title.\4\
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 415. Sec. 602(a)(1) of the Intelligence Authorization
    Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441), redesignated
    former sections 502 and 503 as sections 504 and 505. This section was
    originally added by sec. 602 of the Intelligence Authorization Act for
    Fiscal Year 1987 (Public Law 99-569; 100 Stat. 3190).
        For other sections of title V of the National Security Act of 1947,
    as amended, see Legislation on Foreign Relations Through 2005, vol. IV.
        \3\ Sec. 604 of the Intelligence Authorization Act, Fiscal Year
    1991 (Public Law 102-88; 105 Stat. 445), inserted ``, or the
    anticipated transfer in any fiscal year of any aggregation of defense
    articles or defense services,''.
        \4\ Sec. 602(c)(2) of the Intelligence Authorization Act, Fiscal
    Year 1991 (Public Law 102-88; 105 Stat. 444), struck out ``section 501
    of this Act'', and inserted in lieu thereof ``this title''.
    ---------------------------------------------------------------------------
        (2) Paragraph (1) does not apply if--
              (A) the transfer is being made to a department,
            agency, or other entity of the United States (so long
            as there will not be a subsequent retransfer of the
            defense articles or defense services outside the United
            States Government in conjunction with an intelligence
            or intelligence-related activity); or
              (B) the transfer--
                      (i) is being made pursuant to authorities
                    contained in part II of the Foreign Assistance
                    Act of 1961, the Arms Export Control Act, title
                    10 of the United States Code (including a law
                    enacted pursuant to section 7307(a) \5\ of that
                    title), or the Federal Property and
                    Administrative Services Act of 1949, and
    ---------------------------------------------------------------------------
        \5\ Sec. 828(d)(1) of Public Law 103-160 (107 Stat. 1715) struck
    out ``section 7307(b)(1)'' and inserted in lieu thereof ``section
    7307(a).
    ---------------------------------------------------------------------------
                      (ii) is not being made in conjunction with an
                    intelligence or intelligence-related activity.
        (3) An intelligence agency may not transfer any defense
    articles or defense services outside the agency in conjunction
    with any intelligence or intelligence-related activity for
    which funds were denied by the Congress.
        (b) As used in this section--
              (1) the term ``intelligence agency'' means any
            department, agency, or other entity of the United
            States involved in intelligence or intelligence-related
            activities;
              (2) the terms ``defense articles'' and ``defense
            services'' mean the items on the United States
            Munitions List pursuant to section 38 of the Arms
            Export Control Act (22 CFR part 121);
              (3) the term ``transfer'' means--
                      (A) in the case of defense articles, the
                    transfer of possession of those articles; and
                      (B) in the case of defense services, the
                    provision of those services; and
              (4) the term ``value'' means--
                    (A) in the case of defense articles, the
                    greater of--
                              (i) the original acquisition cost to
                            the United States Government, plus the
                            cost of improvements or other
                            modifications made by or on behalf of
                            the Government; or
                              (ii) the replacement cost; and
                      (B) in the case of defense services, the full
                    cost to the Government of providing the
                    services.
              * * * * * * *
                     j. Development Assistance Legislation

              (1) Assistance for International Malaria Control Act

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

      AN ACT To authorize additional assistance for international malaria
                        control, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Assistance for International
    Malaria Control Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. See also the United States Leadership
    Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
    108-25), in Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

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

             TITLE I--ASSISTANCE FOR INTERNATIONAL MALARIA CONTROL

    SEC. 101.\2\ SHORT TITLE.

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

    SEC. 102.\3\ FINDINGS.

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

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

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

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ For text of the ``United States-Macau Policy Act of 2000'', see
    Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

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

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

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2656 note. Title IV authorizes the President to
    establish a commission to pursue a ``consistent and coordinated foreign
    policy * * * to ensure economic and military security in the Asia-
    Pacific region''. For text, see Legislation on Foreign Relations
    Through 2005, vol. II.
    ---------------------------------------------------------------------------

                       TITLE V--MISCELLANEOUS PROVISIONS

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

        (a) Additional Authorities.--Notwithstanding any other
    provision of law, the President is authorized to undertake
    appropriate programs using Federal agencies, contractual
    arrangements, or direct support of indigenous groups, agencies,
    or organizations in areas outside of control of the Government
    of Sudan in an effort to provide emergency relief, promote
    economic self-sufficiency, build civil authority, provide
    education, enhance rule of law and the development of judicial
    and legal frameworks, support people-to-people reconciliation
    efforts, or implement any program in support of any viable
    peace agreement at the local, regional, or national level in
    Sudan.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
        (b) Exception to Export Prohibitions.--Notwithstanding any
    other provision of law, the prohibitions set forth with respect
    to Sudan in Executive Order No. 13067 of November 3, 1997 (62
    Fed. Register 59989) \9\ shall not apply to any export from an
    area in Sudan outside of control of the Government of Sudan, or
    to any necessary transaction directly related to that export,
    if the President determines that the export or related
    transaction, as the case may be, would directly benefit the
    economic development of that area and its people.
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III.
    ---------------------------------------------------------------------------

    SEC. 502. AUTHORITY TO PROVIDE TOWING ASSISTANCE.

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

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

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

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 2517 note. For text of title VI, see Peace Corps
    section, this volume.
    (2) Microenterprise for Self-Reliance and International Anti-Corruption
                                  Act of 2000

        Partial text of Public Law 106-309 [H.R. 1143], 114 Stat. 1078,
    approved October 17, 2000; amended by Public Law 108-31 [H.R. 192], 117
                       Stat. 775, approved June 17, 2003

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Microenterprise for Self-
    Reliance and International Anti-Corruption Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. See also the Microenterprise Results and
    Accountability Act of 2004 (Public Law 108-484), and Microenterprise
    Report to Congress (Public Law 108-31), in Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

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

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

    SEC. 101.\2\ SHORT TITLE.

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

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

        Congress makes the following findings and declarations:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2151f note. Sec. 3 of the Microenterprise Results and
    Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) amended
    the Foreign Assistance Act of 1961 by creating a new title VI--
    Microenterprise Development Assistance. Sec. 4 of that Act redesignated
    22 U.S.C. 2151f as 22 U.S.C. 2212.
    ---------------------------------------------------------------------------
              (1) According to the World Bank, more than
            1,200,000,000 people in the developing world, or one-
            fifth of the world's population, subsist on less than
            $1 a day.
              (2) Over 32,000 of their children die each day from
            largely preventable malnutrition and disease.
              (3)(A) Women in poverty generally have larger work
            loads and less access to educational and economic
            opportunities than their male counterparts.
              (B) Directly aiding the poorest of the poor,
            especially women, in the developing world has a
            positive effect not only on family incomes, but also on
            child nutrition, health and education, as women in
            particular reinvest income in their families.
              (4)(A) The poor in the developing world, particularly
            women, generally lack stable employment and social
            safety nets.
              (B) Many turn to self-employment to generate a
            substantial portion of their livelihood. In Africa,
            over 80 percent of employment is generated in the
            informal sector of the self-employed poor.
              (C) These poor entrepreneurs are often trapped in
            poverty because they cannot obtain credit at reasonable
            rates to build their asset base or expand their
            otherwise viable self-employment activities.
              (D) Many of the poor are forced to pay interest rates
            as high as 10 percent per day to money lenders.
              (5)(A) The poor are able to expand their incomes and
            their businesses dramatically when they can access
            loans at reasonable interest rates.
              (B) Through the development of self-sustaining
            microfinance programs, poor people themselves can lead
            the fight against hunger and poverty.
              (6)(A) On February 2-4, 1997, a global Microcredit
            Summit was held in Washington, District of Columbia, to
            launch a plan to expand access to credit for self-
            employment and other financial and business services to
            100,000,000 of the world's poorest families, especially
            the women of those families, by 2005. While this scale
            of outreach may not be achievable in this short time-
            period, the realization of this goal could dramatically
            alter the face of global poverty.
              (B) With an average family size of five, achieving
            this goal will mean that the benefits of microfinance
            will thereby reach nearly half of the world's more than
            1,000,000,000 absolute poor people.
              (7)(A) Nongovernmental organizations, such as those
            that comprise the Microenterprise Coalition (such as
            the Grameen Bank (Bangladesh), K-REP (Kenya), and
            networks such as Accion International, the Foundation
            for International Community Assistance (FINCA), and the
            credit union movement) are successful in lending
            directly to the very poor.
              (B) Microfinance institutions such as BRAC
            (Bangladesh), BancoSol (Bolivia), SEWA Bank (India),
            and ACEP (Senegal) are regulated financial institutions
            that can raise funds directly from the local and
            international capital markets.
              (8)(A) Microenterprise institutions not only reduce
            poverty, but also reduce the dependency on foreign
            assistance.
              (B) Interest income on the credit portfolio is used
            to pay recurring institutional costs, assuring the
            long-term sustainability of development assistance.
              (9) Microfinance institutions leverage foreign
            assistance resources because loans are recycled,
            generating new benefits to program participants.
              (10)(A) The development of sustainable microfinance
            institutions that provide credit and training, and
            mobilize domestic savings, is a critical component to a
            global strategy of poverty reduction and broad-based
            economic development.
              (B) In the efforts of the United States to lead the
            development of a new global financial architecture,
            microenterprise should play a vital role. The recent
            shocks to international financial markets demonstrate
            how the financial sector can shape the destiny of
            nations. Microfinance can serve as a powerful tool for
            building a more inclusive financial sector which serves
            the broad majority of the world's population including
            the very poor and women and thus generate more social
            stability and prosperity.
              (C) Over the last two decades, the United States has
            been a global leader in promoting the global
            microenterprise sector, primarily through its
            development assistance programs at the United States
            Agency for International Development. Additionally, the
            Department of the Treasury and the Department of State
            have used their authority to promote microenterprise in
            the development programs of international financial
            institutions and the United Nations.
              (11)(A) In 1994, the United States Agency for
            International Development launched the
            ``Microenterprise Initiative'' in partnership with the
            Congress.
              (B) The initiative committed to expanding funding for
            the microenterprise programs of the Agency, and set a
            goal that, by the end of fiscal year 1996, one-half of
            all microenterprise resources would support programs
            and institutions that provide credit to the poorest,
            with loans under $300.
              (C) In order to achieve the goal of the microcredit
            summit, increased investment in microfinance
            institutions serving the poorest will be critical.
              (12) Providing the United States share of the global
            investment needed to achieve the goal of the
            microcredit summit will require only a small increase
            in United States funding for international microcredit
            programs, with an increased focus on institutions
            serving the poorest.
              (13)(A) In order to reach tens of millions of the
            poorest with microcredit, it is crucial to expand and
            replicate successful microfinance institutions.
              (B) These institutions need assistance in developing
            their institutional capacity to expand their services
            and tap commercial sources of capital.
              (14) Nongovernmental organizations have demonstrated
            competence in developing networks of local microfinance
            institutions and other assistance delivery mechanisms
            so that they reach large numbers of the very poor, and
            achieve financial sustainability.
              (15) Recognizing that the United States Agency for
            International Development has developed very effective
            partnerships with nongovernmental organizations, and
            that the Agency will have fewer missions overseas to
            carry out its work, the Agency should place priority on
            investing in those nongovernmental network institutions
            that meet performance criteria through the central
            funding mechanisms of the Agency.
              (16) By expanding and replicating successful
            microfinance institutions, it should be possible to
            create a global infrastructure to provide financial
            services to the world's poorest families.
              (17)(A) The United States can provide leadership to
            other bilateral and multilateral development agencies
            as such agencies expand their support to the
            microenterprise sector.
              (B) The United States should seek to improve
            coordination among G-7 countries in the support of the
            microenterprise sector in order to leverage the
            investment of the United States with that of other
            donor nations.
              (18) Through increased support for microenterprise,
            especially credit for the poorest, the United States
            can continue to play a leadership role in the global
            effort to expand financial services and opportunity to
            100,000,000 of the poorest families on the planet.

    SEC. 103.\3\ PURPOSES.

        The purposes of this title are--
              (1) to make microenterprise development an important
            element of United States foreign economic policy and
            assistance;
              (2) to provide for the continuation and expansion of
            the commitment of the United States Agency for
            International Development to the development of
            microenterprise institutions as outlined in its 1994
            Microenterprise Initiative;
              (3) to support and develop the capacity of United
            States and indigenous nongovernmental organization
            intermediaries to provide credit, savings, training,
            technical assistance, and business development services
            to microenterprise households; \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(1) of Public Law 108-31 (117 Stat. 775) struck out
    ``microentrepreneurs'' and inserted in lieu thereof ``microenterprise
    households''.
    ---------------------------------------------------------------------------
              (4) to emphasize financial services and substantially
            increase the amount of assistance devoted to both
            financial services and complementary business
            development services designed to reach the poorest
            people in developing countries, particularly women; \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(2) of Public Law 108-31 (117 Stat. 775) struck out
    ``and'' at the end of para. (4). Sec. 1(a)(3)(C) of that Act struck out
    a period at the end of para. (5), and inserted in lieu thereof ``;
    and''. Sec. 1(a)(4) of that Act added a new para. (6).
    ---------------------------------------------------------------------------
              (5) to encourage the United States Agency for
            International Development to coordinate microenterprise
            policy,\6\ in consultation with the Department of the
            Treasury and the Department of State, and to provide
            global leadership among bilateral and multilateral
            donors in promoting microenterprise for the very poor;
            \7\ and
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(3)(A) of Public Law 108-31 (117 Stat. 775) struck out
    ``microfinance policy'' and inserted in lieu thereof ``microenterprise
    policy''.
        \7\ Sec. 1(a)(3)(B) of Public Law 108-31 (117 Stat. 775) struck out
    ``the poorest of the poor'' and inserted in lieu thereof ``the very
    poor''.
    ---------------------------------------------------------------------------
              (6) \5\ to ensure that in the implementation of this
            title at least 50 percent of all microenterprise
            assistance under this title, and the amendments made
            under this title, shall be targeted to the very poor.

    SEC. 104.\3\ DEFINITIONS.

        In this title:
              (1) Business development services.--The term
            ``business development services'' means support for the
            growth of microenterprises through training, technical
            assistance, marketing assistance, improved production
            technologies, and other services.
              (2) Microenterprise institution.--The term
            ``microenterprise institution'' means an institution
            that provides services, including microfinance,
            training, or business development services, to
            microentrepreneurs and their households.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 1(b)(1) of Public Law 108-31 (117 Stat. 775) struck out
    ``for microentrepreneurs'' and inserted in lieu thereof ``to
    microentrepreneurs and their households''.
    ---------------------------------------------------------------------------
              (3) Microfinance institution.--The term
            ``microfinance institution'' means an institution that
            directly provides, or works to expand, the availability
            of credit, savings, and other financial services to
            microentrepreneurs.
              (4) Practitioner institution.--The term
            ``practitioner institution'' means any institution that
            provides services, including microfinance, training, or
            business development services, for microentrepreneurs,
            or provides assistance to microenterprise institutions.
              (5) \9\ Very poor.--The term ``very poor'' means
            individuals--
    ---------------------------------------------------------------------------
        \9\ Sec. 1(b)(2) of Public Law 108-31 (117 Stat. 775) added para.
    (5).
    ---------------------------------------------------------------------------
                      (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 the equivalent of less than $1
                    per day.

    SEC. 105. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.

        Chapter 1 of part I of the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 et seq.) is amended by adding at the end the
    following new section: * * * \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 105 added a new sec. 131 to the Foreign Assistance Act of
    1961 (at 22 U.S.C. 2152a), authorizing microenterprise development
    grant assistance.
    ---------------------------------------------------------------------------

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

        Section 108 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151f) is amended to read as follows: * * * \11\
    ---------------------------------------------------------------------------
        \11\ Sec. 106 amended and restated sec. 108 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151f) to pertain to micro- and small
    enterprise development credits.
    ---------------------------------------------------------------------------

    SEC. 107. UNITED STATES MICROFINANCE LOAN FACILITY.

        (a) In General.--Chapter 1 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended by
    section 105 of this Act, is further amended by adding at the
    end the following new section: * * * \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 107(a) added a new sec. 132 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2152b), establishing the U.S. Microfinance Loan
    Facility.
    ---------------------------------------------------------------------------
        (b) \13\ 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).
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2152b note. Sec. 3 of the Microenterprise Results
    and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922)
    amended the Foreign Assistance Act of 1961 by creating a new title VI--
    Microenterprise Development Assistance. Sec. 5 of that Act redesignated
    22 U.S.C. 2152b as 22 U.S.C. 2213.
    ---------------------------------------------------------------------------

    SEC. 108.\14\ REPORT RELATING TO FUTURE DEVELOPMENT OF MICROENTERPRISE
                        INSTITUTIONS.

        (a) Report.--Not later than 180 days after the date of the
    enactment of this Act, the President shall submit to the
    appropriate congressional committees a report on the most cost-
    effective methods and measurements for increasing the access of
    poor people overseas to credit, other financial services, and
    related training.
    ---------------------------------------------------------------------------
        \14\ Sec. 4 of Public Law 108-31 (117 Stat. 775) required the
    following:
    ---------------------------------------------------------------------------

    ``sec. 4. report to congress.
    ---------------------------------------------------------------------------

        ``(a) In General.--Not later than September 30, 2005, the
    Administrator of the United States Agency for International Development
    shall submit to Congress a report that documents the process of
    developing and applying poverty assessment procedures with its
    partners.
        ``(b) Reports for Fiscal Year 2006 and Beyond.--Beginning with
    fiscal year 2006, the Administrator of the United States Agency for
    International Development shall annually submit to Congress on a timely
    basis a report that addresses the United States Agency for
    International Development's compliance with the Microenterprise for
    Self-Reliance Act of 2000 by documenting--
    ---------------------------------------------------------------------------

      ``(1) the percentage of its resources that were allocated to the very
    poor (as defined in paragraph (5) of section 131(f) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) based on the data collected
    from its partners using the certified methods; and

      ``(2) the absolute number of the very poor reached.''.

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

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

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

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

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

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

    SEC. 201.\15\ SHORT TITLE.

        This title may be cited as the ``International Anti-
    Corruption and Good Governance Act of 2000''.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 202.\16\ FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds the following:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2151c note.
    ---------------------------------------------------------------------------
              (1) Widespread corruption endangers the stability and
            security of societies, undermines democracy, and
            jeopardizes the social, political, and economic
            development of a society.
              (2) Corruption facilitates criminal activities, such
            as money laundering, hinders economic development,
            inflates the costs of doing business, and undermines
            the legitimacy of the government and public trust.
              (3) In January 1997 the United Nations General
            Assembly adopted a resolution urging member states to
            carefully consider the problems posed by the
            international aspects of corrupt practices and to study
            appropriate legislative and regulatory measures to
            ensure the transparency and integrity of financial
            systems.
              (4) The United States was the first country to
            criminalize international bribery through the enactment
            of the Foreign Corrupt Practices Act of 1977 and United
            States leadership was instrumental in the passage of
            the Organization for Economic Cooperation and
            Development (OECD) Convention on Combatting Bribery of
            Foreign Public Officials in International Business
            Transactions.
              (5) The Vice President, at the Global Forum on
            Fighting Corruption in 1999, declared corruption to be
            a direct threat to the rule of law and the Secretary of
            State declared corruption to be a matter of profound
            political and social consequence for our efforts to
            strengthen democratic governments.
              (6) The Secretary of State, at the Inter-American
            Development Bank's annual meeting in March 2000,
            declared that despite certain economic achievements,
            democracy is being threatened as citizens grow weary of
            the corruption and favoritism of their official
            institutions and that efforts must be made to improve
            governance if respect for democratic institutions is to
            be regained.
              (7) In May 1996 the Organization of American States
            (OAS) adopted the Inter-American Convention Against
            Corruption requiring countries to provide various forms
            of international cooperation and assistance to
            facilitate the prevention, investigation, and
            prosecution of acts of corruption.
              (8) Independent media, committed to fighting
            corruption and trained in investigative journalism
            techniques, can both educate the public on the costs of
            corruption and act as a deterrent against corrupt
            officials.
              (9) Competent and independent judiciary, founded on a
            merit-based selection process and trained to enforce
            contracts and protect property rights, is critical for
            creating a predictable and consistent environment for
            transparency in legal procedures.
              (10) Independent and accountable legislatures,
            responsive political parties, and transparent electoral
            processes, in conjunction with professional,
            accountable, and transparent financial management and
            procurement policies and procedures, are essential to
            the promotion of good governance and to the combat of
            corruption.
              (11) Transparent business frameworks, including
            modern commercial codes and intellectual property
            rights, are vital to enhancing economic growth and
            decreasing corruption at all levels of society.
              (12) The United States should attempt to improve
            accountability in foreign countries, including by--
                      (A) promoting transparency and accountability
                    through support for independent media,
                    promoting financial disclosure by public
                    officials, political parties, and candidates
                    for public office, open budgeting processes,
                    adequate and effective internal control
                    systems, suitable financial management systems,
                    and financial and compliance reporting;
                      (B) supporting the establishment of audit
                    offices, inspectors general offices, third
                    party monitoring of government procurement
                    processes, and anti-corruption agencies;
                      (C) promoting responsive, transparent, and
                    accountable legislatures that ensure
                    legislative oversight and whistle-blower
                    protection;
                      (D) promoting judicial reforms that
                    criminalize corruption and promoting law
                    enforcement that prosecutes corruption;
                      (E) fostering business practices that promote
                    transparent, ethical, and competitive behavior
                    in the private sector through the development
                    of an effective legal framework for commerce,
                    including anti-bribery laws, commercial codes
                    that incorporate international standards for
                    business practices, and protection of
                    intellectual property rights; and
                      (F) promoting free and fair national, state,
                    and local elections.
        (b) Purpose.--The purpose of this title is to ensure that
    United States assistance programs promote good governance by
    assisting other countries to combat corruption throughout
    society and to improve transparency and accountability at all
    levels of government and throughout the private sector.

    SEC. 203. DEVELOPMENT ASSISTANCE POLICY.

        (a) General Policy.--Section 101(a) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151(a)) is amended in the
    fifth sentence--* * * \17\
        (b) Development Assistance Policy.--Section 102(b) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) is
    amended--* * * \17\
    ---------------------------------------------------------------------------
        \17\ See the Foreign Assistance Act of 1961, as amended, in
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

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

        Section 129(b) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151aa(b)) is amended by adding at the end the
    following: * * * \18\
    ---------------------------------------------------------------------------
        \18\ See the Foreign Assistance Act of 1961, as amended, in
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 205. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.

        (a) In General.--Chapter 1 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as amended by
    sections 105 and 107, is further amended by adding at the end
    the following: * * * \19\
    ---------------------------------------------------------------------------
        \19\ Sec. 205(a) added a new sec. 133 to the Foreign Assistance Act
    of 1961 (22 U.S.C. 2152c), establishing programs ``to encourage good
    governance''.
    ---------------------------------------------------------------------------
        (b) \20\ 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.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 2152c note.
    ---------------------------------------------------------------------------

         TITLE III--INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000 \21\

              * * * * * * *
    ---------------------------------------------------------------------------
        \21\ For text of title III, see Legislation on Foreign Relations
    Through 2005, vol. II.
    ---------------------------------------------------------------------------

                       TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 401.\22\ SUPPORT FOR OVERSEAS COOPERATIVE DEVELOPMENT ACT.

        (a) Short Title.--This section may be cited as the
    ``Support for Overseas Cooperative Development Act''.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
        (b) \23\ Findings.--The Congress makes the following
    findings:
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 2151i note.
    ---------------------------------------------------------------------------
              (1) It is in the mutual economic interest of the
            United States and peoples in developing and
            transitional countries to promote cooperatives and
            credit unions.
              (2) Self-help institutions, including cooperatives
            and credit unions, provide enhanced opportunities for
            people to participate directly in democratic decision-
            making for their economic and social benefit through
            ownership and control of business enterprises and
            through the mobilization of local capital and savings
            and such organizations should be fully utilized in
            fostering free market principles and the adoption of
            self-help approaches to development.
              (3) The United States seeks to encourage broad-based
            economic and social development by creating and
            supporting--
                      (A) agricultural cooperatives that provide a
                    means to lift low income farmers and rural
                    people out of poverty and to better integrate
                    them into national economies;
                      (B) credit union networks that serve people
                    of limited means through safe savings and by
                    extending credit to families and
                    microenterprises;
                      (C) electric and telephone cooperatives that
                    provide rural customers with power and
                    telecommunications services essential to
                    economic development;
                      (D) housing and community-based cooperatives
                    that provide low income shelter and work
                    opportunities for the urban poor; and
                      (E) mutual and cooperative insurance
                    companies that provide risk protection for life
                    and property to under-served populations often
                    through group policies.
        (c) General Provisions.--
              (1) \23\ Declarations of policy.--The Congress
            supports the development and expansion of economic
            assistance programs that fully utilize cooperatives and
            credit unions, particularly those programs committed
            to--
                      (A) international cooperative principles,
                    democratic governance and involvement of women
                    and ethnic minorities for economic and social
                    development;
                      (B) self-help mobilization of member savings
                    and equity and retention of profits in the
                    community, except for those programs that are
                    dependent on donor financing;
                      (C) market-oriented and value-added
                    activities with the potential to reach large
                    numbers of low income people and help them
                    enter into the mainstream economy;
                      (D) strengthening the participation of rural
                    and urban poor to contribute to their country's
                    economic development; and
                      (E) utilization of technical assistance and
                    training to better serve the member-owners.
              (2) Development priorities.--Section 111 of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2151i) is
            amended by adding at the end the following: * * * \24\
    ---------------------------------------------------------------------------
        \24\ For amended text of the Foreign Assistance Act of 1961, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (d) \23\ Report.--Not later than 6 months after the date of
    the enactment of this Act, the Administrator of the United
    States Agency for International Development, in consultation
    with the heads of other appropriate agencies, shall prepare and
    submit to Congress a report on the implementation of section
    111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as
    amended by subsection (c).

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

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

    SEC. 403.\25\ PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF
                        HUMANITARIAN ASSISTANCE ABROAD BY THE DEPARTMENT OF
                        DEFENSE.

        (a) Priority for Disaster Relief Assistance.--In processing
    applications for the transportation of humanitarian assistance
    abroad under section 402 of title 10, United States Code, the
    Administrator of the United States Agency for International
    Development shall afford a priority to applications for the
    transportation of disaster relief assistance.
    ---------------------------------------------------------------------------
        \25\ 10 U.S.C. 402 note.
    ---------------------------------------------------------------------------
        (b) Modification of Applications.--The Administrator of the
    United States Agency for International Development shall take
    all possible actions to assist applicants for the
    transportation of humanitarian assistance abroad under such
    section 402 in modifying or completing applications submitted
    under such section in order to meet applicable requirements
    under such section. The actions shall include efforts to
    contact such applicants for purposes of the modification or
    completion of such applications.

    SEC. 404. WORKING CAPITAL FUND.

        Section 635 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2395) is amended by adding at the end the following new
    subsection: * * * \26\
    ---------------------------------------------------------------------------
        \26\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------

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

        Section 9(2) of the United Nations Participation Act of
    1945 (22 U.S.C. 287e-1(2)) is amended by striking ``18'' and
    inserting ``30''.\27\
    ---------------------------------------------------------------------------
        \27\ See Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

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

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

    SEC. 407.\28\ AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF
                        AMERICA. * * *
    ---------------------------------------------------------------------------

        \28\ For text of sec. 407, see Legislation on Foreign Relations
    Through 2005, vol. II.
    ---------------------------------------------------------------------------

    SEC. 408.\29\ PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000. * * *
    ---------------------------------------------------------------------------

        \29\ 22 U.S.C. 2517 note. For text, see Peace Corps section, this
    volume.
    ---------------------------------------------------------------------------
        (a) Short Title.--This section may be cited as the ``Paul
    D. Coverdell Fellows Program Act of 2000''.
              * * * * * * *
              (3) Global AIDS and Tuberculosis Relief Act of 2000

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

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Global AIDS and Tuberculosis
    Relief Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6801 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

                                                                        Page

    Sec. 1. Short title...............................................   507
    Sec. 2. Table of contents.........................................   507

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

    Sec. 101. Short title.............................................   508
    Sec. 102. Definitions.............................................   508
    Sec. 103. Findings and purposes...................................   508

                      Subtitle A--United States Assistance

    Sec. 111. Additional assistance authorities to combat HIV and AIDS   510
    Sec. 112. Voluntary contribution to Global Alliance for Vaccines
        and Immunizations and International AIDS Vaccine Initiative...   511
    Sec. 113. Coordinated donor strategy for support and education of
        orphans in sub-Saharan Africa.................................   511
    Sec. 114. African Crisis Response Initiative and HIV/AIDS training   512

                     Subtitle B--World Bank AIDS Trust Fund

                      Chapter 1--Establishment of the Fund

    Sec. 121. Establishment...........................................   512
    Sec. 122. Grant authorities.......................................   513
    Sec. 123. Administration..........................................   514
    Sec. 124. Advisory Board..........................................   514

                               Chapter 2--Reports

    Sec. 131. Reports to Congress.....................................   515

                Chapter 3--United States Financial Participation

    Sec. 141. Authorization of appropriations.........................   516
    Sec. 142. Certification requirement...............................   516

                  TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

    Sec. 201. Short title.............................................   516
    Sec. 202. Findings................................................   516
    Sec. 203. Assistance for tuberculosis prevention, treatment,
        control, and elimination......................................   517

                      TITLE III--ADMINISTRATIVE AUTHORITIES

    Sec. 301. Effective program oversight.............................   518
    Sec. 302. Termination expenses....................................   518

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

    SEC. 101.\2\ SHORT TITLE.

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

    SEC. 102.\2\ DEFINITIONS.

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

    SEC. 103.\3\ FINDINGS AND PURPOSES.

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

                      Subtitle A--United States Assistance

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

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

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

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

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

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

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

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

                     Subtitle B--World Bank AIDS Trust Fund

                      CHAPTER 1--ESTABLISHMENT OF THE FUND

    SEC. 121.\8\ ESTABLISHMENT.

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

    SEC. 122.\9\ GRANT AUTHORITIES.

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

    SEC. 123.\10\ ADMINISTRATION.

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

    SEC. 124.\11\ ADVISORY BOARD.

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

                               CHAPTER 2--REPORTS

    SEC. 131.\12\ REPORTS TO CONGRESS.

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

                CHAPTER 3--UNITED STATES FINANCIAL PARTICIPATION

    SEC. 141.\13\ AUTHORIZATION OF APPROPRIATIONS.

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

    SEC. 142.\14\ CERTIFICATION REQUIREMENT.

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

                  TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

    SEC. 201.\15\ SHORT TITLE.

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

    SEC. 202.\16\ FINDINGS.

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

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

        Section 104(c) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2151b(c)), as amended by section 111(a) of this Act, is
    further amended by adding at the end the following: * * * \17\
    ---------------------------------------------------------------------------
        \17\ For text of the Foreign Assistance Act of 1961, as amended,
    see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

                     TITLE III--ADMINISTRATIVE AUTHORITIES

    SEC. 301. EFFECTIVE PROGRAM OVERSIGHT.

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

    SEC. 302. TERMINATION EXPENSES.

        Section 617 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2367) is amended to read as follows: * * * \18\
    ---------------------------------------------------------------------------
        \18\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. I-A.
        (4) Access to HIV/AIDS Pharmaceuticals and Medical Technologies

    Executive Order 13155, May 10, 2000, 65 F.R. 30521, 19 U.S.C. 2411 note

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

        Title V of H.R. 3425 [Miscellaneous Appropriations, enacted by
      reference in sec. 1000(a)(5) of Public Law 106-113; H.R. 3194], 113
     Stat. 1501, approved November 29, 1999; 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) Certification.--Within 15 days after the United States
    Executive Director casts the votes necessary to carry out the
    instruction described in section 62 of the Bretton Woods
    Agreements Act, the Secretary of the Treasury shall certify to
    the Congress that neither the profits nor the earnings on the
    investment of profits from the gold sales made pursuant to the
    instruction or of the funds attributable to United States
    participation in SCA-2 will be used to augment the resources of
    any reserve account of the International Monetary Fund for the
    purpose of making loans.

    SEC. 504.\6\ ADDITIONAL PROVISIONS.

        (a) Publication of IMF Operations Budgets.--The Secretary
    of the Treasury shall instruct the United States Executive
    Director at the International Monetary Fund to use the voice,
    vote, and influence of the United States to urge vigorously the
    International Monetary Fund to publish the operational budgets
    of the International Monetary Fund, on a quarterly basis, not
    later than one year after the end of the period covered by the
    budget.
    ---------------------------------------------------------------------------
        \6\ 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.
                           (6) Torture Victims Relief

                     (A) Torture Victims Relief Act of 1998

     Public Law 105-320 [H.R. 4309], 112 Stat. 3016, approved October 30,
          1998; amended by Public Law 106-87 [Torture Victims Relief
       Reauthorization Act of 1999; H.R. 2367], 113 Stat. 1301, approved
         November 3, 1999; Public Law 108-179 [Torture Victims Relief
       Reauthorization Act of 2003; H.R. 1813], 117 Stat. 2643, approved
     December 15, 2003; and by Public Law 109-165 [Torture Victims Relief
       Reauthorization Act of 2005; H.R. 2017], 119 Stat. 3574, approved
                                January 10, 2006

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Torture Victims Relief Act
    of 1998''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2152 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS.

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

    SEC. 3.\1\ DEFINITION.

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

    SEC. 4.\1\ FOREIGN TREATMENT CENTERS.

        (a) Amendments to the Foreign Assistance Act of 1961.--Part
    I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
    seq.) is amended by adding at the end of chapter 1 the
    following new section: * * * \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 4(a) added a new sec. 129 (22 U.S.C. 2152) to the Foreign
    Assistance Act of 1961. Public Law 106-87 (113 Stat. 1302) subsequently
    redesignated the section as sec. 130.
    ---------------------------------------------------------------------------
        (b) Funding.--(1) \3\ Authorization of appropriations.--Of
    the amounts authorized to be appropriated for fiscal years 2006
    and 2007 pursuant to chapter 1 of part I of the Foreign
    Assistance Act of 1961, there are authorized to be appropriated
    to the President to carry out section 130 of such Act
    $12,000,000 for fiscal year 2006 and $13,000,000 for fiscal
    year 2007.
    ---------------------------------------------------------------------------
        \3\ Sec. 4 of Public Law 109-165 (119 Stat. 3574) amended and
    restated para. (1). Previously, sec. 3(a) of Public Law 108-179 (117
    Stat. 2643) amended and restated para. (1), in part to authorize
    appropriations of $11,000,000 for fiscal year 2004 and $12,000,000 for
    fiscal year 2005. As originally enacted, the Act authorized
    appropriations of $5,000,000 for fiscal year 1999 and $7,500,000 for
    fiscal year 2000. Sec. 6(b) of Public Law 106-87 (113 Stat. 1302) also
    amended the paragraph to strike out a reference to sec. 129 of the
    Foreign Assistance Act of 1961, and to insert in lieu thereof a
    reference to sec. 130 of that Act, as redesignated by sec. 6(a) of the
    Torture Victims Relief Reauthorization Act of 1999.
    ---------------------------------------------------------------------------
              (2) Availability of funds.--Amounts appropriated
            pursuant to this subsection shall remain available
            until expended.
        (c) Effective Date.--The amendment made by subsection (a)
    shall take effect October 1, 1998.

    SEC. 5.\1\ DOMESTIC TREATMENT CENTERS.

        (a) Assistance for Treatment of Torture Victims.--The
    Secretary of Health and Human Services may provide grants to
    programs in the United States to cover the cost of the
    following services:
              (1) Services for the rehabilitation of victims of
            torture, including treatment of the physical and
            psychological effects of torture.
              (2) Social and legal services for victims of torture.
              (3) Research and training for health care providers
            outside of treatment centers, or programs for the
            purpose of enabling such providers to provide the
            services described in paragraph (1).
        (b) Funding.--
              (1) \4\ Authorization of appropriations.--Of the
            amounts authorized to be appropriated for the
            Department of Health and Human Services for fiscal
            years 2006 and 2007, there are authorized to be
            appropriated to carry out subsection (a) $25,000,000
            for each of the fiscal years 2006 and 2007.
    ---------------------------------------------------------------------------
        \4\ Sec. 3 of Public Law 109-165 (119 Stat. 3574) amended and
    restated para. (1). Previously, sec. 2(a) of Public Law 108-179 (117
    Stat. 2643) amended and restated para. (1), effective October 1, 2003,
    to authorize $20,000,000 for fiscal year 2004, and $25,000,000 for
    fiscal year 2005. As originally enacted, the section authorized
    appropriations of $5,000,000 for fiscal year 1999, and $7,500,000 for
    fiscal year 2000.
    ---------------------------------------------------------------------------
              (2) Availability of funds.--Amounts appropriated
            pursuant to this subsection shall remain available
            until expended.

    SEC. 6.\1\ MULTILATERAL ASSISTANCE.

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

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

        (a) In General.--The Secretary of State shall provide
    training for foreign service officers with respect to--
              (1) the identification of torture;
              (2) the identification of the surrounding
            circumstances in which torture is most often practiced;
              (3) the long-term effects of torture upon a victim;
              (4) the identification of the physical, cognitive,
            and emotional effects of torture, and the manner in
            which these effects can affect the interview or hearing
            process; and
              (5) the manner of interviewing victims of torture so
            as not to retraumatize them, eliciting the necessary
            information to document the torture experience, and
            understanding the difficulties victims often have in
            recounting their torture experience.
        (b) Gender-Related Considerations.--In conducting training
    under subsection (a)(4) or (5), gender-specific training shall
    be provided on the subject of interacting with women and men
    who are victims of torture by rape or any other form of sexual
    violence.
             (B) Torture Victims Relief Reauthorization Act of 2005

        Partial text of Public Law 109-165 [H.R. 2017], 119 Stat. 3574,
                           approved January 10, 2006

      AN ACT To amend the Torture Victims Relief Act of 1998 to authorize
    appropriations to provide assistance for domestic and foreign programs
      and centers for the treatment of victims of torture, 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 ``Torture Victims Relief
    Reauthorization Act of 2005''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ STATEMENT OF POLICY.

        It is the policy of the United States--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2152 note.
    ---------------------------------------------------------------------------
              (1) to ensure that, in its support abroad for
            programs and centers for the treatment of victims of
            torture, particular incentives and support should be
            given to establishing and supporting such programs and
            centers in emerging democracies, in post-conflict
            environments, and, with a view to providing services to
            refugees and internally displaced persons, in areas as
            close to ongoing conflict as safely as possible; and
              (2) to ensure that, in its support for domestic
            programs and centers for the treatment of victims of
            torture, particular attention should be given to
            regions with significant immigrant or refugee
            populations.

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

        Section 5(b)(1) of the Torture Victims Relief Act of 1998
    (22 U.S.C. 2152 note) is amended to read as follows: * * *

    SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN TREATMENT CENTERS
                        FOR VICTIMS OF TORTURE.

        Section 4(b)(1) of the Torture Victims Relief Act of 1998
    (22 U.S.C. 2152 note) is amended to read as follows: * * *

    SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES
                        CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND
                        FOR VICTIMS OF TORTURE.

        Of the amounts authorized to be appropriated for fiscal
    years 2006 and 2007 pursuant to chapter 3 of part I of the
    Foreign Assistance Act of 1961, there are authorized to be
    appropriated to the President for a voluntary contribution to
    the United Nations Voluntary Fund for Victims of Torture
    $7,000,000 for fiscal year 2006 and $8,000,000 for fiscal year
    2007.
             (C) Torture Victims Relief Reauthorization Act of 2003

        Partial text of Public Law 108-179 [H.R. 1813], 117 Stat. 2643,
                           approved December 15, 2003

      AN ACT To amend the Torture Victims Relief Act of 1998 to authorize
     appropriations to provide assistance for domestic and foreign centers
      and programs for the treatment of victims of torture, 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 ``Torture Victims Relief
    Reauthorization Act of 2003''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note. Secs. 2 and 3 of this Act amended the
    Torture Victims Relief Act of 1998 to authorize appropriations for
    fiscal years 2004 and 2005.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES
                        CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND
                        FOR VICTIMS OF TORTURE.

        Of the amounts authorized to be appropriated for fiscal
    years 2004 and 2005 pursuant to chapter 3 of part I of the
    Foreign Assistance Act of 1961, there are authorized to be
    appropriated to the President for a voluntary contribution to
    the United Nations Voluntary Fund for Victims of Torture
    $6,000,000 for fiscal year 2004 and $7,000,000 for fiscal year
    2005.
             (D) Torture Victims Relief Reauthorization Act of 1999

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

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

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Torture Victims Relief
    Reauthorization Act of 1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

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

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

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

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

    SEC. 4. MULTILATERAL ASSISTANCE.

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

    SEC. 5. REPORTING REQUIREMENT.

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

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

        (a) Amendment to Foreign Assistance Act of 1961.--The
    second section 129 of the Foreign Assistance Act of 1961, as
    added by section 4(a) of the Torture Victims Relief Act of 1998
    (Public Law 105-320), is redesignated as section 130.
        (b) Amendment to Torture Victims Relief Act of 1998.--
    Section 4(b)(1) of the Torture Victims Relief Act of 1998 is
    amended by striking ``section 129 of the Foreign Assistance Act
    of 1961, as added by subsection (a)'' and inserting ``section
    130 of the Foreign Assistance Act of 1961 (as redesignated by
    section 6(a) of the Torture Victims Relief Reauthorization Act
    of 1999)''.
          (7) Miscellaneous Authorization--Fiscal Years 1996 and 1997

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

              Note.--Except for the provisions noted below, this
            Act consists of amendments to the Foreign Assistance
            Act of 1961 and the Arms Export Control Act. Title II,
            relating to the transfer of naval vessels to foreign
            countries, has been executed and is listed as such on
            page 1346.

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

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

    SECTION 1. TABLE OF CONTENTS.

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

                    TITLE I--DEFENSE AND SECURITY ASSISTANCE

                   CHAPTER 1--MILITARY AND RELATED ASSISTANCE

              * * * * * * *

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

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

            CHAPTER 2--INTERNATIONAL MILITARY EDUCATION AND TRAINING

    SEC. 111. ASSISTANCE FOR INDONESIA.

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

                      CHAPTER 3--ANTITERRORISM ASSISTANCE

              * * * * * * *

    SEC. 122. RESEARCH AND DEVELOPMENT EXPENSES.

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

             CHAPTER 4--INTERNATIONAL NARCOTICS CONTROL ASSISTANCE

              * * * * * * *

    SEC. 132.\2\ NOTIFICATION REQUIREMENT.

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

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

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

                          CHAPTER 5--OTHER PROVISIONS

              * * * * * * *

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

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

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

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ For list of executed Public Laws relating to the transfer of
    naval vessels to foreign countries, see page 1346.
         (8) International Cooperation to Protect Biological Diversity

     Public Law 100-530 [H.J. Res. 648], 102 Stat. 2651, approved October
                                    25, 1988

     JOINT RESOLUTION To encourage increased international cooperation to
                         protect biological diversity.

    Whereas habitat destruction is a main cause of the accelerating
        extinction of animal and plant species;
    Whereas increased international cooperation is essential to
        protect species threatened with extinction and to halt the
        loss of unique and irreplaceable ecosystems; and
    Whereas the United States has strongly supported efforts to
        convene an international convention for preservation of the
        Earth's biological diversity: Now therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1.\1\ STATEMENT OF POLICIES.

        The Congress--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151q note.
    ---------------------------------------------------------------------------
              (1) supports the United States efforts, consistent
            with section 119(g) of the Foreign Assistance Act of
            1961, to initiate discussions to develop an
            international agreement to preserve biological
            diversity; and
              (2) calls upon the President to continue exerting
            United States leadership in order to achieve the
            earliest possible negotiation of an international
            convention to conserve the Earth's biological
            diversity, including the protection of a representative
            system of ecosystems adequate to conserve biological
            diversity.

    SEC. 2.\2\ REPORT.

        Not later than one year after the date of the enactment of
    this joint resolution, the President shall submit a report to
    the Congress on progress toward the goal of negotiating the
    international convention described in paragraph (2) of section
    1.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151q note.
                         (9) Control of Swine Influenza

     Partial text of Public Law 94-302 [H.R. 9721], 90 Stat. 591, approved
                                  May 31, 1976

     AN ACT To provide for increased participation by the United States in
       the Inter-American Development Bank, to provide for the entry of
     nonregional members and the Bahamas and Guyana in the Inter-American
    Development Bank, to provide for the participation of the United States
            in the African Development Fund, and for other purposes.

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

                           TITLE III--SWINE INFLUENZA

        Sec. 301.\1\ (a) The Congress finds and declares that--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2101 note.
    ---------------------------------------------------------------------------
              (1) the problems posed by swine influenza transcend
            national and political boundaries;
              (2) no one country, or even one portion of the world,
            can singularly undertake the search for a worldwide
            solution to the problems posed by swine influenza;
              (3) the global nature of swine influenza demands
            international cooperation and coordination in the
            investigation and planning for effective control of
            swine influenza;
              (4) the Public Health Service of the United States
            has invited the World Health Organization of the United
            Nations and its International Influenza Reference
            Centers to participate in the investigation and
            planning for the control of swine influenza;
              (5) special collaboration has already been
            established among the United States, the United
            Kingdom, and Canada for mutual participation in the
            investigation and planning for the control of swine
            influenza;
              (6) the United States Department of State and the
            Public Health Service of the United States have joint
            programs to provide information to foreign countries on
            the nature and extent of swine influenza and the
            methods necessary to control it; and
              (7) the technology of the United States for the
            surveillance of virus disease and vaccine production
            should be made available to foreign countries.
        (b) It is the sense of the Congress that the President
    should furnish assistance to foreign countries and
    international organizations for the investigation and planning
    for the control of swine influenza.
                        k. Use of Foreign Currencies \1\

                             (1) 31 U.S.C. 1306 \2\

        Title 31, U.S.C. * * *

    Sec. 1306. Use of foreign credits

        (a) In General.--Foreign credits (including currencies)
    owed to or owned by the United States may be used by any agency
    for any purpose for which appropriations are made for the
    agency for the current fiscal year (including the carrying out
    of Acts requiring or authorizing the use of such credits), but
    only when reimbursement therefor is made to the Treasury from
    applicable appropriations of the agency.
    ---------------------------------------------------------------------------
        \1\ For text on Use of Local Currencies, see sec. 40 of the FA Act
    of 1973 (Public Law 93-189; 87 Stat. 714), and sec. 502 of the Mutual
    Security Act of 1954, as amended (Public Law 83-665; 68 Stat. 832), in
    Legislation on Foreign Relations Through 2005, vol. I-A, and page 483
    in this volume, respectively.
        \2\ Sec. 1306, title 31, was originally enacted as sec. 1415 of the
    Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724.
    Public Law 97-258 (96 Stat. 877) revised and recodified title 31 United
    States Code. Sec. 612(a) of the Treasury, Postal Service, and General
    Government Appropriations Act, 1997 (sec. 101(f) of title I of Public
    Law 104-208; 110 Stat. 3009), amended and restated sec. 1306. It
    formerly read as follows:
        ``Foreign credits owed to or owned by the Treasury are not
    available for expenditure by agencies except as provided annually in
    general appropriation laws.''.
    ---------------------------------------------------------------------------
        (b) Exception to Reimbursement Requirement.--Credits
    described in subsection (a) that are received as exchanged
    allowances, or as the proceeds of the sale of personal
    property, may be used in whole or partial payment for the
    acquisition of similar items, to the extent and in the manner
    authorized by law, without reimbursement to the Treasury.
             (2) General Government Matters Appropriation Act, 1962

       Partial text of Public Law 87-125 [H.R. 7577] 75 Stat. 268, 283,
                            approved August 3, 1961

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *
        Sec. 508. Pursuant to section 1415 of the Act of July 15,
    1952 (66 Stat. 662),\1\ foreign credits (including currencies)
    owed to or owned by the United States may be used by Federal
    agencies for any purpose for which appropriations are made for
    the current fiscal year (including the carrying out of Acts
    requiring or authorizing the use of such credits),\2\ only when
    reimbursement therefor is made to the Treasury from applicable
    appropriations of the agency concerned: Provided, That such
    credits received as exchange allowances or proceeds of sales of
    personal property may be used in whole or in part payment for
    acquisition of similar items, to the extent and in the manner
    authorized by law, without reimbursement to the Treasury:
    Provided further, That nothing in section 1415 of the Act of
    July 15, 1952, or in this section shall be construed to prevent
    the making of new or the carrying out of existing contracts,
    agreements, or executive agreements for periods in excess of
    one year, in any case where such contracts, agreements, or
    executive agreements for periods in excess of one year were
    permitted prior to the enactment of this Act under section
    32(b)(2) of the Surplus Property Act of 1944, as amended (50
    U.S.C. App. 1641(b)(2)), and the performance of all such
    contracts, agreements, or executive agreements shall be subject
    to the availability of appropriations for the purchase of
    credits as provided by law.
    ---------------------------------------------------------------------------
        \1\ Sec. 1306, title 31, was originally enacted as sec. 1415 of the
    Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724.
    Public Law 97-258 (96 Stat. 877) revised and recodified title 31,
    including changes to the text and U.S. Code citation to this provision.
        \2\ The words ``and for liquidation of obligations legally incurred
    against such credits prior to July 1, 1953'' appeared at this point in
    previous General Government Matters Appropriation Acts, 1956-1959, and
    the Supplemental Appropriations Act, 1955.
    ---------------------------------------------------------------------------
              * * * * * * *
         (3) Use of Reserved Coins and Currencies of Foreign Countries

        Title 31, U.S.C. * * *

    Sec. 5303.\1\ Reserved coins and currencies of foreign countries

        An agency may use coins and currencies of a foreign country
    the United States Government holds that are or may be reserved
    for a specific program or activity of an agency. The agency
    shall reimburse the Treasury from appropriations and shall
    replace the coins and currencies when they are needed for the
    program or activity for which they were reserved originally.
    ---------------------------------------------------------------------------
        \1\ Sec. 5303, title 31, was originally enacted as Public Law 89-
    677 (80 Stat. 955) and codified at 31 U.S.C. 938. Public Law 97-258 (96
    Stat. 877) revised and recodified title 31, including changes to the
    text and U.S. Code citation to this provision.
                   l. Merchant Marine Act of 1936, as amended

    Act of June 29, 1936, Chapter 858 [H.R. 8355] 49 Stat. 1985, as amended

     AN ACT To further the development and maintenance of an adequate and
    well-balanced American merchant marine, to promote the commerce of the
    United States, to aid in the national defense, to repeal certain former
                      legislation, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *
        Sec. 901.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ 46 U.S.C. app. 1241.
    ---------------------------------------------------------------------------
        (b) \2\ (1) \3\ Whenever the United States shall procure,
    contract for, or otherwise obtain for its own account, or shall
    furnish to or for the account of any foreign nation without
    provision for reimbursement, any equipment, materials, or
    commodities, within or without the United States, or shall
    advance funds or credits or guarantee the convertibility of
    foreign currencies in connection with the furnishing of such
    equipment, materials, or commodities, the appropriate agency or
    agencies shall take such steps as may be necessary and
    practicable to assure that at least 50 per centum of the gross
    tonnage of such equipment, materials, or commodities (computed
    separately for dry bulk carriers, dry cargo liners, and
    tankers), which may be transported on ocean vessels shall be
    transported on privately owned United States-flag commercial
    vessels, to the extent such vessels are available at fair and
    reasonable rates for United States-flag commercial vessels, in
    such manner as will insure a fair and reasonable participation
    of United States-flag commercial vessels in such cargoes by
    geographic areas: Provided, That the provisions of this
    subsection may be waived whenever the Congress by concurrent
    resolution or otherwise, or the President of the United States,
    or the Secretary of Defense declares that an emergency exists
    justifying a temporary waiver of the provisions of section
    901(b)(1) \4\ and so notifies the appropriate agency or
    agencies: And provided further, That the provisions of this
    subsection shall not apply to cargoes carried in vessels of the
    Panama Canal Company. Nothing herein shall repeal or otherwise
    modify the provisions of Public Resolution Numbered 17,
    Seventy-third Congress (48 Stat. 500) \5\ as amended.'' \6\ For
    purposes of this section, the term ``privately owned United
    States-flag commercial vessels'' shall not be deemed to include
    any vessel which, subsequent to the date of enactment of this
    amendment, shall have been either (a) built outside the United
    States, (b) rebuilt outside the United States, or (c)
    documented under any foreign registry, until such vessel shall
    have been documented under the laws of the United States for a
    period of three years: Provided, however, That the provisions
    of this amendment shall not apply where, (1) prior to the
    enactment of this amendment, the owner of a vessel, or
    contractor for the purchase of a vessel, originally constructed
    in the United States and rebuilt abroad or contracted to be
    rebuilt abroad, has notified the Maritime Administration in
    writing of its intent to document such vessel under United
    States registry, and such vessel is so documented on its first
    arrival at a United States port not later than one year
    subsequent to the date of the enactment of this amendment, or
    (2) where prior to the enactment of this amendment, the owner
    of a vessel under United States registry has made a contract
    for the rebuilding abroad of such vessel and has notified the
    Maritime Administration of such contract, and such rebuilding
    is completed and such vessel is thereafter documented under
    United States registry on its first arrival at a United States
    port not later than one year subsequent to the date of the
    enactment of this amendment.\7\
    ---------------------------------------------------------------------------
        \2\ Public Law 83-664 (68 Stat. 832) added subsec. (b).
        \3\ Sec. 27(a) of Public Law 91-469 (Merchant Marine Act of 1970)
    redesignated subsec. (b) as subsec. (b)(1).
        \4\ Sec. 27(b) of Public Law 91-469 inserted ``section 901(b)(1)''
    in lieu of ``section 901(b)''.
        \5\ 15 U.S.C. 616a.
        \6\ See also sec. 603 of the FA Act of 1961, in Legislation on
    Foreign Relations Through 2005, vol. I-A.
        \7\ The last part of this subsection, beginning with the words
    ``For purposes of this section,'' was added by Public Law 87-266.
    ---------------------------------------------------------------------------
        (2) \8\ Every department or agency having responsibility
    under this subsection shall administer its programs with
    respect to this subsection under regulations issued by the
    Secretary of Transportation.\9\ The Secretary of Transportation
    \9\ shall review such administration and shall annually report
    to the Congress with respect thereto.
    ---------------------------------------------------------------------------
        \8\ Sec. 27(c) of Public Law 91-469 added subsec. (2).
        \9\ The references to the Secretary of Transportation were
    substituted in lieu of references to the Secretary of Commerce by sec.
    12(126) of Public Law 97-31 (95 Stat. 165).
    ---------------------------------------------------------------------------
        Sec. 901a.\10\,}\11\ The requirements of section
    901(b)(1) of this Act and the Joint Resolution of March 26,
    1934 (46 U.S.C. App. 1241-1), shall not apply to any export
    activities of the Secretary of Agriculture or the Commodity
    Credit Corporation--
    ---------------------------------------------------------------------------
        \10\ 46 U.S.C. app. 1241e.
        \11\ Sec. 1142 of the Food Security Act of 1985 (Public Law 99-198;
    99 Stat. 1490), added secs. 901a through 901k.
    ---------------------------------------------------------------------------
              (1) under which agricultural commodities or the
            products thereof acquired by the Commodity Credit
            Corporation are made available to United States
            exporters, users, processors, or foreign purchasers for
            the purpose of developing, maintaining, or expanding
            export markets for United States agricultural
            commodities or the products thereof at prevailing world
            market prices;
              (2) under which payments are made available to United
            States exporters, users, or processors or, except as
            provided in section 901b, cash grants are made
            available to foreign purchasers, for the purpose
            described in paragraph (1);
              (3) under which commercial credit guarantees are
            blended with direct credits from the Commodity Credit
            Corporation to reduce the effective rate of interest on
            export sales of United States agricultural commodities
            or the products thereof;
              (4) under which credit or credit guarantees for not
            to exceed 3 years are extended by the Commodity Credit
            Corporation to finance or guarantee export sales of
            United States agricultural commodities or the products
            thereof; or
              (5) under which agricultural commodities or the
            products thereof owned or controlled by or under loan
            from the Commodity Credit Corporation are exchanged or
            bartered for materials, goods, equipment, or services,
            but only if such materials, goods, equipment, or
            services are of a value at least equivalent to the
            value of the agricultural commodities or products
            exchanged or bartered therefor (determined on the basis
            of prevailing world market prices at the time of the
            exchange or barter), but nothing in this subsection
            shall be construed to exempt from the cargo preference
            provisions referred to in section 901b any requirement
            otherwise applicable to the materials, goods,
            equipment, or services imported under any such
            transaction.

     shipment requirements for certain exports sponsored by the department
                                 of agriculture

        Sec. 901b.\11\,}\12\ (a)(1) In addition to the
    United States requirement for flag carriage of a percentage of
    gross tonnage imposed by section 901(b)(1) of this Act, 25
    percent of the gross tonnage of agricultural commodities or the
    products thereby specified in subsection (b) shall be
    transported on United States-flag commercial vessels.
    ---------------------------------------------------------------------------
        \12\ 46 U.S.C. app. 1241f.
    ---------------------------------------------------------------------------
        (2) In order to achieve an orderly and efficient
    implementation of the requirement of paragraph (1)--
              (A) an additional quantity equal to 10 percent of the
            gross tonnage referred to in paragraph (1) shall be
            transported in United States-flag vessels in calendar
            year 1986;
              (B) an additional quantity equal to 20 percent of the
            gross tonnage shall be transported in such vessels in
            calendar year 1987; and
              (C) an additional quantity equal to 25 percent of the
            gross tonnage shall be transported in such vessels in
            calendar year 1988 and in each calendar year
            thereafter.
        (b) This section shall apply to an export activity of the
    Commodity Credit Corporation or the Secretary of Agriculture--
              (1) carried out under the Agricultural Trade
            Development and Assistance Act of 1954 (7 U.S.C. 1691
            et seq.);
              (2) carried out under section 416 of the Agricultural
            Act of 1949 (7 U.S.C. 1431);
              (3) carried out under the Bill Emerson Humanitarian
            Trust Act (7 U.S.C. 1736f-1 et seq.); \13\
    ---------------------------------------------------------------------------
        \13\ Sec. 212(b)(5) of Public Law 105-385 (112 Stat. 3467) struck
    out ``Food Security Wheat Reserve Act of 1980 (7 U.S.C. 1736f-1)'' and
    inserted in lieu thereof ``Bill Emerson Humanitarian Trust Act (7
    U.S.C. 1736f-1 et seq.)''.
    ---------------------------------------------------------------------------
              (4) under which agricultural commodities or the
            products thereof are--
                      (A) donated through foreign governments or
                    agencies, private or public, including
                    intergovernmental organizations; or
                      (B) sold for foreign currencies or for
                    dollars on credit terms of more than ten years;
              (5) under which agricultural commodities or the
            products thereof are made available for emergency food
            relief at less than prevailing world market prices;
              (6) under which a cash grant is made directly or
            through an intermediary to a foreign purchaser for the
            purpose of enabling the purchaser to obtain United
            States agricultural commodities or the products thereof
            in an amount greater than the difference between the
            prevailing world market price and the United States
            market price, free along side vessel at United States
            port; or
              (7) under which the agricultural commodities owned or
            controlled by or under loan for the Commodity Credit
            Corporation are exchanged or bartered for materials,
            goods, equipment, or services produced in foreign
            countries, other than export activities described in
            section 901a (5).
        (c)(1) The requirement for United States-flag
    transportation imposed by subsection (a) shall be subject to
    the same terms and conditions as provided in section 901(b) of
    this Act.
        (2) \14\ In order to provide for effective and equitable
    administration of the cargo preference laws the calendar year
    for the purpose of compliance with minimum percentage
    requirements shall be for 12 month periods commencing April 1,
    1986, the 18-month period beginning April 1, 2002, and the 12-
    month period beginning October 1, 2003, and each year
    thereafter.\15\
    ---------------------------------------------------------------------------
        \14\ Sec. 1525 of the Agricultural Development and Trade Act of
    1990 (Public Law 101-624; 104 Stat. 3667) struck out subpara. ``(A)''
    in para. (2); struck out subpara. (B), and inserted new paras. (3),
    (4), and (5). Subparas. (A) and (B) were further amended by Public Law
    104-239 (see notes below), para. (4) was struck out and para. (5) was
    redesignated as para. (4).
        \15\ Sec. 3514 of the Maritime Security Act of 2003 (title XXXV of
    the National Defense Authorization Act, Fiscal Year 2004; Public Law
    108-136; 117 Stat. 1792) struck out ``1986.'' and inserted in lieu
    thereof ``1986, the 18-month period beginning April 1, 2002, and the
    12-month period beginning October 1, 2003, and each year thereafter.''
    ---------------------------------------------------------------------------
      (3) \14\ (A) Subject to subparagraph (B), in administering
    sections 901(b) and 901b (46 U.S.C. App. 1241(b) and 1241f),
    and, subject to subparagraph (B) of this paragraph, consistent
    with those sections,\16\ the Commodity Credit Corporation shall
    take such steps as may be necessary and practicable without
    detriment to any port range to allocate, on the principle of
    lowest landed cost without regard to the country of
    documentation of the vessel, 25 percent \17\ of the bagged,
    processed, or fortified commodities furnished pursuant to title
    II of the Agricultural Trade Development and Assistance Act of
    1954 (7 U.S.C. 1751 et seq.).
    ---------------------------------------------------------------------------
        \16\ Sec. 17(a)(1)(A) of the Maritime Security Act of 1996 (Public
    Law 104-239; 110 Stat. 3138) struck out ``and consistent with those
    sections,'' and inserted in lieu thereof ``and, subject to subparagraph
    (B) of this paragraph, consistent with those sections,''.
        \17\ Sec. 17(a)(1)(B) of the Maritime Security Act of 1996 (Public
    Law 104-239; 110 Stat. 3139) struck out ``50 percent'' and inserted in
    lieu thereof ``25 percent''.
    ---------------------------------------------------------------------------
        (B) \18\ In carrying out this paragraph, there shall first
    be calculated the allocation of 100 percent of the quantity to
    be procured on an overall lowest landed cost basis without
    regard to the country of documentation of the vessel and there
    shall be allocated to the Great Lakes port range any cargoes
    for which it has the lowest landed cost under that calculation.
    The requirements for United States-flag transportation under
    section 901(b) and this section shall not apply to commodities
    allocated under subparagraph (A) to the Great Lakes port range,
    and commodities allocated under subparagraph (A) to that port
    range may not be reallocated or diverted to another port range
    to meet those requirements to the extent that the total tonnage
    of commodities to which subparagraph (A) applies that is
    furnished and transported from the Great Lakes port range is
    less than 25 percent of the total annual tonnage of such
    commodities furnished.
    ---------------------------------------------------------------------------
        \18\ Sec. 17(a)(2) of the Maritime Security Act of 1996 (Public Law
    104-239; 110 Stat. 3139) struck out subpara. (B) and added new
    subparas. (B) and (C). Former subpara. (B) read as follows:
        ``(B) In carrying out this paragraph, the Commodity Credit
    Corporation shall not allocate to the Great Lakes port range in any
    year a percentage share of commodities referred to in subparagraph (A)
    that is greater than the share experienced by that port range in 1984,
    as determined by the Secretary of Agriculture.''.
    ---------------------------------------------------------------------------
        (C) \18\ In awarding any contract for the transportation by
    vessel of commodities from the Great Lakes port range pursuant
    to an export activity referred to in subsection (b), each
    agency or instrumentality--
              (i) shall consider expressions of freight interest
            for any vessel from a vessel operator who meets
            reasonable requirements for financial and operational
            integrity; and
              (ii) may not deny award of the contract to a person
            based on the type of vessel on which the transportation
            would be provided (including on the basis that the
            transportation would not be provided on a liner vessel
            (as that term is used in the Shipping Act of 1984, as
            in effect on November 14, 1995)), if the person
            otherwise satisfies reasonable requirements for
            financial and operational integrity.
      (4) \14\,}\19\ Any determination of
    nonavailability of United States-flag vessels resulting from
    the application of this subsection shall not reduce the gross
    tonnage of commodities required by sections 901(b) and 901b to
    be transported on United States-flag vessels.
    ---------------------------------------------------------------------------
        \19\ Sec. 17(b) of the Maritime Security Act of 1996 (Public Law
    104-239; 110 Stat. 3139) struck out para. (4) and redesignated para.
    (5) as para. (4). Former para. (4) had read as follows:
        ``(4) Amounts of cargo allocated to ports in the Great Lakes port
    range pursuant to paragraph (3) shall not be exported from a different
    port range except as necessary to meet United States-flag
    transportation requirements of sections 901(b) and 901b, in which case
    within the same year the Commodity Credit Corporation shall take such
    steps as are necessary and practicable without detriment to any port
    range to ensure the export from the Great Lakes port range of an amount
    of tonnage of commodities referred to in paragraph (3)(A) that is not
    required to be transported on United States-flag vessels, that is equal
    to the amount of tonnage diverted for export from other port ranges.''.
    ---------------------------------------------------------------------------
        (d) As used in subsection (b), the term ``export activity''
    does not include inspection or weighing activities, other
    activities carried out for health or safety purposes, or
    technical assistance provided in the handling of commercial
    transactions.
        (e)(1) The prevailing world market price as to agricultural
    commodities or the products thereof shall be determined under
    section 901a through 901d in accordance with procedures
    established by the Secretary of Agriculture. The Secretary
    shall prescribe such procedures by regulation, with notice and
    opportunity for public comment, pursuant to section 553 of
    title 5, United States Code.
        (2) In the event that a determination of the prevailing
    world market price of any other type of materials, goods,
    equipment, or service is required in order to determine whether
    a barter or exchange transaction is subject to subsection
    (b)(6) or (b)(7), such determination shall be made by the
    Secretary of Agriculture in consultation with the heads of
    other appropriate Federal agencies.

                                minimum tonnage

        Sec. 901c.\11\,}\20\ (a)(1) For fiscal year 1986
    and each fiscal year thereafter, the minimum quantity of
    agricultural commodities to be exported under programs subject
    to section 901b shall be the average of the tonnage exported
    under such programs during the base period defined in
    subsection (b), discarding the high and low years.
    ---------------------------------------------------------------------------
        \20\ 46 U.S.C. app. 1241g.
    ---------------------------------------------------------------------------
        (2) The President may waive the minimum quantity for any
    fiscal year required under paragraph (1) if he determines and
    reports to the Congress, together with his reasons, that such
    quantity cannot be effectively used for the purposes of such
    programs or, based on a certification by the Secretary of
    Agriculture, that the commodities are not available for reasons
    which include the unavailability of funds.
        (b) The base period utilized for computing the minimum
    tonnage quantity referred to in subsection (a) for any fiscal
    year shall be the five fiscal years beginning with the sixth
    fiscal year preceding such fiscal year and ending with the
    second fiscal year preceding such fiscal year.

    financing of shipment of agricultural commodities in united states-flag
                                    vessels

        Sec. 901d.\11\,}\21\ (a) The Secretary of
    Transportation shall finance any increased ocean freight
    charges incurred in any fiscal year which result from the
    application of section 901b.
    ---------------------------------------------------------------------------
        \21\ 46 U.S.C. app. 1241h.
    ---------------------------------------------------------------------------
        (b) If in any fiscal year the total cost of ocean freight
    and ocean freight differential for which obligations are
    incurred by the Department of Agriculture and the Commodity
    Credit Corporation on exports of agricultural commodities and
    products thereof under the agricultural export programs
    specified in section 901b(b) exceeds 20 percent of the value of
    such commodities and products and the cost of such ocean
    freight and ocean freight differential on which obligations are
    incurred by such Department and Corporation during such year,
    the Secretary of Transportation shall reimburse the Department
    of Agriculture and the Commodity Credit Corporation for the
    amount of such excess. For the purpose of this subsection,
    commodities shipped from the inventory of the Commodity Credit
    Corporation shall be valued as provided in section 403(b) of
    the Agricultural Trade Development and Assistance Act of 1954
    (7 U.S.C. 1733(b)).
        (c) For the purpose of meeting those expenses required to
    be assumed under subsections (a) and (b), the Secretary of
    Transportation shall issue to the Secretary of the Treasury
    such obligations in such forms and denominations, bearing such
    maturities and subject to such terms and conditions, as may be
    prescribed by the Secretary of Transportation with the approval
    of the Secretary of the Treasury. Such obligations shall be at
    a rate of interest as determined by the Secretary of the
    Treasury, taking into consideration the average market yield on
    outstanding marketable obligations of the United States with
    remaining periods of maturity comparable to the average
    maturities of such obligations during the month preceding the
    issuance of such obligations of the Secretary of
    Transportation. The Secretary of the Treasury shall purchase
    any obligations of the Secretary of Transportation issued under
    this subsection and, for the purpose of purchasing such
    obligations, the Secretary of the Treasury may use as a public
    debt transaction the proceeds from the sale of any securities
    issued under chapter 31 of title 31, United States Code, after
    the date of the enactment of this Act and the purposes for
    which securities may be issued under such chapter are extended
    to include any purchases of the obligations of the Secretary of
    Transportation under this subsection. All redemptions and
    purchases by the Secretary of the Treasury of the obligations
    of the Secretary of Transportation shall be treated as public-
    debt transactions of the United States.
        (d) There is authorized to be appropriated annually for
    each fiscal year, commencing with the fiscal year beginning
    October 1, 1986, an amount sufficient to reimburse the
    Secretary of Transportation for the costs, including
    administrative expenses and the principal and interest due on
    the obligations to the Secretary of the Treasury incurred under
    this section. Reimbursement of any such costs shall be made
    with appropriated funds, as provided in this section, rather
    than through cancellation of notes.
        (e) Notwithstanding the provisions of this section, in the
    event that the Secretary of Transportation is unable to obtain
    the funds necessary to finance the increased ocean freight
    charges resulting from the requirements of subsections (a) and
    (b) and section 901b(a), the Secretary of Transportation shall
    so notify the Congress within 10 working days of the discovery
    of such insufficiency.

                        authorization of appropriations

        Sec. 901e.\11\,}\22\ There are authorized to be
    appropriated such sums as may be necessary to carry out the
    provisions of sections 901a through 901k.
    ---------------------------------------------------------------------------
        \22\ 46 U.S.C. app. 1241i.
    ---------------------------------------------------------------------------

                   termination of sections 901a through 901k

        Sec. 901f.\11\,}\23\ The operation of section
    901a through 901k shall terminate 90 days after the date on
    which a notification is made pursuant to section 901d(e),
    except with respect to shipments of agricultural commodities
    and products subject to contracts entered into before the
    expiration of such 90-day period, unless within such 90-day
    period the Secretary of Transportation proclaims that funds are
    available to finance increased freight charges resulting from
    the requirements of sections 901b (a) and 901d (a) and (b). In
    the event of termination under this section, nothing in
    sections 901a through 901d shall be construed as exempting
    export activities from or subjecting export activities to the
    cargo preference laws except to the extent those activities are
    exempt under section 4(b) of Public Law 95-501 (7 U.S.C.
    1707a(b)). In the event of termination under this section, the
    50 percent requirement in section 901(b) of the Merchant Marine
    Act, 1936 shall be in full effect.
    ---------------------------------------------------------------------------
        \23\ 46 U.S.C. app. 1241j.
    ---------------------------------------------------------------------------

      national advisory commission on agricultural export transportation
                                     policy

        Sec. 901g.\11\,}\24\ (a) There is hereby
    established an advisory commission to be known as the National
    Advisory Commission on Agricultural Export Transportation
    Policy (hereafter in this section through section 901j referred
    to as the ``Commission'').
    ---------------------------------------------------------------------------
        \24\ 46 U.S.C. app. 1241k.
    ---------------------------------------------------------------------------
        (b)(1) The Commission shall be composed of 16 members.
        (2) Eight members of the Commission shall be appointed by
    the President.
        (3) The chairman and ranking minority members of the Senate
    Committee on Agriculture, Nutrition, and Forestry, of the
    Subcommittee on Merchant Marine of the Senate Committee on
    Commerce, Science, and Transportation, of the House Committee
    on Agriculture, and of the House Committee on Transportation
    and Infrastructure \25\ shall serve as members of the
    Commission.
    ---------------------------------------------------------------------------
        \25\ The House Committee on Merchant Marine and Fisheries was
    abolished in the 104th Congress, and sec. 1(b)(3) of Public Law 104-14
    (109 Stat. 186) stated the following:
        ``(3) the Committee on Merchant Marine and Fisheries of the House
    of Representatives shall be treated as referring to
    ---------------------------------------------------------------------------

      ``(A) the Committee on Agriculture of the House of Representatives, in
    the case of a provision of law relating to-- inspection of seafood or
    seafood products;

      ``(B) the Committee on National Security of the House of Representatives,
    in the case of a provision of law relating to interoceanic canals, the
    Merchant Marine Academy and State Maritime Academies, or national security
    aspects of merchant marine;

      ``(C) the Committee on Resources of the House of Representatives, in the
    case of a provision of law relating to fisheries, wildlife, international
    fishing agreements, marine affairs (including coastal zone management)
    except for measures relating to oil and other pollution of navigable
    waters, or oceanography;

      ``(D) the Committee on Science of the House of Representatives, in the
    case of a provision of law relating to marine research; and

      ``(E) the Committee on Transportation and Infrastructure of the House of
    Representatives, in the case of a provision of law relating to a matter
    other than a matter described in any of subparagraphs (A) through (D).''.
    ---------------------------------------------------------------------------

        Sec. 408(c)(2) of Public Law 107-295 (116 Stat. 2117) subsequently
    struck out ``Merchant Marine and Fisheries'' and inserted in lieu
    thereof ``Transportation and Infrastructure''.
    ---------------------------------------------------------------------------
        (4)(A) Four of the members appointed by the President shall
    be representatives of agricultural producers, cooperatives,
    merchandisers, and processors of agricultural commodities.
        (B) The remaining four members appointed by the President
    shall be representatives of the United States-flag maritime
    industry, two of whom shall represent labor and two of whom
    shall represent management.
        (c)(1) The members of the Commission shall elect a Chairman
    from among its members.
        (2) Any vacancy in the Commission does not affect its
    powers but shall be filled in the same manner in which the
    original appointment was made.

                            duties of the commission

        Sec. 901h.\11\,}\26\ (a) It shall be the duty of
    the Commission to conduct a comprehensive study and review of
    the ocean transportation of agricultural exports subject to the
    cargo preference laws referred to in section 901b and to make
    recommendations to the President and the Congress for improving
    the efficiency of such transportation on United States-flag
    vessels in order to reduce the costs incurred by the United
    States in connection with such transportation. In carrying out
    such study and review, the Commission shall consider the extent
    to which any unfair or discriminatory practices of foreign
    governments increase the cost to the United States of
    transporting agricultural commodities subject to such cargo
    preference laws.
    ---------------------------------------------------------------------------
        \26\ 46 U.S.C. app. 1241l.
    ---------------------------------------------------------------------------
        (b)(1) The Commission shall submit an interim report to the
    President and the Congress not later than one year after the
    date of the enactment of this subtitle and such other interim
    reports as the Commission considers advisable.
        (2) The Commission shall submit a final report containing
    its findings and recommendations to the President and the
    Congress not later than two years after the date of the
    enactment of this subtitle. The report shall include
    recommendations for any changes in the provisions of paragraph
    (1) that would help assure that the cost of ocean freight and
    ocean freight differential incurred by the Department of
    Agriculture and the Commodity Credit Corporation on the
    agricultural export programs specified in section 901b, is not
    increased above historical levels as a result of the extra
    demand for United States-flag vessels caused by section 901b.
        (3) Sixty days after the submission of the final report,
    the Commission shall cease to exist.
        (c) The Commission shall include in its reports submitted
    pursuant to subsection (b) recommendations concerning the
    feasibility and desirability of achieving the following goals
    with respect to the ocean transportation of agricultural
    commodities subject to the cargo preference laws referred to in
    section 901b:
              (1) Ensuring that the timing of commodity purchase
            agreements entered into by the United States in
            connection with the export of such commodities, and the
            methods of implementing such agreements, will minimize
            cost to the United States.
              (2) Ensuring that shipments of such commodities are
            made on the most modern and efficient United States-
            flag vessels available.
              (3) Ensuring that shipments of such commodities are
            made under the most advantageous terms available,
            including--
                      (A) charters for full shiploads;
                      (B) charters for intermediate or long term;
                      (C) charters for consecutive voyages and
                    contracts of affreightment; and
                      (D) adjustment of rates in the event that
                    vessels used for shipments of such commodities
                    also carry cargoes on return voyages.
              (4) Reduction and elimination of impediments,
            including delays in port, to the efficient loading and
            operation of the vessels employed for shipment of such
            commodities.
              (5) Utilization of open and competitive bidding for
            the ocean transportation of such commodities.

          information and assistance to be furnished to the commission

        Sec. 901i.\11\,}\27\ (a) Each department,
    agency, and instrumentality of the United States, including
    independent agencies, shall furnish to the Commission, upon
    request made by the Chairman, such statistical data, reports,
    and other information as the Commission considers necessary to
    carry out its functions.
    ---------------------------------------------------------------------------
        \27\ 46 U.S.C. app. 1241m.
    ---------------------------------------------------------------------------
        (b) The Secretary of Agriculture and the Secretary of
    Transportation shall make available to the Commission such
    staff, personnel, and administrative services as may reasonably
    be required to carry out the Commission's duties.

     compensation and travel and subsistence expenses of commission members

        Sec. 901j.\11\,}\28\ Members of the Commission
    shall serve without compensation in addition to compensation
    they may otherwise be entitled to receive as employees of the
    United States or as Members of Congress, but shall be
    reimbursed for travel, subsistence, and other necessary
    expenses incurred in the performance of duties vested in the
    Commission.
    ---------------------------------------------------------------------------
        \28\ 46 U.S.C. app. 1241n.
    ---------------------------------------------------------------------------

    definition of united states flag vessel eligible to carry cargoes under
                                certain sections

        Sec. 901k.\11\,}\29\ A United States flag vessel
    eligible to carry cargoes under sections 901b through 901d
    means a vessel, as defined in section 3 of title 1, United
    States Code, that is necessary for national security purposes
    and, if more than 25 years old, is within five years of having
    been substantially rebuilt and certified by the Secretary of
    Transportation as having a useful life of at least five years
    after that rebuilding.
    ---------------------------------------------------------------------------
        \29\ 46 U.S.C. app. 1241o.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 1111.\30\ (a) Authority To Guarantee Obligations for
    Eligible Export Vessels.--The Secretary may guarantee
    obligations for eligible export vessels--
    ---------------------------------------------------------------------------
        \30\ 46 U.S.C. app. 1279d. Sec. 1355(a) of the National Defense
    Authorization Act for Fiscal Year 1994 (103-160; 107 Stat. 1811) added
    sec. 1111. Sec. 1355(b) of that Act further provided:
        ``(b) Implementation.--
    ---------------------------------------------------------------------------

      ``(1) Initial designation of council members.--Each member of the council
    established under section 1111(b) of the Merchant Marine Act, 1936, as
    added by subsection (a), shall name a designee for service on the council
    not later than 30 days after the date of the enactment of this Act. Each
    such member shall promptly notify the Secretary of Transportation of that
    designation.

      ``(2) Designation of senior marad official.--Not later than 30 days after
    the date of the enactment of this Act, the Secretary of Transportation
    shall designate a senior official within the Maritime Administration to
    have the responsibility and authority to carry out the terms and conditions
    set forth under section 1111 of title XI the Merchant Marine Act, 1936, as
    added by subsection (a). The Secretary shall make the designation of that
    official known through a public announcement in a national periodical.''.
    ---------------------------------------------------------------------------

        Sec. 303 of the Fisheries Financing Act (title III of the
    Sustainable Fisheries Act; Public Law 104-297; 110 Stat. 3559 at 3615)
    added another sec. 1111, relating to fisheries financing and capacity
    reduction.
    ---------------------------------------------------------------------------
              (1) in accordance with the terms and conditions of
            this title applicable to loan guarantees in the case of
            vessels documented under the laws of the United States;
            or
              (2) in accordance with such other terms as the
            Secretary determines to be more favorable than the
            terms otherwise provided in this title and to be
            compatible with export credit terms offered by foreign
            governments for the sale of vessels built in foreign
            shipyards.
        (b) Interagency Council.--
              (1) Establishment; composition.--There is hereby
            established an interagency council for the purposes of
            this section. The council shall be composed of the
            Secretary of Transportation, who shall be chairman of
            the Council, the Secretary of the Treasury, the
            Secretary of State, the Assistant to the President for
            Economic Policy, the United States Trade
            Representative, and the President and Chairman of the
            United States Export-Import Bank, or their designees.
              (2) Purpose of the council.--The council shall--
                      (A) obtain information on shipbuilding loan
                    guarantees, on direct and indirect subsidies,
                    and on other favorable treatment of shipyards
                    provided by foreign governments to shipyards in
                    competition with United States shipyards; and
                      (B) provide guidance to the Secretary in
                    establishing terms for loan guarantees for
                    eligible export vessels under subsection
                    (a)(2).
              (3) Consultation with u.s. shipbuilders.--The council
            shall consult regularly with United States shipbuilders
            to obtain the essential information concerning
            international shipbuilding competition on which to set
            terms and conditions for loan guarantees under
            subsection (a)(2).
              (4) Annual Report.--Not later than January 31 of each
            year (beginning in 1995), the Secretary of
            Transportation shall submit to Congress a report on the
            activities of the Secretary under this section during
            the preceding year. Each report shall include
            documentation of sources of information on assistance
            provided by the governments of other nations to
            shipyards in those nations and a summary of
            recommendations made to the Secretary during the
            preceding year regarding applications submitted to the
            Secretary during that year for loan guarantees under
            this title for construction of eligible export vessels.
    2. Executive Orders, Delegations of Authority and Reorganization Plans
              Relating to Foreign Assistance and Arms Exports \1\

         a. Administration of Foreign Assistance and Related Functions

    Executive Order 12163,\2\ September 29, 1979, 44 F.R. 56673, 22 U.S.C.
    2381 note, as amended by Executive Order 12226, July 22, 1980, 45 F.R.
       49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109;
      Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order
    12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14,
     1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R.
    3733; Executive Order 12560, May 24, 1986, F.R. 19159; Executive Order
        12608, September 9, 1987, 52 F.R. 34617; Executive Order 12620,
     December 24, 1987, 52 F.R. 49135; Executive Order 12639, May 6, 1988,
      53 F.R. 16691; Executive Order 12680, July 5, 1989, 54 F.R. 28995;
    Executive Order 12695, November 1, 1989, 54 F.R. 46589; Executive Order
        12738, December 14, 1990, 55 F.R. 52033; Executive Order 13030,
    December 12, 1996, 61 F.R. 66187; Executive Order 13091, June 29, 1998,
     63 F.R. 36153; Executive Order 13118, March 31, 1999, 64 F.R. 16595;
     Executive Order 13346, July 8, 2004, 69 F.R. 41905; and by Executive
                 Order 13361, November 16, 2004, 69 F.R. 67633

        By virtue of the authority vested in me by the Foreign
    Assistance Act of 1961, Reorganization Plan No. 2 of 1979,\2\
    the International Development Cooperation Act of 1979, and
    section 301 of title 3 of the United States Code, and as
    President of the United States, it is hereby ordered as
    follows:
    ---------------------------------------------------------------------------
        \1\ See also Executive Order 13257 (February 13, 2002; 67 F.R.
    7259), as amended, establishing the President's Interagency Task Force
    to Monitor and Combat Trafficking in Persons, in Legislation on Foreign
    Relations Through 2005, vol. I-A; Executive Order 12703 (February 20,
    1990; 55 F.R. 6351), as amended, delegating authority related to the
    Support for East European Democracy (SEED) Program; Executive Order
    12884 (December 1, 1993; 58 F.R. 64099), as amended, delegating
    functions Under the FREEDOM Support Act and Related Provisions of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, Executive Order 12880 (November 16, 1993; 58 F.R.
    60989) and Executive Order 12992 (March 15, 1996; 61 F.R. 11287),
    related to international narcotics control, in this volume.
        \2\ On March 31, 1999, the President issued Executive Order 13118
    (64 F.R. 16595), which substantially rewrote Executive Order 12163 to
    conform with requirements of the Foreign Affairs Reform and
    Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat.
    2681-790).
        Secs. 1401 and 1422(a)(2) of that Act provided that the following
    Executive Orders, delegation of authority and reorganization plan would
    cease to be effective on Apri1 1, 1999, or upon the date of abolition
    of the U.S. IDCA pursuant to the reorganization plan described in sec.
    1601 of that Act:
    ---------------------------------------------------------------------------

      (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).

      (2) Secs. 1-101 through 1-103, secs. 1-401 through 1-403, sec. 1-801(a),
    and such other provisions that relate to the United States International
    Development Cooperation Agency or the Director of IDCA, of Executive Order
    12163 (22 U.S.C. 2381 note; relating to administration of foreign
    assistance and related functions).

      (3) The International Development Cooperation Agency Delegation of
    Authority Numbered 1 (44 Fed. Reg. 57521), except for secs. 1 through 6 of
    such Delegation of Authority.

      (4) Sec. 3 of Executive Order No. 12884 (58 Fed. Reg. 64099; relating to
    the delegation of functions under the Freedom for Russia and Emerging
    Eurasian Democracies and Open Markets Support Act of 1992, the Foreign
    Assistance Act of 1961, the Foreign Operations, Export Financing and
    Related Programs Appropriations Act, 1993, and sec. 301 of title 3, United
    States Code).
    ---------------------------------------------------------------------------

        Amendments made to Executive Order 12163 by Executive Order 13118,
    March 31, 1998 (64 F.R. 16595), to implement the Foreign Affairs Reform
    and Restructuring Act of 1998 are incorporated herein.
    ---------------------------------------------------------------------------

                          1-1.\3\ DEPARTMENT OF STATE.

        1-100. Delegation of Functions. (a) Exclusive of the
    functions otherwise delegated, or reserved to the President, by
    this order, Executive Order 12884, Executive Order 11579, and
    Executive Order 12757,\4\ and subject to the provisions of such
    orders, there are hereby delegated to the Secretary of State
    (referred to in this Part as the ``Secretary'') all functions
    conferred upon the President by:
    ---------------------------------------------------------------------------
        \3\ Sec. 1 of Executive Order 13118, March 31, 1999 (64 F.R.
    16595), amended and restated part 1-1 in its entirety.
        \4\ Executive Order 13345, July 8, 2004 (69 F.R. 41901) revoked
    Executive Order 12757.
    ---------------------------------------------------------------------------
              (1) the Foreign Assistance Act of 1961 (22 U.S.C.
            2151 et seq.) (``Act'');
                      (i) except that with respect to section
                    505(a) of the Act, such functions only insofar
                    as those functions relate to other provisions
                    which may be required by the President or only
                    insofar as they relate to consent;
                      (ii except that with respect to section
                    505(b) of the Act, such functions only insofar
                    as those functions pertain to countries that
                    agree to the conditions set forth therein;
              (2) section 1205(b) of the International Security and
            Development Cooperation Act of 1985 (``ISDCA of
            1985'');
              (3) section 8(d) of the Act of January 12, 1971 (22
            U.S.C. 2321b(d));
              (4) section 607 of the International Security
            Assistance and Arms Export Control Act of 1976 (22
            U.S.C. 2394a);
              (5) section 402(b)(2) of title 10, United States
            Code, which shall be exercised in consultation with the
            Secretary of Defense;
              (6) the third proviso under the heading ``Development
            Assistance'' contained in title II of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 1999 (as contained in Public Law
            105-277);
              (7) section 572 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1989 (Public Law 100-461);
              (8) sections 508, 517, 518, 528(a), 535, 539, 544,
            561, 563, 572, 574, 575, 585, 594 of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 1999 (as contained in Public Law
            105-277);
              (9) section 523 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1999 (as contained in Public Law 105-277), which shall
            be exercised in consultation with the Secretary of the
            Treasury;
              (10) section 551 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1999 (as contained in Public Law 105-277);
              (11) section 591 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1998 (Public Law 105-118), and the provisions of law
            referenced therein;
              (12) section 821(b) of the Western Hemisphere Drug
            Elimination Act (as contained in Public Law 105- 277);
            \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 3 of Executive Order 13346 (69 F.R. 41905) struck out a
    period at the end of para. (12); inserted in lieu thereof a semicolon,
    and added new paras. (13), (14), and (15).
    ---------------------------------------------------------------------------
              (13) \5\ title II of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            2002 (Public Law 107-115), under the heading
            ``Assistance for the Independent States of the Former
            Soviet Union,'' in subsections (g)(4) and (6);
              (14) \5\ section 512 of Division D of the
            Consolidated Appropriations Act, 2004 (Public Law 108-
            199);
              (15) \5\ section 5(c) and 6 of the Anglo-Irish
            Agreement Support Act of 1986 (Public Law 99-415), as
            amended; \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a) of Executive Order 13361 (69 F.R. 67633) struck out a
    period at the end of para. (15); inserted in lieu thereof a semicolon,
    and added new para. (16).
    ---------------------------------------------------------------------------
              (16) \6\ the United States Leadership Against HIV/
            AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
            108-25) (the ``HIV/AIDS Act''), as amended, and
            amendments made by the HIV/AIDS Act, which the
            Secretary shall perform, in the case of section 304,
            after consultation with the Secretary of Health and
            Human Services.
        (b) The functions under section 653 of the Act delegated to
    the Secretary shall be exercised in consultation with the
    Secretary of Defense, insofar as they relate to functions under
    the Act administered by the Department of Defense, and the
    Director of the Office of Management and Budget.
        (c) The functions under sections 239(f), 620(e), 620(g),
    620(j), 620(q), and 620(s) of the Act delegated to the
    Secretary shall be exercised in consultation with the
    Administrator of the United States Agency for International
    Development.
        (d) \7\ The Secretary shall perform all public information
    functions abroad with respect to the foreign assistance, aid,
    and development programs of the United States Government, to
    the extent such functions are not specifically assigned by
    statute to be performed by a different officer.
    ---------------------------------------------------------------------------
        \7\ Sec. 11 of Executive Order 13118, March 31, 1999 (64 F.R.
    16599), provides that ``The provisions of this order shall become
    effective as of April 1, 1999, except that the authority contained in
    section 1-100(d), and the amendment made by section 5(2) of this order,
    shall become effective as of October 1, 1999.''.
    ---------------------------------------------------------------------------
        (e) The Secretary may redelegate to any other officer or
    agency of the Executive branch functions delegated to the
    Secretary by this order to the extent such delegation is not
    otherwise prohibited by law.

           1-2.\8\ UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

        1-200. United States Agency for International Development.
    ---------------------------------------------------------------------------
        \8\ Sec. 2 of Executive Order 13118, March 31, 1999 (64 F.R.
    16596), amended and restated part 1-2 in its entirety.
    ---------------------------------------------------------------------------
        (a) The United States Agency for International Development
    is an independent establishment within the Executive branch.
    Any reference in the Act to the agency primarily responsible
    for administering part I of the Act, or to the Administrator of
    such agency, shall be deemed to be a reference to the United
    States Agency for International Development or to the
    Administrator of that agency, as appropriate.
        (b) The United States Agency for International Development
    shall be headed by an Administrator appointed pursuant to
    section 624(a) of the Act.
        (c) The officers provided for in section 624(a) of the Act
    shall serve in the United States Agency for International
    Development.
        (d) The Office of Small Business provided for in section
    602(b) of the Act shall be in the United States Agency for
    International Development.
        (e) To the extent practicable, the Administrator of the
    United States Agency for International Development will
    exercise functions relating to Foreign Service personnel in a
    manner that will assure maximum compatibility among agencies
    authorized by law to utilize the Foreign Service personnel
    system. To this end, the Administrator shall consult regularly
    with the Secretary of State.

                           1-3. DEPARTMENT OF DEFENSE

        1-301. Delegation of Functions. Subject to the provisions
    of this order, there are hereby delegated to the Secretary of
    Defense:
        (a) The functions conferred upon the President by Part II
    (except chapters 4, 6, and 8 thereof \9\ of the Act) not
    otherwise delegated or reserved to the President.
    ---------------------------------------------------------------------------
        \9\ The reference to chapter 8 was added by Executive Order 12458,
    Jan. 14, 1984 (49 F.R. 1977).
    ---------------------------------------------------------------------------
        (b) To the extent that they relate to other functions under
    the Act administered by the Department of Defense, the
    functions conferred upon the President by sections 602(a),
    605(a), 625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a),
    634B, 635(b) (except with respect to negotiation, conclusion,
    and termination of international agreements), 635(d), 635(g),
    and 636(i) of the Act.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1 of Executive Order 12423, May 26, 1983 (48 F.R. 24025),
    added the reference to sec. 636(i).
    ---------------------------------------------------------------------------
        (c) Those functions under section 634A of the Act, to the
    extent they relate to notifications to the Congress concerning
    changes in programs under chapters 2 and 5 of part II of the
    Act \11\ and under the Arms Export Control Act, as amended,\12\
    subject to prior consultation with the Secretary of State.
    ---------------------------------------------------------------------------
        \11\ Sec. 3 of Executive Order 13118, March 31, 1999 (64 F.R.
    16596), struck out ``part II of the Act (except chapters 4, 6, and 8
    thereof)'' and inserted in lieu thereof ``chapters 2 and 5 of part II
    of the Act''.
        \12\ The reference to the Arms Control Export Act, as amended, was
    added by sec. 8 of Executive Order 12560, May 24, 1986 (51 F.R. 19160).
    ---------------------------------------------------------------------------
        (d) The functions under sections 627, 628, and 630(3) of
    the Act delegated to the Secretary of Defense shall be
    exercised in consultation with the Secretary of State.
        (e) \13\ the functions under section 655 of the Act insofar
    as they related to defense articles, defense services, and
    international military education and training furnished by
    grant or sale by the Secretary of Defense, except to the extent
    otherwise delegated.
    ---------------------------------------------------------------------------
        \13\ Subsec. (e) was added by sec. 3(b) of Executive Order 13091,
    June 29, 1998 (63 F.R. 36153). Sec. 3(a) of that Order redesignated
    subsequent subsecs. (e) through (g) as subsecs. (f) through (h),
    respectively.
    ---------------------------------------------------------------------------
        (f) \14\ Those functions conferred upon the President under
    section 616 of the ISDCA of 1985.
    ---------------------------------------------------------------------------
        \14\ Subsec. (f) was added as subsec. (e) by sec. 7 of Executive
    Order 12560, May 24, 1986 (51 F.R. 19160). Sec. 3(a) of Executive Order
    13091, June 29, 1998 (63 F.R. 36153) redesignated subsecs. (e) through
    (g) as subsecs. (f) through (h), respectively.
    ---------------------------------------------------------------------------
        (g) \15\ The functions conferred upon the President under
    section 573 and section 581(b)(2) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1990
    (Public Law 101-167).
    ---------------------------------------------------------------------------
        \15\ Sec. 6 of Executive Order 12639, May 6, 1988 (53 F.R. 16691),
    added subsec. (g), redesignated from ``(f)'' by sec. 3(a) of Executive
    Order 13091, June 29, 1998 (63 F.R. 36153). Sec. 5 of Executive Order
    12738, December 14, 1990 (55 F.R. 52033), updated reference to current
    Foreign Operations Appropriations Act.
    ---------------------------------------------------------------------------
        (h) \16\ The functions conferred upon the President under
    section 3 of the International Narcotics Control Act of 1989
    (Public Law 101-231), which shall be exercised in consultation
    with the Secretary of State.
    ---------------------------------------------------------------------------
        \16\ Sec. 5(2) of Executive Order 12738, December 14, 1990 (55 F.R.
    52033), added subsec. (g), subsequently redesignated as subsec. (h) by
    sec. 3(a) of executive Order 13091, June 29, 1998 (63 F.R. 36153).
    ---------------------------------------------------------------------------
        1-302. Reports and Information. In carrying out the
    functions under section 514 of the Act delegated to him by
    section 301 of this order, the Secretary of Defense shall
    consult with the Secretary of State.

                        [1-4. * * * Revoked--1999] \17\
    ---------------------------------------------------------------------------

        \17\ Sec. 4 of Executive Order 13118, March 31, 1999 (64 F.R.
    16596), revoked part 1-4, which had established the Institute for
    Scientific and Technological Cooperation (ISTC), the Council on
    International Scientific and Technological Cooperation, and two
    additional positions in the ISTC.
    ---------------------------------------------------------------------------

                              1-5. OTHER AGENCIES

        1-501. Department of the Treasury. (a) There are delegated
    to the Secretary of the Treasury the functions conferred upon
    the President by:
              (1) \18\ section 305, insofar as it relates to the
            International Bank for Reconstruction and Development,
            the International Development Association, the
            International Finance Corporation, the Inter-American
            Development Bank, the Asian Development Bank, the
            African Development Fund, and the International
            Monetary Fund;
    ---------------------------------------------------------------------------
        \18\ Sec. 1(h) of Executive Order 12365, May 24, 1982 (47 F.R.
    22933), struck out para. (1) (which concerned sec. 301(e)(3) of the
    Foreign Assistance Act of 1961) and renumbered the remaining paragraphs
    accordingly.
    ---------------------------------------------------------------------------
              (2) \18\ the second sentence of section 612(a) of the
            Act; \19\
    ---------------------------------------------------------------------------
        \19\ Sec. 4(a) of Executive Order 13091, June 29, 1998 (63 F.R.
    36154), struck out ``and'' at the end of para. (2). Sec. 4(b) of that
    Order inserted ``; and'' at the end of para. (3) and added a new para.
    (4).
    ---------------------------------------------------------------------------
              (3) \18\ section 502 of the Mutual Security Act of
            1954 (22 U.S.C. 1754); and \19\
              (4) \19\ section 655(c) of the Act.
        (b) The Secretary of the Treasury shall continue to
    administer any open special foreign country accounts
    established pursuant to former section 514 of the Act as
    enacted by section 201(f) of Public Law 92-226 (86 Stat. 25)
    and repealed by Section 12(b)(5) of Public Law 93-189 (87 Stat.
    722).
        (c) The functions under section 305 of the Act delegated to
    the Secretary of the Treasury shall be exercised in
    consultation with the Secretary of State.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 5(a) of Executive Order 13118, March 31, 1999 (64 F.R.
    16596), struck out ``Director, as provided in Executive Order No. 11269
    of February 14, 1966, as amended'' and inserted in lieu thereof
    ``Secretary of State''.
    ---------------------------------------------------------------------------
        1-502. Department of Commerce. There is hereby delegated to
    the Secretary of Commerce so much of the functions conferred
    upon the President by section 601(b)(1) of the Act as consists
    of drawing the attention of private enterprise to opportunities
    for investment and development in less developed friendly
    countries and areas.
        1-503. Office of Personnel Management. There is hereby
    delegated to the Director of the Office of Personnel Management
    the function of prescribing regulations conferred upon the
    President by the proviso contained in section 625(b) of the
    Act.
        [1-504. * * * Revoked--1999] \21\
    ---------------------------------------------------------------------------
        \21\ Sec. 5(2) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), revoked sec. 1-504, effective October 1, 1999, pursuant to sec.
    11 of that Order. The section had assigned tasks to the International
    Communication Agency.
    ---------------------------------------------------------------------------
        1-505.\22\ Trade and Development Agency. There is delegated
    to the Director of the Trade and Development Agency the
    functions conferred upon the President by section 661(d) of the
    Act.
    ---------------------------------------------------------------------------
        \22\ Sec. 5(3) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), amended and restated sec. 1-505. It previously established the
    Development Loan Committee.
    ---------------------------------------------------------------------------
        [1-506. * * * Revoked--1999] \23\
    ---------------------------------------------------------------------------
        \23\ Sec. 5(4) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), revoked sec. 1-506, which had established the Development
    Coordination Committee.
    ---------------------------------------------------------------------------

     1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY; CONSULTATION

        1-601. General Delegation of Functions. There are hereby
    delegated to the heads of agencies having responsibilities for
    carrying out the provisions of the Act all functions conferred
    upon the President by:
              (a) section 654 (except as reserved to the
            President); and
              (b) those provisions of acts appropriating funds
            under the authority of the Act that relate to the Act,
            or other acts authorizing such funds, insofar as they
            relate to the functions delegated by this order.
        1-602. Personnel. (a) In carrying out the functions
    conferred upon the President by the provisions of section
    625(d)(1) of the Act, and by this order delegated to the
    Secretary of State, the Secretary \24\ shall authorize such of
    the agencies that administer programs under the Act as he may
    deem appropriate to perform any of the functions under section
    625(d)(1) of the Act to the extent that the said functions
    relate to the programs administered by the respective agencies.
    ---------------------------------------------------------------------------
        \24\ Sec. 6(1) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out ``Director of IDCA, the Director'' and inserted in
    lieu thereof ``Secretary of State, the Secretary''.
    ---------------------------------------------------------------------------
        (b) Persons appointed, employed, or assigned after May 19,
    1959, under section 527(c) of the Mutual Security Act of 1954
    or section 625(d) of the Act for the purpose of performing
    functions under such Acts outside the United States shall not,
    unless otherwise agreed by the agency in which such benefits
    may be exercised, be entitled to the benefits provided by
    section 528 of the Foreign Service Act of 1946 in cases in
    which their service under the appointment, employment, or
    assignment exceeds thirty months.
        1-603. Special Missions and Staffs Abroad. The maintenance
    of special missions or staffs abroad, the fixing of the ranks
    of the chiefs thereof after the chiefs of the United States
    diplomatic missions, and the authorization of the same
    compensation and allowances as the chief of mission, class 3
    and class 4, within the meaning of the Foreign Service Act of
    1946 (22 U.S.C. 801 et seq.), all under section 631 of the Act,
    shall be subject to the approval of the Secretary of State.
        1-604. International Agreements. The negotiation,
    conclusion, and termination of international agreements
    pursuant to the Act \25\ shall be subject to the requirements
    of 1 U.S.C. 112b and to applicable regulations and procedures.
    ---------------------------------------------------------------------------
        \25\ Sec. 6(2) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out ``, title IV of the IDC Act of 1979, or section 402
    of the Mutual Security Act of 1954'' at this point.
    ---------------------------------------------------------------------------
        1-605. Interagency Consultation. Each officer to whom
    functions are delegated by this order, shall, in carrying out
    such functions, consult with the heads of other departments and
    agencies, including the Director of the Office of Management
    and Budget, on matters pertaining to the responsibilities of
    departments and agencies other than his or her own.

                            1-7. RESERVED FUNCTIONS

        1-701. Reservation of Functions to the President. There are
    hereby excluded from the functions delegated by the foregoing
    provisions of this order:
        (a) The functions conferred upon the President by sections
    122(e), 298(a),\26\ 493,\27\ 504(b), 613(a), 614(a), 620(a),
    620(d), 620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a),
    633(b), 640B,\28\ and 663(b) of the Act.
    ---------------------------------------------------------------------------
        \26\ Sec. 6(1) of Executive Order 12738, December 14, 1990 (55 F.R.
    52033), struck out ``451'' here.
        \27\ Sec. 7(1)(B) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), inserted ``493,'' after ``298(a),''.
        \28\ Sec. 7(1)(A) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out ``662(a),'' at this point.
    ---------------------------------------------------------------------------
        (b) \29\ The functions conferred upon the President by the
    Act and section 408(b) of the Mutual Security Act of 1954 with
    respect to the appointment of officers required to be appointed
    by and with the advice and consent of the Senate and with
    respect to the appointment of officers pursuant to sections
    233(b) and 624(c) of the Act.
    ---------------------------------------------------------------------------
        \29\ Sec. 7(2) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out subsec. (b), which had referred to the functions
    conferred upon the President by sections 402, 405(a), 406 and 407 of
    the IDC Act of 1979, and redesignated subsecs. (c) and (d) as subsecs.
    (b) and (c), respectively.
    ---------------------------------------------------------------------------
        (c) \29\, \30\ The functions conferred upon the
    President with respect to determinations, certifications,
    directives, or transfers of funds, as the case may be, by
    sections 209(d), 303, 465(b), 490(h), 505(d)(2)(A), 505(d)(3),
    506(a), 552(c), 552(e), 610, 614(c), 620E, 632(b), 633A, 663(a)
    of the Act; those under section 604(a) of the Act except
    insofar as they related to procurement under chapter 1 of part
    I and chapter 4 of part II.
    ---------------------------------------------------------------------------
        \30\ Sec. 6(2) of Executive Order 12738, December 14, 1990 (55 F.R.
    52033), restated this subsec., and added the text following the
    semicolon. Sec. 7 of Executive Order 12639, May 6, 1988 (53 F.R.
    16691), deleted ``(2)'' following sec. 670(a). References to secs.
    465(b), 552(c), and 552(e) were added by sec. 9 of Executive Order
    12560, May 24, 1986 (51 F.R. 19160). Sec. 3 of Executive Order 12500,
    Jan. 24, 1985 (50 F.R. 3733), inserted the reference to section 481(h)
    in lieu of a reference to 481(a). Sec. 1(b) of Executive Order 12365,
    May 24, 1982 (47 F.R. 22933), deleted references to sec. 659 and
    670(b)(1), and added the references to sec. 620E, 670(a)(2), 670(b)(2),
    and 670(b)(3). A reference to sec. 515(f) was deleted by sec. 1 of
    Executive Order 12321, Sept. 14, 1981 (46 F.R. 46109). Sec. 7(3) of
    Executive Order 13118, March 31, 1999 (64 F.R. 16597), inserted
    ``209(d)'' before ``303'', struck out ``481'' and inserted in lieu
    thereof ``490'', and struck out ``, 669(b)(1), 670(a), 670(b)(2), and
    670(b)(3)''.
    ---------------------------------------------------------------------------
        (e) The following-described functions conferred upon the
    President:
              (1) Those under section 503(a) that relate to
            findings: Provided, That the Secretary of State, in the
            implementation of the functions delegated to him under
            sections 505(a)(1), (a)(4), and (e) of the Act, is
            authorized to find, in the case of a proposed transfer
            of a defense article or related training or a related
            defense service by a foreign country or international
            organization to a foreign country or international
            organization not otherwise eligible under section
            503(a) of the Act, whether the proposed transfer will
            strengthen the security of the United States and
            promote world peace.
              (2) Those under section 505(b) in respect of
            countries that do not agree to the conditions set forth
            therein.
              (3) That under section 614(b) with respect to
            determining any provisions of law to be disregarded to
            achieve the purpose of that section.
              (4) That under the second sentence of section 654(c)
            with respect to the publication in the Federal Register
            of any findings or determination reserved to the
            President: Provided, That any officer to whom there is
            delegated the function of making any finding or
            determination within the purview of section 654(a) is
            also authorized to reach the conclusion specified in
            performance of the function delegated to him.
        (f) \31\ That under section 523(d) of the Mutual Security
    Act of 1954 (22 U.S.C. 1783(d)).
    ---------------------------------------------------------------------------
        \31\ Sec. 1(i) of Executive Order 12365, May 24, 1982 (47 F.R.
    22933), struck out subsec. (f), which contained references to sec.
    103(b) (first proviso), 104, and 203 of the Mutual Defense Assistance
    Control Act of 1951, and renumbered the remaining subsections
    accordingly.
    ---------------------------------------------------------------------------
        (g) \32\ Those under sections 130, 504 and 505 of the ISDCA
    of 1985.
    ---------------------------------------------------------------------------
        \32\ Subsec. (g), originally added as subsec. (h), was amended and
    restated by sec. 10 of Executive Order 12560, May 24, 1986 (51 F.R.
    19160). Previously, this subsec. made reference to sec. 607 of the
    Foreign Assistance and Related Programs Appropriations Act, 1979. Sec.
    7 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), deleted the
    following text from the end of this paragraph: ``and under section 529
    of the Foreign Assistance and Related Programs Appropriations Act,
    1986''. Sec. 7(4) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out reference to sec. 131.
    ---------------------------------------------------------------------------
        (h) \33\ Those functions conferred by section 1(f)(1) and
    section 1(f)(2)(B)(ii)(VII) of the State Department Basic
    Authorities Act of 1956, as amended (22 U.S.C. 2651a).
    ---------------------------------------------------------------------------
        \33\ Sec. 1(b) of Executive Order 13361 (69 F.R. 67633) added
    subsecs. (h) and (i).
    ---------------------------------------------------------------------------
        (i) \33\ Those functions conferred by section
    202(d)(4)(C)(i) and (ii) of the HIV/AIDS Act, as amended.
        1-702. Subsequent Amendments. Functions conferred upon the
    President by subsequent amendments to the Act are delegated to
    the Secretary \34\ only insofar as they do not relate directly
    and necessarily to the conduct of programs and activities that
    either the President or an agency other than the Department of
    State \35\ is authorized to administer pursuant to express
    reservation or delegation of authorities in a statute or in
    this or another Executive Order.
    ---------------------------------------------------------------------------
        \34\ Sec. 7(5)(A) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out ``Director'' and inserted in lieu thereof
    ``Secretary''.
        \35\ Sec. 7(5)(B) of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), struck out ``IDCA'' and inserted in lieu thereof ``the
    Department of State''.
    ---------------------------------------------------------------------------
        1-703.\36\ Office of Management and Budget. In this order
    the Director of the Office of Management and Budget shall
    retain all authorities related to the implementation of his
    budgetary and policy coordination functions, including the
    authority to:
    ---------------------------------------------------------------------------
        \36\ Added by sec. 7(6) of Executive Order 13118, March 31, 1999
    (64 F.R. 16597).
    ---------------------------------------------------------------------------
              (a) request and receive information from any agency
            that is subject to this delegation;
              (b) carry out all responsibilities associated with
            implementing the Government Performance and Results
            Act, the Government Management Reform Act, and other
            comparable government-wide statutes dealing with
            management; and
              (c) carry out all statutory budget and policy
            coordination responsibilities assigned to the Director
            of the Office of Management and Budget by statute or
            Executive order.

                                 1-8.\37\ FUNDS

        1-800. Allocation of Funds. Funds described below that are
    appropriated or otherwise made available to the President shall
    be deemed to be allocated without any further action of the
    President, as follows:
    ---------------------------------------------------------------------------
        \37\ Sec. 8 of Executive Order 13118, March 31, 1999 (64 F.R.
    16597), amended and restated part 1-8.
    ---------------------------------------------------------------------------
              (a) Except as provided in subsections (b) and (c),
            there are allocated to the Secretary all funds made
            available for carrying out the Act, including any funds
            appropriated under the heading ``Nonproliferation,
            Anti-Terrorism, Demining and Related Programs''.
              (b) There are allocated to the Secretary of Defense
            all funds made available for carrying out chapters 2
            and 5 of Part II of the Act.
              (c) There are allocated to the Secretary of the
            Treasury all funds made available for carrying out
            section 129 of the Act.
              (d) The Secretary of State, the Secretary of Defense,
            and the Secretary of the Treasury may allocate or
            transfer as appropriate any funds received under
            subsections (a), (b), and (c) of this section,
            respectively, to any agency or part thereof for
            obligation or expenditure thereby consistent with
            applicable law.

                            1-9. GENERAL PROVISIONS

        1-901. Definition. As used in this order, the word
    ``function'' includes any duty, obligation, power, authority,
    responsibility, right, privilege, discretion, or activity.
        1-902. References to Orders and Acts. Except as may for any
    reason be inappropriate:
        (a) References in this order or in any other Executive
    Order to (1) the Foreign Assistance Act of 1961 (including
    references herein to ``the Act''), (2) unrepealed provisions of
    the Mutual Security Act of 1954, or (3) any other act that
    relates to the subject of this order shall be deemed to include
    references to any subsequent amendments thereto.
        (b) References in any prior Executive Order to the Mutual
    Security Act of 1954 or any provisions thereof shall be deemed
    to be references to the Act or the corresponding provision, if
    any, thereof.
        (c) \38\ References in this order to provisions of any Act,
    and references in any other Executive Order or in any
    memorandum delegation to provisions of any Act related to the
    subject of this order shall be deemed to include references to
    any \39\ provision of law that is the same or substantially the
    same as such provisions, respectively.
    ---------------------------------------------------------------------------
        \38\ Sec. 4 of Executive Order 12500, Jan. 24, 1985 (50 F.R. 3733),
    amended and restated subsec. (c).
        \39\ Sec. 9 of Executive Order 13118, March 31, 1999 (64 F.R.
    16598), struck out ``hereafter-enacted'' after ``any''.
    ---------------------------------------------------------------------------
        (d) References in this order or in any other Executive
    Order to this order or to any provision thereof shall be deemed
    to include references thereto, respectively, as amended from
    time to time.
        (e) References in any prior Executive Order not superseded
    by this order to any provisions of any Executive Order so
    superseded shall hereafter be deemed to be references to the
    corresponding provisions, if any, of this order.
        1-903.\40\ Prior Executive Orders. (a) The following are
    revoked:
    ---------------------------------------------------------------------------
        \40\ Sec. 9 of Executive Order 13118, March 31, 1999 (64 F.R.
    16598), struck out subsecs. (c) and (d) of this section. The two
    subsecs. had provided as follows:
        ``(c) Any reference in any other Executive Order to the Agency for
    International Development or the Administrator thereof shall be deemed
    to refer also to the International Development Cooperation Agency or
    the Director thereof, respectively.
        ``(d) As authorized by section 403(c) of the IDC Act of 1979, the
    reference in Executive Order No. 11223 of May 12, 1965 to `the
    performance of functions authorized by this Act' shall be deemed to
    include the performance of functions authorized by section 403 of the
    IDC Act of 1979.''.
    ---------------------------------------------------------------------------
              (1) Executive Order No. 10973 of November 3, 1961, as
            amended;
              (2) section 2(a) of Executive Order No. 11579 of
            January 19, 1971; and
              (3) Executive Order No. 10893 of November 8, 1960.
        (b) The following are amended: * * *
        1-904. Saving Provisions. Except to the extent inconsistent
    with this order, all delegations of authority, determinations,
    authorizations, regulations, rulings, certificates, orders,
    directives, contracts, agreements, and other actions made,
    issued, or entered into with respect to any function affected
    by this order and not revoked, superseded, or otherwise made
    inapplicable before the date of this order, shall continue in
    full force and effect until amended, modified, or terminated by
    appropriate authority.
        1-905. Effective Date. The provisions of this order shall
    become effective as of October 1, 1979.
        1-906.\41\ Implementation. In carrying out 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 and expedient; and (d) supervise
    the unitary executive branch.
    ---------------------------------------------------------------------------
        \41\ Sec. 1(c) of Executive Order 13361 (69 F.R. 67633) added sec.
    1-906.
              b. State Department Delegation of Authority No. 145

    State Department Delegation of Authority No. 145, February 4, 1980, 45
     F.R. 11655, as amended by Delegation of Authority No. 145-1, July 15,
      1980, 45 F.R. 51974; Delegation of Authority No. 145-2, February 4,
      1984, 49 F.R. 7018; Delegation of Authority No. 145-4, February 19,
    1986, 41 F.R. 5942; Delegation of Authority 145-5, January 22, 1988, 53
     F.R. 5072; Delegation of Authority 145-6, February 23, 1988, 53 F.R.
       8540; Delegation of Authority 145-7, July 1, 1991, 56 F.R. 34088;
     Delegation of Authority 145-8, June 29, 1993; Delegation of Authority
     145-9, May 5, 1994; Delegation of Authority 145-10, June 10, 1994, 59
     F.R. 33812; Delegation of Authority 145-11, October 24, 1994, 59 F.R.
      54668; Delegation of Authority 145-13, May 16, 1996, 61 F.R. 25727;
     Department of State Public Notice 2841, May 31, 1998, 63 F.R. 33754;
    Department of State Delegation of Authority No. 145-12, July 30, 1998,
     63 F.R. 46094; Delegation of Authority of March 31, 1999, unnumbered
    and unpublished; Delegation of Authority No. 145-16, July 21, 1999, 64
    F.R. 41482; Delegation of Authority No. 145-18, July 30, 2004, 69 F.R.
    45880; and by Delegation of Authority No. 145-19, December 22, 2004, 70
                                   F.R. 19549

            Foreign Assistance Act of 1961 and Certain Related Acts

                            delegation of authority

        By virtue of the authority vested in me by the Foreign
    Assistance Act of 1961, as amended, 22 U.S.C. 2151 et seq.
    (hereinafter ``the Act''), Executive Order No. 12163 of
    September 29, 1979, 44 F.R. 56673 (hereinafter ``the Order''),
    and section 4 of the Act of May 26, 1949 (63 Stat. 111, 22
    U.S.C. 2658), the following functions are hereby delegated:

    Section 1. Functions Delegated to Officers of the Department of State

        The following functions are delegated to officers of the
    Department of State as indicated:
        (a) To the Under Secretary for Arms Control and
    International Security: \1\
    ---------------------------------------------------------------------------
        \1\ Department of State Delegation of Authority 145-10, June 10,
    1994 (59 F.R. 33812), struck out ``Under Secretary for Security
    Assistance, Science and Technology'', and inserted in lieu thereof
    ``Under Secretary for Arms Control and International Security
    Affairs''. Department of State Delegation of Authority 145-16, July 21,
    1999 (64 F.R. 41482), subsequently struck out ``Affairs''.
        Department of State Delegation of Authority 229 (Public Notice
    3022; March 30, 1999; 64 F.R. 17208), provided the following:
        ``By virtue of the authority vested in me by the laws of the United
    States, including the Foreign Assistance Act of 1961, the Arms Export
    Control Act, and the State Department Basic Authorities Act, and
    relevant delegations of authority, including the memorandum delegation
    signed by the President on November 4, 1997, and to the extent
    permitted by the law, I hereby delegate--
    ---------------------------------------------------------------------------

      ``(a) all authorities vested in the Secretary of State (including all
    authorities delegated by the President to the Secretary of State by an act,
    order, determination, delegation of authority, regulation or executive
    order heretofore or hereinafter enacted or issued) that have been or may be
    delegated or redelegated to the Under Secretary of State for Arms Control
    and International Security--

      ``(1) to John Holum for such period as he serves in the Department of
    State, except that, to the extent that such an authority derives from a
    delegation of authority from the President, this paragraph shall apply only
    to the extent that there is a statutory basis for delegating an authority
    to an individual with respect to whom the Senate has not provided advice
    and consent; and

      ``(2) to the Assistant Secretary of State for Political-Military Affairs,
    for such functions as are within his area of responsibility, to the extent
    that such an authority derives from a delegation of authority from the
    President and the Office of the Legal Adviser has not identified a
    statutory basis for delegating the authority to an individual with respect
    to whom the Senate has not provided advice and consent; and

      ``(b) to the Under Secretary of State for Arms Control and International
    Security all authorities that, before the effective date described in
    section 1201 of the Foreign Affairs Agencies Consolidation Act of 1998 (the
    `Act') were vested in the Director of the United States Arms Control and
    Disarmament Agency and that, pursuant to amendments made by the Act, are
    now vested in the Secretary of State.
    ---------------------------------------------------------------------------

        ``References in any previous delegations of authority to the Under
    Secretary for Arms Control and International Security Affairs shall
    hereinafter be deemed to be references to the Under Secretary for Arms
    Control and International Security except as specifically provided to
    the contrary.
        ``This delegation of authority shall be without prejudice to the
    authority of any person to exercise any authority pursuant to any other
    applicable delegation of authority. Paragraph (a) of this delegation of
    authority shall cease to be effective upon the appointment by the
    President, with the advice and consent of the Senate, of an individual
    to the position of Under Secretary of State for Arms Control and
    International Security. The Secretary or the Deputy Secretary may at
    any time exercise any of the functions described above.''.
    ---------------------------------------------------------------------------
        (1) Exclusive of the functions reserved to the Secretary of
    State herein or otherwise delegated, the functions conferred
    upon the Secretary by section 1-100 \2\ of the order insofar as
    such functions relate to programs under part II of the Act
    (including chapters 4 and 6 thereof), and by Executive Order
    11958 of January 18, 1977 (42 F.R. 4311), relating to sales and
    exports under the Arms Export Control Act (22 U.S.C. 2751 et
    seq.).
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck out ``1-201'' and inserted in lieu
    thereof ``1-100''.
    ---------------------------------------------------------------------------
        (2) Subject to section 3(a) \3\ of this delegation of
    authority, the functions conferred upon the Secretary of State
    by statute or \4\ by sections 531(b) \5\ and 622(c) of the Act
    and by section 2(b) of the Arms Export Control Act relating to
    continuous supervision and general direction of economic
    support assistance \6\ and military assistance and sales
    programs and exports, including, but not limited to, whether
    there shall be an economic support program for a country and
    the amount thereof, a military assistance program for a country
    and the value thereof or a military sale to a country and the
    amount thereof, and whether there shall be delivery or other
    performance under such program, sale or export, to the end that
    such programs, sales and exports are effectively integrated
    both at home and abroad and the foreign policy of the United
    States is best served thereby. The functions under section
    531(b) shall be exercised in cooperation with the Administrator
    of the United States Agency for International Development
    (hereinafter ``USAID'').\7\
    ---------------------------------------------------------------------------
        \3\ should probably refer to sec. 4 in its entirety, as amended by
    the Delegation of Authority of March 31, 1999 (neither numbered nor
    published).
        \4\ Sec. 2(a) of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), inserted ``by statute or'' after ``Secretary
    of State''.
        \5\ Sec. 2(b) of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck out ``531(a)(2)'' and inserted in lieu
    thereof ``531(b)''.
        \6\ Sec. 2(c) of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck out ``economic assistance'' and
    inserted in lieu thereof ``economic support assistance''.
        \7\ Sec. 2(d) of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), added this sentence.
    ---------------------------------------------------------------------------
        (3) The functions conferred upon the Secretary of State
    by--
              (A) sections 39 and 42(b) of the Arms Export Control
            Act,
              (B) section 504 of the Foreign Relations
            Authorization Act, fiscal year 1979 (22 U.S.C.
            2656d),\8\
    ---------------------------------------------------------------------------
        \8\ Department of State Delegation of Authority No. 145-13, May 16,
    1996 (61 F.R. 25727), struck out ``and'' at the end of subpara. (B),
    struck out a period at the end of subpara. (C) and added ``, and'', and
    added subpara. (D).
    ---------------------------------------------------------------------------
              (C) \9\ section 1454 of the Department of Defense
            Authorization Act, 1986 (PL 99-145, 10 U.S.C. 2547),
            and (to the extent not otherwise expressly delegated or
            reserved) other authorities and responsibilities of the
            Secretary of State relating to the provision of
            Department of Defense equipment or services for
            humanitarian purposes,
    ---------------------------------------------------------------------------
        \9\ Subpara. (C) was added by State Department Delegation of
    Authority 145-6, February 23, 1988 (53 F.R. 8540).
    ---------------------------------------------------------------------------
              (D) \8\ Section 1324(a) of Title XIII of the Defense
            Authorization Act, 1996 (Public Law 104-106), and
              (E) \10\ Section 585 of the Foreign Operations,
            Export Financing, and Related Programs Appropriations
            Act, 1997, as enacted in P.L. 104-208.
    ---------------------------------------------------------------------------
        \10\ Department of State Delegation of Authority issued in 1998,
    unnumbered, undated, unpublished #2, struck out ``and'' at the end of
    subpara. (C); struck out a period at the end of subpara. (D) and
    inserted in lieu thereof ``, and''; and added a new subpara. (E).
    ---------------------------------------------------------------------------
        (4) The functions conferred on the President by--
              (A) section 8(d) of the act of January 12, 1971 (22
            U.S.C. 2321b(d)); and
              (B) section 607 of the International Security
            Assistance and Arms Export Control Act of 1976 (22
            U.S.C. 2394a).
              (C) \11\ Section 1540(b)(1)(A) of the Department of
            Defense Authorization Act, 1985, (Pub. L. 98-525), who
            shall exercise such function in consultation with the
            Secretary of Defense.
    ---------------------------------------------------------------------------
        \11\ Subpara. (C) was added by State Department Delegation of
    Authority No. 145-4, February 19, 1986 (51 F.R. 5942).
    ---------------------------------------------------------------------------
        (5) \12\ The function of consultation, pursuant to the
    Order and Executive Order 11958, with the Secretary of Defense,
    the Director of the Office of Management and Budget, and the
    Administrator of USAID.
    ---------------------------------------------------------------------------
        \12\ Sec. 3 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), amended and restated para. (5). It formerly
    read as follows:
        ``(5) The function of consultation, pursuant to the order and
    Executive Order 11958, with the Secretary of Defense, the Director of
    the Office of Management and Budget and the Director of the
    International Development Cooperation Agency (hereinafter `IDCA').''.
    ---------------------------------------------------------------------------
        (6) \13\ The functions conferred on the Secretary of State
    by sections 1701-1703 of the National Defense Authorization Act
    for Fiscal Year 1991 (NDAA) (Public Law 101-510; 50 U.S.C. App.
    2402 note, 2405, 2410(b); 22 U.S.C. 2797-2797c), and all
    functions conferred on the President by sections 1701-1703 of
    the NDAA; sections 303, 324, and 401-405 of the Foreign
    Relations Authorization Act, fiscal Years 1992 and 1993 (Public
    Law 102-138); sections 305, 306, 308, and all of sections 307
    with the exception of subsection 307(b)(2)(F)(ii), of the
    Chemical and Biological Weapons Control and Warfare Elimination
    Act of 1991 (Public Law 102-182; 50 U.S.C. App. 2410c; 22
    U.S.C. 2798, 5604-5606); sections 241 and 1097 of the National
    Defense Authorization Act for Fiscal Years 1992 and 1993
    (Public Law 102-190); and section 1364 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484), to
    the extent that such functions were delegated to the Secretary
    of State pursuant to Executive Order 12851 of June 11, 1993.
    ---------------------------------------------------------------------------
        \13\ Department of State Delegation of Authority No. 145-7, July 1,
    1991 (56 F.R. 34088), added para. (6) to confer functions assigned to
    the President by title XVII of the National Defense Authorization Act
    for Fiscal Year 1991 to the Secretary of State. Para. (6) was amended
    and restated by Delegation of Authority No. 145-8 of June 29, 1993. The
    current text was added by Delegation of Authority No. 145-10, June 10,
    1994 (59 F.R. 33812).
    ---------------------------------------------------------------------------
        (7) \14\ The functions conferred on the Secretary of State
    by section 374 of Title 10, United States Code and other
    authorities and responsibilities of the Secretary of State
    related to the provision of Department of Defense equipment and
    services for narcotics-related purposes.
    ---------------------------------------------------------------------------
        \14\ Department of State Delegation of Authority No. 145-10, June
    10, 1994 (59 F.R. 33812), amended and restated paras. (6) and (8), and
    added new paras. (7) and (9).
    ---------------------------------------------------------------------------
        (8) \15\ The functions specified in sections 504 and 508
    \16\ of the FREEDOM Support Act (22 U.S.C. 5801 et seq.) and
    Title III of the Foreign Operations, Export Financing, and
    Related Programs Act, 1994 (Public Law 103-87) relating to the
    Nonproliferation and Disarmament Fund, to the extent that such
    functions were delegated to the Secretary of State pursuant to
    the Presidential Memorandum Delegation of Authority dated April
    21, 1994.
    ---------------------------------------------------------------------------
        \15\ Department of State Delegation of Authority No. 145-10, June
    10, 1994 (59 F.R. 33812) added para. (8).
        \16\ Department of State Delegation of Authority No. 145-13, May
    16, 1996 (61 F.R. 25727), added reference to sec. 508.
    ---------------------------------------------------------------------------
        (9) \14\ The function specified in section 5 of the United
    Nations Participation Act of 1945, as amended (22 U.S.C. 287c),
    relating to the implementation of United Nations arms
    embargoes, to the extent that such functions were delegated to
    the Secretary of State by Executive Order 12918 of May 26,
    1994.
        (11) \17\ The functions specified in the Iran-Iraq Arms
    Non-Proliferation Act of 1992 (Public Law 102-484), to the
    extent that such functions were delegated to the Secretary of
    State pursuant to Presidential Memorandum Delegation of
    Authority dated September 27, 1994.
    ---------------------------------------------------------------------------
        \17\ Department of State Delegation of Authority No. 145-11,
    October 24, 1994 (59 F.R. 54668) added para. (11).
    ---------------------------------------------------------------------------
        (12) \18\ The functions conferred on the Secretary of State
    in Executive Order 12938 of November 14, 1994.
    ---------------------------------------------------------------------------
        \18\ Department of State Delegation of Authority No. 145-12, July
    30, 1998 (63 F.R. 46094) added para. (12).
    ---------------------------------------------------------------------------
        (13) \19\ The functions conferred on the Secretary by the
    Chemical Weapons Convention Implementation Act of 1998 (as
    contained in Pub. L. 105-277).
    ---------------------------------------------------------------------------
        \19\ Department of State Delegation of Authority No. 145-16, July
    21, 1999 (64 F.R. 41482) added paras. (13) and (14).
    ---------------------------------------------------------------------------
        (14) \19\ The functions that, before the effective date
    described in section 1201 of the Foreign Affairs Reform and
    Restructuring Act of 1998 (as contained in Pub. L. 105-277)
    were vested in the United States Arms Control and Disarmament
    Agency, including any functions conferred on the Director or
    any officer of employee of that agency, and that, pursuant to
    the provisions of the Act (including amendments made by that
    Act), are now conferred on the Secretary.
        (b) To the Under Secretary for Management:
        (1) The function of consultation with the Administrator of
    USAID \20\ under the Order with respect to maximum
    compatibility in the administration of the Foreign Service
    personnel system.
    ---------------------------------------------------------------------------
        \20\ Sec. 4 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck out ``Director of IDCA'' and inserted
    in lieu thereof ``Administrator of USAID''.
    ---------------------------------------------------------------------------
        (2) The function conferred on the Secretary of State by
    section 514 of the Mutual Security Act of 1954 (22 U.S.C.
    1766).
        (c) \21\ To the Under Secretary for Economic, Business and
    Agricultural Affairs, the functions conferred upon the
    Secretary of State by section 574 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1996
    (P.L. 104-107).
    ---------------------------------------------------------------------------
        \21\ The State Department issued a series of delegations of
    authority in 1998 that were unnumbered, undated, and unpublished. These
    delegations will be cited as such, and numbered 1 through 4. Subsec.
    (c) was added by sec. 1(a) of Department of State Delegation of
    Authority issued in 1998, unnumbered, undated, unpublished #1. That
    delegation of authority also redesignated the existing subsecs. (c)
    through (f) as subsecs. (d) through (g).
    ---------------------------------------------------------------------------
        (d) To the Assistant Secretary for Economic and Business
    Affairs:
        (1) \22\ Those functions conferred upon the Secretary of
    State by sections 5(k) and 6(k) of the Export Administration
    Act of 1979 (50 U.S.C. App. 2404(k), 2405(k)) and the functions
    under sections 5(f)(4), 5(i), and 6(g) of such Act conferred
    upon the Secretary of State by section 1-102(b) of Executive
    Order 12214 of May 2, 1980, 45 F.R. 29783, relating to
    negotiations with other countries, subject to the concurrences
    required by the Department of State Circular 175 Procedure.
    ---------------------------------------------------------------------------
        \22\ The amendments of July 15, 1980 (45 F.R. 51974) added all the
    functions listed under para. (1) except for those under sec. 5(k) of
    the Export Administration Act of 1979.
    ---------------------------------------------------------------------------
        (2) Those functions conferred upon the President by section
    601(b)(6) of the act.
        (3) The function conferred upon the Secretary of State by
    section 3(b) of Executive Order 10900 of January 5, 1961 (26
    F.R. 143) of insuring that all functions exercised under the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1701 et seq.) are consistent with the foreign policy of
    the United States.
        (4) \23\ The functions conferred upon the Secretary of
    State by section 574 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996 (P.L.
    104-107).
    ---------------------------------------------------------------------------
        \23\ Sec. (c) of Department of State Delegation of Authority issued
    in 1998, unnumbered, undated, unpublished #1 added para. (4) to subsec.
    (d).
    ---------------------------------------------------------------------------
        (e) \24\ To the Assistant Secretary for International
    Organization Affairs:
    ---------------------------------------------------------------------------
        \24\ Redesignated from subsec. (d) by sec. 1(b) of Department of
    State Delegation of Authority issued in 1998, unnumbered, undated,
    unpublished #1.
        Sec. 5 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), amended and restated subsec. (e), which
    formerly read as follows:
        ``Those functions conferred upon the President by sections 301(a),
    301(b), 301(c), 301(e)(1), 301(e)(3), 302(a)(1) as it relates to the
    Presidential certifications concerning the United Nations Relief and
    Works Agency 302(a)(3), and 305 of the Act.''.
    ---------------------------------------------------------------------------
        Those functions conferred upon the President by chapter 3
    of part I of the Act. The functions under sections 301(a), (d),
    and (e) of the Act shall be exercised in consultation with the
    Administrator of USAID insofar as they relate to international
    organizations and programs whose purpose is primarily
    developmental.
        (f) \25\ To the Assistant Secretaries:
    ---------------------------------------------------------------------------
        \25\ Sec. 6 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), amended and restated subsec. (f), as
    redesignated by Department of State Delegation of Authority, issued in
    1998, undated, unnumbered, unpublished #1. Subsec. (f) formerly read as
    follows:
        ``Principal responsibility consistent with section 1-604 of the
    order for concurrence of the Department of State, with the approval of
    the legal adviser and in accordance with the Circular 175 Procedure, in
    the negotiation, conclusion and termination of international agreements
    relevant to their respective areas of responsibility by IDCA and its
    component agencies pursuant to international agreement authorities
    conferred upon IDCA and its component agencies by statute,
    reorganization plan, Executive Order, or delegation of authority.''.
    ---------------------------------------------------------------------------
        Principal responsibility consistent with section 1-604 of
    the Order for concurrence of the Department of State, with the
    approval of the legal adviser and in accordance with the
    Circular 175 Procedure, in the negotiation, conclusion, and
    termination of international agreements relevant to their
    respective areas of responsibility by USAID pursuant to
    international agreement authorities conferred upon USAID by
    statute, Executive Order, delegation of authority, or
    otherwise.
        (g) \26\ To the legal adviser:
    ---------------------------------------------------------------------------
        \26\ Redesignated from subsec. (f) by sec. 1(b) of Department of
    State Delegation of Authority issued in 1998, unnumbered, undated,
    unpublished #1.
    ---------------------------------------------------------------------------
        (1) Those functions conferred upon the President by
    sections 601(b)(3), 601(b)(4), and 620(e)(2) of the act.
        (2) Responsibility for insuring compliance with the Case
    Act (1 U.S.C. 112b) and applicable regulations and procedures,
    including the Circular 175 Procedure, with respect to
    international agreements.
        (h) \27\ To the Assistant Secretary for International
    Narcotics and Law Enforcement Affairs: \28\
    ---------------------------------------------------------------------------
        \27\ Sec. 7(a) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), redesignated this former subsec. (g)
    as subsec. (h).
        \28\ Department of State Public Notice 2841 (63 F.R. 33754) struck
    out ``Matters'' and inserted in lieu thereof ``Law Enforcement
    Affairs''. Sec. 7(b) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), made the same amendment.
    ---------------------------------------------------------------------------
        (1) Those functions conferred upon the President by
    sections 481 and 487 \29\ of the act, together with all those
    authorities contained in the act, to the extent necessary or
    appropriate to accomplish the purpose of sections 481 and 487
    \29\ of the act: Provided, That Department of State procurement
    for the International Narcotics Control Program shall be
    carried out in accordance with Department of State Acquisition
    Regulations (48 CFR Chapter 6).\30\
    ---------------------------------------------------------------------------
        \29\ Department of State Public Notice 2841 (63 F.R. 33754) struck
    out ``section 481'' and inserted in lieu thereof ``sections 481 and
    487''.
        \30\ Department of State Public Notice 2841 (63 F.R. 33754) struck
    out ``Procurement Regulations (41 CFR Chapter 6)'' and inserted in lieu
    thereof ``Acquisition Regulations (48 CFR Chapter 6)''.
    ---------------------------------------------------------------------------
        (2) \31\ The functions of negotiating, concluding and
    terminating international agreements relating to international
    narcotics control and anticrime \32\ programs subject to the
    concurrences required by the Circular 175 Procedure.
    ---------------------------------------------------------------------------
        \31\ Sec. 7(c) and (d) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), struck out former para. (2) and
    redesignated para. (3) as para. (2). Former para. (2) read as follows:
        ``(2) Those functions conferred upon the Secretary of State by the
    determination of the President pursuant to section 604(a) of the act,
    dated October 18, 1961 (26 F.R. 10543), and by section 4 of the
    Executive Order 11223 of May 12, 1965 (30 F.R. 6635).''.
        \32\ Department of State Public Notice 2841 (63 F.R. 33754)
    inserted ``and anticrime'' after ``international narcotics control''.
    ---------------------------------------------------------------------------
        (h) * * * [Revoked--1999] \33\
    ---------------------------------------------------------------------------
        \33\ Sec. 8(a) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), revoked subsec. (h), which had read
    as follows:
        ``(h) To the Coordinator for Refugee Affairs:
        ``Those functions conferred upon the President by section 495F and
    by Chapter 4 of part II of the act insofar as they relate to refugees,
    together with all those authorities contained in the act, to the extent
    necessary or appropriate to accomplish such purposes of section 495F
    and of chapter 4 of part II.''.
    ---------------------------------------------------------------------------
        (i) \34\ To the Director of the Office for Combatting
    Terrorism:
    ---------------------------------------------------------------------------
        \34\ The amendments of February 4, 1984 (49 F.R. 7018) added
    subsec. (i). Such amendments further stated that ``Actions within the
    scope of this delegation heretofore taken by the official designated in
    such delegation are hereby ratified and confirmed.''
    ---------------------------------------------------------------------------
        Those functions conferred upon the President by Chapter 8
    of Part II of the act, together with all those authorities
    contained in the act, to the extent necessary or appropriate to
    accomplish the purposes of Chapter 8 of Part II of the act.\35\
    ---------------------------------------------------------------------------
        \35\ Sec. 9 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck ``, except that such functions shall be
    exercised consistent with Section 573(d)(3) thereof'' from this point.
    ---------------------------------------------------------------------------
        (j) \36\ To the Assistant Secretary for Western Hemisphere
    Affairs: \37\
    ---------------------------------------------------------------------------
        \36\ Subsec. (j) was added by State Department Delegation of
    Authority 145-5, January 22, 1988 (53 F.R. 5072).
        State Department Delegation of Authority 145-17 of June 13, 2000
    (65 F.R. 41745) provided the following:
        ``By virtue of the authority vested in me by Delegation of
    Authority No. 145-5 of January 22, 1988, 53 FR 5072, pursuant to
    Executive Order 12163 of September 29, 1979, 44 FR 56673, as amended,
    and the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2151 et
    seq., I hereby delegate to the Assistant Administrator for Latin
    America and the Caribbean of the U.S. Agency for International
    Development (USAID) functions conferred on the President by section
    534(b)(3)(A), (B), and (C) [of the Foreign Assistance Act of 1961, as
    amended] for the purpose of including law enforcement agencies and
    personnel in activities financed by USAID to strengthen the
    administration of justice. All such activities shall be implemented in
    coordination with the International Criminal Investigative Training
    Assistance Program of the U.S. Department of Justice.''.
        See also notes at sec. 534 of the Foreign Assistance Act of 1961,
    in Legislation on Foreign Relations Through 2005, vol. I-A.
        \37\ Sec. 10(a) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), struck out ``Assistant Secretary for
    Inter-American Affairs'' and inserted in lieu thereof ``Assistant
    Secretary for Western Hemisphere Affairs''.
    ---------------------------------------------------------------------------
        Those functions conferred upon the President by section
    534(b)(3) of the Act, to be exercised in cooperation with the
    Administrator of the United States Agency for International
    Development,\38\ together with authorities under other
    provisions in chapter 4 of part II or part III of the Act which
    may be necessary and appropriate \39\ to implement such
    functions.
    ---------------------------------------------------------------------------
        \38\ Sec. 10(b) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), struck out ``Agency for International
    Development within the International Development Cooperation Agency''
    and inserted in lieu thereof ``United States Agency for International
    Development''.
        \39\ Sec. 10(c) of Delegation of Authority of March 31, 1999
    (neither numbered nor published), struck out ``necessary'' and inserted
    in lieu thereof ``necessary and appropriate''.
    ---------------------------------------------------------------------------
        (k) \40\ To the Assistant Secretary for Political-Military
    Affairs:
    ---------------------------------------------------------------------------
        \40\ Added by Department of State Delegation of Authority issued in
    1998, unnumbered, March 18, 1998, unpublished #3.
    ---------------------------------------------------------------------------
        With respect to funds made available under the account for
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'' in annual foreign operations, export financing, and
    related programs appropriations acts, those functions under
    subsection (a) of this section insofar as such functions relate
    to demining assistance activities and export control assistance
    activities; except that this subsection shall not apply with
    respect to specific matters appear \41\ to present particularly
    significant policy issues. The Under Secretary for Arms Control
    and International Security \42\ may at any time exercise any of
    the functions described in this subsection.
    ---------------------------------------------------------------------------
        \41\ Should probably read ``to specific matters that appear''.
        \42\ Department of State Delegation of Authority 145-16, July 21,
    1999 (64 F.R. 41482) struck out ``Affairs'' after ``Under Secretary for
    Arms Control and International Security''.
    ---------------------------------------------------------------------------
        (l) \43\ To the Assistant Secretaries for International
    Organization Affairs, International Narcotics and Law
    Enforcement Affairs, the Coordinator for Counterterrorism, and
    the Assistant Secretary for Western Hemisphere Affairs, with
    regard to the functions delegated by subsections (e), (h), (i),
    and (j), respectively, the functions conferred upon the
    President by section 4 of Executive Order 11223 of May 12,
    1965.
    ---------------------------------------------------------------------------
        \43\ Sec. 11 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), added subsecs. (l), (m), (n), and (o).
    ---------------------------------------------------------------------------
        (m) \43\ To Assistant Secretaries of State, the Coordinator
    for East European Assistance, and the Special Advisor to the
    President and the Secretary of State on Assistance to the New
    Independent States, performing functions under the Act, the
    functions conferred upon the President by section 634B of the
    Act insofar as it relates to the performance of those
    functions.
        (n) \43\ To the Coordinator for East European Assistance
    and the Special Advisor to the President and the Secretary of
    State on Assistance to the New Independent States, the
    functions conferred upon the President by section 577 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1999 (as included in P.L. 105-277) and
    section 201 of the Support for East European Democracy (SEED)
    Act of 1989, insofar as such functions relate to programs
    within their respective areas of responsibility.
        (o) \43\ To Assistant Secretaries implementing functions
    under the Act, and to the Coordinator for East European
    Assistance and the Special Advisor to the President and the
    Secretary of State on Assistance to the New Independent States
    those functions contained in the Act that may be necessary or
    appropriate to carry out such functions.
        (p) \44\ To the Global AIDS Coordinator:
    ---------------------------------------------------------------------------
        \44\ Delegation of Authority No. 145-18 (July 30, 2004; 69 F.R.
    45880) added subsec. (p). Sec. 1 of Delegation of Authority 145-19
    (December 22, 2004; 70 F.R. 19549) amended and restated subsec. (p).
    Delegation of Authority 145-19 superseded Delegation of Authority No.
    279, which did not amend Delegation of Authority 145 but delegated
    authority to the Global AIDS Coordinator under the U.S. Leadership
    Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (November 17,
    2004; 70 F.R. 19549).
    ---------------------------------------------------------------------------
        Those functions in the United States Leadership Against
    HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
    108-25) (Act), as amended, except amendments made by that Act,
    that were conferred upon the President and delegated to the
    Secretary of State.

    Section 2.\45\ Functions Delegated to the Administrator of the United
            States Agency for International Development
    ---------------------------------------------------------------------------

        \45\ Sec. 12 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), amended and restated sec. 2. See notes at sec.
    3.
    ---------------------------------------------------------------------------
        (a) Exclusive of the functions otherwise delegated or
    reserved to the Secretary of State herein there are hereby
    delegated to the Administrator of the United States Agency for
    International Development (hereinafter referred to as the
    Administrator):
              (1) the functions conferred upon the President by
            part I of the Act (including chapter 4 of part II
            thereof), together with all those functions contained
            in the Act that may be necessary or appropriate to
            carry out such functions: Provided, That the functions
            under section 104A of the Act shall be exercised
            subject to the authorities and duties of the Global
            AIDS Coordinator as contained in section 1(f) of the
            State Department Basic Authorities Act of 1956; \46\
    ---------------------------------------------------------------------------
        \46\ Sec. 2 of the Delegation of Authority 145-19 (December 22,
    2004; 70 F.R. 19549) added the proviso.
    ---------------------------------------------------------------------------
              (2) the functions conferred upon the President by
            section 653 of the Act insofar as such functions relate
            to chapters 1, 10, and 11 of part I of the Act and
            funds appropriated under the heading ``Assistance for
            Eastern Europe and the Baltic States'';
              (3)(A) the functions conferred upon the President
            by--
                      (i) sections 301(a) and 307 of the FREEDOM
                    Support Act, except insofar as provided
                    otherwise in section 2(b) of E.O. 12884;
                      (ii) sections 498 and 498C(b)(2) of the Act;
                      (iii) paragraph (3) of section 498A(c) of the
                    Act and the requirement to make reports under
                    that section regarding determinations under
                    that paragraph;
                      (iv) subsection (d) under the heading
                    ``Assistance for the New Independent States of
                    the Former Soviet Union'' contained in title II
                    of Public Law 102-391; and
                      (v) section 592 of Public Law 102-391, except
                    to the extent otherwise provided in section
                    5(b) of E.O. 12884.
              (B) such functions shall be exercised subject to the
            authority of the Coordinator under section 102(a) of
            the FREEDOM Support Act or otherwise;
              (4) the function conferred upon the President by the
            third proviso under the heading ``Development
            Assistance'' contained in title II of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 1999 (as contained in Public Law
            105-277) insofar as such functions relate to part I
            (including chapter 4 of part II) of the Act, excluding
            section 129 thereof relating to technical assistance to
            foreign governments and chapter 3 thereof;
              (5) the functions conferred upon the President by
            section 518 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1999 (as contained in Public Law 105-277), insofar as
            such functions relate to part I (including chapter 4 of
            part II) of the Act, excluding section 129 thereof
            relating to technical assistance to foreign governments
            and chapter 3 thereof;
              (6) the functions conferred upon the President by
            section 577 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1999 (as contained in Public Law 105-277), insofar as
            such functions relate to chapters 1 and 10 of part I,
            and chapter 4 of part II, of the Act;
              (7) the functions conferred upon the President by
            section 591 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1998 (Public Law 105-118), and the provisions of law
            referenced therein;
              (8) the functions conferred upon the President by
            section 572 of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1989 (Public Law 100-461), which shall be exercised in
            consultation with the Secretary of State and the
            Director of the Office of Management and Budget;
              (9) those functions conferred upon the Secretary of
            State by sections 4 and 7 of Executive Order 11269 of
            February 14, 1966, relating to the National Advisory
            Council on International Monetary and Financial
            Policies;
              (10) the functions of negotiating, concluding, and
            terminating international agreements under part I of
            the Act (including chapter 4 of part II thereof),
            subject to the Department of State's Circular 175
            procedure, with regard to programs administered by the
            United States Agency for International Development.
        (b) The delegated functions under sections 491(b), 491(c),
    627, 628, 630(3), and 666 of the Act shall be exercised in
    consultation with the Secretary of State.
        (c) The delegated functions under section 534 of the Act
    (with the exception of those contained in subsection (b)(3))
    shall be exercised in cooperation with the appropriate
    Assistant Secretaries of State.

    Section 3.\47\ Functions Delegated to Other Agencies.
    ---------------------------------------------------------------------------

        \47\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), redesignated sec. 3 as sec. 4 and inserted a
    new sec. 3. The former sec. 2, amended and restated by sec. 12 of the
    same unpublished Delegation of Authority, had provided as follows:
    ---------------------------------------------------------------------------

    ``Section 2. Functions Delegated to Other Agencies
    ---------------------------------------------------------------------------

        ``(a) The functions conferred on the President by section 620(s) of
    the Act are hereby delegated to the Director of the United States
    International Development Cooperation Agency, who shall exercise such
    functions in consultation with the Under Secretary of State for
    Security Assistance, Science and Technology. The functions conferred on
    the President by section 534 of the Act, with the exception of those
    contained in subsection (b)(3), are hereby delegated to the
    Administrator of the Agency for International Development within the
    United States International Development Cooperation Agency, who shall
    exercise such functions in cooperation with the Assistant Secretary of
    State for Inter-American Affairs.
        ``(b) The functions conferred upon the President and upon the
    Secretary of State by section 1540 of the Department of Defense
    Authorization Act, 1985, (Pub. L. 98-525), not otherwise delegated
    herein, are hereby delegated to the Administrator of the Agency for
    International Development, who shall exercise such function in
    consultation with the Secretary of Defense and with the Under Secretary
    of State for Security Assistance, Science and Technology.''.
    ---------------------------------------------------------------------------
        To the heads of other agencies implementing functions under
    the Act, those functions contained in the Act that may be
    necessary or appropriate to carry out such functions.

    Section 4.\48\ Functions Reserved to the Secretary of State

        There are hereby reserved to the Secretary of State:
    ---------------------------------------------------------------------------
        \48\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), redesignated sec. 3 as sec. 4, and sec. 4 as
    sec. 6.
        Sec. 14 of that Delegation of Authority amended and restated the
    redesignated sec. 4. The section formerly read as follows:
        ``(a) The functions conferred on the President by sections 239(g),
    502B(a)(2), 505(b), 533(b), 614(b), 620(c), 620(e)(1), 620(f), 620(g),
    620(i), and 620(q) of the Act.
        ``(b) The functions of determining which are friendly nations
    within the meaning of section 107 of the Agricultural Trade Development
    and Assistance Act of 1954 for the purpose of negotiating and
    concluding agreements pursuant to the authority contained in section
    3(a) of Executive Order 10900 of January 5, 1961.''.
        Previously, the amendments of July 15, 1980 (45 F.R. 51974)
    redesignated existing secs. 2 and 3 as secs. 3 and 4, respectively, and
    added a new sec. 2.
    ---------------------------------------------------------------------------
              (a) The functions conferred on the President by
            sections 239(f), 451, 462 of chapter 6, 502B, 505(b),
            533(b), 614(b), 620(c), 620(e)(1), 620(f), 620(g),
            620(q), and 620C(c) of the Act.
              (b) The functions conferred upon the Secretary by
            section 101(b) and 622(c) (insofar as they concern
            economic assistance other than assistance under chapter
            4 of part II) of the Act and sections 1522 and 1523 of
            the Foreign Affairs Reform and Restructuring Act of
            1998.
              (c) In keeping with the United States Agency for
            International Development's status as a distinct agency
            and recognizing that the Administrator is under the
            Secretary's direct authority and foreign policy
            guidance, the Secretary shall review the United States
            Agency for International Development's strategic plan
            and annual performance plan, annual budget submission
            and appeals, and allocations and significant (in terms
            of policy or money) reprogrammings of development and
            other economic assistance.

    Section 5.\49\ Allocation of Funds
    ---------------------------------------------------------------------------

        \49\ Added by sec. 15 of Delegation of Authority of March 31, 1999
    (neither numbered nor published).
    ---------------------------------------------------------------------------
        There are hereby allocated to the Administrator the funds
    allocated to the Secretary of State by section 1-800(a) of the
    Order, except such funds as are appropriated for purposes of
    chapters 3 and 8 of part I and chapters 6 and 8 of part II of
    the Act, and funds appropriated under the heading
    ``Nonproliferation, Anti-Terrorism, Demining and Related
    Programs''.

    Section 6.\50\ General Provisions

        (a) As used in this delegation of authority, the word
    ``function'' includes any duty, obligation, power, authority,
    responsibility, right, privilege, discretion, or activity.
    ---------------------------------------------------------------------------
        \50\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), redesignated sec. 4 as sec. 6. Previously, the
    amendments of July 15, 1980 (45 F.R. 51974) redesignated existing secs.
    2 and 3 as secs. 3 and 4, respectively, and added a new sec. 2.
    ---------------------------------------------------------------------------
        (b) Any reference in this delegation of authority to any
    act, order, determination, delegation of authority, regulation,
    or procedure shall be deemed to be a reference to such act,
    order, determination, delegation of authority, regulation, or
    procedure as amended from time to time.
        (c) Any reference in this delegation of authority to
    security assistance, shall be deemed to include all forms of
    security assistance, including assistance and training under
    part II of the act (including chapters 4 and 6 thereof), sales,
    exports, credits, and guaranties under the Arms Export Control
    Act, and naval vessel transfer as authorized by law.
        (d) Notwithstanding any provision of this delegation of
    authority, the Secretary of State or the Deputy Secretary of
    State may at any time exercise any function delegated or
    reserved \51\ by this delegation of authority.
    ---------------------------------------------------------------------------
        \51\ The amendments of February 4, 1984 (49 F.R. 7018) added the
    words ``or reserved''.
    ---------------------------------------------------------------------------
        (e) Any officer to whom functions are delegated \52\ by
    this delegation of authority may, to the extent consistent with
    law:
    ---------------------------------------------------------------------------
        \52\ The words ``to any officer of the Department of State'' which
    previously appeared at this point, were struck out by the amendments of
    July 15, 1980 (45 F.R. 51974).
    ---------------------------------------------------------------------------
        (1) redelegate such functions and authorize their
    successive redelegation; and
        (2) promulgate such rules and regulations as may be
    necessary to carry out such functions.
        (f) State Department Delegation of Authority No. 104 of
    November 3, 1961 (26 F.R. 10608), as amended, is revoked.
        (g) Except to the extent inconsistent with this delegation
    of authority, all delegations of authority, determinations,
    authorizations, regulations, rulings, certificates, orders,
    directives, contracts, agreements, and other actions made,
    issued, or entered into with respect to any function affected
    by this delegation of authority and not revoked, superseded, or
    otherwise made inapplicable before the effective date of this
    delegation of authority, shall continue in full force and
    effect until modified, amended, or terminated by appropriate
    authority.
        (h) \53\ Any reference in this delegation of authority to
    any act, order, determination, delegation of authority,
    regulation, or procedure shall be deemed to apply to any \54\
    provision of law that is the same or substantially the same as
    such act, order, determination, delegation of authority,
    regulation, or procedure.
    ---------------------------------------------------------------------------
        \53\ Added by sec. 2 of Department of State Delegation of Authority
    issued in 1998, unnumbered, undated, unpublished #1.
        \54\ Sec. 16 of Delegation of Authority of March 31, 1999 (neither
    numbered nor published), struck out ``hereafter enacted'' after ``apply
    to any''.
    c. International Development Cooperation Agency Delegation of Authority
                                     No. 1

     International Development Cooperation Agency Delegation of Authority
       No. 1, October 1, 1979, 44 F.R. 57521; as amended by amendment of
                        October 31, 1980, 45 F.R. 74090

        International Development Cooperation Agency: Foreign Economic
                                   Assistance

        By virtue of the authority vested in me by the Foreign
    Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.)
    (hereinafter referred to as the Act), title IV of the
    International Development Cooperation Act of 1979 (22 U.S.C.
    3501 et seq.), Executive Order No. 12163 of September 29, 1979
    entitled ``Administration of Foreign Assistance and Related
    Functions'' (hereinafter referred to as the Executive Order),
    and Reorganization Plan No. 2 of 1979 (44 F.R. 41185), it is
    ordered as follows:

              Note.--The Foreign Affairs Reform and Restructuring
            Act of 1998, and within that Act the Foreign Affairs
            Agencies Consolidation Act of 1998 (division G, and
            within that, subdivision A, of Public Law 105-277; 112
            Stat. 2681-761, 2681-765), abolished the U.S. Arms
            Control and Disarmament Agency, the U.S. Information
            Agency, and the U.S. International Development
            Cooperation Agency, and transferred the functions of
            these agencies to the Department of State; transferred
            certain functions of the Agency for International
            Development to the Department of State; and further
            reorganized the Department of State.
              Sec. 1422 of Public Law 105-277 (5 U.S.C. app.; 22
            U.S.C. 2381 note) provided that reorganization plans
            and delegations of authority related to the agencies
            listed above shall cease to be effective, including the
            Reorganization Plan No. 2 of 1979 (5 U.S.C. app.),
            certain sections of Executive Order 12163, this
            Delegation of Authority, except for sec. 1-6 (retained
            below), and sec. 3 of Executive Order 12884.

              * * * * * * *

    1-6. Functions Delegated to the Overseas Private Investment Corporation

        1-601. Exclusive of the functions otherwise delegated, or
    reserved to the Director of IDCA herein, there are hereby
    delegated to the Overseas Private Investment Corporation:
              (a) The functions under sections 621(b), 625(d)(1),
            627, 628, 629(b), 630 and 635(d) of the Act insofar as
            such functions relate to the operations of the Overseas
            Private Investment Corporation, its activities, or
            personnel.
              (b) The functions under section 237(a) of the Act,
            provided that such functions shall be exercised in
            consultation with the Director of IDCA.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1421 of the Foreign Affairs Agencies Consolidation Act of
    1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
    2681-791) provides the following:
        ``Except as otherwise provided in this subdivision, any reference
    in any statute, reorganization plan, Executive order, regulation,
    agreement, determination, or other official document or proceeding to
    the United States International Development Cooperation Agency (IDCA)
    or to the Director or any other officer or employee of IDCA--
    ---------------------------------------------------------------------------

      * * *

      ``(2) insofar as such reference relates to any function or authority
    transferred under section 1412(b) [relating to Overseas Private Investment
    Corporation], shall be deemed to refer to the Administrator of the Agency
    for International Development''.

              * * * * * * *
                   d. Administration of Arms Export Controls

    Executive Order 11958, January 18, 1977, 42 F.R. 4311,\1\ as amended by
    Executive Order 12118, February 6, 1979, 44 F.R. 7939; Executive Order
    12163, September 29, 1979, 44 F.R. 56673; Executive Order 12210, April
    16, 1980, 45 F.R. 26313; Executive Order 12321, September 14, 1981, 46
        F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933;
      Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order
      12560, May 24, 1986, 51 F.R. 19160; Executive Order 12680, July 5,
    1989, 54 F.R. 28996; Executive Order 12738, December 14, 1990, 55 F.R.
        52033; Executive Order 13030, December 12, 1996, 61 F.R. 66187;
     Executive Order 13091, June 29, 1998, 63 F.R. 36153; Executive Order
      13118, March 31, 1999, 64 F.R. 16595; and by Executive Order 13284,
                         January 23, 2003, 68 F.R. 4075

        By virtue of the authority vested in me by the Constitution
    and statutes of the United States of America, including the
    Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.),
    and Section 301 of Title 3 of the United States Code, and as
    President of the United States of America, it is hereby ordered
    as follows:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2751 note. This Executive Order superseded Executive
    Order 11501, December 22, 1969 (34 F.R. 20169), as amended by Executive
    Order 11685, September 27, 1972 (37 F.R. 20155).
    ---------------------------------------------------------------------------
        Section 1. Delegation of Functions. The following functions
    conferred upon the President by the Arms Export Control Act (22
    U.S.C. 2751 et seq.), hereinafter referred to as the Act and
    related legislation,\2\ are delegated as follows:
    ---------------------------------------------------------------------------
        \2\ Sec. 5 of Executive Order 12680, July 5, 1989 (54 F.R. 28996)
    added ``and related legislation'' and new paras. (q) and (r).
    ---------------------------------------------------------------------------
        (a) Those under Section 3 of the Act, with the exception of
    subsections (a)(1), (b), (c)(3), (c)(4), and (f),\3\ to the
    Secretary of State: Provided, That the Secretary of State, in
    the implementation of the functions delegated to him under
    Sections 3 (a) and (d) of the Act, is authorized to find, in
    the case of a proposed transfer of a defense article or related
    training or other defense service by a foreign country or
    international organization not otherwise eligible under Section
    3(a)(1) of the Act, whether the proposed transfer will
    strengthen the security of the United States and promote world
    peace.
    ---------------------------------------------------------------------------
        \3\ The reference to subsec. (f) was added by sec. 1-107 of
    Executive Order 12118, February 6, 1979 (44 F.R. 7939).
    ---------------------------------------------------------------------------
        (b) Those under Section 5 to the Secretary of State.
        (c) Those under Section 21 of the Act, with the exception
    of the last sentence of subsection (d) and all of subsection
    (i), to the Secretary of Defense.\4\
    ---------------------------------------------------------------------------
        \4\ The reference to subsec. (i) was substituted in place of a
    reference to subsec. (h) by sec. 1-101 of Executive Order 12210, April
    16, 1980 (45 F.R. 26313).
    ---------------------------------------------------------------------------
        (d) Those under Sections 22(a), 29, 30 and 30A of the Act
    to the Secretary of Defense.\5\
    ---------------------------------------------------------------------------
        \5\ The reference to sec. 29 was added by sec. 2 of Executive Order
    12321, September 14, 1981 (46 F.R. 46109). The reference to sec. 30 was
    added by sec. 2 of Executive Order 12423, May 26, 1983 (48 F.R. 24025).
    The reference to sec. 30A was added by Executive Order 12560, May 24,
    1986 (51 F.R. 19160).
    ---------------------------------------------------------------------------
        (e) \6\ Those under Section 23 of the Act and section 571
    of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1990 (Public Law 101-167), to the
    Secretary of Defense, to be exercised in consultation with the
    Secretary of State and the Secretary of the Treasury, except
    that the President shall determine any rate of interest to be
    charged which is less than the market rate of interest.
    ---------------------------------------------------------------------------
        \6\ Sec. 12 of Executive Order 12560, May 24, 1986 (51 F.R. 19160),
    amended and restated sec. 1(e). Previously, sec. 1(e) read as follows:
    ``Those under Section 23 of the Act, with the exception of the function
    of certifying a rate of interest to the Congress as provided by
    paragraph (2) of that Section, to the Secretary of Defense.''.
        Sec. 6 of Executive Order 12680, July 5, 1989 (54 F.R. 28996),
    added reference to sec. 580 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1989. Sec. 6 of
    Executive Order 12738, December 14, 1990 (55 F.R. 52033), updated
    reference to the current Foreign Operations, Export Financing, and
    Related Programs Appropriations Act.
    ---------------------------------------------------------------------------
        (f) \7\ Those under Sections 24, 27 and 28 of the Act to
    the Secretary of Defense. The Secretary of Defense, in
    implementing the functions delegated to him under Sections 24
    \8\ and 27, shall consult with the Secretary of State and the
    Secretary of the Treasury.
    ---------------------------------------------------------------------------
        \7\ The delegation of functions under secs. 27 and 28 were added by
    sec. 1-102 of Executive Order 12210, April 16, 1980 (45 F.R. 26313).
        \8\ Sec. 24 and the reference to the Secretary of the Treasury were
    added by sec. 13 of Executive Order 12560, May 24, 1986 (51 F.R.
    19160).
    ---------------------------------------------------------------------------
        (g) Those under Section 25 of the Act to the Secretary of
    State. The Secretary of Defense and the Director of the Arms
    Control and Disarmament Agency, within their respective areas
    of responsibility, shall assist the Secretary of State in the
    preparation of materials for presentation to the Congress under
    that Section.
        (h) Those under Section 34 of the Act to the Secretary of
    State. To the extent the standards and criteria for credit and
    guaranty transactions are based upon national security and
    financial policies, the Secretary of State shall obtain the
    prior concurrence of the Secretary of Defense and the Secretary
    of the Treasury, respectively.
        (i) Those under Section 35(a) of the Act to the Secretary
    of State.
        (j) Those under Sections 36(a) and 36(b)(1) of the Act,
    except with respect to the certification of an emergency as
    provided by subsection (b)(1), to the Secretary of Defense. The
    Secretary of Defense, in the implementation of the functions
    delegated to him under Sections 36 (a) and (b)(1) shall consult
    with the Secretary of State, who shall, with respect to matters
    related to subparagraphs (D) and (I) of Section 36(b)(1),
    consult with the Director of the Arms Control and Disarmament
    Agency. With respect to those functions under Sections 36(a)
    (5) and (6), the Secretary of Defense shall consult with the
    Director of the Office of Management and Budget.
        (k) Those under Sections 36 (c) and (d) of the Act to the
    Secretary of State. Those under Section 36(e) of the Act, as
    added by Public Law 104-164 with respect to transmittals
    pursuant to Section 36(b) to the Secretary of Defense, and with
    respect to transmittals pursuant to Section 36(c), to the
    Secretary of State.\9\
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a) of Executive Order 13091 (63 F.R. 36153) added this
    sentence.
    ---------------------------------------------------------------------------
        (l) Those under Section 38 of the Act:
              (1) to the Secretary of State, except as otherwise
            provided in this subsection. Designations, including
            changes in designations, by the Secretary of State of
            items or categories of items which shall be considered
            as defense articles and defense services subject to
            export control under Section 38 shall have the
            concurrence of the Secretary of Defense. The authority
            to undertake activities to ensure compliance with
            established export conditions may be redelegated to the
            Secretary of Defense, or to the head of another
            department or agency as appropriate, which shall
            exercise such functions in consultation with the
            Secretary of State; \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 7 of Executive Order 12680, July 5, 1989 (54 F.R. 28996)
    added the second sentence.
    ---------------------------------------------------------------------------
              (2) to the Attorney General,\11\ to the extent they
            relate to the control of the import of defense articles
            and defense services. In carrying out such functions,
            the Attorney General \11\ shall be guided by the views
            of the Secretary of State on matters affecting world
            peace, and the external security and foreign policy of
            the United States. Designations including changes in
            designations, by the Attorney General \11\ of items or
            categories of items which shall be considered as
            defense articles and defense services subject to import
            control under Section 38 of the Act shall have the
            concurrence of the Secretary of State and the Secretary
            of Defense;
    ---------------------------------------------------------------------------
        \11\ Sec. 13(a) of Executive Order 13284, January 23, 2003 (68 F.R.
    4076), struck out ``Secretary of the Treasury'' and inserted in lieu
    thereof ``Attorney General''.
    ---------------------------------------------------------------------------
              (3) to the Secretary of Commerce, to carry out on
            behalf of the Secretary of State, to the extent such
            functions involve Section 38(e) of the Act and are
            agreed to by the Secretary of State and the Secretary
            of Commerce.
        (m) Those under Section 39(b) of the Act to the Secretary
    of State. In carrying out such functions, the Secretary of
    State shall consult with the Secretary of Defense as may be
    necessary to avoid interference in the application of
    Department of Defense regulations to sales made under Section
    22 of the Act.
        (n) \12\ Those under Section 40A of the Act, as added by
    Public Law 104-164, to the Secretary of State insofar as they
    related to commercial exports licensed under the Act, and to
    the Secretary of Defense, insofar as they related to defense
    articles and defense services sold, leased, or transferred
    under the Foreign Military Sales Program.
    ---------------------------------------------------------------------------
        \12\ Sec. 1(b) of Executive Order 13091 (63 F.R. 36153)
    redesignated former subsecs. (n) through (s) as subsecs. (o) through
    (t), and added a new subsec. (n). Previously, sec. 2 of Executive Order
    13030, December 12, 1996 (61 F.R. 66187) added subsec. (n) and
    redesignated former subsecs. (n) through (r) as subsecs. (o) through
    (s), respectively.
    ---------------------------------------------------------------------------
        (o) \13\ Those under Section 40A of the Act, as added by
    the Antiterrorism and Effective Death Penalty Act of 1996
    (Public Law 104-132), to the Secretary of State.
    ---------------------------------------------------------------------------
        \13\ Added by sec. 2 of Executive Order 13030, December 12, 1996
    (61 F.R. 66187); see previous note.
    ---------------------------------------------------------------------------
        (p) Those under Sections 42 (c) and (f) of the Act to the
    Secretary of Defense. The Secretary of Defense shall obtain
    concurrence of the Secretary of State and the Secretary of the
    Treasury on any determination proposed under the authority of
    Section 42(c) of the Act.\14\
    ---------------------------------------------------------------------------
        \14\ This sentence was added by sec. 2(a) of Executive Order 12365,
    May 24, 1982 (47 F.R. 22933).
    ---------------------------------------------------------------------------
        (q) \15\ Those under Sections 52(b) and 53 of the Act to
    the Secretary of Defense.
    ---------------------------------------------------------------------------
        \15\ This subsec., redesignated by Executive Orders 13030 and
    13091, was originally added by sec. 1-103 of Executive Order 12210, was
    amended and restated by sec. 2(b) of Executive Order 12365, May 24,
    1982 (47 F.R. 22933). Previously, such subsec. delegated functions
    under sec. 43(c) of the Arms Export Control Act to the Secretary of
    Defense.
    ---------------------------------------------------------------------------
        (r) \16\ Those under Sections 61 and 62(a) of the Act to
    the Secretary of Defense.
    ---------------------------------------------------------------------------
        \16\ Sec. 2(c) of Executive Order 12365, May 24, 1982 (47 F.R.
    22933), added this subsec.
    ---------------------------------------------------------------------------
        (s) \17\ Those under Section 2(b)(6) of the Export-Import
    Bank Act of 1945 (12 U.S.C. 635(b)(6)) to the Secretary of
    State.
    ---------------------------------------------------------------------------
        \17\ Sec. 5(2) of Executive Order 12680, July 5, 1989 (54 F.R.
    28996) added subsecs. (s) and (t), redesignated by Executive Order
    13030 and further redesignated by Executive Order 13091.
    ---------------------------------------------------------------------------
        (t) \17\ Those under Section 588(b) of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), to the Secretary
    of Defense, except with respect to the determination of an
    emergency as provided by subsection (b)(3). The Secretary of
    Defense in implementation of the functions delegated to him
    under section 588(b) shall consult with the Secretary of State.
        Sec. 2. Coordination. (a) In addition to the specific
    provisions of Section 1 of this Order, the Secretary of State
    and the Secretary of Defense, in carrying out the functions
    delegated to them under this Order, shall consult with each
    other and with the heads of other departments and agencies,
    including the Secretary of the Treasury,\18\ the Attorney
    General,\19\ and the Chairman of the Export-Import Bank \20\ on
    matters pertaining to their responsibilities.
    ---------------------------------------------------------------------------
        \18\ Sec. 10(8) of Executive Order 13118 (64 F.R. 16598) struck out
    ``the Director of the United States International Development
    Cooperation Agency, the Director of the Arms Control and Disarmament
    Agency,'' following ``Secretary of the Treasury''. Previously, the
    reference to the Director of IDCA was substituted in lieu of a
    reference to the Administrator of AID by sec. 1-903(h)(4) of Executive
    Order 12163, Sept. 29, 1979 (44 F.R. 56679).
        \19\ Sec. 13(b) of Executive Order 13284, January 23, 2003 (68 F.R.
    4076), inserted ``the Attorney General,''.
        \20\ Sec. 8 of Executive Order 12680, July 5, 1989 (54 F.R. 28996),
    added reference to the Chairman of the Export-Import Bank.
    ---------------------------------------------------------------------------
        (b) In accordance with Section 2(b) of the Act and under
    the directions of the President, the Secretary of State, taking
    into account other United States activities abroad, shall be
    responsible for the continuous supervision and general
    direction of sales and exports under the Act, including but not
    limited to, the negotiation, conclusion, and termination of
    international agreements, and determining whether there shall
    be a sale to a country and the amount thereof, and whether
    there shall be delivery or other performance under such sale or
    export, to the end that sales and exports are integrated with
    other United States activities and the foreign policy of the
    United States is best served thereby.
        Sec. 3. Allocation of Funds. Funds appropriated to the
    President for carrying out the Act shall be deemed to be
    allocated to the Secretary of Defense without any further
    action of the President.
        Sec. 4. Revocation. Executive Order No. 11501, as amended,
    is revoked; except that, to the extent consistent with this
    Order, all determinations, authorizations, regulations,
    rulings, certificates, orders, directives, contracts,
    agreements and other actions made, issued, taken or entered
    into under the provisions of Executive Order No. 11501, as
    amended, and not revoked, superseded or otherwise made
    inapplicable, shall continue in full force and effect until
    amended, modified or terminated by appropriate authority.
                   e. Overseas Private Investment Corporation

    Executive Order 11579, January 19, 1971, 36 F.R. 969; \1\ as amended by
        Executive Order 12107, December 28, 1978, 44 F.R. 1055; and by
            Executive Order 12163, September 29, 1979, 44 F.R. 56673

        By virtue of the authority vested in me by the Foreign
    Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter
    the ``Act''), and section 301 of title 3 of the United States
    Code, and as President of the United States, it is ordered as
    follows:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2191 note.
    ---------------------------------------------------------------------------
        Section 1. Transfer to Overseas Private Investment
    Corporation. All obligations, assets and related rights and
    responsibilities arising out of, or related to, predecessor
    programs and authorities similar to those provided for in
    section 234 (a), (b) and (d) of the Act are hereby transferred
    to the Overseas Private Investment Corporation (hereinafter the
    ``Corporation'').
        Sec. 2. Delegation of functions. (a) \2\ * * * [Revoked--
    1979]
    ---------------------------------------------------------------------------
        \2\ Subsec. (a) was revoked by sec. 1-903(a)(2) of Executive Order
    12163, September 29, 1979 (44 F.R. 56673).
    ---------------------------------------------------------------------------
        (b) The function of prescribing regulations relating to the
    reinstatement or restoration of officers and employees of the
    Corporation to other government positions, when their
    appointment to a position in the Corporation was made from
    another government position and their separation from the
    Corporation was not made for cause, is hereby delegated to the
    Office of Personnel Management.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 2-101 of Executive Order 12107 struck out ``Civil Service
    Commission'' and inserted in lieu thereof ``Office of Personnel
    Management''.
    ---------------------------------------------------------------------------
        Sec. 3. Allocation and transfer of funds. Funds made
    available under section 232 of the Act (repealed by section 105
    of the Foreign Assistance Act of 1969) which are obligated but
    unexpended are hereby transferred to the Corporation.
        Sec. 4. General provisions. (a) As used in this order, the
    words ``function'' or ``functions'' include any duty,
    obligation, power, authority, responsibility, right, privilege,
    discretion, or activity.
        (b) The Corporation shall be deemed to be the successor of
    the Agency for International Development and the Administrator
    thereof, with respect to all functions vested in the
    Corporation pursuant to law.
        (c) Except to the extent that they may be inconsistent with
    this order, all determinations, authorizations, regulations,
    rulings, certificates, orders, directives, contracts,
    agreements, and other actions made, issued, or entered into
    with respect to any function affected by this order and not
    revoked, superseded or otherwise made inapplicable before the
    date of this order, shall continue in full force and effect
    until amended, modified, or terminated by appropriate
    authority.
        (d) Executive Order No. 10973 of November 3, 1961, as
    amended,\4\ is hereby superseded insofar as any provision
    therein is in conflict with any provision herein.
    ---------------------------------------------------------------------------
        \4\ Revoked by Executive Order 12163, September 29, 1979 (44 F.R.
    56673).
    ---------------------------------------------------------------------------
        (e) The provisions of this order shall become effective
    upon adoption by the Board of Directors of bylaws for the
    Corporation.
    f. Performance of Functions Authorized by the Foreign Assistance Act of
                                1961, as Amended

     Executive Order 11223, May 12, 1965, 30 F.R. 6635; \1\ as amended by
      Executive Order 12163, September 29, 1979, 44 F.R. 56673; Executive
     Order 12178, December 10, 1979, 44 F.R. 71807; and by Executive Order
                      13118, March 31, 1999, 64 F.R. 16595

        By virtue of the authority vested in me by section 633 of
    the Foreign Assistance Act of 1961, as amended, 75 Stat. 454
    (22 U.S.C. 2393), it is hereby determined that, to the extent
    hereinafter indicated, the performance of functions authorized
    by that Act,\2\ as amended, and any predecessor legislation,
    without regard to the laws specified in the numbered
    subdivisions of sections 1 and 2 of this order and without
    regard to consideration as specified in sections 3 and 4 of
    this order will further the purposes of the Foreign Assistance
    Act of 1961, as amended:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2393 note.
        \2\ Sec. 1-903(d) of Executive Order 12163 provided that the
    reference in this Executive Order ``to `the performance of functions
    authorized by this Act' shall be deemed to include the performance of
    functions authorized by sec. 403 of the IDC Act of 1979.'' Sec. 403 of
    the International Development Cooperation Act of 1979 specified the
    functions of the Institute for Scientific and Technological
    Cooperation.
    ---------------------------------------------------------------------------
        Section 1. With respect to functions authorized by the
    Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et
    seq.), and any predecessor legislation except those functions
    exercised by the Department of Defense under authority of
    sections 621 and 623 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2381 and 2383):
              (1) The Act of March 26, 1934, 48 Stat. 500, as
            amended (15 U.S.C. 616a).
              (2) Section 3648 of the Revised Statutes, as amended,
            60 Stat. 809 (31 U.S.C. 529).
              (3) Section 305 of the Federal Property and
            Administrative Services Act of 1949, 63 Stat. 396, as
            amended (41 U.S.C. 255).
              (4) Section 3709 of the Revised Statutes, as amended
            (41 U.S.C. 5).
              (5) Section 3710 of the Revised Statutes (41 U.S.C.
            8).
              (6) Section 2 of title III of the Act of March 3,
            1933, 47 Stat. 1520 (41 U.S.C. 10a).
              (7) Section 3735 of the Revised Statutes (41 U.S.C.
            13).
              (8) Section 304(c) of the Federal Property and
            Administrative Services Act of 1949, as added by the
            Act of October 31, 1951, 65 Stat. 700 (41 U.S.C.
            254(c)), but only with respect to contracts entered
            into with foreign governments or agencies thereof for
            the rendering of services to the United States or an
            agency thereof within the continental limits of the
            United States.
              (9) Section 901(a) of the Merchant Marine Act, 1936,
            49 Stat. 2015, as amended (46 U.S.C. 1241(a)).
        Sec. 2. With respect to purchases authorized to be made
    outside the limits of the United States or the District of
    Columbia under the Foreign Assistance Act of 1961, as amended,
    and any predecessor legislation:
              (1) Section 2276(a) of Title 10 of the United States
            Code.
              (2) Section 2313(b) of Title 10 of the United States
            Code.
              (3) Section 304(c) of the Federal Property and
            Administrative Services Act of 1949, as added by the
            Act of October 31, 1951, 65 Stat. 700 (41 U.S.C.
            254(c)).
              (4) Section 1301 of the Second War Powers Act, 1942,
            56 Stat. 185 (50 U.S.C. App. 643), as extended by the
            provisions of the Act of June 30, 1953, 67 Stat. 120.
              (5) Section 3(b) of the Act of August 28, 1958, 72
            Stat. 972 (50 U.S.C. 1433(b)), but only with respect to
            contracts in which the inclusion of the clause required
            by section 3(b), or the compliance with that clause, if
            included in a contract, is deemed by the executive or
            military department concerned to be impracticable.
        Sec. 3. With respect to cost-type contracts heretofore or
    hereafter made with non-profit institutions under which no fee
    is charged or paid, amendments and modifications of such
    contracts may be made with or without consideration and may be
    utilized to accomplish the same things as any original contract
    could have accomplished, irrespective of the time or
    circumstances of the making, or the form of the contract
    amended or modified, or of the amending or modifying contract
    and irrespective of rights which may have accrued under the
    contract or the amendments or modifications thereof.
        Sec. 4. With respect to contracts heretofore or hereafter
    made, other than those described in section 3 of this order,
    amendments and modifications of such contracts may be made with
    or without consideration and may be utilized to accomplish the
    same things as any original contract could have accomplished,
    irrespective of the time or circumstances of the making, or the
    form of the contract amended or modified, or of the amending or
    modifying contract, and irrespective of rights which may have
    accrued under the contract or the amendments or modifications
    thereof, if the Secretary of State or the Administrator of the
    United States Agency for International Development (with
    respect to functions vested in or delegated to the
    Administrator) \3\ determines in each case that such action is
    necessary to protect the foreign policy interests of the United
    States.
    ---------------------------------------------------------------------------
        \3\ Sec. 10(10) of Executive Order 13118 (64 F.R. 16599) struck out
    ``Director of the United States International Development Cooperation
    Agency (with respect to functions vested in or delegated to the
    Director)'' and inserted in lieu thereof ``Administrator of the United
    States Agency for International Development (with respect to functions
    vested in or delegated to the Administrator)''. The reference to the
    Director of IDCA was first added by sec. 1-903(b)(5) of Executive Order
    12163, September 29, 1979 (44 F.R. 56673).
    ---------------------------------------------------------------------------
        Sec. 5. Executive Order No. 10784 of October 1, 1958, and
    Executive Order No. 10845 of October 12, 1959, are hereby
    superseded.
        Sec. 6.\4\ I determine it to be in furtherance of the
    purposes of the Foreign Assistance Act of 1961, as amended, and
    in the national security interest of the United States that the
    functions authorized by chapter 7 of Part II of that Act,
    relating to air base construction in Israel, be performed
    without regard to the following additional specified provisions
    of law:
    ---------------------------------------------------------------------------
        \4\ Sec. 6 was added by Executive Order 12178, December 10, 1979
    (44 F.R. 71807).
    ---------------------------------------------------------------------------
              (1) Title IX of the Federal Property and
            Administration Services Act of 1949, as amended (40
            U.S.C. 541-544);
              (2) Section 612 of the Military Construction
            Authorization Act, 1967, as amended (31 U.S.C. 723a);
              (3) Section 719 of the Defense Production Act of
            1950, as amended (50 U.S.C. App. 2168); and
              (4) Section 111 of the Federal Property and
            Administrative Services Act of 1949, as amended (40
            U.S.C. 759).
                         g. Foreign Disaster Assistance

    Executive Order 12966, July 14, 1995, 60 F.R. 36949, 10 U.S.C. 404 note

        By the authority vested in me as President by the
    Constitution and the laws of the United states of America,
    including the National Defense Authorization Act for Fiscal
    Year 1995, Public Law 103-337 (the ``Act'') and section 301 of
    title 3, United States Code, it is hereby ordered as follows:
        Section 1. This order governs the implementation of section
    404 of title 10, United States Code, as added by amendment set
    forth in section 1412(a) of the Act. Pursuant to 10 U.S.C.
    404(a), the Secretary of Defense is hereby directed to provide
    disaster assistance outside the United States to respond to
    manmade or natural disasters when the Secretary of Defense
    determines that such assistance is necessary to prevent loss of
    lives. The Secretary of Defense shall exercise the notification
    functions required of the President by 10 U.S.C. 404(c).
        Sec. 2. The Secretary of Defense shall provide disaster
    assistance only:
              (a) at the direction of the President; or
              (b) with the concurrence of the Secretary of State;
            or
              (c) in emergency situations in order to save human
            lives, where there is not sufficient time to seek the
            prior initial concurrence of the Secretary of State, in
            which case the Secretary of Defense shall advise, and
            seek the concurrence of, the Secretary of State as soon
            as practicable thereafter. For the purpose of section
            2(b) of this order, only the Secretary of State, or the
            Deputy Secretary of State, or persons acting in those
            capacities, shall have the authority to withhold
            concurrence. Concurrence of the Secretary of State is
            not required for the execution of military operations
            undertaken pursuant to, and consistent with, assistance
            provided in accordance with parts (b) and (c) of this
            section, or with respect to matters relating to the
            internal financial processes of the Department of
            Defense.
        Sec. 3. In providing assistance covered by this order, the
    Secretary of Defense shall consult with the Administrator of
    the Agency for International Development, in the
    Administrator's capacity as the President's Special Coordinator
    for International Disaster Assistance.
        Sec. 4. This order does not affect any activity or program
    authorized under any other provision of law, except that
    referred to in section 1 of this order.
        Sec. 5. This order is effective at 12:01 a.m., e.d.t. on
    July 15, 1995.
                     h. Global Disaster Information Network

     Executive Order 13151, April 27, 2000, 65 F.R. 25619, 42 U.S.C. 5195
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to establish a Global Disaster Information Network to
    use information technology more effectively to reduce loss of
    life and property from natural and man-made disasters, it is
    hereby ordered as follows:
        Section 1. Policy. (a) It is the policy of this
    Administration to use information technology more effectively
    to coordinate the Federal Government's collection and
    dissemination of information to appropriate response agencies
    and State governments to prepare for and respond to natural and
    man-made disasters (disasters). As a result of changing
    population demographics in our coastal, rural, and urban areas
    over the past decades, the loss of life and property (losses)
    from disasters has nearly doubled. One of the ways the Federal
    Government can reduce these losses is to use technology more
    effectively to coordinate its collection and dissemination
    (hereafter referred to collectively as ``provision'') of
    information which can be used in both planning for and
    recovering from disasters. While many agencies provide
    disaster-related information, they may not always provide it in
    a coordinated manner. To improve the provision of disaster-
    related information, the agencies shall, as set out in this
    order, use information technology to coordinate the Federal
    Government's provision of information to prepare for, respond
    to, and recover from domestic disasters.
        (b) It is also the policy of this Administration to use
    information technology and existing channels of disaster
    assistance to improve the Federal Government's provision of
    information that could be helpful to foreign governments
    preparing for or responding to foreign disasters. Currently,
    the United States Government provides disaster-related
    information to foreign governments and relief organizations on
    humanitarian grounds at the request of foreign governments and
    where appropriate. This information is supplied by Federal
    agencies on an ad hoc basis. To increase the effectiveness of
    our response to foreign disasters, agencies shall, where
    appropriate, use information technology to coordinate the
    Federal Government's provision of disaster-related information
    to foreign governments.
        (c) To carry out the policies in this order, there is
    established the Global Disaster Information Network (Network).
    The Network is defined as the coordinated effort by Federal
    agencies to develop a strategy and to use existing technical
    infrastructure, to the extent permitted by law and subject to
    the availability of appropriations and under the guidance of
    the Interagency Coordinating Committee and the Committee
    Support Office, to make more effective use of information
    technology to assist our Government, and foreign governments
    where appropriate, by providing disaster-related information to
    prepare for and respond to disasters.
        Sec. 2. Establishment. (a) There is established an
    Interagency Coordinating Committee (Committee) to provide
    leadership and oversight for the development of the Network.
    The Office of the Vice President, the Department of Commerce
    through the National Oceanic and Atmospheric Administration,
    and the Department of State, respectively, shall designate a
    representative to serve as Co-chairpersons of the Committee.
    The Committee membership shall comprise representatives from
    the following departments and agencies:
              (1) Department of State;
              (2) Department of Defense;
              (3) Department of the Interior;
              (4) Department of Agriculture;
              (5) Department of Commerce;
              (6) Department of Transportation;
              (7) Department of Energy;
              (8) Office of Management and Budget;
              (9) Environmental Protection Agency;
              (10) National Aeronautics and Space Administration;
              (11) United States Agency for International
            Development;
              (12) Federal Emergency Management Agency; and
              (13) Central Intelligence Agency.
    At the discretion of the Co-chairpersons of the Committee,
    other agencies may be added to the Committee membership. The
    Committee shall include an Executive Secretary to effect
    coordination between the Co-chairpersons of the Committee and
    the Committee Support Office.
        (b) There is established a Committee Support Office
    (Support Office) to assist the Committee by developing plans
    and projects that would further the creation of the Network.
    The Support Office shall, at the request of the Co-chairpersons
    of the Committee, carry out tasks taken on by the Committee.
        (c) The National Oceanic and Atmospheric Administration
    shall provide funding and administrative support for the
    Committee and the Support Office. To the extent permitted by
    law, agencies may provide support to the Committee and the
    Support Office to assist them in their work.
        Sec. 3. Responsibilities. (a) The Committee shall:
              (1) serve as the United States Government's single
            entity for all matters, both national and
            international, pertaining to the development and
            establishment of the Network;
              (2) provide leadership and high-level coordination of
            Network activities;
              (3) provide guidance for the development of Network
            strategies, goals, objectives, policies, and
            legislation;
              (4) represent and advocate Network goals, objectives,
            and processes to their respective agencies and
            departments;
              (5) provide manpower and material support for Network
            development activities;
              (6) develop, delegate, and monitor interagency
            opportunities and ideas supporting the development of
            the Network; and
              (7) provide reports, through the Co-chairpersons of
            the Committee, to the President as requested or at
            least annually.
        (b) The Support Office shall:
              (1) provide management and administrative support for
            the Committee;
              (2) develop Network strategies, goals, objectives,
            policies, plans, and legislation in accordance with
            guidance provided by the Committee;
              (3) consult with agencies, States, nongovernment
            organizations, and international counterparts in
            developing Network development tasks;
              (4) develop and make recommendations concerning
            Network activities to the agencies as approved by the
            Committee; and
              (5) participate in projects that promote the goals
            and objectives of the Network.
        Sec. 4. Implementation. (a) The Committee, with the
    assistance of the Support Office, shall address national and
    international issues associated with the development of the
    Network within the context of:
              (1) promoting the United States as an example and
            leader in the development and dissemination of disaster
            information, both domestically and abroad, and, to this
            end, seeking cooperation with foreign governments and
            international organizations;
              (2) striving to include all appropriate stakeholders
            in the development of the Network; and
              (3) facilitating the creation of a framework that
            involves public and private stakeholders in a
            partnership for sustained operations of the Network.
        (b) Intelligence activities, as determined by the Director
    of the Central Intelligence Agency, as well as national
    security-related activities of the Department of Defense and of
    the Department of Energy, are exempt from compliance with this
    order.
        Sec. 5. Tribal Governments. This order does not impose any
    requirements on tribal governments.
        Sec. 6. Judicial Review. This order does not create any
    right or benefit, substantive or procedural, enforceable by
    law, by a party against the United States, its officers, its
    employees, or any other person.
    (i) Assigning Foreign Affairs Functions and Implementing the Enterprise
      for the Americas Initiative and the Tropical Forest Conservation Act

     Executive Order 13345, July 8, 2004, 69 F.R. 41901, 7 U.S.C. 1738 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Agricultural Trade Development and Assistance Act
    of 1954 (ATDA Act), as amended, the Foreign Assistance Act of
    1961 (Foreign Assistance Act), as amended, and section 301 of
    title 3, United States Code, it is hereby ordered as follows:
        Section 1. Functions to be Performed by the Secretary of
    the Treasury. (a) The Secretary of the Treasury is hereby
    designated to perform the functions of the President under the
    following provisions of law:
              (1) sections 603(b), 604(a), and 611 of the ATDA Act
            (7 U.S.C. 1738b(b), 1738c(a), and 1738j); and
              (2) sections 703, 704(a), 805(b), 806(a), 807(a),
            808(a), and 812 of the Foreign Assistance Act (22
            U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 2431e(a),
            2431f(a), and 2431j).
        (b) The Secretary of the Treasury shall:
              (1)(A) make determinations under the provisions of
            sections 703(b) and 805(b) of the Foreign Assistance
            Act in accordance with any recommendations received
            from the Secretary of State with respect to subsections
            703(a)(1)-703(a)(4) and the corresponding
            recommendations under section 805(a)(1) of that Act;
            and
              (B) make determinations under the provisions of
            section 805(b) of the Foreign Assistance Act in
            accordance with any recommendations from the
            Administrator of the United States Agency for
            International Development (USAID) with respect to
            section 803(5)(B) of that Act;
              (2) exercise the functions under the provisions
            listed in section 1(a)(1) of this order in consultation
            with the Secretary of State and with the National
            Advisory Council on International Monetary and
            Financial Policies (Council) established by Executive
            Order 11269 of February 14, 1966;
              (3) consult, as appropriate, with the Secretary of
            State, the Administrator of USAID, the Council, the
            Secretary of Agriculture, the Director of the Office of
            Management and Budget, the Administrator of the
            Environmental Protection Agency, the Chairman of the
            Council on Environmental Quality, the Director of the
            Office of National Drug Control Policy, and the
            Chairman of the Council of Economic Advisers in the
            performance of all other functions under the provisions
            listed in section 1(a) of this order.
        Sec. 2. Functions to be Performed by the Secretary of
    State. (a) The Secretary of State is hereby designated to
    perform the functions of the President under sections 607 and
    614 of the ATDA Act (7 U.S.C. 1738f and 1738m) and section
    813(a) of the Foreign Assistance Act (22 U.S.C. 2431k).
        (b) The Secretary of State shall consult, as appropriate,
    with the Secretary of the Treasury and the Administrator of
    USAID, in the performance of functions under the provisions
    listed in subsection 2(a) of this order.
        (c) The Secretary of State shall consult, as appropriate,
    in the performance of functions under section 607 of the ATDA
    Act, with the Secretary of Agriculture, the Secretary of
    Commerce, the Administrator of the Environmental Protection
    Agency, the Chairman of the Council on Environmental Quality,
    and the heads of such other executive departments and agencies
    as the Secretary of State determines appropriate.
        (d) The Secretary of State is hereby designated to receive
    advice or supplemental views on the President's behalf
    consistent with the following provisions of law:
              (1) section 610(c)(1) of the ATDA Act (7 U.S.C.
            1738i(c)(1)); and
              (2) section 813(b) of the Foreign Assistance Act (22
            U.S.C. 2431k).
        Sec. 3. Recommendation by USAID. The Administrator of USAID
    shall make recommendations with respect to 803(5)(B) of the
    Foreign Assistance Act (22 U.S.C. 2431a(5)(B), in cooperation
    with the Secretary of Agriculture and the Secretary of State.
        Sec. 4. Government Appointees to the Enterprise for the
    Americas Board. (a) Pursuant to section 610(b)(1)(A) of the
    ATDA Act (7 U.S.C. 1738i(b)(1)(A) and section 811(b)(1)(A) and
    (b)(2) of the Foreign Assistance Act (22 U.S.C. 2431i(b)(1)(A)
    and (b)(2)), the following officers or employees of the United
    States are hereby designated to serve as representatives on the
    Enterprise for the Americas Board:
              (i) the designee of the Secretary of State, who shall
            be the chairperson of the Board;
              (ii) the designee of the Secretary of the Treasury;
              (iii) two designees of the Secretary of Agriculture,
            one of whom shall be an officer or employee of the
            United States Forest Service International Programs
            Office with experience in international forestry
            matters, and the other shall be an officer or employee
            of the Foreign Agricultural Service;
              (iv) the designee of the Secretary of the Interior;
              (v) the designee of the Administrator of the
            Environmental Protection Agency;
              (vi) the designee of the Administrator of USAID, who
            shall be the vice chairperson of the Board; and
              (vii) the designee of the Chairman of the Council on
            Environmental Quality.
        (b) The Board shall permit the following officers or
    employees of the United States to attend and observe a Board
    meeting:
              (i) a designee of the Secretary of Commerce; and
              (ii) a designee of the head of any executive
            department or agency, if the meeting will relate to
            matters relevant to the activities of such executive
            department or agency.
        (c) An officer of the United States listed in subsections
    4(a) and 4(b) shall make a designation for purposes of those
    subsections in writing submitted to the Secretary of State and
    shall change any such designation in the same manner. The
    authority to make such a designation may not be delegated.
        (d) The Secretary of State may, after consultation with the
    officers of the United States listed in subsection 4(b) and the
    Attorney General, as appropriate, establish such procedures as
    may be necessary to provide for the governance and
    administration of the Board.
        Sec. 5. Guidance for the Performance of Functions. In
    performing functions under this order, officers of the United
    States:
        (a) shall ensure that all actions taken by them are
    consistent with the President's constitutional authority to (i)
    conduct the foreign affairs of the United States, including the
    commencement, conduct, and termination of negotiations with
    foreign countries and international organizations, (ii)
    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, (iii) recommend for
    congressional consideration such measures as the President may
    judge necessary or expedient, and (iv) supervise the unitary
    executive branch;
        (b) may further assign functions assigned by this order to
    officers of any department or agency within the executive
    branch to the extent permitted by law except as provided in
    subsection 4(c) of this order and such further assignment shall
    be published in the Federal Register; and
        (c) shall consult the Attorney General as appropriate in
    implementing this section.
        Sec. 6. Revocation of Executive Orders. The following
    Executive Orders are hereby revoked:
        (a) Executive Order 12757 of March 19, 1991;
        (b) Executive Order 12823 of December 3, 1992;
        (c) Executive Order 13028 of December 3, 1996; and
        (d) Executive Order 13131 of July 22, 1999.
        Sec. 7. Judicial Review. This order is not intended to, and
    does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against
    the United States, its departments, agencies, entities,
    officers, employees or agents, or any other person.
        (j) Delegation of Certain Waiver, Determination, Certification,
                    Recommendation, and Reporting Functions

     Executive Order 13346, July 8, 2004, 69 F.R. 41905, 3 U.S.C. 301 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code, it is
    hereby ordered as follows:
        Section 1. The functions of the President in making certain
    waivers, determinations, certifications, recommendations, and
    reports to the Congress are assigned as follows:
        (a) The Secretary of State is authorized to make waivers,
    determinations, certifications, and recommendations, and to
    undertake related reporting, as described in:
              (i) Section 402(d)(1) of the Trade Act of 1974, as
            amended (19 U.S.C. 2432(d)(1)), with respect to the
            extension of Jackson-Vanik waivers;
              (ii) Section 609 of Division A of the Omnibus
            Consolidated and Emergency Supplemental Appropriations
            Act, 1999 (Public Law 105-277) as continued in effect
            by section 612 of Division B of the Consolidated
            Appropriations Act, 2004 (Public Law 108-199) with
            respect to cooperation related to persons missing in
            action and prisoners of war; and
              (iii) Section 102(a)(2) of the Arms Export Control
            Act, as amended (22 U.S.C. 2799aa-1(a)), with respect
            to any Presidential determination under section
            102(a)(1) that is also the subject of a determination
            and certification by the President pursuant to section
            102(a)(2).
        (b) The United States Trade Representative shall submit the
    report relating to sub-Saharan Africa under section 106 of the
    African Growth and Opportunity Act (Public Law 106-200, title
    1).
        Sec. 2. The functions of the President in making
    certifications to the Congress consistent with the resolution
    of advice and consent to ratification of the Chemical Weapons
    Convention adopted by the Senate on April 24, 1997 (Resolution)
    are assigned as follows:
        (a) The Secretary of State is authorized to make a
    certification consistent with section 2(7)(C)(i) of the
    Resolution with respect to the effectiveness and viability of
    the Australia Group.
        (b) The Secretary of Commerce is authorized to make a
    certification consistent with section 2(9) of the Resolution
    with respect to the interests of certain firms in the United
    States.
        Sec. 3. Executive Order 12163 of September 29, 1979, as
    amended, is further amended, in section 1-100(a), * * * \1\
    ---------------------------------------------------------------------------
        \1\ For amended text, see page 554.
    ---------------------------------------------------------------------------
        Sec. 4. Executive Order 13277 of November 19, 2002, is
    amended in section 1(b)(3) by adding after the phrase ``Section
    2105(a)(1)'' the terms ``(A) and (C)''.
        Sec. 5. References in this order to provisions of any Act
    shall be deemed to include references to any provision of law
    that is the same or substantially the same as such provisions.
        Sec. 6. In carrying out sections 1 and 2 of 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 and expedient; and (d) supervise
    the unitary executive branch.
        Sec. 7. Nothing in this order shall be construed to impair
    or otherwise affect the functions of the Director of the Office
    of Management and Budget relating to budget, administrative, or
    legislative proposals.
        Sec. 8. This order is intended only to improve the internal
    management of the executive branch and is not intended to, and
    does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against
    the United States, its departments, agencies, entities,
    officers, employees or agents, or any other person.
                          3. Armed Forces Legislation

                        a. TITLE 10, UNITED STATES CODE

                        SUBTITLE A--GENERAL MILITARY LAW

                PART I--ORGANIZATION AND GENERAL MILITARY POWERS

              * * * * * * *

                        CHAPTER 2--DEPARTMENT OF DEFENSE

              * * * * * * *

    Sec. 113.\1\ Secretary of Defense * * *

        (e)(1) \2\ The Secretary shall include in his annual report
    to Congress under subsection (c)--
    ---------------------------------------------------------------------------
        \1\ Sec. 113 was originally codified at sec. 133 of 10 U.S.C. The
    Department of Defense Reorganization Act of 1986 (Public Law 99-433;
    100 Stat. 1074) redesignated sec. 133 of 10 U.S.C. as sec. 113 and
    modified the section title.
        Sec. 1031(1) of Public Law 106-65 (113 Stat. 749) made 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.'' inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
        \2\ Sec. 603 of the DOD Reorganization Act of 1986 (Public Law 99-
    433; 100 Stat. 1074) amended and restated subsec. (e).
    ---------------------------------------------------------------------------
              (A) a description of the major military missions and
            of the military force structure of the United States
            for the next fiscal year;
              (B) an explanation of the relationship of those
            military missions to that force structure; and
              (C) the justification for those military missions and
            that force structure.
        (2) In preparing the matter referred to in paragraph (1),
    the Secretary shall take into consideration the content of the
    annual national security strategy report of the President under
    section 108 of the National Security Act of 1947 for the fiscal
    year concerned.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1070(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2855) struck out
    ``section 104'' and inserted in lieu thereof ``section 108''. For text
    of 108 of the National Security Act of 1947, 50 U.S.C. 404a, see
    Legislation on Foreign Relations Through 2005, vol. IV, sec. N.
    ---------------------------------------------------------------------------
              * * * * * * *
        (i) \4\ (1) \5\ The Secretary of Defense shall transmit to
    Congress each year a report that contains a comprehensive net
    assessment of the defense capabilities and programs of the
    armed forces of the United States and its allies as compared
    with those of their potential adversaries.\6\
    ---------------------------------------------------------------------------
        \4\ Sec. 1322(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out
    previous subsec. (i) and redesignated subsecs. (j) through (l) as (i)
    through (k), respectively. Former subsec. (i) was originally enacted by
    sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96
    Stat. 739) as subsec. (h) of sec. 138 (now sec. 114); and was
    redesignated as a subsec. of sec. 113 by the DOD Reorganization Act of
    1986 (Public Law 99-433).
        Subsec. (i), redesignated from subsec. (j) by sec. 1322(a)(1) of
    the National Defense Authorization Act for Fiscal Year 1991 (Public Law
    101-510; 104 Stat. 1671), was added by sec. 1214 of the National
    Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat.
    1157).
        \5\ Sec. 731 of the National Defense Authorization Act, Fiscal Year
    1989 (Public Law 100-456; 102 Stat. 2003), added the para. designation
    ``(1)'', and added new paras. (2) and (3).
        \6\ Sec. 731 of the National Defense Authorization Act, Fiscal Year
    1989 (Public Law 100-456; 102 Stat. 2003), struck out the following
    sentence at this point: ``Each such report shall be transmitted in both
    a classified and an unclassified form.''.
    ---------------------------------------------------------------------------
        (2) \5\ Each such report shall--
              (A) include a comparison of the defense capabilities
            and programs of the armed forces of the United state
            and its allies with the armed forces of potential
            adversaries of the United States and allies of the
            United States;
              (B) include an examination of the trends experienced
            in those capabilities and programs during the period
            covered by the future-years defense program submitted
            to Congress during that year pursuant to section 221
            \7\ the five years immediately preceding the year in
            which the report is transmitted and an examination of
            the expected trends in those capabilities and programs
            during of this title;
    ---------------------------------------------------------------------------
        \7\ Sec. 1503(a)(1) of the National Defense Authorization Act for
    Fiscal year 1996 (Public Law 104-106; 110 Stat. 510) struck out ``the
    five years covered by the five-year defense program submitted to
    Congress during that year pursuant to section 114(g)'' and inserted in
    lieu thereof ``the period covered by the future-years defense program
    submitted to Congress during that year pursuant to section 221''.
        Previously amended by sec. 1622 of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
    103 Stat. 1604).
    ---------------------------------------------------------------------------
              (C) \8\ include a description of the means by which
            the Department of Defense will maintain the capability
            to reconstitute or expand the defense capabilities and
            programs of the armed forces of the United States on
            short notice to meet a resurgent or increased threat to
            the national security of the United States;
    ---------------------------------------------------------------------------
        \8\ Sec. 341 of the National Defense Authorization Act for Fiscal
    Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) redesignated
    subparas. (C) and (D) as (D) and (E), respectively, and added a new
    subpara. (C).
    ---------------------------------------------------------------------------
              (D) \8\ reflect, in the overall assessment and in the
            strategic and regional assessments, the defense
            capabilities and programs of the armed forces of the
            United States specified in the budget submitted to
            Congress under section 1105 of title 31 in the year in
            which the report is submitted and in the five-year
            defense program submitted in such year; and
              (E) \8\ identify the deficiencies in the defense
            capabilities of the armed forces of the United States
            in such budget and such five-year defense program.
        (3) \5\ The Secretary shall transmit to Congress the report
    required for each year under paragraph (1) at the same time
    that the President submits the budget to Congress under section
    1105 of title 31 in that year. Such report shall be transmitted
    in both classified and unclassified form.
        (j) \9\ (1) Not later than April 8 of each year, the
    Secretary of Defense shall submit to the Committee on Armed
    Services and the Committee on Appropriations of the Senate and
    the Committee on Armed Services and the Committee on
    Appropriations of the \10\ House of Representatives a report on
    the cost of stationing United States forces outside of the
    United States. Each such report shall include a detailed
    statement of the following:
    ---------------------------------------------------------------------------
        \9\ Originally added as subsec. (k) by sec. 1(o)(1) of Public Law
    100-370 (102 Stat. 850); redesignated as subsec. (j) by the National
    Defense Authorization Act of 1991 (Public Law 101-510; 104 Stat. 1671).
        \10\ Sec. 1502(a)(3) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat 502) struck out
    ``Committees on Armed Services and Committees on Appropriations of the
    Senate and'' and inserted in lieu thereof ``Committee on Armed Services
    and the Committee on Appropriations of the Senate and the Committee on
    National Security and the Committee on Appropriations of the''. Sec.
    1067(1) of the National Defense Authorization Act for Fiscal Year 2000
    (Public Law 106-65; 113 Stat. 774) subsequently struck out ``Committee
    on National Security'' and inserted in lieu thereof ``Committee on
    Armed Services''.
    ---------------------------------------------------------------------------
              (A) Costs incurred in the United States and costs
            incurred outside the United States in connection with
            the stationing of United States forces outside the
            United States.
              (B) The costs incurred outside the United States in
            connection with operating, maintaining, and supporting
            United States forces outside the United States,
            including all direct and indirect expenditures of
            United States funds in connection with such stationing.
              (C) The effect of such expenditures outside the
            United States on the balance of payments of the United
            States.
        (2) Each report under this subsection shall be prepared in
    consultation with the Secretary of Commerce.
        (3) In this subsection, the term ``United States'', when
    used in a geographic sense, includes the territories and
    possessions of the United States.
        (k) \11\ The Secretary of Defense, with the advice and
    assistance of the Chairman of the Joint Chiefs of Staff, shall
    provide annually to the Secretaries of the military departments
    and to the commanders of the combatant commands written
    guidelines to direct the effective detection and monitoring of
    all potential aerial and maritime threats to the national
    security of the United States. Those guidelines shall include
    guidance on the specific force levels and specific supporting
    resources to be made available for the period of time for which
    the guidelines are to be in effect.
    ---------------------------------------------------------------------------
        \11\ Originally added as subsec. (l) by sec. 1101 of Public Law
    100-456 (102 Stat. 2042); redesignated as subsec. (k) by the National
    Defense Authorization Act of 1991 (Public Law 101-510; 104 Stat. 1671).
    ---------------------------------------------------------------------------
              * * * * * * *
        (m) \12\ Information To Accompany Funding Request for
    Contingency Operation.--Whenever the President submits to
    Congress a request for appropriations for costs associated with
    a contingency operation that involves, or likely will involve,
    the deployment of more than 500 members of the armed forces,
    the Secretary of Defense shall submit to Congress a report on
    the objectives of the operation. The report shall include a
    discussion of the following:
    ---------------------------------------------------------------------------
        \12\ Added by sec. 1212(b) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2152).
    ---------------------------------------------------------------------------
              (1) What clear and distinct objectives guide the
            activities of United States forces in the operation.
              (2) What the President has identified on the basis of
            those objectives as the date, or the set of conditions,
            that defines the endpoint of the operation.

    Sec. 114.\13\ Annual authorization of appropriations * * *

        (c) \14\ (1) \15\ The size of the Special Defense
    Acquisition Fund established pursuant to chapter 5 of the Arms
    Export Control Act (22 U.S.C. 2795 et seq.) may not exceed
    $1,070,000,000.\16\
    ---------------------------------------------------------------------------
        \13\ Sec. 114 was originally codified at sec. 138 of 10 U.S.C.
    Public Law 99-433 (Department of Defense Reorganization Act of 1986)
    redesignated sec. 138 of 10 U.S.C. as sec. 114 and modified the sec.
    title.
        \14\ Subsec. (c) was originally enacted by sec. 108(b) of the
    International Security and Development Cooperation Act of 1981 (Public
    Law 97-113; 96 Stat. 1519) and codified at subsec. (g) of sec. 138 (now
    114). Public Law 99-433 redesignated subsec. (g) as subsec. (c).
        \15\ Sec. 1481(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1704) added para.
    designation (1) in subsec. (c) and added new para. (2).
        \16\ Earlier limits included program ceilings of $300,000,000 for
    fiscal year 1982; $600,000,000 for fiscal year 1983 and $900,000 for
    fiscal year 1984 and any fiscal year thereafter. Sec. 1403 of the
    Department of Defense Authorization Act, 1986 (Public Law 99-145; 99
    Stat. 743), changed the amount of the program ceiling to
    $1,000,000,000. Sec. 1304(a) of Public Law 99-661 increased the ceiling
    to $1,070,000,000. For the text of chapter 5 of the Arms Export Control
    Act, see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (2) \15\ (2) Notwithstanding section 37(a) of the Arms
    Export Control Act (22 U.S.C. 2777(a)), amounts received by the
    United States pursuant to subparagraph (A) of section 21(a)(1)
    of that Act (22 U.S.C. 2761(a)(1))--
              (A) shall be credited to the Special Defense
            Acquisition Fund established pursuant to chapter 5 of
            that Act (22 U.S.C. 2795 et seq.), as authorized by
            section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)),
            but subject to the limitation in paragraph (1) and
            other applicable law; and
              (B) to the extent not so credited, shall be deposited
            in the Treasury as miscellaneous receipts as provided
            in section 3302(b) of title 31.
              * * * * * * *

                    CHAPTER 3--GENERAL POWERS AND FUNCTIONS

              * * * * * * *

    Sec. 123a.\17\ Suspension of end-strength limitations in time of war or
                        national emergency

        (a) During War or National Emergency.--If at the end of any
    fiscal year there is in effect a war or national emergency, the
    President may waive any statutory end strength with respect to
    that fiscal year. Any such waiver may be issued only for a
    statutory end strength that is prescribed by law before the
    waiver is issued.
    ---------------------------------------------------------------------------
        \17\ Added by sec. 1483(b)(1) of Public Law 101-510 (104 Stat.
    1715). Amended and restated by sec. 421(b) of Public Law 107-107 (115
    Stat. 1076). Previously read as follows:
        ``If at the end of any fiscal year there is in effect a war or
    national emergency, the President may defer the effectiveness of any
    end-strength limitation with respect to that fiscal year prescribed by
    law for any military or civilian component of the armed forces or of
    the Department of Defense. Any such deferral may not extend beyond
    November 30 of the following fiscal year.''.
    ---------------------------------------------------------------------------
        (b) Upon Termination of War or National Emergency.--Upon
    the termination of a war or national emergency with respect to
    which the President has exercised the authority provided by
    subsection (a), the President may defer the effectiveness of
    any statutory end strength with respect to the fiscal year
    during which the termination occurs. Any such deferral may not
    extend beyond the last day of the sixth month beginning after
    the date of such termination.
        (c) Statutory End Strength.--In this section, the term
    ``statutory end strength'' means any end-strength limitation
    with respect to a fiscal year that is prescribed by law for any
    military or civilian component of the armed forces or of the
    Department of Defense.

    Sec. 123b.\18\ Forces stationed abroad: limitation on number

        (a) End-Strength Limitation.--No funds appropriated to the
    Department of Defense may be used to support a strength level
    of members of the armed forces assigned to permanent duty
    ashore in nations outside the United States at the end of any
    fiscal year at a level in excess of 203,000.
    ---------------------------------------------------------------------------
        \18\ Added by 1312(a) of Public Law 103-337 (108 Stat. 2894),
    subsec. (b) of which provided the following:
        ``(b) Effective Date.--Section 123b of title 10, United States
    Code, as added by subsection (a), does not apply with respect to a
    fiscal year before fiscal year 1996.''.
    ---------------------------------------------------------------------------
        (b) Exception for Wartime.--Subsection (a) does not apply
    in the event of a declaration of war or an armed attack on any
    member nation of the North Atlantic Treaty Organization, Japan,
    the Republic of Korea, or any other ally of the United States.
        (c) Presidential Waiver.--The President may waive the
    operation of subsection (a) if the President declares an
    emergency. The President shall immediately notify Congress of
    any such waiver.

    Sec. 124.\19\ Detection and monitoring of aerial and maritime transit
                        of illegal drugs: Department of Defense to be lead
                        agency

        (a) Lead Agency.--(1) \20\ The Department of Defense shall
    serve as the single lead agency of the Federal Government for
    the detection and monitoring of aerial and maritime transit of
    illegal drugs into the United States.
    ---------------------------------------------------------------------------
        \19\ Sec. 1202(a) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) added
    sec. 124.
        See also sec. 1043 of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492).
        \20\ Sec. 1088(b) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1485) added
    para. designation (1) and added new para. (2).
    ---------------------------------------------------------------------------
        (2) \20\ The responsibility conferred by paragraph (1)
    shall be carried out in support of the counter-drug activities
    of Federal, State, local, and foreign law enforcement agencies.
        (b) Performance of Detection and Monitoring Function.--(1)
    To carry out subsection (a), Department of Defense personnel
    may operate equipment of the Department to intercept a vessel
    or an aircraft detected outside the land area of the United
    States for the purposes of--
              (A) identifying and communicating with that vessel or
            aircraft; and
              (B) directing that vessel or aircraft to go to a
            location designated by appropriate civilian officials.
        (2) In cases in which a vessel or an aircraft is detected
    outside the land area of the United States, Department of
    Defense personnel may begin or continue pursuit of that vessel
    or aircraft over the land area of the United States.
        (c) United States Defined.--In this section, the term
    ``United States'' means the land area of the several States and
    any territory, commonwealth, or possession of the United
    States.
              * * * * * * *

    Sec. 127a.\21\ Operations for which funds are not provided in advance:
                        funding mechanisms

        (a) In General.--(1) The Secretary of Defense shall use the
    procedures prescribed by this section with respect to any
    operation specified in paragraph (2) that involves--
    ---------------------------------------------------------------------------
        \21\ Sec. 127a was amended and restated by sec. 1003(a)(1) of the
    National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106; 110 Stat. 415). It was originally added by sec. 1108(a)(1) of
    the National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1751).
    ---------------------------------------------------------------------------
              (A) the deployment (other than for a training
            exercise) of elements of the Armed Forces for a purpose
            other than a purpose for which funds have been
            specifically provided in advance; or
              (B) the provision of humanitarian assistance,
            disaster relief, or support for law enforcement
            (including immigration control) for which funds have
            not been specifically provided in advance.
        (2) This section applies to--
              (A) any operation the incremental cost of which is
            expected to exceed $50,000,000; and
              (B) any other operation the expected incremental cost
            of which, when added to the expected incremental costs
            of other operations that are currently ongoing, is
            expected to result in a cumulative incremental cost of
            ongoing operations of the Department of Defense in
            excess of $100,000,000.
    Any operation the incremental cost of which is expected not to
    exceed $10,000,000 shall be disregarded for the purposes of
    subparagraph (B).
        (3) Whenever an operation to which this section applies is
    commenced or subsequently becomes covered by this section, the
    Secretary of Defense shall designate and identify that
    operation for the purposes of this section and shall promptly
    notify Congress of that designation (and of the identification
    of the operation).
        (4) This section does not provide authority for the
    President or the Secretary of Defense to carry out any
    operation, but establishes mechanisms for the Department of
    Defense by which funds are provided for operations that the
    armed forces are required to carry out under some other
    authority.
        (b) Waiver of Requirement To Reimburse Support Units.--(1)
    The Secretary of Defense shall direct that, when a unit of the
    Armed Forces participating in an operation described in
    subsection (a) receives services from an element of the
    Department of Defense that operates through the Defense
    Business Operations Fund (or a successor fund), such unit of
    the Armed Forces may not be required to reimburse that element
    for the incremental costs incurred by that element in providing
    such services, notwithstanding any other provision of law or
    any Government accounting practice.
        (2) The amounts which but for paragraph (1) would be
    required to be reimbursed to an element of the Department of
    Defense (or a fund) shall be recorded as an expense
    attributable to the operation and shall be accounted for
    separately.
        (c) Transfer Authority.--(1) Whenever there is an operation
    of the Department of Defense described in subsection (a), the
    Secretary of Defense may transfer amounts described in
    paragraph (3) to accounts from which incremental expenses for
    that operation were incurred in order to reimburse those
    accounts for those incremental expenses. Amounts so transferred
    shall be merged with and be available for the same purposes as
    the accounts to which transferred.
        (2) The total amount that the Secretary of Defense may
    transfer under the authority of this section in any fiscal year
    is $200,000,000.
        (3) Transfers under this subsection may only be made from
    amounts appropriated to the Department of Defense for any
    fiscal year that remain available for obligation, other than
    amounts within any operation and maintenance appropriation that
    are available for (A) an account (known as a budget activity 1
    account) that is specified as being for operating forces, or
    (B) an account (known as a budget activity 2 account) that is
    specified as being for mobilization.
        (4) The authority provided by this subsection is in
    addition to any other authority provided by law authorizing the
    transfer of amounts available to the Department of Defense.
    However, the Secretary may not use any such authority under
    another provision of law for a purpose described in paragraph
    (1) if there is authority available under this subsection for
    that purpose.
        (5) The authority provided by this subsection to transfer
    amounts may not be used to provide authority for an activity
    that has been denied authorization by Congress.
        (6) A transfer made from one account to another under the
    authority of this subsection shall be deemed to increase the
    amount authorized for the account to which the amount is
    transferred by an amount equal to the amount transferred.
        (d) \22\ * * *
    ---------------------------------------------------------------------------
        \22\ Sec. 1031(a)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1596) struck out
    subsec. (d), which had required the Secretary of Defense to report to
    Congress with 45 days of his determining that an operation met the
    parameters stated in subsec. (a)(2).
    ---------------------------------------------------------------------------
        (e) Limitations.--(1) The Secretary may not restore
    balances in the Defense Business Operations Fund through
    increases in rates charged by that fund in order to compensate
    for costs incurred and not reimbursed due to subsection (b).
        (2) The Secretary may not restore balances in the Defense
    Business Operations Fund or any other fund or account through
    the use of unobligated amounts in an operation and maintenance
    appropriation that are available within that appropriation for
    (A) an account (known as a budget activity 1 account) that is
    specified as being for operating forces, or (B) an account
    (known as a budget activity 2 account) that is specified as
    being for mobilization.
        (f) Submission of Requests for Supplemental
    Appropriations.--It is the sense of Congress that whenever
    there is an operation described in subsection (a), the
    President should, not later than 90 days after the date on
    which notification is provided pursuant to subsection (a)(3),
    submit to Congress a request for the enactment of supplemental
    appropriations for the then-current fiscal year in order to
    provide funds to replenish the Defense Business Operations Fund
    or any other fund or account of the Department of Defense from
    which funds for the incremental expenses of that operation were
    derived under this section and should, as necessary, submit
    subsequent requests for the enactment of such appropriations.
        (g) Incremental Costs.--For purposes of this section,
    incremental costs of the Department of Defense with respect to
    an operation are the costs of the Department that are directly
    attributable to the operation (and would not have been incurred
    but for the operation). Incremental costs do not include the
    cost of property or services acquired by the Department that
    are paid for by a source outside the Department or out of funds
    contributed by such a source.
        (h) Relationship to War Powers Resolution.--This section
    may not be construed as altering or superseding the War Powers
    Resolution. This section does not provide authority to conduct
    any military operation.
        (i) GAO Compliance Reviews.--The Comptroller General of the
    United States shall from time to time, and when requested by a
    committee of Congress, conduct a review of the defense funding
    structure under this section to determine whether the
    Department of Defense is complying with the requirements and
    limitations of this section.

    Sec. 127b.\23\ Assistance in combating terrorism: rewards

        (a) Authority.--The Secretary of Defense may pay a monetary
    amount, or provide a payment-in-kind, to a person as a reward
    for providing United States Government personnel with
    information or nonlethal assistance that is beneficial to--
    ---------------------------------------------------------------------------
        \23\ Sec. 1065(a) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2655) added
    sec. 127b.
    ---------------------------------------------------------------------------
              (1) an operation or activity of the armed forces
            conducted outside the United States against
            international terrorism; or
              (2) force protection of the armed forces.
        (b) Limitation.--The amount or value of a reward provided
    under this section may not exceed $200,000.
        (c) Delegation of Authority.--(1) The authority of the
    Secretary of Defense under subsection (a) may be delegated
    only--
              (A) to the Deputy Secretary of Defense and an Under
            Secretary of Defense, without further redelegation; and
              (B) to the commander of a combatant command, but only
            for a reward in an amount or with a value not in excess
            of $50,000.
        (2) A commander of a combatant command to whom authority to
    provide rewards under this section is delegated under paragraph
    (1) may further delegate that authority, but only for a reward
    in an amount or with a value not in excess of $2,500, except
    that such a delegation may be made to the commander's deputy
    commander without regard to such limitation.
        (d) Coordination.--(1) The Secretary of Defense shall
    prescribe policies and procedures for the offering and making
    of rewards under this section and otherwise for administering
    the authority under this section. Such policies \24\ and
    procedures shall be prescribed in consultation with the
    Secretary of State and the Attorney General and shall ensure
    that the making of a reward under this section does not
    duplicate or interfere with the payment of a reward authorized
    by the Secretary of State or the Attorney General.
    ---------------------------------------------------------------------------
        \24\ Sec. 1056(c)(2) of Public Law 109-163 (119 Stat. 3439) struck
    out ``polices'' and inserted in lieu thereof ``policies''.
    ---------------------------------------------------------------------------
        (2) The Secretary of Defense shall consult with the
    Secretary of State regarding the making of any reward under
    this section in an amount or with a value in excess of
    $100,000.
        (e) Persons Not Eligible.--The following persons are not
    eligible to receive a reward under this section:
              (1) A citizen of the United States.
              (2) An officer or employee of the United States.
              (3) An employee of a contractor of the United States.
        (f) Annual Report.--(1) Not later than December 1 of each
    year, the Secretary of Defense shall submit to the Committees
    on Armed Services of the Senate and the House of
    Representatives a report on the administration of the rewards
    program under this section during the preceding fiscal year.
        (2) Each report for a fiscal year under this subsection
    shall include the following:
              (A) Information on the total amount expended during
            that fiscal year to carry out the rewards program under
            this section during that fiscal year.
              (B) Specification of the amount, if any, expended
            during that fiscal year to publicize the availability
            of rewards under this section.
              (C) With respect to each reward provided during that
            fiscal year--
                      (i) the amount or value of the reward and
                    whether the reward was provided as a monetary
                    payment or in some other form;
                      (ii) the recipient of the reward; and
                      (iii) a description of the information or
                    assistance for which the reward was paid,
                    together with an assessment of the significance
                    and benefit of the information or assistance.
        (3) The Secretary may submit the report in classified form
    if the Secretary determines that it is necessary to do so.
        (g) Determinations by the Secretary.--A determination by
    the Secretary under this section is final and conclusive and is
    not subject to judicial review.

    Sec. 127c.\25\ Purchase of weapons overseas: force protection

        (a) Authority.--When elements of the armed forces are
    engaged in ongoing military operations in a country, the
    Secretary of Defense may, for the purpose of protecting United
    States forces in that country, purchase weapons from any
    foreign person, foreign government, international organization,
    or other entity located in that country.
    ---------------------------------------------------------------------------
        \25\ Sec. 1231(a) of Public Law 109-163 (119 Stat. 3467) added sec.
    127c.
    ---------------------------------------------------------------------------
        (b) Limitation.--The total amount expended during any
    fiscal year for purchases under this section may not exceed
    $15,000,000.
        (c) Semiannual Congressional Report.--In any case in which
    the authority provided in subsection (a) is used during the
    period of the first six months of a fiscal year, or during the
    period of the second six months of a fiscal year, the Secretary
    of Defense shall submit to the Committee on Armed Services of
    the Senate and Committee on Armed Services of the House of
    Representatives a report on the use of that authority during
    that six-month period. Each such report shall be submitted not
    later than 30 days after the end of the six-month period during
    which the authority is used. Each such report shall include the
    following:
              (1) The number and type of weapons purchased under
            subsection (a) during that six-month period covered by
            the report, together with the amount spent for those
            weapons and the Secretary's estimate of the fair market
            value of those weapons.
              (2) A description of the dispositions (if any) during
            that six-month period of weapons purchased under
            subsection (a).
              * * * * * * *

                         CHAPTER 6--COMBATANT COMMANDS

              * * * * * * *

    Sec. 168.\26\ Military-to-military contacts and comparable activities

        (a) Program Authority.--The Secretary of Defense may
    conduct military-to-military contacts and comparable activities
    that are designed to encourage a democratic orientation of
    defense establishments and military forces of other countries.
    ---------------------------------------------------------------------------
        \26\ Added by sec. 1316(a) of the National Defense Authorization
    Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2898). See also
    sec. 1082 of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201; 110 Stat. 2672; 10 U.S.C. 168 note).
    ---------------------------------------------------------------------------
        (b) Administration.--The Secretary may provide funds
    appropriated for carrying out subsection (a) to the following
    officials for use as provided in subsection (c):
              (1) The commander of a combatant command, upon the
            request of the commander.
              (2) An officer designated by the Chairman of the
            Joint Chiefs of Staff, with respect to an area or areas
            not under the area of responsibility of a commander of
            a combatant command.
              (3) The head of any Department of Defense component.
        (c) Authorized Activities.--An official provided funds
    under subsection (b) may use those funds for the following
    activities and expenses:
              (1) The activities of traveling contact teams,
            including any transportation expense, translation
            services expense, or administrative expense that is
            related to such activities.
              (2) The activities of military liaison teams.
              (3) Exchanges of civilian or military personnel
            between the Department of Defense and defense
            ministries of foreign governments.
              (4) Exchanges of military personnel between units of
            the armed forces and units of foreign armed forces.
              (5) Seminars and conferences held primarily in a
            theater of operations.
              (6) Distribution of publications primarily in a
            theater of operations.
              (7) Personnel expenses for Department of Defense
            civilian and military personnel to the extent that
            those expenses relate to participation in an activity
            described in paragraph (3), (4), (5), or (6).
              (8) Reimbursement of military personnel
            appropriations accounts for the pay and allowances paid
            to reserve component personnel for service while
            engaged in any activity referred to in another
            paragraph of this subsection.
        (d) Relationship to Other Funding.--Any amount provided
    during any fiscal year to an official under subsection (b) for
    an activity or expense referred to in subsection (c) shall be
    in addition to amounts otherwise available for those activities
    and expenses for that fiscal year.
      (e) Limitations.--(1) Funds may not be provided under this
    section for a fiscal year for any activity for which--
              (A) funding was proposed in the budget submitted to
            Congress for that fiscal year pursuant to section
            1105(a) of title 31; and
              (B) Congress did not authorize appropriations.
      (2) An activity may not be conducted under this section with
    a foreign country unless the Secretary of State approves the
    conduct of such activity in that foreign country.
        (3) Funds may not be provided under this section for a
    fiscal year for any country that is not eligible in that fiscal
    year for assistance under chapter 5 of part II of the Foreign
    Assistance Act of 1961.
        (4) Except for those activities specifically authorized
    under subsection (c), funds may not be used under this section
    for the provision of defense articles or defense services to
    any country or for assistance under chapter 5 of part II of the
    Foreign Assistance Act of 1961.
        (f) \27\  Active Duty End Strengths.--A member of a reserve
    component who is engaged in activities authorized under this
    section shall not be counted for purposes of the following
    personnel strength limitations:
    ---------------------------------------------------------------------------
        \27\ Sec. 416 of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 289) redesignated subsec. (f)
    as subsec. (g) and added a new subsec. (f). Sec. 416(e) of the Ronald
    W. Reagan National Defense Authorization Act for Fiscal Year 2005
    (Public Law 108-375; 118 Stat. 1868) amended and restated subsec. (f).
    ---------------------------------------------------------------------------
              (1) The end strength for active-duty personnel
            authorized pursuant to section 115(a)(1) of this title
            for the fiscal year in which the member carries out the
            activities referred to under this section.
              (2) The authorized daily average for members in pay
            grades E-8 and E-9 under section 517 of this title for
            the calendar year in which the member carries out such
            activities.
              (3) The authorized strengths for commissioned
            officers under section 523 of this title for the fiscal
            year in which the member carries out such activities.
        (g) \27\ Military-to-Military Contacts Defined.--In this
    section, the term ``military-to-military contacts'' means
    contacts between members of the armed forces and members of
    foreign armed forces through activities described in subsection
    (c).
              * * * * * * *

                  CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES

              * * * * * * *

    Sec. 182.\28\ Center for Excellence in Disaster Management and
                        Humanitarian Assistance

        (a) Establishment.--The Secretary of Defense may operate a
    Center for Excellence in Disaster Management and Humanitarian
    Assistance (in this section referred to as the ``Center'').
    ---------------------------------------------------------------------------
        \28\ Added by sec. 382(a) of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1709).
        Sec. 8093 of the Department of Defense Appropriations Act, 2003
    (Public Law 107-248; 116 Stat. 1558), provided the following:
        ``Sec. 8093. During the current fiscal year and hereafter, under
    regulations prescribed by the Secretary of Defense, the Center of
    Excellence for Disaster Management and Humanitarian Assistance may also
    pay, or authorize payment for, the expenses of providing or
    facilitating education and training for appropriate military and
    civilian personnel of foreign countries in disaster management, peace
    operations, and humanitarian assistance.''.
    ---------------------------------------------------------------------------
        (b) Missions.--(1) The Center shall be used to provide and
    facilitate education, training, and research in civil-military
    operations, particularly operations that require international
    disaster management and humanitarian assistance and operations
    that require coordination between the Department of Defense and
    other agencies.
        (2) The Center shall be used to make available high-quality
    disaster management and humanitarian assistance in response to
    disasters.
        (3) The Center shall be used to provide and facilitate
    education, training, interagency coordination, and research on
    the following additional matters:
              (A) Management of the consequences of nuclear,
            biological, and chemical events.
              (B) Management of the consequences of terrorism.
              (C) Appropriate roles for the reserve components in
            the management of such consequences and in disaster
            management and humanitarian assistance in response to
            natural disasters.
              (D) Meeting requirements for information in
            connection with regional and global disasters,
            including the use of advanced communications technology
            as a virtual library.
              (E) Tropical medicine, particularly in relation to
            the medical readiness requirements of the Department of
            Defense.
        (4) The Center shall develop a repository of disaster risk
    indicators for the Asia-Pacific region.
        (5) The Center shall perform such other missions as the
    Secretary of Defense may specify.
        (c) Joint Operation With Educational Institution
    Authorized.--The Secretary of Defense may enter into an
    agreement with appropriate officials of an institution of
    higher education to provide for joint operation of the Center.
    Any such agreement shall provide for the institution to furnish
    necessary administrative services for the Center, including
    administration and allocation of funds.
        (d) Acceptance of Donations.--(1) Except as provided in
    paragraph (2), the Secretary of Defense may accept, on behalf
    of the Center, donations to be used to defray the costs of the
    Center or to enhance the operation of the Center. Such
    donations may be accepted from any agency of the Federal
    Government, any State or local government, any foreign
    government, any foundation or other charitable organization
    (including any that is organized or operates under the laws of
    a foreign country), or any other private source in the United
    States or a foreign country.
        (2) The Secretary may not accept a donation under paragraph
    (1) if the acceptance of the donation would compromise or
    appear to compromise--
              (A) the ability of the Department of Defense, any
            employee of the Department, or members of the armed
            forces, to carry out any responsibility or duty of the
            Department in a fair and objective manner; or
              (B) the integrity of any program of the Department of
            Defense or of any person involved in such a program.
        (3) The Secretary shall prescribe written guidance setting
    forth the criteria to be used in determining whether or not the
    acceptance of a foreign donation would have a result described
    in paragraph (2).
        (4) Funds accepted by the Secretary under paragraph (1) as
    a donation on behalf of the Center shall be credited to
    appropriations available to the Department of Defense for the
    Center. Funds so credited shall be merged with the
    appropriations to which credited and shall be available for the
    Center for the same purposes and the same period as the
    appropriations with which merged.
              * * * * * * *

                       CHAPTER 9--DEFENSE BUDGET MATTERS

              * * * * * * *

    Sec. 223.\29\ Ballistic missile defense programs: program elements

        (a) \30\ Program Elements Specified by President.--In the
    budget justification materials submitted to Congress in support
    of the Department of Defense budget for any fiscal year (as
    submitted with the budget of the President under section
    1105(a) of title 31), the amount requested for activities of
    the Missile Defense Agency \31\ shall be set forth in
    accordance with such program elements as the President may
    specify. \32\
    ---------------------------------------------------------------------------
        \29\ Codified by sec. 235 of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1953).
        \30\ Sec. 221(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1419) inserted ``by
    President'' in the subsection catchline.
        \31\ Sec. 225(b)(1)(A) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2486), struck out ``Ballistic Missile Defense Organization'' and
    inserted in lieu thereof ``Missile Defense Agency''.
        \32\ Sec. 221(a)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1419) struck out
    ``program elements governing functional areas as follows:'' and
    inserted in lieu thereof ``such program elements as the President may
    specify.''. Sec. 221(a)(3) of that Act struck out paras. (1) through
    (6), which had referred to: (1) Technology; (2) Ballistic Missile
    Defense System; (3) Terminal Defense Segment; (4) Midcourse Defense
    Segment; (5) Boost Defense Segment; and (6) Sensors Segment.
        Previously, sec. 232(a)(1) of Public Law 107-107 (115 Stat. 1037)
    struck out ``in accordance with the following program elements:'' and
    inserted in lieu thereof ``in accordance with program elements
    governing functional areas as follows:''. Sec. 232(a)(2) of that Act
    struck out paras. (1) through (12) that followed, and inserted in lieu
    thereof paras. (1) through (6). Former paras. (1) through (12) referred
    to: (1) the Patriot system; (2) Navy Area system; (3) Theater High-
    Altitude Area Defense system; (4) Navy Theater Wide system; (5) Medium
    Extended Air Defense System; (6) Joint Theater Missile Defense; (7)
    National Missile Defense; (8) Support Technologies; (9) Family of
    Systems Engineering and Integration; (10) Ballistic Missile Defense
    Technical Operations; (11) Threat and Countermeasures; and (12)
    International Cooperative Programs.
    ---------------------------------------------------------------------------
        (b) \33\ Separate Program Elements for Programs Entering
    Engineering and Manufacturing Development.--(1) The Secretary
    of Defense shall ensure that each ballistic missile defense
    program that enters engineering and manufacturing development
    is assigned a separate, dedicated program element.
    ---------------------------------------------------------------------------
        \33\ Sec. 232(b) of Public Law 107-107 (115 Stat. 1037) amended and
    restated subsec. (b). It formerly read as follows:
        ``(b) Treatment of Major Defense Acquisition Programs.--Amounts
    requested for Theater Missile Defense and National Missile Defense
    major defense acquisition programs shall be specified in individual,
    dedicated program elements, and amounts appropriated for those programs
    shall be available only for Ballistic Missile Defense activities.''.
    ---------------------------------------------------------------------------
        (2) In this subsection, the term ``engineering and
    manufacturing development'' means the period in the course of
    an acquisition program during which the \34\ primary objectives
    are to--
    ---------------------------------------------------------------------------
        \34\ Sec. 221(c)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1419) struck out
    ``means the development phase whose'' and inserted in lieu thereof
    ``means the period in the course of an acquisition program during which
    the''.
    ---------------------------------------------------------------------------
              (A) translate the most promising design approach into
            a stable, interoperable, producible, supportable, and
            cost-effective design;
              (B) validate the manufacturing or production process;
            and
              (C) demonstrate system capabilities through testing.
        (c) Management and Support.--The amount requested for a
    fiscal year for any program element specified for that fiscal
    year pursuant to subsec. (a) \35\ shall include requests for
    the amounts necessary for the management and support of the
    programs, projects, and activities contained in that program
    element.
    ---------------------------------------------------------------------------
        \35\ Sec. 221(b) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1419) struck out ``for
    each program element specified in subsection (a)'' and inserted in lieu
    thereof ``for a fiscal year for any program element specified for that
    fiscal year pursuant to subsec. (a)''.
    ---------------------------------------------------------------------------
              * * * * * * *

    Sec. 229.\36\ Programs for combating terrorism: display of budget
                        information

        (a) Submission With Annual Budget Justification
    Documents.--The Secretary of Defense shall submit to Congress,
    as a part of the documentation that supports the President's
    annual budget for the Department of Defense, a consolidated
    budget justification display, in classified and unclassified
    form, that includes all programs and activities of the
    Department of Defense combating terrorism program.
    ---------------------------------------------------------------------------
        \36\ Added by sec. 932(b)(1) of the National Defense Authorization
    Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 727).
    ---------------------------------------------------------------------------
        (b) Requirements for Budget Display.--The budget display
    under subsection (a) shall include--
              (1) the amount requested, by appropriation and
            functional area, for each of the program elements,
            projects, and initiatives that support the Department
            of Defense combating terrorism program, with supporting
            narrative descriptions and rationale for the funding
            levels requested; and
              (2) a summary, to the program element and project
            level of detail, of estimated expenditures for the
            current year, funds requested for the budget year, and
            budget estimates through the completion of the current
            future-years defense plan for the Department of Defense
            combating terrorism program.
        (c) Explanation of Inconsistencies.--As part of the budget
    display under subsection (a) for any fiscal year, the Secretary
    shall identify and explain--
              (1) any inconsistencies between (A) the information
            submitted under subsection (b) for that fiscal year,
            and (B) the information provided to the Director of the
            Office of Management and Budget in support of the
            annual report of the President to Congress on funding
            for executive branch counterterrorism and antiterrorism
            programs and activities for that fiscal year in
            accordance with section 1051(b) of the National Defense
            Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113
            note); and
              (2) any inconsistencies between (A) the execution,
            during the previous fiscal year and the current fiscal
            year, of programs and activities of the Department of
            Defense combating terrorism program, and (B) the
            funding and specification for such programs and
            activities for those fiscal years in the manner
            provided by Congress (both in statutes and in relevant
            legislative history).
        (d) Semiannual Reports on Obligations and Expenditures.--
    The Secretary shall submit to the congressional defense
    committees a semiannual report on the obligation and
    expenditure of funds for the Department of Defense combating
    terrorism program. Such reports shall be submitted not later
    than April 15 each year, with respect to the first half of a
    fiscal year, and not later than November 15 each year, with
    respect to the second half of a fiscal year. Each such report
    shall compare the amounts of those obligations and expenditures
    to the amounts authorized and appropriated for the Department
    of Defense combating terrorism program for that fiscal year, by
    budget activity, sub-budget activity, and program element or
    line item. The second report for a fiscal year shall show such
    information for the second half of the fiscal year and
    cumulatively for the whole fiscal year. The report shall be
    submitted in unclassified form, but may have a classified
    annex.
        (e) Department of Defense Combating Terrorism Program.--In
    this section, the term ``Department of Defense combating
    terrorism program'' means the programs, projects, and
    activities of the Department of Defense related to combating
    terrorism inside and outside the United States.
        (f) \37\ * * *
    ---------------------------------------------------------------------------
        \37\ Sec. 1043(a) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1610) amended sec.
    101(a) of 10 U.S.C. to define ``congressional defense committees'' as
    the Committee on Armed Services and the Committee on Appropriations of
    the Senate, and the Committee on Armed Services and Committees on
    Appropriations of the House of Representatives. Sec. 1043(b)(6) of that
    Act struck out subsec. (f) of this section, which defined congressional
    defense committees as those four committees.
    ---------------------------------------------------------------------------
              * * * * * * *

       CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES

              * * * * * * *

    Sec. 371.\38\ Use of information collected during military operations

        (a) The Secretary of Defense may, in accordance with other
    applicable law, provide to Federal, State, or local civilian
    law enforcement officials any information collected during the
    normal course of military training or operations that may be
    relevant to a violation of any Federal or State law within the
    jurisdiction of such officials.
    ---------------------------------------------------------------------------
        \38\ Sec. 1104 of Public Law 100-456 (102 Stat. 2042) substantially
    revised Chapter 8--Military Support for Civilian Law Enforcement
    Agencies. Secs. 371 through 380 were enacted by this sec. 1104.
    ---------------------------------------------------------------------------
        (b) The needs of civilian law enforcement officials for
    information shall, to the maximum extent practicable, be taken
    into account in the planning and execution of military training
    or operations.
        (c) The Secretary of Defense shall ensure, to the extent
    consistent with national security, that intelligence
    information held by the Department of Defense and relevant to
    drug interdiction or other civilian law enforcement matters is
    provided promptly to appropriate civilian law enforcement
    officials.

    Sec. 372.\38\ Use of military equipment and facilities

        (a) \39\ In General.--The Secretary of Defense may, in
    accordance with other applicable law, make available any
    equipment (including associated supplies or spare parts), base
    facility, or research facility of the Department of Defense to
    any Federal, State, or local civilian law enforcement official
    for law enforcement purposes.
    ---------------------------------------------------------------------------
        \39\ Sec. 378 of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 284) added ``(a) In General.--
    '' and added subsec. (b).
    ---------------------------------------------------------------------------
        (b) \39\ Emergencies Involving Chemical and Biological
    Agents.--(1) In addition to equipment and facilities described
    in subsection (a), the Secretary may provide an item referred
    to in paragraph (2) to a Federal, State, or local law
    enforcement or emergency response agency to prepare for or
    respond to an emergency involving chemical or biological agents
    if the Secretary determines that the item is not reasonably
    available from another source. The requirement for a
    determination that an item is not reasonably available from
    another source does not apply to assistance provided under
    section 382 of this title pursuant to a request of the Attorney
    General for the assistance.\40\
    ---------------------------------------------------------------------------
        \40\ Sec. 1416(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2723) added the last
    sentence to subsec. (b)(1).
    ---------------------------------------------------------------------------
        (2) An item referred to in paragraph (1) is any material or
    expertise of the Department of Defense appropriate for use in
    preparing for or responding to an emergency involving chemical
    or biological agents, including the following:
              (A) Training facilities.
              (B) Sensors.
              (C) Protective clothing.
              (D) Antidotes.

    Sec. 373.\38\ Training and advising civilian law enforcement officials

        The Secretary of Defense may, in accordance with other
    applicable law, make Department of Defense personnel
    available--
              (1) to train Federal, State, and local civilian law
            enforcement officials in the operation and maintenance
            of equipment, including equipment made available under
            section 372 of this title; and
              (2) to provide such law enforcement officials with
            expert advice relevant to the purposes of this chapter.

    Sec. 374.\38\, \41\ Maintenance and operation of equipment

        (a) The Secretary of Defense may, in accordance with other
    applicable law, make Department of Defense personnel available
    for the maintenance of equipment for Federal, State, and local
    civilian law enforcement officials, including equipment made
    available under section 372 of this title.
    ---------------------------------------------------------------------------
        \41\ Sec. 8057(a) of Public Law 108-287 (118 Stat. 983; 10 U.S.C.
    374 note) provided the following:
        ``Sec. 8057. (a) None of the funds available to the Department of
    Defense for any fiscal year for drug interdiction or counterdrug
    activities may be transferred to any other department or agency of the
    United States except as specifically provided in an appropriations
    law.''.
    ---------------------------------------------------------------------------
        (b)(1) Subject to paragraph (2) and in accordance with
    other applicable law, the Secretary of Defense may, upon
    request from the head of a Federal law enforcement agency, make
    Department of Defense personnel available to operate equipment
    (including equipment made available under section 372 of this
    title) with respect to--
              (A) a criminal violation of a provision of law
            specified in paragraph (4)(A); \42\
    ---------------------------------------------------------------------------
        \42\ Sec. 201 of the Emergency Supplemental Appropriations
    (division B of Public Law 105-277; 112 Stat. 2681-567) struck out
    ``or'' at the end of subpara. (A); replaced a period at the end of
    subpara. (B) with ``; or''; and added new subparas. (C) and (D).
    ---------------------------------------------------------------------------
              (B) assistance that such agency is authorized to
            furnish to a State, local, or foreign government which
            is involved in the enforcement of similar laws; or
              (C) \43\ a foreign or domestic counter-terrorism
            operation; or
    ---------------------------------------------------------------------------
        \43\ Sec. 1066(a)(4)(A) of Public Law 106-65 (113 Stat. 770)
    amended the indentation of subparas. (C) and (D) to correspond with
    subparas. (A) and (B).
    ---------------------------------------------------------------------------
              (D) a rendition of a suspected terrorist from a
            foreign country to the United States to stand trial.
        (2) Department of Defense personnel made available to a
    civilian law enforcement agency under this subsection may
    operate equipment for the following purposes:
              (A) Detection, monitoring, and communication of the
            movement of air and sea traffic.
              (B) \44\ Detection, monitoring, and communication of
            the movement of surface traffic outside of the
            geographic boundary of the United States and within the
            United States not to exceed 25 miles of the boundary if
            the initial detection occurred outside of the boundary.
    ---------------------------------------------------------------------------
        \44\ Sec. 1042(1) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492) redesignated
    subparas. (B) through (E) as (C) through (F) and added a new subpara.
    (B).
    ---------------------------------------------------------------------------
              (C) \44\ Aerial reconnaissance.
              (D) \44\ Interception of vessels or aircraft detected
            outside the land area of the United States for the
            purposes of communicating with such vessels and
            aircraft to direct such vessels and aircraft to go to a
            location designated by appropriate civilian officials.
              (E) \44\ Operation of equipment to facilitate
            communications in connection with law enforcement
            programs specified in paragraph (4)(A).
              (F) \44\ Subject to joint approval by the Secretary
            of Defense \45\ and the Attorney General (and the
            Secretary of State in the case of a law enforcement
            operation outside of the land area of the United
            States)--
    ---------------------------------------------------------------------------
        \45\ Sec. 1210 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1566) inserted text
    from this point to close parentheses, in lieu of ``, the Attorney
    General, and the Secretary of State, in connection with a law
    enforcement operation outside the land area of the United States''.
    ---------------------------------------------------------------------------
                      (i) the transportation of civilian law
                    enforcement personnel along with any other
                    civilian or military personnel who are
                    supporting, or conducting, a joint operation
                    with civilian law enforcement personnel; \46\
    ---------------------------------------------------------------------------
        \46\ Sec. 201(3) of the Emergency Supplemental Appropriations
    (division B of Public Law 105-277; 112 Stat. 2681-567) inserted ``along
    with any other civilian or military personnel who are supporting, or
    conducting, a joint operation with civilian law enforcement
    personnel;'' after ``the transportation of civilian law enforcement
    personnel''; and struck out ``and'' at the end of the clause. Sec.
    1066(a)(4)(B) of Public Law 106-65 (113 Stat. 770) struck out a second
    semicolon at the end of clause (i).
    ---------------------------------------------------------------------------
                      (ii) the operation of a base of operations
                    for civilian law enforcement and supporting
                    personnel; and \47\
    ---------------------------------------------------------------------------
        \47\ Sec. 201(4) of the Emergency Supplemental Appropriations
    (division B of Public Law 105-277; 112 Stat. 2681-567) inserted ``and
    supporting'' after ``civilian law enforcement''; replaced a period at
    the end of the clause with ``; and''; and added a new clause designated
    as ``(iii)''.
    ---------------------------------------------------------------------------
                      (iii) \47\ the transportation of suspected
                    terrorists from foreign countries to the United
                    States for trial (so long as the requesting
                    Federal law enforcement agency provides all
                    security for such transportation and maintains
                    custody over the suspect through the duration
                    of the transportation).
        (3) Department of Defense personnel made available to
    operate equipment for the purpose stated in paragraph (2)(D)
    \48\ may continue to operate such equipment into the land area
    of the United States in cases involving the pursuit of vessels
    or aircraft where the detection began outside such land area.
    ---------------------------------------------------------------------------
        \48\ Sec. 1042(2) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2492) struck
    ``paragraph (2)(C)'' and inserted in lieu thereof ``paragraph (2)(D)''
    to conform with amendments in para. (2).
    ---------------------------------------------------------------------------
        (4) In this subsection:
              (A) The term ``Federal law enforcement agency'' means
            a Federal \49\ agency with jurisdiction to enforce any
            of the following:
    ---------------------------------------------------------------------------
        \49\ Sec. 201(5) of the Emergency Supplemental Appropriations
    (division B of Public Law 105-277; 112 Stat. 2681-567) struck out
    ``an'' and inserted in lieu thereof ``a Federal''.
    ---------------------------------------------------------------------------
                      (i) The Controlled Substances Act (21 U.S.C.
                    801 et seq.) or the Controlled Substances
                    Import and Export Act (21 U.S.C. 951 et seq.).
                      (ii) Any of sections 274 through 278 of the
                    Immigration and Nationality Act (8 U.S.C. 1324-
                    1328).
                      (iii) A law relating to the arrival or
                    departure of merchandise (as defined in section
                    401 of the Tariff Act of 1930 (19 U.S.C. 1401)
                    into or out of the customs territory of the
                    United States (as defined in general note 2 of
                    the Harmonized Tariff Schedule of the United
                    States) \50\ or any other territory or
                    possession of the United States.
    ---------------------------------------------------------------------------
        \50\ Sec. 1216(b) of Public Law 101-189 (103 Stat. 1569) made
    technical corrections to the parenthetical text. It formerly referred
    to the ``general headnote 2 of the Tariff Schedules of the United
    States''.
    ---------------------------------------------------------------------------
                      (iv) The Maritime Drug Law Enforcement Act
                    (46 U.S.C. App. 1901 et seq.).
                      (v) \51\ Any law, foreign or domestic,
                    prohibiting terrorist activities.
    ---------------------------------------------------------------------------
        \51\ Sec. 201(6) of the Emergency Supplemental Appropriations
    (division B of Public Law 105-277; 112 Stat. 2681-567) added clause
    (v).
    ---------------------------------------------------------------------------
              (B) The term ``land area of the United States''
            includes the land area of any territory, commonwealth,
            or possession of the United States.
        (c) The Secretary of Defense may, in accordance with other
    applicable law, make Department of Defense personnel available
    to any Federal, State, or local civilian law enforcement agency
    to operate equipment for purposes other than described in
    subsec. (b)(2) \52\ only to the extent that such support does
    not involve direct participation by such personnel in a
    civilian law enforcement operation unless such direct
    participation is otherwise authorized by law.
    ---------------------------------------------------------------------------
        \52\ Sec. 1216(c) of Public Law 101-189 (103 Stat. 1569) made
    technical corrections here. Formerly referred to ``paragraph (2)''.
    ---------------------------------------------------------------------------

    Sec. 375.\38\ Restriction on direct participation by military personnel

        The Secretary of Defense shall prescribe such regulations
    as may be necessary to ensure that any activity \53\ (including
    the provision of any equipment or facility or the assignment or
    detail of any personnel) \54\ under this chapter does not
    include or permit direct participation by a member of the Army,
    Navy, Air Force, or Marine Corps in a search, seizure,
    arrest,\55\ or other similar activity unless participation in
    such activity by such member is otherwise authorized by law.
    ---------------------------------------------------------------------------
        \53\ Sec. 1211(1) of Public Law 101-189 (103 Stat. 1567) inserted
    ``any activity'' in lieu of ``the provision of any support''.
        \54\ Sec. 1211(2) of Public Law 101-189 (103 Stat. 1567) struck out
    ``to any civilian law enforcement official'' at this point.
        \55\ Sec. 1211(3) of Public Law 101-189 (103 Stat. 1567) inserted
    ``a search, seizure, arrest,'' in lieu of ``a search and seizure, an
    arrest,''.
    ---------------------------------------------------------------------------

    Sec. 376.\38\ Support not to affect adversely military preparedness

        Support (including the provision of any equipment or
    facility or the assignment or detail of any personnel) may not
    be provided to any civilian law enforcement official under this
    chapter if the provision of such support will adversely affect
    the military preparedness of the United States. The Secretary
    of Defense shall prescribe such regulations as may be necessary
    to ensure that the provision of any such support does not
    adversely affect the military preparedness of the United
    States.

    Sec. 377.\38\ Reimbursement

        (a) To the extent otherwise required by section 1535 of
    title 31 (popularly known as the `Economy Act') or other
    applicable law, the Secretary of Defense shall require a
    civilian law enforcement agency to which support is provided
    under this chapter to reimburse the Department of Defense for
    that support.
        (b) An agency to which support is provided under this
    chapter is not required to reimburse the Department of Defense
    for such support if such support--
              (1) is provided in the normal course of military
            training or operations; or
              (2) results in a benefit to the element of the
            Department of Defense providing the support that is
            substantially equivalent to that which would otherwise
            be obtained from military operations or training.

    Sec. 378.\38\ Nonpreemption of other law

        Nothing in this chapter shall be construed to limit the
    authority of the executive branch in the use of military
    personnel or equipment for civilian law enforcement purposes
    beyond that provided by law before December 1, 1981.

    Sec. 379.\38\ Assignment of Coast Guard personnel to naval vessels for
                        law enforcement purposes

        (a) The Secretary of Defense and the Secretary of Homeland
    Security \56\ shall provide that there be assigned on board
    every appropriate surface naval vessel at sea in a drug-
    interdiction area members of the Coast Guard who are trained in
    law enforcement and have powers of the Coast Guard under title
    14, including the power to make arrests and to carry out
    searches and seizures.
    ---------------------------------------------------------------------------
        \56\ Sec. 1704(b) of the Homeland Security Act of 2002 (Public Law
    107-296; 116 Stat. 2314) struck out ``of Transportation'' and inserted
    in lieu thereof ``of Homeland Security''.
    ---------------------------------------------------------------------------
        (b) Members of the Coast Guard assigned to duty on board
    naval vessels under this section shall perform such law
    enforcement functions (including drug-interdiction functions)--
              (1) as may be agreed upon by the Secretary of Defense
            and the Secretary of Homeland Security; \56\ and
              (2) as are otherwise within the jurisdiction of the
            Coast Guard.
        (c) No fewer than 500 active duty personnel of the Coast
    Guard shall be assigned each fiscal year to duty under this
    section. However, if at any time the Secretary of Homeland
    Security,\56\ after consultation with the Secretary of Defense,
    determines that there are insufficient naval vessels available
    for purposes of this section, such personnel may be assigned
    other duty involving enforcement of laws listed in section
    374(b)(4)(A) of this title.
        (d) In this section, the term `drug-interdiction area'
    means an area outside the land area of the United States (as
    defined in section 374(b)(4)(B) of this title) in which the
    Secretary of Defense (in consultation with the Attorney
    General) determines that activities involving smuggling of
    drugs into the United States are ongoing.

    Sec. 380.\38\ Enhancement of cooperation with civilian law enforcement
                        officials

        (a) The Secretary of Defense, in cooperation with the
    Attorney General, shall conduct an annual briefing of law
    enforcement personnel of each State (including law enforcement
    personnel of the political subdivisions of each State)
    regarding information, training, technical support, and
    equipment and facilities available to civilian law enforcement
    personnel from the Department of Defense.
        (b) Each briefing conducted under subsection (a) shall
    include the following:
              (1) An explanation of the procedures for civilian law
            enforcement officials--
                      (A) to obtain information, equipment,
                    training, expert advice, and other personnel
                    support under this chapter; and
                      (B) to obtain surplus military equipment.
              (2) A description of the types of information,
            equipment and facilities, and training and advice
            available to civilian law enforcement officials from
            the Department of Defense.
              (3) A current, comprehensive list of military
            equipment which is suitable for law enforcement
            officials from the Department of Defense or available
            as surplus property from the Administrator of General
            Services.
        (c) The Attorney General and the Administrator of General
    Services shall--
              (1) establish or designate an appropriate office or
            offices to maintain the list described in subsection
            (b)(3) and to furnish information to civilian law
            enforcement officials on the availability of surplus
            military equipment; and
              (2) make available to civilian law enforcement
            personnel nationwide, tollfree telephone communication
            with such office or offices.
              * * * * * * *

    Sec. 382.\57\ Emergency situations involving chemical or biological
                        weapons of mass destruction
    ---------------------------------------------------------------------------

        \57\ Added by sec. 1416(a) of the National Defense Authorization
    Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2721).
    ---------------------------------------------------------------------------
        (a) In General.--The Secretary of Defense, upon the request
    of the Attorney General, may provide assistance in support of
    Department of Justice activities relating to the enforcement of
    section 175 or 2332c of title 18 during an emergency situation
    involving a biological or chemical weapon of mass destruction.
    Department of Defense resources, including personnel of the
    Department of Defense, may be used to provide such assistance
    if--
              (1) the Secretary of Defense and the Attorney General
            jointly determine that an emergency situation exists;
            and
              (2) the Secretary of Defense determines that the
            provision of such assistance will not adversely affect
            the military preparedness of the United States.
        (b) Emergency Situations Covered.--In this section, the
    term ``emergency situation involving a biological or chemical
    weapon of mass destruction'' means a circumstance involving a
    biological or chemical weapon of mass destruction--
              (1) that poses a serious threat to the interests of
            the United States; and
              (2) in which--
                      (A) civilian expertise and capabilities are
                    not readily available to provide the required
                    assistance to counter the threat immediately
                    posed by the weapon involved;
                      (B) special capabilities and expertise of the
                    Department of Defense are necessary and
                    critical to counter the threat posed by the
                    weapon involved; and
                      (C) enforcement of section 175 or 2332c of
                    title 18 would be seriously impaired if the
                    Department of Defense assistance were not
                    provided.
        (c) Forms of Assistance.--The assistance referred to in
    subsection (a) includes the operation of equipment (including
    equipment made available under section 372 of this title) to
    monitor, contain, disable, or dispose of the weapon involved or
    elements of the weapon.
        (d) Regulations.--(1) The Secretary of Defense and the
    Attorney General shall jointly prescribe regulations concerning
    the types of assistance that may be provided under this
    section. Such regulations shall also describe the actions that
    Department of Defense personnel may take in circumstances
    incident to the provision of assistance under this section.
        (2)(A) Except as provided in subparagraph (B), the
    regulations may not authorize the following actions:
              (i) Arrest.
              (ii) Any direct participation in conducting a search
            for or seizure of evidence related to a violation of
            section 175 or 2332c of title 18.
              (iii) Any direct participation in the collection of
            intelligence for law enforcement purposes.
        (B) The regulations may authorize an action described in
    subparagraph (A) to be taken under the following conditions:
              (i) The action is considered necessary for the
            immediate protection of human life, and civilian law
            enforcement officials are not capable of taking the
            action.
              (ii) The action is otherwise authorized under
            subsection (c) or under otherwise applicable law.
        (e) Reimbursements.--The Secretary of Defense shall require
    reimbursement as a condition for providing assistance under
    this section to the extent required under section 377 of this
    title.
        (f) Delegations of Authority.--(1) Except to the extent
    otherwise provided by the Secretary of Defense, the Deputy
    Secretary of Defense may exercise the authority of the
    Secretary of Defense under this section. The Secretary of
    Defense may delegate the Secretary's authority under this
    section only to an Under Secretary of Defense or an Assistant
    Secretary of Defense and only if the Under Secretary or
    Assistant Secretary to whom delegated has been designated by
    the Secretary to act for, and to exercise the general powers
    of, the Secretary.
        (2) Except to the extent otherwise provided by the Attorney
    General, the Deputy Attorney General may exercise the authority
    of the Attorney General under this section. The Attorney
    General may delegate that authority only to the Associate
    Attorney General or an Assistant Attorney General and only if
    the Associate Attorney General or Assistant Attorney General to
    whom delegated has been designated by the Attorney General to
    act for, and to exercise the general powers of, the Attorney
    General.
        (g) Relationship to Other Authority.--Nothing in this
    section shall be construed to restrict any executive branch
    authority regarding use of members of the armed forces or
    equipment of the Department of Defense that was in effect
    before September 23, 1996.\58\
    ---------------------------------------------------------------------------
        \58\ Sec. 1073(a)(6) of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1900) struck out ``the
    date of the enactment of the National Defense Authorization Act for
    Fiscal Year 1997'' and inserted in lieu thereof ``September 23, 1996''.
    ---------------------------------------------------------------------------

               CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE \59\

    Sec. 401.\60\ Humanitarian and civic assistance provided in conjunction
                        with military operations

        (a)(1) Under regulations prescribed by the Secretary of
    Defense,\61\ the Secretary of a military department may carry
    out humanitarian and civic assistance activities in conjunction
    with authorized military operations of the armed forces in a
    country if the Secretary concerned determines that the
    activities will promote--
    ---------------------------------------------------------------------------
        \59\ Sec. 571(c) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 353) struck out
    subchapter headings I and II in chapter 20. Subchapter I marked secs.
    401-404 as relating to humanitarian assistance.
        \60\ Sec. 401 was originally enacted by Sec. 333 of Public Law 99-
    661 (100 Stat. 3816), and codified at secs. 401 through 406 of 10
    U.S.C. The National Defense Authorization Act, 1988 and 1989 (Public
    Law 100-180), consolidated secs. 401 through 406 into sec. 401, made
    technical changes and modified the section title.
        Sec. 8009 of the Department of Defense Appropriations Act, 2006
    (Public Law 109-148; 119 Stat. 2699; 10 U.S.C. 401 note) provided the
    following:
        ``Sec. 8009. Within the funds appropriated for the operation and
    maintenance of the Armed Forces, funds are hereby appropriated pursuant
    to section 401 of title 10, United States Code, for humanitarian and
    civic assistance costs under chapter 20 of title 10, United States
    Code. Such funds may also be obligated for humanitarian and civic
    assistance costs incidental to authorized operations and pursuant to
    authority granted in section 401 of chapter 20 of title 10, United
    States Code, and these obligations shall be reported as required by
    section 401(d) of title 10, United States Code: Provided, That funds
    available for operation and maintenance shall be available for
    providing humanitarian and similar assistance by using Civic Action
    Teams in the Trust Territories of the Pacific Islands and freely
    associated states of Micronesia, pursuant to the Compact of Free
    Association as authorized by Public Law 99-239: Provided further, That
    upon a determination by the Secretary of the Army that such action is
    beneficial for graduate medical education programs conducted at Army
    medical facilities located in Hawaii, the Secretary of the Army may
    authorize the provision of medical services at such facilities and
    transportation to such facilities, on a nonreimbursable basis, for
    civilian patients from American Samoa, the Commonwealth of the Northern
    Mariana Islands, the Marshall Islands, the Federated States of
    Micronesia, Palau, and Guam.''.
        \61\ Sec. 1504 of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160; 107 Stat. 1839) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1504. humanitarian and civic assistance.
    ---------------------------------------------------------------------------

        ``(a) Regulations.--The regulations required to be prescribed under
    section 401 of title 10, United States Code, shall be prescribed not
    later than March 1, 1994. In prescribing such regulations, the
    Secretary of Defense shall consult with the Secretary of State.
        ``(b) Limitation on Use of Funds.--Section 401(c)(2) of title 10,
    United States Code, is amended by inserting before the period the
    following: `, except that funds appropriated to the Department of
    Defense for operation and maintenance (other than funds appropriated
    pursuant to such paragraph) may be obligated for humanitarian and civic
    assistance under this section only for incidental costs of carrying out
    such assistance'.
        ``(c) Notifications Regarding Humanitarian Relief.--Any
    notification provided to the appropriate congressional committees with
    respect to assistance activities under section 2551 of title 10, United
    States Code, shall include a detailed description of any items for
    which transportation is provided that are excess nonlethal supplies of
    the Department of Defense, including the quantity, acquisition value,
    and value at the time of the transportation of such items.
        ``(d) Report on Humanitarian Assistance Activities.--(1) The
    Secretary of Defense shall submit to the appropriate congressional
    committees a report on the activities planned to be carried out by the
    Department of Defense during fiscal year 1995 under sections 401, 402,
    2547, and 2551 of title 10, United States Code. The report shall
    include information, developed after consultation with the Secretary of
    State, on the distribution of excess nonlethal supplies transferred to
    the Secretary of State during fiscal year 1993 pursuant to section 2547
    of that title.
        ``(2) The report shall be submitted at the same time that the
    President submits the budget for fiscal year 1995 to Congress pursuant
    to section 1105 of title 31, United States Code.
        ``(e) Authorization of Appropriations.--The funds authorized to be
    appropriated by section 301(18) shall be available to carry out
    humanitarian and civic assistance activities under sections 401, 402,
    and 2551 of title 10, United States Code.
        ``(f) Appropriate Congressional Committees.--In this section, the
    term `appropriate congressional committees' means--
    ---------------------------------------------------------------------------

      ``(1) the Committee on Appropriations, the Committee on Armed Services,
    and the Committee on Foreign Affairs of the House of Representatives; and

      ``(2) the Committee on Appropriations, the Committee on Armed Services,
    and the Committee on Foreign Relations of the Senate.''.

              (A) the security interests of both the United States
            and the country in which the activities are to be
            carried out; and
              (B) the specific operational readiness skills of the
            members of the armed forces who participate in the
            activities.
        (2) Humanitarian and civic assistance activities carried
    out under this section shall complement, and may not duplicate,
    any other form of social or economic assistance which may be
    provided to the country concerned by any other department or
    agency of the United States. Such activities shall serve the
    basic economic and social needs of the people of the country
    concerned.
        (3) Humanitarian and civic assistance may not be provided
    under this section (directly or indirectly) to any individual,
    group, or organization engaged in military or paramilitary
    activity.
        (4) \62\ The Secretary of Defense shall ensure that no
    member of the armed forces,\63\ while providing assistance
    under this section that is described in subsection (e)(5)--
    ---------------------------------------------------------------------------
        \62\ Sec. 1313(b) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 475) added para. (4).
        \63\ Sec. 1074(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2658) struck out
    ``Armed Forces'' and inserted in lieu thereof ``armed forces''.
    ---------------------------------------------------------------------------
              (A) engages in the physical detection, lifting, or
            destroying of landmines or other explosive remnants of
            war \64\ (unless the member does so for the concurrent
            purpose of supporting a United States military
            operation); or
    ---------------------------------------------------------------------------
        \64\ Sec. 1221(b)(1) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2089) inserted ``or other explosive remnants of war'' after
    ``landmines''.
    ---------------------------------------------------------------------------
              (B) provides such assistance as part of a military
            operation that does not involve the armed forces.\63\
        (b)(1) \65\ Humanitarian and civic assistance may not be
    provided under this section to any foreign country unless the
    Secretary of State specifically approves the provision of such
    assistance.
    ---------------------------------------------------------------------------
        \65\ Sec. 1304(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2704) inserted para.
    designation ``(1)'' for subsec. (b), and added a new para. (2).
    ---------------------------------------------------------------------------
        (2) \65\ Any authority provided under any other provision
    of law to provide assistance that is described in subsection
    (e)(5) to a foreign country shall be carried out in accordance
    with, and subject to, the limitations prescribed in this
    section. Any such provision may be construed as superseding a
    provision of this section only if, and to the extent that, such
    provision specifically refers to this section and specifically
    identifies the provision of this section that is to be
    considered superseded or otherwise inapplicable under such
    provision.
        (c)(1) Expenses incurred as a direct result of providing
    humanitarian and civic assistance under this section to a
    foreign country shall be paid for out of funds specifically
    appropriated for such purpose.
        (2) \66\ Expenses covered by paragraph (1) include the
    following expenses incurred in providing assistance described
    in subsection (e)(5):
    ---------------------------------------------------------------------------
        \66\ Sec. 1304(a) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2704) redesignated
    para. (2) as para. (4), and added new paras. (2) and (3).
    ---------------------------------------------------------------------------
              (A) Travel, transportation, and subsistence expenses
            of Department of Defense personnel providing such
            assistance.
              (B) The cost of any equipment, services, or supplies
            acquired for the purpose of carrying out or supporting
            the activities described in subsection (e)(5),
            including any nonlethal, individual, or small-team
            equipment or supplies for clearing landmines or other
            explosive remnants of war \67\ that are to be
            transferred or otherwise furnished to a foreign country
            in furtherance of the provision of assistance under
            this section.
    ---------------------------------------------------------------------------
        \67\ Sec. 1221(b)(2) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2089) struck out ``landmine clearing equipment or supplies'' and
    inserted in lieu thereof ``equipment or supplies for clearing landmines
    or other explosive remnants of war''.
    ---------------------------------------------------------------------------
        (3) \66\ The cost of equipment, services, and supplies
    provided in any fiscal year under paragraph (2)(B) may not
    exceed $10,000,000.\68\
    ---------------------------------------------------------------------------
        \68\ Sec. 1201(a) of Public Law 109-163 (119 Stat. 3455) struck out
    ``$5,000,000'' and inserted in lieu thereof ``$10,000,000''.
    ---------------------------------------------------------------------------
        (4) \66\ Nothing in this section may be interpreted to
    preclude the incurring of minimal expenditures by the
    Department of Defense for purposes of humanitarian and civic
    assistance out of funds other than funds appropriated pursuant
    to paragraph (1),\69\ except that funds appropriated to the
    Department of Defense for operation and maintenance (other than
    funds appropriated pursuant to such paragraph) may be obligated
    for humanitarian and civic assistance under this section only
    for incidental costs of carrying out such assistance.\70\
    ---------------------------------------------------------------------------
        \69\ Sec. 1233(g)(1) of Public Law 100-456 (102 Stat. 2058) struck
    out ``subsection (1)'' at this point and inserted ``paragraph (1)''.
        \70\ Sec. 1504(b) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839) inserted ``,
    except that funds appropriated to the Department of Defense for
    operation and maintenance (other than funds appropriated pursuant to
    such paragraph) may be obligated for humanitarian and civic assistance
    under this section only for incidental costs of carrying out such
    assistance''.
    ---------------------------------------------------------------------------
        (d) \71\ The Secretary of Defense shall submit to the
    Committee on Armed Services and the Committee on Foreign
    Relations of the Senate and the Committee on Armed Services and
    the Committee on International Relations \72\ of the House of
    Representatives a report, not later than March 1 of each year,
    on activities carried out under this section during the
    preceding fiscal year. The Secretary shall include in each such
    report--
    ---------------------------------------------------------------------------
        \71\ Sec. 1031(1) of Public Law 106-65 (113 Stat. 749) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
        \72\ Sec. 1502((a)(8) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out
    ``submit to the Committees on Armed Services and Foreign Relations of
    the Senate and to the Committees on Armed Services and Foreign
    Affairs'' and inserted in lieu thereof ``submit to the Committee on
    Armed Services and the Committee on Foreign Relations of the Senate and
    the Committee on National Security and the Committee on International
    Relations''. Sec. 1067(1) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) subsequently struck
    out ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (1) a list of the countries in which humanitarian and
            civic assistance activities were carried out during the
            preceding fiscal year;
              (2) the type and description of such activities
            carried out in each country during the preceding fiscal
            year; and
              (3) the amount expended in carrying out each such
            activity in each such country during the preceding
            fiscal year.
        (e) \73\ In this section, the term ``humanitarian and civic
    assistance'' means any of the following: \74\
    ---------------------------------------------------------------------------
        \73\ Sec. 1313(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 475) made technical
    amendments to subsec. (e) and added a new para. (5).
        \74\ Sec. 1074(a)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2658) added ``any
    of the following'' after ``means''.
    ---------------------------------------------------------------------------
              (1) Medical, surgical dental,\75\ and veterinary care
            provided in areas of a country that are rural or are
            underserved by medical, surgical dental,\75\ and
            veterinary professionals, respectively,\76\ including
            education, training, and technical assistance related
            to the care provided.\77\
    ---------------------------------------------------------------------------
        \75\ Sec. 1201(b)(1) of Public Law 109-163 (119 Stat. 3455)
    inserted ``surgical'' before ``dental,''.
        \76\ Sec. 1235 of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (H.R. 5408, as enacted in sec. 1
    of Public Law 106-398; 114 Stat. 1654a-819) struck out ``rural areas of
    a country'' and inserted in lieu thereof ``areas of a country that are
    rural or are underserved by medical, dental, and veterinary
    professionals, respectively''.
        \77\ Sec. 1201(b)(2) of Public Law 109-163 (119 Stat. 3455)
    inserted ``, including education, training, and technical assistance
    related to the care provided''.
    ---------------------------------------------------------------------------
              (2) Construction of rudimentary surface
            transportation systems.
              (3) Well drilling and construction of basic
            sanitation facilities.
              (4) Rudimentary construction and repair of pubic
            facilities.
              (5) Detection and clearance of landmines and other
            explosive remnants of war,\78\ including activities
            relating to the furnishing of education, training, and
            technical assistance with respect to the detection and
            clearance of landmines and other explosive remnants of
            war.\78\
    ---------------------------------------------------------------------------
        \78\ Sec. 1221(a) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2089) inserted ``and other explosive remnants of war'' after
    ``landmines''.
    ---------------------------------------------------------------------------
        (f) Not more than $16,400,000 may be obligated or expended
    for the purposes of this section during fiscal years 1987
    through 1991.

    Sec. 402.\79\ Transportation of humanitarian relief supplies to foreign
                        countries

        (a) Notwithstanding any other provision of law, and subject
    to subsection (b), the Secretary of Defense may transport to
    any country, without charge, supplies which have been furnished
    by a nongovernmental source and which are intended for
    humanitarian assistance. Such supplies may be transported only
    on a space available basis.
    ---------------------------------------------------------------------------
        \79\ Sec. 402 was enacted by sec. 332 of the National Defense
    Authorization Act, FY 1988-89 (Public Law 100-180; 101 Stat. 1079).
        Sec. 403 of the Microenterprise for Self-Reliance and International
    Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1097)
    provided the following:
    ---------------------------------------------------------------------------

    ``sec. 403. processing of applications for transportation of humanitarian
    assistance abroad by the department of defense.
    ---------------------------------------------------------------------------

        ``(a) Priority for Disaster Relief Assistance.--In processing
    applications for the transportation of humanitarian assistance abroad
    under section 402 of title 10, United States Code, the Administrator of
    the United States Agency for International Development shall afford a
    priority to applications for the transportation of disaster relief
    assistance.
        ``(b) Modification of Applications.--The Administrator of the
    United States Agency for International Development shall take all
    possible actions to assist applicants for the transportation of
    humanitarian assistance abroad under such section 402 in modifying or
    completing applications submitted under such section in order to meet
    applicable requirements under such section. The actions shall include
    efforts to contact such applicants for purposes of the modification or
    completion of such applications.''.
    ---------------------------------------------------------------------------
        (b)(1) The Secretary may not transport supplies under
    subsection (a) unless the Secretary determines that--
              (A) the transportation of such supplies is consistent
            with the foreign policy of the United States;
              (B) the supplies to be transported are suitable for
            humanitarian purposes and are in usable condition;
              (C) there is a legitimate humanitarian need for such
            supplies by the people or entity \80\ for whom they are
            intended;
    ---------------------------------------------------------------------------
        \80\ Sec. 312(b)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1429) inserted ``or
    entity'' after ``people''.
    ---------------------------------------------------------------------------
              (D) the supplies will in fact be used for
            humanitarian purposes; and
              (E) adequate arrangements have been made for the
            distribution or use \81\ of such supplies in the
            destination country.
    ---------------------------------------------------------------------------
        \81\ Sec. 312(b)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1429) inserted ``or
    use'' after ``distribution''.
    ---------------------------------------------------------------------------
        (2) The President shall establish procedures for making the
    determinations required under paragraph (1). Such procedures
    shall include inspection of supplies before acceptance for
    transport.
        (3) It shall be the responsibility of the entity requesting
    the transport of supplies under this section to ensure that the
    supplies \82\ are suitable for transport.
    ---------------------------------------------------------------------------
        \82\ Sec. 312(b)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1429) struck out
    ``donor to ensure that supplies to be transported under this section''
    and inserted in lieu thereof ``entity requesting the transport of
    supplies under this section to ensure that the supplies''.
    ---------------------------------------------------------------------------
        (c)(1) Supplies transported under this section may be
    distributed by an agency of the United States Government, a
    foreign government, an international organization, or a private
    nonprofit relief organization.
        (2) Supplies transported under this section may not be
    distributed, directly or indirectly, to any individual, group,
    or organization engaged in a military or paramilitary activity.
        (d) \83\ (1) The Secretary of Defense may use the authority
    provided by subsection (a) to transport supplies intended for
    use to respond to, or mitigate the effects of, an event or
    condition, such as an oil spill, that threatens serious harm to
    the environment, but only if other sources to provide such
    transportation are not readily available.
    ---------------------------------------------------------------------------
        \83\ Sec. 312(a) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1429) redesignated
    subsec. (d) as subsec. (e), and added a new subsec. (d).
    ---------------------------------------------------------------------------
        (2) Notwithstanding subsection (a), the Secretary of
    Defense may require reimbursement for costs incurred by the
    Department of Defense to transport supplies under this
    subsection.
        (e) \83\ Not later than July 31 each year,\84\ the
    Secretary of State shall submit to the Committee on Armed
    Services and the Committee on Foreign Relations of the Senate
    and the Committee on Armed Services and the Committee on
    International Relations \85\ of the House of Representatives a
    report identifying the origin, contents, destination, and
    disposition of all supplies transported under this section
    during the 12-month period ending on the preceding June 30.\84\
    ---------------------------------------------------------------------------
        \84\ Sec. 1311(2) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out ``At
    the end of each six-month period'' and inserted ``Not later than July
    31 each year'' at the beginning of this paragraph; and struck out
    ``such six-month period'' at the end, inserting in lieu thereof ``the
    12-month period ending on the preceding June 30''.
        \85\ Sec. 1502((a)(8) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) struck out
    ``submit to the Committees on Armed Services and Foreign Relations of
    the Senate and to the Committees on Armed Services and Foreign
    Affairs'' and inserted in lieu thereof ``submit to the Committee on
    Armed Services and the Committee on Foreign Relations of the Senate and
    the Committee on National Security and the Committee on International
    Relations''. Sec. 1067(1) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) subsequently struck
    out ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

    Sec. 403.\86\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------

        \86\ Sec. 403, relating to international peacekeeping activities,
    was repealed by sec. 1061(g)(1) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 443). It was
    originally added by sec. 1342(c)(1) of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2557).
    ---------------------------------------------------------------------------

    Sec. 404.\87\ Foreign disaster assistance

        (a) In General.--The President may direct the Secretary of
    Defense to provide disaster assistance outside the United
    States to respond to manmade or natural disasters when
    necessary to prevent loss of lives or serious harm to the
    environment.\88\
    ---------------------------------------------------------------------------
        \87\ Added by sec. 1412(a) of the National Defense Authorization
    Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2912).
        \88\ Sec. 312(c)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1430) inserted ``or
    serious harm to the environment'' after ``loss of lives''.
    ---------------------------------------------------------------------------
        (b) Forms of Assistance.--Assistance provided under this
    section may include transportation, supplies, services, and
    equipment.
        (c) Notification Required.--Not later than 48 hours after
    the commencement of disaster assistance activities to provide
    assistance under this section, the President shall transmit to
    Congress a report containing notification of the assistance
    provided, and proposed to be provided, under this section and a
    description of so much of the following as is then available:
              (1) The manmade or natural disaster for which
            disaster assistance is necessary.
              (2) The threat to human lives or the environment \89\
            presented by the disaster.
    ---------------------------------------------------------------------------
        \89\ Sec. 312(c)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1430) inserted ``or the
    environment'' after ``human lives''.
    ---------------------------------------------------------------------------
              (3) The United States military personnel and material
            resources that are involved or expected to be involved.
              (4) The disaster assistance that is being provided or
            is expected to be provided by other nations or public
            or private relief organizations.
              (5) The anticipated duration of the disaster
            assistance activities.
        (d) Organizing Policies and Programs.--Amounts appropriated
    to the Department of Defense for any fiscal year for Overseas
    Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the
    Department shall be available for organizing general policies
    and programs for disaster relief programs for disasters
    occurring outside the United States.
        (e) \90\ Limitation on Transportation Assistance.--
    Transportation services authorized under subsection (b) may be
    provided in response to a manmade or natural disaster to
    prevent serious harm to the environment, when human lives are
    not at risk, only if other sources to provide such
    transportation are not readily available.
    ---------------------------------------------------------------------------
        \90\ Sec. 312(c)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1430) added subsec.
    (e).
    ---------------------------------------------------------------------------

    Sec. 405.\91\ Use of Department of Defense funds for United States
                        share of costs of United Nations peacekeeping
                        activities: limitation

        (a) Prohibition on Use of Funds.--Funds available to the
    Department of Defense may not be used to make a financial
    contribution (directly or through another department or agency
    of the United States) to the United Nations--
    ---------------------------------------------------------------------------
        \91\ Sec. 405 was added by sec. 1301(a) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    473).
    ---------------------------------------------------------------------------
              (1) for the costs of a United Nations peacekeeping
            activity; or
              (2) for any United States arrearage to the United
            Nations.
        (b) Application of Prohibition.--The prohibition in
    subsection (a) applies to voluntary contributions, as well as
    to contributions pursuant to assessment by the United Nations
    for the United States share of the costs of a peacekeeping
    activity.
              * * * * * * *

                               PART II--PERSONNEL

              * * * * * * *

                      CHAPTER 38--JOINT OFFICER MANAGEMENT

              * * * * * * *

    Sec. 691.\92\ Permanent end strength levels to support two major
                        regional contingencies

        (a) The end strengths specified in subsection (b) are the
    minimum strengths necessary to enable the armed forces to
    fulfill a national defense strategy calling for the United
    States to be able to successfully conduct two nearly
    simultaneous major regional contingencies.
    ---------------------------------------------------------------------------
        \92\ Added by sec. 401(b)(1) of Public Law 104-106 (110 Stat. 285).
    ---------------------------------------------------------------------------
        (b) Unless otherwise provided by law, the number of members
    of the armed forces (other than the Coast Guard) on active duty
    at the end of any fiscal year shall be not less than the
    following:
              (1) For the Army, 502,400.\93\
    ---------------------------------------------------------------------------
        \93\ Sec. 402 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3219) amended and restated
    paras. (1) through (4), effectively striking out ``502,400'' and
    inserting ``502,400'' in para. (1).
        Previously, sec. 402 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1862) amended and restated paras. (1) through (4), effectively striking
    out ``482,400'' and inserting ``502,400'' in para. (1). Previously,
    sec. 402(1) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1450) struck out ``480,000'' and
    inserted in lieu thereof ``482,400''. Sec. 402(a)(1) of the Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999
    (Public Law 105-261 112 Stat. 1995) struck out ``495,000'' and inserted
    in lieu thereof ``480,000''.
    ---------------------------------------------------------------------------
              (2) For the Navy, 352,700.\94\
    ---------------------------------------------------------------------------
        \94\ Sec. 402 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3219) amended and restated
    paras. (1) through (4), effectively striking out ``365,900'' and
    inserting ``352,700'' in para. (2).
        Previously, sec. 402 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1862) amended and restated paras. (1) through (4), effectively striking
    out ``373,800'' and inserting ``365,900'' in para. (2). Previously,
    sec. 402(2) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1450) struck out ``375,700'' and
    inserted in lieu thereof ``373,800''. Sec. 402(a)(1) of the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003 (Public Law
    107-314; 116 Stat. 2524), struck out ``376,000'' and inserted in lieu
    thereof ``375,700''. Sec. 402(1) of Public Law 107-107 (115 Stat. 1069)
    struck out ``372,000'' and inserted in lieu thereof ``376,000''. Sec.
    402(a)(1) of the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (H.R. 5408, as enacted in sec. 1 of Public Law 106-
    398; 114 Stat. 1654a-215) struck out ``371,781'' and inserted in lieu
    thereof ``372,000''. Sec. 402(1) of the National Defense Authorization
    Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 585) struck out
    ``372, 696'' and inserted in lieu thereof ``371,781''. Sec. 402(a)(2)
    of the Strom Thurmond National Defense Authorization Act for Fiscal
    Year 1999 (Public Law 105-261; 112 Stat. 1995) struck out ``390,802''
    and inserted in lieu thereof ``372,696''. Sec. 402(a)(1) of the
    National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85; 111 Stat. 1719) struck out ``395,000'' and inserted in lieu
    thereof ``390,802''.
    ---------------------------------------------------------------------------
              (3) For the Marine Corps, 179,000.\95\
    ---------------------------------------------------------------------------
        \95\ Sec. 402 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3219) amended and restated
    paras. (1) through (4), effectively striking out ``178,000'' and
    inserting ``179,000'' in para. (3).
        Previously, sec. 402 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1862) amended and restated paras. (1) through (4), effectively striking
    out ``175,000'' and inserting ``178,000'' in para. (3). Previously,
    sec. 402(a)(2) of the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2524), struck out
    ``172,600'' and inserted in lieu thereof ``175,000''. Sec. 402(a)(2) of
    the Floyd D. Spence National Defense Authorization Act for Fiscal Year
    2001 (H.R. 5408, as enacted in sec. 1 of Public Law 106-398; 114 Stat.
    1654a-215) struck out ``171,148'' and inserted in lieu thereof
    ``172,600''. Sec. 402(2) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 585) struck out
    ``172,200'' and inserted in lieu thereof ``172,148''. Sec. 402(a)(3) of
    the Strom Thurmond National Defense Authorization Act for Fiscal Year
    1999 (Public Law 105-261; 112 Stat. 1995) struck out ``174,000'' and
    inserted in lieu thereof ``172,200''.
    ---------------------------------------------------------------------------
              (4) For the Air Force, 357,400.\96\
    ---------------------------------------------------------------------------
        \96\ Sec. 402 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3219) amended and restated
    paras. (1) through (4), effectively striking out ``359,300'' and
    inserting ``357,400'' in para. (4).
        Previously, sec. 402 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1862) amended and restated paras. (1) through (4), effectively striking
    out ``359,300'' and inserting ``359,700'' in para. (4). Previously,
    sec. 402(3) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1450) struck out ``359,000'' and
    inserted in lieu thereof ``359,300''. Sec. 402(a)(3) of the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003 (Public Law
    107-314; 116 Stat. 2524), struck out ``358,800'' and inserted in lieu
    thereof ``359,000''. Sec. 402(2) of Public Law 107-107 (115 Stat. 1069)
    struck out ``357,000'' and inserted in lieu thereof ``358,800''. Sec.
    402(a)(3) of the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (H.R. 5408, as enacted in sec. 1 of Public Law 106-
    398; 114 Stat. 1654a-215) struck out ``360,877'' and inserted in lieu
    thereof ``357,000''. Sec. 402(3) of the National Defense Authorization
    Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 585) struck out
    ``370,802'' and inserted in lieu thereof ``360,877''. Sec. 402(a)(4) of
    the Strom Thurmond National Defense Authorization Act for Fiscal Year
    1999 (Public Law 105-261; 112 Stat. 1995) struck out ``371,577'' and
    inserted in lieu thereof ``370,802''. Sec. 402(a)(2) of the National
    Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
    Stat. 1719) struck out ``381,000'' and inserted in lieu thereof
    ``371,577''.
    ---------------------------------------------------------------------------
        (c) \97\ The budget for the Department of Defense for any
    fiscal year as submitted to Congress shall include amounts for
    funding for each of the Armed forces (other than the Coast
    Guard) at least in the amounts necessary to maintain the active
    duty end strengths prescribed in subsection (b), as in effect
    at the time that such budget is submitted.
    ---------------------------------------------------------------------------
        \97\ Sec. 402 of Public Law 104-201 (110 Stat. 2503) struck out
    former subsec. (c), redesignated former subsecs. (d) and (e) as
    subsecs. (e) and (f), respectively, and added new subsecs. (c) and (d).
    ---------------------------------------------------------------------------
        (d) No funds appropriated to the Department of Defense may
    be used to implement a reduction of the active duty end
    strength for any of the armed forces (other than the Coast
    Guard) for any fiscal year below the level specified in
    subsection (b) unless the reduction in end strength for that
    armed force for that fiscal year is specifically authorized by
    law.
        (e) \98\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \98\ Sec. 402(b) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2525), repealed
    subsec. (e), which had, as amended, provided the following:
        ``(e) For a fiscal year for which the active duty end strength
    authorized by law pursuant to section 115(a)(1)(A) of this title for
    any of the armed forces is identical to or greater than the number
    applicable to that armed force under subsection (b), the Secretary of
    Defense may reduce that number by not more than 0.5 percent.''.
    ---------------------------------------------------------------------------
        (f) The number of members of the armed forces on active
    duty shall be counted for purposes of this section in the same
    manner as applies under section 115(a)(1) of this title.

                 CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS

              * * * * * * *

    Sec. 1051b.\99\ Bilateral or regional cooperation programs: awards and
                        mementos to recognize superior noncombat
                        achievements or performance

        (a) General Authority.--The Secretary of Defense may
    present awards and mementos purchased with funds appropriated
    for operation and maintenance of the armed forces to recognize
    superior noncombat achievements or performance by members of
    friendly foreign forces and other foreign nationals that
    significantly enhance or support the National Security Strategy
    of the United States.
    ---------------------------------------------------------------------------
        \99\ Sec. 1222(a) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1652) added sec. 1051b.
    ---------------------------------------------------------------------------
        (b) Activities That May Be Recognized.--Activities that may
    be recognized under subsection (a) include superior achievement
    or performance that--
              (1) plays a crucial role in shaping the international
            security environment in ways that protect and promote
            United States interests;
              (2) supports or enhances United States overseas
            presence and peacetime engagement activities, including
            defense cooperation initiatives, security assistance
            training and programs, and training and exercises with
            the armed forces;
              (3) helps to deter aggression and coercion, build
            coalitions, and promote regional stability; or
              (4) serves as a role model for appropriate conduct by
            military forces in emerging democracies.
        (c) Limitation.--Expenditures for the purchase or
    production of mementos for award under this section may not
    exceed the minimal value in effect under section 7342(a)(5) of
    title 5.

    Sec. 1060.\100\ Military service of retired members with newly
                        democratic nations: consent of Congress

        (a)  Consent of Congress.--Subject to subsection (b),
    Congress consents to a retired member of the uniformed
    services--
    ---------------------------------------------------------------------------
        \100\ Added as sec. 1058 by sec. 1433(b)(1) of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1833). Redesignated as sec. 1060 by sec. 1070(a)(6)(A) of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2855).
        Originally, this section became effective January 1, 1993, pursuant
    to sec. 1433(d) of Public Law 103-160. Subsec. (d) was subsequently
    repealed by sec. 182(b) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 1078 Stat. 418).
    Subsec. (a) of that section, however, provided: ``With respect to any
    person for which the Secretary of State and the Secretary concerned
    within the Department of Defense has approved the employment or the
    holding of a position pursuant to the provisions of section 1058, title
    10, United States Code, before the date of enactment of this Act, the
    consents, approvals and determinations under that section shall be
    deemed to be effective as of January 1, 1993.''.
        Sec. 1433(a) of Public Law 103-160 provided:
        ``(a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------

      ``(1) It is in the national security interest of the United States to
    promote democracy throughout the world.

      ``(2) The armed forces of newly democratic nations often lack the
    democratic traditions that are a hallmark of the Armed Forces of the United
    States.

      ``(3) The understanding of military roles and missions in a democracy is
    essential for the development and preservation of democratic forms of
    government.

      ``(4) The service of retired members of the Armed Forces of the United
    States in the armed forces of newly democratic nations could lead to a
    better understanding of military roles and missions in a democracy.''.

              (1) accepting employment by, or holding an office or
            position in, the military forces of a newly democratic
            nation; and
              (2) accepting compensation associated with such
            employment, office, or position.
        (b) Approval Required.--The consent provided in subsection
    (a) for a retired member of the uniformed services to accept
    employment or hold an office or position shall apply to a
    retired member only if the Secretary concerned and the
    Secretary of State jointly approve the employment or the
    holding of such office or position.
        (c) Determination of Newly Democratic Nations.--The
    Secretary concerned and the Secretary of State shall jointly
    determine whether a nation is a newly democratic nation for the
    purposes of this section.
        (d) \101\ * * *
    ---------------------------------------------------------------------------
        \101\ Sec. 1031(a)(9) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1597) struck out
    subsec. (d), which had required reports to Congress on approvals under
    subsec. (b) and determinations under subsec. (c).
    ---------------------------------------------------------------------------
        (e) Continued Entitlement to Retired Pay and Benefits.--The
    eligibility of a retired member to receive retired or retainer
    pay and other benefits arising from the retired member's status
    as a retired member of the uniformed services, and the
    eligibility of dependents of such retired member to receive
    benefits on the basis of such retired member's status as a
    retired member of the uniformed services, may not be terminated
    by reason of employment or holding of an office or position
    consented to in subsection (a).
        (f) Retired Member Defined.--In this section, the term
    ``retired member'' means a member or former member of the
    uniformed services who is entitled to receive retired or
    retainer pay.
        (g) Civil Employment by Foreign Governments.--For a
    provision of law providing the consent of Congress to civil
    employment by foreign governments, see section 908 of title 37.
              * * * * * * *

         CHAPTER 89--VOLUNTEERS INVESTING IN PEACE AND SECURITY * * *
                             [Repealed--1996] \102\
    ---------------------------------------------------------------------------

        \102\ Chapter 89, authorizing the Secretary of Defense to establish
    a volunteer program to assist independent states of the former Soviet
    Union, was repealed by sec. 1061(a)(1) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    442). Sec. 1805 of this chapter had provided that selection of
    volunteers would terminate on September 30, 1995.
    ---------------------------------------------------------------------------
              * * * * * * *

                        CHAPTER 101--TRAINING GENERALLY

              * * * * * * *

    Sec. 2010.\103\ Participation of developing countries in combined
                        exercises: payment of incremental expenses

        (a) The Secretary of Defense, after consultation with the
    Secretary of State, may pay the incremental expenses of a
    developing country that are incurred by that country as the
    direct result of participation in a bilateral or multilateral
    military exercise if--
    ---------------------------------------------------------------------------
        \103\ Sec. 2010 was added by sec. 1321 of Public Law 99-661 (100
    Stat. 3816).
        Sec. 1031(1) of Public Law 106-65 (113 Stat. 749) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
    ---------------------------------------------------------------------------
              (1) the exercise is undertaken primarily to enhance
            the security interests of the United States; and
              (2) the Secretary of Defense determines that the
            participation by such country is necessary to the
            achievement of the fundamental objectives of the
            exercise and that those objectives cannot be achieved
            unless the United States provides the incremental
            expenses incurred by such country.
        (b) The Secretary of Defense shall submit to Congress a
    report each year, not later than March 1, containing--
              (1) a list of the developing countries for which
            expenses have been paid by the United States under this
            section during the preceding year; and
              (2) the amounts expended on behalf of each
            government.
        (c) The Secretary of Defense shall establish by regulation
    such accounting procedures as may be necessary to ensure that
    funds expended under this section are properly expended.
        (d) In this section, the term ``incremental expenses''
    means the reasonable and proper cost of the goods and services
    that are consumed by a developing country as a direct result of
    that country's participation in a bilateral or multilateral
    military exercise with the United States, including rations,
    fuel, training ammunition, and transportation. Such term does
    not include pay, allowances, and other normal costs of such
    country's personnel.
        (e) \104\ * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \104\ Sec. 1073(a)(35) of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) repealed
    subsec. (e), which had read as follows:
        ``(e) Not more than $13,400,000 may be obligated or expended for
    the purposes of this section during fiscal years 1987 through 1991.''.
    ---------------------------------------------------------------------------
              * * * * * * *

    Sec. 2011.\105\ Special operations forces: training with friendly
                        foreign forces

      (a) \106\ Authority To Pay Training Expenses.--Under
    regulations prescribed pursuant to subsection (c), the
    commander of the special operations command established
    pursuant to section 167 of this title and the commander of any
    other unified or specified combatant command may pay, or
    authorize payment for, any of the following expenses:
    ---------------------------------------------------------------------------
        \105\ Added by sec. 1052(a) of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
    1470).
        \106\ Sec. 1503(a)(18) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 512) capitalized
    the word ``To'' in the catchline of subsec. (a).
    ---------------------------------------------------------------------------
              (1) Expenses of training special operations forces
            assigned to that command in conjunction with training,
            and training with, armed forces and other security
            forces of a friendly foreign country.
              (2) Expenses of deploying such special operations
            forces for that training.
              (3) In the case of training in conjunction with a
            friendly developing country, the incremental expenses
            incurred by that country as the direct result of such
            training.
      (b) Purpose of Training.--The primary purpose of the training
    for which payment may be made under subsection (a) shall be to
    train the special operations forces of the combatant command.
      (c) Regulations.--The Secretary of Defense shall prescribe
    regulations for the administration of this section. The
    regulations shall require that training activities may be
    carried out under this section only with the prior approval of
    the Secretary of Defense.\107\ The regulations shall establish
    accounting procedures to ensure that the expenditures pursuant
    to this section are appropriate.
    ---------------------------------------------------------------------------
        \107\ Sec. 1062(a) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2129) added this sentence.
    ---------------------------------------------------------------------------
      (d) Definitions.--In this section:
              (1) The term ``special operations forces'' includes
            civil affairs forces and psychological operations
            forces.
              (2) The term ``incremental expenses'', with respect
            to a developing country, means the reasonable and
            proper cost of rations, fuel, training ammunition,
            transportation, and other goods and services consumed
            by such country, except that the term does not include
            pay, allowances, and other normal costs of such
            country's personnel.
      (e) \108\ Reports.--Not later than April 1 of each year, the
    Secretary of Defense shall submit to Congress a report
    regarding training during the preceding fiscal year for which
    expenses were paid under this section. Each report shall
    specify the following:
    ---------------------------------------------------------------------------
        \108\ Sec. 1031(1) of Public Law 106-65 (113 Stat. 749) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
    ---------------------------------------------------------------------------
              (1) All countries in which that training was
            conducted.
              (2) The type of training conducted, including whether
            such training was related to counter-narcotics or
            counter-terrorism activities, the duration of that
            training, the number of members of the armed forces
            involved, and expenses paid.
              (3) The extent of participation by foreign military
            forces, including the number and service affiliation of
            foreign military personnel involved and physical and
            financial contribution of each host nation to the
            training effort.
              (4) The relationship of that training to other
            overseas training programs conducted by the armed
            forces, such as military exercise programs sponsored by
            the Joint Chiefs of Staff, military exercise programs
            sponsored by a combatant command, and military training
            activities sponsored by a military department
            (including deployments for training, short duration
            exercises, and other similar unit training events).
              (5) \109\ A summary of the expenditures under this
            section resulting from the training for which expenses
            were paid under this section.
    ---------------------------------------------------------------------------
        \109\ Sec. 1062(b) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2129) added paras. (5) and (6).
    ---------------------------------------------------------------------------
              (6) \109\ A discussion of the unique military
            training benefit to United States special operations
            forces derived from the training activities for which
            expenses were paid under this section.
              * * * * * * *

              CHAPTER 103--SENIOR RESERVE OFFICERS' TRAINING CORPS

              * * * * * * *

    Sec. 2111b.\110\ Senior military colleges: Department of Defense
                        international student program

        (a) Program Requirement.--The Secretary of Defense shall
    establish a program to facilitate the enrollment and
    instruction of persons from foreign countries as international
    students at the senior military colleges.
    ---------------------------------------------------------------------------
        \110\ Added by sec. 541(a)(1) of the National Defense Authorization
    Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 606). Subsec.
    (d) of that section further provided:
        ``(d) Fiscal Year 2000 Funding.--Of the amounts made available to
    the Department of Defense for fiscal year 2000 pursuant to section 301,
    $2,000,000 shall be available for financial support for international
    students under section 2111b of title 10, United States Code, as added
    by subsection (a).''.
    ---------------------------------------------------------------------------
        (b) Purposes.--The purposes of the program shall be--
              (1) to provide a high-quality, cost-effective
            military-based educational experience for international
            students in furtherance of the military-to-military
            program objectives of the Department of Defense; and
              (2) to enhance the educational experience and
            preparation of future United States military leaders
            through increased, extended interaction with highly
            qualified potential foreign military leaders.
        (c) Coordination With the Senior Military Colleges.--
    Guidelines for implementation of the program shall be developed
    in coordination with the senior military colleges.
        (d) Recommendations for Admission of Students Under the
    Program.--The Secretary of Defense shall annually identify to
    the senior military colleges the international students who,
    based on criteria established by the Secretary, the Secretary
    recommends be considered for admission under the program. The
    Secretary shall identify the recommended international students
    to the senior military colleges as early as possible each year
    to enable those colleges to consider them in a timely manner in
    their respective admissions processes.
        (e) DOD Financial Support.--An international student who is
    admitted to a senior military college under the program under
    this section is responsible for the cost of instruction at that
    college. The Secretary of Defense may, from funds available to
    the Department of Defense other than funds available for
    financial assistance under section 2107a of this title, provide
    some or all of the costs of instruction for any such student.
              * * * * * * *

                   CHAPTER 108--DEPARTMENT OF DEFENSE SCHOOLS

              * * * * * * *

    Sec. 2166.\111\ Western Hemisphere Institute for Security Cooperation

        (a) Establishment and Administration.--(1) The Secretary of
    Defense may operate an education and training facility for the
    purpose set for this subsection (b). The facility shall be
    known as the ``Western Hemisphere Institute for Security
    Cooperation''.
    ---------------------------------------------------------------------------
        \111\ Added by sec. 911(a) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
    1654A-226).
    ---------------------------------------------------------------------------
        (2) The Secretary may designate the Secretary of a military
    department as the Department of Defense executive agent for
    carrying out the responsibilities of the Secretary of Defense
    under this section.
        (b) Purpose.--The purpose of the Institute is to provide
    professional education and training to eligible personnel of
    nations of the Western Hemisphere within the context of the
    democratic principles set forth in the Charter of the
    Organization of American States (such charter being a treaty to
    which the United States is a party), while fostering mutual
    knowledge, transparency, confidence, and cooperation among the
    participating nations and promoting democratic values, respect
    for human rights, and knowledge and understanding of United
    States customs and traditions.
        (c) Eligible Personnel.--(1) Subject to paragraph (2),
    personnel of nations of the Western Hemisphere are eligible for
    education and training at the Institute as follows:
              (A) Military personnel.
              (B) Law enforcement personnel.
              (C) Civilian personnel.
        (2) The Secretary of State shall be consulted in the
    selection of foreign personnel for education or training at the
    Institute.
        (d) Curriculum.--(1) The curriculum of the Institute shall
    include mandatory instruction for each student, for at least 8
    hours, on human rights, the rule of law, due process, civilian
    control of the military, and the role of the military in a
    democratic society.
        (2) The curriculum may include instruction and other
    educational and training activities on the following:
              (A) Leadership development.
              (B) Counterdrug operations.
              (C) Peace support operations.
              (D) Disaster relief.
              (E) Any other matter that the Secretary determines
            appropriate.
        (e) Board of Visitors.--(1) There shall be a Board of
    Visitors for the Institute. The Board shall be composed of the
    following:
              (A) The chairman and ranking minority member of the
            Committee on Armed Services of the Senate, or a
            designee of either of them.
              (B) The chairman and ranking minority member of the
            Committee on Armed Services of the House of
            Representatives, or a designee of either of them.
              (C) Six persons designated by the Secretary of
            Defense including, to the extent practicable, persons
            from academia and the religious and human rights
            communities.
              (D) One person designated by the Secretary of State.
              (E) The senior military officer responsible for
            training and doctrine for the Army or, if the Secretary
            of the Navy or the Secretary of the Air Force is
            designated as the executive agent of the Secretary of
            Defense under subsection (a)(2), the senior military
            officer responsible for training and doctrine for the
            Navy or Marine Corps or for the Air Force,
            respectively, or a designee of the senior military
            officer concerned.
              (F) The commander of the unified combatant command
            having geographic responsibility for Latin America, or
            a designee of that officer.
        (2) A vacancy in a position on the Board shall be filled in
    the same manner as the position was originally filled.
        (3) The Board shall meet at least once each year.
        (4)(A) The Board shall inquire into the curriculum,
    instruction, physical equipment, fiscal affairs, and academic
    methods of the Institute, other matters relating to the
    Institute that the Board decides to consider, and any other
    matter that the Secretary of Defense determines appropriate.
        (B) The Board shall review the curriculum of the Institute
    to determine whether--
              (i) the curriculum complies with applicable United
            States laws and regulations;
              (ii) the curriculum is consistent with United States
            policy goals toward Latin America and the Caribbean;
              (iii) the curriculum adheres to current United States
            doctrine; and
              (iv) the instruction under the curriculum
            appropriately emphasizes the matters specified in
            subsection (d)(1).
        (5) Not later than 60 days after its annual meeting, the
    Board shall submit to the Secretary of Defense a written report
    of its activities and of its views and recommendations
    pertaining to the Institute.
        (6) Members of the Board shall not be compensated by reason
    of service on the Board.
        (7) With the approval of the Secretary of Defense, the
    Board may accept and use the services of voluntary and
    uncompensated advisers appropriate to the duties of the Board
    without regard to section 1342 of title 31.
        (8) Members of the Board and advisers whose services are
    accepted under paragraph (7) shall be allowed travel and
    transportation expenses, including per diem in lieu of
    subsistence, while away from their homes or regular places of
    business in the performance of services for the Board.
    Allowances under this paragraph shall be computed--
              (A) in the case of members of the Board who are
            officers or employees of the United States, at rates
            authorized for employees of agencies under subchapter I
            of chapter 57 of title 5; and
              (B) in the case of other members of the Board and
            advisers, as authorized under section 5703 of title 5
            for employees serving without pay.
        (9) The Federal Advisory Committee Act (5 U.S.C.
    App.),\112\ other than section 14 (relating to termination
    after two years), shall apply to the Board.
    ---------------------------------------------------------------------------
        \112\ Sec. 1048(1)(16) of Public Law 107-107 (115 Stat. 1223)
    struck out ``(2 U.S.C. App.)'' and inserted in lieu thereof ``(5 U.S.C.
    App.)''.
    ---------------------------------------------------------------------------
        (f) \113\ Authority To Accept Foreign Gifts and
    Donations.--(1) The Secretary of Defense may, on behalf of the
    Institute, accept foreign gifts or donations in order to defray
    the costs of, or enhance the operation of, the Institute.
    ---------------------------------------------------------------------------
        \113\ Sec. 932(a)(1) of Public Law 107-314 (116 Stat. 2625)
    redesignated subsecs. (f) through (h) as subsecs. (g) through (i), and
    added a new subsec. (f).
    ---------------------------------------------------------------------------
        (2) Funds received by the Secretary under paragraph (1)
    shall be credited to appropriations available for the
    Department of Defense for the Institute. Funds so credited
    shall be merged with the appropriations to which credited and
    shall be available for the Institute for the same purposes and
    same period as the appropriations with which merged.
        (3) The Secretary of Defense shall notify Congress if the
    total amount of money accepted under paragraph (1) exceeds
    $1,000,000 in any fiscal year. Any such notice shall list each
    of the contributors of such money and the amount of each
    contribution in such fiscal year.
        (4) For the purposes of this subsection, a foreign gift or
    donation is a gift or donation of funds, materials (including
    research materials), property, or services (including lecture
    services and faculty services) from a foreign government, a
    foundation or other charitable organization in a foreign
    country, or an individual in a foreign country.
        (g) \113\ Fixed Costs.--The fixed costs of operating and
    maintaining the Institute for a fiscal year may be paid from--
              (1) any funds available for that fiscal year for
            operation and maintenance for the executive agent
            designated under subsection (a)(2); or
              (2) if no executive agent is designated under
            subsection (a)(2), any funds available for that fiscal
            year for the Department of Defense for operation and
            maintenance for Defense-wide activities.
        (h) \113\ Tuition.--Tuition fees charged for persons who
    attend the Institute may not include the fixed costs of
    operating and maintaining the Institute.
        (i) \113\ Annual Report.--Not later than March 15 of each
    year, the Secretary of Defense shall submit to Congress a
    detailed report on the activities of the Institute during the
    preceding year. The report shall include a copy of the latest
    report by the Board of Visitors received by the Secretary under
    subsection (e)(5), together with any comments of the Secretary
    on the Board's report.\114\ The report shall be prepared in
    consultation with the Secretary of State.
    ---------------------------------------------------------------------------
        \114\ Sec. 932(b) of Public Law 107-314 (116 Stat. 2625) added this
    sentence.
    ---------------------------------------------------------------------------
              * * * * * * *

    CHAPTER 111--SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION

              * * * * * * *

    Sec. 2198.\115\ Management training program in Japanese language and
                        culture

      (a) The Secretary of Defense, in coordination with the
    National Science Foundation, shall establish a program for the
    making of grants on a competitive basis to United States
    institutions of higher education and other United States not-
    for-profit organizations for the conduct of programs for
    scientists, engineers, and managers to learn Japanese language
    and culture.
    ---------------------------------------------------------------------------
        \115\ Added by sec. 828(a) of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
    1444).
    ---------------------------------------------------------------------------
      (b) The Secretary of Defense shall prescribe in regulations
    the criteria for awarding a grant under the program for
    activities of an institution or organization referred to in
    subsection (a), including the following:
              (1) Whether scientists, engineers, and managers of
            defense laboratories and Department of Energy
            laboratories are permitted a level of participation in
            such activities that is beneficial to the development
            and application of defense critical technologies by
            such laboratories.
              (2) Whether such activities include the placement of
            United States scientists, engineers, and managers in
            Japanese government and industry laboratories--
                      (A) to improve the knowledge of such
                    scientists, engineers, and managers in (i)
                    Japanese language and culture, and (ii) the
                    research and development and management
                    practices of such laboratories; and
                      (B) to provide opportunities for the
                    encouragement of technology transfer from Japan
                    to the United States.
              (3) Whether an appropriate share of the costs of such
            activities will be paid out of funds derived from non-
            Federal Government sources.
      (c) In this section, the term ``defense critical technology''
    means a technology that is identified under section 2505 of
    this title as critical for attaining the national security
    objectives set forth in section 2501(a) of this title.\116\
    ---------------------------------------------------------------------------
        \116\ Sec. 1073(a)(39) of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) struck out
    ``identified in a defense critical technologies plan submitted to the
    Congress under section 2506 of this title.'' and inserted in lieu
    thereof ``that is identified under section 2505 of this title as
    critical for attaining the national security objectives set forth in
    section 2501(a) of this title.''.
        Sec. 201(c)(3) of Public Law 103-35 (107 Stat. 98) previously made
    technical corrections to this subsection.
    ---------------------------------------------------------------------------
              * * * * * * *

                   PART IV--SERVICE, SUPPLY, AND PROCUREMENT

              * * * * * * *

    Sec. 2214.\117\ Transfer of funds: procedure and limitations

        (a) Procedure for Transfer of Funds.--Whenever authority is
    provided in an appropriation Act to transfer amounts in working
    capital funds or to transfer amounts provided in appropriation
    Acts for military functions of the Department of Defense (other
    than military construction) between such funds or
    appropriations (or any subdivision thereof), amounts
    transferred under such authority shall be merged with and be
    available for the same purposes and for the same time period as
    the fund or appropriations to which transferred.
    ---------------------------------------------------------------------------
        \117\ Sec. 1482(c) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1709) added a sec.
    2214, effective October 1, 1991.
    ---------------------------------------------------------------------------
        (b) Limitations on Programs for Which Authority May Be
    Used.--Such authority to transfer amounts--
              (1) may not be used except to provide funds for a
            higher priority item, based on unforeseen military
            requirements, than the items for which the funds were
            originally appropriated; and
              (2) may not be used if the item to which the funds
            would be transferred is an item for which Congress has
            denied funds.
        (c) Notice to Congress.--The Secretary of Defense shall
    promptly notify the Congress of each transfer made under such
    authority to transfer amounts.
        (d) Limitations on Requests to Congress for
    Reprogrammings.--Neither the Secretary of Defense nor the
    Secretary of a military department may prepare or present to
    the Congress, or to any committee of either House of the
    Congress, a request with respect to a reprogramming of funds--
              (1) unless the funds to be transferred are to be used
            for a higher priority item, based on unforeseen
            military requirements, than the item for which the
            funds were originally appropriated; or
              (2) if the request would be for authority to
            reprogram amounts to an item for which the Congress has
            denied funds.

    Sec. 2215.\118\ Transfer of funds to other departments and agencies:
                        limitation

        Funds available for military functions of the Department of
    Defense may not be made available to any other department or
    agency of the Federal Government pursuant to a provision of law
    enacted after November 29, 1989, unless, not less than 30 days
    before such funds are made available to such other department
    or agency, the Secretary of Defense submits to the
    congressional defense committees \119\ a certification that
    making those funds available to such other department or agency
    is in the national security interest of the United States.
    ---------------------------------------------------------------------------
        \118\ Section was added by sec. 1106(a)(1) of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1750). Sec. 1502(a)(14)(A) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 503) added subsec.
    (a) designation and catchline. Sec. 1084(b)(1)(A) of the Ronald W.
    Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
    Law 108-375; 118 Stat. 2060) struck out subsec. (a) designation and
    catchline of ``Certification Required''.
        \119\ Sec. 1084(b)(1)(B) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2060) struck out ``congressional committees specified in subsection
    (b)'' and inserted in lieu thereof ``congressional defense
    committees''. Previously, sec. 1502(a)(14)(B) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    503) struck out ``to the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives'' and inserted in lieu thereof ``to the congressional
    committees specified in subsection (b)''.
        Sec. 1084(b)(1)(C) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2060) struck out subsec. (b), which, as amended, had designated
    congressional committees as the Committee on Armed Services and the
    Committee on Appropriations of the Senate, and the Committee on Armed
    Services and the Committee on Appropriations of the House of
    Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *

              CHAPTER 134--MISCELLANEOUS ADMINISTRATIVE PROVISIONS

    Subchapter I--Miscellaneous Authorities, Prohibitions, and Limitations
                        on the Use of Appropriated Funds

              * * * * * * *

    Sec. 2249a.\120\ Prohibition on providing financial assistance to
                        terrorist countries

        (a) Prohibition.--Funds available to the Department of
    Defense may not be obligated or expended to provide financial
    assistance to--
    ---------------------------------------------------------------------------
        \120\ Added by sec. 1341(a) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 485).
    ---------------------------------------------------------------------------
              (1) any country with respect to which the Secretary
            of State has made a determination under section
            6(j)(1)(A) of the Export Administration Act of 1979 (50
            U.S.C. App. 2405(j)(1)(A)); \121\
    ---------------------------------------------------------------------------
        \121\ Sec. 1073(a)(40) of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1902) struck out
    ``50 App. 2405(j)'' and inserted in lieu thereof ``50 U.S.C. App.
    2405(j)(1)(A)''.
    ---------------------------------------------------------------------------
              (2) any country identified in the latest report
            submitted to Congress under section 140 of the Foreign
            Relations Authorization Act, Fiscal Years 1988 and 1989
            (22 U.S.C. 2656f), as providing significant support for
            international terrorism; or
              (3) any other country that, as determined by the
            President--
                      (A) grants sanctuary from prosecution to any
                    individual or group that has committed an act
                    of international terrorism; or
                      (B) otherwise supports international
                    terrorism.
        (b) Waiver.--(1) The President may waive the application of
    subsection (a) to a country if the President determines--
              (A) that it is in the national security interests of
            the United States to do so; or
              (B) that the waiver should be granted for
            humanitarian reasons.
        (2) The President shall--
              (A) notify the Committee on Armed Services and the
            Committee on Foreign Relations of the Senate and the
            Committee on Armed Services \122\ and the Committee on
            International Relations of the House of Representatives
            at least 15 days before the waiver takes effect; and
    ---------------------------------------------------------------------------
        \122\ Sec. 1067(1) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (B) publish a notice of the waiver in the Federal
            Register.
        (c) Definition.--In this section, the term ``international
    terrorism'' has the meaning given that term in section 140(d)
    of the Foreign Relations Authorization Act, Fiscal Years 1988
    and 1989 (22 U.S.C. 2656f(d)).
              * * * * * * *

    Sec. 2249c.\123\ Authority to use appropriated funds for costs of
                        attendance of foreign visitors under Regional
                        Defense Counterterrorism Fellowship Program

        (a) Authority To Use Funds.--Under regulations prescribed
    by the Secretary of Defense, funds appropriated to the
    Department of Defense may be used to pay any costs associated
    with the attendance of foreign military officers, ministry of
    defense officials, or security officials at United States
    military educational institutions, regional centers,
    conferences, seminars, or other training programs conducted
    under the Regional Defense Counterterrorism Fellowship Program,
    including costs of transportation and travel and subsistence
    costs.
    ---------------------------------------------------------------------------
        \123\ Added by sec. 1221(a) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1651). Sec.
    1221(b) of that Act required the Secretary of Defense to notify
    Congress, not later than December 1, 2003, of the issuance and
    prescription of regulations to implement this section.
    ---------------------------------------------------------------------------
        (b) Limitation.--The total amount of funds used under the
    authority in subsection (a) in any fiscal year may not exceed
    $20,000,000.
        (c) Annual Report.--Not later than December 1 of each year,
    the Secretary of Defense shall submit to Congress a report on
    the administration of this section during the fiscal year ended
    in such year. The report shall include the following matters:
              (1) A complete accounting of the expenditure of
            appropriated funds for purposes authorized under
            subsection (a), including--
                      (A) the countries of the foreign officers and
                    officials for whom costs were paid; and
                      (B) for each such country, the total amount
                    of the costs paid.
              (2) The training courses attended by the foreign
            officers and officials, including a specification of
            which, if any, courses were conducted in foreign
            countries.
              (3) An assessment of the effectiveness of the
            Regional Defense Counterterrorism Fellowship Program in
            increasing the cooperation of the governments of
            foreign countries with the United States in the global
            war on terrorism.
              (4) A discussion of any actions being taken to
            improve the program.
              * * * * * * *

                       CHAPTER 137--PROCUREMENT GENERALLY

              * * * * * * *

    Sec. 2327.\124\ Contracts: consideration of national security
                        objectives

        (a) Disclosure of Ownership or Control by a Foreign
    Government.--The head of an agency shall require a firm or a
    subsidiary of a firm that submits a bid or proposal in response
    to a solicitation issued by the Department of Defense to
    disclose in that bid or proposal any significant interest in
    such firm or subsidiary (or, in the case of a subsidiary, in
    the firm that owns the subsidiary) that is owned or controlled
    (whether directly or indirectly) by a foreign government or an
    agent or instrumentality of a foreign government, if such
    foreign government is the government of a country that the
    Secretary of State determines under section 6(j)(1)(A) of the
    Export Administration Act of 1979 (50 U.S.C. 2405(j)(1)(A)) has
    repeatedly provided support for acts of international
    terrorism.
    ---------------------------------------------------------------------------
        \124\ Sec. 2327 was added by sec. 951 of Public Law 99-661 (100
    Stat. 3816). See also sec. 843 of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1720),
    requiring reports by defense contractors of dealings with terrorist
    countries.
    ---------------------------------------------------------------------------
        (b) Prohibition of Entering Into Contracts Against the
    Interests of the United States.--Except as provided in
    subsection (c), the head of an agency may not enter into a
    contract with a firm or a subsidiary of a firm if--
              (1) a foreign government owns or controls (whether
            directly or indirectly) a significant interest in such
            firm or subsidiary (or, in case of a subsidiary, in the
            firm that owns the subsidiary); and
              (2) such foreign government is the government of a
            country that the Secretary of State determines under
            section 6(j)(1)(A) of the Export Administration Act of
            1797 (50 U.S.C. 2405(j)(1)(A)) has repeatedly provided
            support for acts of international terrorism.
        (c) Waiver.--(1)(A) If the Secretary of Defense determines
    under paragraph (2) that entering into a contract with a firm
    or a subsidiary of a firm described in subsection (b) is not
    inconsistent with the national security objectives of the
    United States, the head of an agency may enter into a contract
    with such firm or subsidiary if in the best interests of the
    Government.\125\
    ---------------------------------------------------------------------------
        \125\ Sec. 1031(a)(16)(A) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1597) struck out
    ``after the date on which such head of an agency submits to Congress a
    report on the contract'' and inserted in lieu thereof ``if in the best
    interests of the Government''.
    ---------------------------------------------------------------------------
        (B) The Secretary shall maintain records of each contract
    entered into by reason of subparagraph (A). Such records \126\
    shall include the following:
    ---------------------------------------------------------------------------
        \126\ Sec. 1031(a)(16)(B) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1597) struck out
    ``A report under subparagraph (A)'' and inserted in lieu thereof ``The
    Secretary shall maintain records of each contract entered into by
    reason of subparagraph (A). Such records''. Sec. 1031(a)(16)(C) of that
    Act struck out subpara. (C), which had read as follows:
        ``(C) After the head of an agency submits a report to Congress
    under subparagraph (A) with respect to a firm or a subsidiary, such
    head of an agency is not required to submit a report before entering
    into any subsequent contract with such firm or subsidiary unless the
    information required to be included in such report under subparagraph
    (B) has materially changed since the submission of the previous
    report.''.
    ---------------------------------------------------------------------------
              (i) The identify of the foreign government concerned.
              (ii) The nature of the contract.
              (iii) The extent of ownership or control of the firm
            or subsidiary concerned (or, if appropriate in the case
            of a subsidiary, of the firm that owns the subsidiary)
            by the foreign government concerned or the agency or
            instrumentality of such foreign government.
              (iv) The reasons for entering into the contract.
        (2) Upon the request of the head of an agency, the
    Secretary of Defense shall determine whether entering into a
    contract with a firm or subsidiary described in subsection (b)
    is inconsistent with the national security objectives of the
    United States. In making such a determination, the Secretary of
    Defense shall consider the following:
              (A) The relationship of the United States with the
            foreign government concerned.
              (B) The obligations of the United States under
            international agreements.
              (C) The extent of the ownership or control of the
            firm or subsidiary (or, if appropriate in the case of a
            subsidiary, of the firm that owns the subsidiary) by
            the foreign government or an agent or instrumentality
            of the foreign government.
              (D) Whether payments made, or information made
            available, to the firm or subsidiary under the contract
            could be used for purposes hostile to the interests of
            the United States.
        (d) \127\ List of Firms Subject to Prohibition.--(1) The
    Secretary of Defense shall develop and maintain a list of all
    firms and subsidiaries of firms that the Secretary has
    identified as being subject to the prohibition in subsection
    (b).
    ---------------------------------------------------------------------------
        \127\ Sec. 843 of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85; 111 Stat. 1844) redesignated subsecs. (d)
    and (e) as subsecs. (f) and (g), and added new subsecs. (d) and (e).
    ---------------------------------------------------------------------------
        (2)(A) A person may request the Secretary to include on the
    list maintained under paragraph (1) any firm or subsidiary of a
    firm that the person believes to be owned or controlled by a
    foreign government described in subsection (b)(2). Upon receipt
    of such a request, the Secretary shall determine whether the
    conditions in paragraphs (1) and (2) of subsection (b) exist in
    the case of that firm or subsidiary. If the Secretary
    determines that such conditions do exist, the Secretary shall
    include the firm or subsidiary on the list.
        (B) A firm or subsidiary of a firm included on the list may
    request the Secretary to remove such firm or subsidiary from
    the list on the basis that it has been erroneously included on
    the list or its ownership circumstances have significantly
    changed. Upon receipt of such a request, the Secretary shall
    determine whether the conditions in paragraphs (1) and (2) of
    subsection (b) exist in the case of that firm or subsidiary. If
    the Secretary determines that such conditions do not exist, the
    Secretary shall remove the firm or subsidiary from the list.
        (C) The Secretary shall establish procedures to carry out
    this paragraph.
        (3) The head of an agency shall prohibit each firm or
    subsidiary of a firm awarded a contract by the agency from
    entering into a subcontract under that contract in an amount in
    excess of $25,000 with a firm or subsidiary included on the
    list maintained under paragraph (1) unless there is a
    compelling reason to do so. In the case of any subcontract
    requiring consent by the head of an agency, the head of the
    agency shall not consent to the award of the subcontract to a
    firm or subsidiary included on such list unless there is a
    compelling reason for such approval.
        (e) \127\ Distribution of List.--The Administrator of
    General Services shall ensure that the list developed and
    maintained under subsection (d) is made available to Federal
    agencies and the public in the same manner and to the same
    extent as the list of suspended and debarred contractors
    compiled pursuant to subpart 9.4 of the Federal Acquisition
    Regulation.
        (f) \127\ Applicability.--(1) This section does not apply
    to a contract for an amount less than $100,000.
        (2) This section does not apply to the Coast Guard or the
    National Aeronautics and Space Administration.
        (g) \127\ Regulations.--The Secretary of Defense, after
    consultation with the Secretary of State, shall prescribe
    regulations to carry out this section. Such regulations shall
    include a definition of the term ``significant interest.''
              * * * * * * *

        CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER
                                   COUNTRIES

            Subchapter I--Acquisition and Cross-Servicing Agreements

    Sec. 2341.\128\ Authority to acquire logistic support, supplies, and
                        services for elements of the armed forces deployed
                        outside the United States \129\
    ---------------------------------------------------------------------------

        \128\ Added as sec. 2321 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2341 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741).
        \129\ Sec. 1104(a) of Public Law 99-661 (100 Stat. 3963) struck out
    ``United States armed forces in Europe'' from the catchline, and
    inserted in lieu thereof ``elements of the armed forces deployed
    outside the United States''.
    ---------------------------------------------------------------------------
        Subject to section 2343 \130\ of this title and subject to
    the availability of appropriations, the Secretary of Defense
    may--
    ---------------------------------------------------------------------------
        \130\ Sec. 1304(a)(4) of Public Law 99-145 (99 Stat. 741) struck
    out ``section 2323'' and inserted in lieu thereof ``section 2343''.
    ---------------------------------------------------------------------------
              (1) \131\ acquire from the Governments of North
            Atlantic Treaty Organization countries,\132\ from North
            Atlantic Treaty Organization \133\ subsidiary bodies,
            and from the United Nations Organization or any
            regional international organization \132\ logistic
            support, supplies, and services for elements of the
            armed forces deployed outside the United States; \134\
            and
    ---------------------------------------------------------------------------
        \131\ Sec. 1104(a) of Public Law 99-661 (100 Stat. 3963) restated
    the text generally, designated it as para. (1), and added para. (2).
        \132\ Sec. 1317(a) of Public Law 103-337 (108 Stat. 2899) struck
    out ``and'' and inserted a comma after ``countries''; and added ``, and
    from the United Nations Organization or any regional international
    organization of which the United States is a member'' after
    ``subsidiary bodies''. Sec. 1204 of Public Law 109-163 (119 Stat. 3456)
    struck out ``of which the United States is a member''.
        \133\ Sec. 1312(a)(2) of Public Law 102-484 (106 Stat. 2547) struck
    out ``in which elements of the armed forces are deployed (or are to be
    deployed)'' after ``North Atlantic Treaty Organization''.
        \134\ Sec. 1312(a)(2) of Public Law 102-484 (106 Stat. 2547) struck
    out ``in such country or in the military region in which such country
    is located'' and inserted in lieu thereof ``outside the United
    States''.
    ---------------------------------------------------------------------------
              (2) \131\ acquire from any government not a member of
            the North Atlantic Treaty Organization logistic
            support, supplies, and services for elements of the
            armed forces deployed (or to be deployed) outside the
            United States if that country--
                      (A) has a defense alliance with the United
                    States;
                      (B) permits the stationing of members of the
                    armed forces in such country or the homeporting
                    of naval vessels of the United States in such
                    country;
                      (C) has agreed to preposition materiel of the
                    United States in such country; or
                      (D) serves as the host country to military
                    exercises which include elements of the armed
                    forces or permits other military operations by
                    the armed forces in such country.

    Sec. 2342.\135\ Cross-servicing \136\ agreements

        (a)(1) Subject to section 2343 of this title and to the
    availability of appropriations, and after consultation with the
    Secretary of State, the Secretary of Defense may enter into an
    agreement described in paragraph (2) with any of the following:
    \137\
    ---------------------------------------------------------------------------
        \135\ Added as sec. 2322 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2342 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741). Sec. 1104(a) of Public Law 99-661 (100 Stat.
    3963) amended and restated subsec. (a), designating para. (1), added
    paras. (2) and (3) of subsec. (a), and added subsecs. (b) through (d).
    Subsequently, sec. 1451(a) of Public Law 101-510 (104 Stat. 1692)
    further amended and restated subsec. (a) in two paragraphs.
        \136\ Sec. 1231(9) of Public Law 100-180 (101 Stat. 1160) struck
    out ``Cross servicing'' and inserted in lieu thereof ``Cross-
    servicing'' in the section catchline.
        \137\ Sec. 1317(b) of Public Law 103-337 (108 Stat. 2900) struck
    out ``with--'' and inserted in lieu thereof ``with any of the
    following:''; substituted ``The Government'' for the government'' and a
    period for a semicolon in subpara. (A); substituted ``A subsidiary''
    for ``a subsidiary'', and ``Organization'' for ``organization'' in
    subpara. (B); added subpara. (C); redesignated former subpara. (C) as
    subpara. (D); and substituted ``The government'' for ``the government''
    in subpara. (D).
    ---------------------------------------------------------------------------
              (A) The government of a North Atlantic Treaty
            Organization country.
              (B) A subsidiary body of the North Atlantic Treaty
            Organization.
              (C) The United Nations Organization or any regional
            international organization.\138\
    ---------------------------------------------------------------------------
        \138\ Sec. 1204 of Public Law 109-163 (119 Stat. 3456) struck out
    ``of which the United States is a member''.
    ---------------------------------------------------------------------------
              (D) The government of a country not a member of the
            North Atlantic Treaty Organization but which is
            designated by the Secretary of Defense, subject to the
            limitations prescribed in subsection (b), as a
            government with which the Secretary may enter into
            agreements under this section.
        (2) An agreement referred to in paragraph (1) is an
    agreement under which the United States agrees to provide
    logistic support, supplies, and services to military forces of
    a country or organization \139\ referred to in paragraph (1) in
    return for the reciprocal provisions of logistic support,
    supplies, and services by such government or organization \139\
    to elements of the armed forces.
    ---------------------------------------------------------------------------
        \139\ Sec. 1317(b)(2) of Public Law 103-337 (108 Stat. 2900) struck
    out ``subsidiary body'' and inserted in lieu thereof ``organization''.
    ---------------------------------------------------------------------------
        (b) The Secretary of Defense may not designate a country
    for an agreement under this section unless--\140\
    ---------------------------------------------------------------------------
        \140\ Sec. 1502(a)(16) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 504) struck out
    ``section--'' preceding para. (1), and inserted in lieu thereof
    ``section unless--''; struck out ``unless'' at the beginning of para.
    (1); and in para. (2), struck out ``notifies the Committees on Armed
    Services and Foreign Relations of the Senate and the Committees on
    Armed Services and Foreign Affairs of the House of Representatives''
    and inserted in lieu thereof ``the Secretary submits to the Committee
    on Armed Services and the Committee on Foreign Relations of the Senate
    and the Committee on National Security and the Committee on
    International Relations of the House of Representatives notice of the
    intended designation''. Sec. 1067(1) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    774) subsequently struck out ``Committee on National Security'' and
    inserted in lieu thereof ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (1) \140\ the Secretary, after consultation with the
            Secretary of State, determines that the designation of
            such country for such purpose is in the interest of the
            national security of the United States; and
              (2) in the case of a country which is not a member of
            the North Atlantic Treaty Organization, the Secretary
            submits to the Committee on Armed Services and the
            Committee on Foreign Relations of the Senate and the
            Committee on Armed Services and the Committee on
            International Relations of the House of Representatives
            notice of the intended designation \140\ at least 30
            days before the date on which such country is
            designated by the Secretary under subsection (a).
        (c) The Secretary of Defense may not use the authority of
    this subchapter \141\ to procure from any foreign government or
    international organization \142\ any goods or services
    reasonably available from United States commercial sources.
    ---------------------------------------------------------------------------
        \141\ Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) struck
    out ``this chapter'' and inserted in lieu thereof ``this subchapter''.
        \142\ Sec. 1317(b)(3) of Public Law 103-337 (108 Stat. 2900) struck
    out ``as a routine or normal source'' and inserted in lieu thereof
    ``organization''.
    ---------------------------------------------------------------------------
        (d) The Secretary shall prescribe regulations to ensure
    that contracts entered into under this subchapter \141\ are
    free from self-dealing, bribery, and conflict of interests.

    Sec. 2343.\143\ Waiver of applicability of certain laws

        Sections 2207, 2304(a), 2306(a), 2306(b), 2306(e), 2306a,
    and 2313 of this title and \144\ section 3741 of the Revised
    Statutes (41 U.S.C. 22) \144\ shall not apply to acquisitions
    made under the authority of section 2341 of this title or to
    agreements entered into under section 2342 of this title.
    ---------------------------------------------------------------------------
        \143\ Added as sec. 2323 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2343 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741). The section was substantially amended and
    restated by sec. 1317(c) of Public Law 103-337.
        The list of sections in title 10 for which applicability has been
    waived has been amended several times by: secs. 961(b) and 1304(a)(5)
    of Public Law 99-145 (99 Stat. 703, 741); sec. 7(g)(2) of Public Law
    100-26 (101 Stat. 282); and sec. 1233(d) of Public Law 100-456 (102
    Stat. 1535).
        \144\ Sec. 1061(a)(12) of Public Law 102-190 (105 Stat. 1473)
    inserted ``and'' after ``this title'', and struck out ``and section 719
    of the Defense Production Act of 1950 (50 U.S.C. App. 2168) before
    ``shall not apply''.
    ---------------------------------------------------------------------------

    Sec. 2344.\145\ Methods of payment for acquisitions and transfers by
                        the United States

        (a) Logistics support, supplies, and services may be
    acquired or transferred by the United States under the
    authority of this subchapter \146\ on a reimbursement basis or
    by replacement-in-kind or exchange of supplies or services of
    an equal value.\146\
    ---------------------------------------------------------------------------
        \145\ Added as sec. 2324 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1017). Redesignated as sec. 2344 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741).
        \146\ Secs. 931(e)(1) and 938(a) of Public Law 101-189 (103 Stat.
    1535, 1539) substituted ``this subchapter'' for ``this chapter'', and
    ``equal value'' in lieu of ``identical or substantially identical
    nature''.
    ---------------------------------------------------------------------------
        (b)(1) In entering into agreements with the Government of
    another North Atlantic Treaty Organization country or other
    foreign country \147\ for the acquisition or transfer of
    logistic support, supplies, and services on a reimbursement
    basis, the Secretary of Defense shall negotiate for adoption of
    the following pricing principles for reciprocal application:
    ---------------------------------------------------------------------------
        \147\ Sec. 1104(b) of Public Law 99-661 (100 Stat. 3964) inserted
    ``or other foreign country'' after ``country'' in subsec. (b), paras.
    (1) and (3).
    ---------------------------------------------------------------------------
              (A) The price charged by a supplying country for
            logistics support, supplies, and services specifically
            procured by the supplying country from its contractors
            for a recipient country shall be no less favorable than
            the price for identical items or services charged by
            such contractors to the armed forces of the supplying
            country, taking into account price differentials due to
            delivery schedules, points of delivery, and other
            similar considerations.
              (B) The price charged a recipient country for
            supplies furnished by a supplying country from its
            inventory, and the price charged a recipient country
            for logistics support and services furnished by the
            officers, employees, or governmental agencies of a
            supplying country, shall be the same as the price
            charged for identical supplies, support, or services
            acquired by an armed force of the supplying country
            from such governmental sources.
        (2) To the extent that the Secretary of Defense is unable
    to obtain mutual acceptance by the other country involved of
    the reciprocal pricing principles for reimbursable transactions
    set forth in paragraph (1)--
              (A) the United States may not acquire from such
            country any logistic support, supply, or service not
            governed by such reciprocal pricing principles unless
            the United States forces commander acquiring such
            support, supply, or service determines (after price
            analysis) that the price thereof is fair and
            reasonable; and
              (B) transfers by the United States to such country
            under this subchapter \148\ of any logistic support,
            supply, or service that is not governed by such
            reciprocal pricing principles shall be subject to the
            pricing provisions of the Arms Export Control Act (22
            U.S.C. 2751 et seq.).
    ---------------------------------------------------------------------------
        \148\ Originally enacted as ``this Act''. Amended to read ``this
    chapter'' by sec. 11(a)(8) of Public Law 97-22 (95 Stat. 138); further
    amended to read ``this subchapter'' by sec. 931(e)(1) of Public Law
    101-189 (103 Stat. 1535).
    ---------------------------------------------------------------------------
        (3) To the extent that indirect costs (including charges
    for plant and production equipment), administrative surcharges,
    and contract administration costs with respect to any North
    Atlantic Treaty Organization country or other foreign country
    \147\ are not waived by operation of the reciprocal pricing
    principles of paragraph (1), the Secretary of Defense may, on a
    reciprocal basis, agree to waive such costs.
        (4) The pricing principles set forth in paragraph (2) and
    the waiver authority provided in paragraph (3) shall also apply
    to agreements with North Atlantic Treaty Organization
    subsidiary bodies and the United Nations Organization or any
    regional international organization \149\ under this
    subchapter.
    ---------------------------------------------------------------------------
        \149\ Sec. 1317(d) of Public Law 103-337 (108 Stat. 2900) inserted
    ``and the United Nations Organization or any regional international
    organization of which the United States is a member''. Sec. 1204 of
    public Law 109-163 (119 Stat. 3456) struck out ``of which the United
    States is a member''.
    ---------------------------------------------------------------------------
        (c) \150\ In acquiring or transferring logistics support,
    supplies, or services under the authority of this subchapter
    \151\ by exchange of supplies or services, the Secretary of
    Defense may not agree to or carry out the following:
    ---------------------------------------------------------------------------
        \150\ Sec. 938(b) of Public Law 101-189 (103 Stat. 1539) added
    subsec. (c).
        \151\ Sec. 701(f)(2) of Public Law 102-25 (105 Stat. 115) struck
    out ``chapter'' and inserted in lieu thereof ``subchapter''.
    ---------------------------------------------------------------------------
              (1) Transfers in exchange for property the
            acquisition of which by the Department of Defense is
            prohibited by law.
              (2) Transfers of source, byproduct, or special
            nuclear materials or any other material, article, data,
            or thing of value the transfer of which is subject to
            the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
              (3) Transfers of chemical munitions.

    Sec. 2345.\152\ Liquidation of accrued credits and liabilities

        (a) \153\ Credits and liabilities of the United States
    accrued as a result of acquisitions and transfers of logistic
    support, supplies, and services under the authority of this
    subchapter \154\ shall be liquidated not less often than once
    every 12 months \155\ by direct payment to the entity supplying
    such support, supplies, or services by the entity receiving
    such support, supplies, or services.
    ---------------------------------------------------------------------------
        \152\ Added as sec. 2325 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2345 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741).
        \153\ Sec. 1104(c) of Public Law 99-661 (100 Stat. 3965) added
    subsec. designation ``(a)'' and added subsec. (b).
        \154\ Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535)
    substituted ``this subchapter'' for ``this chapter''.
        \155\ Sec. 1317(e) of Public Law 103-337 (108 Stat. 2900) struck
    out ``three months'' and inserted in lieu thereof ``12 months''.
    ---------------------------------------------------------------------------
        (b) \153\ Payment-in-kind or exchange entitlements accrued
    as a result of acquisitions and transfers of logistic support,
    supplies, and services under authority of this subchapter \154\
    shall be satisfied within 12 months after the date of the
    delivery of the logistic support, supplies, or services.

    Sec. 2346.\156\ Crediting of receipts

        Any receipt of the United States as a result of an
    agreement entered into under this subchapter \157\ shall be
    credited, at the option of the Secretary of Defense, to (1) the
    appropriation, fund, or account used in incurring the
    obligation, or (2) an appropriate appropriation, fund, or
    account currently available for the purposes for which the
    expenditures were made.
    ---------------------------------------------------------------------------
        \156\ Added as sec. 2326 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2346 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741). Sec. 1317(f) of Public Law 103-337 (108 Stat.
    2900) substantially amended and restated this section.
        \157\ Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535)
    substituted ``this subchapter'' for ``this chapter''.
    ---------------------------------------------------------------------------

    Sec. 2347.\158\ Limitation on amounts that may be obligated or accrued
                        by the United States

        (a)(1) \159\ Except during a period of active hostilities
    involving the armed forces,\160\ the total amount of
    reimbursable liabilities that the United States may accrue
    under this subchapter \161\ (before the computation of
    offsetting balances) with other member countries of the North
    Atlantic Treaty Organization, subsidiary bodies of the North
    Atlantic Treaty Organization,\160\ or from the United Nations
    Organization or any regional international organization of
    which the United States is a member may not exceed $200,000,000
    \162\ in any fiscal year, and of such amount not more than
    $50,000,000 in liabilities may be accrued for the acquisition
    of supplies (other than petroleum, oils, and lubricants).
    ---------------------------------------------------------------------------
        \158\ Added as sec. 2327 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2347 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741).
        \159\ Sec. 1104(d)(1) of Public Law 99-661 (100 Stat. 3965) added
    para. designation ``(1)'', and added para. (2).
        \160\ Sec. 1312(b)(1) of Public Law 102-484 (106 Stat. 2547) struck
    out ``North Atlantic Treaty Organization'' and inserted in lieu thereof
    ``armed forces''; and inserted ``with other member countries of the
    North Atlantic Treaty Organization and subsidiary bodies of the North
    Atlantic Treaty Organization'' after the parentheses. Sec. 1317(g)(1)
    of Public Law 103-337 (108 Stat. 2901) subsequently struck out
    ``Organization and subsidiary'' and inserted in lieu thereof
    ``Organization, subsidiary'', and added ``or from the United Nations
    Organization or any regional international organization of which the
    United States is a member'' after ``Treaty Organization''.
        \161\ Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535)
    substituted ``this subchapter'' for ``this chapter'' throughout the
    section.
        \162\ Sec. 1001 of Public Law 100-456 (102 Stat. 2037) struck out
    ``$100,000,000'' and inserted in lieu thereof ``$150,000,000''. Sec.
    1317(g)(1) of Public Law 103-337 (108 Stat. 2901) raised this amount to
    $200,000,000.
    ---------------------------------------------------------------------------
        (2) \163\ Except during a period of active hostilities
    involving the armed forces, the total amount of reimbursable
    liabilities that the United States may accrue under this
    subchapter \161\ (before the computation of offsetting
    balances) with a country which is not a member of the North
    Atlantic Treaty Organization, but with which the United States
    has one or more acquisition or cross-servicing agreements, may
    not exceed $60,000,000 \164\ in any fiscal year, and of such
    amount not more than $20,000,000 \165\ in liabilities may be
    accrued for the acquisition of supplies (other than petroleum,
    oils, and lubricants). The $60,000,000 \164\ limitation
    specified in this paragraph is in addition to the limitation
    specified in paragraph (1).
    ---------------------------------------------------------------------------
        \163\ Sec. 1312(b)(2) of Public Law 102-484 (106 Stat. 2547) struck
    out ``in the military region affecting'' and inserted in lieu thereof
    ``involving the armed forces, the total amount of reimbursable
    liabilities that the United States may accrue under this subchapter
    (before the computation of offsetting balances) with''; and struck out
    ``the total amount of reimbursable liabilities that the United States
    may accrue under this subchapter (before the computation of offsetting
    balances) with such country'' after ``cross-servicing agreements,''.
        \164\ Sec. 1317(g)(2) of Public Law 103-337 (108 Stat. 2901) struck
    out ``$10,000,000'' and inserted in lieu thereof ``$60,000,000''.
        \165\ Sec. 1317(g)(2) of Public Law 103-337 (108 Stat. 2901)
    substituted ``$20,000,000'' for ``$2,500,000''.
    ---------------------------------------------------------------------------
        (b)(1) \166\ Except during a period of active hostilities
    involving the armed forces,\167\ the total amount of
    reimbursable credits that the United States may accrue under
    this subchapter \161\ (before the computation of offsetting
    balances) with other member countries of the North Atlantic
    Treaty Organization, subsidiary bodies of the North Atlantic
    Treaty Organization,\167\ or from the United Nations
    Organization or any regional international organization of
    which the United States is a member may not exceed $150,000,000
    \168\ in any fiscal year.
    ---------------------------------------------------------------------------
        \166\ Sec. 1104(d)(2) of Public Law 99-661 (100 Stat. 3965) added
    para. designation ``(1)'', and added para. (2).
        \167\ Sec. 1312(b)(3) of Public Law 102-484 (106 Stat. 2547) struck
    out ``North Atlantic Treaty Organization'' and inserted in lieu thereof
    ``armed forces''; and inserted ``with other member countries of the
    North Atlantic Treaty Organization and subsidiary bodies of the North
    Atlantic Treaty Organization'' after the parentheses. Sec. 1317(g)(3)
    of Public Law 103-337 (108 Stat. 2901) subsequently struck out
    ``Organization and subsidiary'' and inserted in lieu thereof
    ``Organization, subsidiary'', and added ``or from the United Nations
    Organization or any regional international organization of which the
    United States is a member''.
        \168\ Sec. 1317(g)(3) of Public Law 103-337 (108 Stat. 2901) struck
    out ``$100,000,000'' and inserted in lieu thereof ``$150,000,000''.
    ---------------------------------------------------------------------------
        (2) Except during a period of active hostilities involving
    the armed forces,\169\ the total amount of reimbursable credits
    that the United States may accrue under this subchapter \161\
    (before the computation of offsetting balances) with a country
    which is not a member of the North Atlantic Treaty
    Organization, but with which the United States has one or more
    acquisition or cross-servicing agreements \170\ may not exceed
    $75,000,000 \171\ in any fiscal year. Such limitation specified
    in this paragraph is in addition to the limitation specified in
    paragraph (1).
    ---------------------------------------------------------------------------
        \169\ Sec. 1312(b)(4)(A) of Public Law 102-484 (106 Stat. 2547)
    struck out ``in the military region affecting a country referred to in
    paragraph (1)'' and inserted in lieu thereof ``involving the armed
    forces''.
        \170\ Sec. 1312(b)(4)(B) of Public Law 102-484 (106 Stat. 2547)
    struck out ``from such country (before computation of offsetting
    balances), and inserted in lieu thereof ``(before the computation of
    offsetting balances) with a country which is not a member of the North
    Atlantic Treaty Organization, but with which the United States has one
    or more acquisition or cross-servicing agreements''.
        \171\ Sec. 1317(g)(4) of Public Law 103-337 (108 Stat. 2901) struck
    out ``$10,000,000'' and inserted in lieu thereof ``$75,000,000''.
    ---------------------------------------------------------------------------
        (c) \172\ When the armed forces are involved in a
    contingency operation or in a non-combat operation (including
    an operation in support of the provision of humanitarian or
    foreign disaster assistance or in support of peacekeeping
    operations under chapter VI or VII of the Charter of the United
    Nations), the restrictions in subsections (a) and (b) are
    waived for the purposes and duration of that operation.
    ---------------------------------------------------------------------------
        \172\ Sec. 1317(g)(5) of Public Law 103-337 (108 Stat. 2901) added
    subsec. (c).
    ---------------------------------------------------------------------------

    Sec. 2348.\173\ Inventories of supplies not to be increased

        Inventories of supplies for elements of the armed forces
    may not be increased for the purpose of transferring supplies
    under the authority of this subchapter.\174\
    ---------------------------------------------------------------------------
        \173\ Added as sec. 2328 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1018). Redesignated as sec. 2348 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741).
        \174\ Originally enacted as ``this Act''. Amended to read ``this
    chapter'' by sec. 11(a)(8) of Public Law 97-22 (95 Stat. 138); further
    amended to read ``this subchapter'' by sec. 931(e)(1) of Public Law
    101-189 (103 Stat. 1535).
        Sec. 1104(e) of Public Law 99-661 (100 Stat. 3965) struck out ``to
    military forces of any North Atlantic Treaty Organization country or
    any North Atlantic Treaty Organization subsidiary body'' after
    ``chapter''.
        Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535) substituted
    ``this subchapter'' for ``this chapter''.
    ---------------------------------------------------------------------------

    Sec. 2349.\175\ Overseas Workload Program

        (a) In General.--A firm of any member nation of the North
    Atlantic Treaty Organization or of any major non-NATO ally
    shall be eligible to bid on any contract for the maintenance,
    repair, or overhaul of equipment of the Department of Defense
    located outside the United States to be awarded under
    competitive procedures as part of the program of the Department
    of Defense known as the Overseas Workload Program.
    ---------------------------------------------------------------------------
        \175\ Added by sec. 1431(a)(1) of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1832).
    ---------------------------------------------------------------------------
        (b) Site of Performance.--A contract awarded to a firm
    described in subsection (a) may be performed in the theater in
    which the equipment is normally located or in the country in
    which the firm is located.
        (c) Exceptions.--The Secretary of a military department may
    restrict the geographic region in which a contract referred to
    in subsection (a) may be performed if the Secretary determines
    that performance of the contract outside that specific region--
              (1) could adversely affect the military preparedness
            of the armed forces; or
              (2) would violate the terms of an international
            agreement to which the United States is a party.
        (d) Definition.--In this section, the term ``major non-NATO
    ally'' has the meaning given that term in section 2350a(i)(2)
    \176\ of this title.
    ---------------------------------------------------------------------------
        \176\ Sec. 1084(d)(18) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2062) struck out ``section 2350a(i)(3)'' and inserted in lieu thereof
    ``section 2350a(i)(2)''.
    ---------------------------------------------------------------------------

    Sec. 2349a.\177\ Annual report on non-NATO agreements

        (a) Report.--The Secretary of Defense shall submit to
    Congress, not later than January 15 of each of 1996, 1997,
    1998, 1999, and 2000, a report covering non-NATO cross-
    servicing and acquisition actions in effect during the
    preceding fiscal year.
    ---------------------------------------------------------------------------
        \177\ Added by sec. 1317(i)(1) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
    2902).
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--Each such report shall set
    forth in detail the following with respect to the preceding
    fiscal year:
              (1) The total dollar amounts involved.
              (2) A description of any services and equipment
            provided or received through those actions.
              (3) A description of any equipment provided through
            those actions that is not returned.
              (4) The volume of credits and liabilities accrued and
            liquidated.
        (c) Non-NATO Agreements.--For purposes of this section, a
    non-NATO cross-servicing and acquisition agreement is a cross-
    servicing and acquisition agreement under this subchapter that
    involves countries or organizations other than North Atlantic
    Treaty Organization countries or subsidiary bodies.

    Sec. 2350.\178\ Definitions

        In this subchapter: \179\
    ---------------------------------------------------------------------------
        \178\ Added as sec. 2331 by sec. 2(a) of Public Law 96-323 (94
    Stat. 1016). Redesignated as sec. 2350 by sec. 1304(a)(1) of Public Law
    99-145 (99 Stat. 741). Sec. 7(k)(2) of Public Law 100-26 (101 Stat.
    284) made technical corrections throughout the section.
        \179\ Sec. 931(e)(1) of Public Law 101-189 (103 Stat. 1535)
    substituted ``this subchapter'' for ``this chapter''.
    ---------------------------------------------------------------------------
              (1) \180\ The term ''logistic support, supplies, and
            services'' means food, billeting, transportation
            (including airlift), petroleum, oils, lubricants,
            clothing, communications services, medical services,
            ammunition, base operations support (and construction
            incident to base operations support), storage services,
            use of facilities, training services, spare parts and
            components, repair and maintenance services,
            calibration services, and port services. Such term
            includes temporary use of general purpose vehicles and
            other nonlethal items of military equipment which are
            not designated as significant military equipment on the
            United States Munitions List promulgated \181\ pursuant
            to section 38(a)(1) of the Arms Export Control Act.
    ---------------------------------------------------------------------------
        \180\ Sec. 1317(h)(1) of Public Law 103-337 (108 stat. 2901)
    inserted ``(including airlift)'' after ``transportation'',
    ``calibration services,'' after ``maintenance services,'', and ``Such
    term includes temporary use of general purpose vehicles and other items
    of military equipment not designated as part of the United States
    Munitions List pursuant to section 38(a)(1) of the Arms Export Control
    Act.'' at end.
        \181\ Sec. 1222 of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1937) struck out ``other
    items of military equipment not designated as part of the United States
    Munitions List'' and inserted in lieu thereof ``other nonlethal items
    of military equipment which are not designated as significant military
    equipment on the United States Munitions List promulgated''.
    ---------------------------------------------------------------------------
              (2) The term ''North Atlantic Treaty Organization
            subsidiary bodies'' means--
                      (A) any organization within the meaning of
                    the term ``subsidiary bodies'' in article I of
                    the multilateral treaty on the Status of the
                    North Atlantic Treaty Organisation, National
                    Representatives and International Staff, signed
                    at Ottawa on September 20, 1951 (TIAS 2992; 5
                    UST 1087); and
                      (B) any international military headquarters
                    or organization to which the Protocol on the
                    Status of International Military Headquarters
                    Set Up Pursuant to the North Atlantic Treaty,
                    signed at Paris on August 28, 1952 (TIAS 2978;
                    5 UST 870), applies.
              (3) \182\ The term ``military region'' means the
            geographical area of responsibility assigned to the
            commander of a unified combatant command (excluding
            Europe and adjacent waters).
    ---------------------------------------------------------------------------
        \182\ Sec. 1104(f) of Public Law 99-661 (100 Stat. 3965) added
    para. (3).
    ---------------------------------------------------------------------------
              (4) \183\ The term ``transfer'' means selling
            (whether for payment in currency, replacement-in-kind,
            or exchange of supplies or services of equal value),
            leasing, loaning, or otherwise temporarily providing
            logistic support, supplies, and services under the
            terms of a cross-servicing agreement.
    ---------------------------------------------------------------------------
        \183\ Sec. 1317(h) of Public Law 103-337 (108 Stat. 2901) added
    para. (4).
    ---------------------------------------------------------------------------

                  Subchapter II--Other Cooperative Agreements

    Sec. 2350a.\184\ Cooperative research and development agreements: NATO
                        organizations; allied and friendly foreign
                        countries

        (a) Authority To Engage in Cooperative R&D Projects.--(1)
    \185\ The Secretary of Defense may enter into a memorandum of
    understanding (or other formal agreement) with one or more
    countries or organizations referred to in paragraph (2) \186\
    for the purpose of conducting cooperative research and
    development projects on defense equipment and munitions.
    ---------------------------------------------------------------------------
        \184\ Sec. 2350a was added by sec. 931(a)(2) of the National
    Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
    101-189; 103 Stat. 1531) with the heading of ``Cooperative research and
    development projects: allied countries''. Sec. 1212(e) of the National
    Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
    Stat. 1250) restated the heading.
        \185\ Sec. 1212(a)(1)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1248) inserted
    ``(1)''.
        \186\ Sec. 1301(a) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) inserted ``or
    NATO organizations'' after ``major allies of the United States'' in
    subsecs. (a), (e)(2), and (i)(1) of this section. Sec. 1212(a)(1)(B) of
    the National Defense Authorization Act for Fiscal Year 2002 (Public Law
    107-107; 115 Stat. 1248) subsequently struck out ``major allies of the
    United States or NATO organizations'' and inserted in lieu thereof
    ``countries or organizations referred to in paragraph (2)''.
    ---------------------------------------------------------------------------
        (2) \187\ The countries and organizations with which the
    Secretary may enter into a memorandum of agreement (or other
    formal agreement) under paragraph (1) are as follows:
    ---------------------------------------------------------------------------
        \187\ Sec. 1212(a)(1)(C) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1248) added para.
    (2).
    ---------------------------------------------------------------------------
              (A) The North Atlantic Treaty Organization.
              (B) A NATO organization.
              (C) A member nation of the North Atlantic Treaty
            Organization.
              (D) A major non-NATO ally.
              (E) Any other friendly foreign country.
        (3) \188\ If such a memorandum of understanding (or other
    formal agreement) is with a country referred to in subparagraph
    (E) of paragraph (2), such memorandum (or agreement) may go
    into effect only after the Secretary submits to the Committees
    on Armed Services and on Foreign Relations of the Senate and to
    the Committees on Armed Services and on International Relations
    of the House of Representatives a report with respect to the
    proposed memorandum (or agreement) and a period of 30 days has
    passed after the report has been submitted.
    ---------------------------------------------------------------------------
        \188\ Sec. 1212(b) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) added para. (3).
    ---------------------------------------------------------------------------
        (b) Requirement That Projects Improve Conventional Defense
    Capabilities.--(1) The Secretary of Defense may not enter into
    a memorandum of understanding (or other formal agreement) to
    conduct a cooperative research and development project under
    this section unless the Secretary determines that the proposed
    project will improve, through the application of emerging
    technology, the conventional defense capabilities of the North
    Atlantic Treaty Organization \189\ or the common conventional
    defense capabilities of the United States and a country or
    organization referred to in subsection (a)(2).\190\
    ---------------------------------------------------------------------------
        \189\ Sec. 1212(a)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1248) struck out
    ``(NATO)'' after ``North Atlantic Treaty Organization''.
        \190\ Sec. 1212(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1248) struck out
    ``its major non-NATO allies'' and inserted in lieu thereof ``a country
    or organization referred to in subsection (a)(2)''.
    ---------------------------------------------------------------------------
        (2) The authority of the Secretary to make a determination
    under paragraph (1) may only be delegated to the Deputy
    Secretary of Defense and to one other official of the
    Department of Defense.\191\
    ---------------------------------------------------------------------------
        \191\ Sec. 1212(c) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out ``to
    the Deputy Secretary of Defense or the Under Secretary of Defense for
    Acquisition and Technology.'' and inserted in lieu thereof ``to the
    Deputy Secretary of Defense and to one other official of the Department
    of Defense.''. Previously, sec. 904(d)(1) of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1728) added ``and Technology'' to the Under Secretary's title.
    ---------------------------------------------------------------------------
        (c) Cost Sharing.--Each cooperative research and
    development project entered into under this section shall
    require sharing of the costs of the project (including the
    costs of claims) \192\ between the participants on an equitable
    basis.
    ---------------------------------------------------------------------------
        \192\ Sec. 843(b)(1) of Public Law 102-484 (106 Stat. 2469)
    inserted ``(including the costs of claims)'' after ``project'', with a
    stipulation for termination of the amendment. This stipulation was
    repealed by sec. 1318 of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2902).
    ---------------------------------------------------------------------------
        (d) Restrictions on Procurement of Equipment and
    Services.--(1) In order to assure substantial participation on
    the part of countries and organizations referred to in
    subsection (a)(2) \193\ in cooperative research and development
    projects, funds made available for such projects may not be
    used to procure equipment or services from any foreign
    government, foreign research organization, or other foreign
    entity.
    ---------------------------------------------------------------------------
        \193\ Sec. 1212(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``the major allies of the United States'' and inserted in lieu thereof
    ``countries and organizations referred to in subsection (a)(2)''.
    ---------------------------------------------------------------------------
        (2) A country or organization referred to in subsection
    (a)(2) \194\ may not use any military or economic assistance
    grant, loan, or other funds provided by the United States for
    the purpose of making the contributions of that country or
    organization \195\ to a cooperative research and development
    program entered into with the United States under this section.
    ---------------------------------------------------------------------------
        \194\ Sec. 1212(a)(3)(B)(i) of the National Defense Authorization
    Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck
    out ``major ally of the United States'' and inserted in lieu thereof
    ``country or organization referred to in subsection (a)(2)''.
        \195\ Sec. 1212(a)(3)(B)(ii) of the National Defense Authorization
    Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck
    out ``that ally's contribution'' and inserted in lieu thereof ``the
    contributions of that country or organization''.
    ---------------------------------------------------------------------------
        (e) Cooperative Opportunities Document.--(1)(A) In order to
    ensure that opportunities to conduct cooperative research and
    development projects are considered at an early point during
    the formal development review process of the Department of
    Defense in connection with any planned project of the
    Department, the Under Secretary of Defense for Acquisition,
    Technology, and Logistics \196\ shall prepare an arms
    cooperation opportunities document with respect to that project
    for review by the Defense Acquisition Board at formal meetings
    of the Board.
    ---------------------------------------------------------------------------
        \196\ Sec. 1048(b)(2) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1225) struck out
    ``Under Secretary of Defense for Acquisition and Technology'' and
    inserted in lieu thereof ``Under Secretary of Defense for Acquisition,
    Technology, and Logistics''. Previously, sec. 904(d)(1) of the National
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
    Stat. 1728) added ``and Technology'' to the Under Secretary's title.
    ---------------------------------------------------------------------------
        (B) The Under Secretary shall also prepare an arms
    cooperation opportunities document for review of each new
    project for which a document known as a Mission Need Statement
    is prepared.
        (2) An arms cooperation opportunities document referred to
    in paragraph (1) shall include the following:
              (A) A statement indicating whether or not a project
            similar to the one under consideration by the
            Department of Defense is in development or production
            by any country or organization referred to in
            subsection (a)(2) \197\ or NATO organizations.\186\
    ---------------------------------------------------------------------------
        \197\ Sec. 1212(a)(4)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``one or more of the major allies of the United States'' and inserted
    in lieu thereof ``any country or organization referred to in subsection
    (a)(2)''.
    ---------------------------------------------------------------------------
              (B) If a project similar to the one under
            consideration by the Department of Defense is in
            development or production by one or more countries and
            organizations referred to in subsection (a)(2),\198\ an
            assessment by the Under Secretary of Defense for
            Acquisition, Technology, and Logistics \196\ as to
            whether that project could satisfy, or could be
            modified in scope so as to satisfy, the military
            requirements of the project of the United States under
            consideration by the Department of Defense.
    ---------------------------------------------------------------------------
        \198\ Sec. 1212(a)(4)(B) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``major allies of the United States or NATO organizations'' and
    inserted in lieu thereof ``countries and organizations referred to in
    subsection (a)(2)''.
    ---------------------------------------------------------------------------
              (C) An assessment of the advantages and disadvantages
            with regard to program timing, developmental and life
            cycle costs, technology sharing, and Rationalization,
            Standardization, and Interoperability (RSI) of seeking
            to structure a cooperative development program with one
            or more countries and organizations referred to in
            subsection (a)(2) \199\ or NATO organizations.\186\
    ---------------------------------------------------------------------------
        \199\ Sec. 1212(a)(4)(C) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``major allies of the United States'' and inserted in lieu thereof
    ``countries and organizations referred to in subsection (a)(2)''.
    ---------------------------------------------------------------------------
              (D) The recommendation of the Under Secretary as to
            whether the Department of Defense should explore the
            feasibility and desirability of a cooperative
            development program with one or more countries and
            organizations referred to in subsection (a)(2) \200\ or
            NATO organizations.\186\
    ---------------------------------------------------------------------------
        \200\ Sec. 1212(a)(4)(D) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``major allies of the United States'' and inserted in lieu thereof
    ``countries and organizations referred to in subsection (a)(2)''.
    ---------------------------------------------------------------------------
        (f) \201\ * * *
    ---------------------------------------------------------------------------
        \201\ Sec. 1031(a)(17) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1597) struck out
    subsec. (f), which required the Under Secretary of Defense for
    Acquisition, Technology, and Logistics to report annually to Congress
    on cooperative research and development projects under this section.
    ---------------------------------------------------------------------------
        (g) Side-by-Side Testing.--(1) It is the sense of
    Congress--
              (A) that the Secretary of Defense should test
            conventional defense equipment, munitions, and
            technologies manufactured and developed by countries
            referred to in subsection (a)(2) \202\ to determine the
            ability of such equipment, munitions, and technologies
            to satisfy United States military requirements or to
            correct operational deficiencies; and
    ---------------------------------------------------------------------------
        \202\ Sec. 1053 of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1471)
    inserted ``and other friendly foreign countries'' after ``major allies
    of the United States'' in paras. (1)(A) and (4)(A). Subsequently, sec.
    1212(a)(5) of the National Defense Authorization Act for Fiscal Year
    2002 (Public Law 107-107; 115 Stat. 1249) struck out ``major allies of
    the United States and other friendly foreign countries'' and inserted
    in lieu thereof ``countries referred to in subsection (a)(2)''.
    ---------------------------------------------------------------------------
              (B) that while the testing of nondevelopmental items
            and items in the late state of the development process
            are preferred, the testing of equipment, munitions, and
            technologies may be conducted to determine procurement
            alternatives.
        (2) The Secretary of Defense may acquire equipment,
    munitions, and technologies of the type described in paragraph
    (1) for the purpose of conducting the testing described in that
    paragraph.
        (3) The Deputy Director, Defense Research and Engineering
    (Test and Evaluation) shall notify the Speaker of the House of
    Representatives and the Committees on Armed Services and on
    Appropriations of the Senate of the Deputy Director's intent to
    obligate funds made available to carry out this subsection not
    less than 30 days before such funds are obligated.
        (4) \203\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \203\ Sec. 1041(a)(9) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2645), struck out para. (4) of subsec. (g), which had required the
    Secretary of Defense to report annually to Congress on equipment,
    munitions, and technologies manufactured and developed by major allies.
    ---------------------------------------------------------------------------
        (h) Secretary To Encourage Similar Programs.--The Secretary
    of Defense shall encourage member nations of the North Atlantic
    Treaty Organization, major non-NATO allies, and other friendly
    foreign countries \204\ to establish programs similar to the
    one provided for in this section.
    ---------------------------------------------------------------------------
        \204\ Sec. 1212(a)(6) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``major allies of the United States'' and inserted in lieu thereof
    ``member nations of the North Atlantic Treaty Organization, major non-
    NATO allies, and other friendly foreign countries''.
    ---------------------------------------------------------------------------
        (i) Definitions.--In this section:
              (1) The term ``cooperative research and development
            project'' means a project involving joint participation
            by the United States and one or more countries and
            organizations referred to in subsection (a)(2) \205\
            under a memorandum of understanding (or other formal
            agreement) to carry out a joint research and
            development program--
    ---------------------------------------------------------------------------
        \205\ Sec. 1212(a)(7)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) struck out
    ``major allies of the United States or NATO organizations'' and
    inserted in lieu thereof ``countries and organizations referred to in
    subsection (a)(2)''.
    ---------------------------------------------------------------------------
                      (A) to develop new conventional defense
                    equipment and munitions; or
                      (B) to modify existing military equipment to
                    meet United States military requirements.
              (2) \206\ The term ``major non-NATO ally'' means a
            country (other than a member nation of the North
            Atlantic Treaty Organization) that is designated as a
            major non-NATO ally for purposes of this section by the
            Secretary of Defense with the concurrence of the
            Secretary of State.
    ---------------------------------------------------------------------------
        \206\ Sec. 1212(a)(7)(B) and (C) of the National Defense
    Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
    1249) struck out para. (2) and redesignated paras. (3) and (4) as
    paras. (2) and (3), respectively. Former para. (2) had read as follows:
        ``(2) The term `major ally of the United States' means--
    ---------------------------------------------------------------------------

      ``(A) a member nation of the North Atlantic Treaty Organization (other
    than the United States); or

      ``(B) a major non-NATO ally.''.

              (3) \207\ The term ``NATO organization'' means any
            North Atlantic Treaty Organization subsidiary body
            referred to in section 2350(2) of this title and any
            other organization of the North Atlantic Treaty
            Organization.
    ---------------------------------------------------------------------------
        \207\ Sec. 1301(b) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) added this
    paragraph.
    ---------------------------------------------------------------------------

    Sec. 2350b.\208\ Cooperative projects under Arms Export Control Act:
                        acquisition of defense equipment

        (a)(1) If the President delegates to the Secretary of
    Defense the authority to carry out section 27(d) of the Arms
    Export Control Act (22 U.S.C. 2767(d)), relating to cooperative
    projects (as defined in such section), the Secretary may
    utilize his authority under this title in carrying out
    contracts or obligations incurred under such section.
    ---------------------------------------------------------------------------
        \208\ Sec. 2350b was added as 2407 by sec. 1102(b) of the
    Department of Defense Authorization Act, 1986 (Public Law 99-145; 99
    Stat. 710), with the title of ``Acquisition of defense equipment under
    cooperative projects''. It was subsequently redesignated as sec. 2350b
    and retitled by sec. 931(b) of the National Defense Authorization Act
    for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1534).
    References to ``NATO'' cooperative projects were removed by sec. 1103
    of Public Law 99-661 (100 Stat. 3816).
    ---------------------------------------------------------------------------
        (2) Except as provided in subsection (c), chapter 137 of
    this title shall apply to such contracts (referred to in
    paragraph (1)) entered into by the Secretary of Defense. Except
    to the extent waived under subsection (c) or some other
    provision of law, all other provisions of law relating to
    procurement, if otherwise applicable, shall apply to such
    contracts entered into by the Secretary of Defense.
        (b) When contracting or incurring obligations under section
    27(d) of the Arms Export Control Act for cooperative projects,
    the Secretary of Defense may require subcontracts to be awarded
    to particular subcontractors in furtherance of the cooperative
    project.
        (c)(1) Subject to paragraph (2), when entering into
    contracts or incurring obligations under section 27(d) of the
    Arms Export Control Act outside the United States, the
    Secretary of Defense may waive with respect to any such
    contract or subcontract the application of any provision of
    law, other than a provision of the Arms Export Control Act or
    section 2304 of this title, that specifically prescribes--\209\
    ---------------------------------------------------------------------------
        \209\ Sec. 4321(b)(10)(A) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 672) struck out
    ``specifically--'' and inserted in lieu thereof ``specifically
    prescribes--'', and struck out ``prescribe'' at the beginning of each
    of subparas. (A) through (D).
    ---------------------------------------------------------------------------
              (A) procedures to be followed in the formation of
            contracts;
              (B) terms and conditions to be included in contracts;
              (C) requirements for or preferences to be given to
            goods grown, produced, or manufactured in the United
            States or in United States Government-owned facilities
            or for services to be performed in the United States;
            or
              (D) requirements regulating the performance of
            contracts.
        (2) A waiver may not be made under paragraph (1) unless the
    Secretary determines that the waiver is necessary to ensure
    that the cooperative project will significantly further
    standardization, rationalization, and interoperability.
        (3) The authority of the Secretary to make waivers under
    this subsection may be delegated only to the Deputy Secretary
    of Defense or the Acquisition Executive designated for the
    Office of the Secretary of Defense.
        (d)(1) The Secretary of Defense shall notify the Congress
    each time he requires that a prime contract be awarded to a
    particular prime contractor or that a subcontract be \210\
    awarded to a particular subcontractor to comply with a
    cooperative agreement. The Secretary shall include in each such
    notice the reason for exercising his authority to designate a
    particular contractor or subcontractor, as the case may be.
    ---------------------------------------------------------------------------
        \210\ Sec. 4321(b)(10)(B) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 672) struck out
    ``subcontract to be'' and inserted in lieu thereof ``subcontract be''.
    ---------------------------------------------------------------------------
        (2) The Secretary shall also notify the Congress each time
    he exercises a waiver under subsection (c) and shall include in
    such notice the particular provision or provisions of law that
    were waived.
        (3) A report under this subsection shall be required only
    to the extent that the information required by this subsection
    has not been provided in a report made by the President under
    section 27(e) of the Arms Export Control Act (22 U.S.C.
    2767(e)).
        (e)(1) In carrying out a cooperative project under section
    27 of the Arms Export Control Act, the Secretary of Defense may
    agree that a participant (other than the United States) or a
    NATO organization \211\ may make a contract for requirements of
    the United States under the project if the Secretary determines
    that such a contract will significantly further
    standardization, rationalization, and interoperability. Except
    to the extent waived under this section or under any other
    provision of law, the Secretary shall ensure that such contract
    will be made on a competitive basis and that United States
    sources will not be precluded from competing under the
    contract.
    ---------------------------------------------------------------------------
        \211\ Sec. 1335(1) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 484) inserted ``or a
    NATO organization'' after ``(other than the United States)''.
    ---------------------------------------------------------------------------
        (2) If a participant (other than the United States) in a
    cooperative project makes a contract on behalf of such project
    to meet the requirements of the United States, the contract may
    permit the contracting party to follow its own procedures
    relating to contracting.
        (f) In carrying out such a cooperative project or a NATO
    organization,\212\ the Secretary of Defense may also agree to
    the disposal of property that is jointly acquired by the
    members of the project without regard to any laws of the United
    States applicable to the disposal of property owned by the
    United States. Disposal of such property may include a transfer
    of the interest of the United States in such property to one of
    the other governments participating in the cooperative
    agreement or the sale of such property. Payment for the
    transfer or sale of any interest of the United States in any
    such property shall be made in accordance with the terms of the
    cooperative agreement.
    ---------------------------------------------------------------------------
        \212\ Sec. 1335(2) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 484) struck out ``a
    cooperative project'' and inserted in lieu thereof ``such a cooperative
    project or a NATO organization''.
    ---------------------------------------------------------------------------
        (g) Nothing in this section shall be construed as
    authorizing the Secretary of Defense--\213\
    ---------------------------------------------------------------------------
        \213\ Sec. 1084(d)(19) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2062) inserted ``the Secretary of Defense'' after ``authorizing'' in
    subsec. (g), and struck out ``the Secretary of Defense'' from subsec.
    (g)(1), following ``(1)''.
    ---------------------------------------------------------------------------
              (1) \213\ to waive any of the financial management
            responsibilities administered by the Secretary of the
            Treasury; or
              (2) to waive the cargo preference laws of the United
            States, including the Military Cargo Preference Act of
            1904 (10 U.S.C. 2631) and the Cargo Preference Act of
            1954 (46 U.S.C. 1241(b)).

    Sec. 2350c.\214\ Cooperative military airlift agreements: allied
                        countries

        (a) Subject to the availability of appropriations, and
    after consultation with the Secretary of State, the Secretary
    of Defense may enter into cooperative military airlift
    agreements with the government of any allied country for the
    transportation of the personnel and cargo of the military
    forces of that country on aircraft operated by or for the
    military forces of the United States in return for the
    reciprocal transportation of the personnel and cargo of the
    military forces of the United States on aircraft operated by or
    for the military forces of that allied country. Any such
    agreement shall include the following terms:
    ---------------------------------------------------------------------------
        \214\ Sec. 2350c was enacted as sec. 2213 by sec. 1125(a) of the
    DOD Authorization Act, 1983 (Public Law 97-252; 96 Stat. 757), with the
    title of ``Cooperative military airlift agreements''; and redesignated
    as sec. 2350c and retitled by sec. 931(b)(2) of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
    103 Stat. 1534).
    ---------------------------------------------------------------------------
              (1) The rate of reimbursement for transportation
            provided shall be the same for each party and shall be
            not less than the rate charged to military forces of
            the United States, as determined by the Secretary of
            Defense under section 2208(h) of this title.
              (2) Credits and liabilities accrued as a result of
            providing or receiving transportation shall be
            liquidated \215\ as agreed upon by the parties.
            Liquidation shall be either by direct payment to the
            country that has provided the greater amount of
            transportation or by the providing of in-kind
            transportation services to that country. The
            liquidation shall occur on a regular basis, but not
            less often than once every 12 months.
    ---------------------------------------------------------------------------
        \215\ Sec. 1311(a) of Public Law 102-484 (106 Stat. 2547) struck
    out ``not less often than once every 3 months by direct payment to the
    country that has provided the greater amount of transportation.''
    following ``liquidation'', and text beginning with ``as agreed upon''
    was inserted in its place.
    ---------------------------------------------------------------------------
              (3) During peacetime, the only military airlift
            capacity that may be used to provide transportation is
            that capacity that (A) is not needed to meet the
            transportation requirements of the military forces of
            the country providing the transportation, and (B) was
            not created solely to accommodate the requirements of
            the military forces of the country receiving the
            transportation.
              (4) Defense articles purchased by an allied country
            from the United States under the Arms Export Control
            Act (22 U.S.C. 2751 et seq.) or from a commercial
            source under the export controls of the Arms Export
            Control Act may not be transported (for the purpose of
            delivery incident to the purchase of the defense
            articles) to the purchasing allied country on aircraft
            operated by or for the military forces of the United
            States except at a rate of reimbursement that is equal
            to the full cost of transportation of the defense
            articles, as required by section 21(a)(3) of the Arms
            Export Control Act (22 U.S.C. 2761(a)(3)).
        (b) Subject to the availability of appropriations, and
    after consultation with the Secretary of State, the Secretary
    of Defense may enter into nonreciprocal military airlift
    agreements with North Atlantic Treaty Organization subsidiary
    bodies for the transportation of the personnel and cargo of
    such subsidiary bodies on aircraft operated by or for the
    military forces of the United States. Any such agreement shall
    be subject to such terms as the Secretary of Defense considers
    appropriate.
        (c) Any amount received by the United States as a result of
    an agreement entered into under this section shall be credited
    to applicable appropriations, accounts, and funds of the
    Department of Defense.
        (d) \216\ In this section:
    ---------------------------------------------------------------------------
        \216\ Sec. 1222 of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (H.R. 5408, enacted by reference
    in Public Law 106-398; 114 Stat. 1654) struck out subsec. (d) and
    redesignated subsec. (e) as subsec. (d). Former subsec. (d), as
    amended, had read as follows:
        ``(d) Notwithstanding subchapter I, the Secretary of Defense may
    enter into military airlift agreements with allied countries only under
    the authority of this section.''.
    ---------------------------------------------------------------------------
              (1) The term ``allied country'' means any of the
            following:
                      (A) A country that is a member of the North
                    Atlantic Treaty Organization.
                      (B) Australia, New Zealand, Japan, and the
                    Republic of Korea.\217\
    ---------------------------------------------------------------------------
        \217\ Sec. 1311(b) of Public Law 102-484 (106 Stat. 2547) struck
    out ``or New Zealand'', and inserted in lieu thereof ``, New Zealand,
    Japan, and the Republic of Korea''.
    ---------------------------------------------------------------------------
                      (C) Any other country designated as an allied
                    country for the purposes of this section by the
                    Secretary of Defense with the concurrence of
                    the Secretary of State.
              (2) The term ``North Atlantic Treaty Organization
            subsidiary bodies'' has the meaning given to it by
            section 2331 of this title.

    Sec. 2350d.\218\ Cooperative logistic support agreements: NATO
                        countries

        (a) General Authority.--(1) The Secretary of Defense may
    enter into bilateral or multilateral agreements known as Weapon
    System Partnership Agreements with one or more governments of
    other member countries of the North Atlantic Treaty
    Organization (NATO) participating in the operation of the NATO
    Maintenance and Supply Organization. Any such agreement shall
    be for the purpose of providing cooperative logistics support
    for the armed forces of the countries which are parties to the
    agreement. Any such agreement--
    ---------------------------------------------------------------------------
        \218\ Sec. 931(c) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1534) added
    sec. 2350d.
    ---------------------------------------------------------------------------
              (A) shall be entered into pursuant to the terms of
            the charter of the NATO Maintenance and Supply
            Organization; and
              (B) shall provide for the common logistic support of
            a specific weapon system common to the participating
            countries.
        (2) Such an agreement may provide for--
              (A) the transfer of logistics support, supplies, and
            services by the United States to the NATO Maintenance
            and Supply Organization; and
              (B) the acquisition of logistics support, supplies,
            and services by the United States from that
            Organization.
        (b) Authority of Secretary.--Under the terms of a Weapon
    System Partnership Agreement, the Secretary of Defense--
              (1) may agree that the NATO Maintenance and Supply
            Organization may enter into contracts for supply and
            acquisition of logistics support in Europe for
            requirements of the United States, to the extent the
            Secretary determines that the procedures of such
            Organization governing such supply and acquisition are
            appropriate; and
              (2) may share the costs of set-up charges of
            facilities for use by the NATO Maintenance and Supply
            Organization to provide cooperative logistics support
            and in the costs of establishing a revolving fund for
            initial acquisition and replenishment of supply stocks
            to be used by the NATO Maintenance and Supply
            Organization to provide cooperative logistics support.
        (c) Sharing of Administrative Expenses.--Each Weapon System
    Partnership Agreement shall provide for joint management by the
    participating countries and for the equitable sharing of the
    administrative costs and costs of claims \219\ incident to the
    agreement.
    ---------------------------------------------------------------------------
        \219\ Sec. 843(b)(2) of Public Law 102-484 (106 Stat. 2469)
    inserted ``and costs of claims'' after administrative costs'', with a
    stipulation for termination of the amendment. This stipulation was
    repealed by sec. 1318 of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2902).
    ---------------------------------------------------------------------------
        (d) Application of Chapter 137.--Except as otherwise
    provided in this section, the provisions of chapter 137 of this
    title apply to a contract entered into by the Secretary of
    Defense for the acquisition of logistics support under a Weapon
    System Partnership Agreement.
        (e) Application of Arms Export Control Act.--Any transfer
    of defense articles or defense services to a member country of
    the North Atlantic Treaty Organization or to the NATO
    Maintenance and Supply Organization for the purposes of a
    Weapon System Partnership Agreement shall be carried out in
    accordance this chapter and \220\ with the Arms Export Control
    Act (22 U.S.C. 2751 et seq.).
    ---------------------------------------------------------------------------
        \220\ Sec. 938(c) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1539), added
    ``this chapter and''.
    ---------------------------------------------------------------------------
        (f) Supplemental Authority.--The authority of the Secretary
    of Defense under this section is in addition to the authority
    of the Secretary under subchapter I and any other provision of
    law.

    Sec. 2350e.\221\ NATO Airborne Warning and Control System (AWACS)
                        program: authority of Secretary of Defense

        (a) Authority Under AWACS Program.--The Secretary of
    Defense, in carrying out an AWACS memorandum of understanding,
    may do the following:
    ---------------------------------------------------------------------------
        \221\ Sec. 932(a) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1536) added
    sec. 2350e. Sec. 2350e(d), which provided for the expiration of this
    authority, was struck out by sec. 1413 of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1829). Originally intended to expire on September 30, 1991, that date
    had been amended to extend the authority until September 30, 1993, by
    sec. 1051(2) of the National Defense Authorization Act for Fiscal Years
    1992 and 1993 (Public Law 102-190; 105 Stat. 1470).
    ---------------------------------------------------------------------------
              (1) Waive reimbursement for the cost of the following
            functions performed by personnel other than personnel
            employed in the United States Air Force Airborne
            Warning and Control System (AWACS) program office:
                      (A) Auditing.
                      (B) Quality assurance.
                      (C) Codification.
                      (D) Inspection.
                      (E) Contract administration.
                      (F) Acceptance testing.
                      (G) Certification services.
                      (H) Planning, programming, and management
                    services.
              (2) Waive any surcharge for administrative services
            otherwise chargeable.
              (3) In connection with that Program, assume
            contingent liability for--
                      (A) program losses resulting from the gross
                    negligence of any contracting officer of the
                    United States;
                      (B) identifiable taxes, customs duties, and
                    other charges levied within the United States
                    on the program; and
                      (C) the United States share of the unfunded
                    termination liability.
        (b) Contract Authority Limitation.--Authority under this
    section to enter into contracts shall be effective for any
    fiscal year only to such extent or in such amounts as are
    provided in appropriation Acts.
        (c) Definition.--In this section, the term ``AWACS
    memorandum of understanding'' means--
              (1) the Multilateral Memorandum of Understanding
            Between the North Atlantic Treaty Organization (NATO)
            Ministers of Defence on the NATO E-3A Cooperative
            Programme, signed by the Secretary of Defense on
            December 6, 1978;
              (2) the Memorandum of Understanding for Operations
            and Support of the NATO Airborne Early Warning and
            Control Force, signed by the United States Ambassador
            to NATO on September 26, 1984; \222\
    ---------------------------------------------------------------------------
        \222\ Sec. 1051(1) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1470) struck
    out ``and'' at the end of para. (2); redesignated para. (3) as (4);
    inserted a new para. (3).
    ---------------------------------------------------------------------------
              (3) \222\ the Addendum to the Multilateral Memorandum
            of Understanding Between the North Atlantic Treaty
            Organization (NATO) Ministers of Defense on the NATO E-
            3A Cooperative Programme (dated December 6, 1978)
            relating to the modernization of the NATO Airborne
            Early Warning and Control (NAEW&C) System, dated
            December 7, 1990; and
              (4) \222\ any other follow-on support agreement for
            the NATO E-3A Cooperative Programme.

    Sec. 2350f.\223\ Procurement of communications support and related
                        supplies and services

        (a) As an alternative means of obtaining communications
    support and related supplies and services, the Secretary of
    Defense, subject to the approval of the Secretary of State, may
    enter into a bilateral arrangement with any allied country or
    allied international organization or may enter into a
    multilateral arrangement with allied countries and allied
    international organizations,\224\ under which, in return for
    being provided communications support and related supplies and
    services, the United States would agree to provide to the
    allied country or countries or allied international
    organization or allied international organizations, as the case
    may be,\225\ an equivalent value of communications support and
    related supplies and services. The term of an arrangement
    entered into under this subsection may not exceed five
    years.\226\
    ---------------------------------------------------------------------------
        \223\ Sec. 2350f was enacted as sec. 2401a by sec. 1005 of the
    Department of Defense Authorization Act, 1985 (Public Law 98-525; 98
    Stat. 2492 at 2578); and redesignated as sec. 2350f by sec. 933(a) of
    the National Defense Authorization Act for Fiscal Years 1990 and 1991
    (Public Law 101-189; 103 Stat. 1537).
        \224\ Sec. 933(b)(1) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537)
    inserted text to this point beginning with ``a bilateral arrangement'',
    and struck out ``an arrangement with the Minister of Defense or other
    appropriate official of any allied country or with the North Atlantic
    Treaty Organization (NATO)''.
        \225\ Sec. 933(b)(2) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), struck
    out ``such country or NATO'' and inserted in lieu thereof text to this
    point beginning with ``the allied country or countries or''.
        \226\ Sec. 933(b)(3) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), added
    this last sentence.
    ---------------------------------------------------------------------------
        (b)(1) \227\ Any arrangement entered into under this
    section shall require that any accrued credits and liabilities
    resulting from an unequal exchange of communications support
    and related supplies and services during the term of such
    arrangement would be liquidated by direct payment to the party
    having provided the greater amount of communications support
    and related supplies and services. Liquidations may be made at
    such times as the parties in an arrangement may agree upon, but
    in no case may final liquidation in the case of an arrangement
    be made later than 30 days after the end of the term for which
    the arrangement was entered into; and \227\
    ---------------------------------------------------------------------------
        \227\ Sec. 933(c) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1537), added
    para. designation (1); added para. (2); designated the last sentence of
    para. (1) as para. (3); and added the last sentence to para. (1).
    ---------------------------------------------------------------------------
        (2) \227\ Parties to an arrangement entered into under this
    section shall annually reconcile accrued credits and
    liabilities accruing under such agreement. Any liability of the
    United States resulting from a reconciliation shall be charged
    against the applicable appropriation available to the
    Department of Defense (at the time of the reconciliation) for
    obligation for communications support and related supplies and
    services.
        (3) \227\ Payments received by the United States shall be
    credited to the appropriation from which such communications
    support and related supplies and services have been provided.
        (c) \228\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \228\ Sec. 1041(a)(10) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2645) struck out subsec. (c), which had required the Secretary of
    Defense to submit to the Committees on Armed Services copies of all
    documents evidencing an arrangement entered into under subsec. (a) not
    later than 45 days after entering into such an arrangement.
    ---------------------------------------------------------------------------
        (d) \229\ In this section:
    ---------------------------------------------------------------------------
        \229\ Sec. 933(d) of Public Law 101-189 struck out ``In this
    section, the term `allied country' means--'' from subsec. (d), inserted
    in lieu thereof ``In this section:''; redesignated clauses (1) and (2)
    as (A) and (B), respectively; made technical corrections to clauses
    redesignated as (A) and (B); and added a new clause (C) and para. (2).
    ---------------------------------------------------------------------------
              (1) The term ``allied country'' means--
                      (A) a country that is a member of the North
                    Atlantic Treaty Organization; \230\
    ---------------------------------------------------------------------------
        \230\ Sec. 1484(k)(8) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1719) struck out ``,
    or'' here and inserted a semicolon.
    ---------------------------------------------------------------------------
                      (B) Australia, New Zealand, Japan, or the
                    Republic of Korea; or
                      (C) any other country designated as an allied
                    country for purposes of this section by the
                    Secretary of Defense with the concurrence of
                    the Secretary of State.
              (2) The term ``allied international organization''
            means the North Atlantic Treaty Organization (NATO) or
            any other international organization designated as an
            allied international organization for the purposes of
            this section by the Secretary of Defense with the
            concurrence of the Secretary of State.

    Sec. 2350g.\231\ Authority to accept use of real property, services,
                        and supplies from foreign countries in connection
                        with mutual defense agreements and occupational
                        arrangements

      (a) Authority To Accept.--The Secretary of Defense may accept
    from a foreign country, for the support of any element of the
    armed forces in an area of that country--
    ---------------------------------------------------------------------------
        \231\ Sec. 1451(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1693) added sec. 2350g.
    Sec. 1032(a)(3) of the National Defense Authorization Act for Fiscal
    Year 2000 (Public Law 106-65; 113 Stat. 751) struck out subsec. (b),
    which had required the Secretary of Defense to report quarterly on
    property, services and supplies accepted pursuant to this section, and
    redesignated subsecs. (c) and (d) as subsecs. (b) and (c).
    ---------------------------------------------------------------------------
              (1) real property or the use of real property and
            services and supplies for the United States or for the
            use of the United States in accordance with a mutual
            defense agreement or occupational arrangement; and
              (2) services furnished as reciprocal international
            courtesies or as services customarily made available
            without charge.
      (b) \231\ Authority to Use Property, Services, and
    Supplies.--Property, services, or supplies referred to in
    subsection (a) may be used by the Secretary of Defense without
    specific authorization, except that such property, services,
    and supplies may not be used in connection with any program,
    project, or activity if the use of such property, services, or
    supplies would result in the violation of any prohibition or
    limitation otherwise applicable to that program, project, or
    activity.
        (c) \232\ Periodic Audits by GAO.--The Comptroller General
    of the United States shall make periodic audits of money and
    property accepted under this section, at such intervals as the
    Comptroller General determines to be warranted. The Comptroller
    General shall submit to Congress a report on the results of
    each such audit.
    ---------------------------------------------------------------------------
        \232\ Sec. 1105(a) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1749) amended and
    restated subsec. (d), redesignated as subsec. (c) by sec. 1032(a)(3)(B)
    of the National Defense Authorization Act for Fiscal Year 2000 (Public
    Law 106-65; 113 Stat. 751).
    ---------------------------------------------------------------------------

    Sec. 2350h.\233\ Memorandums of agreement: Department of Defense
                        ombudsman for foreign signatories

      The Secretary of Defense shall designate an official to act
    as ombudsman within the Department of Defense on behalf of
    foreign governments who are parties to memorandums of agreement
    with the United States concerning acquisition matters under the
    jurisdiction of the Secretary of Defense. The official so
    designated shall assist officials of those foreign governments
    in understanding and complying with procedures and requirements
    of the Department of Defense (and, as appropriate, other
    departments and agencies of the United States) insofar as they
    relate to any such memorandum of agreement.
    ---------------------------------------------------------------------------
        \233\ Sec. 1452(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1694) added sec. 2350h.
    Sec. 1452(b) of that Act also provided that: ``The official required to
    be designated under section 2350(h) of title 10, United States Code, as
    added by subsection (a), shall be designated by the Secretary of
    Defense not later than 90 days after the date of the enactment of this
    Act.''.
    ---------------------------------------------------------------------------

    Sec. 2350i.\234\ Foreign contributions for cooperative projects

      (a) Crediting of Contributions.--Whenever the United States
    participates in a cooperative project with a friendly foreign
    country or the North Atlantic Treaty Organization (NATO) on a
    cost-sharing basis, any contribution received by the United
    States from that foreign country or NATO to meet its share of
    the costs of the project may be credited to appropriations
    available to an appropriate military department or another
    appropriate organization within the Department of Defense, as
    determined by the Secretary of Defense.
    ---------------------------------------------------------------------------
        \234\ Sec. 1047(a) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1467) added
    sec. 2350i.
    ---------------------------------------------------------------------------
      (b) Use of Amounts Credited.--The amount of a contribution
    credited pursuant to subsection (a) to an appropriation account
    in connection with a cooperative project referred to in that
    subsection shall be available only for payment of the share of
    the project expenses allocated to the foreign country or NATO
    making the contribution. Payments for which such amount is
    available include the following:
              (1) Payments to contractors and other suppliers
            (including the Department of Defense and other
            participants acting as suppliers) for necessary
            articles and services.
              (2) Payments for any damages and costs resulting from
            the performance or cancellation of any contract or
            other obligation.
              (3) Payments or reimbursements of other program
            expenses, including program office overhead and
            administrative costs.
              (4) Refunds to other participants.
      (c) Definitions.--In this section:
              (1) The term ``cooperative project'' means a jointly
            managed arrangement, described in a written cooperative
            agreement entered into by the participants, that--
                      (A) is undertaken by the participants in
                    order to improve the conventional defense
                    capabilities of the participants; and
                      (B) provides for--
                              (i) one or more participants (other
                            than the United States) to share with
                            the United States the cost of research
                            and development, testing, evaluation,
                            or joint production (including follow-
                            on support) of defense articles;
                              (ii) the United States and another
                            participant concurrently to produce in
                            the United States and the country of
                            such other participant a defense
                            article jointly developed in a
                            cooperative project described in clause
                            (i); or
                              (iii) the United States to procure a
                            defense article or a defense service
                            from another participant in the
                            cooperative project.
              (2) The term ``defense article'' has the meaning
            given such term in section 47(3) of the Arms Export
            Control Act (22 U.S.C. 2794(3)).
              (3) The term ``defense service'' has the meaning
            given such term in section 47(4) of the Arms Export
            Control Act (22 U.S.C. 2794(4)).

    Sec. 2350j.\235\ Burden sharing contributions by designated countries
                        and regional organizations

      (a) Authority To Accept Contributions.--The Secretary of
    Defense, after consultation with the Secretary of State, may
    accept cash contributions from any country or regional
    organization designated for purposes of this section by the
    Secretary of Defense, in consultation with the Secretary of
    State,\236\ for the purposes specified in subsection (c).
    ---------------------------------------------------------------------------
        \235\ Sec. 1402(a) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1826) added this
    section heading, and incorporated as text of a new sec. 2350j, the
    language enacted as sec. 1045 of the National Defense Authorization Act
    for Fiscal Years 1992 and 1993 (Public Law 101-190), as amended, and
    further amended by sec. 1402(b) of Public Law 103-160.
        \236\ Sec. 1402(a)(2)(A)(iv) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1826) inserted
    ``from any country or regional organization designated for purposes of
    this section by the Secretary of Defense, in consultation with the
    Secretary of State''. Sec. 1070(a)(10)(A) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
    2856) inserted a comma after ``Secretary of State'' at this point.
    ---------------------------------------------------------------------------
      (b) \237\ Accounting.--Contributions accepted under
    subsection (a) which are not related to security assistance may
    be accepted, managed, and expended in dollars or in the
    currency of the host nation (or, in the case of a contribution
    from a regional organization, in the currency in which the
    contribution was provided). Any such contribution shall be
    placed in an account established for such purpose and shall
    remain available until expended for the purposes specified in
    subsection (c). The Secretary of Defense shall establish a
    separate account for such purpose for each country or regional
    organization from which such contributions are accepted under
    subsection (a).
    ---------------------------------------------------------------------------
        \237\ Sec. 1331(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) amended and
    restated subsec. (b).
    ---------------------------------------------------------------------------
      (c) Availability of Contributions.--Contributions accepted
    under subsection (a) shall be available only for the payment of
    the following costs:
              (1) Compensation for local national employees of the
            Department of Defense.
              (2) Military construction projects of the Department
            of Defense.
              (3) Supplies and services of the Department of
            Defense.
      (d) Authorization of Military Construction.--Contributions
    placed in an account established under subsection (b) \238\ may
    be used--
    ---------------------------------------------------------------------------
        \238\ Sec. 1331(b) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) struck out
    ``credited under subsection (b) to an appropriation account of the
    Department of Defense'' and inserted in lieu thereof ``placed in an
    account established under subsection (b)''.
    ---------------------------------------------------------------------------
              (1) by the Secretary of Defense to carry out a
            military construction project that is consistent with
            the purposes for which the contributions were made and
            is not otherwise authorized by law; or
              (2) by the Secretary of a military department, with
            the approval of the Secretary of Defense, to carry out
            such a project.
      (e) Notice and Wait Requirements.--(1) When a decision is
    made to carry out a military construction project under
    subsection (d), the Secretary of Defense shall submit to the
    congressional defense committees a report \239\ containing--
    ---------------------------------------------------------------------------
        \239\ Sec. 1043(b)(12)(A) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1611) struck out
    ``congressional committees specified in subsection (g)'' and inserted
    in lieu thereof ``congressional defense committees''. Previously, sec.
    1331(c)(1) of the National Defense Authorization Act for Fiscal Year
    1996 (Public Law 104-106; 110 Stat. 482) struck out ``a report to the
    congressional defense committees'' and inserted in lieu thereof ``to
    the congressional committees specified in subsection (g) a report''.
    ---------------------------------------------------------------------------
              (A) an explanation of the need for the project;
              (B) the then current estimate of the cost of the
            project; and
              (C) a justification for carrying out the project
            under that subsection.
      (2) The Secretary of Defense or the Secretary of a military
    department may not commence a military construction project
    under subsection (d) until the end of the 21-day period
    beginning on the date on which the Secretary of Defense submits
    the report under paragraph (1) regarding the project or, if
    earlier, the end of the 14-day period beginning on the date on
    which a copy of that report is provided in an electronic medium
    pursuant to section 480 of this title.\240\
    ---------------------------------------------------------------------------
        \240\ Sec. 1031(a)(18) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1597) inserted
    ``or, if earlier, the end of the 14-day period beginning on the date on
    which a copy of that report is provided in an electronic medium
    pursuant to section 480 of this title''.
    ---------------------------------------------------------------------------
        (3) \241\ (A) A military construction project under
    subsection (d) may be carried out without regard to the
    requirement in paragraph (1) and the limitation in paragraph
    (2) if the project is necessary to support the armed forces in
    the country or region in which the project is carried out by
    reason of a declaration of war, or a declaration by the
    President of a national emergency pursuant to the National
    Emergencies Act (50 U.S.C. 1601 et seq.), that is in force at
    the time of the commencement of the project.
    ---------------------------------------------------------------------------
        \241\ Sec. 2801(a) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 845) added para. (3).
    ---------------------------------------------------------------------------
        (B) When a decision is made to carry out a military
    construction project under subparagraph (A), the Secretary of
    Defense shall submit to the congressional defense committees--
    \242\
    ---------------------------------------------------------------------------
        \242\ Sec. 1043(b)(12)(A) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1611) struck out
    ``congressional committees specified in subsection (g)'' and inserted
    in lieu thereof ``congressional defense committees''.
    ---------------------------------------------------------------------------
              (i) a notice of the decision; and
              (ii) a statement of the current estimated cost of the
            project, including the cost of any real property
            transaction in connection with the project.
      (f) Reports.--Not later than 30 days after the end of each
    fiscal year, the Secretary of Defense shall submit to \243\
    Congress a report specifying separately for each country and
    regional organization from which contributions have been
    accepted by the Secretary under subsection (a)--
    ---------------------------------------------------------------------------
        \243\ Sec. 1070(a)(10)(B) of the National Defense Authorization Act
    for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) struck out
    ``the'' at this point.
    ---------------------------------------------------------------------------
              (1) the amount of the contributions accepted by the
            Secretary during the preceding fiscal year under
            subsection (a) and the purposes for which the
            contributions were made; and
              (2) the amount of the contributions expended by the
            Secretary during the preceding fiscal year and the
            purposes for which the contributions were expended.
        (g) \244\ * * *
    ---------------------------------------------------------------------------
        \244\ Sec. 1043(b)(12)(B) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1611) struck out
    subsec. (g), which, as amended, defined ``congressional committees'' as
    the Committee on Armed Services and the Committee on Appropriations of
    the Senate, and the Committee on Armed Services and the Committee on
    Appropriations of the House of Representatives.
    ---------------------------------------------------------------------------

    Sec. 2350k.\245\ Relocation within host nation of elements of armed
                        forces overseas

        (a) Authority To Accept Contributions.--The Secretary of
    Defense may accept contributions from any nation because of or
    in support of the relocation of elements of the armed forces
    from or to any location within that nation. Such contributions
    may be accepted in dollars or in the currency of the host
    nation. Any such contribution shall be placed in an account
    established for such purpose and shall remain available until
    expended for the purposes specified in subsection (b). The
    Secretary shall establish a separate account for such purpose
    for each country from which such contributions are accepted.
    ---------------------------------------------------------------------------
        \245\ Sec. 1332(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 482) added a new sec.
    2350k.
    ---------------------------------------------------------------------------
        (b) Use of Contributions.--The Secretary may use a
    contribution accepted under subsection (a) only for payment of
    costs incurred in connection with the relocation concerning
    which the contribution was made. Those costs include the
    following:
              (1) Design and construction services, including
            development and review of statements of work, master
            plans and designs, acquisition of construction, and
            supervision and administration of contracts relating
            thereto.
              (2) Transportation and movement services, including
            packing, unpacking, storage, and transportation.
              (3) Communications services, including installation
            and deinstallation of communications equipment,
            transmission of messages and data, and rental of
            transmission capability.
              (4) Supply and administration, including acquisition
            of expendable office supplies, rental of office space,
            budgeting and accounting services, auditing services,
            secretarial services, and translation services.
              (5) Personnel costs, including salary, allowances and
            overhead of employees whether full-time or part-time,
            temporary or permanent (except for military personnel),
            and travel and temporary duty costs.
              (6) All other clearly identifiable expenses directly
            related to relocation.
        (c) Method of Contribution.--Contributions may be accepted
    in any of the following forms:
              (1) Irrevocable letter of credit issued by a
            financial institution acceptable to the Treasurer of
            the United States.
              (2) Drawing rights on a commercial bank account
            established and funded by the host nation, which
            account is blocked such that funds deposited cannot be
            withdrawn except by or with the approval of the United
            States.
              (3) Cash, which shall be deposited in a separate
            trust fund in the United States Treasury pending
            expenditure and which shall accrue interest in
            accordance with section 9702 of title 31.
      (d) \246\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \246\ Sec. 1041(a)(11) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2645) struck out subsec. (d), which had required the Secretary of
    Defense to submit an annual report to Congress on contributions under
    subsec. (a).
    ---------------------------------------------------------------------------

    Sec. 2350l.\247\ Cooperative agreements for reciprocal use of test
                        facilities: foreign countries and international
                        organizations
    ---------------------------------------------------------------------------

        \247\ Added by sec. 1213(a) of the National Defense Authorization
    Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1250).
    ---------------------------------------------------------------------------
        (a) Authority.--The Secretary of Defense, with the
    concurrence of the Secretary of State, may enter into a
    memorandum of understanding (or other formal agreement) with a
    foreign country or international organization to provide for
    the testing, on a reciprocal basis, of defense equipment (1) by
    the United States using test facilities of that country or
    organization, and (2) by that country or organization using
    test facilities of the United States.
        (b) Payment of Costs.--A memorandum or other agreement
    under subsection (a) shall provide that, when a party to the
    agreement uses a test facility of another party to the
    agreement, the party using the test facility is charged by the
    party providing the test facility in accordance with the
    following principles:
              (1) The user party shall be charged the amount equal
            to the direct costs incurred by the provider party in
            furnishing test and evaluation services by the
            providing party's officers, employees, or governmental
            agencies.
              (2) The user party may also be charged indirect costs
            relating to the use of the test facility, but only to
            the extent specified in the memorandum or other
            agreement.
        (c) Determination of Indirect Costs; Delegation of
    Authority.--(1) The Secretary of Defense shall determine the
    appropriateness of the amount of indirect costs charged by the
    United States pursuant to subsection (b)(2).
        (2) The Secretary may delegate the authority under
    paragraph (1) only to the Deputy Secretary of Defense and to
    one other official of the Department of Defense.
        (d) Retention of Funds Collected by the United States.--
    Amounts collected by the United States from a party using a
    test facility of the United States pursuant to a memorandum or
    other agreement under this section shall be credited to the
    appropriation accounts from which the costs incurred by the
    United States in providing such test facility were paid.
        (e) Definitions.--In this section:
              (1) The term ``direct cost'', with respect to the use
            of a test facility pursuant to a memorandum or other
            agreement under subsection (a)--
                      (A) means any item of cost that is easily and
                    readily identified to a specific unit of work
                    or output within the test facility where the
                    use occurred, that would not have been incurred
                    if such use had not occurred; and
                      (B) may include costs of labor, materials,
                    facilities, utilities, equipment, supplies, and
                    any other resources of the test facility that
                    are consumed or damaged in connection with--
                              (i) the use; or
                              (ii) the maintenance of the test
                            facility for purposes of the use.
              (2) The term ``indirect cost'', with respect to the
            use of a test facility pursuant to a memorandum or
            other agreement under subsection (a)--
                      (A) means any item of cost that is not easily
                    and readily identified to a specific unit of
                    work or output within the test facility where
                    the use occurred; and
                      (B) may include general and administrative
                    expenses for such activities as supporting base
                    operations, manufacturing, supervision,
                    procurement of office supplies, and utilities
                    that are accumulated costs allocated among
                    several users.
              (3) The term ``test facility'' means a range or other
            facility at which testing of defense equipment may be
            carried out.
              * * * * * * *

                     CHAPTER 139--RESEARCH AND DEVELOPMENT

              * * * * * * *

    Sec. 2370. * * * [Repealed--1996] \248\
    ---------------------------------------------------------------------------

        \248\ Sec. 2370, which had required the Secretary of Defense to
    report annually on biological defense research, was repealed by sec.
    1061(j)(1) of the National Defense Authorization Act for Fiscal Year
    1996 (Public Law 104-106; 110 Stat. 442). Originally enacted by sec.
    241(a) of the National Defense Authorization Act for Fiscal Year 1991
    (Public Law 101-510; 104 Stat. 1516).
    ---------------------------------------------------------------------------

    Sec. 2370a. * * * [Repealed--2004] \249\
    ---------------------------------------------------------------------------

        \249\ Added by sec. 214(a) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1586); repealed
    by sec. 1005(a) of the Ronald W. Reagan National Defense Authorization
    Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2036).
    Pertained to funding restrictions for development of medical
    countermeasures against biowarfare threats: allocation of funding
    between near-term and other threats.
    ---------------------------------------------------------------------------
              * * * * * * *

               CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS

              * * * * * * *

    Sec. 2390.\250\ Prohibition on the sale of certain defense articles
                        from the stocks of the Department of Defense

        (a)(1) Except as provided in subsections (b) and (c), the
    sale outside the Department of Defense of any defense article
    designated or otherwise classified as Prepositioned Material
    Configured to Unit Sets, as decrement stock, or as
    Prepositioned War Reserve Stocks for United States Forces is
    prohibited.
    ---------------------------------------------------------------------------
        \250\ Sec. 2390 was enacted as sec. 975 by sec. 815(a) of the DOD
    Authorization Act, 1979 (Public Law 95-485; 96 Stat. 1625); and
    redesignated as sec. 2390 by sec. 1622(b) of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
    103 Stat. 1604).
    ---------------------------------------------------------------------------
        (2) In this section, the term ``decrement stock'' means
    such stock as is needed to bring the armed forces from a peace
    time level of readiness to a combat level of readiness.
        (b) The President may authorize the sale outside the
    Department of Defense of a defense article described in
    subsection (a) if--
              (1) he determines that there is an international
            crisis affecting the national security of the United
            States and the sale of such article is in the best
            interests of the United States; and
              (2) he reports to the Congress not later than 60 days
            after the transfer of such article a plan for the
            prompt replenishment of the stocks of such article and
            the planned budget request to begin implementation of
            that plan.
        (c)(1) Nothing in this section shall preclude the sale of
    stocks which have been designated for replacement,
    substitution, or elimination or which have been designated for
    sale to provide funds to procure higher priority stocks.
        (2) Nothing in this section shall preclude the transfer or
    sale of equipment to other members of the North Atlantic Treaty
    Organization.
              * * * * * * *

    Sec. 2410i.\251\ Prohibition on contracting with entities that comply
                        with the secondary Arab boycott of Israel

        (a) Policy.--Under section 3(5)(A) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2402(5)(A)), it is
    the policy of the United States to oppose restrictive trade
    practices or boycotts fostered or imposed by foreign countries
    against other countries friendly to the United States or
    against any other United States person.
    ---------------------------------------------------------------------------
        \251\ Added by sec. 1332(a) of Public Law 102-484 (106 Stat. 2555).
    ---------------------------------------------------------------------------
        (b) Prohibition.--(1) Consistent with the policy referred
    to in subsection (a), the Department of Defense may not award a
    contract for an amount in excess of the small purchase
    threshold (as defined in section 4(11) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 403(11))) to a foreign entity
    unless that entity certifies to the Secretary of Defense that
    it does not comply with the secondary Arab boycott of Israel.
        (2) In paragraph (1), the term ``foreign entity'' means a
    foreign person, a foreign company, or any other foreign entity.
        (c) Waiver Authority.--The Secretary of Defense may waive
    the prohibition in subsection (b) in specific instances when
    the Secretary determines that the waiver is necessary in the
    national security interests of the United States. Within 15
    days after the end of each fiscal year, the Secretary shall
    submit to Congress a report identifying each contract for which
    a waiver was granted under this subsection during that fiscal
    year.
        (d) Exceptions.--Subsection (b) does not apply--
              (1) to contracts for consumable supplies, provisions,
            or services that are intended to be used for the
            support of United States forces or of allied forces in
            a foreign country; or
              (2) to contracts pertaining to the use of any
            equipment, technology, data, or services for
            intelligence or classified purposes by the United
            States Government in the interests of national security
            or to the acquisition or lease of any such equipment,
            technology, data, or services by the United States
            Government in the interests of national security.
              * * * * * * *

                  CHAPTER 145--CATALOGING AND STANDARDIZATION

              * * * * * * *

    Sec. 2457.\252\ Standardization of equipment with North Atlantic Treaty
                        Organization members

        (a) It is the policy of the United States to standardize
    equipment, including weapons systems, ammunition, and fuel,
    procured for the use of the armed forces of the United States
    stationed in Europe under the North Atlantic Treaty or at least
    to make that equipment interoperable with equipment of other
    members of the North Atlantic Treaty Organization. To carry out
    this policy, the Secretary of Defense shall--
    ---------------------------------------------------------------------------
        \252\ Public Law 97-295 consolidated a number of provisions enacted
    in previous years concerning NATO standardization issues, made
    technical and conforming amendments, and codified the new language at
    10 U.S.C. 2457. Portions of this text originated in the following acts:
    sec. 302(c) of the DOD Authorization Act, 1975 (Public Law 93-365; 88
    Stat. 399); sec. 814 of the DOD Authorization Act, 1976 (Public Law 94-
    106; 89 Stat. 531); sec. 803 of the DOD Authorization Act, 1977 (Public
    Law 94-361; 90 Stat. 923); and sec. 1121 of the DOD Authorization Act,
    1983 (Public Law 97-252; 96 Stat. 754). Public Law 97-295 repealed the
    above mentioned provisions relating to NATO standardization.
    ---------------------------------------------------------------------------
              (1) assess the costs and possible loss of nonnuclear
            combat effectiveness of the military forces of the
            members of the Organization caused by the failure of
            the members to standardize equipment;
              (2) maintain a list of actions to be taken, including
            an evaluation of the priority and effect of the action,
            to standardize equipment that may improve the overall
            nonnuclear defense capability of the Organization or
            save resources for the Organization; and
              (3) initiate and carry out, to the maximum extent
            feasible, procurement procedures to acquire
            standardized or interoperable equipment, considering
            the cost, function, quality, and availability of the
            equipment.
        (b) Progress in realizing the objectives of standardization
    and interoperability would be enhanced by expanded inter-Allied
    procurement of arms and equipment within the North Atlantic
    Treaty Organization. Expanded inter-Allied procurement would be
    made easier by greater reliance on licensing and coproduction
    cooperative agreements among the signatories of the North
    Atlantic Treaty. If constructed to preserve the efficiencies
    associated with economies of scale, the agreements could
    minimize potential economic hardship to parties to the
    agreements and increase the survivability, in time of war, of
    the North Atlantic Alliance's armaments production base by
    dispersing manufacturing facilities. In conjunction with other
    members of the Organization and to the maximum extent feasible,
    the Secretary shall--
              (1) identify areas in which those cooperative
            agreements may be made with members of the Alliance;
            and
              (2) negotiate those agreements.
        (c)(1) It is the sense of Congress that weapons systems
    being developed wholly or primarily for employment in the North
    Atlantic Treaty Organization theater should conform to a common
    Organization requirement in order to proceed toward joint
    doctrine and planning and to facilitate maximum feasible
    standardization and interoperability of equipment, and that a
    common Organization requirement should be understood to include
    a common definition of the military threat to the members of
    the Organization.
        (2) It is further the sense of Congress that
    standardization of weapons and equipment within the
    Organization on the basis of a ``two-way street'' concept of
    cooperation in defense procurement between Europe and North
    America can only work in a realistic sense if the European
    nations operate on a united and collective basis. Therefore,
    the governments of Europe are encouraged to accelerate their
    present efforts to achieve European armaments collaboration
    among all European members of the Organization.
        (d) \253\ * * *
    ---------------------------------------------------------------------------
        \253\ Sec. 1031(a)(22) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1598) struck out
    subsec. (d), which, as amended, had required the Secretary of Defense
    to report to Congress biennially on NATO procurement.
    ---------------------------------------------------------------------------
        (e) If the Secretary decides that procurement of equipment
    manufactured outside the United States is necessary to carry
    out the policy of subsection (a), the Secretary may determine
    under section 2 of the Buy American Act (41 U.S.C. 10a) \254\
    that acquiring that equipment manufactured in the United States
    is inconsistent with the public interest.
    ---------------------------------------------------------------------------
        \254\ Sec. 1503(a)(24) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 512) struck out
    ``title III of the Act of March 3, 1933 (41 U.S.C. 10a),'' and inserted
    in lieu thereof ``the Buy American Act (41 U.S.C. 10a)''.
    ---------------------------------------------------------------------------
        (f) The Secretary shall submit the results of each
    assessment and evaluation made under subsection (a)(1) and (2)
    to the appropriate North Atlantic Treaty Organization Body to
    become an integral part of the overall Organization review of
    force goals and development of force plans.
              * * * * * * *

     CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
                       INVESTMENT, AND DEFENSE CONVERSION

              * * * * * * *

     Subchapter III--Programs for Development, Application, and Support of
                             Dual-Use Technologies

              * * * * * * *

    Sec. 2517.\255\ Office for Foreign Defense Critical Technology
                        Monitoring and Assessment

      (a) In General.--The Secretary of Defense shall establish
    within the Office of the Director of Defense Research and
    Engineering an office known as the ``Office for Foreign Defense
    Critical \255\ Technology Monitoring and Assessment''
    (hereinafter in this section referred to as the ``Office'').
    ---------------------------------------------------------------------------
        \255\ Sec. 821(a) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1426) added
    this section as sec. 2525. Sec. 4227 of Public Law 102-484 (106 Stat.
    2685) redesignated as sec. 2517, and inserted ``Critical'' after
    ``Foreign Defense'' in subsec. (a).
    ---------------------------------------------------------------------------
      (b) Relationship to Department of Commerce.--The head of the
    Office shall consult closely with appropriate officials of the
    Department of Commerce in order--
              (1) to minimize the duplication of any effort of the
            Department of Commerce by the Department of Defense
            regarding the monitoring of foreign activities related
            to defense critical technologies that have potential
            commercial uses; and
              (2) to ensure that the Office is effectively utilized
            to disseminate information to users of such information
            within the Federal Government.
      (c) Responsibilities.--The Office shall have the following
    responsibilities:
              (1) To maintain within the Department of Defense a
            central library for the compilation and appropriate
            dissemination of unclassified and classified
            information and assessments regarding significant
            foreign activities in research, development, and
            applications of defense critical technologies.
              (2) To establish and maintain--
                      (A) a widely accessible unclassified data
                    base of information and assessments regarding
                    foreign science and technology activities that
                    involve defense critical technologies,
                    including, especially, activities in Europe and
                    in Pacific Rim countries; and
                      (B) a classified data base of information and
                    assessments regarding such activities.
              (3) To perform liaison activities among the military
            departments, Defense Agencies, and other appropriate
            elements of the Department of Defense, with appropriate
            agencies and offices of the Department of Commerce and
            the Department of State, and with other departments and
            agencies of the Federal Government in order to ensure
            that significant activities in research, development,
            and applications of defense critical technologies are
            identified, monitored, and assessed by an appropriate
            department or agency of the Federal Government.
              (4) To ensure the maximum practicable public
            availability of information and assessments contained
            in the unclassified data bases established pursuant to
            paragraph (2)--
                      (A) by limiting, to the maximum practicable
                    extent, restrictive classification of such
                    information and assessments; and
                      (B) by disseminating to the National
                    Technical Information Service of the Department
                    of Commerce information and assessments
                    regarding defense critical technologies having
                    potential commercial uses.
              (5) To disseminate through the National Technical
            Information Service of the Department of Commerce
            unclassified information and assessments regarding
            defense critical technologies having potential
            commercial uses so that such information and
            assessments may be further disseminated within the
            Federal Government and to the private sector.

    Sec. 2518.\256\ Overseas foreign critical technology monitoring and
                        assessment financial assistance program

      (a) Establishment and Purpose of Program.--The Secretary of
    Defense may establish a foreign critical technology monitoring
    and assessment program. Under the program, the Secretary may
    enter into cooperative arrangements with one or more eligible
    not-for-profit organizations in order to provide financial
    assistance for the establishment of foreign critical technology
    monitoring and assessment offices in Europe, Pacific Rim
    countries, and such other countries as the Secretary considers
    appropriate.
    ---------------------------------------------------------------------------
        \256\ Originally added as sec. 2526 by sec. 821(a) of Public Law
    102-190 (105 Stat. 1426); redesignated as sec. 2518 by Public Law 102-
    484 (106 Stat. 2685).
    ---------------------------------------------------------------------------
      (b) Eligible Organizations.--Any not-for-profit industrial or
    professional organization that has economic and scientific
    interests in research, development, and applications of dual-
    use critical technologies is eligible to enter into a
    cooperative arrangement referred to in subsection (a).
              * * * * * * *

       Subchapter V--Miscellaneous Technology Base Policies and Programs

              * * * * * * *

    Sec. 2531.\257\ Defense memoranda of understanding and related
                        agreements

        (a) Considerations in Making and Implementing MOUs and
    Related Agreements.--In the negotiation, renegotiation, and
    implementation of any existing or proposed memorandum of
    understanding, or any existing or proposed agreement related to
    a memorandum of understanding, between the Secretary of
    Defense, acting on behalf of the United States, and one or more
    foreign countries (or any instrumentality of a foreign country)
    relating to research, development, or production of defense
    equipment, or to the reciprocal procurement of defense
    items,\258\ the Secretary of Defense shall--
    ---------------------------------------------------------------------------
        \257\ Sec. 824 of the National Defense Authorization Act for Fiscal
    Year 1989 (Public Law 100-456; 102 Stat. 2019) added this section as
    sec. 2504. It was substantially amended by sec. 815 of the National
    Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
    101-189; 103 Stat. 1500).
        Sec. 4202(a) of Public Law 102-484 (106 Stat. 2659) redesignated
    this section as sec. 2531, and added a new chapter 148 to 10 U.S.C.,
    relating to defense technology and industrial base, reinvestment, and
    conversion.
        See also sec. 831 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2017), relating to defense trade reciprocity.
        \258\ Sec. 1453 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1694) inserted ``or to
    the reciprocal procurement of defense items,''.
    ---------------------------------------------------------------------------
              (1) consider the effects of such existing or proposed
            memorandum of understanding or related agreement on the
            defense industrial base of the United States; and
              (2) regularly solicit and consider comments and
            recommendations from the Secretary of Commerce with
            respect to the commercial implications of such
            memorandum of understanding or related agreement and
            the potential effects of such memorandum of
            understanding or related agreement on the international
            competitive position of United States industry.
        (b) Inter-Agency Review of Effects on United States
    Industry.--Whenever the Secretary of Commerce has reason to
    believe that an existing or proposed memorandum of
    understanding or related agreement has, or threatens to have, a
    significant adverse effect on the international competitive
    position of United States industry, the Secretary may request
    an inter-agency review of the memorandum of understanding or
    related agreement. If, as a result of the review, the Secretary
    determines that the commercial interests of the United States
    are not being served or would not be served by adhering to the
    terms of such existing memorandum or related agreement or
    agreeing to such proposed memorandum or related agreement, as
    the case may be, the Secretary shall recommend to the President
    the renegotiation of the existing memorandum or related
    agreement or any modification to the proposed memorandum of
    understanding or related agreement that he considers necessary
    to ensure an appropriate balance of interests.
        (c) Limitation on Entering into MOUs and Related
    Agreements.--A memorandum of understanding or related agreement
    referred to in subsection (a) may not be entered into or
    implemented if the President, taking into consideration the
    results of the inter-agency review, determines that such
    memorandum of understanding or related agreement has or is
    likely to have a significant adverse effect on United States
    industry that outweighs the benefits of entering into or
    implementing such memorandum or agreement.

    Sec. 2532.\259\ Offset policy; notification

        (a) Establishment of Offset Policy.--The President shall
    establish, consistent with the requirements of this section, a
    comprehensive policy with respect to contractual offset
    arrangements in connection with the purchase of defense
    equipment or supplies which addresses the following:
    ---------------------------------------------------------------------------
        \259\ Sec. 825(b) of the National Defense Authorization Act, Fiscal
    Year 1989 (Public Law 100-456; 102 Stat. 2020), added this section as
    sec. 2505. Sec. 4202 of Public law 102-484 (106 Stat. 2659)
    redesignated this section as 2532, and added a new chapter 148 to 10
    U.S.C., relating to defense technology and industrial base,
    reinvestment, and conversion. See also sec. 8138 of the Department of
    Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1106),
    requiring the Secretary of Defense to report to Congress on certain
    contractual offset arrangements, memoranda of understanding and related
    agreements, and waivers.
    ---------------------------------------------------------------------------
              (1) Transfer of technology in connection with offset
            arrangements.
              (2) Application of offset arrangements, including
            cases in which United States funds are used to finance
            the purchase by a foreign government.
              (3) Effects of offset arrangements on specific
            subsectors of the industrial base of the United States
            and for preventing or ameliorating any serious adverse
            effects on such subsectors.
      (b) Technology Transfer.--(1) No official of the United
    States may enter into a memorandum of understanding or other
    agreement with a foreign government that would require the
    transfer of United States defense technology to a foreign
    country or a foreign firm in connection with a contract that is
    subject to an offset arrangement if the implementation of such
    memorandum or agreement would significantly and adversely
    affect the defense industrial base of the United States and
    would result in a substantial financial loss to a United States
    firm.
        (2) Paragraph (1) shall not apply in the case of a
    memorandum of understanding or agreement described in paragraph
    (1) if the Secretary of Defense, in consultation with the
    Secretary of Commerce and the Secretary of State, determines
    that a transfer of United States defense technology pursuant to
    such understanding or agreement will result in strengthening
    the national security of the United States and so certifies to
    Congress.
        (3) If a United States firm is required under the terms of
    a memorandum of understanding, or other agreement entered into
    by the United States with a foreign country, to transfer
    defense technology to a foreign country, the United States firm
    may protest the determination to the Secretary of Defense on
    the grounds that the transfer of such technology would
    adversely affect the defense industrial base of the United
    States and would result in substantial financial loss to the
    protesting firm. The Secretary of Defense, in consultation with
    the Secretary of Commerce and the Secretary of State, shall
    make the final determination of the validity of the protesting
    firm's claim.
        (c) Notification Regarding Offsets.--If at any time a
    United States firm enters into a contract for the sale of a
    weapon system or defense-related item to a foreign country or
    foreign firm and such contract is subject to an offset
    arrangement exceeding $50,000,000 in value, such firm shall
    notify the Secretary of Defense of the proposed sale.
    Notification shall be made under this subsection in accordance
    with regulations prescribed by the Secretary of Defense in
    consultation with the Secretary of Commerce.
        (d) Definitions.--In this section:
              (1) The term ``United States firm'' means a business
            entity that performs substantially all of its
            manufacturing, production, and research and development
            activities in the United States.
              (2) The term ``foreign firm'' means a business entity
            other than a United States firm.
              * * * * * * *
    ---------------------------------------------------------------------------
        \260\ Subchapter VI, secs. 2540-2540d, were added by sec. 1321(a)
    of the National Defense Authorization Act for Fiscal Year 1996 (Public
    Law 104-106; 110 Stat. 474).
    ---------------------------------------------------------------------------

              SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES \260\

    Sec.
    2540. Establishment of loan guarantee program.
    2540a. Transferability.
    2540b. Limitations.
    2540c. Fees charged and collected.
    2540d. Definitions.

    Sec. 2540.\261\ Establishment of loan guarantee program

        (a) Establishment.--In order to meet the national security
    objectives in section 2501(a) of this title, the Secretary of
    Defense shall establish a program under which the Secretary may
    issue guarantees assuring a lender against losses of principal
    or interest, or both principal and interest, arising out of the
    financing of the sale or long-term lease of defense articles,
    defense services, or design and construction services to a
    country referred to in subsection (b).
    ---------------------------------------------------------------------------
        \261\ See also sec. 8065 of the Department of Defense
    Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 985), relating
    to the issuance of loan guarantees not otherwise provided for.
    ---------------------------------------------------------------------------
        (b) Covered Countries.--The authority under subsection (a)
    applies with respect to the following countries:
              (1) A member nation of the North Atlantic Treaty
            Organization (NATO).
              (2) A country designated as of March 31, 1995, as a
            major non-NATO ally pursuant to section 2350a(i)(3) of
            this title, as in effect on that date.\262\
    ---------------------------------------------------------------------------
        \262\ Sec. 1084(d)(21) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2062) inserted ``, as in effect on that date''.
    ---------------------------------------------------------------------------
              (3) A country in Central Europe that, as determined
            by the Secretary of State--
                      (A) has changed its form of national
                    government from a nondemocratic form of
                    government to a democratic form of government
                    since October 1, 1989; or
                      (B) is in the process of changing its form of
                    national government from a nondemocratic form
                    of government to a democratic form of
                    government.
              (4) A noncommunist country that was a member nation
            of the Asia Pacific Economic Cooperation (APEC) as of
            October 31, 1993.
        (c) Authority Subject to Provisions of Appropriations.--The
    Secretary may guarantee a loan under this subchapter only to
    such extent or in such amounts as may be provided in advance in
    appropriations Acts.

    Sec. 2540a. Transferability

        A guarantee issued under this subchapter shall be fully and
    freely transferable.

    Sec. 2540b. Limitations

        (a) Terms and Conditions of Loan Guarantees.--In issuing a
    guarantee under this subchapter for a medium-term or long-term
    loan, the Secretary may not offer terms and conditions more
    beneficial than those that would be provided to the recipient
    by the Export-Import Bank of the United States under similar
    circumstances in conjunction with the provision of guarantees
    for nondefense articles and services.
        (b) Losses Arising From Fraud or Misrepresentation.--No
    payment may be made under a guarantee issued under this
    subchapter for a loss arising out of fraud or misrepresentation
    for which the party seeking payment is responsible.
        (c) No Right of Acceleration.--The Secretary of Defense may
    not accelerate any guaranteed loan or increment, and may not
    pay any amount, in respect of a guarantee issued under this
    subchapter, other than in accordance with the original payment
    terms of the loan.

    Sec. 2540c. Fees charged and collected

        (a) Exposure Fees.--The Secretary of Defense shall charge a
    fee (known as ``exposure fee'') for each guarantee issued under
    this subchapter.
        (b) Amount of Exposure Fee.--To the extent that the cost of
    the loan guarantees under this subchapter is not otherwise
    provided for in appropriations Acts, the fee imposed under
    subsection (a) with respect to a loan guarantee shall be fixed
    in an amount that is sufficient to meet potential liabilities
    of the United States under the loan guarantee.
        (c) Payment Terms.--The fee under subsection (a) for each
    guarantee shall become due as the guarantee is issued. In the
    case of a guarantee for a loan which is disbursed
    incrementally, and for which the guarantee is correspondingly
    issued incrementally as portions of the loan are disbursed, the
    fee shall be paid incrementally in proportion to the amount of
    the guarantee that is issued.
        (d) Administrative Fees.--(1) \263\ The Secretary of
    Defense shall charge a fee for each guarantee issued under this
    subchapter to reflect the additional administrative costs of
    the Department of Defense that are directly attributable to the
    administration of the program under this subchapter. Such fees
    shall be credited to a special account in the Treasury. Amounts
    in the special account shall be available, to the extent and in
    amounts provided in appropriations Acts, for paying the costs
    of administrative expenses of the Department of Defense that
    are attributable to the loan guarantee program under this
    subchapter.
    ---------------------------------------------------------------------------
        \263\ Sec. 1081(a) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (H.R. 5408, enacted by reference
    in Public Law 106-398; 114 Stat. 1654) inserted ``(1)'' after
    ``Administrative Fees.--'', and added para. (2), effective October 1,
    2000. Sec. 1081(c) of that Act provided the following:
        ``(c) Limitation Pending Submission of Report.--The Secretary of
    Defense may not exercise the authority provided by paragraph (2) of
    section 2540c(d) of title 10, United States Code, as added by
    subsection (a), until the Secretary submits to Congress a report on the
    operation of the Defense Export Loan Guarantee Program under subchapter
    V of chapter 148 of title 10, United States Code. The report shall
    include the following:
    ---------------------------------------------------------------------------

      ``(1) A discussion of the effectiveness of the loan guarantee program in
    furthering the sale of United States defense articles, defense services,
    and design and construction services to nations that are specified in
    section 2540(b) of such title, to include a comparison of the loan
    guarantee program with other United States Government programs that are
    intended to contribute to the sale of United States defense articles,
    defense services, and design and construction services and other
    comparisons the Secretary determines to be appropriate.

      ``(2) A discussion of the requirements and resources (including personnel
    and funds) for continued administration of the loan guarantee program by
    the Defense Department, to include--

      ``(A) an itemization of the requirements necessary and resources
    available (or that could be made available) to administer the loan
    guarantee program for each of the following entities: the Defense Security
    Cooperation Agency, the Department of Defense International Cooperation
    Office, and other Defense Department agencies, offices, or activities as
    the Secretary may specify; and

      ``(B) for each such activity, agency, or office, a comparison of the use
    of Defense Department personnel exclusively to administer, manage, and
    oversee the program with the use of contracted commercial entities to
    administer and manage the program.

      ``(3) Any legislative recommendations that the Secretary believes could
    improve the effectiveness of the program.

      ``(4) A determination made by the Secretary of Defense indicating which
    Defense Department agency, office, or other activity should administer,
    manage, and oversee the loan guarantee program to increase sales of United
    States defense articles, defense services, and design and construction
    services, such determination to be made based on the information and
    analysis provided in the report.''.

        (2) \263\ (A) If for any fiscal year amounts in the special
    account established under paragraph (1) are not available (or
    are not anticipated to be available) in a sufficient amount for
    administrative expenses of the Department of Defense for that
    fiscal year that are directly attributable to the
    administration of the program under this subchapter, the
    Secretary may use amounts currently available for operations
    and maintenance for Defense-wide activities, not to exceed
    $500,000 in any fiscal year, for those expenses.
        (B) The Secretary shall, from funds in the special account
    established under paragraph (1), replenish operations and
    maintenance accounts for amounts expended under subparagraph
    (A) as soon as the Secretary determines practicable.

    Sec. 2540d. Definitions

        In this subchapter:
              (1) The terms ``defense article'', ``defense
            services'', and ``design and construction services''
            have the meanings given those terms in section 47 of
            the Arms Export Control Act (22 U.S.C. 2794).
              (2) The term ``cost'', with respect to a loan
            guarantee, has the meaning given that term in section
            502 of the Congressional Budget and Impoundment Control
            Act of 1974 (2 U.S.C. 661a).
              * * * * * * *

            CHAPTER 152--ISSUE OF SUPPLIES, SERVICES, AND FACILITIES

              * * * * * * *

     Subchapter II--Issue of Serviceable Material Other Than to the Armed
                                     Forces

              * * * * * * *

    Sec. 2557.\264\ Excess nonlethal supplies: availability for homeless
                        veteran initiatives and humanitarian relief

        (a) (1) \265\ The Secretary of Defense may make available
    for humanitarian relief purposes any nonlethal excess supplies
    of the Department of Defense.
    ---------------------------------------------------------------------------
        \264\ Sec. 1454 of the Department of Defense Authorization Act,
    1986 (Public Law 99-145; 99 Stat. 761) added this section as sec. 2547.
    Redesignated to sec. 2557 by sec. 1033(b)(1) of the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2000 (H.R. 5408,
    enacted by reference in Public Law 106-398; 114 Stat. 1654).
        Sec. 361(b)(1) of the National Defense Authorization Act for Fiscal
    Year 2002 (Public Law 107-107; 115 Stat. 1065) restated the section
    heading, which previously read: ``Excess nonlethal supplies:
    humanitarian relief''.
        \265\ Sec. 361(a) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1064) added para.
    designation ``(1)'', and added para. (2).
    ---------------------------------------------------------------------------
        (2) \265\ The Secretary of Defense may make excess
    clothing, shoes, sleeping bags, and related nonlethal excess
    supplies available to the Secretary of Veterans Affairs for
    distribution to homeless veterans and programs assisting
    homeless veterans. The transfer of nonlethal excess supplies to
    the Secretary of Veterans Affairs under this paragraph shall be
    without reimbursement.
        (b) Excess supplies made available for humanitarian relief
    purposes under this section shall be transferred to the
    Secretary of State, who shall be responsible for the
    distribution of such supplies.
        (c) This section does not constitute authority to conduct
    any activity which, if carried out as an intelligence activity
    by the Department of Defense, would require \266\ a notice to
    the intelligence committees under title V of the National
    Security Act of 1947 (50 U.S.C. 413 et seq.).\267\
    ---------------------------------------------------------------------------
        \266\ Sec. 602(c)(3)(A) of Public Law 102-88 (105 Stat. 444) struck
    out a requirement for a finding under sec. 662 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2422) for subsec. (c).
        \267\ Sec. 602(c)(3)(B) of Public Law 102-88 (105 Stat. 444)
    replaced reference to sec. 501(a)(1) of the National Security Act of
    1947 (50 U.S.C. 413) with reference to title V of the National Security
    Act of 1947 (50 U.S.C. 413 et seq.).
    ---------------------------------------------------------------------------
        (d) \268\ In this section:
    ---------------------------------------------------------------------------
        \268\ Sec. 1322(a)(10) of the National Defense Authorization Act
    for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out
    para. (d) and redesignated para. (e) as para. (d). Former para. (d)
    required the Secretary of State to prepare an annual report on the
    disposition of all excess supplies transferred by the Secretary of
    Defense to the Secretary of State during the preceding year, to be
    submitted to the Committees on Armed Services and on Foreign Relations
    of the Senate and the Committees on Armed Services and on Foreign
    Affairs of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) ``Nonlethal excess supplies'' means property,
            other than real property of the Department of Defense--
                      (A) that is excess property, as defined in
                    regulations of the Department of Defense; and
                      (B) that is not a weapon, ammunition, or
                    other equipment or material that is designed to
                    inflict serious bodily harm or death.
              (2) ``Intelligence committees'' means the Select
            Committee on Intelligence of the Senate and the
            Permanent Select Committee on Intelligence of the House
            of Representatives.
              * * * * * * *

    Sec. 2561.\269\ Humanitarian assistance

        (a) Authorized Assistance.--(1) \270\ To the extent
    provided in defense authorization Acts, funds authorized to be
    appropriated to the Department of Defense for a fiscal year for
    humanitarian assistance shall be used for the purpose of
    providing transportation of humanitarian relief and for other
    humanitarian purposes worldwide.
    ---------------------------------------------------------------------------
        \269\ Sec. 1312 of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 474) amended this
    section by striking out subsecs. (b), (c), and (e), redesignating
    former subsec. (d) as subsec. (b), adding a new subsec. (c),
    redesignating former subsecs. (f) and (g) as subsecs. (d) and (e),
    respectively, and adding a new subsec. (f).
        Originally added by sec. 304(c) of Public Law 102-484 (106 Stat.
    2361) as sec. 2551. Redesignated to sec. 2561 by sec. 1033(b)(1) of the
    Floyd D. Spence National Defense Authorization Act for Fiscal Year 2000
    (H.R. 5408, enacted by reference in Public Law 106-398; 114 Stat.
    1654).
        \270\ Sec. 312(d) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1430) inserted para.
    designation (1), and added para. (2).
    ---------------------------------------------------------------------------
        (2) \270\ The Secretary of Defense may use the authority
    provided by paragraph (1) to transport supplies intended for
    use to respond to, or mitigate the effects of, an event or
    condition, such as an oil spill, that threatens serious harm to
    the environment, but only if other sources to provide such
    transportation are not readily available. The Secretary may
    require reimbursement for costs incurred by the Department of
    Defense to transport supplies under this paragraph.
        (b) Availability of Funds.--To the extent provided in
    appropriation Acts, funds appropriated for humanitarian
    assistance for the purposes of this section shall remain
    available until expended.
        (c) Status Reports.--(1) The Secretary of Defense shall
    submit to the congressional committees specified in subsection
    (f) an annual report on the provision of humanitarian
    assistance pursuant to this section for the prior fiscal year.
    The report shall be submitted each year at the time of the
    budget submission by the President for the next fiscal year.
        (2) Each report required by paragraph (1) shall cover all
    provisions of law that authorize appropriations for
    humanitarian assistance to be available from the Department of
    Defense for the purposes of this section.
        (3) Each report under this subsection shall set forth the
    following information regarding activities during the previous
    fiscal year:
              (A) The total amount of funds obligated for
            humanitarian relief under this section.
              (B) The number of scheduled and completed
            transportation missions for purposes of providing
            humanitarian assistance under this section.
              (C) A description of any transfer of excess nonlethal
            supplies of the Department of Defense made available
            for humanitarian relief purposes under section 2557
            \271\ of this title. The description shall include the
            date of the transfer, the entity to whom the transfer
            is made, and the quantity of items transferred.
    ---------------------------------------------------------------------------
        \271\ Sec. 1033(c)(1) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2000 (H.R. 5408, enacted by reference
    in Public Law 106-398; 114 Stat. 1654) struck out ``section 2547'' and
    inserted in lieu thereof ``section 2557''.
    ---------------------------------------------------------------------------
        (d) Report Regarding Relief for Unauthorized Countries.--In
    any case in which the Secretary of Defense provides for the
    transportation of humanitarian relief to a country to which the
    transportation of humanitarian relief has not been specifically
    authorized by law, the Secretary shall notify ``the
    congressional committees specified in subsection (f) and the
    Committees on Appropriations of the Senate and House of
    Representatives of the \272\ Secretary's intention to provide
    such transportation. The notification shall be submitted not
    less than 15 days before the commencement of such
    transportation.
    ---------------------------------------------------------------------------
        \272\ Sec. 1312(4) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 474) struck out ``the
    Committees on Appropriations and on Armed Services of the Senate and
    House of Representatives, the Committee on Foreign Relations of the
    Senate, and the Committee on Foreign Affairs of the House of
    Representatives of the'' and inserted in lieu thereof ``the
    congressional committees specified in subsection (f) and the Committees
    on Appropriations of the Senate and House of Representatives of the''.
    ---------------------------------------------------------------------------
        (e) Definition.--In this section, the term ``defense
    authorization Act'' means an Act that authorizes appropriations
    for one or more fiscal years for military activities of the
    Department of Defense, including authorizations of
    appropriations for the activities described in paragraph (7) of
    section 114(a) of this title.
        (f) Congressional Committees.--The congressional committees
    referred to in subsections (c)(1) and (d) are the following:
              (1) The Committee on Armed Services and the Committee
            on Foreign Relations of the Senate.
              (2) The Committee on Armed Services \273\ and the
            Committee on International Relations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \273\ Sec. 1067(1) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

    Sec. 2562.\274\ Limitation on use of excess construction or fire
                        equipment from Department of Defense stocks in
                        foreign assistance or military sales programs

        (a) Limitation.--Excess construction or fire equipment from
    the stocks of the Department of Defense may be transferred to
    any foreign country or international organization pursuant to
    part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301
    et seq.) or section 21 of the Arms Export Control Act (22
    U.S.C. 2761) only if--
    ---------------------------------------------------------------------------
        \274\ Added by sec. 4304(a) of Public Law 102-484 (106 Stat. 2699)
    as sec. 2552. Redesignated to sec. 2562 by sec. 1033(b)(1) of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2000 (H.R.
    5408, enacted by reference in Public Law 106-398; 114 Stat. 1654).
    ---------------------------------------------------------------------------
              (1) no department or agency of the Federal Government
            (other than the Department of Defense), no State, and
            no other person or entity eligible to receive excess or
            surplus property under subtitle I of title 40 and title
            III of \275\ the Federal Property and Administrative
            Services Act of 1949 (41 U.S.C. 251 et seq.) \276\
            submits to the Defense Reutilization and Marketing
            Service a request for such equipment during the period
            for which the Defense Reutilization and Marketing
            Service accepts such a request; or
    ---------------------------------------------------------------------------
        \275\ Sec. 3(b)(8)(A) of Public Law 107-217 (116 Stat. 1295)
    inserted ``subtitle I of title 40 and title III of'' before ``the
    Federal''.
        \276\ Sec. 3(b)(8)(B) of Public Law 107-217 (116 Stat. 1296) struck
    out ``(40 U.S.C. 472 et seq.)'' and inserted in lieu thereof ``(41
    U.S.C. 251 et seq.)''.
    ---------------------------------------------------------------------------
              (2) the President determines that the transfer is
            necessary in order to respond to an emergency for which
            the equipment is especially suited.
        (b) Rule of Construction.--Nothing in subsection (a) shall
    be construed to limit the authority to transfer construction or
    fire equipment under section 2557 \277\ of this title.
    ---------------------------------------------------------------------------
        \277\ Sec. 1033(c)(2) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2000 (H.R. 5408, enacted by reference
    in Public Law 106-398; 114 Stat. 1654) struck out ``section 2547'' and
    inserted in lieu thereof ``section 2557''.
    ---------------------------------------------------------------------------
        (c) Definition.--In this section, the term ``construction
    or fire equipment'' includes tractors, scrapers, loaders,
    graders, bulldozers, dump trucks, generators, pumpers, fuel and
    water tankers, crash trucks, utility vans, rescue trucks,
    ambulances, hook and ladder units, compressors, and
    miscellaneous fire fighting equipment.
              * * * * * * *

    Sec. 2565.\278\ Nuclear test monitoring equipment: furnishing to
                        foreign governments

        (a) Authority To Transfer Title to or Otherwise \279\
    Provide Nuclear Test Monitoring Equipment.--Subject to
    subsection (b), the Secretary of Defense may--
    ---------------------------------------------------------------------------
        \278\ Added by sec. 1203(a) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2000 (H.R. 5408, enacted by reference
    in Public Law 106-398; 114 Stat. 1654) as sec. 2555. Redesignated by
    sec. 1201(a) of the National Defense Authorization Act for Fiscal Year
    2002 (Public Law 107-107; 115 Stat. 1245) as sec. 2565.
        \279\ Sec. 1201(b)(1)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1245) struck out
    ``Convey or'' and inserted in lieu thereof ``Transfer Title to or
    Otherwise''.
    ---------------------------------------------------------------------------
              (1) transfer title \280\ or otherwise provide to a
            foreign government (A) equipment for the monitoring of
            nuclear test explosions, and (B) associated equipment;
            \281\
    ---------------------------------------------------------------------------
        \280\ Sec. 1201(b)(1)(B)(i) of the National Defense Authorization
    Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1245) struck
    out ``convey'' and inserted in lieu thereof ``transfer title''.
        \281\ Sec. 1201(b)(1)(B)(ii) of the National Defense Authorization
    Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1245) struck
    out ``and'' at the end of para. (1).
    ---------------------------------------------------------------------------
              (2) as part of any such conveyance or provision of
            equipment, install such equipment on foreign territory
            or in international waters; and \282\
    ---------------------------------------------------------------------------
        \282\ Sec. 1201(b)(1)(C) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1245) struck out a
    period at the end of para. (2) and inserted in lieu thereof ``; and'',
    and sec. 1201(b)(1)(D) of that Act added new para. (3).
    ---------------------------------------------------------------------------
              (3) \282\ inspect, test, maintain, repair, or replace
            any such equipment.
        (b) Agreement Required.--Nuclear test explosion monitoring
    equipment may be provided to a foreign government \283\ under
    subsection (a) only pursuant to the terms of an agreement
    between the United States and the foreign government receiving
    the equipment in which the recipient foreign government
    agrees--
    ---------------------------------------------------------------------------
        \283\ Sec. 1201(b)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1246) struck out
    ``conveyed or otherwise provided'' and inserted in lieu thereof
    ``provided to a foreign government''.
    ---------------------------------------------------------------------------
              (1) to provide the United States with timely access
            to the data produced, collected, or generated by the
            equipment; and \284\
    ---------------------------------------------------------------------------
        \284\ Sec. 1201(b)(2) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1246) inserted ``and''
    at the end of para. (1), struck out ``; and'' at the end of para. (2)
    and inserted in lieu thereof a period, and struck out para. (3), which
    had read as follows:
        ``(3) to return such equipment to the United States (or allow the
    United States to recover such equipment) if either party determines
    that the agreement no longer serves its interests.''.
    ---------------------------------------------------------------------------
              (2) to permit the Secretary of Defense to take such
            measures as the Secretary considers necessary to
            inspect, test, maintain, repair, or replace that
            equipment, including access for purposes of such
            measures.
        (c) Report.--Promptly after entering into any agreement
    under subsection (b), the Secretary of Defense shall submit to
    Congress a report on the agreement. The report shall identify
    the country with which the agreement was made, the anticipated
    costs to the United States to be incurred under the agreement,
    and the national interest of the United States that is
    furthered by the agreement.
        (d) Limitation on Delegation.--The Secretary of Defense may
    delegate the authority of the Secretary to carry out this
    section only to the Secretary of the Air Force. Such a
    delegation may be redelegated.
              * * * * * * *

    CHAPTER 153--EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR
                               UNCLAIMED PROPERTY

              * * * * * * *

    Sec. 2576a.\285\ Excess personal property: sale or donation for law
                        enforcement activities

        (a) Transfer Authorized.--(1) Notwithstanding any other
    provision of law and subject to subsection (b), the Secretary
    of Defense may transfer to Federal and State agencies personal
    property of the Department of Defense, including small arms and
    ammunition, that the Secretary determines is--
    ---------------------------------------------------------------------------
        \285\ Sec. 1033(a) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) added sec. 2576a.
    ---------------------------------------------------------------------------
              (A) suitable for use by the agencies in law
            enforcement activities, including counter-drug and
            counter-terrorism activities; and
              (B) excess to the needs of the Department of Defense.
      (2) The Secretary shall carry out this section in
    consultation with the Attorney General and the Director of
    National Drug Control Policy.
        (b) Conditions for Transfer.--The Secretary of Defense may
    transfer personal property under this section only if--
              (1) the property is drawn from existing stocks of the
            Department of Defense;
              (2) the recipient accepts the property on an as-is,
            where-is basis;
              (3) the transfer is made without the expenditure of
            any funds available to the Department of Defense for
            the procurement of defense equipment; and
              (4) all costs incurred subsequent to the transfer of
            the property are borne or reimbursed by the recipient.
        (c) Consideration.--Subject to subsection (b)(4), the
    Secretary may transfer personal property under this section
    without charge to the recipient agency.
        (d) Preference for Certain Transfers.--In considering
    applications for the transfer of personal property under this
    section, the Secretary shall give a preference to those
    applications indicating that the transferred property will be
    used in the counter-drug or counter-terrorism activities of the
    recipient agency.
              * * * * * * *

    Sec. 2581.\286\ Excess UH-1 Huey and AH-1 Cobra helicopters:
                        requirements for transfer to foreign countries

        (a) Requirements.--(1) Before an excess UH-1 Huey
    helicopter or AH-1 Cobra helicopter is transferred on a grant
    or sales basis to a foreign country for the purpose of flight
    operations by that country, the Secretary of Defense shall make
    all reasonable efforts to ensure that the helicopter receives,
    to the extent necessary, maintenance and repair equivalent to
    the depot-level maintenance and repair (as defined in section
    2460 of this title) that the helicopter would need were the
    helicopter to remain in operational use with the armed forces.
    Any such maintenance and repair work shall be performed at no
    cost to the Department of Defense.
    ---------------------------------------------------------------------------
        \286\ Added by sec. 1234(a) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2156).
    ---------------------------------------------------------------------------
        (2) The Secretary shall make all reasonable efforts to
    ensure that maintenance and repair work described in paragraph
    (1) is performed in the United States.
        (b) Exception.--Subsection (a) does not apply with respect
    to salvage helicopters provided to the foreign country solely
    as a source for spare parts.

                 CHAPTER 155--ACCEPTANCE OF GIFTS AND SERVICES

              * * * * * * *

    Sec. 2608.\287\ Acceptance of contributions for defense programs,
                        projects, and activities; Defense Cooperation
                        Account

        (a) Acceptance Authority.--The Secretary of Defense may
    accept from any person, foreign government, or international
    organization any contribution of money or real or personal
    property made by such person, foreign government, or
    international organization for use by the Department of Defense
    and may accept from any foreign government or international
    organization any contribution of services made by such foreign
    government or international organization for use by the
    Department of Defense.\288\
    ---------------------------------------------------------------------------
        \287\ Sec. 202(a) of Public Law 101-403 (104 Stat. 873) added sec.
    2608, under the heading ``Acceptance of contributions for defense
    programs, projects, and activities''. Sec. 1105(b)(2) of the National
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
    Stat. 1750) restated the section heading.
        \288\ Sec. 1063 of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2652) inserted ``and
    may accept from any foreign government or international organization
    any contribution of services made by such foreign government or
    international organization for use by the Department of Defense'' at
    the end of the sentence.
    ---------------------------------------------------------------------------
        (b) Establishment of Defense Cooperation Account.--(1)
    There is established in the Treasury of the United States a
    special account to be known as the ``Defense Cooperation
    Account''.
        (2) Contributions of money and proceeds from the sale of
    any property accepted by the Secretary of Defense under
    subsection (a) shall be credited to the Defense Cooperation
    Account.
        (c) Use of the Defense Cooperation Account.--(1) Funds in
    the Defense Cooperation Account may be appropriated for a
    function described in section 114 of this title only to the
    extent that the appropriation of such funds for such purpose is
    authorize in accordance with that section.
        (2) Funds in the Defense Cooperation Account shall not be
    made available for obligation or expenditure except to the
    extent and in the manner provided in subsequent appropriations
    Acts.
        (d) Use of Property.--Any contribution of property received
    under this section may be--
              (1) retained and used by the Department of Defense in
            the form in which it was donated;
              (2) sold or otherwise disposed of upon such terms and
            conditions and in accordance with such procedures as
            the Secretary determines appropriate; or
              (3) converted into a form usable by the Department of
            Defense.
        (e) Reporting Requirement.--(1) Not later than 30 days
    after the end of each quarter of each fiscal year, the
    Secretary of Defense shall submit to Congress a report on
    contributions of property accepted by the Secretary under this
    section during the preceding quarter. The Secretary shall
    include in each such report a description of all property
    having a value of more than $1,000,000.
        (2) In computing the value of any property referred to in
    paragraph (1), the Secretary shall aggregate the value of--
              (A) similar items of property accepted by the
            Secretary during the quarter concerned; and
              (B) components which, if assembled, would comprise
            all or a substantial part of an item of equipment or a
            facility.
        (f) Authority to Use Property.--Property accepted under
    subsection (a) may be used by the Secretary of Defense without
    specific authorization, except that such property may not be
    used in connection with any program, project, or activity if
    the use of such property would result in the violation of any
    prohibition or limitation otherwise applicable to such program,
    project, or activity.
        (g) Investment of Money.--(1) \289\ Upon request by the
    Secretary of Defense, the Secretary of the Treasury may invest
    money in the Defense Cooperation Account in securities of the
    United States or in securities guaranteed as to principal and
    interest by the United States.
    ---------------------------------------------------------------------------
        \289\ Sec. 1061(a)(16) of the National Defense Authorization Act
    for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1473)
    inserted para. designation (1).
    ---------------------------------------------------------------------------
        (2) any interest or other income that accrues from
    investment insecurities referred to in paragraph (1) shall be
    deposited to the credit of the Defense Cooperation Account.
        (h) Notification of Conditions.--The Secretary of Defense
    shall notify Congress of any condition imposed by the donor on
    the use of any contribution accepted by the Secretary under the
    authority of this section.
        (i) \290\ Periodic Audits by GAO.--The Comptroller General
    of the United States shall make periodic audits of money and
    property accepted under this section, at such intervals as the
    Comptroller General determines to be warranted. The Comptroller
    General shall submit to Congress a report on the results of
    each such audit.
    ---------------------------------------------------------------------------
        \290\ Sec. 1105(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1750) amended and
    restated subsec. (i).
    ---------------------------------------------------------------------------
        (j) Items Included as Contributions.--In this section, the
    term ``contribution'' includes a devise of real property or a
    bequest of personal property.
        (k) Regulations.--The Secretary of Defense shall prescribe
    regulations to carry out this section.
    ---------------------------------------------------------------------------
        \291\ Added by sec. 242(f)(1) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1605). Repealed
    by sec. 253(9) of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 235). Sec. 2609 had authorized
    the Secretary of Defense to accept from allied foreign governments or
    international organizations contributions for use by the Department of
    Defense for Theater Missile Defense programs, and had established the
    Theater Missile Defense Cooperation Account.
    ---------------------------------------------------------------------------

    Sec. 2609.\291\ * * * [Repealed--1996]

              * * * * * * *

    Sec. 2611.\292\  Regional centers for security studies: acceptance of
                        gifts and donations

        (a) Authority To Accept Gifts and Donations.--(1) Subject
    to subsection (c), the Secretary of Defense may, on behalf of
    any Department of Defense regional center for security studies,
    any combination of such centers, or such centers generally,
    accept from any source specified in subsection (b) any gift or
    donation for purposes of defraying the costs of enhancing the
    operation of such a center, combination of centers, or centers
    generally, as the case may be.
    ---------------------------------------------------------------------------
        \292\ Amended and restated by sec. 903(a)(1) of the National
    Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
    Stat. 3396). Originally added by sec. 915(a) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    721) as the ``Asia-Pacific Center for Security Studies: acceptance of
    foreign gifts and donations''.
    ---------------------------------------------------------------------------
        (2) For purposes of this section, the Department of Defense
    regional centers for security studies are the following:
              (A) The George C. Marshall European Center for
            Security Studies.
              (B) The Asia-Pacific Center for Security Studies.
              (C) The Center for Hemispheric Defense Studies.
              (D) The Africa Center for Strategic Studies.
              (E) The Near East South Asia Center for Strategic
            Studies.
        (b) Sources.--The sources from which gifts and donations
    may be accepted under subsection (a) are the following:
              (1) The government of a State or a political
            subdivision of a State.
              (2) The government of a foreign country.
              (3) A foundation or other charitable organization,
            including a foundation or charitable organization that
            is organized or operates under the laws of a foreign
            country.
              (4) Any source in the private sector of the United
            States or a foreign country.
        (c) Limitation.--The Secretary may not accept a gift or
    donation under subsection (a) if the acceptance of the gift or
    donation would compromise or appear to compromise--
              (1) the ability of the Department of Defense, any
            employee of the Department, or members of the armed
            forces to carry out any responsibility or duty of the
            Department in a fair and objective manner; or
              (2) the integrity of any program of the Department,
            or of any person involved in such a program.
        (d) Criteria for Acceptance.--The Secretary shall prescribe
    written guidance setting forth the criteria to be used in
    determining whether the acceptance of a gift or donation would
    have a result described in subsection (c).
        (e) Crediting of Funds.--Funds accepted by the Secretary
    under subsection (a) shall be credited to appropriations
    available to the Department of Defense for the regional center,
    combination of centers, or centers generally for which
    accepted. Funds so credited shall be merged with the
    appropriations to which credited and shall be available for the
    regional center, combination of centers, or centers generally,
    as the case may be, for the same purposes as the appropriations
    with which merged. Any funds accepted under this section shall
    remain available until expended.
        (f) Gift or Donation Defined.--In this section, the term
    ``gift or donation'' means any gift or donation of funds,
    materials (including research materials), real or personal
    property, or services (including lecture services and faculty
    services).
              * * * * * * *

     CHAPTER 161--PROPERTY RECORDS AND REPORT OF THEFT OR LOSS OF CERTAIN
                                    PROPERTY

              * * * * * * *

    Sec. 2723.\293\ Notice to congressional committees of certain security
                        and counterintelligence failures within defense
                        programs

        (a) Required Notification.--The Secretary of Defense shall
    submit to the Committees on Armed Services of the Senate and
    House of Representatives a notification of each security or
    counterintelligence failure or compromise of classified
    information relating to any defense operation, system, or
    technology of the United States that the Secretary considers
    likely to cause significant harm or damage to the national
    security interests of the United States. The Secretary shall
    consult with the Director of Central Intelligence and the
    Director of the Federal Bureau of Investigation, as
    appropriate, before submitting any such notification.
    ---------------------------------------------------------------------------
        \293\ Added by sec. 1042(a) of the National Defense Authorization
    Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 759).
    ---------------------------------------------------------------------------
        (b) Manner of Notification.--Notification of a failure or
    compromise of classified information under subsection (a) shall
    be provided, in accordance with the procedures established
    pursuant to subsection (c), not later than 30 days after the
    date on which the Department of Defense determines that the
    failure or compromise has taken place.
        (c) Procedures.--The Secretary of Defense and the
    Committees on Armed Services of the Senate and House of
    Representatives shall each establish such procedures as may be
    necessary to protect from unauthorized disclosure classified
    information, information relating to intelligence sources and
    methods, and sensitive law enforcement information that is
    submitted to those committees pursuant to this section and that
    are otherwise necessary to carry out the provisions of this
    section.
        (d) Statutory Construction.--(1) Nothing in this section
    shall be construed as authority to withhold any information
    from the Committees on Armed Services of the Senate and House
    of Representatives on the grounds that providing the
    information to those committees would constitute the
    unauthorized disclosure of classified information, information
    relating to intelligence sources and methods, or sensitive law
    enforcement information.
        (2) Nothing in this section shall be construed to modify or
    supersede any other requirement to report information on
    intelligence activities to the Congress, including the
    requirement under section 501 of the National Security Act of
    1947 (50 U.S.C. 413).
              * * * * * * *

                                SUBTITLE B--ARMY

              * * * * * * *

                   PART IV--SERVICE, SUPPLY, AND PROCUREMENT

              * * * * * * *

                            CHAPTER 433--PROCUREMENT

              * * * * * * *

    Sec. 4543.\294\ Army industrial facilities: sales of manufactured
                        articles or services outside Department of Defense

        (a) Authority To Sell Outside DOD.--Regulations under
    section 2208(h) of this title shall authorize a working-capital
    funded Army industrial facility (including a Department of the
    Army arsenal) that manufactures large caliber cannons, gun
    mounts, recoil mechanisms, ammunition, munitions, or components
    thereof to sell manufactured \295\ articles or services to a
    person outside the Department of Defense if--
    ---------------------------------------------------------------------------
        \294\ Added by sec. 158(a)(1) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1581). Sec.
    158(c) of that Act provided:
        ``(c) Deadline for Regulations.--Regulations under subsection (b)
    of section 4543 of title 10, United States Code, as added by subsection
    (a), shall be prescribed not later than 30 days after the date of the
    enactment of this Act.''.
        Sec. 141 of the National Defense Authorization Act for Fiscal Year
    1998 (Public Law 105-85; 111 Stat. 1652), as amended, provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 141. pilot program on sales of manufactured articles and services of
    certain army industrial facilities without regard to availability from
    domestic sources.
    ---------------------------------------------------------------------------

        ``(a) Pilot Program Required.--During fiscal years 1998 through
    2009, the Secretary of the Army shall carry out a pilot program to test
    the efficacy and appropriateness of selling manufactured articles and
    services of Army industrial facilities under section 4543 of title 10,
    United States Code, without regard to the availability of the articles
    and services from United States commercial sources. In carrying out the
    pilot program, the Secretary may use articles manufactured at, and
    services provided by, not more than three Army industrial facilities,
    except that during fiscal year 2002 the Secretary may only use articles
    manufactures at, and services provided by, not more than one Army
    industrial facility.
        ``(b) Temporary Waiver of Requirement for Determination of
    Unavailability From Domestic Source.--Under the pilot program, the
    Secretary of the Army is not required under section 4543(a)(5) of title
    10, United States Code, to determine whether an article or service is
    available from a commercial source located in the United States in the
    case of any of the following sales for which a solicitation of offers
    is issued during the period which the pilot program is being conducted:
    ---------------------------------------------------------------------------

      ``(1) A sale of articles to be incorporated into a weapon system being
    procured by the Department of Defense.

      ``(2) A sale of services to be used in the manufacture of a weapon system
    being procured by the Department of Defense.
    ---------------------------------------------------------------------------

        ``(c) Transfer of Certain Sums.--For each Army industrial facility
    participating in the pilot program that sells manufactured articles and
    services in a total amount in excess of $20,000,000 in any fiscal year,
    the amount equal to one-half of one percent of such total amount shall
    be transferred from the sums in the Army Working Capital Fund for
    unutilized plant capacity to appropriations available for the following
    fiscal year for the demilitarization of conventional ammunition by the
    Army.
        ``(d) Review by Inspector General.--The Inspector General of the
    Department of Defense shall review the experience under the pilot
    program under this section and, not later than July 1, 1999, submit to
    Congress a report on the results of the review. The report shall
    contain the following:
    ---------------------------------------------------------------------------

      ``(1) The Inspector General's views regarding the extent to which the
    waiver under subsection (b) enhances the opportunity for United States
    manufacturers, assemblers, developers, and other concerns to enter into or
    participate in contracts and teaming arrangements with Army industrial
    facilities under weapon system programs of the Department of Defense.

      ``(2) The Inspector General's views regarding the extent to which the
    waiver under subsection (b) enhances the opportunity for Army industrial
    facilities referred to in section 4543(a) of title 10, United States Code,
    to enter into or participate in contracts and teaming arrangements with
    United States manufacturers, assemblers, developers, and other concerns
    under weapon system programs of the Department of Defense.

      ``(3) The Inspector General's views regarding the effect of the waiver
    under subsection (b) on the ability of small businesses to compete for the
    sale of manufactured articles or services in the United States in
    competitions to enter into or participate in contracts and teaming
    arrangements under weapon system programs of the Department of Defense.

      ``(4) Specific examples under the pilot program that support the
    Inspector General's views.

      ``(5) Any other information that the Inspector General considers
    pertinent regarding the effects of the waiver of section 4543(a)(5) of
    title 10, United States Code, under the pilot program on opportunities for
    United States manufacturers, assemblers, developers, or other concerns, and
    for Army industrial facilities, to enter into or participate in contracts
    and teaming arrangements under weapon system programs of the Department of
    Defense.

      ``(6) Any recommendations that the Inspector General considers
    appropriate regarding continuation or modification of the policy set forth
    in section 4543(a)(5) of title 10, United States Code.''.
    ---------------------------------------------------------------------------

        \295\ Sec. 141(1) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2688) struck out
    ``nondefense-related commercial'' after ``manufactured''.
    ---------------------------------------------------------------------------
              (1) in the case of an article, the article is sold to
            a United States manufacturer, assembler, developer, or
            other concern--
                      (A) for use in developing new products;
                      (B) for incorporation into items to be sold
                    to, or to be used in a contract with, an agency
                    of the United States;
                      (C) for incorporation into items to be sold
                    to, or to be used in a contract with, or to be
                    used for purposes of soliciting a contract
                    with, a friendly foreign government; or
                      (D) for use in commercial products;
              (2) in the case of an article, the purchaser is
            determined by the Department of Defense to be qualified
            to carry out the proposed work involving the article to
            be purchased;
              (3) the sale is to be made on a basis that does not
            interfere with performance of work by the facility for
            the Department of Defense or for a contractor of the
            Department of Defense; \296\
    ---------------------------------------------------------------------------
        \296\ Sec. 141 of the National Defense Authorization Act for Fiscal
    Year 1995 (Public Law 103-337; 108 Stat. 2688) struck out ``and'' at
    the end of para. (3); struck out a period at the end of para. (4), and
    inserted in lieu thereof a semicolon; and added new paras. (5) through
    (9).
    ---------------------------------------------------------------------------
              (4) in the case of services, the services are related
            to an article authorized to be sold under this section
            and are to be performed in the United States for the
            purchaser; \296\
              (5) \296\ the Secretary of the Army determines that
            the articles or services are not available from a
            commercial source located in the United States;
              (6) \296\ the purchaser of an article or service
            agrees to hold harmless and indemnify the United
            States, except in a case of willful misconduct or gross
            negligence, from any claim for damages or injury to any
            person or property arising out of the article or
            service;
              (7) \296\ the article to be sold can be manufactured,
            or the service to be sold can be substantially
            performed, by the industrial facility with only
            incidental subcontracting;
              (8) \296\ it is in the public interest to manufacture
            such article or perform such service; and
              (9) \296\ the sale will not interfere with
            performance of the military mission of the industrial
            facility.
        (b) Additional Requirements.--The regulations shall also--
              (1) require that the authority to sell articles or
            services under the regulations be exercised at the
            level of the commander of the major subordinate command
            of the Army with responsibility over the facility
            concerned;
              (2) authorize a purchaser of articles or services to
            use advance incremental funding to pay for the articles
            or services; and
              (3) in the case of a sale of commercial articles or
            commercial services in accordance with subsection (a)
            by a facility that manufactures large caliber cannons,
            gun mounts, or recoil mechanisms, or components
            thereof, authorize such facility--
                      (A) to charge the buyer, at a minimum, the
                    variable costs that are associated with the
                    commercial articles or commercial services
                    sold;
                      (B) to enter into a firm, fixed-price
                    contract or, if agreed by the buyer, a cost
                    reimbursement contract for the sale; and
                      (C) to develop and maintain (from sources
                    other than appropriated funds) working capital
                    to be available for paying design costs,
                    planning costs, procurement costs, and other
                    costs associated with the commercial articles
                    or commercial services sold.
        (c) Relationship to Arms Export Control Act.--Nothing in
    this section shall be construed to affect the application of
    the export controls provided for in section 38 of the Arms
    Export Control Act (22 U.S.C. 2778) to items which incorporate
    or are produced through the use of an article sold under this
    section.
        (d) Definitions.--In this section:
              (1) The term ``commercial article'' means an article
            that is usable for a nondefense purpose.
              (2) The term ``commercial service'' means a service
            that is usable for a nondefense purpose.
              (3) The term ``advance incremental funding'', with
            respect to a sale of articles or services, means a
            series of partial payments for the articles or services
            that includes--
                      (A) one or more partial payments before the
                    commencement of work or the incurring of costs
                    in connection with the production of the
                    articles or the performance of the services, as
                    the case may be; and
                      (B) subsequent progress payments that result
                    in full payment being completed as the required
                    work is being completed.
              (4) The term ``variable costs'', with respect to
            sales of articles or services, means the costs that are
            expected to fluctuate directly with the volume of sales
            and--
                      (A) in the case of articles, the volume of
                    production necessary to satisfy the sales
                    orders; or
                      (B) in the case of services, the extent of
                    the services sold.
              * * * * * * *

                       SUBTITLE C--NAVY AND MARINE CORPS

              * * * * * * *

                        PART IV--GENERAL ADMINISTRATION

              * * * * * * *

                           CHAPTER 633--NAVAL VESSELS

              * * * * * * *

    Sec. 7307.\297\ Disposals to foreign nations

        (a) Larger or Newer Vessels.--A naval vessel that is in
    excess of 3,000 tons or that is less than 20 years of age may
    not be disposed of to another nation (whether by sale, lease,
    grant, loan, barter, transfer, or otherwise) unless the
    disposition of that vessel is approved by law enacted after
    August 5, 1974. A lease or loan of such a vessel under such a
    law may be made only in accordance with the provisions of
    chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et
    seq.) or chapter 2 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2311 et seq.).
    ---------------------------------------------------------------------------
        \297\ Secs. 7307 and 7308 were amended and restated by sec. 824 of
    the National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1708).
    ---------------------------------------------------------------------------
        (b) Other Vessels.--(1) A naval vessel not subject to
    subsection (a) may be disposed of to another nation (whether by
    sale, lease, grant, loan, barter, transfer, or otherwise) in
    accordance with applicable provisions of law, but only after--
              (A) the Secretary of the Navy notifies the Committee
            on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives \298\ in
            writing of the proposed disposition; and
    ---------------------------------------------------------------------------
        \298\ Sec. 1502(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out
    ``Committees on Armed Services of the Senate and House of
    Representatives'' and inserted in lieu thereof ``Committee on Armed
    Services of the Senate and the Committee on National Security of the
    House of Representatives''. Sec. 1067(1) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    774) subsequently struck out ``Committee on National Security'' and
    inserted in lieu thereof ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (B) 30 days of continuous session of Congress have
            expired following the date on which such notice is sent
            to those committees.
        (2) For purposes of paragraph (1)(B), the continuity of a
    session of Congress is broken only by an adjournment of the
    Congress sine die, and the days on which either House is not in
    session because of an adjournment of more than 3 days to a day
    certain are excluded in the computation of such 30-day period.

    Sec. 7308.\297\ Chief of Naval Operations: certification required for
                        disposal of combatant vessels

        Notwithstanding any other provision of law, no combatant
    vessel of the Navy may be sold, transferred, or otherwise
    disposed of unless the Chief of Naval Operations certifies that
    it is not essential to the defense of the United States.
              * * * * * * *

                             SUBTITLE D--AIR FORCE

              * * * * * * *

                               PART III--TRAINING

              * * * * * * *

                         CHAPTER 907--SCHOOLS AND CAMPS

              * * * * * * *

    Sec. 9415.\299\ Inter-American Air Forces Academy

      (a) Operation.--The Secretary of the Air Force may operate
    the Air Force education and training facility known as the
    Inter-American Air Forces Academy for the purpose of providing
    military education and training to military personnel of
    Central and South American countries, Caribbean countries, and
    other countries eligible for assistance under chapter 5 of part
    II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
    seq.).
    ---------------------------------------------------------------------------
        \299\ Sec. 330(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1535) added sec. 9415.
    ---------------------------------------------------------------------------
      (b) Costs.--The fixed costs of operating and maintaining the
    Inter-American Air Forces Academy may be paid from funds
    available for operation and maintenance of the Air Force.\300\
    ---------------------------------------------------------------------------
        \300\ Sec. 8113 of the Department of Defense Appropriations Act,
    1991 (Public Law 101-511; 104 Stat. 1904) provided the following:
        ``Sec. 8113. Funds made available under this Act to the Air Force
    for `Operation and Maintenance' may be used to operate the United
    States Air Force education and training facility known as the Inter-
    American Air Forces Academy for the purpose of providing military
    education and training only to military personnel who are nationals of
    Central, South American and Caribbean countries: Provided, That only
    the fixed costs of operating and maintaining the Inter-American Air
    Forces Academy may be paid from funds available for operation and
    maintenance of the Air Force without reimbursement pursuant to section
    37 of the Arms Export Control Act or section 632 of the Foreign
    Assistance Act or any other provision of law: Provided further, That no
    individual may be admitted to the Inter-American Air Forces Academy who
    has been convicted of a human rights violation, or is known to United
    States authorities to have committed, been an accessory to, or in an
    official capacity had knowledge of but failed to take remedial action
    concerning a human rights violation: Provided further, That the Air
    Force must provide concentrated instruction in democratic government
    and human rights protections to each attendee of IAAFA: Provided
    further, That the Air Force will provide the Committees on
    Appropriations of the House and Senate, no later than March 1, 1991,
    with a report on the operation of IAAFA and its curriculum, as well as
    a statistical and biographical profile of its students.''.
    ---------------------------------------------------------------------------
              * * * * * * *
           b. National Defense Authorization Act for Fiscal Year 2006

        Partial text of Public Law 109-163 [H.R. 1815], 119 Stat. 3136,
                            approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 2006 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       military personnel strengths for such fiscal year, and for other
                                   purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2006''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3.\1\ CONGRESSIONAL DEFENSE COMMITTEES.

        For purposes of this Act, the term ``congressional defense
    committees'' has the meaning given that term in section
    101(a)(16) of title 10, United States Code.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 101 note.
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2006 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (18) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $61,546,000.
              (19) For Cooperative Threat Reduction programs,
            $415,459,000.
              (20) For the Overseas Contingency Operations Transfer
            Fund, $20,000,000.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401.\2\ END STRENGTHS FOR ACTIVE FORCES.

        (a) In General.--The Armed Forces are authorized strengths
    for active duty personnel as of September 30, 2006, as follows:
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 512,400.
              (2) The Navy, 352,700.
              (3) The Marine Corps, 179,000.
              (4) The Air Force, 357,400.
        (b) Limitation.--
              (1) Army.--The authorized strength for the Army
            provided in paragraph (1) of subsection (a) for active
            duty personnel for fiscal year 2006 is subject to the
            condition that costs of active duty personnel of the
            Army for that fiscal year in excess of 482,400 shall be
            paid out of funds authorized to be appropriated for
            that fiscal year for a contingent emergency reserve
            fund or as an emergency supplemental appropriation.
              (2) Marine corps.--The authorized strength for the
            Marine Corps provided in paragraph (3) of subsection
            (a) for active duty personnel for fiscal year 2006 is
            subject to the condition that costs of active duty
            personnel of the Marine Corps for that fiscal year in
            excess of 175,000 shall be paid out of funds authorized
            to be appropriated for that fiscal year for a
            contingent emergency reserve fund or as an emergency
            supplemental appropriation.

    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
                        LEVELS.

        Section 691(b) of title 10, United States Code, is amended
    by striking paragraphs (1) through (4) and inserting the
    following: * * *

    SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS
                        ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2007
                        THROUGH 2009.

        Effective October 1, 2006, the text of section 403 of the
    Ronald W. Reagan National Defense Authorization Act for Fiscal
    Year 2005 (Public Law 108-375; 118 Stat. 1863) is amended to
    read as follows: * * *
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

    SEC. 1001. TRANSFER AUTHORITY.

        (a) Authority to Transfer Authorizations.--
              (1) Authority.--Upon determination by the Secretary
            of Defense that such action is necessary in the
            national interest, the Secretary may transfer amounts
            of authorizations made available to the Department of
            Defense in this division for fiscal year 2006 between
            any such authorizations for that fiscal year (or any
            subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for
            the same purposes as the authorization to which
            transferred.
              (2) Limitation.--The total amount of authorizations
            that the Secretary may transfer under the authority of
            this section may not exceed $3,500,000,000.
        (b) Limitations.--The authority provided by this section to
    transfer authorizations--
              (1) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred; and
              (2) may not be used to provide authority for an item
            that has been denied authorization by Congress.
        (c) Effect on Authorization Amounts.--A transfer made from
    one account to another under the authority of this section
    shall be deemed to increase the amount authorized for the
    account to which the amount is transferred by an amount equal
    to the amount transferred.
        (d) Notice to Congress.--The Secretary shall promptly
    notify Congress of each transfer made under subsection (a).

    SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
                        FISCAL YEARS 2005 AND 2006.

        (a) Emergency Supplemental Appropriations Act for Defense,
    the Global War on Terror, and Tsunami Relief, 2005.--Amounts
    authorized to be appropriated to the Department of Defense and
    the Department of Energy for fiscal year 2005 in the Ronald W.
    Reagan National Defense Authorization Act for Fiscal Year 2005
    (Public Law 108-375) are hereby adjusted, with respect to any
    such authorized amount, by the amount by which appropriations
    pursuant to such authorization are increased by a supplemental
    appropriation or decreased by a rescission, or both, or are
    increased by a transfer of funds, pursuant to title I and
    chapter 2 of title IV of division A of the Emergency
    Supplemental Appropriations Act for Defense, the Global War on
    Terror, and Tsunami Relief, 2005 (Public Law 109-13).
        (b) First Emergency Supplemental to Meet Needs Arising From
    Hurricane Katrina.--* * *
        (c) Second Emergency Supplemental to Meet Needs Arising
    From Hurricane Katrina.--* * *
        (d) Supplemental Appropriations for Avian Flu
    Preparedness.--Amounts authorized to be appropriated to the
    Department of Defense for fiscal year 2006 in this Act are
    hereby adjusted, with respect to any such authorized amount, by
    the amount by which appropriations pursuant to such authorized
    amount are increased by a supplemental appropriation, or by a
    transfer of funds, arising from the proposal of the President
    relating to avian flu preparedness that was submitted to
    Congress on November 1, 2006.
        (e) Amounts Reallocated for Hurricane-Related Disaster
    Relief.--* * *
        (f) Amounts for Humanitarian Assistance for Earthquake
    Victims in Pakistan.--There is authorized to be appropriated as
    emergency supplemental appropriations for the Department of
    Defense for fiscal year 2006, $40,000,000 for the use of the
    Department of Defense for overseas, humanitarian, disaster, and
    civic aid for the purpose of providing humanitarian assistance
    to the victims of the earthquake that devastated northern
    Pakistan on October 8, 2005.
        (g) Reports on Use of Certain Funds.--
              (1) Report on use of emergency supplemental funds.--
            Not later than six months after the date of the
            enactment of this Act, the Secretary of Defense shall
            submit to the congressional defense committees a report
            on the obligation and expenditure, as of that date, of
            any funds appropriated to the Department of Defense for
            fiscal year 2005 pursuant to the Acts referred to in
            subsections (a), (b), and (c) as authorized by such
            subsections. The report shall set forth--
                      (A) the amounts so obligated and expended;
                    and
                      (B) the purposes for which such amounts were
                    so obligated and expended.
              (2) Report on expenditure of reimbursable funds.--The
            Secretary shall include in the report required by
            paragraph (1) a statement of any expenditure by the
            Department of Defense of funds that were reimbursable
            by the Federal Emergency Management Agency, or any
            other department or agency of the Federal Government,
            from funds appropriated in an Act referred to in
            subsection (a), (b), or (c) to such department or
            agency.
              (3) Report on use of certain other funds.--Not later
            than May 15, 2006, and quarterly thereafter through
            November 15, 2006, the Secretary shall submit to the
            congressional defense committees a report on the
            obligation and expenditure, during the previous fiscal
            year quarter, of any funds appropriated to the
            Department of Defense as specified in subsection (d)
            and any funds reallocated to the Department as
            specified in subsection (e). Each report shall, for the
            fiscal year quarter covered by such report, set forth--
                      (A) the amounts so obligated and expended;
                    and
                      (B) the purposes for which such amounts were
                    so obligated and expended.
        (h) Report on Assistance for Earthquake Victims in
    Pakistan.--Not later than 30 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees a report describing
    Department of Defense efforts to provide relief to victims of
    the earthquake that devastated northern Pakistan on October 8,
    2005, and assessing the need for further reconstruction and
    relief assistance.
              * * * * * * *

    SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2006.

        (a) Fiscal Year 2006 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2006 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 2005, of funds appropriated for fiscal
            years before fiscal year 2006 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $763,000 for the Civil Budget.
              (2) Of the amount provided in section 301(1),
            $289,447,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.
              * * * * * * *

                      Subtitle C--Counter-Drug Activities

    SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF
                        DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-
                        DRUG ACTIVITIES.

        (a) Additional Report Required.--Section 1022 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year
    2001 (as enacted into law by Public Law 106-398; 114 Stat.
    1654A-255), as amended by section 1022 of the National Defense
    Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
    Stat. 1215), is further amended * * *
        (b) Additional Information Required.--Such section is
    further amended--* * *

    SEC. 1022. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES TO SUPPORT
                        LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
                        TERRORISM ACTIVITIES.

        Section 1022 of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594) is
    amended--* * *

    SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING DETERRENCE.

        (a) Findings.--Congress finds the following:
              (1) According to the Department of State, drug
            trafficking organizations shipped approximately nine
            tons of cocaine to the United States through the
            Dominican Republic in 2004, and are increasingly using
            small, high-speed watercraft.
              (2) Drug traffickers use the Caribbean corridor to
            smuggle narcotics to the United States via Puerto Rico
            and the Dominican Republic. This route is ideal for
            drug trafficking because of its geographic expanse,
            numerous law enforcement jurisdictions, and fragmented
            investigative efforts.
              (3) The tethered aerostat system in Lajas, Puerto
            Rico, contributes to deterring and detecting smugglers
            moving illicit drugs into Puerto Rico. The aerostat's
            range and operational capabilities allow it to provide
            surveillance coverage of the eastern Caribbean corridor
            and the strategic waterway between Puerto Rico and the
            Dominican Republic, known as the Mona Passage.
              (4) Including maritime radar on the Lajas aerostat
            will expand its ability to detect suspicious vessels in
            the eastern Caribbean corridor.
        (b) Sense of Congress.--Given the findings contained in
    subsection (a), it is the sense of Congress that--
              (1) Congress and the Department of Defense should
            fund the Counter-Drug Tethered Aerostat program; and
              (2) the Department of Defense should install maritime
            radar on the Lajas, Puerto Rico, aerostat.

                Subtitle D--Matters Related to Homeland Security

    SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE FOR
                        HOMELAND DEFENSE RELATING TO NUCLEAR, CHEMICAL, AND
                        BIOLOGICAL EMERGENCY RESPONSE.

        Subsection (a) of section 1413 of the Defense Against
    Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2313) is
    amended to read as follows: * * * \3\
    ---------------------------------------------------------------------------
        \3\ Text of the Defense Against Weapons of Mass Destruction Act of
    1996 may be found in Legislation on Foreign Relations Through 2005,
    vol. II-B.
    ---------------------------------------------------------------------------

    SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR,
                        RADIOLOGICAL, CHEMICAL, BIOLOGICAL, AND HIGH-YIELD
                        EXPLOSIVES WEAPONS.

        (a) Secretary of Homeland Security Functions.--Subsection
    (a) of section 1415 of the Defense Against Weapons of Mass
    Destruction Act of 1996 (50 U.S.C. 2315) is amended--* * *
        (b) Repeal of Secretary of Energy Functions.--Such section
    is further amended * * *
        (c) Conforming Amendments.--Subsection (c) of such
    section--* * *
        (d) Repeal of Obsolete Provisions.--Such section is further
    amended * * *

    SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, RADIOLOGICAL,
                        NUCLEAR, AND HIGH-YIELD EXPLOSIVES RESPONSE TEAMS.

        Section 1414 of the Defense Against Weapons of Mass
    Destruction Act of 1996 (50 U.S.C. 2314) is amended as follows:
    * * *

    SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY RESPONSE
                        ASSISTANCE PROGRAM.

        Section 1412 of the Defense Against Weapons of Mass
    Destruction Act of 1996 (50 U.S.C. 2312) is repealed.

    SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL RECONNAISSANCE
                        ASSETS TO SUPPORT HOMELAND SECURITY BORDER SECURITY
                        MISSIONS.

        (a) Report Required.--Not later than 120 days after the
    date of the enactment of this Act, the Secretary of Defense
    shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report containing the results of a study
    regarding the use of aerial reconnaissance equipment of the
    Department of Defense in missions in which the Armed Forces
    support the Department of Homeland Security in performing its
    international border security mission. The Secretary of Defense
    shall conduct the study and prepare the report in coordination
    with the Secretary of Homeland Security.
        (b) Elements of Report.--The report required by subsection
    (a) shall include the following:
              (1) A description of the current use of aerial
            reconnaissance equipment of the Department of Defense
            to conduct aerial reconnaissance over the international
            land and maritime borders of the United States in
            missions in which the Armed Forces support the
            Department of Homeland Security in performing its
            international border security mission.
              (2) A statement of the costs of such missions and the
            source of funds for such missions.
              (3) The conclusions derived from a study of how the
            Department of Defense leverages dual-use aerial
            reconnaissance assets and technology, such as unmanned
            aerial vehicles and tethered aerostat radars, for both
            homeland defense and homeland security purposes.
              * * * * * * *

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                       Subtitle A--Assistance and Training

    Sec. 1201. Extension of humanitarian and civic assistance provided to
              host nations in conjunction with military operations.
    Sec. 1202. Commanders' Emergency Response Program.
    Sec. 1203. Modification of geographic restriction under bilateral and
              regional cooperation programs for payment of certain expenses
              of defense personnel of developing countries.
    Sec. 1204. Authority for Department of Defense to enter into acquisition
              and cross-servicing agreements with regional organizations of
              which the United States is not a member.
    Sec. 1205. Two-year extension of authority for payment of certain
              administrative services and support for coalition liaison
              officers.
    Sec. 1206. Authority to build the capacity of foreign military forces.
    Sec. 1207. Security and stabilization assistance.
    Sec. 1208. Reimbursement of certain coalition nations for support
              provided to United States military operations.
    Sec. 1209. Authority to transfer defense articles and provide defense
              services to the military and security forces of Iraq and
              Afghanistan.

          Subtitle B--Nonproliferation Matters and Countries of Concern

    Sec. 1211. Prohibition on procurements from Communist Chinese military
              companies.
    Sec. 1212. Report on nonstrategic nuclear weapons.

              Subtitle C--Reports and Sense of Congress Provisions

    Sec. 1221. War-related reporting requirements.
    Sec. 1222. Quarterly reports on war strategy in Iraq.
    Sec. 1223. Report on records of civilian casualties in Afghanistan and
              Iraq.
    Sec. 1224. Annual report on Department of Defense costs to carry out
              United Nations resolutions.
    Sec. 1225. Report on claims related to the bombing of the LaBelle
              Discotheque.
    Sec. 1226. Sense of Congress concerning cooperation with Russia on
              issues pertaining to missile defense.
    Sec. 1227. United States policy on Iraq.

                            Subtitle D--Other Matters

    Sec. 1231. Purchase of weapons overseas for force protection purposes in
              countries in which combat operations are ongoing.
    Sec. 1232. Riot control agents.
    Sec. 1233. Requirement for establishment of certain criteria applicable
              to Global Posture Review.
    Sec. 1234. The United States-China Economic Security Review Commission.

                      Subtitle A--Assistance and Training

    SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED TO
                        HOST NATIONS IN CONJUNCTION WITH MILITARY
                        OPERATIONS.

        (a) Limitation on Amount of Assistance for Clearance of
    Landmines, Etc.--Subsection (c)(3) of section 401 of title 10,
    United States Code is amended * * *
        (b) Extension and Clarification of Types of Health Care
    Authorized.--Subsection (e)(1) of such section is amended--* *
    *

    SEC. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Authority for Fiscal Years 2006 and 2007.--During each
    of fiscal years 2006 and 2007, from funds made available to the
    Department of Defense for operation and maintenance for such
    fiscal year, not to exceed $500,000,000 may be used by the
    Secretary of Defense in such fiscal year to provide funds--
              (1) for the Commanders' Emergency Response Program;
            and
              (2) for a similar program to assist the people of
            Afghanistan.
        (b) Quarterly Reports.--Not later than 15 days after the
    end of each fiscal-year quarter of fiscal years 2006 and 2007,
    the Secretary of Defense shall submit to the congressional
    defense committees a report regarding the source of funds and
    the allocation and use of funds during that quarter that were
    made available pursuant to the authority provided in this
    section or under any other provision of law for the purposes of
    the programs under subsection (a).
        (c) Submission of Guidance.--
              (1) Initial submission.--Not later than 30 days after
            the date of the enactment of this Act, the Secretary of
            Defense shall submit to the congressional defense
            committees a copy of the guidance issued by the
            Secretary to the Armed Forces concerning the allocation
            of funds through the Commanders' Emergency Response
            Program and any similar program to assist the people of
            Afghanistan.
              (2) Modifications.--If the guidance in effect for the
            purpose stated in paragraph (1) is modified, the
            Secretary shall submit to the congressional defense
            committees a copy of the modification not later than 15
            days after the date on which the Secretary makes the
            modification.
        (d) Waiver Authority.--For purposes of exercising the
    authority provided by this section or any other provision of
    law making funding available for the Commanders' Emergency
    Response Program or any similar program to assist the people of
    Afghanistan, the Secretary of Defense may waive any provision
    of law not contained in this section that would (but for the
    waiver) prohibit, restrict, limit, or otherwise constrain the
    exercise of that authority.
        (e) Commanders' Emergency Response Program Defined.--In
    this section, the term ``Commanders' Emergency Response
    Program'' means the program established by the Administrator of
    the Coalition Provisional Authority for the purpose of enabling
    United States military commanders in Iraq to respond to urgent
    humanitarian relief and reconstruction requirements within
    their areas of responsibility by carrying out programs that
    will immediately assist the Iraqi people.

    SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER BILATERAL AND
                        REGIONAL COOPERATION PROGRAMS FOR PAYMENT OF
                        CERTAIN EXPENSES OF DEFENSE PERSONNEL OF DEVELOPING
                        COUNTRIES.

        Section 1051(b)(1) of title 10, United States Code, is
    amended--* * *

    SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO
                        ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH
                        REGIONAL ORGANIZATIONS OF WHICH THE UNITED STATES
                        IS NOT A MEMBER.

        Subchapter I of chapter 138 of title 10, United States
    Code, is amended * * *

    SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF CERTAIN
                        ADMINISTRATIVE SERVICES AND SUPPORT FOR COALITION
                        LIAISON OFFICERS.

        Section 1051a(e) of title 10, United States Code, is
    amended * * *

    SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

        (a) Authority.--The President may direct the Secretary of
    Defense to conduct or support a program to build the capacity
    of a foreign country's national military forces in order for
    that country to--
              (1) conduct counterterrorist operations; or
              (2) participate in or support military and stability
            operations in which the United States Armed Forces are
            a participant.
        (b) Types of Capacity Building.--
              (1) Authorized elements.--The program directed by the
            President under subsection (a) may include the
            provision of equipment, supplies, and training.
              (2) Required elements.--The program directed by the
            President under subsection (a) shall include elements
            that promote--
                      (A) observance of and respect for human
                    rights and fundamental freedoms; and
                      (B) respect for legitimate civilian authority
                    within that country.
        (c) Limitations.--
              (1) Annual funding limitation.--The Secretary of
            Defense may use up to $200,000,000 of funds available
            for defense-wide operation and maintenance for any
            fiscal year to conduct or support activities directed
            by the President under subsection (a) in that fiscal
            year.
              (2) Assistance otherwise prohibited by law.--The
            President may not use the authority in subsection (a)
            to provide any type of assistance described in
            subsection (b) that is otherwise prohibited by any
            provision of law.
              (3) Limitation on eligible countries.--The President
            may not use the authority in subsection (a) to provide
            assistance described in subsection (b) to any foreign
            country that is otherwise prohibited from receiving
            such type of assistance under any other provision of
            law.
        (d) Formulation and Execution of Program.--The Secretary of
    Defense and the Secretary of State shall jointly formulate any
    program directed by the President under subsection (a). The
    Secretary of Defense shall coordinate with the Secretary of
    State in the implementation of any program directed by the
    President under subsection (a).
        (e) Congressional Notification.--
              (1) Presidential direction.--At the time the
            President directs the Secretary of Defense to conduct
            or support a program authorized in subsection (a), the
            President shall provide a written copy of that
            direction to the Congress.
              (2) Activities in a country.--Not less than 15 days
            before initiating activities in any country as directed
            by the President under subsection (a), the Secretary of
            Defense, in coordination with the Secretary of State,
            shall submit to the congressional committees specified
            in paragraph (3) a notice of the following:
                      (A) The country whose capacity to engage in
                    activities in subsection (a) will be built.
                      (B) The budget, implementation timeline with
                    milestones, and completion date for completing
                    the program directed by the President.
                      (C) The source and planned expenditure of
                    funds to complete the program directed by the
                    President.
              (3) Specified congressional committees.--The
            congressional committees specified in this paragraph
            are the following:
                      (A) The Committee on Armed Services, the
                    Committee on Foreign Relations, and the
                    Committee on Appropriations of the Senate.
                      (B) The Committee on Armed Services, the
                    Committee on International Relations, and the
                    Committee on Appropriations of the House of
                    Representatives.
        (f) Report.--Not later than one year after the date of the
    enactment of this Act, the President shall transmit to the
    congressional committees specified in subsection (e)(3) a
    report examining the following issues:
              (1) The strengths and weaknesses of the Foreign
            Assistance Act of 1961, the Arms Export Control Act,
            and any other provision of law related to the building
            of the capacity of foreign governments or the training
            and equipping of foreign military forces, including
            strengths and weaknesses for the purposes described in
            subsection (a).
              (2) The changes, if any, that should be made to the
            Foreign Assistance Act of 1961, the Arms Export Control
            Act, and any other relevant provision of law that would
            improve the ability of the United States Government to
            build the capacity of foreign governments or train and
            equip foreign military forces, including for the
            purposes described in subsection (a).
              (3) The organizational and procedural changes, if
            any, that should be made in the Department of State and
            the Department of Defense to improve their ability to
            conduct programs to build the capacity of foreign
            governments or train and equip foreign military forces,
            including for the purposes described in subsection (a).
              (4) The resources and funding mechanisms required to
            assure adequate funding for such programs.
        (g) Termination of Program.--The authority of the President
    under subsection (a) to direct the Secretary of Defense to
    conduct a program terminates at the close of September 30,
    2007. Any program directed before that date may be completed,
    but only using funds available for fiscal year 2006 or fiscal
    year 2007.

    SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

        (a) Authority.--The Secretary of Defense may provide
    services to, and transfer defense articles and funds to, the
    Secretary of State for the purposes of facilitating the
    provision by the Secretary of State of reconstruction,
    security, or stabilization assistance to a foreign country.
        (b) Limitation.--The aggregate value of all services,
    defense articles, and funds provided or transferred to the
    Secretary of State under this section in any fiscal year may
    not exceed $100,000,000.
        (c) Availability of Funds.--Any funds transferred to the
    Secretary of State under this section may remain available
    until expended.
        (d) Congressional Notification.--
              (1) Requirement for notice.--Whenever the Secretary
            of Defense exercises the authority under subsection
            (a), the Secretary shall, at the time the authority is
            exercised, notify the congressional committees
            specified in paragraph (3) of the exercise of that
            authority. Any such notification shall be prepared in
            coordination with the Secretary of State.
              (2) Content of notification.--Any notification under
            paragraph (1) shall include a description of--
                      (A) the services, defense articles, or funds
                    provided or transferred to the Secretary of
                    State; and
                      (B) the purpose for which such services,
                    defense articles, and funds will be used.
              (3) Specified congressional committees.--The
            congressional committees specified in this paragraph
            are the following:
                      (A) The Committee on Armed Services, the
                    Committee on Foreign Relations, and the
                    Committee on Appropriations of the Senate.
                      (B) The Committee on Armed Services, the
                    Committee on International Relations, and the
                    Committee on Appropriations of the House of
                    Representatives.
        (e) Applicable Law.--Any services, defense articles, or
    funds provided or transferred to the Secretary of State under
    the authority of this section that the Secretary of State uses
    to provide reconstruction, security, or stabilization
    assistance to a foreign country shall be subject to the
    authorities and limitations in the Foreign Assistance Act of
    1961, the Arms Export Control Act, or any law making
    appropriations to carry out such Acts.
        (f) Expiration.--The authority provided under subsection
    (a) may not be exercised after September 30, 2007.

    SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
                        PROVIDED TO UNITED STATES MILITARY OPERATIONS.

        (a) Authority.--From funds made available for the
    Department of Defense by title XV for Defense-Wide Operation
    and Maintenance, the Secretary of Defense may reimburse any key
    cooperating nation for logistical and military support provided
    by that nation to or in connection with United States military
    operations in Iraq, Afghanistan, and the global war on
    terrorism.
        (b) Determinations.--Payments authorized under subsection
    (a) may be made in such amounts as the Secretary of Defense,
    with the concurrence of the Secretary of State and in
    consultation with the Director of the Office of Management and
    Budget, may determine, in the Secretary's discretion, based on
    documentation determined by the Secretary of Defense to
    adequately account for the support provided. Any such
    determination by the Secretary of Defense shall be final and
    conclusive upon the accounting officers of the United States.
    To the maximum extent practicable, the Secretary shall develop
    standards for determining the kinds of logistical and military
    support to the United States that shall be considered
    reimbursable under this section.
        (c) Limitations.--
              (1) Total amount.--The total amount of payments made
            under the authority of this section during fiscal year
            2006 may not exceed $1,500,000,000.
              (2) Prohibition on contractual obligations to make
            payments.--The Secretary may not enter into any
            contractual obligation to make a payment under the
            authority of this section.
        (d) Congressional Notifications.--The Secretary of
    Defense--
              (1) shall notify the congressional defense committees
            not less than 15 days before making any payment under
            the authority of this section; and
              (2) shall submit to those committees quarterly
            reports on the use of the authority under this section.

    SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE
                        SERVICES TO THE MILITARY AND SECURITY FORCES OF
                        IRAQ AND AFGHANISTAN.

        (a) Authority.--The President is authorized to transfer
    defense articles from the stocks of the Department of Defense
    and to provide defense services in connection with the transfer
    of such defense articles to the military and security forces of
    Iraq and Afghanistan in order to support the efforts of those
    forces to restore and maintain peace and security in those
    countries.
        (b) Limitation.--The aggregate value of all defense
    articles transferred and defense services provided to Iraq and
    Afghanistan under subsection (a) may not exceed $500,000,000.
        (c) Applicable Law.--Any defense articles transferred or
    defense services provided to Iraq or Afghanistan under the
    authority of subsection (a) shall be subject to the authorities
    and limitations applicable to the transfer of excess defense
    articles under section 516 of the Foreign Assistance Act of
    1961 (22 U.S.C. 2321j), other than the authorities and
    limitations contained in subsections (b)(1)(B), (e), (f), and
    (g) of such section.
        (d) Notification.--
              (1) In general.--The President may not transfer
            defense articles or provide defense services under
            subsection (a) until 15 days after the date on which
            the President has provided notice of the proposed
            transfer of defense articles or provision of defense
            services to the appropriate congressional committees.
              (2) Contents.--Such notification shall include--
                      (A) the information required by subparagraphs
                    (A) through (D) of section 516(f)(2) of the
                    Foreign Assistance Act of 1961 (22 U.S.C.
                    2321j(f)(2)(A) through (D));
                      (B) a description of the amount and type of
                    each defense article to be transferred or
                    defense service to be provided and the brigade-
                    level unit from which the defense article is to
                    be transferred or defense service is to be
                    provided, if applicable; and
                      (C) an identification of the element of the
                    military or security force that is the proposed
                    recipient of each defense article to be
                    transferred or defense service to be provided.
        (e) Definitions.--In this section:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                      (A) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on International Relations of the House of
                    Representatives; and
                      (B) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on Foreign Relations of the Senate.
              (2) Defense articles.--The term ``defense articles''
            has the meaning given the term in section 644(d) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)).
              (3) Defense services.--The term ``defense services''
            has the meaning given the term in section 644(f) of
            such Act (22 U.S.C. 2403(f)).
              (4) Military and security forces.--The term
            ``military and security forces'' has the meaning given
            the term in section 1202(e) of the Ronald W. Reagan
            National Defense Authorization Act for Fiscal Year 2005
            (Public Law 108-375).
        (f) Expiration.--The authority provided under subsection
    (a) may not be exercised after September 30, 2006.

         Subtitle B--Nonproliferation Matters and Countries of Concern

    SEC. 1211.\4\ PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE
                        MILITARY COMPANIES.

        (a) Prohibition.--The Secretary of Defense may not procure
    goods or services described in subsection (b), through a
    contract or any subcontract (at any tier) under a contract,
    from any Communist Chinese military company.
    ---------------------------------------------------------------------------
        \4\ 10 U.S.C. 2302 note.
    ---------------------------------------------------------------------------
        (b) Goods and Services Covered.--For purposes of subsection
    (a), the goods and services described in this subsection are
    goods and services on the munitions list of the International
    Trafficking in Arms Regulations, other than goods or services
    procured--
              (1) in connection with a visit by a vessel or an
            aircraft of the United States Armed Forces to the
            People's Republic of China;
              (2) for testing purposes; or
              (3) for purposes of gathering intelligence.
        (c) Waiver Authorized.--The Secretary of Defense may waive
    the prohibition in subsection (a) if the Secretary determines
    such a waiver is necessary for national security purposes. The
    Secretary shall notify the congressional defense committees of
    each waiver made under this subsection.
        (d) Definitions.--In this section:
              (1) The term ``Communist Chinese military company''
            has the meaning provided that term by section
            1237(b)(4) of the Strom Thurmond National Defense
            Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
            note).
              (2) The term ``munitions list of the International
            Trafficking in Arms Regulations'' means the United
            States Munitions List contained in part 121 of
            subchapter M of title 22 of the Code of Federal
            Regulations.

    SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Review.--Not later than six months after the date of
    the enactment of this Act, the Secretary of Defense shall, in
    consultation with the Secretary of State and the Secretary of
    Energy, conduct a review of United States and Russian
    nonstrategic nuclear weapons and determine whether it is in the
    national security interest of the United States--
              (1) to reduce the number of United States and Russian
            nonstrategic nuclear weapons;
              (2) to improve the security of United States and
            Russian nonstrategic nuclear weapons in storage and
            during transport;
              (3) to identify and develop mechanisms and procedures
            to implement transparent reductions in nonstrategic
            nuclear weapons; and
              (4) to identify and develop mechanisms and procedures
            to implement the transparent dismantlement of excess
            nonstrategic nuclear weapons.
        (b) Report.--
              (1) In general.--The Secretary of Defense shall
            submit to the congressional defense committees a joint
            report, prepared in consultation with the Secretary of
            State and the Secretary of Energy, on the results of
            the review required under subsection (a). The report
            shall include a plan to implement, not later than
            October 1, 2006, actions determined as a result of the
            review to be in the United States national security
            interest.
              (2) Form.--The report required under paragraph (1)
            shall be submitted in unclassified form, but may
            include a classified annex.

              Subtitle C--Reports and Sense of Congress Provisions

    SEC. 1221.\5\ WAR-RELATED REPORTING REQUIREMENTS.

        (a) Report Required for Operation Iraqi Freedom, Operation
    Enduring Freedom, and Operation Noble Eagle.--The Secretary of
    Defense shall submit to the congressional defense committees,
    in accordance with this section, a report on procurement and
    equipment maintenance costs for each of Operation Iraqi
    Freedom, Operation Enduring Freedom, and Operation Noble Eagle
    and on facility infrastructure costs associated with each of
    Operation Iraqi Freedom and Operation Enduring Freedom. The
    report shall include the following:
    ---------------------------------------------------------------------------
        \5\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) Procurement.--A specification of costs of
            procurement funding requested since fiscal year 2003,
            together with end-item quantities requested and the
            purpose of the request (such as replacement for battle
            losses, improved capability, increase in force size,
            restructuring of forces), shown by service.
              (2) Equipment maintenance.--A cost comparison of the
            requirements for equipment maintenance expenditures
            during peacetime and for such requirements during
            wartime, as shown by the requirements in each of
            Operation Iraqi Freedom, Operation Enduring Freedom,
            and Operation Noble Eagle. The cost comparison shall
            include--
                      (A) a description of the effect of war
                    operations on the backlog of maintenance
                    requirements over the period of fiscal years
                    2003 to the time of the report; and
                      (B) an examination of the extent to which war
                    operations have precluded maintenance from
                    being performed because equipment was
                    unavailable.
              (3) Operation iraqi freedom and operation enduring
            freedom infrastructure.--A specification of the number
            of United States military personnel that can be
            supported by the facility infrastructure in Iraq and
            Afghanistan and in the neighboring countries from where
            Operation Iraq Freedom and Operation Enduring Freedom
            are supported.
        (b) Submission Requirements.--The report under subsection
    (a) shall be submitted not later than 180 days after the date
    of the enactment of this Act. The Secretary of Defense shall
    submit an updated report on procurement, equipment maintenance,
    and military construction costs, as specified in subsection
    (a), concurrently with any request made to Congress after the
    date of the enactment of this Act for war-related funding.
        (c) Submission to Gao of Certain Reports on Costs.--The
    Secretary of Defense shall submit to the Comptroller General,
    not later than 45 days after the end of each reporting month,
    the Department of Defense Supplemental and Cost of War
    Execution reports. Based on these reports, the Comptroller
    General shall provide to Congress quarterly updates on the
    costs of Operation Iraqi Freedom and Operation Enduring
    Freedom.

    SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

        (a) Quarterly Reports.--At the same time the Secretary of
    Defense submits to Congress each report on stability and
    security in Iraq that is submitted to Congress after the date
    of the enactment of this Act under the Joint Explanatory
    Statement of the Committee on Conference to accompany the
    conference report on the bill H.R. 1268 of the 109th
    Congress,\6\ the Secretary of Defense and appropriate personnel
    of the Central Intelligence Agency shall provide the
    appropriate committees of Congress a briefing on the strategy
    for the war in Iraq, including the intelligence and other
    measures of evaluation used in determining the progress made in
    the execution of that strategy.
    ---------------------------------------------------------------------------
        \6\ The Committee of Conference for H.R. 1268 (enacted as the
    Emergency Supplemental Appropriations Act for Defense, the Global War
    on Terror, and Tsunami Relief, 2005; Public Law 109-13), in its Joint
    Explanatory Statement (pp. 97-98), directed ``the Secretary of Defense
    (in consultation with other appropriate members of the National
    Security Council) to provide a report to the Speaker of the House of
    Representatives, the Majority Leader of the Senate, and the
    congressional defense committees that identifies security, economic,
    and Iraqi security force training performance standards and goals,
    accompanied by a notional timetable for achieving these goals. At a
    minimum, the report should include detailed descriptions of the
    following:
        ``Stability and Security in Iraq:
    ---------------------------------------------------------------------------

      `` Key measures of political stability, including the important
    political milestones that must be achieved over the next several years.

      `` The primary indicators of a stable security environment in Iraq, such
    as number of engagements per day, numbers of trained Iraqi forces, trends
    describing numbers and types of ethnic and religious-based hostile
    encounters, and so on. In addition, the report should include:

      ``--The estimated strength of the Iraqi insurgency and the extent to
    which it is composed of non-Iraqi fighters; and,

      ``--A description of all militias operating in Iraq, including the
    number, size, equipment strength, military effectiveness, sources of
    support, legal status, and efforts to disarm or reintegrate each militia.

      `` The key indicators of economic activity that should be considered as
    the most important for determining the prospects of stability in Iraq,
    including: unemployment levels; electricity, water, and oil production
    rates; and hunger and poverty levels.

      `` The criteria the Administration will use to determine when it is safe
    to begin withdrawing our forces from Iraq.
    ---------------------------------------------------------------------------

        ``Security Force Training and Performance:
    ---------------------------------------------------------------------------

      `` The training Iraqi military and other Ministry of Defense forces have
    received and what equipment they are using. In particular, the report
    should include the key criteria for assessing the capabilities and
    readiness of the Iraqi military forces, goals for achieving certain
    capability and readiness levels (as well as for recruiting, training, and
    equipping these forces), and the milestones and notional timetable for
    achieving these goals.

      `` The operational readiness status of the Iraqi military forces,
    including: the type, number, size, and organizational structure of Iraqi
    battalions that are:

      ``--Capable of conducting counterinsurgency operations independently;

      ``--Capable of conducting counterinsurgency operations with the support
    of U.S. or coalition forces; and,

      ``--Not ready to conduct counterinsurgency operations.

      `` The rates of absenteeism in the Iraqi military forces and the extent
    to which insurgents have infiltrated these forces.

      `` The training Iraqi police and other Ministry of Interior forces have
    received and what equipment they are using. In particular, the report
    should include the key criteria for assessing the capabilities and
    readiness of these forces, goals for achieving certain capability and
    readiness levels (as well as for recruiting, training, and equipping), and
    the milestones and notional timetable for achieving these goals. This
    should include:

      ``--The number of police recruits that have received classroom training
    and the duration of such instruction;

      ``--The number of veteran police officers who have received classroom
    instruction and the duration of such instruction;

      ``--The number of police candidates screened by the Iraqi Police
    Screening Service, the number of candidates derived from other entry
    procedures, and the success rates of those groups of candidates;

      ``--The number of Iraqi police forces who have received field training by
    international police trainers and the duration of such instruction; and,

      ``--Attrition rates and measures of absenteeism and infiltration by
    insurgents.

      `` The estimated total number of Iraqi battalions needed for the Iraqi
    security forces to perform duties now being undertaken by coalition forces,
    including defending Iraq's borders and providing adequate levels of law and
    order throughout the country.

      `` The effectiveness of the Iraqi military and police officer cadres and
    the chain of command.

      `` The number of U.S. and coalition advisors needed to support the Iraqi
    security forces and associated ministries.
    ---------------------------------------------------------------------------

        ``Finally, the conferees direct the Secretary to include in this
    report (or classified annex to the report, as necessary) an assessment
    of U.S. military requirements, including planned force rotations,
    through the end of calendar year 2006. The conferees direct the
    Secretary to submit this report not later than 60 days after the
    enactment of this Act, and every 90 days thereafter through the end of
    fiscal year 2006.''.
    ---------------------------------------------------------------------------
        (b) Appropriate Committees of Congress Defined.--In this
    section, the term ``appropriate committees of Congress''
    means--
              (1) the Committee on Armed Services, the Select
            Committee on Intelligence, and the Committee on
            Appropriations of the Senate; and
              (2) the Committee on Armed Services, the Permanent
            Select Committee on Intelligence, and the Committee on
            Appropriations of the House of Representatives.
        (c) Termination of Requirement.--This section shall cease
    to be in effect after 12 of the quarterly briefings specified
    in subsection (a) have been provided or December 31, 2008,
    whichever is later.

    SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND
                        IRAQ.

        (a) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees a report on records of
    civilian casualties in Afghanistan and Iraq.
        (b) Matters to Be Included.--The report under subsection
    (a) shall include the following:
              (1) Whether records of civilian casualties in
            Afghanistan and Iraq are kept by the United States
            Armed Forces and if such records are kept--
                      (A) how and from what sources the information
                    for those records is collected;
                      (B) where those records are kept; and
                      (C) what officials or organizations are
                    responsible for maintaining those records.
              (2) Whether such records (if kept) contain--
                      (A) any information relating to the
                    circumstances under which the casualties
                    occurred and whether those casualties were
                    fatalities or injuries;
                      (B) information as to whether any condolence
                    payment, compensation, or assistance was
                    provided to the victim or to the victim's
                    family; and
                      (C) any other information relating to those
                    casualties.

    SEC. 1224.\7\ ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS TO CARRY OUT
                        UNITED NATIONS RESOLUTIONS.

        (a) Requirement for Annual Report.--
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) Department of defense costs.--Not later than
            April 30 of each year, the Secretary of Defense shall
            submit to the congressional committees specified in
            paragraph (2) a report on Department of Defense costs
            during the preceding fiscal year to carry out United
            Nations resolutions.
              (2) Specified committees.--The committees specified
            in this paragraph are--
                      (A) the Committee on Armed Services, the
                    Committee on Foreign Relations, and the
                    Committee on Appropriations of the Senate; and
                      (B) the Committee on Armed Services, the
                    Committee on International Relations, and the
                    Committee on Appropriations of the House of
                    Representatives.
        (b) Matters to Be Included.--Each report under subsection
    (a) shall set forth the following:
              (1) All direct and indirect costs (including
            incremental costs) incurred by the Department of
            Defense during the preceding fiscal year in
            implementing or supporting any resolution adopted by
            the United Nations Security Council, including any such
            resolution calling for--
                      (A) international sanctions;
                      (B) international peacekeeping operations;
                      (C) international peace enforcement
                    operations;
                      (D) monitoring missions;
                      (E) observer missions; or
                      (F) humanitarian missions.
              (2) An aggregate of all such Department of Defense
            costs by operation or mission and the total cost to
            United Nations members of each operation or mission.
              (3) All direct and indirect costs (including
            incremental costs) incurred by the Department of
            Defense during the preceding fiscal year in training,
            equipping, and otherwise assisting, preparing,
            providing resources for, and transporting foreign
            defense or security forces for implementing or
            supporting any resolution adopted by the United Nations
            Security Council, including any such resolution
            specified in paragraph (1).
              (4) All efforts made to seek credit against past
            United Nations expenditures.
              (5) All efforts made to seek compensation from the
            United Nations for costs incurred by the Department of
            Defense in implementing and supporting United Nations
            activities.
        (c) Coordination.--The report under subsection (a) each
    year shall be prepared in coordination with the Secretary of
    State.
        (d) Form of Report.--Each report required by this section
    shall be submitted in unclassified form, but may include a
    classified annex.

    SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE LABELLE
                        DISCOTHEQUE.

        (a) Sense of Congress.--It is the sense of Congress that--
              (1) the Government of Libya should be commended for
            the steps the Government has taken to renounce
            terrorism and to eliminate Libya's weapons of mass
            destruction and related programs; and
              (2) an important priority for improving relations
            between the United States and Libya should be a good
            faith effort on the part of the Government of Libya to
            resolve the claims of members of the Armed Forces of
            the United States and other United States citizens who
            were injured in the bombing of the LaBelle Discotheque
            in Berlin, Germany that occurred in April 1986, and of
            family members of members of the Armed Forces of the
            United States who were killed in that bombing.
        (b) Reports.--
              (1) Initial report.--Not later than 90 days after the
            date of enactment of this Act, the Secretary of State
            shall submit to the appropriate congressional
            committees a report on the status of negotiations
            between the Government of Libya and United States
            claimants in connection with the bombing of the LaBelle
            Discotheque in Berlin, Germany that occurred in April
            1986, regarding resolution of their claims. The report
            shall also include information on efforts by the
            Government of the United States to urge the Government
            of Libya to make a good faith effort to resolve such
            claims.
              (2) Update.--Not later than one year after enactment
            of this Act, the Secretary of State shall submit to the
            appropriate congressional committees an update of the
            report required by paragraph (1).
        (c) Appropriate Congressional Committees Defined.--In this
    section, the term ``appropriate congressional committees''
    means the Committee on Armed Services and the Committee on
    Foreign Relations of the Senate and the Committee on Armed
    Services and the Committee on International Relations of the
    House of Representatives.

    SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH RUSSIA ON
                        ISSUES PERTAINING TO MISSILE DEFENSE.

        It is the sense of Congress that--
              (1) cooperation between the United States and Russia
            with regard to missile defense is in the interest of
            the United States;
              (2) there does not exist strong enough engagement
            between the United States and Russia with respect to
            missile defense cooperation;
              (3) the United States should explore innovative and
            nontraditional means of cooperation with Russia on
            issues pertaining to missile defense; and
              (4) as part of such an effort, the Secretary of
            Defense should consider the possibilities for United
            States-Russian cooperation with respect to missile
            defense through--
                      (A) the testing of specific elements of the
                    detection and tracking equipment of the Missile
                    Defense Agency of the United States Department
                    of Defense through the use of Russian target
                    missiles;
                      (B) the provision of early warning radar to
                    the Missile Defense Agency by the use of
                    Russian radar data; and
                      (C) the implementation of the Joint Data
                    Exchange Center in Moscow to improve early
                    warning capabilities.

    SEC. 1227.\8\ UNITED STATES POLICY ON IRAQ.

        (a) Short Title.--This section may be cited as the ``United
    States Policy in Iraq Act''.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
        (b) Sense of Congress.--It is the sense of the Congress
    that, in order to succeed in Iraq--
              (1) members of the United States Armed Forces who are
            serving or have served in Iraq and their families
            deserve the utmost respect and the heartfelt gratitude
            of the American people for their unwavering devotion to
            duty, service to the Nation, and selfless sacrifice
            under the most difficult circumstances; the United
            States Congress supports our troops and supports a
            successful conclusion to their mission;
              (2) it is important to recognize that the Iraqi
            people have made enormous sacrifices and that the
            overwhelming majority of Iraqis want to live in peace
            and security; and that the Iraqi security forces in a
            growing number of incidences are fighting side-by-side
            with coalition forces, are increasing in numbers and
            improving in military capability;
              (3) the terrorists seeking to prevent the emergence
            of a secure, stable, peaceful, and democratic Iraq are
            led by individuals seeking to restore dictatorship in
            Iraq or who want to advance al Qaeda's broad vision of
            violently extreme Islam in the Middle East;
              (4) calendar year 2006 should be a period of
            significant transition to full Iraqi sovereignty, with
            Iraqi security forces taking the lead for the security
            of a free and sovereign Iraq, thereby creating the
            conditions for the phased redeployment of United States
            forces from Iraq;
              (5) United States military forces should not stay in
            Iraq any longer than required and the professional
            military judgment of our senior military should be a
            key factor in future decisions;
              (6) the Administration should tell the leaders of all
            groups and political parties in Iraq that they need to
            make the compromises necessary to achieve the broad-
            based and sustainable political settlement that is
            essential for defeating the insurgency in Iraq, within
            the schedule they set for themselves; and
              (7) the President has committed to continue to
            explain to Congress and the American people progress
            toward a successful completion of the mission in Iraq.
        (c) Reports to Congress on United States Policy and
    Military Operations in Iraq.--Not later than 90 days after the
    date of the enactment of this Act, and every three months
    thereafter until all United States combat brigades have
    redeployed from Iraq, the President shall submit to Congress a
    report on United States policy and military operations in Iraq.
    To the maximum extent practicable, the report required in (c)
    shall be unclassified, with a classified annex if necessary.
    Each report shall include to the extent practical, the
    following information:
              (1) The current military mission and the diplomatic,
            political, economic, and military measures that are
            being or have been undertaken to successfully complete
            or support that mission, including:
                      (A) Efforts to convince Iraq's main
                    communities to make the compromises necessary
                    for a broad-based and sustainable political
                    settlement.
                      (B) Engaging the international community and
                    the region in efforts to stabilize Iraq and to
                    forge a broad-based and sustainable political
                    settlement.
                      (C) Strengthening the capacity of Iraq's
                    government ministries.
                      (D) Accelerating the delivery of basic
                    services.
                      (E) Securing the delivery of pledged economic
                    assistance from the international community and
                    additional pledges of assistance.
                      (F) Training Iraqi security forces and
                    transferring additional security
                    responsibilities to those forces and the
                    government of Iraq.
              (2) Whether the Iraqis have made the compromises
            necessary to achieve the broad-based and sustainable
            political settlement that is essential for defeating
            the insurgency in Iraq.
              (3) Any specific conditions included in the April
            2005 Multi-National Forces-Iraq campaign action plan
            (referred to in United States Government Accountability
            Office October 2005 report on Rebuilding Iraq: DOD
            Reports Should Link Economic, Governance, and Security
            Indicators to Conditions for Stabilizing Iraq), and any
            subsequent updates to that campaign plan, that must be
            met in order to provide for the transition of
            additional security responsibility to Iraqi security
            forces.
              (4) To the extent that these conditions are not
            covered under paragraph (3), the following should also
            be addressed:
                      (A) The number of battalions of the Iraqi
                    Armed Forces that must be able to operate
                    independently or to take the lead in
                    counterinsurgency operations and the defense of
                    Iraq's territory.
                      (B) The number of Iraqi special police units
                    that must be able to operate independently or
                    to take the lead in maintaining law and order
                    and fighting the insurgency.
                      (C) The number of regular police that must be
                    trained and equipped to maintain law and order.
                      (D) The ability of Iraq's Federal ministries
                    and provincial and local governments to
                    independently sustain, direct, and coordinate
                    Iraq's security forces.
              (5) The criteria to be used to evaluate progress
            toward meeting such conditions.
              (6) A plan for meeting such conditions, an assessment
            of the extent to which such conditions have been met,
            information regarding variables that could alter that
            plan, and the reasons for any subsequent changes to
            that plan.

                           Subtitle D--Other Matters

    SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION PURPOSES
                        IN COUNTRIES IN WHICH COMBAT OPERATIONS ARE
                        ONGOING.

        (a) Force Protection Purchases.--Chapter 3 of title 10,
    United States Code, is amended by inserting after section 127b
    the following new section:

    ``Sec. 127c. Purchase of weapons overseas: force protection * * *

        (b) Clerical Amendment.--The table of sections at the
    beginning of such chapter is amended by inserting after the
    item relating to section 127b the following new item: * * *

    SEC. 1232.\9\ RIOT CONTROL AGENTS.

        (a) Restatement of Policy.--It is the policy of the United
    States that riot control agents are not chemical weapons and
    that the President may authorize their use as legitimate,
    legal, and non-lethal alternatives to the use of force that, as
    provided in Executive Order No. 11850 (40 Fed. Reg. 16187) and
    consistent with the resolution of ratification of the Chemical
    Weapons Convention, may be employed by members of the Armed
    Forces in war in defensive military modes to save lives,
    including the illustrative purposes cited in Executive Order
    No. 11850.
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. 1512 note. For text of Executive Order 11850, see
    Legislation on Foreign Relations Through 2005, vol. II-B.
    ---------------------------------------------------------------------------
        (b) Report Required.--
              (1) In general.--Not later than 180 days after the
            date of the enactment of this Act, the President shall
            submit to Congress a report on the use of riot control
            agents by members of the Armed Forces.
              (2) Content.--The report required by paragraph (1)
            shall include--
                      (A) a description of all regulations,
                    doctrines, training materials, and any other
                    information related to the use of riot control
                    agents by members of the Armed Forces;
                      (B) a description of how the material
                    described in subparagraph (A) is consistent
                    with United States policy on the use of riot
                    control agents;
                      (C) a description of the availability of riot
                    control agents, and the means to use them, to
                    members of the Armed Forces, including members
                    of the Armed Forces deployed in Iraq and
                    Afghanistan;
                      (D) a description of the frequency and
                    circumstances of the use of riot control agents
                    by members of the Armed Forces since January 1,
                    1992, and a summary of views held by commanders
                    of United States combatant commands as to the
                    utility of the use of riot control agents by
                    members of the Armed Forces when compared with
                    alternatives;
                      (E) a general description of steps taken or
                    planned to be taken by the Department of
                    Defense to clarify the circumstances under
                    which riot control agents may be used by
                    members of the Armed Forces; and
                      (F) a brief explanation of the continuing
                    validity of Executive Order No. 11850 under
                    United States law.
              (3) Form.--The report required by paragraph (1) shall
            be submitted in unclassified form, but may include a
            classified annex.
        (c) Definitions.--In this section:
              (1) Chemical weapons convention.--The term ``Chemical
            Weapons Convention'' means the Convention on the
            Prohibitions of Development, Production, Stockpiling
            and Use of Chemical Weapons and on Their Destruction,
            with annexes, done at Paris, January 13, 1993, and
            entered into force April 29, 1997 (T. Doc. 103-21).
              (2) Resolution of ratification of the chemical
            weapons convention.--The term ``resolution of
            ratification of the Chemical Weapons Convention'' means
            S. Res. 75, 105th Congress, agreed to April 24, 1997,
            advising and consenting to the ratification of the
            Chemical Weapons Convention.

    SEC. 1233.\10\ REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA
                        APPLICABLE TO GLOBAL POSTURE REVIEW.

        (a) Criteria.--As part of the Integrated Global Presence
    and Basing Strategy (IGPBS) developed by the Department of
    Defense that is referred to as the ``Global Posture Review'',
    the Secretary of Defense, in consultation with the Chairman of
    the Joint Chiefs of Staff, shall develop criteria for
    assessing, with respect to each type of facility specified in
    subsection (c) that is to be located in a foreign country, the
    following factors:
    ---------------------------------------------------------------------------
        \10\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) The effect of any new basing arrangements on the
            strategic mobility requirements of the Department of
            Defense.
              (2) The ability of units deployed to overseas
            locations in areas in which United States Armed Forces
            have not traditionally been deployed to meet mobility
            response times required by operational planners.
              (3) The cost of deploying units to areas referred to
            in paragraph (2) on a rotational basis (rather than on
            a permanent basing basis).
              (4) The strategic benefit of rotational deployments
            through countries with which the United States is
            developing a close or new security relationship.
              (5) Whether the relative speed and complexity of
            conducting negotiations with a particular country is a
            discriminator in the decision to deploy forces within
            the country.
              (6) The appropriate and available funding mechanisms
            for the establishment, operation, and sustainment of
            specific Main Operating Bases, Forward Operating Bases,
            or Cooperative Security Locations.
              (7) The effect on military quality of life of the
            unaccompanied deployment of units to new facilities in
            overseas locations.
              (8) Other criteria as Secretary of Defense determines
            appropriate.
        (b) Analysis of Alternatives to Basing or Operating
    Locations.--The Secretary of Defense, in consultation with the
    Chairman of the Joint Chiefs of Staff, shall develop a
    mechanism for analyzing alternatives to any particular overseas
    basing or operating location. Such a mechanism shall
    incorporate the factors specified in each of paragraphs (1)
    through (5) of subsection (a).
        (c) Minimal Infrastructure Requirements for Overseas
    Installations.--The Secretary of Defense shall develop a
    description of minimal infrastructure requirements for each of
    the following types of facilities:
              (1) Facilities categorized as Main Operating Bases.
              (2) Facilities categorized as Forward Operating
            Bases.
              (3) Facilities categorized as Cooperative Security
            Locations.
        (d) Notification Required.--Not later than 30 days after an
    agreement is entered into between the United States and a
    foreign country to support the deployment of elements of the
    United States Armed Forces in that country, the Secretary of
    Defense shall submit to the congressional defense committees a
    written notification of such agreement. The notification under
    this subsection shall include the terms of the agreement, any
    costs to the United States resulting from the agreement, and a
    timeline to carry out the terms of the agreement.
        (e) Annual Budget Element.--The Secretary of Defense shall
    submit to Congress, as an element of the annual budget request
    of the Secretary, information regarding the funding sources for
    the establishment, operation, and sustainment of individual
    Main Operating Bases, Forward Operating Bases, or Cooperative
    Security Locations.
        (f) Report.--Not later than March 30, 2006, the Secretary
    of Defense shall submit to Congress a report on the matters
    specified in subsections (a) through (c).

    SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW COMMISSION.

        (a) Findings.--Congress finds the following:
              (1) The 2004 Report to Congress of the United States-
            China Economic and Security Review Commission states
            that--
                      (A) China's State-Owned Enterprises (SOEs)
                    lack adequate disclosure standards, which
                    creates the potential for United States
                    investors to unwittingly contribute to
                    enterprises that are involved in activities
                    harmful to United States security interests;
                      (B) United States influence and vital long-
                    term interests in Asia are being challenged by
                    China's robust regional economic engagement and
                    diplomacy;
                      (C) the assistance of China and North Korea
                    to global ballistic missile proliferation is
                    extensive and ongoing;
                      (D) China's transfers of technology and
                    components for weapons of mass destruction
                    (WMD) and their delivery systems to countries
                    of concern, including countries that support
                    acts of international terrorism, have helped
                    create a new tier of countries with the
                    capability to produce WMD and ballistic
                    missiles;
                      (E) the removal of the European Union arms
                    embargo against China that is currently under
                    consideration in the European Union would
                    accelerate weapons modernization and
                    dramatically enhance Chinese military
                    capabilities;
                      (F) China is developing a leading-edge
                    military with the objective of intimidating
                    Taiwan and deterring United States involvement
                    in the Taiwan Strait, and China's qualitative
                    and quantitative military advancements have
                    already resulted in a dramatic shift in the
                    cross-Strait military balance toward China; and
                      (G) China's growing energy needs are driving
                    China into bilateral arrangements that
                    undermine multilateral efforts to stabilize oil
                    supplies and prices, and in some cases may
                    involve dangerous weapons transfers.
              (2) On March 14, 2005, the National People's Congress
            approved a law that would authorize the use of force if
            Taiwan formally declares independence.
        (b) Sense of Congress for Comprehensive Strategy.--It is
    the sense of Congress that the President should present to
    Congress quickly a comprehensive strategy to--
              (1) address the emergence of China economically,
            diplomatically, and militarily;
              (2) promote mutually beneficial trade relations with
            China; and
              (3) encourage China's adherence to international
            norms in the areas of trade, international security,
            and human rights.
        (c) Contents of Strategy.--The strategy referred to in
    subsection (b) should address the following:
              (1) Actions to address China's policy of undervaluing
            its currency, including--
                      (A) encouraging China to continue to upwardly
                    revalue the Chinese yuan against the United
                    States dollar;
                      (B) allowing the yuan to float against a
                    trade-weighted basket of currencies; and
                      (C) concurrently encouraging United States
                    trading partners with similar interests to join
                    in these efforts.
              (2) Actions to make better use of the World Trade
            Organization (WTO) dispute settlement mechanism and
            applicable United States trade laws to redress China's
            trade practices, including--
                      (A) exchange rate manipulation;
                      (B) denial of trading and distribution
                    rights;
                      (C) insufficient intellectual property rights
                    protection;
                      (D) objectionable labor standards;
                      (E) subsidization of exports; and
                      (F) forced technology transfers as a
                    condition of doing business.
              (3) The United States Trade Representative should
            consult with United States trading partners regarding
            any trade dispute with China.
              (4) Actions to encourage United States diplomatic
            efforts to identify and pursue initiatives to
            revitalize United States engagement in East Asia. The
            initiatives should have a regional focus and complement
            bilateral efforts. The Asia-Pacific Economic
            Cooperation forum (APEC) offers a ready mechanism for
            pursuit of such initiatives.
              (5) Actions by the administration to work with China
            to prevent proliferation of prohibited technologies and
            to secure China's agreement to renew efforts to curtail
            commercial export by North Korea of ballistic missiles.
              (6) Actions by the Secretary of State and the
            Secretary of Energy to consult with the International
            Atomic Energy Agency with the objective of upgrading
            the current loose experience-sharing arrangement
            whereby China engages in some limited exchanges with
            the organization to a more structured arrangement.
              (7) Actions by the administration to develop a
            coordinated, comprehensive national policy and strategy
            designed to maintain United States scientific and
            technological leadership and competitiveness, in light
            of the rise of China and the challenges of
            globalization.
              (8) Actions to review laws and regulations governing
            the Committee on Foreign Investment in the United
            States (CFIUS), including exploring whether the
            definition of national security should include the
            potential impact on national economic security as a
            criterion to be reviewed, and whether the chairmanship
            of CFIUS should be transferred from the Secretary of
            the Treasury to a more appropriate executive branch
            agency.
              (9) Actions by the President and the Secretary of
            State and Secretary of Defense to press strongly their
            counterparts in the European Union and its member
            states to maintain and strengthen the embargo on
            selling arms to China.
              (10) Actions by the administration to discourage
            foreign defense contractors from selling sensitive
            military-use technology or weapons systems to China.
    ---------------------------------------------------------------------------
        \11\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II-B.
    ---------------------------------------------------------------------------

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \11\

              * * * * * * *

                    TITLE XIV--MATTERS RELATING TO DETAINEES

    Sec. 1401. Short title
    Sec. 1402. Uniform standards for the interrogation of persons under the
              detention of the Department of Defense
    Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or
              punishment of persons under custody or control of the United
              States Government
    Sec. 1404. Protection of United States Government personnel engaged in
              authorized interrogations
    Sec. 1405. Procedures for status review of detainees outside the United
              States
    Sec. 1406. Training of Iraqi security forces regarding treatment of
              detainees

    SEC. 1401.\12\ SHORT TITLE.

        This title may be cited as the ``Detainee Treatment Act of
    2005''.
    ---------------------------------------------------------------------------
        \12\ 42 U.S.C. 2000dd note.
    ---------------------------------------------------------------------------

    SEC. 1402.\13\ UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER
                        THE DETENTION OF THE DEPARTMENT OF DEFENSE.

        (a) In General.--No person in the custody or under the
    effective control of the Department of Defense or under
    detention in a Department of Defense facility shall be subject
    to any treatment or technique of interrogation not authorized
    by and listed in the United States Army Field Manual on
    Intelligence Interrogation.
    ---------------------------------------------------------------------------
        \13\ 10 U.S.C. 801 note.
    ---------------------------------------------------------------------------
        (b) Applicability.--Subsection (a) shall not apply with
    respect to any person in the custody or under the effective
    control of the Department of Defense pursuant to a criminal law
    or immigration law of the United States.
        (c) Construction.--Nothing in this section shall be
    construed to affect the rights under the United States
    Constitution of any person in the custody or under the physical
    jurisdiction of the United States.

    SEC. 1403.\14\ PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR
                        PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF
                        THE UNITED STATES GOVERNMENT.

        (a) In General.--No individual in the custody or under the
    physical control of the United States Government, regardless of
    nationality or physical location, shall be subject to cruel,
    inhuman, or degrading treatment or punishment.
    ---------------------------------------------------------------------------
        \14\ 42 U.S.C. 2000dd.
    ---------------------------------------------------------------------------
        (b) Construction.--Nothing in this section shall be
    construed to impose any geographical limitation on the
    applicability of the prohibition against cruel, inhuman, or
    degrading treatment or punishment under this section.
        (c) Limitation on Supersedure.--The provisions of this
    section shall not be superseded, except by a provision of law
    enacted after the date of the enactment of this Act which
    specifically repeals, modifies, or supersedes the provisions of
    this section.
        (d) Cruel, Inhuman, or Degrading Treatment or Punishment
    Defined.--In this section, the term ``cruel, inhuman, or
    degrading treatment or punishment'' means the cruel, unusual,
    and inhumane treatment or punishment prohibited by the Fifth,
    Eighth, and Fourteenth Amendments to the Constitution of the
    United States, as defined in the United States Reservations,
    Declarations and Understandings to the United Nations
    Convention Against Torture and Other Forms of Cruel, Inhuman or
    Degrading Treatment or Punishment done at New York, December
    10, 1984.

    SEC. 1404.\15\ PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED
                        IN AUTHORIZED INTERROGATIONS.

        (a) Protection of United States Government Personnel.--In
    any civil action or criminal prosecution against an officer,
    employee, member of the Armed Forces, or other agent of the
    United States Government who is a United States person, arising
    out of the officer, employee, member of the Armed Forces, or
    other agent's engaging in specific operational practices, that
    involve detention and interrogation of aliens who the President
    or his designees have determined are believed to be engaged in
    or associated with international terrorist activity that poses
    a serious, continuing threat to the United States, its
    interests, or its allies, and that were officially authorized
    and determined to be lawful at the time that they were
    conducted, it shall be a defense that such officer, employee,
    member of the Armed Forces, or other agent did not know that
    the practices were unlawful and a person of ordinary sense and
    understanding would not know the practices were unlawful. Good
    faith reliance on advice of counsel should be an important
    factor, among others, to consider in assessing whether a person
    of ordinary sense and understanding would have known the
    practices to be unlawful. Nothing in this section shall be
    construed to limit or extinguish any defense or protection
    otherwise available to any person or entity from suit, civil or
    criminal liability, or damages, or to provide immunity from
    prosecution for any criminal offense by the proper authorities.
    ---------------------------------------------------------------------------
        \15\ 42 U.S.C. 2000dd-1.
    ---------------------------------------------------------------------------
        (b) Counsel.--The United States Government may provide or
    employ counsel, and pay counsel fees, court costs, bail, and
    other expenses incident to the representation of an officer,
    employee, member of the Armed Forces, or other agent described
    in subsection (a), with respect to any civil action or criminal
    prosecution arising out of practices described in that
    subsection, under the same conditions, and to the same extent,
    to which such services and payments are authorized under
    section 1037 of title 10, United States Code.

    SEC. 1405.\16\ PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE
                        UNITED STATES.

        (a) Submittal of Procedures for Status Review of Detainees
    at Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
    ---------------------------------------------------------------------------
        \16\ 10 U.S.C. 801 note.
    ---------------------------------------------------------------------------
              (1) In general.--Not later than 180 days after the
            date of the enactment of this Act, the Secretary of
            Defense shall submit to the Committee on Armed Services
            and the Committee on the Judiciary of the Senate and
            the Committee on Armed Services and the Committee on
            the Judiciary of the House of Representatives a report
            setting forth--
                      (A) the procedures of the Combatant Status
                    Review Tribunals and the Administrative Review
                    Boards established by direction of the
                    Secretary of Defense that are in operation at
                    Guantanamo Bay, Cuba, for determining the
                    status of the detainees held at Guantanamo Bay
                    or to provide an annual review to determine the
                    need to continue to detain an alien who is a
                    detainee; and
                      (B) the procedures in operation in
                    Afghanistan and Iraq for a determination of the
                    status of aliens detained in the custody or
                    under the physical control of the Department of
                    Defense in those countries.
              (2) Designated civilian official.--The procedures
            submitted to Congress pursuant to paragraph (1)(A)
            shall ensure that the official of the Department of
            Defense who is designated by the President or Secretary
            of Defense to be the final review authority within the
            Department of Defense with respect to decisions of any
            such tribunal or board (referred to as the ``Designated
            Civilian Official'') shall be a civilian officer of the
            Department of Defense holding an office to which
            appointments are required by law to be made by the
            President, by and with the advice and consent of the
            Senate.
              (3) Consideration of new evidence.--The procedures
            submitted under paragraph (1)(A) shall provide for
            periodic review of any new evidence that may become
            available relating to the enemy combatant status of a
            detainee.
        (b) Consideration of Statements Derived With Coercion.--
              (1) Assessment.--The procedures submitted to Congress
            pursuant to subsection (a)(1)(A) shall ensure that a
            Combatant Status Review Tribunal or Administrative
            Review Board, or any similar or successor
            administrative tribunal or board, in making a
            determination of status or disposition of any detainee
            under such procedures, shall, to the extent
            practicable, assess--
                      (A) whether any statement derived from or
                    relating to such detainee was obtained as a
                    result of coercion; and
                      (B) the probative value, if any, of any such
                    statement.
              (2) Applicability.--Paragraph (1) applies with
            respect to any proceeding beginning on or after the
            date of the enactment of this Act.
        (c) Report on Modification of Procedures.--The Secretary of
    Defense shall submit to the committees specified in subsection
    (a)(1) a report on any modification of the procedures submitted
    under subsection (a). Any such report shall be submitted not
    later than 60 days before the date on which such modification
    goes into effect.
        (d) Annual Report.--
              (1) Report required.--The Secretary of Defense shall
            submit to Congress an annual report on the annual
            review process for aliens in the custody of the
            Department of Defense outside the United States. Each
            such report shall be submitted in unclassified form,
            with a classified annex, if necessary. The report shall
            be submitted not later than December 31 each year.
              (2) Elements of report.--Each such report shall
            include the following with respect to the year covered
            by the report:
                      (A) The number of detainees whose status was
                    reviewed.
                      (B) The procedures used at each location.
        (e) Judicial Review of Detention of Enemy Combatants.--
              (1) In general.--Section 2241 of title 28, United
            States Code, is amended by adding at the end the
            following:
        ``(e) Except as provided in section 1405 of the Detainee
    Treatment Act of 2005, no court, justice, or judge shall have
    jurisdiction to hear or consider--
              ``(1) an application for a writ of habeas corpus
            filed by or on behalf of an alien detained by the
            Department of Defense at Guantanamo Bay, Cuba; or
              ``(2) any other action against the United States or
            its agents relating to any aspect of the detention by
            the Department of Defense of an alien at Guantanamo
            Bay, Cuba, who--
                      ``(A) is currently in military custody; or
                      ``(B) has been determined by the United
                    States Court of Appeals for the District of
                    Columbia Circuit in accordance with the
                    procedures set forth in section 1405(e) of the
                    Detainee Treatment Act of 2005 to have been
                    properly detained as an enemy combatant.''.
              (2) Review of decisions of combatant status review
            tribunals of propriety of detention.--
                      (A) In general.--Subject to subparagraphs
                    (B), (C), and (D), the United States Court of
                    Appeals for the District of Columbia Circuit
                    shall have exclusive jurisdiction to determine
                    the validity of any final decision of a
                    Combatant Status Review Tribunal that an alien
                    is properly detained as an enemy combatant.
                      (B) Limitation on claims.--The jurisdiction
                    of the United States Court of Appeals for the
                    District of Columbia Circuit under this
                    paragraph shall be limited to claims brought by
                    or on behalf of an alien--
                              (i) who is, at the time a request for
                            review by such court is filed, detained
                            by the Department of Defense at
                            Guantanamo Bay, Cuba; and
                              (ii) for whom a Combatant Status
                            Review Tribunal has been conducted,
                            pursuant to applicable procedures
                            specified by the Secretary of Defense.
                      (C) Scope of review.--The jurisdiction of the
                    United States Court of Appeals for the District
                    of Columbia Circuit on any claims with respect
                    to an alien under this paragraph shall be
                    limited to the consideration of--
                              (i) whether the status determination
                            of the Combatant Status Review Tribunal
                            with regard to such alien was
                            consistent with the standards and
                            procedures specified by the Secretary
                            of Defense for Combatant Status Review
                            Tribunals (including the requirement
                            that the conclusion of the Tribunal be
                            supported by a preponderance of the
                            evidence and allowing a rebuttable
                            presumption in favor the Government's
                            evidence); and
                              (ii) to the extent the Constitution
                            and laws of the United States are
                            applicable, whether the use of such
                            standards and procedures to make the
                            determination is consistent with the
                            Constitution and laws of the United
                            States.
                      (D) Termination on release from custody.--The
                    jurisdiction of the United States Court of
                    Appeals for the District of Columbia Circuit
                    with respect to the claims of an alien under
                    this paragraph shall cease upon the release of
                    such alien from the custody of the Department
                    of Defense.
              (3) Review of final decisions of military
            commissions.--
                      (A) In general.--Subject to subparagraphs
                    (B), (C), and (D), the United States Court of
                    Appeals for the District of Columbia Circuit
                    shall have exclusive jurisdiction to determine
                    the validity of any final decision rendered
                    pursuant to Military Commission Order No. 1,
                    dated August 31, 2005 (or any successor
                    military order).
                      (B) Grant of review.--Review under this
                    paragraph--
                              (i) with respect to a capital case or
                            a case in which the alien was sentenced
                            to a term of imprisonment of 10 years
                            or more, shall be as of right; or
                              (ii) with respect to any other case,
                            shall be at the discretion of the
                            United States Court of Appeals for the
                            District of Columbia Circuit.
                      (C) Limitation on appeals.--The jurisdiction
                    of the United States Court of Appeals for the
                    District of Columbia Circuit under this
                    paragraph shall be limited to an appeal brought
                    by or on behalf of an alien--
                              (i) who was, at the time of the
                            proceedings pursuant to the military
                            order referred to in subparagraph (A),
                            detained by the Department of Defense
                            at Guantanamo Bay, Cuba; and
                              (ii) for whom a final decision has
                            been rendered pursuant to such military
                            order.
                      (D) Scope of review.--The jurisdiction of the
                    United States Court of Appeals for the District
                    of Columbia Circuit on an appeal of a final
                    decision with respect to an alien under this
                    paragraph shall be limited to the consideration
                    of--
                              (i) whether the final decision was
                            consistent with the standards and
                            procedures specified in the military
                            order referred to in subparagraph (A);
                            and
                              (ii) to the extent the Constitution
                            and laws of the United States are
                            applicable, whether the use of such
                            standards and procedures to reach the
                            final decision is consistent with the
                            Constitution and laws of the United
                            States.
              (4) Respondent.--The Secretary of Defense shall be
            the named respondent in any appeal to the United States
            Court of Appeals for the District of Columbia Circuit
            under this subsection.
        (f) Construction.--Nothing in this section shall be
    construed to confer any constitutional right on an alien
    detained as an enemy combatant outside the United States.
        (g) United States Defined.--For purposes of this section,
    the term ``United States'', when used in a geographic sense, is
    as defined in section 101(a)(38) of the Immigration and
    Nationality Act and, in particular, does not include the United
    States Naval Station, Guantanamo Bay, Cuba.
        (h) Effective Date.--
              (1) In general.--This section shall take effect on
            the date of the enactment of this Act.
              (2) Review of combatant status tribunal and military
            commission decisions.--Paragraphs (2) and (3) of
            subsection (e) shall apply with respect to any claim
            whose review is governed by one of such paragraphs and
            that is pending on or after the date of the enactment
            of this Act.

    SEC. 1406.\17\ TRAINING OF IRAQI SECURITY FORCES REGARDING TREATMENT OF
                        DETAINEES.

        (a) Required Policies.--
    ---------------------------------------------------------------------------
        \17\ 10 U.S.C. 801 note.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of Defense shall
            prescribe policies designed to ensure that all military
            and civilian Department of Defense personnel or
            contractor personnel of the Department of Defense
            responsible for the training of any unit of the Iraqi
            Security Forces provide training to such units
            regarding the international obligations and laws
            applicable to the humane treatment of detainees,
            including protections afforded under the Geneva
            Conventions and the Convention Against Torture.
              (2) Acknowledgment of training.--The Secretary shall
            ensure that, for all personnel of the Iraqi Security
            Forces who are provided training referred to in
            paragraph (1), there is documented acknowledgment that
            such training has been provided.
              (3) Deadline for policies to be prescribed.--The
            policies required by paragraph (1) shall be prescribed
            not later than 180 days after the date of the enactment
            of this Act.
        (b) Army Field Manual.--
              (1) Translation.--The Secretary of Defense shall
            provide for the unclassified portions of the United
            States Army Field Manual on Intelligence Interrogation
            to be translated into Arabic and any other language the
            Secretary determines appropriate for use by members of
            the Iraqi security forces.
              (2) Distribution.--The Secretary of Defense shall
            provide for such manual, as translated, to be
            distributed to all appropriate officials of the Iraqi
            Government, including, but not limited to, the Iraqi
            Minister of Defense, the Iraqi Minister of Interior,
            senior Iraqi military personnel, and appropriate
            members of the Iraqi Security Forces with a
            recommendation that the principles that underlay the
            manual be adopted by the Iraqis as the basis for their
            policies on interrogation of detainees.
        (c) Transmittal to Congressional Committees.--Not less than
    30 days after the date on which policies are first prescribed
    under subsection (a), the Secretary of Defense shall submit to
    the Committee on Armed Services of the Senate and the Committee
    on Armed Services of the House of Representatives copies of
    such regulations, policies, or orders, together with a report
    on steps taken to the date of the report to implement this
    section.
        (d) Annual Report.--Not less than one year after the date
    of the enactment of this Act, and annually thereafter, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on the implementation of
    this section.

      TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
                     FREEDOM AND OPERATION ENDURING FREEDOM

              * * * * * * *

    SEC. 1501. PURPOSE.

        The purpose of this title is to authorize emergency
    supplemental appropriations for the Department of Defense for
    fiscal year 2006 to provide funds for additional costs due to
    Operation Iraqi Freedom and Operation Enduring Freedom pursuant
    to section 402 of H. Con. Res. 95 (109th Congress), the
    concurrent resolution on the budget for fiscal year 2006.
              * * * * * * *

    SEC. 1511. IRAQ FREEDOM FUND.

        (a) In General.--Funds are hereby authorized to be
    appropriated for fiscal year 2006 for the Iraq Freedom Fund in
    the amount of $5,240,725,000.
        (b) Limitation on Availability of Certain Amount.--Of the
    amount authorized to be appropriated by subsection (a),
    $1,000,000,000 shall be available only for support of
    activities of the Joint Improvised Explosive Device Task Force.
        (c) Classified Programs.--Of the amount authorized to be
    appropriated by subsection (a), $2,500,000,000 shall be
    available only for classified programs.
        (d) Transfer.--
              (1) Transfer authorized.--Subject to paragraph (2),
            amounts authorized to be appropriated by subsection (a)
            may be transferred from the Iraq Freedom Fund to any
            accounts as follows:
                      (A) Operation and maintenance accounts of the
                    Armed Forces.
                      (B) Military personnel accounts.
                      (C) Research, development, test, and
                    evaluation accounts of the Department of
                    Defense.
                      (D) Procurement accounts of the Department of
                    Defense.
                      (E) Accounts providing funding for classified
                    programs.
                      (F) The operating expenses account of the
                    Coast Guard.
              (2) Notice to congress.--A transfer may not be made
            under the authority in paragraph (1) until five days
            after the date on which the Secretary of Defense
            notifies the congressional defense committees in
            writing of the transfer.
              (3) Treatment of transferred funds.--Amounts
            transferred to an account under the authority in
            paragraph (1) shall be merged with amounts in such
            account and shall be made available for the same
            purposes, and subject to the same conditions and
            limitations, as amounts in such account.
              (4) Effect on authorization amounts.--A transfer of
            an amount to an account under the authority in
            paragraph (1) shall be deemed to increase the amount
            authorized for such account by an amount equal to the
            amount transferred.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                           Subtitle B--Other Matters

              * * * * * * *

    SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF
                        RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Findings.--Congress finds that--
              (1) there is an insufficient accounting for, and
            insufficient security of, the nonstrategic nuclear
            weapons of the Russian Federation; and
              (2) because of the dangers posed by that insufficient
            accounting and security, it is in the national security
            interest of the United States to assist the Russian
            Federation in the conduct of a comprehensive inventory
            of its nonstrategic nuclear weapons.
        (b) Report.--
              (1) Report required.--Not later than April 15, 2006,
            the Secretary of Energy shall submit to Congress a
            report containing--
                      (A) the Secretary's evaluation of past and
                    current efforts by the United States to
                    encourage or facilitate a proper accounting for
                    and securing of the nonstrategic nuclear
                    weapons of the Russian Federation; and
                      (B) the Secretary's recommendations regarding
                    the actions by the United States that are most
                    likely to lead to progress in improving the
                    accounting for, and securing of, those weapons.
              (2) Consultation with secretary of defense.--The
            report under paragraph (1) shall be prepared in
            consultation with the Secretary of Defense.
              (3) Classification of report.--The report under
            paragraph (1) shall be in unclassified form, but may be
            accompanied by a classified annex.

    SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

        (a) Report Required.--Not later than 180 days after the
    date of the enactment of this Act, the Secretary of Energy
    shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report on the management by the Secretaries
    referred to in subsection (c) of border security programs in
    the countries of the former Soviet Union and other countries.
        (b) Content.--The report required under subsection (a)
    shall include--
              (1) a description of the roles and responsibilities
            of each department and agency of the United States
            Government in international border security programs;
              (2) a description of the interactions and
            coordination among departments and agencies of the
            United States Government that are conducting
            international border security programs;
              (3) a description of the mechanisms and processes
            that exist to ensure coordination, avoid duplication,
            and provide a means to resolve conflicts or problems
            that might arise in the implementation of international
            border security programs;
              (4) a discussion of whether there is existing
            interagency guidance that addresses the roles,
            interactions, and dispute resolution mechanisms for
            departments and agencies of the United States
            Government that are conducting international border
            security programs, and the adequacy of such guidance if
            it exists; and
              (5) recommendations to improve the coordination and
            effectiveness of international border security
            programs.
        (c) Consultation.--The Secretary of Energy shall prepare
    the report required by subsection (a) in consultation with the
    Secretary of Defense, the Secretary of State, and, as
    appropriate, the Secretary of Homeland Security.
              * * * * * * *
               c. Department of Defense Appropriations Act, 2006

       Partial text of division A 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,

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

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

                               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.''.

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

                                   DIVISION A

                 DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

        That the following sums are appropriated, out of any money
    in the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2006, for military functions administered
    by the Department of Defense and for other purposes, namely:
              * * * * * * *

                                    TITLE II

                           OPERATION AND MAINTENANCE

              * * * * * * *

                 Overseas Humanitarian, Disaster, and Civic Aid

        For expenses relating to the Overseas Humanitarian,
    Disaster, and Civic Aid programs of the Department of Defense
    (consisting of the programs provided under sections 401, 402,
    404, 2557, and 2561 of title 10, United States Code),
    $61,546,000, to remain available until September 30, 2007.

                  Former Soviet Union Threat Reduction Account

        For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure
    transportation and storage of nuclear, chemical and other
    weapons; for establishing programs to prevent the proliferation
    of weapons, weapons components, and weapon-related technology
    and expertise; for programs relating to the training and
    support of defense and military personnel for demilitarization
    and protection of weapons, weapons components and weapons
    technology and expertise, and for defense and military
    contacts, $415,549,000, to remain available until September 30,
    2008: Provided, That of the amounts provided under this
    heading, $15,000,000 shall be available only to support the
    dismantling and disposal of nuclear submarines, submarine
    reactor components, and security enhancements for transport and
    storage of nuclear warheads in the Russian Far East.
              * * * * * * *

                                   TITLE VIII

                               GENERAL PROVISIONS

        Sec. 8001. No part of any appropriation contained in this
    Act shall be used for publicity or propaganda purposes not
    authorized by the Congress.
        Sec. 8002.\1\ During the current fiscal year, provisions of
    law prohibiting the payment of compensation to, or employment
    of, any person not a citizen of the United States shall not
    apply to personnel of the Department of Defense: Provided, That
    salary increases granted to direct and indirect hire foreign
    national employees of the Department of Defense funded by this
    Act shall not be at a rate in excess of the percentage increase
    authorized by law for civilian employees of the Department of
    Defense whose pay is computed under the provisions of section
    5332 of title 5, United States Code, or at a rate in excess of
    the percentage increase provided by the appropriate host nation
    to its own employees, whichever is higher: Provided further,
    That this section shall not apply to Department of Defense
    foreign service national employees serving at United States
    diplomatic missions whose pay is set by the Department of State
    under the Foreign Service Act of 1980: Provided further, That
    the limitations of this provision shall not apply to foreign
    national employees of the Department of Defense in the Republic
    of Turkey.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 1584 note.
    ---------------------------------------------------------------------------
        Sec. 8003. 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. 8004. No more than 20 percent of the appropriations in
    this Act which are limited for obligation during the current
    fiscal year shall be obligated during the last 2 months of the
    fiscal year: Provided, That this section shall not apply to
    obligations for support of active duty training of reserve
    components or summer camp training of the Reserve Officers'
    Training Corps.
              * * * * * * *
        Sec. 8009.\2\ Within the funds appropriated for the
    operation and maintenance of the Armed Forces, funds are hereby
    appropriated pursuant to section 401 of title 10, United States
    Code, for humanitarian and civic assistance costs under chapter
    20 of title 10, United States Code. Such funds may also be
    obligated for humanitarian and civic assistance costs
    incidental to authorized operations and pursuant to authority
    granted in section 401 of chapter 20 of title 10, United States
    Code, and these obligations shall be reported as required by
    section 401(d) of title 10, United States Code: Provided, That
    funds available for operation and maintenance shall be
    available for providing humanitarian and similar assistance by
    using Civic Action Teams in the Trust Territories of the
    Pacific Islands and freely associated states of Micronesia,
    pursuant to the Compact of Free Association as authorized by
    Public Law 99-239: Provided further, That upon a determination
    by the Secretary of the Army that such action is beneficial for
    graduate medical education programs conducted at Army medical
    facilities located in Hawaii, the Secretary of the Army may
    authorize the provision of medical services at such facilities
    and transportation to such facilities, on a nonreimbursable
    basis, for civilian patients from American Samoa, the
    Commonwealth of the Northern Mariana Islands, the Marshall
    Islands, the Federated States of Micronesia, Palau, and Guam.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 401 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8011. None of the funds appropriated in this or any
    other Act may be used to initiate a new installation overseas
    without 30-day advance notification to the Committees on
    Appropriations.
              * * * * * * *
        Sec. 8022. Funds appropriated by this Act for the American
    Forces Information Service shall not be used for any national
    or international political or psychological activities.
              * * * * * * *
        Sec. 8024. During the current fiscal year, the Department
    of Defense is authorized to incur obligations of not to exceed
    $350,000,000 for purposes specified in section 2350j(c) of
    title 10, United States Code, in anticipation of receipt of
    contributions, only from the Government of Kuwait, under that
    section: Provided, That upon receipt, such contributions from
    the Government of Kuwait shall be credited to the
    appropriations or fund which incurred such obligations.
              * * * * * * *
        Sec. 8047. None of the funds appropriated or otherwise made
    available in this Act may be obligated or expended for
    assistance to the Democratic People's Republic of North Korea
    unless specifically appropriated for that purpose.
              * * * * * * *
        Sec. 8059. (a) Limitation on Transfer of Defense Articles
    and Services.--Notwithstanding any other provision of law, none
    of the funds available to the Department of Defense for the
    current fiscal year may be obligated or expended to transfer to
    another nation or an international organization any defense
    articles or services (other than intelligence services) for use
    in the activities described in subsection (b) unless the
    congressional defense committees, the Committee on
    International Relations of the House of Representatives, and
    the Committee on Foreign Relations of the Senate are notified
    15 days in advance of such transfer.
        (b) Covered Activities.--This section applies to--
              (1) any international peacekeeping or peace-
            enforcement operation under the authority of chapter VI
            or chapter VII of the United Nations Charter under the
            authority of a United Nations Security Council
            resolution; and
              (2) any other international peacekeeping, peace-
            enforcement, or humanitarian assistance operation.
        (c) Required Notice.--A notice under subsection (a) shall
    include the following:
              (1) A description of the equipment, supplies, or
            services to be transferred.
              (2) A statement of the value of the equipment,
            supplies, or services to be transferred.
              (3) In the case of a proposed transfer of equipment
            or supplies--
                      (A) a statement of whether the inventory
                    requirements of all elements of the Armed
                    Forces (including the reserve components) for
                    the type of equipment or supplies to be
                    transferred have been met; and
                      (B) a statement of whether the items proposed
                    to be transferred will have to be replaced and,
                    if so, how the President proposes to provide
                    funds for such replacement.
              * * * * * * *
        Sec. 8067. None of the funds made available in this Act may
    be used to approve or license the sale of the F/A-22 advanced
    tactical fighter to any foreign government.
        Sec. 8068. (a) The Secretary of Defense may, on a case-by-
    case basis, waive with respect to a foreign country each
    limitation on the procurement of defense items from foreign
    sources provided in law if the Secretary determines that the
    application of the limitation with respect to that country
    would invalidate cooperative programs entered into between the
    Department of Defense and the foreign country, or would
    invalidate reciprocal trade agreements for the procurement of
    defense items entered into under section 2531 of title 10,
    United States Code, and the country does not discriminate
    against the same or similar defense items produced in the
    United States for that country.
        (b) Subsection (a) applies with respect to--
              (1) contracts and subcontracts entered into on or
            after the date of the enactment of this Act; and
              (2) options for the procurement of items that are
            exercised after such date under contracts that are
            entered into before such date if the option prices are
            adjusted for any reason other than the application of a
            waiver granted under subsection (a).
        (c) Subsection (a) does not apply to a limitation regarding
    construction of public vessels, ball and roller bearings, food,
    and clothing or textile materials as defined by section 11
    (chapters 50-65) of the Harmonized Tariff Schedule and products
    classified under headings 4010, 4202, 4203, 6401 through 6406,
    6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
    7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
    9404.
        Sec. 8069. (a) Prohibition.--None of the funds made
    available by this Act may be used to support any training
    program involving a unit of the security forces of a foreign
    country if the Secretary of Defense has received credible
    information from the Department of State that the unit has
    committed a gross violation of human rights, unless all
    necessary corrective steps have been taken.
        (b) Monitoring.--The Secretary of Defense, in consultation
    with the Secretary of State, shall ensure that prior to a
    decision to conduct any training program referred to in
    subsection (a), full consideration is given to all credible
    information available to the Department of State relating to
    human rights violations by foreign security forces.
        (c) Waiver.--The Secretary of Defense, after consultation
    with the Secretary of State, may waive the prohibition in
    subsection (a) if he determines that such waiver is required by
    extraordinary circumstances.
        (d) Report.--Not more than 15 days after the exercise of
    any waiver under subsection (c), the Secretary of Defense shall
    submit a report to the congressional defense committees
    describing the extraordinary circumstances, the purpose and
    duration of the training program, the United States forces and
    the foreign security forces involved in the training program,
    and the information relating to human rights violations that
    necessitates the waiver.
              * * * * * * *
        Sec. 8102. of the amounts provided in title II of this Act
    under the heading ``Operation and Maintenance, Defense-Wide'',
    $20,000,000 is available for the Regional Defense Counter-
    terrorism Fellowship program, to fund the education and
    training of foreign military officers, ministry of defense
    civilians, and other foreign security officials, to include
    United States military officers and civilian officials whose
    participation directly contributes to the education and
    training of these foreign students.
              * * * * * * *
        Sec. 8104. None of the funds provided in this Act shall be
    available for integration of foreign intelligence information
    unless the information has been lawfully collected and
    processed during the conduct of authorized foreign intelligence
    activities: Provided, That information pertaining to United
    States persons shall only be handled in accordance with
    protections provided in the Fourth Amendment of the United
    States Constitution as implemented through Executive Order No.
    12333.
              * * * * * * *
        Sec. 8117. (a) Findings.--The Senate makes the following
    findings:
              (1) The Department of Defense Appropriations Act,
            2004 (Public Law 108-87), the Department of Defense
            Appropriations Act, 2005 (Public Law 108-287), and the
            Emergency Supplemental Appropriations Act for Defense,
            the Global War on Terror, and Tsunami Relief, 2005
            (Public Law 109-13) each contain a sense of the Senate
            provision urging the President to provide in the annual
            budget requests of the President for a fiscal year
            under section 1105(a) of title 31, United States Code,
            an estimate of the cost of ongoing military operations
            in Iraq and Afghanistan in such fiscal year.
              (2) The budget for fiscal year 2006 submitted to
            Congress by the President on February 7, 2005, requests
            no funds for fiscal year 2006 for ongoing military
            operations in Iraq or Afghanistan.
              (3) According to the Congressional Research Service,
            there exists historical precedent for including the
            cost of ongoing military operations in the annual
            budget requests of the President following initial
            funding for such operations by emergency or
            supplemental appropriations Acts, including--
                      (A) funds for Operation Noble Eagle,
                    beginning in the budget request of President
                    George W. Bush for fiscal year 2005;
                      (B) funds for operations in Kosovo, beginning
                    in the budget request of President George W.
                    Bush for fiscal year 2001;
                      (C) funds for operations in Bosnia, beginning
                    in the budget request of President Clinton for
                    fiscal year 1997;
                      (D) funds for operations in Southwest Asia,
                    beginning in the budget request of President
                    Clinton for fiscal year 1997;
                      (E) funds for operations in Vietnam,
                    beginning in the budget request of President
                    Johnson for fiscal year 1966; and
                      (F) funds for World War II, beginning in the
                    budget request of President Roosevelt for
                    fiscal year 1943.
              (4) In section 1024(b) of the Emergency Supplemental
            Appropriations Act for Defense, the Global War on
            Terror, and Tsunami Relief, 2005 (119 Stat. 252), the
            Senate requested that the President submit to Congress,
            not later than September 1, 2005, an amendment to the
            budget of the President for fiscal year 2006 setting
            forth detailed cost estimates for ongoing military
            operations overseas during such fiscal year.
              (5) The President has yet to submit such an
            amendment.
              (6) In February 2005, the Congressional Budget Office
            estimated that fiscal year 2006 cost of ongoing
            military operations in Iraq and Afghanistan could total
            $85,000,000,000.
        (b) Sense of the Senate.--It is the sense of the Senate
    that--
              (1) any request for funds for a fiscal year after
            fiscal year 2006 for an ongoing military operation
            overseas, including operations in Afghanistan and Iraq,
            should be included in the annual budget of the
            President for such fiscal year as submitted to Congress
            under section 1105(a) of title 31, United States Code;
              (2) the President should submit a budget request for
            fiscal year 2006 setting forth estimates for ongoing
            military operations overseas during such fiscal year;
            and
              (3) any funds provided for a fiscal year for ongoing
            military operations overseas should be provided in
            appropriations Acts for such fiscal year through
            appropriations to specific accounts set forth in such
            appropriations Acts.
              * * * * * * *

                                    TITLE IX

                           ADDITIONAL APPROPRIATIONS

              * * * * * * *

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance,
    Defense-Wide'', $805,000,000, of which up to $195,000,000, to
    remain available until expended, may be used for payments to
    reimburse Pakistan, Jordan, and other key cooperating nations,
    for logistical, military, and other support provided, or to be
    provided, to United States military operations, notwithstanding
    any other provision of law: Provided, That such payments may be
    made in such amounts as the Secretary of Defense, with the
    concurrence of the Secretary of State, and in consultation with
    the Director of the Office of Management and Budget, may
    determine, in his discretion, based on documentation determined
    by the Secretary of Defense to adequately account for the
    support provided, and such determination is final and
    conclusive upon the accounting officers of the United States,
    and 15 days following notification to the appropriate
    congressional committees: Provided further, That the Secretary
    of Defense shall provide quarterly reports to the congressional
    defense committees on the use of funds provided in this
    paragraph.
              * * * * * * *

                               Iraq Freedom Fund

                         (including transfer of funds)

        For an additional amount for ``Iraq Freedom Fund'',
    $4,658,686,000, to remain available for transfer until
    September 30, 2007, 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; and
    working capital funds: Provided further, That of the amounts
    provided under this heading, $3,048,686,000 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 not less than $1,360,000,000
    shall be available for the Joint IED Defeat Task Force:
    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.
              * * * * * * *

                               GENERAL PROVISIONS

              * * * * * * *
        Sec. 9001. Appropriations provided in this title are
    available for obligation until September 30, 2006, unless
    otherwise so provided in this title.
        Sec. 9002. Notwithstanding any other provision of law or of
    this Act, funds made available in this title are in addition to
    amounts provided elsewhere in this Act.

                              (transfer of funds)

        Sec. 9003. Upon his determination that such action is
    necessary in the national interest, the Secretary of Defense
    may transfer between appropriations up to $2,500,000,000 of the
    funds made available to the Department of Defense in this
    title: Provided, That the Secretary shall notify the Congress
    promptly of each transfer made pursuant to the authority in
    this section: Provided further, That the authority provided in
    this section is in addition to any other transfer authority
    available to the Department of Defense and is subject to the
    same terms and conditions as the authority provided in section
    8005 of this Act.
              * * * * * * *
        Sec. 9006. Notwithstanding any other provision of law, of
    the funds made available in this title to the Department of
    Defense for operation and maintenance, not to exceed
    $500,000,000 may be used by the Secretary of Defense, with the
    concurrence of the Secretary of State, to train, equip and
    provide related assistance only to military or security forces
    of Iraq and Afghanistan to enhance their capability to combat
    terrorism and to support United States military operations in
    Iraq and Afghanistan: Provided, That such assistance may
    include the provision of equipment, supplies, services,
    training, and funding: Provided further, That the authority to
    provide assistance under this section is in addition to any
    other authority to provide assistance to foreign nations:
    Provided further, That the Secretary of Defense shall notify
    the congressional defense committees, the Committee on
    International Relations of the House of Representatives, and
    the Committee on Foreign Relations of the Senate not less than
    15 days before providing assistance under the authority of this
    section.
        Sec. 9007. (a) From funds made available in this title to
    the Department of Defense, not to exceed $500,000,000 may be
    used, notwithstanding any other provision of law, to fund the
    Commander's Emergency Response Program, for the purpose of
    enabling military commanders in Iraq to respond to urgent
    humanitarian relief and reconstruction requirements within
    their areas of responsibility by carrying out programs that
    will immediately assist the Iraqi people, and to fund a similar
    program to assist the people of Afghanistan.
        (b) Quarterly Reports.--Not later than 15 days after the
    end of each fiscal year quarter (beginning with the first
    quarter of fiscal year 2006), the Secretary of Defense shall
    submit to the congressional defense committees a report
    regarding the source of funds and the allocation and use of
    funds during that quarter that were made available pursuant to
    the authority provided in this section or under any other
    provision of law for the purposes of the programs under
    subsection (a).
        Sec. 9008. Amounts provided in this title for operations in
    Iraq and Afghanistan may be used by the Department of Defense
    for the purchase of up to 20 heavy and light armored vehicles
    for force protection purposes, notwithstanding price or other
    limitations specified elsewhere in this Act, or any other
    provision of law: Provided, That the Secretary of Defense shall
    submit a report in writing no later than 30 days after the end
    of each fiscal quarter notifying the congressional defense
    committees of any purchase described in this section, including
    the cost, purposes, and quantities of vehicles purchased.
        Sec. 9009. During the current fiscal year, funds available
    to the Department of Defense for operation and maintenance may
    be used, notwithstanding any other provision of law, to provide
    supplies, services, transportation, including airlift and
    sealift, and other logistical support to coalition forces
    supporting military and stability operations in Iraq and
    Afghanistan: Provided, That the Secretary of Defense shall
    provide quarterly reports to the congressional defense
    committees regarding support provided under this section.
        Sec. 9010. (a) Not later than 60 days after the date of the
    enactment of this Act and every 90 days thereafter through the
    end of fiscal year 2006, the Secretary of Defense shall set
    forth in a report to Congress a comprehensive set of
    performance indicators and measures for progress toward
    military and political stability in Iraq.
        (b) The report shall include performance standards and
    goals for security, economic, and security force training
    objectives in Iraq together with a notional timetable for
    achieving these goals.
        (c) In specific, the report requires, at a minimum, the
    following:
              (1) With respect to stability and security in Iraq,
            the following:
                      (A) Key measures of political stability,
                    including the important political milestones
                    that must be achieved over the next several
                    years.
                      (B) The primary indicators of a stable
                    security environment in Iraq, such as number of
                    engagements per day, numbers of trained Iraqi
                    forces, and trends relating to numbers and
                    types of ethnic and religious-based hostile
                    encounters.
                      (C) An assessment of the estimated strength
                    of the insurgency in Iraq and the extent to
                    which it is composed of non-Iraqi fighters.
                      (D) A description of all militias operating
                    in Iraq, including the number, size, equipment
                    strength, military effectiveness, sources of
                    support, legal status, and efforts to disarm or
                    reintegrate each militia.
                      (E) Key indicators of economic activity that
                    should be considered the most important for
                    determining the prospects of stability in Iraq,
                    including--
                              (i) unemployment levels;
                              (ii) electricity, water, and oil
                            production rates; and
                              (iii) hunger and poverty levels.
                      (F) The criteria the Administration will use
                    to determine when it is safe to begin
                    withdrawing United States forces from Iraq.
              (2) With respect to the training and performance of
            security forces in Iraq, the following:
                      (A) The training provided Iraqi military and
                    other Ministry of Defense forces and the
                    equipment used by such forces.
                      (B) Key criteria for assessing the
                    capabilities and readiness of the Iraqi
                    military and other Ministry of Defense forces,
                    goals for achieving certain capability and
                    readiness levels (as well as for recruiting,
                    training, and equipping these forces), and the
                    milestones and notional timetable for achieving
                    these goals.
                      (C) The operational readiness status of the
                    Iraqi military forces, including the type,
                    number, size, and organizational structure of
                    Iraqi battalions that are--
                              (i) capable of conducting
                            counterinsurgency operations
                            independently;
                              (ii) capable of conducting
                            counterinsurgency operations with the
                            support of United States or coalition
                            forces; or
                              (iii) not ready to conduct
                            counterinsurgency operations.
                      (D) The rates of absenteeism in the Iraqi
                    military forces and the extent to which
                    insurgents have infiltrated such forces.
                      (E) The training provided Iraqi police and
                    other Ministry of Interior forces and the
                    equipment used by such forces.
                      (F) Key criteria for assessing the
                    capabilities and readiness of the Iraqi police
                    and other Ministry of Interior forces, goals
                    for achieving certain capability and readiness
                    levels (as well as for recruiting, training,
                    and equipping), and the milestones and notional
                    timetable for achieving these goals,
                    including--
                              (i) the number of police recruits
                            that have received classroom training
                            and the duration of such instruction;
                              (ii) the number of veteran police
                            officers who have received classroom
                            instruction and the duration of such
                            instruction;
                              (iii) the number of police candidates
                            screened by the Iraqi Police Screening
                            Service, the number of candidates
                            derived from other entry procedures,
                            and the success rates of those groups
                            of candidates;
                              (iv) the number of Iraqi police
                            forces who have received field training
                            by international police trainers and
                            the duration of such instruction; and
                              (v) attrition rates and measures of
                            absenteeism and infiltration by
                            insurgents.
                      (G) The estimated total number of Iraqi
                    battalions needed for the Iraqi security forces
                    to perform duties now being undertaken by
                    coalition forces, including defending the
                    borders of Iraq and providing adequate levels
                    of law and order throughout Iraq.
                      (H) The effectiveness of the Iraqi military
                    and police officer cadres and the chain of
                    command.
                      (I) The number of United States and coalition
                    advisors needed to support the Iraqi security
                    forces and associated ministries.
                      (J) An assessment, in a classified annex if
                    necessary, of United States military
                    requirements, including planned force
                    rotations, through the end of calendar year
                    2006.
        Sec. 9011. Supervision and administration costs associated
    with a construction project funded with appropriations
    available for operation and maintenance, and executed in direct
    support of the Global War on Terrorism only in Iraq and
    Afghanistan, may be obligated at the time a construction
    contract is awarded: Provided, That for the purpose of this
    section, supervision and administration costs include all in-
    house Government costs.
        Sec. 9012. Amounts appropriated or otherwise made available
    in this title are designated as making 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.

                   TITLE X--MATTERS RELATING TO DETAINEES \3\
    ---------------------------------------------------------------------------

        \3\ This title, the Detainee Treatment Act of 2005, may be found at
    199 Stat. 2739 through 2744, and at 42 U.S.C. 2000dd, and at 10 U.S.C.
    801 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        This division may be cited as the ``Department of Defense
    Appropriations 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

     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 I--DEFENSE-RELATED APPROPRIATIONS

              * * * * * * *

                           OPERATION AND MAINTENANCE

              * * * * * * *

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance,
    Defense-Wide'', $3,042,265,000, of which--
              (1) not to exceed $25,000,000 may be used for the
            Combatant Commander Initiative fund, to be used in
            support of Operation Iraqi Freedom and Operation
            Enduring Freedom; and
              (2) up to $1,220,000,000, to remain available until
            expended, may be used for payments to reimburse
            Pakistan, Jordan, and other key cooperating nations,
            for logistical, military, and other support provided,
            or to be provided, to United States military
            operations, notwithstanding any other provision of law:
            Provided, That such payments may be made in such
            amounts as the Secretary of Defense, with the
            concurrence of the Secretary of State, and in
            consultation with the Director of the Office of
            Management and Budget, may determine, in his
            discretion, based on documentation determined by the
            Secretary of Defense to adequately account for the
            support provided, and such determination is final and
            conclusive upon the accounting officers of the United
            States, and 15 days following notification to the
            appropriate congressional committees: Provided further,
            That the Secretary of Defense shall provide quarterly
            reports to the congressional defense committees on the
            use of funds provided in this paragraph: 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).
              * * * * * * *

                        Afghanistan Security Forces Fund

                         (including transfer of funds)

        For the ``Afghanistan Security Forces Fund'',
    $1,285,000,000, to remain available until September 30, 2006:
    Provided, That such funds shall be available to the Secretary
    of Defense, notwithstanding any other provision of law, for the
    purpose of allowing the Commander, Combined Forces Command--
    Afghanistan, or the Secretary's designee to provide assistance,
    with the concurrence of the Secretary of State, to the security
    forces of Afghanistan including the provision of equipment,
    supplies, services, training, facility and infrastructure
    repair, renovation, and construction, and funding: Provided
    further, That the authority to provide assistance under this
    section is in addition to any other authority to provide
    assistance to foreign nations: Provided further, 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; and
    defense working capital funds to accomplish the purposes
    provided herein: 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 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 of the amounts provided
    under this heading, $290,000,000 shall be transferred to
    ``Operation and Maintenance, Army'' to reimburse the Department
    of the Army for costs incurred to train, equip and provide
    related assistance to Afghan security forces: Provided further,
    That contributions of funds for the purposes provided herein
    from any person, foreign government, or international
    organization may be credited to this Fund, and used for such
    purposes: Provided further, That the Secretary shall notify the
    congressional defense committees in writing upon the receipt
    and upon the transfer of any contribution delineating the
    sources and amounts of the funds received and the specific use
    of such contributions: 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 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).

                           Iraq Security Forces Fund

                         (including transfer of funds)

        For the ``Iraq Security Forces Fund'', $5,700,000,000, to
    remain available until September 30, 2006: Provided, That such
    funds shall be available to the Secretary of Defense,
    notwithstanding any other provision of law, for the purpose of
    allowing the Commander, Multi-National Security Transition
    Command--Iraq, or the Secretary's designee to provide
    assistance, with the concurrence of the Secretary of State, to
    the security forces of Iraq including the provision of
    equipment, supplies, services, training, facility and
    infrastructure repair, renovation, and construction, and
    funding: Provided further, That the authority to provide
    assistance under this section is in addition to any other
    authority to provide assistance to foreign nations: Provided
    further, 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; and defense working capital funds to accomplish the
    purposes provided herein: 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 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 of the amounts
    provided under this heading, $210,000,000 shall be transferred
    to ``Operation and Maintenance, Army'' to reimburse the
    Department of the Army for costs incurred to train, equip, and
    provide related assistance to Iraqi security forces: Provided
    further, That contributions of funds for the purposes provided
    herein from any person, foreign government, or international
    organization may be credited to this Fund, and used for such
    purposes: Provided further, That the Secretary shall notify the
    congressional defense committees in writing upon the receipt
    and upon the transfer of any contribution delineating the
    sources and amounts of the funds received and the specific use
    of such contributions: Provided further, That, notwithstanding
    any other provision of law, from funds made available under
    this heading, $99,000,000 shall be used to provide assistance
    to the Government of Jordan to establish a regional training
    center designed to provide comprehensive training programs for
    regional military and security forces and military and civilian
    officials, to enhance the capability of such forces and
    officials to respond to existing and emerging security threats
    in the region: Provided further, That assistance authorized by
    the preceding proviso may include the provision of facilities,
    equipment, supplies, services and training, and the Secretary
    of Defense may transfer funds to any Federal agency for the
    purpose of providing such assistance: 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 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 TITLE

                           special transfer authority

                              (transfer of funds)

        Sec. 1001. Upon his determination that such action is
    necessary in the national interest, the Secretary of Defense
    may transfer between appropriations up to $3,000,000,000 of the
    funds made available to the Department of Defense in this
    title, except for military construction: Provided, That the
    Secretary shall notify the Congress promptly of each transfer
    made pursuant to this authority: Provided further, That the
    transfer authority provided in this section is in addition to
    any other transfer authority available to the Department of
    Defense: Provided further, That the authority in this section
    is subject to the same terms and conditions as the authority
    provided in section 8005 of the Department of Defense
    Appropriations Act, 2005, except for the fourth proviso: \1\
    Provided further, That the amount made available by the
    transfer of funds in or pursuant to this section is designated
    as an emergency requirement pursuant to section 402 of the
    conference report to accompany S. Con. Res. 95 (108th
    Congress).
    ---------------------------------------------------------------------------
        \1\ Sec. 8005 of the Department of Defense Appropriations Act, 2005
    (Public Law 108-287; 118 Stat. 969), as amended, provided the
    following:
    ---------------------------------------------------------------------------

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

        ``Sec. 8005. Upon determination by the Secretary of Defense that
    such action is necessary in the national interest, he may, with the
    approval of the Office of Management and Budget, transfer not to exceed
    $6,185,000,000 of working capital funds of the Department of Defense or
    funds made available in this Act to the Department of Defense for
    military functions (except military construction) between such
    appropriations or funds or any subdivision thereof, to be merged with
    and to be available for the same purposes, and for the same time
    period, as the appropriation of fund to which transferred: Provided,
    That such authority to transfer may not be used unless for higher
    priority items, based on unforeseen military requirements, than those
    for which originally appropriated and in no case where the item for
    which funds are requested has been denied by the Congress: Provided
    further, That the Secretary of Defense shall notify the Congress
    promptly of all transfers made pursuant to this authority or any other
    authority in this Act: Provided further, That no part of the funds in
    this Act shall be available to prepare or present a request to the
    Committees on Appropriations for reprogramming of funds, unless for
    higher priority items, based on unforeseen military requirements, than
    those for which originally appropriated and in no case where the item
    for which reprogramming is requested has been denied by the Congress:
    Provided further, That a request for multiple reprogrammings of funds
    using authority provided in this section must be made prior to June 30,
    2005: Provided further, That transfers among military personnel
    appropriations shall not be taken into account for purposes of the
    limitation on the amount of funds that may be transferred under this
    section.''.
    ---------------------------------------------------------------------------
              * * * * * * *

                            counter-drug activities

        Sec. 1003. (a) Authority To Provide Support.--Of the amount
    appropriated by this Act under the heading ``Drug Interdiction
    and Counter-Drug Activities, Defense'', not to exceed
    $34,000,000 may be made available for support for counter-drug
    activities of the Government of Afghanistan, and not to exceed
    $4,000,000 may be made available for support for counter-drug
    activities of the Government of Pakistan: Provided, That such
    support shall be in addition to support provided for the
    counter-drug activities of said Governments under any other
    provision of the law.
        (b) Types of Support.--(1) Except as specified in
    subsections (b)(2) and (b)(3) of this section, the support that
    may be provided under the authority in this section shall be
    limited to the types of support specified in section 1033(c)(1)
    of the National Defense Authorization Act for Fiscal Year 1998
    (Public Law 105-85, as amended by Public Law 106-398 and Public
    Law 108-136) and conditions on the provision of support as
    contained in section 1033 shall apply for fiscal year 2005.
        (2) The Secretary of Defense may transfer vehicles,
    aircraft, and detection, interception, monitoring and testing
    equipment to said Governments for counter-drug activities.
        (3) For the Government of Afghanistan, the Secretary of
    Defense may also provide individual and crew-served weapons,
    and ammunition for counter-drug security forces.
              * * * * * * *

    requests for future funding for military operations in afghanistan and
                                      iraq

        Sec. 1024. (a) Findings.--The Senate makes the following
    findings:
              (1) The Department of Defense Appropriations Act,
            2004 (Public Law 108-87) and the Department of Defense
            Appropriations Act, 2005 (Public Law 108-287) each
            contain a sense of the Senate provision urging the
            President to provide in the annual budget requests of
            the President for a fiscal year under section 1105(a)
            of title 31, United States Code, an estimate of the
            cost of ongoing military operations in Iraq and
            Afghanistan in such fiscal year.
              (2) The budget for fiscal year 2006 submitted to
            Congress by the President on February 7, 2005, requests
            no funds for fiscal year 2006 for ongoing military
            operations in Iraq or Afghanistan.
              (3) According to the Congressional Research Service,
            there exists historical precedent for including the
            cost of ongoing military operations in the annual
            budget requests of the President following initial
            funding for such operations by emergency or
            supplemental appropriations Acts, including--
                      (A) funds for Operation Noble Eagle,
                    beginning in the budget request of President
                    George W. Bush for fiscal year 2005;
                      (B) funds for operations in Kosovo, beginning
                    in the budget request of President George W.
                    Bush for fiscal year 2001;
                      (C) funds for operations in Bosnia, beginning
                    in budget request of President Clinton for
                    fiscal year 1997;
                      (D) funds for operations in Southwest Asia,
                    beginning in the budget request of President
                    Clinton for fiscal year 1997;
                      (E) funds for operations in Vietnam,
                    beginning in the budget request of President
                    Johnson for fiscal year 1966; and
                      (F) funds for World War II, beginning in the
                    budget request of President Roosevelt for
                    fiscal year 1943.
              (4) The Senate has included in its version of the
            fiscal year 2006 budget resolution, which was adopted
            by the Senate on March 17, 2005, a reserve fund of
            $50,000,000,000 for overseas contingency operations,
            but the determination of that amount could not take
            into account any Administration estimate on the
            projected cost of such operations in fiscal year 2006.
              (5) In February 2005, the Congressional Budget Office
            estimated that fiscal year 2006 costs for ongoing
            military operations in Iraq and Afghanistan could total
            $65,000,000,000.
        (b) Sense of Senate.--It is the sense of the Senate that--
              (1) any request for funds for a fiscal year after
            fiscal year 2006 for an ongoing military operation
            overseas, including operations in Afghanistan and Iraq,
            should be included in the annual budget of the
            President for such fiscal year as submitted to Congress
            under section 1105(a) of title 31, United States Code;
              (2) the President should submit to Congress, not
            later than September 1, 2005, an amendment to the
            budget of the President for fiscal year 2006 that was
            submitted to Congress under section 1105(a) of title
            31, United States Code, setting forth detailed cost
            estimates for ongoing military operations overseas
            during such fiscal year; and
              (3) any funds provided for a fiscal year for ongoing
            military operations overseas should be provided in
            appropriations Acts for such fiscal year through
            appropriations to specific accounts set forth in such
            appropriations Acts.
        (c) \2\ Additional Requirements for Certain Reports.--(1)
    Each semiannual report to Congress required under a provision
    of law referred to in paragraph (2) shall include, in addition
    to the matters specified in the applicable provision of law,
    the following:
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (A) A statement of the cumulative total of all
            amounts obligated, and of all amounts expended, as of
            the date of such report for Operation Enduring Freedom.
              (B) A statement of the cumulative total of all
            amounts obligated, and of all amounts expended, as of
            the date of such report for Operation Iraqi Freedom.
              (C) An estimate of the reasonably foreseeable costs
            for ongoing military operations to be incurred during
            the 12-month period beginning on the date of such
            report.
        (2) The provisions of law referred to in this paragraph are
    as follows:
              (A) Section 1120 of the Emergency Supplemental
            Appropriations Act for Defense and for the
            Reconstruction of Iraq and Afghanistan, 2004 (Public
            Law 108-106; 117 Stat. 1219; 10 U.S.C. 113 note).
              (B) Section 9010 of the Department of Defense
            Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
            1008; 10 U.S.C. 113 note).
              * * * * * * *

       prohibition on torture and cruel, inhuman, or degrading treatment

        Sec. 1031. (a)(1) None of the funds appropriated or
    otherwise made available by this Act shall be obligated or
    expended to subject any person in the custody or under the
    physical control of the United States to torture or cruel,
    inhuman, or degrading treatment or punishment that is
    prohibited by the Constitution, laws, or treaties of the United
    States.
        (2) Nothing in this section shall affect the status of any
    person under the Geneva Conventions or whether any person is
    entitled to the protections of the Geneva Conventions.
        (b) As used in this section--
              (1) the term ``torture'' has the meaning given that
            term in section 2340(1) of title 18, United States
            Code; and
              (2) the term ``cruel, inhuman, or degrading treatment
            or punishment'' means the cruel, unusual, and inhumane
            treatment or punishment prohibited by the fifth
            amendment, eighth amendment, or fourteenth amendment to
            the Constitution of the United States.
              * * * * * * *

            amounts from prior year iraq freedom fund appropriation

                             (rescission of funds)

        Sec. 1033. Of the funds appropriated in title IX of Public
    Law 108-287 for ``Iraq Freedom Fund'' (118 Stat. 1005) that
    remain available for obligation, $50,000,000 is hereby
    rescinded.
              * * * * * * *

    TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
                             THE WAR ON TERROR \3\
    ---------------------------------------------------------------------------

        \3\ Foreign assistance-related text of title II--international
    programs and assistance for reconstruction and the war on terror, and
    title IV--Indian Ocean tsunami relief (including appropriations for
    avian flu virus prevention programs) may be found in Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

                   TITLE IV--INDIAN OCEAN TSUNAMI RELIEF \3\

              * * * * * * *
    e. Ronald W. Reagan National Defense Authorization Act for Fiscal Year
                                      2005

        Partial text of Public Law 108-375 [H.R. 4200], 118 Stat. 1811,
    approved October 28, 2004; amended by Public Law 108-447 [Consolidated
    Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December
     8, 2004; Public Law 109-13 [Emergency Supplemental Appropriations Act
    for Defense, the Global War on Terror, and Tsunami Relief; H.R. 1268],
        119 Stat. 231, approved May 11, 2005; and by Public Law 109-163
     [National Defense Authorization Act for Fiscal Year 2006; H.R. 1815],
                  119 Stat. 3136, approved January 6, 2006 \1\

     AN ACT To authorize appropriations for fiscal year 2005 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005''.
    ---------------------------------------------------------------------------
        \1\ See also sec. 1002 of Public Law 109-163 (119 Stat. 3418),
    which adjusts authorization of emergency supplemental appropriations
    for fiscal years 2005 and 2006 consistent with emergency supplemental
    appropriations provided in: Public Law 109-13 relating to expenses
    accrued in the global war on terror and South Asia tsunami relief;
    Public Law 109-61 relating to expenses arising from Hurricane Katrina;
    Public Law 109-62 relating to expenses arising from Hurricane Katrina;
    and pending legislation relating to expenses arising from hurricane
    relief efforts, avian flu preparedness, and the earthquake in Pakistan
    of October 8, 2005.
    ---------------------------------------------------------------------------

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

        For purposes of this Act, the term ``congressional defense
    committees'' has the meaning given that term in section
    101(a)(16) of title 10, United States Code.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (18) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $59,000,000.
              (19) For Cooperative Threat Reduction programs,
            $409,200,000.
              (20) For the Overseas Contingency Operations Transfer
            Fund, $10,000,000.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401.\2\ END STRENGTHS FOR ACTIVE FORCES.

        (a) In General.--The Armed Forces are authorized strengths
    for active duty personnel as of September 30, 2005, as follows:
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 502,400.
              (2) The Navy, 365,900.
              (3) The Marine Corps, 178,000.
              (4) The Air Force, 359,700.
        (b) Limitation.--(1) The authorized strength for the Army
    provided in paragraph (1) of subsection (a) for active duty
    personnel for fiscal year 2005 is subject to the condition that
    costs of active duty personnel of the Army for that fiscal year
    in excess of 482,400 shall be paid out of funds authorized to
    be appropriated for that fiscal year for a contingent emergency
    reserve fund or as an emergency supplemental appropriation.
        (2) The authorized strength for the Marine Corps provided
    in paragraph (3) of subsection (a) for active duty personnel
    for fiscal year 2005 is subject to the condition that costs of
    active duty personnel of the Marine Corps for that fiscal year
    in excess of 175,000 shall be paid out of funds authorized to
    be appropriated for that fiscal year for a contingent emergency
    reserve fund or as an emergency supplemental appropriation.

    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
                        LEVELS.

        Section 691(b) of title 10, United States Code, is amended
    by striking paragraphs (1) through (4) and inserting the
    following: * * * \3\
    ---------------------------------------------------------------------------
        \3\ For text, see page 625.
    ---------------------------------------------------------------------------

    SEC. 403.\4\ ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE DUTY
                        PERSONNEL END STRENGTHS FOR FISCAL YEARS 2005
                        THROUGH 2009.

        (a) Authority.--During fiscal years 2005 through 2009, the
    Secretary of Defense is authorized to increase by up to 30,000
    the end strength authorized for the Army, and by up to 9,000
    the end strength authorized for the Marine Corps, above the
    levels authorized for those services in the National Defense
    Authorization Act for Fiscal Year 2004, as necessary--
    ---------------------------------------------------------------------------
        \4\ 10 U.S.C. 115 note. Sec. 403 of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3219) provided the following:
        ``Effective October 1, 2006, the text of section 403 of the Ronald
    W. Reagan National Defense Authorization Act for Fiscal Year 2005
    (Public Law 108-375; 118 Stat. 1863) is amended to read as follows:
        `` `(a) Authority.--
    ---------------------------------------------------------------------------

      `` `(1) Army.--For each of fiscal years 2007, 2008, and 2009, the
    Secretary of Defense may, as the Secretary determines necessary for the
    purposes specified in paragraph (3), establish the active-duty end strength
    for the Army at a number greater than the number otherwise authorized by
    law up to the number equal to the fiscal-year 2006 baseline plus 20,000.

      `` `(2) Marine corps.--For each of fiscal years 2007, 2008, and 2009, the
    Secretary of Defense may, as the Secretary determines necessary for the
    purposes specified in paragraph (3), establish the active-duty end strength
    for the Marine Corps at a number greater than the number otherwise
    authorized by law up to the number equal to the fiscal-year 2006 baseline
    plus 5,000.

      `` `(3) Purpose of increases.--The purposes for which increases may be
    made in Army and Marine Corps active duty end strengths under paragraphs
    (1) and (2) are--

      `` `(A) to support operational missions; and

      `` `(B) to achieve transformational reorganization objectives, including
    objectives for increased numbers of combat brigades and battalions,
    increased unit manning, force stabilization and shaping, and rebalancing of
    the active and reserve component forces.

      `` `(4) Fiscal-year 2006 baseline.--In this subsection, the term
    ``fiscal-year 2006 baseline'', with respect to the Army and Marine Corps,
    means the active-duty end strength authorized for those services in section
    401 of the National Defense Authorization Act for Fiscal Year 2006.

      `` `(5) Active-duty end strength.--In this subsection, the term ``active-
    duty end strength'' means the strength for active-duty personnel of one the
    Armed Forces as of the last day of a fiscal year.
    ---------------------------------------------------------------------------

        `` `(b) Relationship to Presidential Waiver Authority.--Nothing in
    this section shall be construed to limit the President's authority
    under section 123a of title 10, United States Code, to waive any
    statutory end strength in a time of war or national emergency.
        `` `(c) Relationship to Other Variance Authority.--The authority
    under subsection (a) is in addition to the authority to vary authorized
    end strengths that is provided in subsections (e) and (f) of section
    115 of title 10, United States Code.
        `` `(d) Budget Treatment.--
    ---------------------------------------------------------------------------

      `` `(1) Fiscal year 2007 budget.--The budget for the Department of
    Defense for fiscal year 2007 as submitted to Congress shall comply, with
    respect to funding, with subsections (c) and (d) of section 691 of title
    10, United States Code.

      `` `(2) Other increases.--If the Secretary of Defense plans to increase
    the Army or Marine Corps active duty end strength for a fiscal year under
    subsection (a), then the budget for the Department of Defense for that
    fiscal year as submitted to Congress shall include the amounts necessary
    for funding that active duty end strength in excess of the fiscal year 2006
    active duty end strength authorized for that service under section 401 of
    the National Defense Authorization Act for Fiscal Year 2006.' ''.

              (1) to support the operational mission of the Army
            and Marine Corps in Iraq and Afghanistan; and
              (2) with respect to end strengths for the Army, to
            achieve transformational reorganization objectives of
            the Army, including objectives for increased numbers of
            combat brigades, unit manning, force stabilization and
            shaping, and rebalancing of the active and reserve
            component forces of the Army.
        (b) Relationship to Presidential Waiver Authority.--Nothing
    in this section shall be construed to limit the President's
    authority under section 123a of title 10, United States Code,
    to waive any statutory end strength in a time of war or
    national emergency.
        (c) Relationship to Other Variance Authority.--The
    authority under subsection (a) is in addition to the authority
    to vary authorized end strengths that is provided in
    subsections (e) and (f) of section 115 of title 10, United
    States Code.
        (d) Budget Treatment.--(1) If the Secretary of Defense
    plans to increase the Army or Marine Corps active duty end
    strength for a fiscal year under subsection (a) of this section
    or pursuant to a suspension of end-strength limitation under
    section 123a of title 10, United States Code, then the budget
    for the Department of Defense for such fiscal year as submitted
    to Congress shall specify the amounts necessary for funding the
    active duty end strength of the Army in excess of 482,400 and
    the Marine Corps in excess of 175,000 (the end strengths
    authorized for active duty personnel of the Army and Marine
    Corps, respectively, for fiscal year 2004 in paragraphs (1) and
    (3) of section 401 of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-36; 117 Stat. 1450)).
        (2) If the amount proposed for the Department of Defense
    for fiscal year 2006 within budget function 050 (National
    Defense) includes amounts necessary for funding an active duty
    end strength of the Army in excess of 482,400, or an active
    duty end strength of the Marine Corps in excess of 175,000, for
    that fiscal year, the specification of amounts necessary for
    funding such end strength (as required under paragraph (1))
    shall include the following additional information:
              (A) A display of the following amounts:
                      (i) The amount that is to be funded out of
                    the amounts proposed for the Department of
                    Defense within budget function 050 (National
                    Defense) other than out of amounts for the Army
                    and Marine Corps.
                      (ii) The amount that is to be funded out of
                    the amounts proposed for the Army and Marine
                    Corps within budget function 050 (National
                    Defense).
                      (iii) The estimated amounts that are to be
                    funded out of emergency reserve funds and
                    supplemental appropriations for fiscal year
                    2006.
              (B) A detailed justification for reliance on each
            funding source described in subparagraph (A).
              (C) A detailed discussion of which programs and plans
            of the Army and Marine Corps funded in the proposed
            budget for fiscal year 2006 must be modified if the
            funding sources relied on, as presented under
            subparagraph (A), must be changed.
              (D) The projected Army and Marine Corps active duty
            end strengths for each of fiscal years 2006 through
            2010, together with a detailed enumeration of the
            component costs of the projected end strengths for each
            such fiscal year.
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

    SEC. 1001. TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--(1) Upon
    determination by the Secretary of Defense that such action is
    necessary in the national interest, the Secretary may transfer
    amounts of authorizations made available to the Department of
    Defense in this division for fiscal year 2005 between any such
    authorizations for that fiscal year (or any subdivisions
    thereof). Amounts of authorizations so transferred shall be
    merged with and be available for the same purposes as the
    authorization to which transferred.
        (2) The total amount of authorizations that the Secretary
    may transfer under the authority of this section may not exceed
    $6,185,000,000.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 1003 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3420) struck out
    ``$3,500,000,000'' and inserted in lieu thereof ``$6,185,000,000''.
    ---------------------------------------------------------------------------
        (b) Limitations.--The authority provided by this section to
    transfer authorizations--
              (1) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred; and
              (2) may not be used to provide authority for an item
            that has been denied authorization by Congress.
        (c) Effect on Authorization Amounts.--A transfer made from
    one account to another under the authority of this section
    shall be deemed to increase the amount authorized for the
    account to which the amount is transferred by an amount equal
    to the amount transferred.
        (d) Notice to Congress.--The Secretary shall promptly
    notify Congress of each transfer made under subsection (a).

    SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2005.

        (a) Fiscal Year 2005 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2005 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 2004, of funds appropriated for fiscal
            years before fiscal year 2005 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $756,000 for the Civil Budget.
              (2) Of the amount provided in section 301(1),
            $222,492,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.
              * * * * * * *

    SEC. 1013. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.

        (a) 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) Chile.--To the Government of Chile, the SPRUANCE
            class destroyer USS O'BANNON (DD-987).
              (2) Portugal.--To the Government of Portugal, the
            OLIVER HAZARD PERRY class guided missile frigates
            GEORGE PHILIP (FFG-12) and SIDES (FFG-14).
        (b) 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) Chile.--To the Government of Chile, the SPRUANCE
            class destroyer FLETCHER (DD-992).
              (2) Taiwan.--To the Taipei Economic and Cultural
            Representative Office of the United States (which is
            the Taiwan instrumentality designated pursuant to
            section 10(a) of the Taiwan Relations Act (22 U.S.C.
            3309(a))), the ANCHORAGE class dock landing ship
            ANCHORAGE (LSD-36).
        (c) Grants Not Counted in Annual Total of Transferred
    Excess Defense Articles.--The value of a vessel transferred to
    another country on a grant basis pursuant to authority provided
    by subsection (a) shall not be counted against the aggregate
    value of excess defense articles transferred to countries in
    any fiscal year under section 516(g) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(g)).
        (d) Costs of Transfers.--Any expense incurred by the United
    States in connection with a transfer authorized under
    subsection (a) or (b) shall be charged to the recipient.
        (e) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the President shall require,
    as a condition of the transfer of a vessel under this section,
    that the country to which the vessel is transferred have such
    repair or refurbishment of the vessel as is needed, before the
    vessel joins the naval forces of that country, performed at a
    shipyard located in the United States, including a United
    States Navy shipyard.
        (f) Expiration of Authority.--The authority to transfer a
    vessel under this section shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.
              * * * * * * *

                        Subtitle C--Counterdrug Matters

    SEC. 1021. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
                        CAMPAIGN IN COLOMBIA.

        (a) Authority.--(1) In fiscal years 2005 and 2006, funds
    available to the Department of Defense to provide assistance to
    the Government of Colombia may be used by the Secretary of
    Defense to support a unified campaign by the Government of
    Colombia against narcotics trafficking and 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).
        (2) The authority to provide assistance for a campaign
    under this subsection includes authority to take actions to
    protect human health and welfare in emergency circumstances,
    including the undertaking of rescue operations.
        (b) Applicability of Certain Laws and Limitations.--The use
    of funds pursuant to the authority in subsection (a) shall be
    subject to the following:
              (1) Sections 556, 567, and 568 of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2002 (Public Law 107-115; 115 Stat.
            2160, 2165, and 2166).\6\
    ---------------------------------------------------------------------------
        \6\ In Public Law 107-115: sec. 556 relates to the limitation on
    assistance to security forces, the ``Leahy amendment,'' currently
    stated in similar text in sec. 551 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2005 (division D of
    Public Law 108-447; 118 Stat. 2809). Sec. 567 relates to determination
    and certification required before providing assistance for Colombia's
    Armed Forces, currently stated in similar text is sec. 556 of Public
    Law 108-447. Sec. 568 relates to denying visas to supporters of
    Colombian illegal armed groups, currently stated in identical text in
    sec. 557 of Public Law 108-447.
    ---------------------------------------------------------------------------
              (2) Section 8076 of the Department of Defense
            Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
            988).\7\
    ---------------------------------------------------------------------------
        \7\ Related to human rights standards required before assistance is
    made available to train security forces.
    ---------------------------------------------------------------------------
        (c) Numerical Limitation on Assignment of United States
    Personnel.--Notwithstanding section 3204(b) of the Emergency
    Supplemental Act, 2000 (Division B of Public Law 106-246; 114
    Stat. 575), as amended by the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2002
    (Public Law 107-115; 115 Stat. 2131),\8\ the number of United
    States personnel assigned to conduct activities in Colombia in
    connection with support of Plan Colombia under subsection (a)
    in fiscal years 2005 and 2006 shall be subject to the following
    limitations:
    ---------------------------------------------------------------------------
        \8\ For text, see page 222.
    ---------------------------------------------------------------------------
              (1) The number of United States military personnel
            assigned for temporary or permanent duty in Colombia in
            connection with support of Plan Colombia may not exceed
            800.
              (2) The number of United States individual citizens
            retained as contractors in Colombia in connection with
            support of Plan Colombia who are funded by Federal
            funds may not exceed 600.
        (d) Limitation on Participation of United States
    Personnel.--No United States Armed Forces personnel, United
    States civilian employees, or United States civilian contractor
    personnel employed by the United States may participate in any
    combat operation in connection with assistance using funds
    pursuant to the authority in subsection (a), except for the
    purpose of acting in self defense or of rescuing any United
    States citizen, including any United States Armed Forces
    personnel, United States civilian employee, or civilian
    contractor employed by the United States.
        (e) Relation to Other Authority.--The authority provided by
    subsection (a) is in addition to any other authority in law to
    provide assistance to the Government of Colombia.
        (f) Report on Relationships Between Terrorist Organizations
    in Colombia and Foreign Governments and Organizations.--(1) Not
    later than 60 days after the date of the enactment of this Act,
    the Secretary of State, in consultation with the Secretary of
    Defense and the Director of Central Intelligence, shall submit
    to the congressional defense committees and the Committee on
    Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives a
    report that describes--
              (A) any relationships between foreign governments or
            organizations and organizations based in Colombia that
            have been designated as foreign terrorist organizations
            under United States law, including the provision of any
            direct or indirect assistance to such organizations;
            and
              (B) United States policies that are designed to
            address such relationships.
        (2) The report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.

    SEC. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS
                        IN AFGHANISTAN.

        (a) Sense of Congress.--It is the sense of Congress that--
              (1) the President should make the substantial
            reduction of illegal drug 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 towards 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 this Act.
              * * * * * * *

                              Subtitle E--Reports

    SEC. 1041.\9\ QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS CONDUCTED AS
                        PART OF THE GLOBAL WAR ON TERRORISM.

        (a) Quarterly Accounting.--Not later than 45 days after the
    end of each quarter of a year, the Secretary of Defense shall
    submit to the congressional defense committees, for each
    operation specified in subsection (b)--
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 229 note.
    ---------------------------------------------------------------------------
              (1) a full accounting of all costs incurred for such
            operation during such quarter and all amounts expended
            during such quarter for such operation; and
              (2) a description of the purposes for which those
            costs were incurred and those amounts were expended.
        (b) Operations Covered.--The operations referred to in
    subsection (a) are the following:
              (1) Operation Iraqi Freedom.
              (2) Operation Enduring Freedom.
              (3) Operation Noble Eagle.
              (4) Any other operation that the President designates
            as being an operation of the Global War on Terrorism.
        (c) Requirement for Comprehensiveness.--For the purpose of
    providing a full and complete accounting of the costs and
    expenditures under subsection (a) for an operation specified in
    subsection (b), the Secretary shall account in the quarterly
    submission under subsection (a) for all costs and expenditures
    that are reasonably attributable to that operation, including
    personnel costs.

    SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION
                        IRAQI FREEDOM.

        (a) Report Required.--(1) Not later than June 1, 2005, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the conduct of military operations
    during the post-major combat operations phase of Operation
    Iraqi Freedom.
        (2) The report shall be prepared in consultation with the
    Chairman of the Joint Chiefs of Staff, the commander of the
    United States Central Command, and such other officials as the
    Secretary considers appropriate.
        (b) Content.--(1) The report shall include a discussion of
    the matters described in paragraph (2), with a particular
    emphasis on accomplishments and shortcomings and on near-term
    and long-term corrective actions to address such shortcomings.
        (2) The matters to be discussed in the report are as
    follows:
              (A) The military and political objectives of the
            international coalition conducting the post-major
            combat operations phase of Operation Iraqi Freedom, and
            the military strategy selected to achieve such
            objectives, together with an assessment of the
            execution of the military strategy.
              (B) The mobilization process for the reserve
            components of the Armed Forces, including the
            timeliness of notification, training and certification,
            and subsequent demobilization.
              (C) The use and performance of major items of United
            States military equipment, weapon systems, and
            munitions (including non-lethal weapons and munitions,
            items classified under special access procedures, and
            items drawn from prepositioned stocks) and any expected
            effects of the experience with the use and performance
            of such items on the doctrinal and tactical employment
            of such items and on plans for continuing the
            acquisition of such items.
              (D) Any additional requirements for military
            equipment, weapon systems, munitions, force structure,
            or other capability identified during the post-major
            combat operations phase of Operation Iraqi Freedom,
            including changes in type or quantity for future
            operations.
              (E) The effectiveness of joint air operations,
            together with an assessment of the effectiveness of--
                      (i) the employment of close air support; and
                      (ii) attack helicopter operations.
              (F) The use of special operations forces, including
            operational and intelligence uses.
              (G) The scope of logistics support, including support
            to and from other nations and from international
            organizations and organizations and individuals from
            the private sector in Iraq.
              (H) The incidents of accidental fratricide, including
            a discussion of the effectiveness of the tracking of
            friendly forces and the use of the combat
            identification systems in mitigating friendly fire
            incidents.
              (I) The adequacy of spectrum and bandwidth to
            transmit information to operational forces and assets,
            including unmanned aerial vehicles, ground vehicles,
            and individual soldiers.
              (J) The effectiveness of strategic, operational, and
            tactical information operations, including
            psychological operations and assets, organization, and
            doctrine related to civil affairs, in achieving
            established objectives, together with a description of
            technological and other restrictions on the use of
            information operations capabilities.
              (K) The readiness of the reserve component forces
            used in the post-major combat operations phase of
            Operation Iraqi Freedom, including an assessment of the
            success of the reserve component forces in
            accomplishing their missions.
              (L) The adequacy of intelligence support during the
            post-major combat operations phase of Operation Iraqi
            Freedom, including the adequacy of such support in
            searches for weapons of mass destruction.
              (M) The rapid insertion and integration, if any, of
            developmental but mission-essential equipment,
            organizations, or procedures during the post-major
            combat operations phase of Operation Iraqi Freedom.
              (N) A description of the coordination, communication,
            and unity of effort between the Armed Forces, the
            Coalition Provisional Authority, other United States
            government agencies and organizations, nongovernmental
            organizations, and political, security, and
            nongovernmental organizations of Iraq, including an
            assessment of the effectiveness of such efforts.
              (O) The adequacy of training for military units once
            deployed to the area of operations of the United States
            Central Command, including training for changes in unit
            mission and continuation training for high-intensity
            conflict missions.
              (P) An estimate of the funding required to return or
            replace equipment used through the period covered by
            the report in Operation Iraqi Freedom, including
            equipment in prepositioned stocks, to mission-ready
            condition.
              (Q) A description of military civil affairs and
            reconstruction efforts, including efforts through the
            Commanders Emergency Response Program, and an
            assessment of the effectiveness of such efforts and
            programs.
              (R) The adequacy of the requirements determination
            and acquisition processes, acquisition, and
            distribution of force protection equipment, including
            personal gear, vehicles, helicopters, and defense
            devices.
              (S) The most critical lessons learned that could lead
            to long-term doctrinal, organizational, and
            technological changes, and the probable effects that an
            implementation of those changes would have on current
            visions, goals, and plans for transformation of the
            Armed Forces or the Department of Defense.
              (T) The planning for and implementation of morale,
            welfare, and recreation programs for deployed forces
            and support to dependents, including rest and
            recuperation programs and personal communication
            benefits such as telephone, mail, and email services,
            including an assessment of the effectiveness of such
            programs.
              (U) An analysis of force rotation plans, including
            individual personnel and unit rotations, differing
            deployment lengths, and in-theater equipment repair and
            leave behinds.
              (V) The organization of United States Central Command
            to conduct post-conflict operations and lessons for
            other combatant commands to conduct other such
            operations in the future.
        (c) Form of Report.--The report shall be submitted in
    unclassified form, but may include a classified annex.
        (d) Post-Major Combat Operations Phase of Operation Iraqi
    Freedom Defined.--In this section, the term ``post-major combat
    operations phase of Operation Iraqi Freedom'' means the period
    of Operation Iraqi Freedom beginning on May 2, 2003, and ending
    on December 31, 2004.
              * * * * * * *

    SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN AMERICA AND
                        THE CARIBBEAN.

        (a) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall, in
    consultation with the Secretary of State, submit to the
    Committees on Armed Services of the Senate and House of
    Representatives a report on the activities of al Qaeda and
    associated groups in Latin America and the Caribbean,
    including--
              (1) an assessment of the extent to which such groups
            have established a presence in the area;
              (2) a description of the activities of such groups in
            the area, including fundraising, money laundering,
            narcotrafficking, and associations with criminal
            groups;
              (3) an assessment of the threat posed by such groups
            to the peace and stability of the nations in the area
            and to United States interests; and
              (4) a description of United States policies intended
            to deal with such a threat.
        (b) Form of Report.--The report shall be submitted in
    unclassified form, but may include a classified annex.
              * * * * * * *

                           Subtitle I--Other Matters

              * * * * * * *

    SEC. 1091.\10\ SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED
                        BY THE UNITED STATES.

        (a) Sense of Congress.--It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \10\ 10 U.S.C. 801 note.
    ---------------------------------------------------------------------------
              (1) the abuses inflicted upon detainees at the Abu
            Ghraib prison in Baghdad, Iraq, are inconsistent with
            the professionalism, dedication, standards, and
            training required of individuals who serve in the
            United States Armed Forces;
              (2) the vast majority of members of the Armed Forces
            have upheld the highest possible standards of
            professionalism and morality in the face of illegal
            tactics and terrorist attacks and attempts on their
            lives;
              (3) the abuse of persons in United States custody in
            Iraq is appropriately condemned and deplored by the
            American people;
              (4) the Armed Forces are moving swiftly and
            decisively to identify, try, and, if found guilty,
            punish persons who perpetrated such abuse;
              (5) the Department of Defense and appropriate
            military authorities must continue to undertake
            corrective action, as appropriate, to address chain-of-
            command deficiencies and the systemic deficiencies
            identified in the incidents in question;
              (6) the Constitution, laws, and treaties of the
            United States and the applicable guidance and
            regulations of the United States Government prohibit
            the torture or cruel, inhuman, or degrading treatment
            of foreign prisoners held in custody by the United
            States;
              (7) the alleged crimes of a handful of individuals
            should not detract from the commendable sacrifices of
            over 300,000 members of the Armed Forces who have
            served, or who are serving, in Operation Iraqi Freedom;
            and
              (8) no detainee shall be subject to torture or cruel,
            inhuman, or degrading treatment or punishment that is
            prohibited by the Constitution, laws, or treaties of
            United States.
        (b) Policy.--It is the policy of the United States to--
              (1) ensure that no detainee shall be subject to
            torture or cruel, inhuman, or degrading treatment or
            punishment that is prohibited by the Constitution,
            laws, or treaties of the United States;
              (2) investigate and prosecute, as appropriate, all
            alleged instances of unlawful treatment of detainees in
            a manner consistent with the international obligations,
            laws, or policies of the United States;
              (3) ensure that all personnel of the United States
            Government understand their obligations in both wartime
            and peacetime to comply with the legal prohibitions
            against torture, cruel, inhuman, or degrading treatment
            of detainees in the custody of the United States;
              (4) ensure that, in a case in which there is doubt as
            to whether a detainee is entitled to prisoner of war
            status under the Geneva Conventions, such detainee
            receives the protections accorded to prisoners of war
            until the detainee's status is determined by a
            competent tribunal; and
              (5) expeditiously process and, if appropriate,
            prosecute detainees in the custody of the United
            States, including those in the custody of the United
            States Armed Forces at Guantanamo Bay, Cuba.
        (c) Detainees.--For purposes of this section, the term
    ``detainee'' means a person in the custody or under the
    physical control of the United States as a result of armed
    conflict.

    SEC. 1092.\11\ ACTIONS TO PREVENT THE ABUSE OF DETAINEES.

        (a) Policies Required.--The Secretary of Defense shall
    ensure that policies are prescribed not later than 150 days
    after the date of the enactment of this Act regarding
    procedures for Department of Defense personnel and contractor
    personnel of the Department of Defense intended to ensure that
    members of the Armed Forces, and all persons acting on behalf
    of the Armed Forces or within facilities of the Armed Forces,
    treat persons detained by the United States Government in a
    humane manner consistent with the international obligations and
    laws of the United States and the policies set forth in section
    1091(b).
    ---------------------------------------------------------------------------
        \11\ 10 U.S.C. 801 note.
    ---------------------------------------------------------------------------
        (b) Matters to Be Included.--In order to achieve the
    objective stated in subsection (a), the policies under that
    subsection shall specify, at a minimum, procedures for the
    following:
              (1) Ensuring that each commander of a Department of
            Defense detention facility or interrogation facility--
                      (A) provides all assigned personnel with
                    training, and documented acknowledgment of
                    receiving training, regarding the law of war,
                    including the Geneva Conventions; and
                      (B) establishes standard operating procedures
                    for the treatment of detainees.
              (2) Ensuring that each Department of Defense contract
            in which contract personnel in the course of their
            duties interact with individuals detained by the
            Department of Defense on behalf of the United States
            Government include a requirement that such contract
            personnel have received training, and documented
            acknowledgment of receiving training, regarding the
            international obligations and laws of the United States
            applicable to the detention of personnel.
              (3) Providing all detainees with information, in
            their own language, of the applicable protections
            afforded under the Geneva Conventions.
              (4) Conducting periodic unannounced and announced
            inspections of detention facilities in order to provide
            continued oversight of interrogation and detention
            operations.
              (5) Ensuring that, to the maximum extent practicable,
            detainees and detention facility personnel of a
            different gender are not alone together.
        (c) Secretary of Defense Certification.--The Secretary of
    Defense shall certify that all Federal employees and civilian
    contractors engaged in the handling or interrogation of
    individuals detained by the Department of Defense on behalf of
    the United States Government have fulfilled an annual training
    requirement on the law of war, the Geneva Conventions, and the
    obligations of the United States under international law.

    SEC. 1093. REPORTING REQUIREMENTS.

        (a) Transmission of Regulations, Etc.--Not later than 30
    days after the date on which regulations, policies, and orders
    are first prescribed under section 1092(a), the Secretary of
    Defense shall transmit to the Committee on Armed Services of
    the Senate and the Committee on Armed Services of the House of
    Representatives copies of such regulations, policies, or
    orders, together with a report on steps taken to the date of
    the report to implement section 1092.
        (b) One-Year Implementation Report.--Not later than one
    year after the date on which regulations, policies, and orders
    are first prescribed under section 1092(a), the Secretary shall
    submit to such committees a report on further steps taken to
    implement section 1092 to the date of such report.
        (c) Annual Report.--Nine months after the date of the
    enactment of this Act and annually thereafter, the Secretary
    shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report for the preceding 12-months \12\
    containing the following:
    ---------------------------------------------------------------------------
        \12\ As enrolled.
    ---------------------------------------------------------------------------
              (1) Notice of any investigation into any violation of
            international obligations or laws of the United States
            regarding the treatment of individuals detained by the
            United States Armed Forces or by a person providing
            services to the Department of Defense on a contractual
            basis, if the notice will not compromise any ongoing
            criminal or administrative investigation or
            prosecution.
              (2) General information on the foreign national
            detainees in the custody of the Department of Defense
            during the 12-month period covered by the report,
            including the following:
                      (A) The best estimate of the Secretary of
                    Defense of the total number of detainees in the
                    custody of the Department as of the date of the
                    report.
                      (B) The best estimate of the Secretary of
                    Defense of the total number of detainees
                    released from the custody of the Department
                    during the period covered by the report.
                      (C) An aggregate summary of the number of
                    persons detained as enemy prisoners of war,
                    civilian internees, and unlawful combatants,
                    including information regarding the average
                    length of detention for persons in each
                    category.
                      (D) An aggregate summary of the nationality
                    of persons detained.
                      (E) Aggregate information as to the transfer
                    of detainees to the jurisdiction of other
                    countries, and the countries to which
                    transferred.
        (d) Classification of Reports.--Reports submitted under
    this section shall be submitted, to the extent practicable, in
    unclassified form, but may include a classified annex as
    necessary to protect the national security of the United
    States.
        (e) Termination.--The requirements of this section shall
    cease to be in effect on December 31, 2007.

    SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST
                        JOSEPH DARBY.

        (a) Findings.--Congress makes the following findings:
              (1) The need to act in accord with one's conscience,
            risking one's career and even the esteem of one's
            colleagues by pursuing what is right is especially
            important today.
              (2) While the Department of Defense investigates the
            horrific abuses in American detention facilities in
            Iraq, the Nation should bear in mind that the abuses
            were only brought to light because of the courage of an
            American soldier.
              (3) By alerting his superiors to abuses at Abu Ghraib
            prison in Iraq, Army Specialist Joseph Darby
            demonstrated the courage to speak out and do what is
            right for his country.
              (4) Such an action is especially important in light
            of the many challenges facing the country.
              (5) Specialist Darby deserves the Nation's thanks for
            speaking up and for standing up for what is right.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the Secretary of Defense should make every
            protection available to Army Specialist Joseph Darby
            and others who demonstrate such courage; and
              (2) Specialist Darby should be commended
            appropriately by the Secretary of the Army.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

      Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
                                    Terrorism

    Sec. 1201. Commanders' Emergency Response Program.
    Sec. 1202. Assistance to Iraq and Afghanistan military and security
              forces.
    Sec. 1203. Redesignation and modification of authorities relating to
              Inspector General of the Coalition Provisional Authority.
    Sec. 1204. Presidential report on strategy for stabilization of Iraq.
    Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
    Sec. 1206. Report on contractors supporting deployed forces and
              reconstruction efforts in Iraq.
    Sec. 1207. United Nations Oil-for-Food Program.
    Sec. 1208. Support of military operations to combat terrorism.

                    Subtitle B--Counterproliferation Matters

    Sec. 1211. Defense international counterproliferation programs.
    Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic
              missiles.
    Sec. 1213. Sense of Congress on the global partnership against the
              spread of weapons of mass destruction.
    Sec. 1214. Report on collaborative measures to reduce the risks of a
              launch of Russian nuclear weapons.

                            Subtitle C--Other Matters

    Sec. 1221. Authority for humanitarian assistance for the detection and
              clearance of landmines extended to include other explosive
              remnants of war.
    Sec. 1222. Expansion of entities of the People's Republic of China
              subject to certain presidential authorities when operating in
              the United States.
    Sec. 1223. Assignment of NATO naval personnel to submarine safety
              programs.
    Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
    Sec. 1225. Bilateral exchanges and trade in defense articles and defense
              services between the United States and the United Kingdom and
              Australia.
    Sec. 1226. Study on missile defense cooperation.

      Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on
                                    Terrorism

    SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Fiscal Year 2005 Authority.--During fiscal year 2005,
    from funds made available to the Department of Defense for
    operation and maintenance pursuant to title XV, not to exceed
    $854,000,000 \13\ may be used to provide funds--
    ---------------------------------------------------------------------------
        \13\ Sec. 1006 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. 243), struck out ``$500,000,000'' and
    inserted in lieu thereof ``$854,000,000''. Sec. 1006 of that Act,
    furthermore, provided the following:
        ``* * * Provided, That from funds available for the Commander's
    Emergency Response Program for fiscal year 2005, not to exceed
    $10,000,000 may be used to purchase weapons from any person, foreign
    government, international organization or other entity for the purpose
    of protecting United States forces overseas, and to dispose of the
    weapons purchased: Provided further, That the Secretary of Defense
    shall submit to the congressional defense committees quarterly reports
    regarding the purchase and disposal of weapons under this
    subsection.''.
        Previously, sec. 102 of division J of the Consolidated
    Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2809) struck
    out ``$300,000,000'' and inserted in lieu thereof ``$500,000,000''.
    ---------------------------------------------------------------------------
              (1) for the Commanders' Emergency Response Program,
            established by the Administrator of the Coalition
            Provisional Authority for the purpose of enabling
            United States military commanders in Iraq to respond to
            urgent humanitarian relief and reconstruction
            requirements within their areas of responsibility by
            carrying out programs that will immediately assist the
            Iraqi people; and
              (2) for a similar program to assist the people of
            Afghanistan.
        (b) Quarterly Reports.--Not later than 15 days after the
    end of each fiscal-year quarter (beginning with the first
    quarter of fiscal year 2005), the Secretary of Defense shall
    submit to the congressional defense committees a report
    regarding the source of funds and the allocation and use of
    funds during that quarter that were made available pursuant to
    the authority provided in this section or under any other
    provision of law for the purposes stated in subsection (a).
        (c) Waiver Authority.--For purposes of the exercise of the
    authority provided by this section or any other provision of
    law making funding available for the Commanders' Emergency
    Response Program referred to in subsection (a) (including a
    program referred to in paragraph (2) of that subsection), the
    Secretary may waive any provision of law not contained in this
    section that would (but for the waiver) prohibit, restrict,
    limit, or otherwise constrain the exercise of that authority.
        (d) Review of Laws.--Not later than 120 days after the date
    of the enactment of this Act, the Secretary shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report
    identifying all provisions of law that (if not waived) would
    prohibit, restrict, limit, or otherwise constrain the exercise
    of the authority provided in this section or any other
    provision of law using funds available for the purposes stated
    in subsection (a).

    SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY
                        FORCES.

        (a) Authority.--The Secretary of Defense may provide
    assistance under this section to Iraq and Afghanistan military
    and security forces. Such assistance shall be provided, subject
    to the provisions of this section, solely to enhance the
    ability of such forces to combat terrorism and support United
    States or coalition military operations in Iraq and
    Afghanistan, respectively.
        (b) Type of Assistance.--Assistance provided under
    subsection (a) may include equipment, supplies, services, and
    training.
        (c) Limitations.--Assistance under this section or under
    any other provision of law for the purpose described in
    subsection (a) may be provided only from funds available to the
    Department of Defense for fiscal year 2005 for operation and
    maintenance under title XV. The total amount of such assistance
    may not exceed $500,000,000.
        (d) Congressional Notification.--Before any provision of
    assistance under this section or any other provision of law for
    the purpose described in subsection (a), the Secretary of
    Defense shall submit to the congressional defense committees a
    notification of the assistance proposed to be provided. Any
    such notification shall be submitted not less than 15 days
    before the provision of such assistance.
        (e) Military and Security Forces Defined.--For purposes of
    this section, the term ``military and security forces'' means
    national armies, national guard forces, border security forces,
    civil defense forces, infrastructure protection forces, and
    police.

    SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO
                        INSPECTOR GENERAL OF THE COALITION PROVISIONAL
                        AUTHORITY. * * * \14\

        (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 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.
    ---------------------------------------------------------------------------
        \14\ Sec. 1203, other than subsec. (b), amended sec. 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 sec. 8G note).
    ---------------------------------------------------------------------------

    SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION OF IRAQ.

        (a) Stabilization Strategy.--Not later than 120 days after
    the date of the enactment of this Act, the President shall
    submit to Congress an unclassified report (with classified
    annex, if necessary) on the strategy of the United States and
    coalition forces for stabilizing Iraq. The report shall contain
    a detailed explanation of the strategy, together with the
    following:
              (1) A description of the efforts of the President to
            work with the United Nations to provide support for,
            and assistance to, the transitional government in Iraq
            and, in particular, the efforts of the President to
            negotiate and secure adoption by the United Nations
            Security Council of Resolution 1546.
              (2) A description of the efforts of the President to
            continue to work with North Atlantic Treaty
            Organization (NATO) member states and non-NATO member
            states to provide support for and augment coalition
            forces, including--
                      (A) the current military forces of coalition
                    countries deployed to Iraq;
                      (B) the current police forces of coalition
                    countries deployed to Iraq;
                      (C) the current financial resources of
                    coalition countries pledged and provided for
                    the stabilization and reconstruction of Iraq;
                    and
                      (D) a list of countries that have pledged to
                    deploy military or police forces, including the
                    schedule and level of such deployments.
              (3) The strategic plan referred to in subsection (b)
            relating to Iraqi security forces.
              (4) A description of the efforts of the United States
            and coalition forces to assist in the reconstruction of
            essential infrastructure of Iraq, including the oil
            industry, electricity generation, roads, schools, and
            hospitals.
              (5) A description of the efforts of the United
            States, coalition partners, and relevant international
            agencies to assist in the development of political
            institutions and prepare for democratic elections in
            Iraq.
              (6) A description of the obstacles, including
            financial, technical, logistic, personnel, political,
            and other obstacles, faced by NATO in generating and
            deploying military forces out of theater to locations
            such as Iraq.
        (b) Iraqi Security Forces.--The President shall include in
    the report under subsection (a) a strategic plan setting forth
    the manner in which the coaltion \15\ will achieve the goal of
    establishing viable and professional Iraqi security forces able
    to provide for the long-term security of the Iraqi people. That
    strategic plan shall include at least the following:
    ---------------------------------------------------------------------------
        \15\ As enrolled. Should read ``coalition''.
    ---------------------------------------------------------------------------
              (1) Recruiting and retention goals, shown for each
            service of the Iraqi security forces.
              (2) Training plans for each service of the Iraqi
            security forces.
              (3) A description of metrics by which progress toward
            the goal of Iraqi provision for its own security can be
            measured.
              (4) A description of equipment needs, shown for each
            service of the Iraqi security forces.
              (5) A resourcing plan for achieving the goals of the
            strategic plan.
              (6) Personnel plans in terms of United States
            military and contractor personnel to be used in
            training each such service.
              (7) A description of challenges faced and
            opportunities presented in particular regions of Iraq
            and a plan for addressing those challenges.
              (8) A discussion of training and deployment successes
            and failures to the date of the report and how lessons
            from those successes and failures will be incorporated
            into the strategic plan.
        (c) Quarterly Reports.--Not later than 30 days after the
    end of each quarter of calendar year 2005, the Secretary of
    Defense shall submit to the Congress a report on the actions
    taken under the strategic plan set forth pursuant to subsection
    (b) since the date of the enactment of this Act. Each such
    report shall be prepared in conjunction with the Secretary of
    State.

    SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED FORCES IN IRAQ.

        (a) Guidance.--Not later than 180 days after the date of
    the enactment of this Act, the Secretary of Defense shall issue
    guidance on how the Department of Defense shall manage
    contractor personnel who support deployed forces and shall
    direct the Secretaries of the military departments to develop
    procedures to ensure implementation of that guidance. The
    guidance shall--
              (1) establish policies for the use of contractors to
            support deployed forces;
              (2) delineate the roles and responsibilities of
            commanders regarding the management and oversight of
            contractor personnel who support deployed forces; and
              (3) integrate into a single document other guidance
            and doctrine that may affect Department of Defense
            responsibilities to contractors in locations where
            members of the Armed Forces are deployed.
        (b) Issues to be Addressed.--The guidance issued under
    subsection (a) shall address at least the following matters:
              (1) Warning contractor security personnel of
            potentially hazardous situations.
              (2) Coordinating the movement of contractor security
            personnel, especially through areas of increased risk
            or planned or ongoing military operations.
              (3) Rapidly identifying contractor security personnel
            by members of the Armed Forces.
              (4) Sharing relevant threat information with
            contractor security personnel and receiving information
            gathered by contractor security personnel for use by
            United States and coalition forces.
              (5) Providing appropriate assistance to contractor
            personnel who become engaged in hostile situations.
              (6) Providing medical assistance for, and evacuation
            of, contractor personnel who become casualties as a
            result of enemy actions.
              (7) Investigating background and qualifications of
            contractor security personnel and organizations.
              (8) Establishing rules of engagement for armed
            contractor security personnel, and ensuring proper
            training and compliance with the rules of engagement.
              (9) Establishing categories of security,
            intelligence, law enforcement, and criminal justice
            functions that are--
                      (A) inherently governmental functions under
                    Subpart 7.5 of the Federal Acquisition
                    Regulation; or
                      (B) although not inherently governmental
                    functions, should not ordinarily be performed
                    by contractors in areas of operations.
              (10) Establishing procedures for making and
            documenting determinations about which security,
            intelligence, law enforcement, and criminal justice
            functions will be performed by military personnel and
            which will be performed by private companies.
        (c) Report.--Not later than 30 days after issuing the
    guidance required under subsection (a), the Secretary of
    Defense shall submit to the Committees on Armed Services of the
    Senate and House of Representatives a report on the guidance
    issued under subsection (a).

    SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED FORCES AND
                        RECONSTRUCTION EFFORTS IN IRAQ.

        (a) Report Required.--Not later than 180 days after the
    date of the enactment of this Act, the Secretary of Defense
    shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report on contractors supporting deployed
    forces and reconstruction efforts in Iraq.
        (b) Matters To Be Included.--The report required by
    subsection (a) shall include, at a minimum, the following
    matters with respect to contractors, and employees of
    contractors, described in subsection (a):
              (1) A description of the overall chain of command and
            oversight mechanisms that are in place to ensure
            adequate command and supervision of such contractor
            employees in critical security roles.
              (2) A description of sanctions that are available to
            be imposed on such a contractor employee who--
                      (A) fails to comply with a requirement of law
                    or regulation that applies to such employee; or
                      (B) engages in other misconduct.
              (3) A description of disciplinary and criminal
            actions brought against contractor employees during the
            period beginning on May 1, 2003, and ending on the date
            of the enactment of this Act.
              (4) An explanation of the legal status of contractor
            employees engaged in the performance of security
            functions in Iraq after the transfer of sovereign power
            to Iraq on June 28, 2004.
              (5) A specification of casualty and fatality figures
            for contractor employees supporting deployed forces and
            reconstruction efforts in Iraq, shown, to the extent
            practicable, in the following categories:
                      (A) Total casualties and total fatalities.
                      (B) Casualties and fatalities among--
                              (i) nationals of the United States;
                              (ii) nationals of Iraq; and
                              (iii) nationals of states other than
                            the United States and Iraq.
              (6) A description, to the maximum extent practicable,
            of incidents in which contractor employees supporting
            deployed forces and reconstruction efforts in Iraq have
            been engaged in hostile fire or other incidents of note
            during the period beginning on May 1, 2003, and ending
            on the date of the enactment of this Act.
        (c) Plans.--The Secretary shall include with the report
    under subsection (a) the following plans:
              (1) A plan for establishing and implementing a
            process for collecting data on individual contractors,
            the value of the contracts, the number of casualties
            incurred, and the number of personnel in Iraq
            performing the following services for the Department of
            Defense and other Federal agencies:
                      (A) Personal security details.
                      (B) Nonmilitary site security.
                      (C) Nonmilitary convoy security.
                      (D) Interrogation services at interrogation
                    centers operated by the Department of Defense.
              (2) A plan for ensuring that military commanders in
            the theater of operations have accurate information on
            the number, types, and sources of weapons and other
            critical equipment (such as body armor, armored
            vehicles, secure communications and friend-foe
            identification) that contractor personnel performing
            services specified in paragraph (1) are authorized to
            possess.
        (d) Coordination.--In the preparation of the report under
    this section (including the plans under subsection (c)), the
    Secretary of Defense shall coordinate, as appropriate, with the
    head of any Federal agency that is involved in the procurement
    of services from contractors supporting deployed forces and
    reconstruction efforts in Iraq. The head of any such agency
    shall provide to the Secretary of Defense such information as
    the Secretary may require about such contractors to complete
    the report.

    SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

        (a) Access to Documents.--It is the sense of Congress that
    the Secretary of State should seek to conclude a memorandum of
    understanding with the Interim Government of Iraq to ensure
    that the United States will have access to all documents in the
    possession of that Government related to the United Nations
    Oil-for-Food Program.
        (b) Information From the United Nations.--(1) The Secretary
    of State shall use the voice and vote of the United States in
    the United Nations to urge the Secretary General of the United
    Nations to provide to the United States copies of all audits
    and core documents related to the United Nations Oil-for-Food
    Program, including all audits, examinations, studies, reviews,
    or similar documents prepared by the United Nations Office of
    Internal Oversight Services and all responses to such
    documents.
        (2) It is the sense of Congress that, pursuant to section
    941(b)(6) of the United Nations Reform Act of 1999 (title IX of
    division A of H.R. 3427 of the 106th Congress, as enacted into
    law by section 1000(a)(7) of Public Law 106-113; 113 Stat.
    1501A-483), the Comptroller General should have full and
    complete access to financial information relating to the United
    Nations, including information related to the financial
    transactions, organization, and activities of the United
    Nations Oil-for-Food Program.
        (3) The Secretary of State shall facilitate access by the
    Comptroller General to the financial information described in
    paragraph (2).
        (c) Cooperation in Investigations.--The head of any
    Executive agency (including the Secretary of State, the
    Secretary of Defense, the Secretary of the Treasury, and the
    Director of the Central Intelligence Agency) shall, upon a
    request in connection with an investigation of the United
    Nations Oil-for-Food Program made by a committee of
    jurisdiction of the Senate or House of Representatives,
    promptly provide to the chairman of that committee--
              (1) access to any information or document described
            in subsection (a) or (b) that is under the control of
            such agency and responsive to the request; and
              (2) cooperation in gaining access to information and
            documents described in subsections (a) and (b) that are
            not under the control of such agency, as appropriate.
        (d) Review of Oil-for-Food Program by Comptroller
    General.--(1) The Comptroller General shall conduct a review of
    the United Nations Oil-for-Food Program, including the role of
    the United States in that program. The review--
              (A) in accordance with generally accepted government
            auditing standards, should not interfere with any
            ongoing criminal investigation or inquiry related to
            that program; and
              (B) may take into account the results of any
            investigation or inquiry related to that program.
        (2) The head of each Executive agency shall fully cooperate
    with the review of the Comptroller General under paragraph (1).
        (e) Executive Agency Defined.--In this section, the term
    ``Executive agency'' has the meaning given that term in section
    105 of title 5, United States Code.

    SEC. 1208. SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.

        (a) Authority.--The Secretary of Defense may expend up to
    $25,000,000 during any fiscal year during which this subsection
    is in effect to provide support to foreign forces, irregular
    forces, groups, or individuals engaged in supporting or
    facilitating ongoing military operations by United States
    special operations forces to combat terrorism.
        (b) Procedures.--The Secretary of Defense shall establish
    procedures for the exercise of the authority under subsection
    (a). The Secretary shall notify the congressional defense
    committees of those procedures before any exercise of that
    authority.
        (c) Notification.--Upon using the authority provided in
    subsection (a) to make funds available for support of an
    approved military operation, the Secretary of Defense shall
    notify the congressional defense committees expeditiously, and
    in any event in not less than 48 hours, of the use of such
    authority with respect to that operation. Such a notification
    need be provided only once with respect to any such operation.
    Any such notification shall be in writing.
        (d) Limitation on Delegation.--The authority of the
    Secretary of Defense to make funds available under subsection
    (a) for support of a military operation may not be delegated.
        (e) Intelligence Activities.--This section does not
    constitute authority to conduct a covert action, as such term
    is defined in section 503(e) of the National Security Act of
    1947 (50 U.S.C. 413b(e)).
        (f) Annual Report.--Not later than 30 days after the close
    of each fiscal year during which subsection (a) is in effect,
    the Secretary of Defense shall submit to the congressional
    defense committees a report on support provided under that
    subsection during that fiscal year. Each such report shall
    describe the support provided, including a statement of the
    recipient of the support and the amount obligated to provide
    the support.
        (g) Fiscal Year 2005 Limitation.--Support may be provided
    under subsection (a) during fiscal year 2005 only from funds
    made available for operations and maintenance pursuant to title
    XV of this Act.
        (h) Period of Authority.--The authority under subsection
    (a) is in effect during each of fiscal years 2005 through 2007.

                    Subtitle B--Counterproliferation Matters

    SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.

        (a) International Security Program to Prevent Unauthorized
    Transfer and Transportation of WMDs.--Subsection (b) of section
    1424 of the Defense Against Weapons of Mass Destruction Act of
    1996 (50 U.S.C. 2333) is amended to read as follows: * * *
        (b) International Training Program to Deter WMD
    Proliferation.--Section 1504(e)(3)(A) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2918) is amended--* * *

    SEC. 1212.\16\ POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF
                        BALLISTIC MISSILES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2797 note.
    ---------------------------------------------------------------------------
              (1) Certain countries are seeking to acquire
            ballistic missiles and related technologies that could
            be used to attack the United States or place at risk
            United States interests, deployed members of the Armed
            Forces, and allies of the United States and other
            friendly foreign countries.
              (2) Certain countries continue to actively transfer
            or sell ballistic missile technologies in contravention
            of standards of behavior established by the United
            States and allies of the United States and other
            friendly foreign countries.
              (3) The spread of ballistic missiles and related
            technologies worldwide has been slowed by a combination
            of national and international export controls, forward-
            looking diplomacy, and multilateral interdiction
            activities to restrict the development and transfer of
            such missiles and technologies.
        (b) Policy.--It is the policy of the United States to
    develop, support, and strengthen international accords and
    other cooperative efforts to curtail the proliferation of
    ballistic missiles and related technologies which could
    threaten the territory of the United States, allies of the
    United States and other friendly foreign countries, and
    deployed members of the Armed Forces of the United States with
    weapons of mass destruction.
        (c) Sense of Congress.--It is the sense of Congress that--
              (1) the United States should vigorously pursue
            foreign policy initiatives aimed at eliminating,
            reducing, or retarding the proliferation of ballistic
            missiles and related technologies; and
              (2) the United States and the international community
            should continue to support and strengthen established
            international accords and other cooperative efforts,
            including United Nations Security Council Resolution
            1540 (April 28, 2004) and the Missile Technology
            Control Regime, that are designed to eliminate, reduce,
            or retard the proliferation of ballistic missiles and
            related technologies.

    SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
                        SPREAD OF WEAPONS OF MASS DESTRUCTION.

        (a) Commendation of President.--Congress commends the
    President for the steps taken at the G-8 summit at Sea Island,
    Georgia, on June 8-10, 2004--
              (1) to demonstrate continued support for the Global
            Partnership against the Spread of Nuclear Weapons and
            Materials of Mass Destruction; and
              (2) to expand the Partnership (A) by welcoming new
            members, and (B) by using the Partnership to coordinate
            nonproliferation projects in Libya, Iraq, and other
            countries.
        (b) Future Actions.--It is the sense of Congress that the
    President should seek to--
              (1) expand the membership of donor nations to the
            Global Partnership against the Spread of Nuclear
            Weapons and Materials of Mass Destruction;
              (2) ensure that the Russian Federation remains the
            primary focus of the Partnership, but also seek to
            fund, through the Partnership, efforts in other
            countries that need assistance to secure or dismantle
            their own potentially vulnerable weapons or materials;
              (3) develop for the Partnership clear program goals;
              (4) develop for the Partnership transparent project
            prioritization and planning;
              (5) develop for the Partnership project
            implementation milestones under periodic review;
              (6) develop under the Partnership agreements between
            partners for project implementation; and
              (7) give high priority and senior-level attention to
            resolving disagreements on site access and worker
            liability under the Partnership.

    SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A
                        LAUNCH OF RUSSIAN NUCLEAR WEAPONS.

        Not later than November 1, 2005, the Secretary of Defense
    shall submit to Congress a report on collaborative measures
    between the United States and the Russian Federation to reduce
    the risks of a launch of a nuclear-armed ballistic missile as a
    result of accident, misinformation, miscalculation, or
    unauthorized use. The report shall provide--
              (1) a description and assessment of the collaborative
            measures that are currently in effect;
              (2) a description and assessment of other
            collaborative measures that could be pursued in the
            future;
              (3) an assessment of the potential contributions of
            such collaborative measures to the national security of
            the United States;
              (4) an assessment of the effect of such collaborative
            measures on relations between the United States and the
            Russian Federation;
              (5) a description of the obstacles and opportunities
            associated with pursuing such collaborative measures;
            and
              (6) an assessment of the future of the Joint Data
            Exchange Center.

                           Subtitle C--Other Matters

    SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND
                        CLEARANCE OF LANDMINES EXTENDED TO INCLUDE OTHER
                        EXPLOSIVE REMNANTS OF WAR.

        (a) Extension of Authority.--Subsection (e)(5) of section
    401 of title 10, United States Code, is amended * * *
        (b) Conforming Amendments.--* * *

    SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA
                        SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN
                        OPERATING IN THE UNITED STATES.

        Section 1237(b)(4)(B)(i) of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
    note) is amended--* * *

    SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY
                        PROGRAMS.

        (a) In General.--Chapter 631 of title 10, United States
    Code, is amended by adding at the end the following new
    section:

    ``Sec. 7234. Submarine safety programs: participation of NATO naval
                        personnel * * *''

    SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW NATO
                        MEMBERS.

        (a) Availability of Funds.--Of the amount authorized to be
    appropriated by section 301(5) for operation and maintenance,
    defense-wide activities, and available for the Defense Security
    Cooperation Agency for the Warsaw Initiative Funds (WIF),
    $4,000,000 may be available only in fiscal year 2005 for the
    participation of the North Atlantic Treaty Organization (NATO)
    members set forth in subsection (b) in the exercises and
    programs of the Partnership for Peace program of the North
    Atlantic Treaty Organization.
        (b) NATO Members.--The North Atlantic Treaty Organization
    members set forth in this subsection are as follows:
              (1) Bulgaria.
              (2) Estonia.
              (3) Latvia.
              (4) Lithuania.
              (5) Romania.
              (6) Slovakia.
              (7) Slovenia.

    SEC. 1225.\17\ BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES AND
                        DEFENSE SERVICES BETWEEN THE UNITED STATES AND THE
                        UNITED KINGDOM AND AUSTRALIA.

        (a) Policy.--It is the policy of Congress that bilateral
    exchanges and trade in defense articles and defense services
    between the United States and the United Kingdom and Australia
    are in the national security interest of the United States and
    that such exchanges and trade should be subjected to
    accelerated review and processing consistent with national
    security and the requirements of the Arms Export Control Act
    (22 U.S.C. 2751 et seq.).
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------
        (b) Requirement.--The Secretary of State shall ensure that
    any license application submitted for the export of defense
    articles or defense services to Australia or the United Kingdom
    is expeditiously processed by the Department of State, in
    consultation with the Department of Defense, without referral
    to any other Federal department or agency, except where the
    item is classified or exceptional circumstances apply.
        (c) Regulations.--The President shall ensure that
    regulations are prescribed to implement this section.

    SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.

        (a) Requirement for Study.--The Secretary of Defense, in
    consultation with the Secretary of State, shall carry out a
    study to determine the advisability of authorizing or
    requiring--
              (1) the Secretary of State to establish procedures
            for considering technical assistance agreements and
            related amendments and munitions license applications
            for the export of defense items related to missile
            defense not later than 30 days after receiving such
            agreements, amendments, and munitions license
            applications, except in cases in which the Secretary of
            State determines that additional time is required to
            complete a review of a technical assistance agreement
            or related amendment or a munitions license application
            for foreign policy or national security reasons,
            including concerns regarding the proliferation of
            ballistic missile technology; and
              (2) the Secretary of Defense to establish procedures
            to increase the efficiency and transparency of the
            practices used by the Department of Defense to review
            technical assistance agreements and related amendments
            and munitions license applications related to
            international cooperation on missile defense that are
            referred to the Department.
        (b) Feasibility of Requiring Comprehensive Authorizations
    for Missile Defense.--In carrying out the study under
    subsection (a), the Secretary of Defense, in consultation with
    the Secretary of State, shall examine the feasibility of
    providing major project authorizations for programs related to
    missile defense similar to the comprehensive export
    authorization specified in section 126.14 of the International
    Traffic in Arms Regulations (section 126.14 of title 22, Code
    of Federal Regulations).
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall, in
    consultation with the Secretary of State, submit to the
    Committee on Armed Services and the Committee on Foreign
    Relations of the Senate and the Committee on Armed Services and
    the Committee on International Relations of the House of
    Representatives a report on the results of the study under
    subsection (a). The report shall include--
              (1) the determinations resulting from the study,
            including a determination on the feasibility of
            providing the major project authorization for projects
            related to missile defense described in subsection (b);
            and
              (2) a discussion of the justification for each such
            determination.
        (d) Definition of Defense Items.--In this section, the term
    ``defense items'' has the meaning given that term in section
    38(j)(4)(A) of the Arms Export Control Act (22 U.S.C.
    2778(j)(4)(A)).

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \18\

              * * * * * * *
    ---------------------------------------------------------------------------
        \18\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

      TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
                     FREEDOM AND OPERATION ENDURING FREEDOM

    Sec. 1501. Purpose.
    Sec. 1502. Army procurement.
    Sec. 1503. Navy and Marine Corps procurement.
    Sec. 1504. Defense-wide activities procurement.
    Sec. 1505. Operation and maintenance.
    Sec. 1506. Defense working capital funds.
    Sec. 1507. Iraq Freedom Fund.
    Sec. 1508. Defense health program.
    Sec. 1509. Military personnel.
    Sec. 1510. Treatment as additional authorizations.
    Sec. 1511. Transfer authority.

    SEC. 1501. PURPOSE.

        The purpose of this title is to authorize emergency
    appropriations for the Department of Defense for fiscal year
    2005 to provide funds for additional costs due to Operation
    Iraqi Freedom and Operation Enduring Freedom. Funds in this
    title are available upon the enactment of this Act.

    SEC. 1502. ARMY PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for procurement accounts of the Army in amounts as
    follows:
              (1) For weapons and tracked combat vehicles,
            $50,000,000.
              (2) For ammunition, $110,000,000.
              (3) For other procurement, $755,000,000.
              (4) For National Guard and Reserve equipment,
            $50,000,000.

    SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

        (a) Marine Corps.--Funds are hereby authorized to be
    appropriated for fiscal year 2005 for the procurement account
    for the Marine Corps in the amount of $150,000,000.
        (b) Navy and Marine Corps Ammunition.--Funds are hereby
    authorized to be appropriated for fiscal year 2005 for the
    procurement account for ammunition for the Navy and the Marine
    Corps in the amount of $30,000,000.

    SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for the procurement account for Defense-wide
    procurement in the amount of $50,000,000.

    SEC. 1505. OPERATION AND MAINTENANCE.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for the use of the Armed Forces for expenses, not
    otherwise provided for, operation and maintenance, in amounts
    as follows:
              (1) For the Army, $13,550,000,000.
              (2) For the Navy, $367,000,000.
              (3) For the Marine Corps, $1,665,000,000.
              (4) For the Air Force, $419,000,000.
              (5) For Defense-wide, $404,000,000.

    SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for Defense Working Capital Program in the amount of
    $1,478,000,000.

    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.

    SEC. 1508. DEFENSE HEALTH PROGRAM.

        Funds are hereby authorized to be appropriated for the
    Department of Defense for fiscal year 2005 for expenses, not
    otherwise provided for, the Defense Health Program, in the
    amount of $780,000,000, for Operation and Maintenance.

    SEC. 1509. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the
    Department of Defense for military personnel accounts for
    fiscal year 2005 a total of $1,250,000,000.

    SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

        The amounts authorized to be appropriated by this title are
    in addition to amounts otherwise authorized to be appropriated
    by this Act.

    SEC. 1511. TRANSFER AUTHORITY.

        (a) Authority to Transfer Authorizations.--(1) Upon
    determination by the Secretary of Defense that such action is
    necessary in the national interest, the Secretary may transfer
    amounts of authorizations made available to the Department of
    Defense in this title for fiscal year 2005 between any such
    authorizations for that fiscal year (or any subdivisions
    thereof). Amounts of authorizations so transferred shall be
    merged with and be available for the same purposes as the
    authorization to which transferred.
        (2) The total amount of authorizations that the Secretary
    may transfer under the authority of this section may not exceed
    $1,500,000,000. The transfer authority provided in this section
    is in addition to any other transfer authority available to the
    Secretary of Defense.
        (b) Limitations.--The authority provided by this section to
    transfer authorizations--
              (1) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred;
              (2) may not be used to provide authority for an item
            that has been denied authorization by Congress; and
              (3) may not be combined with the authority under
            section 1001.
        (c) Effect on Authorization Amounts.--A transfer made from
    one account to another under the authority of this section
    shall be deemed to increase the amount authorized for the
    account to which the amount is transferred by an amount equal
    to the amount transferred.
        (d) Notice to Congress.--A transfer may be made under the
    authority of this section only after the Secretary of Defense--
              (1) consults with the chairmen and ranking members of
            the congressional defense committees with respect to
            the proposed transfer; and
              (2) after such consultation, notifies those
            committees in writing of the proposed transfer not less
            than five days before the transfer is made.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

    SEC. 3131.\19\ MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR
                        MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS
                        OUTSIDE THE FORMER SOVIET UNION.

        (a) Applicability of Authority Limited to Projects Not
    Previously Authorized.--Subsection (a) of section 3124 of the
    National Defense Authorization Act for Fiscal Year 2004 (Public
    Law 108-136; 117 Stat. 1747) is amended * * *
    ---------------------------------------------------------------------------
        \19\ 50 U.S.C. 2568.
    ---------------------------------------------------------------------------
        (b) Repeal of Limitation on Total Amount of Obligation.--
    Such section is further amended--* * *
        (c) Applicability Beyond Fiscal Year 2004.--Subsection (e)
    of such section (as redesignated by subsection (b)) is amended
    * * *

    SEC. 3132.\20\ ACCELERATION OF REMOVAL OR SECURITY OF FISSILE
                        MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED
                        EQUIPMENT AT VULNERABLE SITES WORLDWIDE.

        (a) Sense of Congress.--(1) It is the sense of Congress
    that the security, including the rapid removal or secure
    storage, of high-risk, proliferation-attractive fissile
    materials, radiological materials, and related equipment at
    vulnerable sites worldwide should be a top priority among the
    activities to achieve the national security of the United
    States.
    ---------------------------------------------------------------------------
        \20\ 50 U.S.C. 2569.
    ---------------------------------------------------------------------------
        (2) It is the sense of Congress that the President may
    establish in the Department of Energy a task force to be known
    as the Task Force on Nuclear Materials to carry out the program
    authorized by subsection (b).
        (b) Program Authorized.--The Secretary of Energy may carry
    out a program to undertake an accelerated, comprehensive
    worldwide effort to mitigate the threats posed by high-risk,
    proliferation-attractive fissile materials, radiological
    materials, and related equipment located at sites potentially
    vulnerable to theft or diversion.
        (c) Program Elements.--(1) Activities under the program
    under subsection (b) may include the following:
              (A) Accelerated efforts to secure, remove, or
            eliminate proliferation-attractive fissile materials or
            radiological materials in research reactors, other
            reactors, and other facilities worldwide.
              (B) Arrangements for the secure shipment of
            proliferation-attractive fissile materials,
            radiological materials, and related equipment to other
            countries willing to accept such materials and
            equipment, or to the United States if such countries
            cannot be identified, and the provision of secure
            storage or disposition of such materials and equipment
            following shipment.
              (C) The transportation of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment from sites identified as proliferation risks
            to secure facilities in other countries or in the
            United States.
              (D) The processing and packaging of proliferation-
            attractive fissile materials, radiological materials,
            and related equipment in accordance with required
            standards for transport, storage, and disposition.
              (E) The provision of interim security upgrades for
            vulnerable, proliferation-attractive fissile materials,
            radiological materials, and related equipment pending
            their removal from their current sites.
              (F) The utilization of funds to upgrade security and
            accounting at sites where proliferation-attractive
            fissile materials or radiological materials will remain
            for an extended period of time in order to ensure that
            such materials are secure against plausible potential
            threats and will remain so in the future.
              (G) The management of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment at secure facilities.
              (H) Actions to ensure that security, including
            security upgrades at sites and facilities for the
            storage or disposition of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment, continues to function as intended.
              (I) The provision of technical support to the
            International Atomic Energy Agency (IAEA), other
            countries, and other entities to facilitate removal of,
            and security upgrades to facilities that contain,
            proliferation-attractive fissile materials,
            radiological materials, and related equipment
            worldwide.
              (J) The development of alternative fuels and
            irradiation targets based on low-enriched uranium to
            convert research or other reactors fueled by highly-
            enriched uranium to such alternative fuels, as well as
            the conversion of reactors and irradiation targets
            employing highly-enriched uranium to employment of such
            alternative fuels and targets.
              (K) Accelerated actions for the blend down of highly-
            enriched uranium to low-enriched uranium.
              (L) The provision of assistance in the closure and
            decommissioning of sites identified as presenting risks
            of proliferation of proliferation-attractive fissile
            materials, radiological materials, and related
            equipment.
              (M) Programs to--
                      (i) assist in the placement of employees
                    displaced as a result of actions pursuant to
                    the program in enterprises not representing a
                    proliferation threat; and
                      (ii) convert sites identified as presenting
                    risks of proliferation regarding proliferation-
                    attractive fissile materials, radiological
                    materials, and related equipment to purposes
                    not representing a proliferation threat to the
                    extent necessary to eliminate the proliferation
                    threat.
        (2) The Secretary of Energy shall, in coordination with the
    Secretary of State, carry out the program in consultation with,
    and with the assistance of, appropriate departments, agencies,
    and other entities of the United States Government.
        (3) The Secretary of Energy shall, with the concurrence of
    the Secretary of State, carry out activities under the program
    in collaboration with such foreign governments, non-
    governmental organizations, and other international entities as
    the Secretary of Energy considers appropriate for the program.
        (d) Reports.--(1) Not later than March 15, 2005, the
    Secretary of Energy shall submit to Congress a classified
    interim report on the program under subsection (b).
        (2) Not later than January 1, 2006, the Secretary shall
    submit to Congress a classified final report on the program
    under subsection (b) that includes the following:
              (A) A survey by the Secretary of the facilities and
            sites worldwide that contain proliferation-attractive
            fissile materials, radiological materials, or related
            equipment.
              (B) A list of sites determined by the Secretary to be
            of the highest priority, taking into account risk of
            theft from such sites, for removal or security of
            proliferation-attractive fissile materials,
            radiological materials, or related equipment, organized
            by level of priority.
              (C) A plan, including activities under the program
            under this section, for the removal, security, or both
            of proliferation-attractive fissile materials,
            radiological materials, or related equipment at
            vulnerable facilities and sites worldwide, including
            measurable milestones, metrics, and estimated costs for
            the implementation of the plan.
        (3) A summary of each report under this subsection shall
    also be submitted to Congress in unclassified form.
        (e) Funding.--Amounts authorized to be appropriated to the
    Secretary of Energy for defense nuclear nonproliferation
    activities shall be available for purposes of the program under
    this section.
        (f) Definitions.--In this section:
              (1) The term ``fissile materials'' means plutonium,
            highly-enriched uranium, or other material capable of
            sustaining an explosive nuclear chain reaction,
            including irradiated items containing such materials if
            the radiation field from such items is not sufficient
            to prevent the theft or misuse of such items.
              (2) The term ``radiological materials'' includes
            Americium-241, Californium-252, Cesium-137, Cobalt-60,
            Iridium-192, Plutonium-238, Radium-226, Strontium-90,
            Curium-244, and irradiated items containing such
            materials, or other materials designated by the
            Secretary of Energy for purposes of this paragraph.
              (3) The term ``related equipment'' includes equipment
            useful for enrichment of uranium in the isotope 235 and
            for extraction of fissile materials from irradiated
            fuel rods and other equipment designated by the
            Secretary of Energy for purposes of this section.
              (4) The term ``highly-enriched uranium'' means
            uranium enriched to or above 20 percent in the isotope
            235.
              (5) The term ``low-enriched uranium'' means uranium
            enriched below 20 percent in the isotope 235.
              (6) The term ``proliferation-attractive'', in the
            case of fissile materials and radiological materials,
            means quantities and types of such materials that are
            determined by the Secretary of Energy to present a
            significant risk to the national security of the United
            States if diverted to a use relating to proliferation.

    SEC. 3133.\21\ SILK ROAD INITIATIVE.

        (a) Program Authorized.--(1) The Secretary of Energy may
    carry out a program, to be known as the Silk Road Initiative,
    to promote non-weapons-related employment opportunities for
    scientists, engineers, and technicians formerly engaged in
    activities to develop and produce weapons of mass destruction
    in Silk Road nations. The program should--
    ---------------------------------------------------------------------------
        \21\ 50 U.S.C. 2570.
    ---------------------------------------------------------------------------
              (A) incorporate best practices under the Initiatives
            for Proliferation Prevention program; and
              (B) facilitate commercial partnerships between
            private entities in the United States and scientists,
            engineers, and technicians in the Silk Road nations.
        (2) Before implementing the program with respect to
    multiple Silk Road nations, the Secretary of Energy shall carry
    out a pilot program with respect to one Silk Road nation
    selected by the Secretary. It is the sense of Congress that the
    Secretary should select the Republic of Georgia.
        (b) Silk Road Nations Defined.--In this section, the Silk
    Road nations are Armenia, Azerbaijan, the Republic of Georgia,
    Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
    Uzbekistan.
        (c) Funding.--Of the funds authorized to be appropriated to
    the Department of Energy for nonproliferation and international
    security for fiscal year 2005, up to $10,000,000 may be used to
    carry out this section.

    SEC. 3134.\22\ NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS
                        EMPLOYED BY UNITED STATES AND RUSSIAN FEDERATION.

        (a) In General.--(1) From amounts made available to carry
    out this section, the Administrator for Nuclear Security may
    carry out a program under which the Administrator awards, to
    scientists employed at nonproliferation research laboratories
    of the Russian Federation and the United States, international
    exchange fellowships, to be known as Nuclear Nonproliferation
    Fellowships, in the nuclear nonproliferation sciences.
    ---------------------------------------------------------------------------
        \22\ 50 U.S.C. 2571.
    ---------------------------------------------------------------------------
        (2) The purpose of the program shall be to provide
    opportunities for advancement in the nuclear nonproliferation
    sciences to scientists who, as demonstrated by their academic
    or professional achievements, show particular promise of making
    significant contributions in those sciences.
        (3) A fellowship awarded to a scientist under the program
    shall be for collaborative study and training or advanced
    research at--
              (A) a nonproliferation research laboratory of the
            Russian Federation, in the case of a scientist employed
            at a nonproliferation research laboratory of the United
            States; and
              (B) a nonproliferation research laboratory of the
            United States, in the case of a scientist employed at a
            nonproliferation research laboratory of the Russian
            Federation.
        (4) The duration of a fellowship under the program may not
    exceed two years, except that the Administrator may provide for
    a longer duration in an individual case to the extent warranted
    by extraordinary circumstances, as determined by the
    Administrator.
        (5) In a calendar year, the Administrator may not award
    more than--
              (A) one fellowship to a scientist employed at a
            nonproliferation research laboratory of the Russian
            Federation; and
              (B) one fellowship to a scientist employed at a
            nonproliferation research laboratory of the United
            States.
        (6) A fellowship under the program shall include--
              (A) travel expenses; and
              (B) any other expenses that the Administrator
            considers appropriate, such as room and board.
        (b) Definitions.--In this section:
              (1) The term ``nonproliferation research laboratory''
            means, with respect to a country, a national laboratory
            of that country at which research in the nuclear
            nonproliferation sciences is carried out.
              (2) The term ``nuclear nonproliferation sciences''
            means bodies of scientific knowledge relevant to
            developing or advancing the means to prevent or impede
            the proliferation of nuclear weaponry.
              (3) The term ``scientist'' means an individual who
            has a degree from an institution of higher education in
            a science that has practical application in the nuclear
            nonproliferation sciences.
        (c) Funding.--Amounts available to the Department of Energy
    for defense nuclear nonproliferation activities shall be
    available for the fellowships authorized by subsection (a).

    SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
                        ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION
                        PROGRAM.

        Section 3151 of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
    Stat. 2736; 22 U.S.C. 5952 note) is amended * * *
              * * * * * * *
               f. Department of Defense Appropriations Act, 2005

    Partial text of Public Law 108-287 [H.R. 4613], 118 Stat. 951, approved
     August 5, 2004; amended by Public Law 108-324 [Military Construction
    Appropriations and Emergency Hurricane Supplemental Appropriations Act,
          2005; H.R. 4837], 118 Stat. 1220, approved October 13, 2004

      AN ACT Making appropriations for the Department of Defense 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,
    That the following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2005, for military functions administered
    by the Department of Defense, and for other purposes, namely:

                                   TITLE VIII

                               GENERAL PROVISIONS

              * * * * * * *
        Sec. 8018.\1\ Notwithstanding any other provision of law,
    during the current fiscal year and hereafter, the Secretary of
    Defense may, by executive agreement, establish with host nation
    governments in NATO member states a separate account into which
    such residual value amounts negotiated in the return of United
    States military installations in NATO member states may be
    deposited, in the currency of the host nation, in lieu of
    direct monetary transfers to the United States Treasury:
    Provided, That such credits may be utilized only for the
    construction of facilities to support United States military
    forces in that host nation, or such real property maintenance
    and base operating costs that are currently executed through
    monetary transfers to such host nations: Provided further, That
    the Department of Defense's budget submission for subsequent
    fiscal years shall identify such sums anticipated in residual
    value settlements, and identify such construction, real
    property maintenance or base operating costs that shall be
    funded by the host nation through such credits: Provided
    further, That all military construction projects to be executed
    from such accounts must be previously approved in a prior Act
    of Congress: Provided further, That each such executive
    agreement with a NATO member host nation shall be reported to
    the congressional defense committees, the Committee on
    International Relations of the House of Representatives and the
    Committee on Foreign Relations of the Senate 30 days prior to
    the conclusion and endorsement of any such agreement
    established under this provision.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 2687 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8065.\2\ To the extent authorized by subchapter VI of
    chapter 148 of title 10, United States Code, for the current
    fiscal year and hereafter the Secretary of Defense may issue
    loan guarantees in support of United States defense exports not
    otherwise provided for: Provided, That the total contingent
    liability of the United States for guarantees issued under the
    authority of this section may not exceed $15,000,000,000:
    Provided further, That the exposure fees charged and collected
    by the Secretary for each guarantee shall be paid by the
    country involved and shall not be financed as part of a loan
    guaranteed by the United States: Provided further, That the
    Secretary shall provide quarterly reports to the Committees on
    Appropriations, Armed Services, and Foreign Relations of the
    Senate and the Committees on Appropriations, Armed Services,
    and International Relations in the House of Representatives on
    the implementation of this program: Provided further, That
    amounts charged for administrative fees and deposited to the
    special account provided for under section 2540c(d) of title
    10, shall be available for paying the costs of administrative
    expenses of the Department of Defense that are attributable to
    the loan guarantee program under subchapter VI of chapter 148
    of title 10, United States Code.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 2540 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                                    TITLE IX

                     ADDITIONAL WAR-RELATED APPROPRIATIONS

              * * * * * * *

                          GENERAL PROVISIONS, TITLE IX

              * * * * * * *
        Sec. 9010.\3\ (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.
    ---------------------------------------------------------------------------
        \3\ 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 12302 \4\ of title 10, United States
            Code.
    ---------------------------------------------------------------------------
        \4\ Sec. 306 of Public Law 108-324 (118 Stat. 1243) struck out
    ``12304'' and inserted in lieu thereof ``12302''.
    ---------------------------------------------------------------------------
              (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 12302 \4\ 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.
              * * * * * * *
        This Act may be cited as the ``Department of Defense
    Appropriations Act, 2005''.
           g. National Defense Authorization Act for Fiscal Year 2004

     Public Law 108-136 [H.R. 1588], 117 Stat. 1392, approved November 24,
    2003; amended by 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 109-163 [National Defense
      Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136,
                            approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 2004 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2004''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2004 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (18) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $59,000,000.
              (19) For Cooperative Threat Reduction programs,
            $450,800,000.
              (20) Overseas Contingencies Program, $5,000,000.
              * * * * * * *

                      Subtitle B--Environmental Provisions

              * * * * * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 312 amended 10 U.S.C. 402 and 404.
    ---------------------------------------------------------------------------

    SEC. 312. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO
                        ENVIRONMENTAL EMERGENCIES.* * * \1\

              * * * * * * *

    SEC. 324. COMPTROLLER GENERAL REVIEW OF ARCTIC MILITARY ENVIRONMENTAL
                        COOPERATION PROGRAM.

        (a) Requirement for Review.--The Comptroller General shall
    conduct a review of the Arctic Military Environmental
    Cooperation program, including--
              (1) the current and proposed technology development
            and demonstration role of the program in United States
            nonproliferation efforts; and
              (2) the relationship of the program to the
            Cooperative Threat Reduction Program specified in
            section 1501(b) of the National Defense Authorization
            Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
            2731; 50 U.S.C. 2362 note).
        (b) Elements of Review.--The review shall include an
    assessment of the following:
              (1) Whether the conditions in the Western Pacific
            region require an expansion of the Arctic Military
            Environmental Cooperation program to include that
            region.
              (2) The extent to which foreign countries, including
            Russia, make financial contributions to the program.
              (3) The extent to which the Cooperative Threat
            Reduction Program and the G-8 Global Partnership
            Against the Spread of Weapons and Materials of Mass
            Destruction Initiative use the program.
              (4) Whether the program is important to the
            disarmament and nonproliferation functions of the
            Cooperative Threat Reduction Program.
              (5) Future-year funding and program plans of the
            Department of Defense for the program.
        (c) Report on Review.--Not later than May 1, 2004, the
    Comptroller General shall submit to Congress a report
    containing the results of the review.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401. \2\ END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty
    personnel as of September 30, 2004, as follows:
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 482,400.
              (2) The Navy, 373,800.
              (3) The Marine Corps, 175,000.
              (4) The Air Force, 359,300.

    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
                        LEVELS.

        Section 691(b) of title 10, United States Code, is amended
    as follows: * * *
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
                        2003.

        (a) DOD and DOE Authorizations.--Amounts authorized to be
    appropriated to the Department of Defense and the Department of
    Energy for fiscal year 2003 in the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314) are
    hereby adjusted, with respect to any such authorized amount, by
    the amount by which appropriations pursuant to such
    authorization are increased (by a supplemental appropriation)
    or decreased (by a rescission), or both, or are increased by a
    transfer of funds, pursuant to title I of Public Law 108-11.
        (b) Report on Fiscal Year 2003 Transfers.--Not later than
    30 days after the end of each fiscal quarter for which
    unexpended balances of funds appropriated under title I of
    Public Law 108-11 are available for the Department of Defense,
    the Secretary of Defense shall submit to the congressional
    defense committees a report stating, for each transfer of such
    funds during such fiscal quarter of an amount provided for the
    Department of Defense through a so-called ``transfer account'',
    including the Iraqi Freedom Fund or any other similar account--
              (1) the amount of the transfer;
              (2) the appropriation account to which the transfer
            was made; and
              (3) the specific purpose for which the transferred
            funds were used or are to be used.

    SEC. 1004. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
                        2004.

        (a) Department of Defense Authorizations.--Amounts
    authorized to be appropriated to the Department of Defense for
    fiscal year 2004 in this Act are hereby increased, with respect
    to any such amount, by the amount by which the corresponding
    appropriation account of the Department of Defense for fiscal
    year 2004 is increased by a supplemental appropriation, or by a
    transfer of funds, pursuant to title I of the Emergency
    Supplemental Appropriations Act for Defense and for the
    Reconstruction of Iraq and Afghanistan, 2004.
        (b) Designation as Emergency.--Amounts by which
    authorizations of appropriations are increased in accordance
    with subsection (a) are designated as emergency requirements
    pursuant to section 502 of House Concurrent Resolution 95 of
    the 108th Congress.
              * * * * * * *

    SEC. 1006. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES PROVIDED TO
                        DEPARTMENT OF STATE.

        (a) Authority.--Subsection (a) of section 2642 of title 10,
    United States Code, is amended--
              (1) by striking ``(a) Authority'' and all that
            follows through ``the Department of Defense'' the
            second place it appears and inserting the following:
        ``(a) Authority.--The Secretary of Defense may authorize
    the use of the Department of Defense reimbursement rate for
    military airlift services provided by a component of the
    Department of Defense as follows:
              ``(1) For military airlift services provided''; and
              (2) by adding at the end the following new paragraph:
              ``(2) For military airlift services provided to the
            Department of State for the transportation of armored
            motor vehicles to a foreign country to meet
            requirements of the Department of State for armored
            motor vehicles associated with the overseas travel of
            the Secretary of State in that country.''.
        (b) Clerical Amendments.--* * *

    SEC. 1007.\3\ LIMITATION ON PAYMENT OF FACILITIES CHARGES ASSESSED BY
                        DEPARTMENT OF STATE.

        (a) Costs of Goods and Services Provided to Department of
    State.--Funds appropriated for the Department of Defense may be
    transferred to the Department of State as remittance for a fee
    charged to the Department of Defense by the Department of State
    for any year for the maintenance, upgrade, or construction of
    United States diplomatic facilities only to the extent that the
    amount charged (when added to other amounts previously so
    charged for that fiscal year) exceeds the total amount of the
    unreimbursed costs incurred by the Department of Defense during
    that year in providing goods and services to the Department of
    State.
    ---------------------------------------------------------------------------
        \3\ 10 U.S.C. 2241 note.
    ---------------------------------------------------------------------------
        (b) Effective Date.--Subsection (a) shall take effect as of
    October 1, 2003.
              * * * * * * *

                        Subtitle C--Counterdrug Matters

    SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
                        SUPPORT FOR COUNTER-DRUG ACTIVITIES. * * * \4\

    SEC. 1022.\5\ AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW
                        ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM
                        ACTIVITIES.

        (a) Authority.--A joint task force of the Department of
    Defense that provides support to law enforcement agencies
    conducting counter-drug activities may also provide, subject to
    all applicable laws and regulations, support to law enforcement
    agencies conducting counter-terrorism activities.
    ---------------------------------------------------------------------------
        \4\ Sec. 1021 amended sec. 1033 of the National Defense
    Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
    1881).
        \5\ 10 U.S.C. 371 note.
    ---------------------------------------------------------------------------
        (b) \6\ Availability of Funds.--During fiscal years 2006
    and 2007, funds available to a joint task force to support
    counter-drug activities may also be used to provide the
    counter-terrorism support authorized by subsection (a).
    ---------------------------------------------------------------------------
        \6\ Sec. 1022 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3427) redesignated subsec. (b)
    as subsec. (d), and added new subsecs. (b) and (c).
    ---------------------------------------------------------------------------
        (c) \6\ Report Required.--Not later than December 31, 2006,
    the Secretary of Defense shall submit to Congress a report
    evaluating the effect on counter-drug and counter-terrorism
    activities and objectives of using counter-drug funds of a
    joint task force to provide counter-terrorism support
    authorized by subsection (a).
        (d) \6\ Conditions.--Any support provided under subsection
    (a) may only be provided in the geographic area of
    responsibility of the joint task force.

    SEC. 1023. USE OF FUNDS FOR UNIFIED COUNTERDRUG AND COUNTERTERRORISM
                        CAMPAIGN IN COLOMBIA.

        (a) Authority.--(1) In fiscal year 2004, funds available to
    the Department of Defense to provide assistance to the
    Government of Colombia may be used by the Secretary of Defense
    to support a unified campaign by the Government of Colombia
    against narcotics trafficking and 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).
        (2) The authority to provide assistance for a campaign
    under this subsection includes authority to take actions to
    protect human health and welfare in emergency circumstances,
    including the undertaking of rescue operations.
        (b) Applicability of Certain Laws and Limitations.--The use
    of funds pursuant to the authority in subsection (a) shall be
    subject to the following:
              (1) Sections 556, 567, and 568 of the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2002 (Public Law 107-115; 115 Stat.
            2160, 2165, and 2166).
              (2) Section 8077 of the Department of Defense
            Appropriations Act, 2004 (Public Law 108-87; 115 Stat.
            2267).
              (3) The numerical limitations on the number of United
            States military personnel and United States individual
            civilian contractors in section 3204(b)(1) of the
            Emergency Supplemental Act, 2000 (division B of Public
            Law 106-246; 114 Stat. 575), as amended by the Foreign
            Operations, Export Financing, and Related Programs
            Appropriations Act, 2002 (Public Law 107-115; 115 Stat.
            2131).
        (c) Limitation on Participation of United States
    Personnel.--No United States Armed Forces personnel, United
    States civilian employees, or United States civilian contractor
    personnel employed by the United States may participate in any
    combat operation in connection with assistance using funds
    pursuant to the authority in subsection (a), except for the
    purpose of acting in self defense or of rescuing any United
    States citizen, including any United States Armed Forces
    personnel, United States civilian employee, or civilian
    contractor employed by the United States.
        (d) Relation to Other Authority.--The authority provided by
    subsection (a) is in addition to any other authority in law to
    provide assistance to the Government of Colombia.

    SEC. 1024. SENSE OF CONGRESS ON RECONSIDERATION OF DECISION TO
                        TERMINATE BORDER AND SEAPORT INSPECTION DUTIES OF
                        NATIONAL GUARD UNDER NATIONAL GUARD DRUG
                        INTERDICTION AND COUNTER-DRUG MISSION.

        (a) Findings.--Congress makes the following findings:
              (1) The counter-drug inspection mission of the
            National Guard is highly important in preventing the
            entry of illegal narcotics into the United States.
              (2) The expertise of members of the National Guard in
            conducting vehicle inspections at United States borders
            and seaports has contributed to the identification and
            seizure of illegal narcotics being smuggled into the
            United States.
              (3) The support provided by the National Guard to the
            United States Customs Service and the Bureau of Border
            Security of the Department of Homeland Security greatly
            enhances the capability of these agencies to perform
            counter-terrorism surveillance and other border
            protection duties.
        (b) Sense of Congress.--It is the sense of Congress that
    the Secretary of Defense should reconsider the decision of the
    Department of Defense to terminate the border inspection and
    seaport inspection duties of the National Guard as part of the
    drug interdiction and counter-drug mission of the National
    Guard.

                              Subtitle D--Reports

              * * * * * * *

    SEC. 1032.\7\ PLAN FOR PROMPT GLOBAL STRIKE CAPABILITY.

        (a) Integrated Plan for Prompt Global Strike Capability.--
    The Secretary of Defense shall establish an integrated plan for
    developing, deploying, and sustaining a prompt global strike
    capability in the Armed Forces. The Secretary shall update the
    plan annually.
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Annual Reports.--(1) Not later than April 1 of each of
    2004, 2005, and 2006, the Secretary shall submit to the
    congressional defense committees a report on the plan
    established under subsection (a).
        (2) Each report under paragraph (1) shall include the
    following:
              (A) A description and assessment of the targets
            against which long-range strike assets might be
            directed and the conditions under which those assets
            might be used.
              (B) The role of, and plans for ensuring, sustainment
            and modernization of current long-range strike assets,
            including bombers, intercontinental ballistic missiles,
            and submarine-launched ballistic missiles.
              (C) A description of the capabilities desired for
            advanced long-range strike assets and plans to achieve
            those capabilities.
              (D) A description of the capabilities desired for
            advanced conventional munitions and the plans to
            achieve those capabilities.
              (E) An assessment of advanced nuclear concepts that
            could contribute to the prompt global strike mission.
              (F) An assessment of the command, control, and
            communications capabilities necessary to support prompt
            global strike capabilities.
              (G) An assessment of intelligence, surveillance, and
            reconnaissance capabilities necessary to support prompt
            global strike capabilities.
              (H) A description of how prompt global strike
            capabilities are to be integrated with theater strike
            capabilities.
              (I) An estimated schedule for achieving the desired
            prompt global strike capabilities.
              (J) The estimated cost of achieving the desired
            prompt global strike capabilities.
              (K) A description of ongoing and future studies
            necessary for updating the plan appropriately.

    SEC. 1033.\8\ ANNUAL REPORT CONCERNING DISMANTLING OF STRATEGIC NUCLEAR
                        WARHEADS.

        (a) Annual Report.--Concurrent with the submission of the
    President's budget request to Congress each year, the Director
    of Central Intelligence shall submit to the committees
    specified in subsection (e) a report concerning dismantlement
    of Russian strategic nuclear warheads under the Moscow Treaty.
    Each such report shall discuss nuclear weapons dismantled by
    Russia during the prior fiscal year and the Director's
    projections for nuclear weapons to be dismantled by Russia
    during the current fiscal year and the fiscal year covered by
    the budget.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5959 note.
    ---------------------------------------------------------------------------
        (b) Classification.--The annual report under this section
    shall be transmitted in an unclassified form when possible and
    classified form as necessary.
        (c) Termination of Report Requirement.--The requirement to
    submit an annual report under this section terminates when the
    Moscow Treaty is no longer in effect.
        (d) Moscow Treaty Defined.--For purposes of this section,
    the term ``Moscow Treaty'' means the Treaty Between the United
    States of America and the Russian Federation on Strategic
    Offensive Reductions, done at Moscow on May 24, 2002.
        (e) Committees Specified.--The committees to which annual
    reports are to be submitted under this section are the
    following:
              (1) The Committee on Armed Services, the Select
            Committee on Intelligence, and the Committee on Foreign
            Relations of the Senate.
              (2) The Committee on Armed Services, the Permanent
            Select Committee on Intelligence, and the Committee on
            International Relations of the House of
            Representatives.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

                      Subtitle A--Matters Relating to Iraq

    Sec. 1201. Medical assistance to Iraqi children injured during Operation
              Iraqi Freedom.
    Sec. 1202. Report on the conduct of Operation Iraqi Freedom.
    Sec. 1203. Report on Department of Defense security and reconstruction
              activities in Iraq.
    Sec. 1204. Report on acquisition by Iraq of advanced weapons.
    Sec. 1205. Sense of Congress on use of small businesses, minority-owned
              businesses, and women-owned businesses in efforts to rebuild
              Iraq.

               Subtitle B--Matters Relating to Export Protections

    Sec. 1211. Review of export protections for military superiority
              resources.
    Sec. 1212. Report on Department of Defense costs relating to national
              security controls on satellite exports.

             Subtitle C--Administrative Requirements and Authorities

    Sec. 1221. Authority to use funds for payment of costs of attendance of
              foreign visitors under Regional Defense Counterterrorism
              Fellowship Program.
    Sec. 1222. Recognition of superior noncombat achievements or performance
              by members of friendly foreign forces and other foreign
              nationals.
    Sec. 1223. Expansion of authority to waive charges for costs of
              attendance at George C. Marshall European Center for Security
              Studies.
    Sec. 1224. Authority for check cashing and currency exchange services to
              be provided to foreign military members participating in
              certain activities with United States forces.
    Sec. 1225. Depot maintenance and repair work on certain types of trainer
              aircraft to be transferred to foreign countries as excess
              aircraft.

           Subtitle D--Other Reports and Sense of Congress Statements

    Sec. 1231. Annual report on the NATO Prague Capabilities Commitment and
              the NATO Response Force.
    Sec. 1232. Report on actions that could be taken regarding countries
              that initiate certain legal actions against United States
              officials or members of the Armed Forces.
    Sec. 1233. Sense of Congress on redeployment of United States forces in
              Europe.
    Sec. 1234. Sense of Congress concerning Navy port calls in Israel.

                      Subtitle A--Matters Relating to Iraq

    SEC. 1201. MEDICAL ASSISTANCE TO IRAQI CHILDREN INJURED DURING
                        OPERATION IRAQI FREEDOM.

        (a) Assistance.--Subject to subsections (c) and (d), the
    Secretary of Defense shall, to the maximum extent practicable,
    provide all necessary health care and related support to
    provide needed medical assistance to Iraqi children who, as
    determined by the Secretary of Defense, were injured during and
    as a result of Operation Iraqi Freedom. Such assistance shall
    be provided in an expeditious manner.
        (b) Related Support.--Related support under subsection (a)
    includes transportation on aeromedical evacuation aircraft of
    the Department of Defense on a space-available basis.
        (c) Limitations Relating to Medical Care.--Assistance may
    be provided to a child under subsection (a)--
              (1) only if adequate treatment from other sources in
            Iraq or neighboring countries is not available; and
              (2) only after completion of an evaluation by a
            physician or other appropriate medical personnel of the
            United States Armed Forces.
        (d) Limitation Relating to United States Military
    Operations.--Assistance may be provided to a child under
    subsection (a) only if the provision of such assistance would
    not adversely affect military operations of the United States.

    SEC. 1202. REPORT ON THE CONDUCT OF OPERATION IRAQI FREEDOM.

        (a) Report Required.--(1) Not later than March 31, 2004,
    the Secretary of Defense shall submit to the congressional
    defense committees and the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate a report on the
    preparation for and conduct of military operations under
    Operation Iraqi Freedom from March 19, 2003, to May 1, 2003.
        (2) The report shall be prepared in consultation with the
    Chairman of the Joint Chiefs of Staff, the commander of the
    United States Central Command, and such other officers and
    officials as the Secretary considers appropriate.
        (b) Content.--The report shall include a discussion, with a
    particular emphasis on accomplishments and shortcomings and on
    near-term and long-term corrective actions to address those
    shortcomings, of the following:
              (1) The military objectives of the international
            coalition conducting Operation Iraqi Freedom, the
            military strategy selected to achieve the objectives,
            and an assessment of the execution of the military
            strategy.
              (2) The deployment process, including the
            adaptability of the process to unforeseen contingencies
            and changing requirements.
              (3) The effectiveness of the reserve component forces
            used in Operation Iraqi Freedom, including the reserve
            component mobilization process, the timeliness of
            mobilization notification, training, operational
            effectiveness in theater, and subsequent
            demobilization.
              (4) The use and performance of major items of United
            States military equipment, weapon systems, and
            munitions (including items classified under special
            access procedures and items drawn from prepositioned
            stocks) and any expected effects of the experience with
            the use and performance of those items on the doctrinal
            and tactical employment of such items and on plans for
            continuing the acquisition of such items.
              (5) The effectiveness of joint air operations,
            including the doctrine for the employment of close air
            support in the varied environments of Operation Iraqi
            Freedom, and the effectiveness of attack helicopter
            operations.
              (6) The use of special operations forces, including
            operational and intelligence uses classified under
            special access procedures.
              (7) The scope of logistics support, including support
            from other nations.
              (8) The incidence of accidental fratricide, together
            with a discussion of the effectiveness of the tracking
            of friendly forces and of the combat identification
            systems in mitigating friendly fire incidents.
              (9) The adequacy of spectrum and bandwidth to
            transmit all necessary information to operational
            forces and assets, including unmanned aerial vehicles,
            ground vehicles, and individual soldiers.
              (10) The effectiveness of information operations,
            including the effectiveness of Commando Solo and other
            psychological operations assets, in achieving
            established objectives, together with a description of
            technological and other restrictions on the use of
            psychological operations capabilities.
              (11) The adequacy of United States and coalition
            intelligence and counterintelligence systems and
            personnel, including contributions regarding bomb
            damage assessments and particularly including United
            States tactical intelligence and related activities
            (TIARA) programs and the Joint Military Intelligence
            Program (JMIP), as well as the adequacy of such support
            to facilitate searches for weapons of mass destruction.
              (12) The rapid insertion and integration, if any, of
            developmental but mission-essential equipment during
            all phases of the operation.
              (13) The most critical lessons learned that could
            lead to long-term doctrinal, organizational, and
            technological changes (including new equipment, weapons
            systems, and munitions) and the probable effects that
            an implementation of those changes would have on
            current visions, goals, and plans for transformation of
            the Armed Forces and for joint and combined operations.
              (14) The role of the law of armed conflict in the
            planning and execution of military operations by United
            States forces and the other coalition forces and the
            effects on operations of Iraqi compliance or
            noncompliance with the law of armed conflict.
              (15) The policies and procedures relating to the
            media, including the use of embedded media.
              (16) The results of a study, carried out by the
            Secretary of Defense, regarding the availability of
            family support services provided for the dependents of
            members of the National Guard and other reserve
            components of the Armed Forces who are called or
            ordered to active duty.
              (17) The direct and indirect cost of military
            operations, including an assessment of the total
            incremental expenditures made by the Department of
            Defense as a result of Operation Iraqi Freedom.
        (c) Forms of Report.--The report shall be submitted in
    unclassified form with a classified annex, if necessary.

    SEC. 1203. REPORT ON DEPARTMENT OF DEFENSE SECURITY AND RECONSTRUCTION
                        ACTIVITIES IN IRAQ.

        (a) Report Required.--Not later than 90 days after the date
    of the enactment of this Act, the Secretary of Defense shall
    submit to Congress a report on the security and reconstruction
    activities of the Department of Defense in Iraq.
        (b) Report Elements.--The report shall discuss the range of
    infrastructure reconstruction, civil administration,
    humanitarian assistance, interim governance, and political
    development activities undertaken in Iraq by officials of the
    Department and by those civilians reporting to the Secretary of
    Defense and the missions undertaken in Iraq by United States
    military forces. In particular, the report shall include a
    discussion of the following:
              (1) The evolution of the organizational structure of
            the civilian groups reporting to the Secretary,
            including the Office of Reconstruction and Humanitarian
            Assistance and the Office of the Coalition Provisional
            Authority, on issues of Iraqi administration and
            reconstruction and the factors influencing that
            evolution.
              (2) The relationship of the Department of Defense
            with other United States departments and agencies
            involved in administration and reconstruction planning
            and execution in Iraq.
              (3) The relationship of Department of Defense
            entities, including the Office of Reconstruction and
            Humanitarian Assistance and the Office of the Coalition
            Provisional Authority, with intergovernmental and
            nongovernmental organizations contributing to the
            reconstruction and governance efforts.
              (4) Progress made to the date of the report in--
                      (A) rebuilding Iraqi infrastructure;
                      (B) providing for the humanitarian needs of
                    the Iraqi people;
                      (C) reconstituting the Iraqi governmental
                    bureaucracy and its provision of services;
                      (D) developing mechanisms of fully
                    transitioning Iraq to representative self-
                    government; and
                      (E) recruiting, training, and fielding Iraqi
                    police and military forces.
              (5) Progress made to the date of the report by
            Department of Defense civilians and military personnel
            in accounting for any Iraqi weapons of mass destruction
            and associated weapons capabilities.
              (6) Progress made to the date of the report by United
            States military personnel in providing security in Iraq
            and in transferring security functions to a
            reconstituted Iraqi police force and military.
              (7) The Secretary's assessment of the scope of the
            ongoing needed commitment of United States military
            forces and of the remaining tasks to be completed by
            Department of Defense civilian personnel in the
            governance and reconstruction areas, including an
            estimate of the total expenditures the Department of
            Defense expects to make for security and reconstruction
            activities in Iraq.
              (8) The Secretary's assessment of the effect that the
            United States military presence in Iraq will have on
            replacement and unit rotation policies, including the
            overall effect on global United States military
            deployments.

    SEC. 1204.\9\ REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.

        (a) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and International
    Relations of the House of Representatives a report on the
    acquisition by Iraq of weapons of mass destruction and
    associated delivery systems and the acquisition by Iraq of
    advanced conventional weapons.
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--The report shall include the
    following:
              (1) A description of any materials, technology, and
            know-how that Iraq was able to obtain for its nuclear,
            chemical, biological, ballistic missile, and unmanned
            aerial vehicle programs, and advanced conventional
            weapons programs, from 1979 through April 2003 from
            entities (including Iraqi citizens) outside of Iraq, as
            well as a description of how Iraq obtained these
            capabilities from those entities.
              (2) An assessment of the degree to which United
            States, foreign, and multilateral export control
            regimes prevented acquisition by Iraq of weapons of
            mass destruction-related technology and materials and
            advanced conventional weapons and delivery systems
            since the commencement of international inspections in
            Iraq.
              (3) An assessment of the effectiveness of United
            Nations sanctions at halting the flow of militarily-
            useful contraband to Iraq from 1991 until the end of
            Operation Iraqi Freedom.
              (4) An assessment of how Iraq was able to evade
            International Atomic Energy Agency and United Nations
            inspections regarding chemical, nuclear, biological,
            and missile weapons and related capabilities.
              (5) Identification and a catalog of the entities and
            countries that transferred militarily useful contraband
            and items described pursuant to paragraph (1) to Iraq
            between 1991 and the end of major combat operations of
            Operation Iraqi Freedom on May 1, 2003, and the nature
            of that contraband and of those items.
        (c) Form of Report.--The report shall be submitted in
    unclassified form with a classified annex, if necessary.

    SEC. 1205. SENSE OF CONGRESS ON USE OF SMALL BUSINESSES, MINORITY-OWNED
                        BUSINESSES, AND WOMEN-OWNED BUSINESSES IN EFFORTS
                        TO REBUILD IRAQ.

        It is the sense of Congress that the Secretary of Defense
    should ensure that outreach procedures are in place to provide
    information to small businesses, minority-owned businesses, and
    women-owned businesses regarding Department of Defense
    requirements and contract opportunities for the rebuilding of
    Iraq.

               Subtitle B--Matters Relating to Export Protections

    SEC. 1211.\10\ REVIEW OF EXPORT PROTECTIONS FOR MILITARY SUPERIORITY
                        RESOURCES.

        (a) Review Required.--The Secretary of Defense shall carry
    out a review--
    ---------------------------------------------------------------------------
        \10\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
              (1) to identify goods or technology (as defined in
            section 16 of the Export Administration Act of 1979 (50
            U.S.C. App. 2415)) that, if obtained by a potential
            adversary, could significantly undermine the military
            superiority or qualitative military advantage of the
            United States over potential adversaries or otherwise
            contribute to the acquisition of weapons of mass
            destruction and their delivery systems; and
              (2) to determine whether any of the items or
            technologies identified under paragraph (1) are not
            currently controlled for export purposes on either the
            Commerce Control List or the United States Munitions
            List.
        (b) Annual Reports.--(1) Not later than March 1, 2004, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives an unclassified report, with a
    classified annex as necessary, on the results of the review
    under subsection (a).
        (2) For each of the next two years after the submission of
    the report under paragraph (1), the Secretary shall submit to
    those committees an update on that report. Such updates shall
    be submitted not later than March 1, 2005, and not later than
    March 1, 2006.

    SEC. 1212. REPORT ON DEPARTMENT OF DEFENSE COSTS RELATING TO NATIONAL
                        SECURITY CONTROLS ON SATELLITE EXPORTS.

        (a) Study.--The Inspector General of the Department of
    Defense shall conduct a study of the costs incurred by the
    Department of Defense for each fiscal year from fiscal year
    1999 through fiscal year 2003 relating to national security
    controls on satellite exports. As part of such study, the
    Inspector General shall identify for each such fiscal year the
    amounts expended by the Department of Defense (1) for the
    monitoring of launches of satellites and related items in a
    foreign country pursuant to section 1514 of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999 (Public
    Law 105-261; 22 U.S.C. 2778 note), and (2) in connection with
    applications for licenses for the export of satellites and
    related items (as that term is defined in section 1516 of that
    Act).
        (b) Report.--Not later than April 1, 2004, the Inspector
    General shall submit to the Committees on Armed Services of the
    Senate and the House of Representatives a report on the study
    under subsection (a). The report shall include the following:
              (1) An identification and assessment of the costs
            referred to in subsection (a), shown in the aggregate
            and separately, by fiscal year and by clauses (1) and
            (2) of that subsection.
              (2) A review of the costs referred to in clause (1)
            of subsection (a) for which the Department of Defense
            has been reimbursed by the person or entity receiving
            the satellite launch monitoring services involved,
            including the extent to which indirect costs were
            included in such reimbursement.

            Subtitle C--Administrative Requirements and Authorities

    SEC. 1221. AUTHORITY TO USE FUNDS FOR PAYMENT OF COSTS OF ATTENDANCE OF
                        FOREIGN VISITORS UNDER REGIONAL DEFENSE
                        COUNTERTERRORISM FELLOWSHIP PROGRAM.

        (a) Authority To Use Funds.--(1) Subchapter I of chapter
    134 of title 10, United States Code, is amended by adding at
    the end the following new section: * * *
        (2) The table of sections at the beginning of such
    subchapter is amended by adding at the end the following new
    item: * * *
        (b) \11\ Notification of Congress.--Not later than December
    1, 2003, the Secretary of Defense shall--
    ---------------------------------------------------------------------------
        \11\ 10 U.S.C. 2249c note.
    ---------------------------------------------------------------------------
              (1) prescribe the final regulations for carrying out
            section 2249c of title 10, United States Code, as added
            by subsection (a); and
              (2) notify the congressional defense committees of
            the prescription of such regulations.

    SEC. 1222. RECOGNITION OF SUPERIOR NONCOMBAT ACHIEVEMENTS OR
                        PERFORMANCE BY MEMBERS OF FRIENDLY FOREIGN FORCES
                        AND OTHER FOREIGN NATIONALS.

        (a) Authority.--Chapter 53 of title 10, United States Code,
    is amended by inserting after section 1051a the following new
    section: * * *
        (b) Clerical Amendment.--* * *

    SEC. 1223. EXPANSION OF AUTHORITY TO WAIVE CHARGES FOR COSTS OF
                        ATTENDANCE AT GEORGE C. MARSHALL EUROPEAN CENTER
                        FOR SECURITY STUDIES.

        Section 1306(b)(1) of the National Defense Authorization
    Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892)
    is amended * * *
              * * * * * * *

           Subtitle D--Other Reports and Sense of Congress Statements

    SEC. 1231.\12\ ANNUAL REPORT ON THE NATO PRAGUE CAPABILITIES COMMITMENT
                        AND THE NATO RESPONSE FORCE.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) At the meeting of the North Atlantic Council held
            in Prague in November 2002, the heads of states and
            governments of the North Atlantic Treaty Organization
            (NATO) launched a Prague Capabilities Commitment and
            decided to create a NATO Response Force.
              (2) The Prague Capabilities Commitment is part of the
            continuing NATO effort to improve and develop new
            military capabilities for modern warfare in a high-
            threat environment. As part of this commitment,
            individual NATO allies have made firm and specific
            political commitments to improve their capabilities in
            the areas of--
                      (A) chemical, biological, radiological, and
                    nuclear defense;
                      (B) intelligence, surveillance, and target
                    acquisition;
                      (C) air-to-ground surveillance;
                      (D) command, control, and communications;
                      (E) combat effectiveness, including precision
                    guided munitions and suppression of enemy air
                    defenses;
                      (F) strategic air and sea lift;
                      (G) air-to-air refueling; and
                      (H) deployable combat support and combat
                    service support units.
              (3) The NATO Response Force is envisioned to be a
            technologically advanced, flexible, deployable,
            interoperable, and sustainable force that includes
            land, sea, and air elements ready to move quickly to
            wherever needed, as determined by the North Atlantic
            Council. The NATO Response Force is also intended to be
            a catalyst for focusing and promoting improvements in
            NATO's military capabilities. It is expected to have
            initial operational capability by October 2004, and
            full operational capability by October 2006.
        (b) Annual Report.--(1) Not later than January 31 of each
    year through 2008, the Secretary of Defense shall submit to the
    congressional committees specified in paragraph (5) a report,
    to be prepared in consultation with the Secretary of State, on
    implementation of the Prague Capabilities Commitment and
    development of the NATO Response Force by the member nations of
    the North Atlantic Treaty Organization (NATO).
        (2) The annual report under this subsection shall include
    the following matters:
              (A) A description of the actions taken by NATO as a
            whole and by each member nation of NATO other than the
            United States to further the Prague Capabilities
            Commitment, including any actions taken to improve
            capability shortfalls in the areas identified for
            improvement.
              (B) A description of the actions taken by NATO as a
            whole and by each member nation of NATO, including the
            United States, to create the NATO Response Force.
              (C) A discussion of the relationship between NATO's
            efforts to improve capabilities through the Prague
            Capabilities Commitment and those of the European Union
            to enhance European capabilities through the European
            Capabilities Action Plan, including the extent to which
            they are mutually reinforcing.
              (D) A discussion of NATO decisionmaking on the
            implementation of the Prague Capabilities Commitment
            and the development of the NATO Response Force,
            including--
                      (i) an assessment of whether the Prague
                    Capabilities Commitment and the NATO Response
                    Force are the sole jurisdiction of the Defense
                    Planning Committee, the North Atlantic Council,
                    or the Military Committee;
                      (ii) a description of the circumstances which
                    led to the defense, military, security, and
                    nuclear decisions of NATO on matters such as
                    the Prague Capabilities Commitment and the NATO
                    Response Force being made in bodies other than
                    the Defense Planning Committee;
                      (iii) a description of the extent to which
                    any member that does not participate in the
                    integrated military structure of NATO
                    contributes to each of the component committees
                    of NATO, including any and all committees
                    relevant to the Prague Capabilities Commitment
                    and the NATO Response Force;
                      (iv) a description of the extent to which any
                    member that does not participate in the
                    integrated military structure of NATO
                    participates in deliberations and decisions of
                    NATO on resource policy, contribution ceilings,
                    infrastructure, force structure, modernization,
                    threat assessments, training, exercises,
                    deployments, and other issues related to the
                    Prague Capabilities Commitment or the NATO
                    Response Force;
                      (v) a description and assessment of the
                    impediments, if any, that would preclude or
                    limit NATO from conducting deliberations and
                    making decisions on matters such as the Prague
                    Capabilities Commitment or the NATO Response
                    Force solely in the Defense Planning Committee;
                    and
                      (vi) the recommendations of the Secretary of
                    Defense on streamlining defense, military, and
                    security decisionmaking within NATO relating to
                    the Prague Capabilities Commitment, the NATO
                    Response Force, and other matters, including an
                    assessment of the feasibility and advisability
                    of the greater utilization of the Defense
                    Planning Committee for such purposes.
        (3) In the case of a report under this subsection after the
    first such report, the information submitted in such report
    under any of clauses (i) through (vi) of subparagraph (D) of
    paragraph (2) may consist solely of an update of any
    information previously submitted under that clause in a
    preceding report under this subsection.
        (4) Each report under this subsection shall be submitted in
    unclassified form, but may also be submitted in classified form
    if necessary.
        (5) The committees specified in this paragraph are--
              (A) the Committee on Armed Services and the Committee
            on Foreign Relations of the Senate; and
              (B) the Committee on Armed Services and the Committee
            on International Relations of the House of
            Representatives.

    SEC. 1232. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING COUNTRIES
                        THAT INITIATE CERTAIN LEGAL ACTIONS AGAINST UNITED
                        STATES OFFICIALS OR MEMBERS OF THE ARMED FORCES.

        (a) Finding.--Congress finds that actions for or on behalf
    of a foreign government that constitute attempts to commence
    legal proceedings against, or attempts to compel the appearance
    of or production of documents from, any current or former
    official or employee of the United States or member of the
    Armed Forces of the United States relating to the performance
    of official duties, other than pursuant to a status of forces
    agreement or other international agreement to which the United
    States is a party, may have a negative effect on the ability of
    the United States to take necessary and timely military action.
        (b) Report.--Not later than 60 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    Congress a report on appropriate steps that could be taken by
    the Department of Defense (such as restrictions on military
    travel, limitations on military support and exchange programs,
    and consideration of relocating, or limiting funding for,
    United States or allied military commands, headquarters, or
    organizations) to respond to an action by a foreign government
    described in subsection (a).

    SEC. 1233. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED STATES FORCES IN
                        EUROPE.

        (a) Findings.--Congress makes the following findings:
              (1) In March 1999, in its initial round of expansion,
            the North Atlantic Treaty Organization (NATO) admitted
            Poland, the Czech Republic, and Hungary to the
            Alliance.
              (2) At the Prague Summit on November 21-22, 2002, the
            NATO heads of state and government invited the
            countries of Bulgaria, Estonia, Latvia, Lithuania,
            Romania, Slovakia, and Slovenia to join the Alliance.
              (3) The countries admitted in the initial round of
            expansion referred to in paragraph (1) and the seven
            new invitee nations referred to in paragraph (2) will
            in combination significantly alter the nature of the
            Alliance.
              (4) During the first 50 years of the Alliance, NATO
            materially contributed to the security and stability of
            Western Europe, bringing peace and prosperity to the
            member nations.
              (5) The expansion of NATO is an opportunity to assist
            the invitee nations in gaining the capabilities to
            ensure peace, prosperity, and democracy for themselves
            during the next 50 years of the Alliance.
              (6) The military structure and mission of NATO has
            changed, no longer being focused on the threat of a
            Soviet invasion, but evolving to handle new threats and
            new missions in the area of crisis management,
            peacekeeping, and peace-support in and beyond the Euro-
            Atlantic area of operations.
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that--
              (1) the expansion of the North Atlantic Treaty
            Organization Alliance and the evolution of the military
            mission of that Alliance requires a fundamental
            reevaluation of the current posture of United States
            forces stationed in Europe; and
              (2) the Secretary of Defense, in consultation with
            the Secretary of State, should--
                      (A) initiate a reevaluation referred to in
                    paragraph (1); and
                      (B) in carrying out such a reevaluation,
                    consider a military posture that takes maximum
                    advantage of basing and training opportunities
                    in the newly admitted and invitee states
                    referred to in paragraphs (1) and (2),
                    respectively, of subsection (a).

    SEC. 1234. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN ISRAEL.

        It is the sense of Congress that--
              (1) the United States has invested significant
            amounts of funds in expanding the capacity and security
            of the port of Haifa, Israel, and the United States
            Navy should be able to implement the necessary force
            protection measures that would enable it to take
            advantage of the repair, replenishment, and
            communications links available at that port;
              (2) the Secretary of Defense and the Secretary of the
            Navy should conclude discussions with the Government of
            Israel and the Israel Defense Forces to establish
            appropriate and effective arrangements to ensure the
            safety of United States Navy vessels and personnel
            during port visits to Haifa, Israel; and
              (3) upon such arrangements being made, the United
            States Navy should consider resumption of regular port
            visits to Haifa, Israel.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \13\

              * * * * * * *
    ---------------------------------------------------------------------------
        \13\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

              * * * * * * *

    SEC. 3123.\14\ STUDY AND REPORT RELATING TO WEAPONS-GRADE URANIUM AND
                        PLUTONIUM OF THE INDEPENDENT STATES OF THE FORMER
                        SOVIET UNION.

        (a) Study Required.--The Secretary of Energy shall carry
    out a study on the feasibility, costs, and benefits of--
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
              (1) purchasing, from the independent states of the
            former Soviet Union, weapons-grade uranium and
            plutonium excess to the defense needs of those states;
            and
              (2) safeguarding the uranium and plutonium so
            purchased until rendered unusable for nuclear weapons.
        (b) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary shall submit to Congress a
    report on the results of the study required by subsection (a).

    SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION
                        AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER
                        SOVIET UNION.

        (a) Authority.--Subject to the provisions of this section,
    the President may obligate and expend international nuclear
    materials protection and cooperation program funds for a fiscal
    year, and any such funds for a fiscal year before such fiscal
    year that remain available for obligation, for a defense
    nuclear nonproliferation project or activity outside the states
    of the former Soviet Union that has not previously been
    authorized by Congress \15\ if the President determines each of
    the following:
    ---------------------------------------------------------------------------
        \15\ Sec. 3131(a) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2165) inserted ``that has not previously been authorized by Congress''
    after ``states of the former Soviet Union''.
    ---------------------------------------------------------------------------
              (1) That such project or activity will--
                      (A)(i) assist the United States in the
                    resolution of a critical emerging proliferation
                    threat; or
                      (ii) permit the United States to take
                    advantage of opportunities to achieve long-
                    standing nonproliferation goals; and
                      (B) be completed in a short period of time.
              (2) That the Department of Energy is the entity of
            the Federal Government that is most capable of carrying
            out such project or activity.
        (b) Scope of Authority.--The authority in subsection (a) to
    obligate and expend funds for a project or activity includes
    authority to provide equipment, goods, and services for such
    project or activity utilizing such funds, but does not include
    authority to provide cash directly to such project or activity.
        (c) \16\ Limitation on Availability of Funds.--(1) The
    President may not obligate funds for a project or activity
    under the authority in subsection (a) until the President makes
    each determination specified in that subsection with respect to
    such project or activity.
    ---------------------------------------------------------------------------
        \16\ Sec. 3131(b) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2165) struck out subsec. (c), and redesignated subsecs. (d), (e), and
    (f) as subsecs. (c), (d), and (e), respectively. Subsec. (c) had read
    as follows:
        ``(c) Limitation on Total Amount of Obligation.--The amount that
    may be obligated in a fiscal year under the authority in subsection (a)
    may not exceed $50,000,000.''.
    ---------------------------------------------------------------------------
        (2) Not later than 10 days after obligating funds under the
    authority in subsection (a) for a project or activity, the
    President shall notify Congress in writing of the
    determinations made under paragraph (1) with respect to such
    project or activity, together with--
              (A) a justification for such determinations; and
              (B) a description of the scope and duration of such
            project or activity.
        (d) \16\ Additional Limitations and Requirements.--Except
    as otherwise provided in subsections (a) and (b), the exercise
    of the authority in subsection (a) shall be subject to any
    requirement or limitation under another provision of law as
    follows:
              (1) Any requirement for prior notice or other reports
            to Congress on the use of international nuclear
            materials protection and cooperation program funds or
            on international nuclear materials protection and
            cooperation program projects or activities.
              (2) Any limitation on the obligation or expenditure
            of international nuclear materials protection and
            cooperation program funds.
              (3) Any limitation on international nuclear materials
            protection and cooperation program projects or
            activities.
        (e) \16\ Funds.--As used in this section, the term
    ``international nuclear materials protection and cooperation
    program funds'' means the funds appropriated pursuant to an
    authorization of appropriations for the International Nuclear
    Materials Protection and Cooperation Program.\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 3131(c) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2166) struck out ``the funds appropriated pursuant to the authorization
    of appropriations in section 3101(a)(2) for such program'' and inserted
    in lieu thereof ``the funds appropriated pursuant to an authorization
    of appropriations for the International Nuclear Materials Protection
    and Cooperation Program''.
    ---------------------------------------------------------------------------

    SEC. 3125.\18\ REQUIREMENT FOR ON-SITE MANAGERS.

        (a) On-Site Manager Requirement.--Before obligating any
    defense nuclear nonproliferation funds for a project described
    in subsection (b), the Secretary of Energy shall appoint one
    on-site manager for that project. The manager shall be
    appointed from among employees of the Federal Government.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 5961a.
    ---------------------------------------------------------------------------
        (b) Projects Covered.--Subsection (a) applies to a
    project--
              (1) to be located in a state of the former Soviet
            Union;
              (2) which involves dismantlement, destruction, or
            storage facilities, or construction of a facility; and
              (3) with respect to which the total contribution by
            the Department of Energy is expected to exceed
            $50,000,000.
        (c) Duties of On-Site Manager.--The on-site manager
    appointed under subsection (a) shall--
              (1) develop, in cooperation with representatives from
            governments of countries participating in the project,
            a list of those steps or activities critical to
            achieving the project's disarmament or nonproliferation
            goals;
              (2) establish a schedule for completing those steps
            or activities;
              (3) meet with all participants to seek assurances
            that those steps or activities are being completed on
            schedule; and
              (4) suspend United States participation in a project
            when a non-United States participant fails to complete
            a scheduled step or activity on time, unless directed
            by the Secretary of Energy to resume United States
            participation.
        (d) Authority to Manage More Than One Project.--(1) Subject
    to paragraph (2), an employee of the Federal Government may
    serve as on-site manager for more than one project, including
    projects at different locations.
        (2) If such an employee serves as on-site manager for more
    than one project in a fiscal year, the total cost of the
    projects for that fiscal year may not exceed $150,000,000.
        (e) Steps or Activities.--Steps or activities referred to
    in subsection (c)(1) are those activities that, if not
    completed, will prevent a project from achieving its
    disarmament or nonproliferation goals, including, at a minimum,
    the following:
              (1) Identification and acquisition of permits (as
            defined in subsection (g)).
              (2) Verification that the items, substances, or
            capabilities to be dismantled, secured, or otherwise
            modified are available for dismantlement, securing, or
            modification.
              (3) Timely provision of financial, personnel,
            management, transportation, and other resources.
        (f) Notification to Congress.--In any case in which the
    Secretary of Energy directs an on-site manager to resume United
    States participation in a project under subsection (c)(4), the
    Secretary shall concurrently notify Congress of such direction.
        (g) Permit Defined.--In this section, the term ``permit''
    means any local or national permit for development, general
    construction, environmental, land use, or other purposes that
    is required in the state of the former Soviet Union in which
    the project is being or is proposed to be carried out.
        (h) Effective Date.--This section shall take effect six
    months after the date of the enactment of this Act.
              * * * * * * *

                    TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

              * * * * * * *

    SEC. 3601.\19\ SHORT TITLE.

        This title may be cited as the ``Nuclear Security
    Initiative Act of 2003''.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------
              * * * * * * *

           Subtitle B--Relations Between the United States and Russia

    SEC. 3621.\20\ COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL NUCLEAR
                        WEAPONS.

        (a) Sense of Congress.--It is the sense of Congress that
    the United States should, to the extent the President considers
    prudent, seek to work with the Russian Federation to develop a
    comprehensive inventory of Russian tactical nuclear weapons.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 5959 note.
    ---------------------------------------------------------------------------
        (b) Report.--Not later than 12 months after the date of the
    enactment of this Act, the President shall submit to Congress a
    report, in both classified and unclassified form as necessary,
    describing the progress that has been made toward creating such
    an inventory.

    SEC. 3622.\21\  ESTABLISHMENT OF INTERPARLIAMENTARY THREAT REDUCTION
                        WORKING GROUP.

        (a) Establishment of Working Group.--There is hereby
    established a working group to be known as the ``Threat
    Reduction Working Group'' as an interparliamentary group of the
    Congress of the United States and the legislature of the
    Russian Federation.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------
        (b) Purpose of Working Group.--The purpose of the working
    group established by subsection (a) shall be to explore means
    to enhance cooperation between the United States and the
    Russian Federation with respect to nuclear nonproliferation and
    security and such other issues related to reducing the dangers
    of weapons of mass destruction as the members of the working
    group consider appropriate.
        (c) Membership.--(1) The majority leader of the Senate,
    after consultation with the minority leader of the Senate,
    shall appoint not more than 10 Senators to the working group
    established by subsection (a).
        (2) The Speaker of the House of Representatives, after
    consultation with the minority leader of the House of
    Representatives, shall appoint not more than 30 Members of the
    House to the working group.

    SEC. 3623.\22\ SENSE OF CONGRESS ON COOPERATION BY UNITED STATES AND
                        NATO WITH RUSSIA ON BALLISTIC MISSILE DEFENSES.

        (a) Sense of Congress.--It is the sense of Congress that
    the President should, in conjunction with the North Atlantic
    Treaty Organization, encourage appropriate cooperative
    relationships between the Russian Federation and the United
    States and North Atlantic Treaty Organization with respect to
    the development and deployment of ballistic missile defenses.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
        (b) Report to Congress.--Not later than one year after the
    date of the enactment of this Act, the Secretary of Defense
    shall transmit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report (in unclassified or classified form as
    necessary) on the feasibility of increasing cooperation between
    the Russian Federation and the United States and the North
    Atlantic Treaty Organization on the subject of ballistic
    missile defense. The report shall include--
              (1) the recommendations of the Secretary;
              (2) a description of the threat such cooperation is
            intended to address; and
              (3) an assessment of possible benefits to ballistic
            missile defense programs of the United States.

    SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO ACHIEVE MORE
                        RELIABLE RUSSIAN EARLY WARNING SYSTEMS.

        It is the sense of Congress that the President, to the
    extent consistent with the national security interests of the
    United States, should--
              (1) encourage joint efforts by the United States and
            the Russian Federation to reduce the probability of
            accidental nuclear attack as a result of misinformation
            or miscalculation by developing the capabilities and
            increasing the reliability of Russian ballistic missile
            early-warning systems;
              (2) encourage the development of joint programs by
            the United States and the Russian Federation to ensure
            that the Russian Federation has reliable information
            regarding launches of ballistic missiles anywhere in
            the world; and
              (3) pending the execution of a new agreement between
            the United States and the Russian Federation providing
            for the conduct of the Russian-American Observation
            Satellite (RAMOS) program, ensure that funds
            appropriated for that program for fiscal year 2004 are
            obligated and expended in a manner that provides for
            the satisfactory continuation of that program.

                           Subtitle C--Other Matters

    SEC. 3631.\23\ PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
                        SECURITY AND SAFETY BETWEEN THE INTERNATIONAL
                        ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR
                        ECONOMIC COOPERATION AND DEVELOPMENT.

        (a) Sense of Congress Regarding Initiation of Dialogue
    Between the IAEA and the OECD.--It is the sense of Congress
    that--
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6321 note.
    ---------------------------------------------------------------------------
              (1) the United States should seek to initiate
            discussions between the International Atomic Energy
            Agency and the Organization for Economic Cooperation
            and Development for the purpose of exploring issues of
            nuclear and radiological security and safety, including
            the creation of new sources of revenue (including debt
            reduction) for states to provide nuclear security; and
              (2) the discussions referred to in paragraph (1)
            should also provide a forum to explore possible sources
            of funds in support of the G-8 Global Partnership
            Against the Spread of Weapons and Materials of Mass
            Destruction.
        (b) Contingent Report.--(1) Except as provided in paragraph
    (2), the President shall, not later than 12 months after the
    date of the enactment of this Act, submit to Congress a report
    on--
              (A) the efforts made by the United States to initiate
            the discussions described in subsection (a);
              (B) the results of those efforts; and
              (C) any plans for further discussions and the
            purposes of such discussions.
        (2) Paragraph (1) shall not apply if no efforts referred to
    in paragraph (1)(A) have been made.
      h. Bob Stump National Defense Authorization Act for Fiscal Year 2003

        Partial text of Public Law 107-314 [H.R. 4546], 116 Stat. 2458,
      approved December 2, 2002; amended by 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

     AN ACT To authorize appropriations for fiscal year 2003 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Bob Stump
    National Defense Authorization Act for Fiscal Year 2003''.
        (b) Findings.--* * *

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2003 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $58,400,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $859,907,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $416,700,000.
        * * *
              (25) For overseas contingency operations transfer
            fund, $17,844,000.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty
    personnel as of September 30, 2003, as follows:
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 480,000.
              (2) The Navy, 375,700.
              (3) The Marine Corps, 175,000.
              (4) The Air Force, 359,000.

    SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

        (a) Revised End Strength Floors.--Subsection (b) of section
    691 of title 10, United States Code, is amended--* * *
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2003.

        (a) Fiscal Year 2003 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2003 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 2002, of funds appropriated for fiscal
            years before fiscal year 2003 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $750,000 for the Civil Budget.
              (2) Of the amount provided in section 301(1),
            $205,623,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.
              * * * * * * *

                              Subtitle D--Reports

              * * * * * * *

    SEC. 1043.\2\ ANNUAL REPORT ON THE CONDUCT OF MILITARY OPERATIONS
                        CONDUCTED AS PART OF OPERATION ENDURING FREEDOM.

        (a) Reports Required.--(1) The Secretary of Defense shall
    submit to the congressional committees specified in subsection
    (d) an annual report on the conduct of military operations
    conducted as part of Operation Enduring Freedom. The first
    report, which shall include a definition of the military
    operations carried out as part of Operation Enduring Freedom,
    shall be submitted not later than June 15, 2003. Subsequent
    reports shall be submitted not later than June 15 each year,
    and the final report shall be submitted not later than 180 days
    after the date (as determined by the Secretary of Defense) of
    the cessation of hostilities undertaken as part of Operation
    Enduring Freedom.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (2) Each report under this section shall be prepared in
    consultation with the Chairman of the Joint Chiefs of Staff,
    the commander of the United States Central Command, the
    Director of Central Intelligence, and such other officials as
    the Secretary considers appropriate.
        (3) Each such report shall be submitted in both a
    classified form and an unclassified form, as necessary.
        (b) Special Matters To Be Included.--Each report under this
    section shall include the following:
        (1) A discussion of the command, control, coordination, and
    support relationship between United States special operations
    forces and Central Intelligence Agency elements participating
    in Operation Enduring Freedom and any lessons learned from the
    joint conduct of operations by those forces and elements.
        (2) Recommendations to improve operational readiness and
    effectiveness of these forces and elements.
        (c) Other Matters To Be Included.--Each report under this
    section shall include a discussion, with a particular emphasis
    on accomplishments and shortcomings, of the following matters
    with respect to Operation Enduring Freedom:
              (1) The political and military objectives of the
            United States.
              (2) The military strategy of the United States to
            achieve those political and military objectives.
              (3) The concept of operations, including any new
            operational concepts, for the operation.
              (4) The benefits and disadvantages of operating with
            local opposition forces.
              (5) The benefits and disadvantages of operating in a
            coalition with the military forces of allied and
            friendly nations.
              (6) The cooperation of nations in the region for
            overflight, basing, command and control, and logistic
            and other support.
              (7) The conduct of relief operations both during and
            after the period of hostilities.
              (8) The conduct of close air support (CAS),
            particularly with respect to the timeliness,
            efficiency, and effectiveness of such support.
              (9) The use of unmanned aerial vehicles for
            intelligence, surveillance, reconnaissance, and combat
            support to operational forces.
              (10) The use and performance of United States and
            coalition military equipment, weapon systems, and
            munitions.
              (11) The effectiveness of reserve component forces,
            including their use and performance in the theater of
            operations.
              (12) The importance and effectiveness of the
            International Security Assistance Force.
              (13) The importance and effectiveness of United
            States civil affairs forces.
              (14) The anticipated duration of the United States
            military presence in Afghanistan.
              (15) The most critical lessons learned that could
            lead to long-term doctrinal, organizational, and
            technological changes.
        (d) Congressional Committees.--The committees referred to
    in subsection (a)(1) are the following:
              (1) The Committee on Armed Services and the Select
            Committee on Intelligence of the Senate.
              (2) The Committee on Armed Services and the Permanent
            Select Committee on Intelligence of the House of
            Representatives.
              * * * * * * *

                           Subtitle F--Other Matters

              * * * * * * *

    SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.

        (a) Authority.--Chapter 3 of title 10, United States Code,
    is amended by inserting after section 127a the following new
    section: * * *
        (b) Clerical Amendment.--* * *
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

    Sec. 1201. Authority to provide administrative services and support for
              coalition liaison officers.
    Sec. 1202. Authority to pay for certain travel of defense personnel of
              countries participating in NATO Partnership for Peace program.
    Sec. 1203. Limitation on funding for Joint Data Exchange Center in
              Moscow.
    Sec. 1204. Support of United Nations-sponsored efforts to inspect and
              monitor Iraqi weapons activities.
    Sec. 1205. Comprehensive annual report to Congress on coordination and
              integration of all United States nonproliferation activities.
    Sec. 1206. Report requirement regarding Russian proliferation to Iran
              and other countries of proliferation concern.
    Sec. 1207. Monitoring of implementation of 1979 agreement between the
              United States and China on cooperation in science and
              technology.
    Sec. 1208. Extension of certain counterproliferation activities and
              programs.
    Sec. 1209. Semiannual report by Director of Central Intelligence on
              contributions by foreign persons to efforts by countries of
              proliferation concern to obtain weapons of mass destruction
              and their delivery systems.
    Sec. 1210. Report on feasibility and advisability of senior officer
              exchanges between the Armed Forces of the United States and
              the military forces of Taiwan.
    Sec. 1211. Report on United States force structure in the Pacific.

    SEC. 1201. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT FOR
                        COALITION LIAISON OFFICERS.

        (a) Authority.--(1) Chapter 53 of title 10, United States
    Code, is amended by inserting after section 1051 the following
    new section:

    ``Sec. 1051a. Coalition liaison officers: administrative services and
                        support; travel, subsistence, and other personal
                        expenses

        ``(a) Authority.--The Secretary of Defense may provide
    administrative services and support for the performance of
    duties by a liaison officer of another nation involved in a
    coalition with the United States while the liaison officer is
    assigned temporarily to the headquarters of a combatant
    command, component command, or subordinate operational command
    of the United States in connection with the planning for, or
    conduct of, a coalition operation.
        ``(b) Travel and Subsistence Expenses.--(1) The Secretary
    may pay the expenses specified in paragraph (2) of a liaison
    officer of a developing country in connection with the
    assignment of that officer to the headquarters of a combatant
    command as described in subsection (a), if the assignment is
    requested by the commander of the combatant command.
        ``(2) Expenses of a liaison officer that may be paid under
    paragraph (1) in connection with an assignment described in
    that paragraph are the following:
              ``(A) Travel and subsistence expenses.
              ``(B) Personal expenses directly necessary to carry
            out the duties of that officer in connection with that
            assignment.
        ``(c) Reimbursement.--To the extent that the Secretary
    determines appropriate, the Secretary may provide the services
    and support authorized by subsection (a) and the expenses
    authorized by subsection (b) with or without reimbursement from
    (or on behalf of) the recipients.
        ``(d) Definitions.--In this section:
              ``(1) The term `administrative services and support'
            includes base or installation support services, office
            space, utilities, copying services, fire and police
            protection, and computer support.
              ``(2) The term `coalition' means an ad hoc
            arrangement between or among the United States and one
            or more other nations for common action.
        ``(e) Expiration of Authority.--The authority under this
    section shall expire on September 30, 2005.''.
        (2) The table of sections at the beginning of such chapter
    is amended by inserting after the item relating to section 1051
    the following new item: * * *
        (b) \3\ GAO Report.--Not later than March 1, 2005, the
    Comptroller General shall submit to the Committees on Armed
    Services of the Senate and House of Representatives a report
    providing an assessment of the implementation of section 1051a
    of title 10, United States Code, as added by subsection (a).
    The assessment shall include the following:
    ---------------------------------------------------------------------------
        \3\ 10 U.S.C. 1051a note.
    ---------------------------------------------------------------------------
              (1) A description of the benefits to coalition
            operations of the authority provided by that section.
              (2) A statement of the cost to the Department of
            Defense of the use of the authority provided by that
            section.
              (3) A summary of activities carried out under the
            authority provided by that section, including (A) the
            number of liaison officers for whom administrative
            services and support or expenses were provided under
            that authority and their countries of origin, and (B)
            the type of services, support, and expenses provided.

    SEC. 1202. AUTHORITY TO PAY FOR CERTAIN TRAVEL OF DEFENSE PERSONNEL OF
                        COUNTRIES PARTICIPATING IN NATO PARTNERSHIP FOR
                        PEACE PROGRAM.

        (a) Authority for Use of Funds.--Section 1051(b) of title
    10, United States Code, is amended--
              (1) in paragraph (1), by striking ``paragraph (2)''
            and inserting ``paragraphs (2) and (3)'';
              (2) by redesignating paragraph (3) as paragraph (4);
            and
              (3) by inserting after paragraph (2) the following
            new paragraph (3):
        ``(3) In the case of defense personnel of a developing
    country that is not a member of the North Atlantic Treaty
    Organization and that is participating in the Partnership for
    Peace program of the North Atlantic Treaty Organization (NATO),
    expenses authorized to be paid under subsection (a) may be paid
    in connection with travel of personnel to the territory of any
    of the countries participating in the Partnership for Peace
    program or the territory of any NATO member country.''.
        (b) \4\ Effective Date.--The amendments made by subsection
    (a) shall apply only with respect to travel performed on or
    after the date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \4\ 10 U.S.C. 1051 note.
    ---------------------------------------------------------------------------

    SEC. 1203. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN
                        MOSCOW.

        (a) Limitation.--Not more than 50 percent of the funds made
    available to the Department of Defense for fiscal year 2003 for
    activities associated with the Joint Data Exchange Center in
    Moscow, Russia, may be obligated or expended for any such
    activity until--
              (1) the United States and the Russian Federation
            enter into a cost-sharing agreement as described in
            subsection (d) of section 1231 of the Floyd D. Spence
            National Defense Authorization Act for Fiscal Year 2001
            (as enacted into law by Public Law 106-398; 114 Stat.
            1654A-329);
              (2) the United States and the Russian Federation
            enter into an agreement or agreements exempting the
            United States and any United States person from Russian
            taxes, and from liability under Russian laws, with
            respect to activities associated with the Joint Data
            Exchange Center;
              (3) the Secretary of Defense submits to the Committee
            on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives a copy
            of each agreement referred to in paragraphs (1) and
            (2); and
              (4) a period of 30 days has expired after the date of
            the final submission under paragraph (3).
        (b) Joint Data Exchange Center.--For purposes of this
    section, the term ``Joint Data Exchange Center'' means the
    United States-Russian Federation joint center for the exchange
    of data to provide early warning of launches of ballistic
    missiles and for notification of such launches that is provided
    for in a joint United States-Russian Federation memorandum of
    agreement signed in Moscow in June 2000.

    SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2003.--The total amount of the assistance for fiscal year 2003
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``2002'' and inserting ``2003''.

    SEC. 1205.\5\ COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON COORDINATION
                        AND INTEGRATION OF ALL UNITED STATES
                        NONPROLIFERATION ACTIVITIES.

        Section 1205 of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is
    amended by adding at the end the following new subsection: * *
    *
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1206.\6\ REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO
                        IRAN AND OTHER COUNTRIES OF PROLIFERATION CONCERN.

        (a) Report Requirement.--Not later than March 15 of 2003
    through 2009, the President shall submit to Congress a report
    (in unclassified and classified form as necessary) describing
    in detail Russian proliferation of weapons of mass destruction
    and ballistic missile goods, technology, expertise, and
    information, and of dual-use items that may contribute to the
    development of weapons of mass destruction and ballistic
    missiles, to Iran and to other countries of proliferation
    concern during the year preceding the year in which the report
    is submitted. The report shall include a detailed description
    of the following, for the year covered by the report:
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
              (1) The number, type, and quality of direct and dual-
            use weapons of mass destruction and ballistic missile
            goods, technology, expertise, and information
            transferred.
              (2) The form, location, and manner in which such
            transfers took place.
              (3) The contribution that such transfers could make
            to the recipient countries' weapons of mass destruction
            and ballistic missile programs, and an estimate of how
            soon such countries will test, possess, and deploy
            weapons of mass destruction and ballistic missiles.
              (4) The impact and consequences that such transfers
            have, and could have over the next 10 years--
                      (A) on United States national security;
                      (B) on United States military forces deployed
                    in the region to which such transfers are being
                    made;
                      (C) on United States allies, friends, and
                    interests in that region; and
                      (D) on the military capabilities of the
                    country receiving such transfers from Russia.
              (5) The policy and strategy that the President
            intends to employ to halt Russian proliferation, the
            policy tools that the President intends to use to carry
            out that policy and strategy, the rationale for
            employing such tools, and the timeline by which the
            President expects to see material progress in ending
            Russian proliferation of direct and dual-use weapons of
            mass destruction and missile goods, technology,
            expertise, and information.
        (b) Definition.--In this section, the term ``country of
    proliferation concern'' means any country identified by the
    Director of Central Intelligence as having engaged in the
    acquisition of dual-use and other technology useful for the
    development or production of weapons of mass destruction
    (including nuclear weapons, chemical weapons, and biological
    weapons) or advanced conventional munitions--
              (1) in the most recent report under section 721 of
            the Combatting Proliferation of Weapons of Mass
            Destruction Act of 1996 (title VII of Public Law 104-
            293; 50 U.S.C. 2366); or
              (2) in any successor report on the acquisition by
            foreign countries of dual-use and other technology
            useful for the development or production of weapons of
            mass destruction.

    SEC. 1207.\7\ MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN
                        THE UNITED STATES AND CHINA ON COOPERATION IN
                        SCIENCE AND TECHNOLOGY.

        (a) In General.--The Secretary of State shall--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 6901 note.
    ---------------------------------------------------------------------------
              (1) monitor the implementation of the Agreement
            specified in subsection (c);
              (2) keep a systematic account of the protocols to the
            Agreement;
              (3) coordinate the activities of all agencies of the
            United States Government that carry out cooperative
            activities under the Agreement; and
              (4) ensure that all activities conducted under the
            Agreement comply with applicable laws and regulations
            concerning the transfer of militarily sensitive
            technologies and dual-use technologies.
        (b) Responsibilities of the Office of Science and
    Technology Cooperation.--Except as otherwise provided by the
    Secretary of State, the functions of the Secretary under this
    section shall be carried out through the Director of the Office
    of Science and Technology Cooperation of the Department of
    State.
        (c) Agreement Defined.--For purposes of this section, the
    term ``Agreement'' means the agreement between the United
    States and the People's Republic of China known as the
    ``Agreement between the Government of the United States of
    America and the Government of the People's Republic of China on
    Cooperation in Science and Technology'', signed in Washington
    on January 31, 1979, and its protocols.
        (d) Biennial Report to Congress.--(1) Not later than April
    1 of each even-numbered year, the Secretary of State shall
    submit to Congress a report on the implementation of the
    Agreement and on activities under the Agreement. Each such
    report shall be submitted in both classified and unclassified
    form, as necessary.
        (2) Each report under this subsection shall provide an
    evaluation of the benefits of the Agreement to the economy, to
    the military, and to the industrial base of the People's
    Republic of China and shall include the following:
              (A) An accounting of all activities conducted under
            the Agreement since the previous report (or, in the
            case of the first report, since the Agreement was
            entered into) and a projection of activities to be
            undertaken under the Agreement during the next two
            years.
              (B) An estimate of the costs to the United States to
            administer the Agreement during the period covered by
            the report.
              (C) An assessment of how the Agreement has influenced
            the foreign and domestic policies of the People's
            Republic of China and the policy of the People's
            Republic of China toward scientific and technological
            cooperation with the United States.
              (D) An analysis by the Director of Central
            Intelligence of the involvement of military
            specialists, weapons specialists, and intelligence
            specialists of the People's Republic of China in the
            activities of the Joint Commission established under
            the Agreement and in other activities conducted under
            the Agreement.
              (E) A determination by the Secretary of Defense,
            developed with the assistance of the Director of
            Central Intelligence, of the extent to which the
            activities conducted under the Agreement have enhanced
            the military and defense industrial base of the
            People's Republic of China, and an assessment of the
            effect that projected activities under the Agreement
            for the next two years, including the transfer of
            technology and know-how, could have on the economic and
            military capabilities of the People's Republic of
            China.
              (F) An assessment by the Inspector General of the
            Department of Commerce of--
                      (i) the extent to which programs or
                    activities carried out under the Agreement
                    provide access to technology, information, or
                    know-how that could enhance military
                    capabilities of the People's Republic of China;
                    and
                      (ii) the extent to which those programs or
                    activities are carried out in compliance with
                    export control laws and regulations of the
                    United States, especially those laws and
                    regulations governing so-called ``deemed
                    exports''.
              (G) Any recommendations of the Secretary of State,
            Secretary of Defense, or Director of Central
            Intelligence for improving the monitoring of the
            activities of the Joint Commission established under
            the Agreement.
        (3) The Secretary of State shall prepare each report under
    this subsection in consultation with the Secretary of Defense,
    the Secretary of Energy, the Director of Central Intelligence,
    the Director of the Federal Bureau of Investigation, and the
    Director of the National Science Foundation.
        (e) Interagency Working Group.--The President shall
    establish an interagency working group to oversee the
    implementation of the Agreement by departments and agencies of
    the United States. The working group shall consist of
    representatives of such departments, agencies, and offices of
    the executive branch as the President considers appropriate.
    The working group shall perform the following functions:
              (1) Assisting the Secretary of State and other
            appropriate officials in setting standards under the
            Agreement for science and technology transfers between
            the United States and the People's Republic of China.
              (2) Monitoring ongoing programs and activities under
            the Agreement and recommending future programs and
            activities under the Agreement.
              (3) Developing a comprehensive database of all
            government-to-government programs and United States
            Government-funded programs under the Agreement.
              (4) Coordinating activities under the Agreement
            between United States Government agencies, including
            elements of the intelligence community, as appropriate.

    SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND
                        PROGRAMS.

        (a) Extension of Interagency Counterproliferation Program
    Review Committee.--Section 1605(f) of the National Defense
    Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
    amended * * *
        (b) Later Deadline for Submission of Annual Report.--
    Subsection (a) of section 1503 of the National Defense
    Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
    amended * * *
        (c) Additional Matters To Be Included in Annual Report.--
    Subsection (b) of such section is amended * * *
        (d) Technical Amendment To Reflect Change in Position
    Title.--Section 1605(a)(4) of the National Defense
    Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
    amended * * *

    SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON
                        CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY
                        COUNTRIES OF PROLIFERATION CONCERN TO OBTAIN
                        WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY
                        SYSTEMS.

        (a) Content of Semiannual Report.--The Combatting
    Proliferation of Weapons of Mass Destruction Act of 1996 (title
    VII of Public Law 104-293) is amended * * *
        (b) \8\ Effective Date.--Section 722 of the Combatting
    Proliferation of Weapons of Mass Destruction Act of 1996, as
    added by subsection (a), shall take effect with the report with
    respect to the first six months of 2003 required to be
    submitted under that section not later than January 1, 2004.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 2369 note.
    ---------------------------------------------------------------------------

    SEC. 1210. REPORT ON FEASIBILITY AND ADVISABILITY OF SENIOR OFFICER
                        EXCHANGES BETWEEN THE ARMED FORCES OF THE UNITED
                        STATES AND THE MILITARY FORCES OF TAIWAN.

        (a) Presidential Report.--Not later than 180 days after the
    date of the enactment of this Act, the President shall submit
    to Congress a report on--
              (1) the feasibility and advisability of conducting
            combined operational training with, and exchanges of
            general and flag officers between, the Armed Forces of
            the United States and the military forces of Taiwan;
            and
              (2) the progress being made in meeting United States
            commitments to the security of Taiwan.
        (b) Classification of Report.--The report required by this
    section shall be submitted in unclassified form and, as
    necessary, in classified form.

    SEC. 1211. REPORT ON UNITED STATES FORCE STRUCTURE IN THE PACIFIC.

        (a) Secretary of Defense Report.--Not later than 180 days
    after the date of the enactment of this Act, the Secretary of
    Defense shall submit to Congress a report on the plans of the
    Department of Defense to maintain adequate United States force
    structure in the Pacific, including any efforts (1) to augment
    current basing arrangements, and (2) to implement the
    recommendations from the most recent Quadrennial Defense Review
    to improve United States military capabilities in the Pacific.
        (b) Classification of Report.--The report required by this
    section shall be submitted in unclassified form and, as
    necessary, in classified form.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                SOVIET UNION \9\

              * * * * * * *
    ---------------------------------------------------------------------------
        \9\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

       TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR THE WAR ON TERRORISM

    Sec. 1501. Authorization of appropriations for continued operations for
              the war on terrorism.
    Sec. 1502. Mobilization and personnel.
    Sec. 1503. Operations.
    Sec. 1504. Equipment replacement and enhancement.
    Sec. 1505. Classified activities.
    Sec. 1506. Procurement of munitions.
    Sec. 1507. Discretionary restoration of authorizations of appropriations
              reduced for management efficiencies.
    Sec. 1508. General provisions applicable to transfers.

    SEC. 1501. AUTHORIZATION OF APPROPRIATIONS FOR CONTINUED OPERATIONS FOR
                        THE WAR ON TERRORISM.

        In addition to any other amounts authorized to be
    appropriated by this Act, there is hereby authorized to be
    appropriated for the Department of Defense for fiscal year
    2003, subject to subsection (b), $10,000,000,000 only for the
    conduct of Operation Noble Eagle and Operation Enduring Freedom
    in continuation of the war on terrorism in accordance with the
    purposes stated in section 2(a) of the Authorization for Use of
    Military Force (Public Law 107-40; 50 U.S.C. 1541 note).

    SEC. 1502. MOBILIZATION AND PERSONNEL.

        Of the amount authorized to be appropriated in section
    1501, $2,550,000,000 shall be available only for transfer
    (subject to sections 1507 and 1508) to fiscal year 2003
    military personnel accounts of the Department of Defense for
    the purpose of providing for the personnel and personnel
    support costs of the members of the Armed Forces who are
    participating in Operation Noble Eagle or Operation Enduring
    Freedom in continuation of the war on terrorism in accordance
    with the purposes referred to in section 1501(a).

    SEC. 1503. OPERATIONS.

        Of the amount authorized to be appropriated in section
    1501, $4,270,000,000 shall be available only for transfer
    (subject to sections 1507 and 1508) to fiscal year 2003
    operation and maintenance accounts and working-capital funds of
    the Department of Defense for operating costs of the conduct of
    Operation Noble Eagle and Operation Enduring Freedom in
    continuation of the war on terrorism in accordance with the
    purposes referred to in section 1501(a).

    SEC. 1504. EQUIPMENT REPLACEMENT AND ENHANCEMENT.

        Of the amount authorized to be appropriated in section
    1501, $1,000,000,000 shall be available only for transfer
    (subject to sections 1507 and 1508) to fiscal year 2003
    procurement and research, development, test, and evaluation
    accounts of the Department of Defense for--
              (1) emergency replacement of equipment and munitions
            lost or expended in operations conducted as part of
            Operation Noble Eagle or Operation Enduring Freedom in
            continuation of the war on terrorism in accordance with
            the purposes referred to in section 1501(a); or
              (2) enhancement of critical military capabilities
            necessary to carry out operations as part of those
            Operations in continuation of the war on terrorism in
            accordance with those purposes.

    SEC. 1505. CLASSIFIED ACTIVITIES.

        Of the amount authorized to be appropriated in section
    1501, $1,980,000,000 shall be available only for unspecified
    intelligence and classified activities carried out in support
    of Operation Noble Eagle or Operation Enduring Freedom in
    continuation of the war on terrorism in accordance with the
    purposes referred to in section 1501(a), and only by transfer
    (subject to sections 1507 and 1508) to fiscal year 2003
    accounts of the Department of Defense in amounts as follows:
              (1) To procurement accounts, $1,618,200,000.
              (2) To operation and maintenance accounts,
            $301,600,000.
              (3) To research, development, test, and evaluation
            accounts, $60,200,000.

    SEC. 1506. PROCUREMENT OF MUNITIONS.

        Of the amount authorized to be appropriated in section
    1501, $200,000,000 shall be available only for the procurement
    of munitions for the support of Operation Noble Eagle or
    Operation Enduring Freedom in continuation of the war on
    terrorism in accordance with the purposes referred to in
    section 1501(a), and only by transfer (subject to sections 1507
    and 1508) to fiscal year 2003 procurement accounts of the
    Department of Defense in amounts as follows:
              (1) To accounts of the Army for the procurement of
            ammunition $94,000,000.
              (2) To accounts of the Navy for the procurement of
            weapons, $35,000,000.
              (3) To accounts of the Navy and Marine Corps for the
            procurement of ammunition, $25,000,000.
              (4) To accounts of the Air Force for the procurement
            of ammunition, $40,000,000.
              (5) To Defense-wide procurement accounts for special
            operations forces, $6,000,000.

    SEC. 1507. DISCRETIONARY RESTORATION OF AUTHORIZATIONS OF
                        APPROPRIATIONS REDUCED FOR MANAGEMENT EFFICIENCIES.

        (a) Transfer Authority.--(1) The Secretary of Defense may,
    subject to section 1508, transfer up to a total of
    $1,000,000,000 of the amount authorized to be appropriated by
    section 1501 to Department of Defense accounts under titles I,
    II, and III that are reduced for savings described in paragraph
    (2) if and to the extent that the Secretary determines that
    such savings are not achievable.
        (2) The savings referred to in paragraph (1) are savings
    that are to be achieved from--
              (A) improved management of Department of Defense
            contracts for the procurement of services; and
              (B) the deferral of expenditures on financial
            management systems.
        (b) Relationship to Other Title XV Transfer Authorities.--
    The total amount transferred under sections 1502 through 1506
    and under section 1507 may not exceed the total amount
    authorized to be appropriated by section 1501.

    SEC. 1508. GENERAL PROVISIONS APPLICABLE TO TRANSFERS.

        (a) Merger of Transferred Amounts.--Amounts transferred
    pursuant to this title shall be merged with, and shall be
    available for the same purposes and the same period as, the
    account to which transferred.
        (b) Congressional Notice-and-Wait Requirement.--A transfer
    may not be made under section 1502, 1503, 1504, 1505, 1506, or
    1507 until the Secretary of Defense has submitted a notice in
    writing to the congressional defense committees of the proposed
    transfer and a period of 15 days has elapsed after the date
    such notice is received. Any such notice shall include
    specification of the amount of the proposed transfer, the
    account to which the transfer is to be made, and the purpose of
    the transfer.
        (c) Relationship to Other Transfer Authority.--The transfer
    authorities provided in this title are in addition to any other
    transfer authority available to the Secretary of Defense under
    any provision of any other title of this Act or under any other
    provision of law.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle B--Program Authorizations, Restrictions, and Limitations

              * * * * * * *

    SEC. 3143.\10\ * * * [REDESIGNATED--2003]
    ---------------------------------------------------------------------------

        \10\ Formerly at 42 U.S.C. 7271d. Sec. 3141(e)(10) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1759) redesignated sec. 3143, relating to requirements for
    special request for new or modified nuclear weapons, to 50 U.S.C. 2529,
    as sec. 4209 of Public Law 107-314.
    ---------------------------------------------------------------------------
              * * * * * * *

                       Subtitle C--Proliferation Matters

    SEC. 3151.\11\ TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF
                        DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT
                        REDUCTION PROGRAM RELATING TO ELIMINATION OF
                        WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.

        (a) Transfer of Program.--There are hereby transferred to
    the Administrator for Nuclear Security the following:
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
              (1) The program, within the Cooperative Threat
            Reduction program of the Department of Defense,
            relating to the elimination of weapons grade plutonium
            production in Russia.
              (2) All functions, powers, duties, and activities of
            that program performed before the date of the enactment
            of this Act by the Department of Defense.
        (b) Transfer of Assets.--(1) Notwithstanding any
    restriction or limitation in law on the availability of
    Cooperative Threat Reduction funds specified in paragraph (2),
    so much of the property, records, and unexpended balances of
    appropriations, allocations, and other funds employed, used,
    held, available, or to be made available in connection with the
    program transferred by subsection (a) are transferred to the
    Administrator for use in connection with the program
    transferred.
        (2) The Cooperative Threat Reduction funds specified in
    this paragraph are the following:
              (A) Fiscal year 2002 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the National
            Defense Authorization Act for Fiscal Year 2002 (Public
            Law 107-107; 115 Stat. 1254; 22 U.S.C. 5952 note).
              (B) Fiscal year 2001 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the Floyd D.
            Spence National Defense Authorization Act for Fiscal
            Year 2001 (as enacted into law by Public Law 106-398;
            114 Stat. 1654A-339; 22 U.S.C. 5959 note).
              (C) Fiscal year 2000 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the National
            Defense Authorization Act for Fiscal Year 2000 (Public
            Law 106-65; 113 Stat. 792; 22 U.S.C. 5952 note).
        (c) Availability of Transferred Funds.--(1) Notwithstanding
    any restriction or limitation in law on the availability of
    Cooperative Threat Reduction funds specified in subsection
    (b)(2), the Cooperative Threat Reduction funds transferred
    under subsection (b) for the program referred to in subsection
    (a) shall be available for activities as follows:
              (A) To design and construct, refurbish, or both,
            fossil fuel energy plants in Russia that provide
            alternative sources of energy to the energy plants in
            Russia that produce weapons grade plutonium.
              (B) To carry out limited safety upgrades of not more
            than three energy plants in Russia that produce weapons
            grade plutonium, provided that such upgrades do not
            extend the life of those plants.
        (2) Amounts available under paragraph (1) for activities
    referred to in that paragraph shall remain available for
    obligation for three fiscal years.
        (d) Limitation.--(1) Of the amounts authorized to be
    appropriated by this title or any other Act for the program
    referred to in subsection (a), the Administrator for Nuclear
    Security may not obligate any funds for construction, or
    obligate or expend more than $100,000,000 for that program,
    until 30 days after the later of--
              (A) the date on which the Administrator submits to
            the congressional defense committees, the Committee on
            International Relations of the House of
            Representatives, and the Committee on Foreign Relations
            of the Senate, a copy of an agreement or agreements
            entered into between the United States Government and
            the Government of the Russian Federation to shut down
            the three plutonium-producing reactors in Russia as
            specified under paragraph (2); and
              (B) the date on which the Administrator submits to
            the committees specified in subparagraph (A) a report
            on a plan to achieve international participation in the
            program referred to in subsection (a), including cost
            sharing.
        (2) The agreement (or agreements) under paragraph (1)(A)
    shall contain--
              (A) a commitment to shut down the three plutonium-
            producing reactors;
              (B) the date on which each such reactor will be shut
            down;
              (C) a schedule and milestones for each such reactor
            to complete the shutdown of such reactor by the date
            specified under subparagraph (B);
              (D) a schedule and milestones for refurbishment or
            construction of fossil fuel energy plants to be
            undertaken by the Government of the Russian Federation
            in support of the program;
              (E) an arrangement for access to sites and facilities
            necessary to meet such schedules and milestones;
              (F) an arrangement for audit and examination
            procedures in order to evaluate progress in meeting
            such schedules and milestones; and
              (G) any cost sharing arrangements between the United
            States Government and the Government of the Russian
            Federation in undertaking activities under such
            agreement (or agreements).
        (e) \12\ International Participation in Program.--(1) In
    order to achieve international participation in the program
    referred to in subsection (a), the Secretary of Energy may, in
    consultation with the Secretary of State, enter into one or
    more agreements with any person, foreign government, or other
    international organization that the Secretary considers
    appropriate for the contribution of funds by such person,
    government, or organization for purposes of the program.
    ---------------------------------------------------------------------------
        \12\ Added by sec. 3135 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2170).
    ---------------------------------------------------------------------------
        (2) Notwithstanding section 3302 of title 31, United States
    Code, and subject to paragraphs (3) and (4), the Secretary may
    retain and utilize any amounts contributed by a person,
    government, or organization under an agreement under paragraph
    (1) for purposes of the program without further appropriation
    and without fiscal year limitation.
        (3) The Secretary may not utilize under paragraph (2) any
    amount contributed under an agreement under paragraph (1) until
    30 days after the date on which the Secretary notifies the
    congressional defense committees of the intent to utilize such
    amount, including the source of such amount and the proposed
    purpose for which such amount will be utilized.
        (4) If any amount contributed under paragraph (1) has not
    been utilized within five years of receipt under that
    paragraph, the Secretary shall return such amount to the
    person, government, or organization contributing such amount
    under that paragraph.
        (5) Not later than 30 days after the receipt of any amount
    contributed under paragraph (1), the Secretary shall submit to
    the congressional defense committees a notice of the receipt of
    such amount.
        (6) Not later than October 31 each year, the Secretary
    shall submit to the congressional defense committees a report
    on the receipt and utilization of amounts under this subsection
    during the preceding fiscal year. Each report for a fiscal year
    shall set forth--
              (A) a statement of any amounts received under this
            subsection, including the source of each such amount;
            and
              (B) a statement of any amounts utilized under this
            subsection, including the purpose for which such
            amounts were utilized.
        (7) The authority of the Secretary to accept and utilize
    amounts under this subsection shall expire on December 31,
    2011.

    SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR
                        PROGRAMS ON FISSILE MATERIALS IN RUSSIA.

        Section 3131 of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C.
    5952 note) is amended--
              (1) in subsection (a), by striking ``(a) Authority.--
            ''; and
              (2) by striking subsection (b).

    SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS
                        PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.

        (a) Covered Programs.--Subsection (a) of section 3171 of
    the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (as enacted into law by Public Law 106-398;
    114 Stat. 1654A-475; 22 U.S.C. 5952 note) is amended by
    striking ``Russia that'' and inserting ``countries where such
    materials''.
        (b) Report Contents.--Subsection (b) of that section is
    amended--
              (1) in paragraph (1) by inserting ``in each country
            covered by subsection (a)'' after ``locations,'';
              (2) in paragraph (2), by striking ``in Russia'' and
            inserting ``in each such country'';
              (3) in paragraph (3), by inserting ``in each such
            country'' after ``subsection (a)''; and
              (4) in paragraph (5), by striking ``by total amount
            and by amount per fiscal year'' and inserting ``by
            total amount per country and by amount per fiscal year
            per country''.

    SEC. 3154. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR,
                        RADIOLOGICAL, CHEMICAL, OR BIOLOGICAL WEAPONS.

        (a) Extension of Testing.--Section 1415 of the Defense
    Against Weapons of Mass Destruction Act of 1996 (title XIV of
    Public Law 104-201; 110 Stat. 2720; 50 U.S.C. 2315) is
    amended--
              (1) in subsection (a)(2), by striking ``of five
            successive fiscal years beginning with fiscal year
            1997'' and inserting ``of fiscal years 1997 through
            2013''; and
              (2) in subsection (b)(2), by striking ``of five
            successive fiscal years beginning with fiscal year
            1997'' and inserting ``of fiscal years 1997 through
            2013''.
        (b) \13\ Construction of Extension With Designation of
    Attorney General as Lead Official.--The amendments made by
    subsection (a) may not be construed as modifying the
    designation of the President titled ``Designation of the
    Attorney General as the Lead Official for the Emergency
    Response Assistance Program Under Sections 1412 and 1415 of the
    National Defense Authorization Act for Fiscal Year 1997'',
    dated April 6, 2000, designating the Attorney General to assume
    programmatic and funding responsibilities for the Emergency
    Response Assistance Program under sections 1412 and 1415 of the
    Defense Against Weapons of Mass Destruction Act of 1996 (title
    XIV of the National Defense Authorization Act for Fiscal Year
    1997).
    ---------------------------------------------------------------------------
        \13\ 50 U.S.C. 2315 note.
    ---------------------------------------------------------------------------

    SEC. 3155.\14\ COOPERATIVE PROGRAM ON RESEARCH, DEVELOPMENT, AND
                        DEMONSTRATION OF TECHNOLOGY REGARDING NUCLEAR OR
                        RADIOLOGICAL TERRORISM.

        (a) Program Required.--The Administrator for Nuclear
    Security shall carry out with the Russian Federation a
    cooperative program on the research, development, and
    demonstration of technologies for protection from and response
    to nuclear or radiological terrorism.
    ---------------------------------------------------------------------------
        \14\ 50 U.S.C. 2315 note.
    ---------------------------------------------------------------------------
        (b) Program Elements.--In carrying out the program required
    by subsection (a), the Administrator shall--
              (1) conduct research and development of technology
            for protection from nuclear or radiological terrorism,
            including technology for the detection, identification,
            assessment, control, and disposition of radiological
            materials that could be used for nuclear terrorism; and
              (2) provide, where feasible, for the demonstration to
            other countries of technologies or methodologies on
            matters relating to nuclear or radiological terrorism,
            including--
                      (A) the demonstration of technologies
                    developed under the program to respond to
                    nuclear or radiological terrorism;
                      (B) the demonstration of technologies
                    developed under the program for the disposal of
                    radioactive materials;
                      (C) the demonstration of methodologies
                    developed under the program for use in
                    evaluating the radiological threat of
                    radiological sources identified as not under
                    current accounting programs in the audit report
                    of the Inspector General of the Department of
                    Energy titled ``Accounting for Sealed Sources
                    of Nuclear Material Provided to Foreign
                    Countries'' (DOEIG-0546);
                      (D) in coordination with the Nuclear
                    Regulatory Commission, the demonstration of
                    methodologies developed under the program to
                    facilitate the development of a regulatory
                    framework for licensing and controlling
                    radioactive sources; and
                      (E) in coordination with the Office of
                    Environment, Safety, and Health of the
                    Department of Energy, the demonstration of
                    methodologies developed under the program to
                    facilitate development of consistent criteria
                    for screening international transfers of
                    radiological materials.
        (c) Consultation.--In carrying out activities in accordance
    with subsection (b)(2), the Administrator shall consult with--
              (1) the Secretary of Defense, Secretary of State, and
            Secretary of Commerce; and
              (2) the International Atomic Energy Agency.
        (d) Amount for Activities.--Of the amount authorized to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $15,000,000 may be available
    for carrying out this section.

    SEC. 3156.\15\ MATTERS RELATING TO THE INTERNATIONAL MATERIALS
                        PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE
                        DEPARTMENT OF ENERGY.

        (a) Radiological Dispersal Device Materials Protection,
    Control, and Accounting.--The Secretary of Energy may establish
    within the International Materials Protection, Control, and
    Accounting program of the Department of Energy a program on the
    protection, control, and accounting of materials usable in
    radiological dispersal devices. In establishing such program,
    the Secretary shall--
    ---------------------------------------------------------------------------
        \15\ 50 U.S.C. 2343.
    ---------------------------------------------------------------------------
              (1) identify the sites and radiological materials to
            be covered by such program;
              (2) carry out a risk assessment of such radiological
            materials; and
              (3) identify and establish the costs of and schedules
            for such program.
        (b) Revised Focus for Materials Protection, Control, and
    Accounting Program of Russian Federation.--(1) The Secretary of
    Energy shall work cooperatively with the Russian Federation to
    develop, as soon as practicable but not later than January 1,
    2013, a sustainable nuclear materials protection, control, and
    accounting system for the nuclear materials of the Russian
    Federation that is supported solely by the Russian Federation.
        (2) The Secretary shall work with the Russian Federation to
    identify various alternatives to provide the United States
    adequate transparency in the nuclear materials protection,
    control, and accounting program of the Russian Federation to
    assure that such program is meeting applicable goals for
    nuclear materials protection, control, and accounting.
        (c) Amount for Activities.--Of the amount authorized to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $5,000,000 may be available for
    carrying out this section.

    SEC. 3157.\16\ ACCELERATED DISPOSITION OF HIGHLY ENRICHED URANIUM.

        (a) Program on Accelerated Disposition of HEU Authorized.--
    (1) The Secretary of Energy may carry out a program to pursue
    with the Russian Federation options for blending highly
    enriched uranium so that the concentration of U-235 in such
    uranium is below 20 percent.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (2) The options pursued under paragraph (1) shall include
    expansion of the Material Consolidation and Conversion program
    of the Department of Energy to include--
              (A) additional facilities for the blending of highly
            enriched uranium; and
              (B) additional centralized secure storage facilities
            for highly enriched uranium designated for blending.
        (3) Any site selected for the storage of uranium or blended
    material under paragraph (2)(B) shall undergo complete
    materials protection, control, and accounting upgrades before
    the commencement of the storage of uranium or blended material
    at such site under the program.
        (b) Construction With HEU Disposition Agreement.--Nothing
    in this section may be construed as terminating, modifying, or
    otherwise affecting requirements for the disposition of highly
    enriched uranium under the Agreement Between the Government of
    the United States of America and the Government of the Russian
    Federation Concerning the Disposition of Highly Enriched
    Uranium Extracted from Nuclear Weapons, signed at Washington on
    February 18, 1993.
        (c) Limitation on Release for Sale of Blended Uranium.--
    Uranium blended under this section may not be released for sale
    until the earlier of--
              (1) January 1, 2014; or
              (2) the date on which the Secretary certifies that
            such uranium can be absorbed into the global market
            without undue disruption to the uranium mining,
            conversion, and enrichment industry in the United
            States.
        (d) Amount for Activities.--Of the amount to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $10,000,000 may be available
    for carrying out this section.

    SEC. 3158.\17\ STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR
                        MATERIALS AND SECURITY OF NUCLEAR OPERATIONS.

        (a) Report on Options for International Program To
    Strengthen Security.--(1) Not later than 270 days after the
    date of the enactment of this Act, the Secretary of Energy
    shall submit to Congress a report on options for an
    international program to develop strengthened security for
    nuclear reactors and associated materials outside the United
    States.
    ---------------------------------------------------------------------------
        \17\ 50 U.S.C. 2344.
    ---------------------------------------------------------------------------
        (2) In evaluating options for purposes of the report, the
    Secretary shall consult with the Nuclear Regulatory Commission
    and the International Atomic Energy Agency on the feasibility
    and advisability of actions to reduce the risks associated with
    terrorist attacks on nuclear reactors outside the United
    States.
        (b) Joint Programs With Russia on Proliferation-Resistant
    Nuclear Energy Technologies.--(1) The Secretary shall pursue
    with the Ministry of Atomic Energy of the Russian Federation
    joint programs between the United States and the Russian
    Federation on the development of proliferation-resistant
    nuclear energy technologies, including advanced fuel cycles.
        (2) Of the amount authorized to be appropriated by section
    3101(a)(2) for the Department of Energy for the National
    Nuclear Security Administration for defense nuclear
    nonproliferation, up to $10,000,000 may be available for
    carrying out the joint programs referred to in paragraph (1).
        (c) Assistance Regarding Hostile Insiders.--The Secretary
    may, utilizing appropriate expertise of the Department of
    Energy and the Nuclear Regulatory Commission, provide technical
    assistance to nuclear reactor facilities outside the United
    States with respect to the interdiction of hostile insiders at
    such facilities in order to prevent incidents arising from the
    disablement of the vital systems of such facilities.

    SEC. 3159.\18\ EXPORT CONTROL PROGRAMS.

        (a) Authority To Pursue Options for Strengthening Export
    Control Programs.--The Secretary of Energy, in coordination
    with the Secretary of State, may pursue in the region of the
    former Soviet Union and other regions of concern options for
    accelerating programs that assist the countries in such regions
    in improving their domestic export control programs for
    materials, technologies, and expertise relevant to the
    construction or use of a nuclear or radiological dispersal
    device.
    ---------------------------------------------------------------------------
        \18\ 50 U.S.C. 2345.
    ---------------------------------------------------------------------------
        (b) Amount for Activities.--Of the amount authorized to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $5,000,000 may be available for
    carrying out this section.

    SEC. 3160.\19\ PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR
                        MATERIALS.

        (a) Plan for Accelerated Return.--The Secretary of Energy
    shall work with the Russian Federation to develop a plan to
    accelerate the return to Russia of all weapons-usable nuclear
    materials located in research reactors and other facilities
    outside Russia that were supplied by the former Soviet Union.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) Funding and Schedules.--As part of the plan under
    subsection (a), the Secretary shall identify the funding and
    schedules required to assist the research reactors and
    facilities referred to in that subsection in--
              (1) transferring highly enriched uranium to Russia;
            and
              (2) upgrading the materials protection, control, and
            accounting procedures at such research reactors and
            facilities until the weapons-usable nuclear materials
            in such reactors and facilities are returned in
            accordance with that subsection.
        (c) Coordination.--The provision of assistance under
    subsection (b) shall be closely coordinated with the
    International Atomic Energy Agency.

    SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION ON PHYSICAL
                        PROTECTION OF NUCLEAR MATERIALS.

        (a) Sense of Congress.--It is the sense of Congress that
    the President should encourage amendment of the Convention on
    the Physical Protection of Nuclear Materials in order to
    provide that the Convention shall--
              (1) apply to both the domestic and international use
            and transport of nuclear materials;
              (2) incorporate fundamental practices for the
            physical protection of such materials; and
              (3) address protection against sabotage involving
            nuclear materials.
        (b) Convention on the Physical Protection of Nuclear
    Material Defined.--In this section, the term ``Convention on
    the Physical Protection of Nuclear Materials'' means the
    Convention on the Physical Protection of Nuclear Materials,
    With Annex, done at Vienna on October 26, 1979.

    SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES OF HIGHLY
                        ENRICHED URANIUM AND PLUTONIUM.

        It is the sense of Congress that the Secretary of Energy
    should, in consultation with the Secretary of State and
    Secretary of Defense, develop a comprehensive program of
    activities to encourage all countries with nuclear materials to
    adhere to, or to adopt standards equivalent to, the
    International Atomic Energy Agency standard on The Physical
    Protection of Nuclear Material and Nuclear Facilities (INFCIRC/
    225/Rev.4), relating to the security of stockpiles of highly
    enriched uranium (HEU) and plutonium (Pu).
              * * * * * * *

               DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS \20\

    SEC. 4001.\21\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the
    ``Atomic Energy Defense Act''.
    ---------------------------------------------------------------------------
        \20\ Sec. 3141(b) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1753) added Division D
    to the end of this Act, largely by redesignating sections enacted in
    other National Defense Authorization Acts as sections in this newly
    created division.
        \21\ 50 U.S.C. 2501 note. Formerly at 42 U.S.C. 7101 note. Sec.
    3601 of the Atomic Energy Defense Act (title XXXVI of Public Law 107-
    314; 116 Stat. 2756), was redesignated to this newly created division
    and amended to refer to ``division'' instead of ``title'' by sec.
    3141(c)(1) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1753).
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *

    SEC. 4002.\22\ DEFINITION.

        In this division, the term ``congressional defense
    committees'' means--
    ---------------------------------------------------------------------------
        \22\ 50 U.S.C. 2501. Added by sec. 3141(c)(2) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1754).
    ---------------------------------------------------------------------------
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.
              * * * * * * *

               TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS \23\

            Subtitle A--Stockpile Stewardship and Weapons Production

              * * * * * * *
    ---------------------------------------------------------------------------
        \23\ Sec. 3141(e)(1) of National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1758) added title and
    subtitle designations.
    ---------------------------------------------------------------------------

    SEC. 4207.\24\ NUCLEAR TEST BAN READINESS PROGRAM.
    ---------------------------------------------------------------------------

        \24\ 50 U.S.C. 2527. Formerly at 42 U.S.C. 2121 note, at sec. 1436
    of Public Law 100-456. Redesignated as sec. 4207 by sec. 3141(e)(8) of
    National Defense Authorization Act for Fiscal Year 2004 (Public Law
    108-136; 117 Stat. 1759).
        Sec. 1031(15) of Public Law 106-65 (113 Stat. 750) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
        Sec. 3140 of Public Law 102-190 (105 Stat. 1580) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 3140. report on schedule for resumption of nuclear testing talks and
    test ban readiness program.
    ---------------------------------------------------------------------------

        ``(a) Sense of Congress.--It is the sense of Congress that the
    United States and the Soviet Union share a special responsibility to
    resume the Nuclear Testing Talks to continue negotiations toward
    additional limitations on nuclear weapons testing.
        ``(b) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall submit to Congress a report
    containing a proposed schedule for resumption of the Nuclear Testing
    Talks and identifying the goals to be pursued in those talks.
        ``(c) Nuclear Test Ban Readiness Program.--Of the funds
    appropriated to the Department of Energy for fiscal year 1992 for
    weapons activities, $20,000,000 shall be available to conduct the
    nuclear test ban readiness program established pursuant to section 1436
    of the National Defense Authorization Act, Fiscal Year 1989 (Public Law
    100-456; 42 U.S.C. 2121 note).''.
    ---------------------------------------------------------------------------
        (a) Findings.--The Congress makes the following findings:
              (1) On September 17, 1987, the United States and the
            Soviet Union announced that they would resume full-
            scale, stage-by-stage negotiations on issues relating
            to nuclear testing, including further intermediate
            limitations on nuclear testing leading to the ultimate
            objective of a comprehensive nuclear test ban.
              (2) It was agreed that the first step in these
            negotiations would be to reach agreement on
            verification measures that will make possible the
            ratification of the Threshold Test Ban Treaty of 1974
            and the Peaceful Nuclear Explosions Treaty of 1976.
              (3) To achieve the agreement on verification
            measures, the United States and the Soviet Union have
            agree to design and conduct a Joint Verification
            Experiment at the test sites of each country during the
            summer of 1988.
              (4) At the Moscow summit in May 1988, President
            Reagan and General Secretary Gorbachev reaffirmed their
            commitment to negotiations on ``effective verification
            measures which will make it possible to ratify the
            Threshold Test Ban Treaty of 1974 and Peaceful Nuclear
            Explosions Treaty of 1976, and proceed to negotiating
            further intermediate limitations on nuclear testing
            leading to the ultimate objective of the complete
            cessation of nuclear testing as part of an effective
            disarmament process''.
        (b) Establishment of Program.--The Secretary of Energy
    shall establish and support a program to assure that the United
    States is in a position to maintain the reliability, safety,
    and continued deterrent effect of its stockpile of existing
    nuclear weapons designs in the event that a low-threshold or
    comprehensive ban on nuclear explosives testing is negotiated
    and ratified within the framework agreed to by the United
    States and the Soviet Union.
        (c) Purposes of Program.--The purposes of the program under
    subsection (b) shall be the following:
              (1) To assure that the United States maintains a
            vigorous program of stockpile inspection and non-
            explosive testing so that, if a low-threshold or
            comprehensive test ban is entered into, the United
            States remains able to detect and identify potential
            problems in stockpile reliability and safety in
            existing designs of nuclear weapons.
              (2) To assure that the specific materials,
            components, processes, and personnel needed for the
            remanufacture of existing nuclear weapons or the
            substitution of alternative nuclear warheads are
            available to support such remanufacture or substitution
            if such action becomes necessary in order to satisfy
            reliability and safety requirements under a low-
            threshold or comprehensive test ban agreement.
              (3) To assure that a vigorous program of research in
            areas related to nuclear weapons science and
            engineering is supported so that, if a low-threshold
            comprehensive test ban agreement is entered into, the
            United States is able to maintain a base of technical
            knowledge about nuclear weapons design and nuclear
            weapons effects.
        (d) Conduct of Program.--The Secretary of Energy shall
    carry out the program provided for in subsection (b). The
    program shall be carried out with the participation of
    representatives of the Department of Defense, the nuclear
    weapons production facilities, and the national nuclear weapons
    laboratories.
        (e) \25\ * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \25\ Sec. 3152(i) of Public Law 105-85 (111 Stat. 2042) struck out
    subsec. (e), which had read as follows:
        ``(e) Annual Report.--The Secretary of Energy shall submit to
    Congress each year an unclassified report (with a classified annex as
    necessary) that describes the progress made to the date of the report
    in achieving the purposes of the program required to be established
    under subsection (b).''.
    ---------------------------------------------------------------------------

    SEC. 4208.\26\ STUDY ON NUCLEAR TEST READINESS POSTURES.
    ---------------------------------------------------------------------------

        \26\ 50 U.S.C. 2528. Formerly at 42 U.S.C. 2121 note, as sec. 3152
    of Public Law 104-106. Redesignated as sec. 4208 by sec. 3141(e)(9) of
    the National Defense Authorization Act for Fiscal Year 2004 (Public Law
    108-136; 117 Stat. 1759).
    ---------------------------------------------------------------------------
        (a) \27\ Report.--Not later than February 15, 1996, the
    Secretary of Energy shall submit to Congress a report on the
    costs, programmatic issues, and other issues associated with
    sustaining the capability of the Department of Energy--
    ---------------------------------------------------------------------------
        \27\ Sec. 3192(1) of Public Law 106-398 (114 Stat. 1564) inserted
    ``(a) Report.--'' before ``Not later than''.
        Sec. 3158 of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201; 110 Stat. 2842) required the Secretary of
    Energy to submit a second, updated, report not later than June 1, 1997.
    ---------------------------------------------------------------------------
              (1) to conduct an underground nuclear test 6 months
            after the date on which the President determines that
            such a test is necessary to ensure the national
            security of the United States;
              (2) to conduct such a test 18 months after such date;
            and
              (3) to conduct such a test 36 months after such date.
        (b) \28\ Biennial Update Report.--(1) Not later than
    February 15 of each odd-numbered year, the Secretary shall
    submit to the congressional defense committees a report
    containing an update of the report required under subsection
    (a), as updated by any report previously submitted under this
    paragraph.
    ---------------------------------------------------------------------------
        \28\ Sec. 3192(2) of Public Law 106-398 (114 Stat. 1654) added
    subsec. (b).
    ---------------------------------------------------------------------------
        (2) Each report under paragraph (1) shall include, as of
    the date of such report, the following:
              (A) A list and description of the workforce skills
            and capabilities that are essential to carry out
            underground nuclear tests at the Nevada Test Site.
              (B) A list and description of the infrastructure and
            physical plant that are essential to carry out
            underground nuclear tests at the Nevada Test Site.
              (C) A description of the readiness status of the
            skills and capabilities described in subparagraph (A)
            and of the infrastructure and physical plant described
            in subparagraph (B).
        (3) Each report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.

    SEC. 4209.\29\ REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
                        NUCLEAR WEAPONS.
    ---------------------------------------------------------------------------

        \29\ 50 U.S.C. 2529. Formerly at 42 U.S.C. 7271d, as sec. 3143 of
    this Act. Redesignated as sec. 4209 by sec. 3141(e)(10) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1759).
    ---------------------------------------------------------------------------
        (a) Requirement for Request for Funds for Development.--(1)
    In any fiscal year after fiscal year 2002 in which the
    Secretary of Energy plans to carry out activities described in
    paragraph (2) relating to the development of a new nuclear
    weapon or modified nuclear weapon, the Secretary shall
    specifically request funds for such activities in the budget of
    the President for that fiscal year under section 1105(a) of
    title 31, United States Code.
        (2) The activities described in this paragraph are as
    follows:
              (A) The conduct, or provision for conduct, of
            research and development which could lead to the
            production of a new nuclear weapon by the United
            States.
              (B) The conduct, or provision for conduct, of
            engineering or manufacturing to carry out the
            production of a new nuclear weapon by the United
            States.
              (C) The conduct, or provision for conduct, of
            research and development which could lead to the
            production of a modified nuclear weapon by the United
            States.
              (D) The conduct, or provision for conduct, of
            engineering or manufacturing to carry out the
            production of a modified nuclear weapon by the United
            States.
        (b) Budget Request Format.--The Secretary shall include in
    a request for funds under subsection (a) the following:
              (1) In the case of funds for activities described in
            subparagraph (A) or (C) of subsection (a)(2), a single
            dedicated line item for all such activities for new
            nuclear weapons or modified nuclear weapons that are in
            phase 1, 2, or 2A or phase 6.1, 6.2, or 6.2A (as the
            case may be), or any concept work prior to phase 1 or
            6.1 (as the case may be), of the nuclear weapons
            acquisition process.
              (2) In the case of funds for activities described in
            subparagraph (B) or (D) of subsection (a)(2), a
            dedicated line item for each such activity for a new
            nuclear weapon or modified nuclear weapon that is in
            phase 3 or higher or phase 6.3 or higher (as the case
            may be) of the nuclear weapons acquisition process.
        (c) Exception.--Subsection (a) shall not apply to funds for
    purposes of conducting, or providing for the conduct of,
    research and development, or manufacturing and engineering,
    determined by the Secretary to be necessary--
              (1) for the nuclear weapons life extension program;
              (2) to modify an existing nuclear weapon solely to
            address safety or reliability concerns; or
              (3) to address proliferation concerns.
        (d) Definitions.--In this section:
              (1) The term ``life extension program'' means the
            program to repair or replace non-nuclear components, or
            to modify the pit or canned subassembly, of nuclear
            weapons that are in the nuclear weapons stockpile on
            the date of the enactment of this Act in order to
            assure that such nuclear weapons retain the ability to
            meet the military requirements applicable to such
            nuclear weapons when first placed in the nuclear
            weapons stockpile.
              (2) The term ``modified nuclear weapon'' means a
            nuclear weapon that contains a pit or canned
            subassembly, either of which--
                      (A) is in the nuclear weapons stockpile as of
                    the date of the enactment of this Act; and
                      (B) is being modified in order to meet a
                    military requirement that is other than the
                    military requirements applicable to such
                    nuclear weapon when first placed in the nuclear
                    weapons stockpile.
              (3) The term ``new nuclear weapon'' means a nuclear
            weapon that contains a pit or canned subassembly,
            either of which is neither--
                      (A) in the nuclear weapons stockpile on the
                    date of the enactment of this Act; nor
                      (B) in production as of that date.

    SEC. 4210.\30\ LIMITATION ON UNDERGROUND NUCLEAR WEAPONS TESTS.

        No underground test of nuclear weapons may be conducted by
    the United States after September 30, 1996, unless a foreign
    state conducts a nuclear test after this date, at which time
    the prohibition on United States nuclear testing is lifted.
    ---------------------------------------------------------------------------
        \30\ 50 U.S.C. 2530. Sec. 3141(e)(11) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1760) redesignated sec. 507(f) of the Energy and Water Development
    Appropriations Act, 1993 as sec. 4210, striking out ``(f)''. Sec.
    3141(e)(11) of Public Law 108-136 cites the appropriations measure as
    Public Law 102-337; should read Public Law 102-377.
    ---------------------------------------------------------------------------

    SEC. 4211.\31\ TESTING OF NUCLEAR WEAPONS.

        (a) In General.--Of the funds authorized to be appropriated
    under section 3101(a)(2) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160) \32\ for the
    Department of Energy for fiscal year 1994 for weapons testing,
    $211,326,000 shall be available for infrastructure maintenance
    at the Nevada Test Site, and for maintaining the technical
    capability to resume underground nuclear testing at the Nevada
    Test Site.
    ---------------------------------------------------------------------------
        \31\ 50 U.S.C. 2531. Formerly at 42 U.S.C. 2121 note. Originally
    enacted as sec. 3137 of Public Law 103-160; redesignated by sec.
    3141(e)(12) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1760).
        \32\ Sec. 3141(e)(12)(D)(i) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1760) inserted
    ``of the National Defense Authorization Act for Fiscal Year 1994
    (Public Law 103-160)''.
    ---------------------------------------------------------------------------
        (b) Atmospheric Testing of Nuclear Weapons.--None of the
    funds appropriated pursuant to the National Defense
    Authorization Act for Fiscal Year 1994 \33\ or any other Act
    for any fiscal year may be available to maintain the capability
    of the United States to conduct atmospheric testing of a
    nuclear weapon.
    ---------------------------------------------------------------------------
        \33\ Sec. 3141(e)(12)(D)(ii) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1760) struck
    out ``this Act'' and inserted in lieu thereof ``the National Defense
    Authorization Act for Fiscal Year 1994''.
    ---------------------------------------------------------------------------
              * * * * * * *

                    TITLE XLIII--PROLIFERATION MATTERS \34\

    SEC. 4301.\35\ INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

        (a) Funding Prohibition.--No funds authorized to be
    appropriated or otherwise available to the Department of Energy
    for any fiscal year \36\ may be obligated or expended to
    conduct any activities associated with international
    cooperative stockpile stewardship.
    ---------------------------------------------------------------------------
        \34\ Sec. 3141(f)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1762) added title
    designation.
        \35\ 50 U.S.C. 2561. Formerly at 42 U.S.C. 7273c, at sec. 3133 of
    Public Law 105-85; redesignated by sec. 3141(f)(2) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1762).
        \36\ Sec. 3131 of Public Law 105-261 (112 Stat. 2246) struck out
    ``for fiscal year 1998'' and inserted in lieu thereof ``for any fiscal
    year''.
    ---------------------------------------------------------------------------
        (b) Exceptions.--Subsection (a) does not apply to the
    following:
              (1) Activities conducted between the United States
            and the United Kingdom.
              (2) Activities conducted between the United States
            and France.
              (3) Activities carried out under title XIV of the
            National Defense Authorization Act for Fiscal Year 1998
            (Public Law 105-85) \37\ relating to cooperative threat
            reduction with states of the former Soviet Union.
    ---------------------------------------------------------------------------
        \37\ Sec. 1069(b)(3) of Public Law 105-261 (112 Stat. 2136) struck
    out ``III'' and inserted in lieu thereof ``XIV''. Sec. 3141(f)(2)(D) of
    Public Law 108-136 (117 Stat. 1762) struck out ``this Act'' and
    inserted in lieu thereof ``the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85)''.
    ---------------------------------------------------------------------------

    SEC. 4302.\38\ NONPROLIFERATION INITIATIVES AND ACTIVITIES.

        (a) Initiative for Proliferation Prevention Program.--(1)
    Not more than 35 percent of the funds available in any fiscal
    year after fiscal year 1999 for the Initiatives for
    Proliferation Prevention program (IPP) may be obligated or
    expended by the Department of Energy national laboratories to
    carry out or provide oversight of any activities under that
    program.
    ---------------------------------------------------------------------------
        \38\ 50 U.S.C. 2562. Redesignated from sec. 3136 of Public Law 106-
    65 by sec. 3141(f)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1762).
    ---------------------------------------------------------------------------
        (2)(A) None of the funds available in any fiscal year after
    fiscal year 1999 for the Initiatives for Proliferation
    Prevention program may be used to increase or otherwise
    supplement the pay or benefits of a scientist or engineer if
    the scientist or engineer--
              (i) is currently engaged in activities directly
            related to the design, development, production, or
            testing of chemical or biological weapons or a missile
            system to deliver such weapons; or
              (ii) was not formerly engaged in activities directly
            related to the design, development, production, or
            testing of weapons of mass destruction or a missile
            system to deliver such weapons.
        (B) None of the funds available in any fiscal year after
    fiscal year 1999 for the Initiatives for Proliferation
    Prevention program may be made available to an institute if the
    institute--
              (i) is currently involved in activities described in
            subparagraph (A)(i); or
              (ii) was not formerly involved in activities
            described in subparagraph (A)(ii).
        (3)(A) No funds available for the Initiatives for
    Proliferation Prevention program may be provided to an
    institute or scientist under the program if the Secretary of
    Energy determines that the institute or scientist has made a
    scientific or business contact in any way associated with or
    related to weapons of mass destruction with a representative of
    a country of proliferation concern.
        (B) For purposes of this paragraph, the term ``country of
    proliferation concern'' means any country so designated by the
    Director of Central Intelligence for purposes of the
    Initiatives for Proliferation Prevention program.
        (4)(A) The Secretary of Energy shall prescribe procedures
    for the review of projects under the Initiatives for
    Proliferation Prevention program. The purpose of the review
    shall be to ensure the following:
              (i) That the military applications of such projects,
            and any information relating to such applications, is
            not inadvertently transferred or utilized for military
            purposes.
              (ii) That activities under the projects are not
            redirected toward work relating to weapons of mass
            destruction.
              (iii) That the national security interests of the
            United States are otherwise fully considered before the
            commencement of the projects.
        (B) Not later than 30 days after the date on which the
    Secretary prescribes the procedures required by subparagraph
    (A), the Secretary shall submit to Congress a report on the
    procedures. The report shall set forth a schedule for the
    implementation of the procedures.
        (5)(A) The Secretary shall evaluate the projects carried
    out under the Initiatives for Proliferation Prevention program
    for commercial purposes to determine whether or not such
    projects are likely to achieve their intended commercial
    objectives.
        (B) If the Secretary determines as a result of the
    evaluation that a project is not likely to achieve its intended
    commercial objective, the Secretary shall terminate the
    project.
        (6) Funds appropriated for the Initiatives for
    Proliferation Prevention program may not be used to pay any tax
    or customs duty levied by the government of the Russian
    Federation. In the event payment of such a tax or customs duty
    with such funds is unavoidable, the Secretary of Energy shall--
              (A) after such payment, submit a report to the
            congressional defense committees explaining the
            particular circumstances making such payment under the
            Initiatives for Proliferation Prevention program with
            such funds unavoidable; and
              (B) ensure that sufficient additional funds are
            provided to the Initiatives for Proliferation
            Prevention Program to offset the amount of such
            payment.
        (b) Nuclear Cities Initiative.--(1) No amounts authorized
    to be appropriated by title XXXI of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65) \39\
    for the Nuclear Cities Initiative may be obligated or expended
    for purposes of the initiative until the Secretary of Energy
    certifies to Congress that Russia has agreed to close some of
    its facilities engaged in work on weapons of mass destruction.
    ---------------------------------------------------------------------------
        \39\ Sec. 3141(f)(3)(D) of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1762) struck out
    ``this title'' and inserted in lieu thereof ``title XXXI of the
    National Defense Authorization Act for Fiscal Year 2000 (Public Law
    106-65)''.
    ---------------------------------------------------------------------------
        (2) Notwithstanding a certification under paragraph (1),
    amounts authorized to be appropriated by this title for the
    Nuclear Cities Initiative may not be obligated or expended for
    purposes of providing assistance under the initiative to more
    than three nuclear cities, and more than two serial production
    facilities, in Russia in fiscal year 2000.
        (3)(A) The Secretary shall conduct a study of the potential
    economic effects of each commercial program proposed under the
    Nuclear Cities Initiative before providing assistance for the
    conduct of the program. The study shall include an assessment
    regarding whether or not the mechanisms for job creation under
    each program are likely to lead to the creation of the jobs
    intended to be created by that program.
        (B) If the Secretary determines as a result of the study
    that the intended commercial benefits of a program are not
    likely to be achieved, the Secretary may not provide assistance
    for the conduct of that program.
        (4) Not later than January 1, 2000, the Secretary shall
    submit to Congress a report describing the participation in or
    contribution to the Nuclear Cities Initiative of each
    department and agency of the United States Government that
    participates in or contributes to the initiative. The report
    shall describe separately any interagency participation in or
    contribution to the initiative.
        (c) Report.--(1) Not later than January 1, 2000, the
    Secretary of Energy shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on the Initiatives for
    Proliferation Prevention program and the Nuclear Cities
    Initiative.
        (2) The report shall include the following:
              (A) A strategic plan for the Initiatives for
            Proliferation Prevention program and for the Nuclear
            Cities Initiative, which shall establish objectives for
            the program or initiative, as the case may be, and
            means for measuring the achievement of such objectives.
              (B) A list of the most successful projects under the
            Initiatives for Proliferation Prevention program,
            including for each such project the name of the
            institute and scientists who are participating or have
            participated in the project, the number of jobs created
            through the project, and the manner in which the
            project has met the nonproliferation objectives of the
            United States.
              (C) A list of the institutes and scientists
            associated with weapons of mass destruction programs or
            other defense-related programs in the states of the
            former Soviet Union that the Department seeks to engage
            in commercial work under the Initiatives for
            Proliferation Prevention program or the Nuclear Cities
            Initiative, including--
                      (i) a description of the work performed by
                    such institutes and scientists under such
                    weapons of mass destruction programs or other
                    defense-related programs; and
                      (ii) a description of any work proposed to be
                    performed by such institutes and scientists
                    under the Initiatives for Proliferation
                    Prevention program or the Nuclear Cities
                    Initiative.
        (d) Nuclear Cities Initiative Defined.--For purposes of
    this section, the term ``Nuclear Cities Initiative'' means the
    initiative arising pursuant to the March 1998 discussions
    between the Vice President of the United States and the Prime
    Minister of the Russian Federation and between the Secretary of
    Energy of the United States and the Minister of Atomic Energy
    of the Russian Federation.

    SEC. 4303.\40\ ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION,
                        CONTROL, AND ACCOUNTING PROGRAM.

        (a) Report Required.--Not later than January 1 of each
    year, the Secretary of Energy shall submit to the Committee on
    Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the status
    of efforts during the preceding fiscal year under the Nuclear
    Materials Protection, Control, and Accounting Program of the
    Department of Energy to secure weapons-usable nuclear materials
    in countries where such materials \41\ have been identified as
    being at risk for theft or diversion.
    ---------------------------------------------------------------------------
        \40\ 50 U.S.C. 2563. Sec. 3141(f)(4) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1763) redesignated sec. 3171 of Public Law 106-398, relating to annual
    reports on the status of nuclear materials protection, control, and
    accounting, as sec. 4303.
        \41\ Sec. 3153(a) of Public Law 107-314 (116 Stat. 2738) struck out
    ``Russia that'' and inserted in lieu thereof ``countries where such
    materials''.
    ---------------------------------------------------------------------------
        (b) Contents.--Each report under subsection (a) shall
    include the following:
              (1) The number of buildings, including building
            locations in each country covered by subsection
            (a),\42\ that received complete and integrated
            materials protection, control, and accounting systems
            for nuclear materials described in subsection (a)
            during the year covered by such report.
    ---------------------------------------------------------------------------
        \42\ Sec. 3153(b)(1) of Public Law 107-314 (116 Stat. 2738)
    inserted ``in each country covered by subsection (a)'' after
    ``locations''.
    ---------------------------------------------------------------------------
              (2) The amounts of highly enriched uranium and
            plutonium in each such country \43\ that have been
            secured under systems described in paragraph (1) as of
            the date of such report.
    ---------------------------------------------------------------------------
        \43\ Sec. 3153(b)(2) of Public Law 107-314 (116 Stat. 2738) struck
    out ``in Russia'' and inserted in lieu thereof ``in each such
    country''.
    ---------------------------------------------------------------------------
              (3) The amount of nuclear materials described in
            subsection (a) in each such country \44\ that continues
            to require securing under systems described in
            paragraph (1) as of the date of such report.
    ---------------------------------------------------------------------------
        \44\ Sec. 3153(b)(3) of Public Law 107-314 (116 Stat. 2738)
    inserted ``in each such country'' after ``subsection (a)''.
    ---------------------------------------------------------------------------
              (4) A plan for actions to secure the nuclear
            materials identified in paragraph (3) under systems
            described in paragraph (1), including an estimate of
            the cost of such actions.
              (5) The amounts expended through the fiscal year
            preceding the date of such report to secure nuclear
            materials described in subsection (a) under systems
            described in paragraph (1), set forth by total amount
            per country and by amount per fiscal year per
            country.\45\
    ---------------------------------------------------------------------------
        \45\ Sec. 3153(b)(4) of Public Law 107-314 (116 Stat. 2738) struck
    out ``by total amount and by amount per fiscal year'' and inserted in
    lieu thereof ``by total amount per country and by amount per fiscal
    year per country''.
    ---------------------------------------------------------------------------
        (c) Limitation on Use of Certain Funds.--(1) No amounts
    authorized to be appropriated for the Department of Energy by
    the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (as enacted into law by Public Law 106-398)
    \46\ or any other Act for purposes of the Nuclear Materials
    Protection, Control, and Accounting Program may be obligated or
    expended after September 30, 2000, for any project under the
    program at a site controlled by the Russian Ministry of Atomic
    Energy (MINATOM) in Russia until the Secretary submits to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report on the
    access policy established with respect to such project,
    including a certification that the access policy has been
    implemented.
    ---------------------------------------------------------------------------
        \46\ Sec. 3141(f)(4) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1763) struck out ``this
    Act'' and inserted in lieu thereof ``the Floyd D. Spence National
    Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398)''.
    ---------------------------------------------------------------------------
        (2) The access policy with respect to a project under this
    subsection shall--
              (A) permit appropriate determinations by United
            States officials regarding security requirements,
            including security upgrades, for the project; and
              (B) ensure verification by United States officials
            that Department of Energy assistance at the project is
            being used for the purposes intended.

    SEC. 4304.\47\ NUCLEAR CITIES INITIATIVE.

        (a) In General.--(1) The Secretary of Energy may, in
    accordance with the provisions of this section, expand and
    enhance the activities of the Department of Energy under the
    Nuclear Cities Initiative.
    ---------------------------------------------------------------------------
        \47\ 50 U.S.C. 2564. Sec. 3141(f)(5) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1763) redesignated sec. 3172 of Public Law 106-398 as sec. 4304.
    ---------------------------------------------------------------------------
        (2) In this section, the term ``Nuclear Cities Initiative''
    means the initiative arising pursuant to the joint statement
    dated July 24, 1998, signed by the Vice President of the United
    States and the Prime Minister of the Russian Federation and the
    agreement dated September 22, 1998, between the United States
    and the Russian Federation.
        (b) Funding for Fiscal Year 2001.--There is hereby
    authorized to be appropriated for the Department of Energy for
    fiscal year 2001 $30,000,000 for purposes of the Nuclear Cities
    Initiative.
        (c) Limitation Pending Submission of Agreement.--No amount
    authorized to be appropriated or otherwise made available for
    the Department of Energy for fiscal year 2001 for the Nuclear
    Cities Initiative may be obligated or expended to provide
    assistance under the Initiative for more than three nuclear
    cities in Russia and two serial production facilities in Russia
    until 30 days after the date on which the Secretary of Energy
    submits to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives
    a copy of a written agreement between the United States
    Government and the Government of the Russian Federation which
    provides that Russia will close some of its facilities engaged
    in nuclear weapons assembly and disassembly work.
        (d) Limitation Pending Implementation of Project Review
    Procedures.--(1) Not more than $8,750,000 of the amounts
    referred to in subsection (b) may be obligated or expended for
    purposes of the Initiative until the Secretary of Energy
    establishes and implements project review procedures for
    projects under the Initiative and submits to the Committee on
    Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the
    project review procedures so established and implemented.
        (2) The project review procedures established under
    paragraph (1) shall ensure that any scientific, technical, or
    commercial project initiated under the Initiative--
              (A) will not enhance the military or weapons of mass
            destruction capabilities of Russia;
              (B) will not result in the inadvertent transfer or
            utilization of products or activities under such
            project for military purposes;
              (C) will be commercially viable; and
              (D) will be carried out in conjunction with an
            appropriate commercial, industrial, or nonprofit entity
            as partner.
        (e) Limitation Pending Certification and Report.--No amount
    in excess of $17,500,000 authorized to be appropriated for the
    Department of Energy for fiscal year 2001 for the Nuclear
    Cities Initiative may be obligated or expended for purposes of
    providing assistance under the Initiative until 30 days after
    the date on which the Secretary of Energy submits to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives the following:
              (1) A copy of the written agreement between the
            United States and the Russian Federation which provides
            that Russia will close some of its facilities engaged
            in nuclear weapons assembly and disassembly work within
            five years of the date of the agreement in exchange for
            receiving assistance through the Initiative.
              (2) A certification by the Secretary--
                      (A) that project review procedures for all
                    projects under the Initiative have been
                    established and are being implemented; and
                      (B) that those procedures will ensure that
                    any scientific, technical, or commercial
                    project initiated under the Initiative--
                              (i) will not enhance the military or
                            weapons of mass destruction
                            capabilities of Russia;
                              (ii) will not result in the
                            inadvertent transfer or utilization of
                            products or activities under such
                            project for military purposes;
                              (iii) will be commercially viable
                            within three years after the date of
                            the initiation of the project; and
                              (iv) will be carried out in
                            conjunction with an appropriate
                            commercial, industrial, or other
                            nonprofit entity as partner.
              (3) A report setting forth the following:
                      (A) A description of the project review
                    procedures process.
                      (B) A list of the projects under the
                    Initiative that have been reviewed under such
                    project review procedures.
                      (C) A description for each project listed
                    under subparagraph (B) of the purpose, expected
                    life-cycle costs, out-year budget costs,
                    participants, commercial viability, expected
                    time for income generation, and number of
                    Russian jobs created.
        (f) Plan for Restructuring the Russian Nuclear Complex.--
    (1) The President, acting through the Secretary of Energy, is
    urged to enter into discussions with the Russian Federation for
    purposes of the development by the Russian Federation of a plan
    to restructure the Russian nuclear complex in order to meet
    changes in the national security requirements of Russia by
    2010.
        (2) The plan under paragraph (1) should include the
    following:
              (A) Mechanisms to consolidate the nuclear weapons
            production capacity in Russia to a capacity that is
            consistent with the obligations of Russia under current
            and future arms control agreements.
              (B) Mechanisms to increase transparency regarding the
            restructuring of the Russian nuclear complex and
            weapons-surplus nuclear materials inventories in Russia
            to the levels of transparency for such matters in the
            United States, including the participation of
            Department of Energy officials with expertise in
            transparency of such matters.
              (C) Measurable milestones that will permit the United
            States and the Russian Federation to monitor progress
            under the plan.
        (g) Encouragement of Careers in Nonproliferation.--(1) In
    carrying out actions under this section, the Secretary of
    Energy may carry out a program to encourage students in the
    United States and in the Russian Federation to pursue careers
    in areas relating to nonproliferation.
        (2) Of the amounts made available under the Initiative for
    fiscal year 2001 in excess of $17,500,000, up to $2,000,000
    shall be available for purposes of the program under paragraph
    (1).
        (3) The Administrator for Nuclear Security shall notify the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives before any funds
    are expended pursuant to paragraph (2). Any such notification
    shall include--
              (A) an identification of the amount to be expended
            under paragraph (2) during fiscal year 2001;
              (B) the recipients of the funds; and
              (C) specific information on the activities that will
            be conducted using those funds.
        (h) Definitions.--In this section:
              (1) The term ``nuclear city'' means any of the closed
            nuclear cities within the complex of the Russian
            Ministry of Atomic Energy as follows:
                      (A) Sarov (Arzamas-16).
                      (B) Zarechnyy (Penza-19).
                      (C) Novoural'sk (Sverdlovsk-44).
                      (D) Lesnoy (Sverdlovsk-45).
                      (E) Ozersk (Chelyabinsk-65).
                      (F) Snezhinsk (Chelyabinsk-70).
                      (G) Trechgornyy (Zlatoust-36).
                      (H) Seversk (Tomsk-7).
                      (I) Zheleznogorsk (Krasnoyarsk-26).
                      (J) Zelenogorsk (Krasnoyarsk-45).
              (2) The term ``Russian nuclear complex'' means all of
            the nuclear cities.
              (3) The term ``serial production facilities'' means
            the facilities in Russia that are located at the
            following cities:
                      (A) Avangard.
                      (B) Lesnoy (Sverdlovsk-45).
                      (C) Trechgornyy (Zlatoust-36).
                      (D) Zarechnyy (Penza-19).

    SEC. 4305.\48\ AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE
                        MATERIALS.

        The Secretary of Energy may conduct programs designed to
    improve the protection, control, and accountability of fissile
    materials in Russia.
    ---------------------------------------------------------------------------
        \48\ 50 U.S.C. 2565; formerly at 22 U.S.C. 5952 note. Sec.
    3141(f)(6) of the National Defense Authorization Act for Fiscal Year
    2004 (Public Law 108-136; 117 Stat. 1763) redesignated sec. 3131 of
    Public Law 104-106 as sec. 4305.
        Previously, sec. 3152 of Public Law 107-314 (116 Stat. 2738) struck
    out ``(a) Authority.--'' and struck out subsec. (b), which had required
    the Secretary of Energy to report to Congress semiannually on the
    obligation of funds under this section.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        \49\ Sec. 3141(h)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1771) added title and
    subtitle heading.
    ---------------------------------------------------------------------------

                TITLE XLV--SAFEGUARDS AND SECURITY MATTERS \49\

                    Subtitle A--Safeguards and Security \49\

    SEC. 4501.\50\ PROHIBITION ON INTERNATIONAL INSPECTIONS OF DEPARTMENT
                        OF ENERGY FACILITIES UNLESS PROTECTION OF
                        RESTRICTED DATA IS CERTIFIED.

        (a) Prohibition on Inspections.--The \51\ Secretary of
    Energy may not allow an inspection of a nuclear weapons
    facility by the International Atomic Energy Agency until the
    Secretary certifies to Congress that no restricted data will be
    revealed during such inspection.
    ---------------------------------------------------------------------------
        \50\ 50 U.S.C. 2651. Sec. 3141(h)(2) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1771) redesignated sec. 3154, previously at 42 U.S.C. 2164 note, as
    sec. 4501.
        \51\ Sec. 3141(h)(2)(D)(i) of Public Law 108-136 (117 Stat. 1771)
    struck out ``(1) The'' and inserted in lieu thereof ``The''.
    ---------------------------------------------------------------------------
        (c) \52\ Restricted Data Defined.--In this section, the
    term ``restricted data'' has the meaning provided by section 11
    y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
    ---------------------------------------------------------------------------
        \52\ Sec. 3141(h)(2)(D)(ii) of Public Law 108-136 (117 Stat. 1771)
    struck out ``(2) For purposes of paragraph (1),'' and inserted in lieu
    thereof ``(c) Restricted Data Defined.--In this section,'', which
    resulted in subsec. (c) preceding subsec. (b).
    ---------------------------------------------------------------------------
        (b) Extension of Notice-and-Wait Requirement Regarding
    Proposed Cooperation Agreements.--Section 3155(b) of the
    National Defense Authorization Act for Fiscal Year 1995 (Public
    Law 103-337; 108 Stat. 3092) is amended by striking out
    ``December 31, 1995'' and inserting in lieu thereof ``October
    1, 1996''.

    SEC. 4502.\53\ RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY
                        FOREIGN VISITORS FROM SENSITIVE COUNTRIES.

        (a) Background Review Required.--The Secretary of Energy
    may not admit to any facility of a national laboratory other
    than areas accessible to the general public any individual who
    is a citizen or agent of a nation that is named on the current
    sensitive countries list unless the Secretary first completes a
    background review with respect to that individual.
    ---------------------------------------------------------------------------
        \53\ 50 U.S.C. 2652; formerly at 42 U.S.C. 7383c. Sec. 3141(h)(3)
    of the National Defense Authorization Act for Fiscal Year 2004 (Public
    Law 108-136; 117 Stat. 1771) redesignated sec. 3146 of Public Law 106-
    65 as sec. 4502.
    ---------------------------------------------------------------------------
        (b) Moratorium Pending Certification.--(1) During the
    period described in paragraph (2), the Secretary may not admit
    to any facility of a national laboratory other than areas
    accessible to the general public any individual who is a
    citizen or agent of a nation that is named on the current
    sensitive countries list.
        (2) The period referred to in paragraph (1) is the period
    beginning on November 4, 1999,\54\ and ending on the later of
    the following:
    ---------------------------------------------------------------------------
        \54\ Sec. 3141(h)(3)(D)(i)(I) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1771) struck
    out ``30 days after the date of the enactment of this Act'' and
    inserted ``on November 4, 1999,''.
    ---------------------------------------------------------------------------
              (A) January 3, 2000.\55\
    ---------------------------------------------------------------------------
        \55\ Sec. 3141(h)(3)(D)(i)(II) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1771) struck out ``The date that is 90 days after the date of the
    enactment of this Act'' and inserted in lieu thereof ``January 3,
    2000''.
    ---------------------------------------------------------------------------
              (B) The date that is 45 days after the date on which
            the Secretary submits to Congress the certifications
            described in paragraph (3).
        (3) The certifications referred to in paragraph (2) are one
    certification each by the Director of Counterintelligence of
    the Department of Energy, the Director of the Federal Bureau of
    Investigation, and the Director of Central Intelligence, of
    each of the following:
              (A) That the foreign visitors program at that
            facility complies with applicable orders, regulations,
            and policies of the Department of Energy relating to
            the safeguarding and security of sensitive information
            and fulfills any counterintelligence requirements
            arising under such orders, regulations, and policies.
              (B) That the foreign visitors program at that
            facility complies with Presidential Decision Directives
            and similar requirements relating to the safeguarding
            and security of sensitive information and fulfills any
            counterintelligence requirements arising under such
            Directives or requirements.
              (C) That the foreign visitors program at that
            facility includes adequate protections against the
            inadvertent release of Restricted Data, information
            important to the national security of the United
            States, and any other sensitive information the
            disclosure of which might harm the interests of the
            United States.
              (D) That the foreign visitors program at that
            facility does not pose an undue risk to the national
            security interests of the United States.
        (c) Waiver of Moratorium.--(1) The Secretary of Energy may
    waive the prohibition in subsection (b) on a case-by-case basis
    with respect to any specific individual or any specific
    delegation of individuals whose admission to a national
    laboratory is determined by the Secretary to be in the interest
    of the national security of the United States.
        (2) Not later than the seventh day of the month following a
    month in which a waiver is made, the Secretary shall submit a
    report in writing providing notice of each waiver made in that
    month to the following:
              (A) The Committee on Armed Services and the Select
            Committee on Intelligence of the Senate.
              (B) The Committee on Armed Services and the Permanent
            Select Committee on Intelligence of the House of
            Representatives.
        (3) Each such report shall be in classified form and shall
    contain the identity of each individual or delegation for whom
    such a waiver was made and, with respect to each such
    individual or delegation, the following information:
              (A) A detailed justification for the waiver.
              (B) For each individual with respect to whom a
            background review was conducted, whether the background
            review determined that negative information exists with
            respect to that individual.
              (C) The Secretary's certification that the admission
            of that individual or delegation to a national
            laboratory is in the interest of the national security
            of the United States.
        (4) The authority of the Secretary under paragraph (1) may
    be delegated only to the Director of Counterintelligence of the
    Department of Energy.
        (d) Exception to Moratorium for Certain Individuals.--The
    moratorium under subsection (b) shall not apply to any person
    who--
              (1) is, on October 5, 1999,\56\ an employee or
            assignee of the Department of Energy, or of a
            contractor of the Department; and
    ---------------------------------------------------------------------------
        \56\ Sec. 3141(h)(3)(D)(ii) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1772) struck
    out ``the date of the enactment of this Act,'' and inserted in lieu
    thereof ``October 5, 1999,''.
    ---------------------------------------------------------------------------
              (2) has undergone a background review in accordance
            with subsection (a).
        (e) Exception to Moratorium for Certain Programs.--The
    moratorium under subsection (b) shall not apply--
              (1) to activities relating to cooperative threat
            reduction with states of the former Soviet Union; or
              (2) to the materials protection control and
            accounting program of the Department.
        (f) Sense of Congress Regarding Background Reviews.--It is
    the sense of Congress that the Secretary of Energy, the
    Director of the Federal Bureau of Investigation, and the
    Director of Central Intelligence should ensure that background
    reviews carried out under this section are completed in not
    more than 15 days.
        (g) Definitions.--For purposes of this section:
              (1) The term ``background review'', commonly known as
            an indices check, means a review of information
            provided by the Director of Central Intelligence and
            the Director of the Federal Bureau of Investigation
            regarding personal background, including information
            relating to any history of criminal activity or to any
            evidence of espionage.
              (2) The term ``sensitive countries list'' means the
            list prescribed by the Secretary of Energy known as the
            Department of Energy List of Sensitive Countries as in
            effect on January 1, 1999.
              (3) \57\ The term ``national laboratory'' means any
            of the following:
    ---------------------------------------------------------------------------
        \57\ Sec. 3141(h)(3)(D)(iii) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1772) added
    paras. (3) and (4).
    ---------------------------------------------------------------------------
              (4) \57\ The term ``Restricted Data'' has the meaning
            given that term in section 11 y. of the Atomic Energy
            Act of 1954 (42 U.S.C. 2014(y)).
              * * * * * * *
               i. Department of Defense Appropriations Act, 2003

        Partial text of Public Law 107-248 [H.R. 5010], 116 Stat. 1519,
     approved October 23, 2002; as amended by Public Law 108-84 [H.J. Res.
     69], 117 Stat. 1042, approved September 30, 2003; Public Law 108-104
     [H.J. Res. 75], 117 Sat. 1200, approved October 31, 2002; Public Law
    108-107 [H.J. Res. 76], 117 Stat. 1240, approved November 7, 2003; and
    by Public Law 108-135 [H.J. Res. 79], 117 Stat. 1391, approved November
                                    22, 2003

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 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, for military functions administered by the
    Department of Defense, and for other purposes, namely:
              * * * * * * *

                                   TITLE VIII

                               GENERAL PROVISIONS

              * * * * * * *
        Sec. 8073.\1\ During the current fiscal year and hereafter,
    the Secretary of Defense may waive reimbursement of the cost of
    conferences, seminars, courses of instruction, or similar
    educational activities of the Asia-Pacific Center for Security
    Studies for military officers and civilian officials of foreign
    nations if the Secretary determines that attendance by such
    personnel, without reimbursement, is in the national security
    interest of the United States: Provided, That costs for which
    reimbursement is waived pursuant to this section shall be paid
    from appropriations available for the Asia-Pacific Center.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. note prec. 2161.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8093.\2\ During the current fiscal year and hereafter,
    under regulations prescribed by the Secretary of Defense, the
    Center of Excellence for Disaster Management and Humanitarian
    Assistance may also pay, or authorize payment for, the expenses
    of providing or facilitating education and training for
    appropriate military and civilian personnel of foreign
    countries in disaster management, peace operations, and
    humanitarian assistance.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 182 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8132.\3\ The budget of the President for fiscal year
    2004 submitted to the Congress pursuant to section 1105 of
    title 31, United States Code, and each annual budget request
    thereafter, shall include separate budget justification
    documents for costs of United States Armed Forces'
    participation in contingency operations for the Military
    Personnel accounts, the Overseas Contingency Operations
    Transfer Fund, the Operation and Maintenance accounts, and the
    Procurement accounts: Provided, That these budget justification
    documents shall include a description of the funding requested
    for each anticipated contingency operation, for each military
    service, to include active duty and Guard and Reserve
    components, and for each appropriation account: Provided
    further, That these documents shall include estimated costs for
    each element of expense or object class, a reconciliation of
    increases and decreases for ongoing contingency operations, and
    programmatic data including, but not limited to troop strength
    for each active duty and Guard and Reserve component, and
    estimates of the major weapons systems deployed in support of
    each contingency: Provided further, That these documents shall
    include budget exhibits OP-5 and OP-32, as defined in the
    Department of Defense Financial Management Regulation, for the
    Overseas Contingency Operations Transfer Fund for fiscal years
    2002 and 2003.
    ---------------------------------------------------------------------------
        \3\ 10 U.S.C. 221 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8144. (a) The conditions described in section 1305 of
    the National Defense Authorization Act for Fiscal Year 2000
    (Public Law 106-65; 22 U.S.C. 5952 note) shall not apply to the
    obligation and expenditure of funds for fiscal years 2000,
    2001, 2002 and 2003 for the planning, design, or construction
    of a chemical weapons destruction facility in Russia if the
    President submits to Congress a written certification that
    includes--
              (1) a statement as to why waiving the conditions is
            important to the national security interests of the
            United States;
              (2) a full and complete justification for exercising
            this waiver; and
              (3) a plan to promote a full and accurate disclosure
            by Russia regarding the size, content, status, and
            location of its chemical weapons stockpile.
        (b) Expiration of Authority.--The authority under paragraph
    (a) shall expire on January 31, 2004.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 135 of Public Law 108-84 (117 Stat. 1048) struck out
    ``September 30, 2003'' and inserted in lieu thereof ``October 31,
    2003''. Subsequently Sec. 3 of Public Law 108-104 (117 Sat. 1200)
    struck out ``October 31, 2003'' and inserted in lieu thereof ``November
    7, 2003''. Sec. 2 of Public Law 108-107 (117 Stat. 1240) struck out
    ``November 7, 2003'' and inserted in lieu thereof ``November 21,
    2003''. Sec. 2 of Public Law 108-135 (117 Stat. 1391) struck out
    ``November 21, 2003'' and inserted in lieu thereof ``January 31,
    2004''.
    ---------------------------------------------------------------------------
              * * * * * * *
        This Act may be cited as the ``Department of Defense
    Appropriations Act, 2003''.
           j. National Defense Authorization Act for Fiscal Year 2002

    Partial text of Public Law 107-107 [S. 1438], 115 Stat. 1012, approved
                               December 28, 2001

     AN ACT To authorize appropriations for fiscal year 2002 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2002''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        (a) Authorization of Appropriations.--Funds are hereby
    authorized to be appropriated for fiscal year 2002 for the use
    of the Armed Forces and other activities and agencies of the
    Department of Defense for expenses, not otherwise provided for,
    for operation and maintenance, in amounts as follows: * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $49,700,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $820,381,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $403,000,000.
              (24) For Overseas Contingency Operations Transfer
            Fund, $2,844,226,000.
              * * * * * * *
        (b) Adjustment.--The total amount authorized to be
    appropriated pursuant to paragraphs (1) through (5) of
    subsection (a) is the sum of the amounts authorized to be
    appropriated in such paragraphs, reduced by $125,000,000, which
    represents savings resulting from reduced energy costs.
              * * * * * * *

    SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER EXPANDED
                        ARABIC LANGUAGE PROGRAM.

        Of the amount authorized to be appropriated by section
    301(a)(1) for operation and maintenance for the Army, $650,000
    may be available for the Defense Language Institute Foreign
    Language Center for an expanded Arabic language program.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty
    personnel as of September 30, 2002, as follows:
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 480,000.
              (2) The Navy, 376,000.
              (3) The Marine Corps, 172,600.
              (4) The Air Force, 358,800.

    SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

        Section 691(b) of title 10, United States Code, is
    amended--* * *
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2002.

        (a) Fiscal Year 2002 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2002 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 2001, of funds appropriated for fiscal
            years before fiscal year 2002 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $708,000 for the Civil Budget.
              (2) Of the amount provided in section 301(a)(1),
            $175,849,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.

    SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING
                        OPERATIONS FOR FISCAL YEAR 2002.

        (a) Limitation.--Of the amounts authorized to be
    appropriated by section 301(a)(24) for the Overseas Contingency
    Operations Transfer Fund--
              (1) no more than $1,315,600,000 may be obligated for
            incremental costs of the Armed Forces for Bosnia
            peacekeeping operations; and
              (2) no more than $1,528,600,000 may be obligated for
            incremental costs of the Armed Forces for Kosovo
            peacekeeping operations.
        (b) Presidential Waiver.--The President may waive the
    limitation in subsection (a)(1), or the limitation in
    subsection (a)(2), after submitting to Congress the following:
              (1) The President's written certification that the
            waiver is necessary in the national security interests
            of the United States.
              (2) The President's written certification that
            exercising the waiver will not adversely affect the
            readiness of United States military forces.
              (3) A report setting forth the following:
                      (A) The reasons that the waiver is necessary
                    in the national security interests of the
                    United States.
                      (B) The specific reasons that additional
                    funding is required for the continued presence
                    of United States military forces participating
                    in, or supporting, Bosnia peacekeeping
                    operations, or Kosovo peacekeeping operations,
                    as the case may be, for fiscal year 2002.
                      (C) A discussion of the impact on the
                    military readiness of United States Armed
                    Forces of the continuing deployment of United
                    States military forces participating in, or
                    supporting, Bosnia peacekeeping operations, or
                    Kosovo peacekeeping operations, as the case may
                    be.
              (4) A supplemental appropriations request for the
            Department of Defense for such amounts as are necessary
            for the additional fiscal year 2002 costs associated
            with United States military forces participating in, or
            supporting, Bosnia or Kosovo peacekeeping operations.
        (c) Peacekeeping Operations Defined.--For the purposes of
    this section:
              (1) The term ``Bosnia peacekeeping operations'' has
            the meaning given such term in section 1004(e) of the
            Strom Thurmond National Defense Authorization Act for
            Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
              (2) The term ``Kosovo peacekeeping operations''--
                      (A) means the operation designated as
                    Operation Joint Guardian and any other
                    operation involving the participation of any of
                    the Armed Forces in peacekeeping or peace
                    enforcement activities in and around Kosovo;
                    and
                      (B) includes, with respect to Operation Joint
                    Guardian or any such other operation, each
                    activity that is directly related to the
                    support of the operation.

    SEC. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE PROGRAM.

        The total amount authorized to be appropriated for the
    National Foreign Intelligence Program for fiscal year 2002 is
    the sum of the following:
              (1) The total amount set forth for the National
            Foreign Intelligence Program for fiscal year 2002 in
            the message of the President to Congress transmitted by
            the President on June 27, 2001, and printed as House
            Document 107-92, captioned ``Communication of the
            President of the United States Transmitting Requests
            for Fiscal Year 2002 Budget Amendments for the
            Department of Defense''.
              (2) The total amount, if any, appropriated for the
            National Foreign Intelligence Program for fiscal year
            2002 pursuant to the 2001 Emergency Supplemental
            Appropriations Act for Recovery from and Response to
            Terrorist Attacks on the United States (Public Law 107-
            38; 115 Stat. 220-221).
              (3) The total amount, if any, appropriated for the
            National Foreign Intelligence Program for fiscal year
            2002 in any law making supplemental appropriations for
            fiscal year 2002 that is enacted during the second
            session of the 107th Congress.
              * * * * * * *

                    Subtitle B--Naval Vessels and Shipyards

    SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
                        COUNTRIES.

        (a) Transfers by Grant.--The President is authorized to
    transfer vessels to foreign countries on a grant basis under
    section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j) as follows:
              (1) Poland.--To the Government of Poland, the OLIVER
            HAZARD PERRY class guided missile frigate WADSWORTH
            (FFG 9).
              (2) Turkey.--To the Government of Turkey, the KNOX
            class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF
            1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084),
            REASONER (FF 1063), and BOWEN (FF 1079).
        (b) Transfers by Sale.--The President is authorized to
    transfer vessels to foreign governments and foreign
    governmental entities on a sale basis under section 21 of the
    Arms Export Control Act (22 U.S.C. 2761) as follows:
              (1) Taiwan.--To the Taipei Economic and Cultural
            Representative Office in the United States (which is
            the Taiwan instrumentality designated pursuant to
            section 10(a) of the Taiwan Relations Act), the KIDD
            class guided missile destroyers KIDD (DDG 993),
            CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG
            996).
              (2) Turkey.--To the Government of Turkey, the OLIVER
            HAZARD PERRY class guided missile frigates ESTOCIN (FFG
            15) and SAMUEL ELIOT MORISON (FFG 13).
        (c) Grants Not Counted in Annual Total of Transferred
    Excess Defense Articles.--The value of a vessel transferred to
    another country on a grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
    authority provided by subsection (a) shall not be counted for
    the purposes of subsection (g) of that section in the aggregate
    value of excess defense articles transferred to countries under
    that section in any fiscal year.
        (d) Costs of Transfers on Grant Basis.--Any expense
    incurred by the United States in connection with a transfer
    authorized by this section shall be charged to the recipient
    (notwithstanding section 516(e)(1) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer
    authorized to be made on a grant basis under subsection (a).
        (e) Waiver Authority.--For a vessel transferred on a grant
    basis pursuant to authority provided by subsection (a)(2), the
    President may waive reimbursement of charges for the lease of
    that vessel under section 61(a) of the Arms Export Control Act
    (22 U.S.C. 2796(a)) for a period of one year before the date of
    the transfer of that vessel.
        (f) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the President shall require,
    as a condition of the transfer of a vessel under this section,
    that the country to which the vessel is transferred have such
    repair or refurbishment of the vessel as is needed, before the
    vessel joins the naval forces of that country, performed at a
    shipyard located in the United States, including a United
    States Navy shipyard.
        (g) Expiration of Authority.--The authority to transfer a
    vessel under this section shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.
              * * * * * * *

                      Subtitle C--Counter-Drug Activities

    SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE DEPARTMENT
                        OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
                        OTHER GOVERNMENTAL AGENCIES.

        Section 1004 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) is
    amended to read as follows: * * *

    SEC. 1022. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF
                        DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-
                        DRUG ACTIVITIES.

        Section 1022 of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398; 114 Stat. 1654A-255) is amended--* * *
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

           Subtitle A--Matters Related to Arms Control and Monitoring

    Sec. 1201. Clarification of authority to furnish nuclear test monitoring
              equipment to foreign governments.
    Sec. 1202. Limitation on funding for Joint Data Exchange Center in
              Moscow.
    Sec. 1203. Support of United Nations-sponsored efforts to inspect and
              monitor Iraqi weapons activities.
    Sec. 1204. Authority for employees of Federal Government contractors to
              accompany chemical weapons inspection teams at Government-
              owned facilities.
    Sec. 1205. Plan for securing nuclear weapons, material, and expertise of
              the states of the former Soviet Union.

       Subtitle B--Matters Relating to Allies and Friendly Foreign Nations

    Sec. 1211. Acquisition of logistical support for security forces.
    Sec. 1212. Extension of authority for international cooperative research
              and development projects.
    Sec. 1213. Cooperative agreements with foreign countries and
              international organizations for reciprocal use of test
              facilities.
    Sec. 1214. Sense of Congress on allied defense burdensharing.

                               Subtitle C--Reports

    Sec. 1221. Report on significant sales and transfers of military
              hardware, expertise, and technology to the People's Republic
              of China.
    Sec. 1222. Repeal of requirement for reporting to Congress on military
              deployments to Haiti.
    Sec. 1223. Report by Comptroller General on provision of defense
              articles, services, and military education and training to
              foreign countries and international organizations.

         Subtitle A--Matters Related to Arms Control and Monitoring \2\

              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

      Subtitle B--Matters Relating to Allies and Friendly Foreign Nations

    SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY FORCES.

        Section 5 of the Multinational Force and Observers
    Participation Resolution (22 U.S.C. 3424) is amended by adding
    at the end the following new subsection: * * * \3\
    ---------------------------------------------------------------------------
        \3\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. II, sec. G.
    ---------------------------------------------------------------------------

    SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE
                        RESEARCH AND DEVELOPMENT PROJECTS.

        (a) Eligibility of Friendly Foreign Countries.--Section
    2350a of title 10, United States Code, is amended--* * *

    SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND
                        INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL USE OF
                        TEST FACILITIES.

        (a) Authority.--Subchapter II of chapter 138 of title 10,
    United States Code, is amended by adding at the end the
    following new section:

    ``Sec. 2350l. Cooperative agreements for reciprocal use of test
                        facilities: foreign countries and international
                        organizations * * *

    SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.

        It is the sense of Congress that--
              (1) the efforts of the President to increase defense
            burdensharing by allied and friendly nations deserve
            strong support; and
              (2) host nation support agreements with those nations
            in which United States military personnel are assigned
            to permanent duty ashore should be negotiated
            consistent with section 1221(a)(1) of the National
            Defense Authorization Act for Fiscal Year 1998 (Public
            Law 105-85; 50 U.S.C. 1541(a)(1)), which sets forth a
            goal of obtaining from any such host nation financial
            contributions that amount to 75 percent of the
            nonpersonnel costs incurred by the United States
            Government for stationing United States military
            personnel in that nation.

                              Subtitle C--Reports

    SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY
                        HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S
                        REPUBLIC OF CHINA.

        Section 1202 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C.
    113 note) is amended by adding at the end the following new
    subsection: * * *

    SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON MILITARY
                        DEPLOYMENTS TO HAITI.

        Section 1232(b) of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788; 50
    U.S.C. 1541 note) is repealed.

    SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF DEFENSE
                        ARTICLES, SERVICES, AND MILITARY EDUCATION AND
                        TRAINING TO FOREIGN COUNTRIES AND INTERNATIONAL
                        ORGANIZATIONS.

        (a) Study.--The Comptroller General shall conduct a study
    of the following:
              (1) The benefits derived by each foreign country or
            international organization from the receipt of defense
            articles, defense services, or military education and
            training provided after December 31, 1989, pursuant to
            the drawdown of such articles, services, or education
            and training from the stocks of the Department of
            Defense under section 506, 516, or 552 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2318, 2321j, or
            2348a) or any other provision of law.
              (2) Any benefits derived by the United States from
            the provision of defense articles, defense services,
            and military education and training described in
            paragraph (1).
              (3) The effect on the readiness of the Armed Forces
            as a result of the provision by the United States of
            defense articles, defense services, and military
            education and training described in paragraph (1).
              (4) The cost to the Department of Defense with
            respect to the provision of defense articles, defense
            services, and military education and training described
            in paragraph (1).
        (b) Reports.--(1) Not later than April 15, 2002, the
    Comptroller General shall submit to Congress an interim report
    containing the results to that date of the study conducted
    under subsection (a).
        (2) Not later than August 1, 2002, the Comptroller General
    shall submit to Congress a final report containing the results
    of the study conducted under subsection (a).

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                SOVIET UNION \4\

              * * * * * * *
    ---------------------------------------------------------------------------
        \4\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
     k. Floyd D. Spence National Defense Authorization Act for Fiscal Year
                                      2001

        Partial text of Public Law 106-398 [H.R. 4205], 114 Stat. 1654,
     approved October 30, 2000; amended by Public Law 107-67 [Treasury and
    General Government Appropriations Act, 2002; H.R. 2590], 115 Stat. 514,
       approved November 12, 2001; Public Law 107-107 [National Defense
       Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
      approved December 28, 2001; Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
        2458, approved December 2, 2002; Public Law 108-7 [Consolidated
     Appropriations Resolution, 2003; H.J. Res. 2], 117 Stat. 11, approved
     February 20, 2003; Public Law 108-136 [National Defense Authorization
    Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November
     24, 2003; Public Law 109-108 [Science, State, Justice, Commerce, and
    Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat. 2290,
    approved November 22, 2005; and 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 To authorize appropriations for fiscal year 2001 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
                        ACT.

        The provisions of H.R. 5408 of the 106th Congress, as
    introduced on October 6, 2000, are hereby enacted into law.

    SEC. 2. PUBLICATION OF ACT.

        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 an appendix setting forth
    the text of the bill referred to in section 1.

                              APPENDIX--H.R. 5408

        A bill to authorize appropriations for fiscal year 2001 for
    military activities of the Department of Defense, for military
    construction, and for defense activities of the Department of
    Energy, to prescribe personnel strengths for such fiscal year
    for the Armed Forces, and for other purposes.
        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Floyd D.
    Spence National Defense Authorization Act for Fiscal Year
    2001''.
        (b) Findings.--* * *

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

              * * * * * * *

        Subtitle B--Program Requirements, Restrictions, and Limitations

              * * * * * * *

    SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES
                        PROGRAM.

        None of the funds authorized to be appropriated under
    section 201(4) for the Russian American Observation Satellites
    program may be obligated or expended until 30 days after the
    Secretary of Defense submits to Congress a report explaining
    how the Secretary plans to protect United States advanced
    military technology that may be associated with the Russian
    American Observation Satellites program.
              * * * * * * *

                     Subtitle C--Ballistic Missile Defense

              * * * * * * *

    SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.

        (a) Report On Ballistic Missile Threat.--Not later than two
    weeks after the next flight test by North Korea of a long-range
    ballistic missile, the President shall submit to Congress, in
    classified and unclassified form, a report on the North Korean
    ballistic missile threat to the United States. The report shall
    include the following:
              (1) An assessment of the current North Korean missile
            threat to the United States.
              (2) An assessment of whether the United States is
            capable of defeating the North Korean long-range
            missile threat to the United States as of the date of
            the report.
              (3) An assessment of when the United States will be
            capable of defeating the North Korean missile threat to
            the United States.
              (4) An assessment of the potential for proliferation
            of North Korean missile technologies to other states
            and whether such proliferation will accelerate the
            development of additional long-range ballistic missile
            threats to the United States.
        (b) Report on Reducing Vulnerability.--Not later than two
    weeks after the next flight test by North Korea of a long-range
    ballistic missile, the President shall submit to Congress a
    report providing the following:
              (1) Any additional steps the President intends to
            take to reduce the period of time during which the
            Nation is vulnerable to the North Korean long-range
            ballistic missile threat.
              (2) The technical and programmatic viability of
            testing any other missile defense systems against
            targets with flight characteristics similar to the
            North Korean long-range missile threat, and plans to do
            so if such tests are considered to be a viable
            alternative.
        (c) Definition.--For purposes of this section, the term
    ``United States'', when used in a geographic sense, means the
    50 States, the District of Columbia, and any Commonwealth,
    territory, or possession of the United States.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2001 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $55,900,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $869,000,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $443,400,000.
              (24) For Overseas Contingency Operations Transfer
            Fund, $4,100,577,000.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty
    personnel as of September 30, 2001, as follows:
              (1) The Army, 480,000.
              (2) The Navy, 372,642.
              (3) The Marine Corps, 172,600.
              (4) The Air Force, 357,000.

    SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

        (a) Revised End Strength Floors.--Section 691(b) of title
    10, United States Code, is amended--* * *
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2001.

        (a) Fiscal Year 2001 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2001 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 2000, of funds appropriated for fiscal
            years before fiscal year 2001 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $743,000 for the Civil Budget.
              (2) Of the amount provided in section 301(1),
            $181,981,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.

    SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING
                        OPERATIONS FOR FISCAL YEAR 2001.

        (a) Limitation.--Of the amounts authorized to be
    appropriated by section 301(24) for the Overseas Contingency
    Operations Transfer Fund--
              (1) no more than $1,387,800,000 may be obligated for
            incremental costs of the Armed Forces for Bosnia
            peacekeeping operations; and
              (2) no more than $1,650,400,000 may be obligated for
            incremental costs of the Armed Forces for Kosovo
            peacekeeping operations.
        (b) Presidential Waiver.--The President may waive the
    limitation in subsection (a)(1), or the limitation in
    subsection (a)(2), after submitting to Congress the following:
              (1) The President's written certification that the
            waiver is necessary in the national security interests
            of the United States.
              (2) The President's written certification that
            exercising the waiver will not adversely affect the
            readiness of United States military forces.
              (3) A report setting forth the following:
                      (A) The reasons that the waiver is necessary
                    in the national security interests of the
                    United States.
                      (B) The specific reasons that additional
                    funding is required for the continued presence
                    of United States military forces participating
                    in, or supporting, Bosnia peacekeeping
                    operations, or Kosovo peacekeeping operations,
                    as the case may be, for fiscal year 2001.
                      (C) A discussion of the impact on the
                    military readiness of United States Armed
                    Forces of the continuing deployment of United
                    States military forces participating in, or
                    supporting, Bosnia peacekeeping operations, or
                    Kosovo peacekeeping operations, as the case may
                    be.
              (4) A supplemental appropriations request for the
            Department of Defense for such amounts as are necessary
            for the additional fiscal year 2001 costs associated
            with United States military forces participating in, or
            supporting, Bosnia or Kosovo peacekeeping operations.
        (c) Peacekeeping Operations Defined.--For the purposes of
    this section:
              (1) The term ``Bosnia peacekeeping operations'' has
            the meaning given such term in section 1004(e) of the
            Strom Thurmond National Defense Authorization Act for
            Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
              (2) The term ``Kosovo peacekeeping operations''--
                      (A) means the operation designated as
                    Operation Joint Guardian and any other
                    operation involving the participation of any of
                    the Armed Forces in peacekeeping or peace
                    enforcement activities in and around Kosovo;
                    and
                      (B) includes, with respect to Operation Joint
                    Guardian or any such other operation, each
                    activity that is directly related to the
                    support of the operation.
              * * * * * * *

                    Subtitle B--Naval Vessels and Shipyards

              * * * * * * *

    SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
                        COUNTRIES.

        (a) Transfers by Grant.--The President is authorized to
    transfer vessels to foreign countries on a grant basis under
    section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j) as follows:
              (1) Brazil.--To the Government of Brazil--
                      (A) the THOMASTON class dock landing ships
                    ALAMO (LSD 33) and HERMITAGE (LSD 34); and
                      (B) the GARCIA class frigates BRADLEY (FF
                    1041), DAVIDSON (FF 1045), SAMPLE (FF 1048) and
                    ALBERT DAVID (FF 1050).
              (2) Greece.--To the Government of Greece, the KNOX
            class frigates VREELAND (FF 1068) and TRIPPE (FF 1075).
        (b) Transfers on a Combined Lease-Sale Basis.--(1) The
    President is authorized to transfer vessels to foreign
    countries on a combined lease-sale basis under sections 61 and
    21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761) and
    in accordance with subsection (c) as follows:
              (A) Chile.--To the Government of Chile, the OLIVER
            HAZARD PERRY class guided missile frigates WADSWORTH
            (FFG 9), and ESTOCIN (FFG 15).
              (B) Turkey.--To the Government of Turkey, the OLIVER
            HAZARD PERRY class guided missile frigates JOHN A.
            MOORE (FFG 19) and FLATLEY (FFG 21).
        (2) The authority provided under paragraph (1)(B) is in
    addition to the authority provided under section 1018(a)(9) of
    the National Defense Authorization Act for Fiscal Year 2000
    (Public Law 106-65; 113 Stat. 745) for the transfer of those
    vessels to the Government of Turkey on a sale basis under
    section 21 of the Arms Export Control Act (22 U.S.C. 2761).
        (c) Conditions Relating to Combined Lease-Sale Transfers.--
    A transfer of a vessel on a combined lease-sale basis
    authorized by subsection (b) shall be made in accordance with
    the following requirements:
              (1) The President may initially transfer the vessel
            by lease, with lease payments suspended for the term of
            the lease, if the country entering into the lease for
            the vessel simultaneously enters into a foreign
            military sales agreement for the transfer of title to
            the vessel.
              (2) The President may not deliver to the purchasing
            country title to the vessel until the purchase price of
            the vessel under such a foreign military sales
            agreement is paid in full.
              (3) Upon payment of the purchase price in full under
            such a sales agreement and delivery of title to the
            recipient country, the President shall terminate the
            lease.
              (4) If the purchasing country fails to make full
            payment of the purchase price in accordance with the
            sales agreement by the date required under the sales
            agreement--
                      (A) the sales agreement shall be immediately
                    terminated;
                      (B) the suspension of lease payments under
                    the lease shall be vacated; and
                      (C) the United States shall be entitled to
                    retain all funds received on or before the date
                    of the termination under the sales agreement,
                    up to the amount of the lease payments due and
                    payable under the lease and all other costs
                    required by the lease to be paid to that date.
              (5) If a sales agreement is terminated pursuant to
            paragraph (4), the United States shall not be required
            to pay any interest to the recipient country on any
            amount paid to the United States by the recipient
            country under the sales agreement and not retained by
            the United States under the lease.
        (d) Authorization of Appropriations for Costs of Lease-Sale
    Transfers.--There is hereby authorized to be appropriated into
    the Defense Vessels Transfer Program Account such sums as may
    be necessary for paying the costs (as defined in section 502 of
    the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the
    lease-sale transfers authorized by subsection (b). Amounts so
    appropriated shall be available only for the purpose of paying
    those costs.
        (e) Grants Not Counted in Annual Total of Transferred
    Excess Defense Articles.--The value of a vessel transferred to
    another country on a grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
    authority provided by subsection (a) shall not be counted for
    the purposes of subsection (g) of that section in the aggregate
    value of excess defense articles transferred to countries under
    that section in any fiscal year.
        (f) Costs of Transfers.--Any expense incurred by the United
    States in connection with a transfer authorized by this section
    shall be charged to the recipient (notwithstanding section
    516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j(e)(1))) in the case of a transfer authorized to be made
    on a grant basis under subsection (a)).
        (g) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the President shall require,
    as a condition of the transfer of a vessel under this section,
    that the country to which the vessel is transferred have such
    repair or refurbishment of the vessel as is needed, before the
    vessel joins the naval forces of that country, performed at a
    shipyard located in the United States, including a United
    States Navy shipyard.
        (h) Expiration of Authority.--The authority to transfer a
    vessel under this section shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.
        (i) \1\ Coordination of Provisions.--(1) If the Security
    Assistance Act of 2000 is enacted before this Act, the
    provisions of this section shall not take effect.
    ---------------------------------------------------------------------------
        \1\ The Security Assistance Act of 2000 was signed into law on
    October 6, 2000, as Public Law 106-280.
    ---------------------------------------------------------------------------
        (2) If the Security Assistance Act of 2000 is enacted after
    this Act, this section shall cease to be in effect upon the
    enactment of that Act.

    SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE FORMER
                        NAVAL VESSEL BY GOVERNMENT OF GREECE.

        (a) Authority for Retransfer of Alternative Vessel.--
    Section 1012 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 740) is
    amended--
              (1) in subsection (a), by inserting after ``HS Rodos
            (ex-USS BOWMAN COUNTY (LST 391))'' the following: ``,
            LST 325, or any other former United States LST
            previously transferred to the Government of Greece that
            is excess to the needs of that government''; and
              (2) in subsection (b)(1), by inserting
            ``retransferred under subsection (a)'' after ``the
            vessel''.
        (b) Repeal.--Section 1305 of the Arms Control,
    Nonproliferation, and Security Assistance Act of 1999 (113
    Stat. 1501A-511) is repealed.

                      Subtitle C--Counter-Drug Activities

    SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG
                        ACTIVITIES OF COLOMBIA.

        (a) Extension of Authority.--Section 1033 of the National
    Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
    85; 111 Stat. 1881) is amended--* * *

    SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
                        FOREIGN COUNTER-DRUG ACTIVITIES.

        Not later than April 15, 2006,\2\ the Secretary of Defense
    shall submit to the congressional defense committees a report
    detailing the expenditure of funds by the Secretary during the
    preceding fiscal year \3\ in direct or indirect support of the
    counter-drug activities of foreign governments. The report
    shall include the following for each foreign government:
    ---------------------------------------------------------------------------
        \2\ Sec. 1021(a) of Public Law 109-163 (119 Stat. 3426) struck out
    ``January 1, 2001, and April 15, 2002,'' and inserted in lieu thereof
    ``April 15, 2006,''. Previously, sec. 1022(1) of Public Law 107-107
    (115 Stat. 1215) inserted ``and April 15, 2002,'' after ``January 1,
    2001,''.
        \3\ Sec. 1022(2) of Public Law 107-107 (115 Stat. 1215) struck out
    ``fiscal year 2000'' and inserted in lieu thereof ``the preceding
    fiscal year''.
    ---------------------------------------------------------------------------
              (1) The total amount of assistance provided to, or
            expended on behalf of, the foreign government.
              (2) A description of the types of counter-drug
            activities conducted using the assistance.
              (3) \4\ A description of each base of operation or
            training facility established, constructed, or operated
            using the assistance, including any minor construction
            projects carried out using such assistance, and the
            amount of assistance expended on base of operations and
            training facilities.
    ---------------------------------------------------------------------------
        \4\ Sec. 1021(b) of Public Law 109-163 (119 Stat. 3427)
    redesignated para. (3) as para. (4) and added a new para. (3).
    ---------------------------------------------------------------------------
              (4) \4\ An explanation of the legal authority under
            which the assistance was provided.

    SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG
                        ACTIVITIES.

        (a) Requirement for Submittal of Recommendations.--Not
    later than February 1, 2001, the Secretary of Defense shall
    submit to the Committees on Armed Services of the Senate and
    the House of Representatives the recommendations of the
    Secretary regarding whether expanded support for counter-drug
    activities should be authorized under section 1033 of the
    National Defense Authorization Act for Fiscal Year 1998 (Public
    Law 105-85; 111 Stat. 1881) for the region that includes the
    countries that are covered by that authority on the date of the
    enactment of this Act.
        (b) Content of Submission.--The submission under subsection
    (a) shall include the following:
              (1) What, if any, additional countries should be
            covered.
              (2) What, if any, additional support should be
            provided to covered countries, together with the
            reasons for recommending the additional support.
              (3) For each country recommended under paragraph (1),
            a plan for providing support, including the counter-
            drug activities proposed to be supported.

    SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.

        (a) Requirement for Review.--The Secretary of Defense shall
    review the riverine counter-drug program supported under
    section 1033 of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881).
        (b) Report.--Not later than February 1, 2001, the Secretary
    shall submit a report on the riverine counter-drug program to
    the Committees on Armed Services of the Senate and the House of
    Representatives. The report shall include, for each country
    receiving support under the riverine counter-drug program, the
    following:
              (1) The Assistant Secretary's assessment of the
            effectiveness of the program.
              (2) A recommendation regarding which of the Armed
            Forces, units of the Armed Forces, or other
            organizations within the Department of Defense should
            be responsible for managing the program.
        (c) Delegation of Authority.--The Secretary shall require
    the Assistant Secretary of Defense for Special Operations and
    Low Intensity Conflict to carry out the responsibilities under
    this section.
              * * * * * * *

    SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES FOR COUNTER-
                        DRUG AND COUNTER-TERRORISM ACTIVITIES.

        It is the sense of Congress that the President should be
    able to use members of the Army, Navy, Air Force, and Marine
    Corps to assist law enforcement agencies, to the full extent
    consistent with section 1385 of title 18, United States Code
    (commonly known as the Posse Comitatus Act), section 375 of
    title 10, United States Code, and other applicable law, in
    preventing the entry into the United States of terrorists and
    drug traffickers, weapons of mass destruction, components of
    weapons of mass destruction, and prohibited narcotics and
    drugs.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

                   Subtitle A--Matters Related to Arms Control

    Sec. 1201. Support of United Nations-sponsored efforts to inspect and
              monitor Iraqi weapons activities.
    Sec. 1202. Support of consultations on Arab and Israeli arms control and
              regional security issues.
    Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign
              governments.
    Sec. 1204. Additional matters for annual report on transfers of
              militarily sensitive technology to countries and entities of
              concern.

                   Subtitle B--Matters Relating to the Balkans

    Sec. 1211. Annual report assessing effect of continued operations in the
              Balkans region on readiness to execute the national military
              strategy.
    Sec. 1212. Situation in the Balkans.
    Sec. 1213. Semiannual report on Kosovo peacekeeping.

    Subtitle C--North Atlantic Treaty Organization and United States Forces
                                    in Europe

    Sec. 1221. NATO fair burdensharing.
    Sec. 1222. Repeal of restriction preventing cooperative airlift support
              through acquisition and cross-servicing agreements.
    Sec. 1223. GAO study on the benefits and costs of United States military
              engagement in Europe.

                            Subtitle D--Other Matters

    Sec. 1231. Joint data exchange center with Russian Federation on early
              warning systems and notification of ballistic missile
              launches.
    Sec. 1232. Report on sharing and exchange of ballistic missile launch
              early warning data.
    Sec. 1233. Annual report of Communist Chinese military companies
              operating in the United States.
    Sec. 1234. Adjustment of composite theoretical performance levels of
              high performance computers.
    Sec. 1235. Increased authority to provide health care services as
              humanitarian and civic assistance.
    Sec. 1236. Sense of Congress regarding the use of children as soldiers.
    Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
    Sec. 1238. United States-China Security Review Commission.\5\

                  Subtitle A--Matters Related to Arms Control

    SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2001.--The total amount of the assistance for fiscal year 2001
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
    ---------------------------------------------------------------------------
        \5\ Sec. 1 of the United States-China Economic and Security Review
    Commission (division P of Public Law 108-7; 117 Stat. 552) amended sec.
    1238, including the section heading, but did not amend the table of
    contents preceding title XII.
    ---------------------------------------------------------------------------
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``2000'' and inserting ``2001''.

    SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL
                        AND REGIONAL SECURITY ISSUES.

        Of the amount authorized to be appropriated by section
    301(5), up to $1,000,000 is available for the support of
    programs to promote formal and informal region-wide
    consultations among Arab, Israeli, and United States officials
    and experts on arms control and security issues concerning the
    Middle East region.

    SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN
                        GOVERNMENTS.

        (a) In General.--Chapter 152 of title 10, United States
    Code, is amended by adding at the end the following new
    section: * * * \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 1203(a) added a new sec. 2555 (now at 2565) to title 10
    United States Code, relating to furnishing nuclear test monitoring
    equipment to foreign governments.
    ---------------------------------------------------------------------------
        (b) Clerical Amendment.--The table of sections at the
    beginning of such chapter is amended by adding at the end the
    following new item: * * *

    SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF
                        MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND
                        ENTITIES OF CONCERN.

        Section 1402(b) of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is
    amended by adding at the end the following new paragraph: * * *

                  Subtitle B--Matters Relating to the Balkans

    SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED OPERATIONS IN
                        THE BALKANS REGION ON READINESS TO EXECUTE THE
                        NATIONAL MILITARY STRATEGY.

        Section 1035 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 753) is
    amended--* * *

    SEC. 1212. SITUATION IN THE BALKANS.

        (a) Establishment of NATO Benchmarks for Withdrawal of
    Forces From Kosovo.--The President shall develop, not later
    than May 31, 2001, militarily significant benchmarks for
    conditions that would achieve a sustainable peace in Kosovo and
    ultimately allow for the withdrawal of the United States
    military presence in Kosovo. Congress urges the President to
    seek concurrence among member nations of the North Atlantic
    Treaty Organization in the development of those benchmarks.
        (b) Comprehensive Political-Military Strategy.--(1) The
    President--
              (A) shall develop a comprehensive political-military
            strategy for addressing the political, economic,
            humanitarian, and military issues in the Balkans; and
              (B) shall establish near-term, mid-term, and long-
            term objectives in the region.
        (2) In developing that strategy and those objectives, the
    President shall take into consideration--
              (A) the benchmarks relating to Kosovo developed as
            described in subsection (a); and
              (B) the benchmarks relating to Bosnia that were
            detailed in the report accompanying the certification
            by the President to Congress on March 3, 1998 (printed
            as House Document 105-223), with respect to the
            continued presence of United States Armed Forces, after
            June 30, 1998, in Bosnia and Herzegovina, submitted to
            Congress pursuant to section 7 of title I of the 1998
            Supplemental Appropriations and Rescissions Act (Public
            Law 105-174; 112 Stat. 63).
        (3) That strategy and those objectives shall be developed
    in consultation with appropriate regional and international
    entities.
        (c) Semiannual Report on Benchmarks.--Not later than June
    30, 2001, and every six months thereafter, the President shall
    submit to Congress a report on the progress made in achieving
    the benchmarks developed pursuant to subsection (a). The
    President may submit a single report covering these benchmarks
    and the benchmarks relating to Bosnia referred to in subsection
    (b)(2)(B).
        (d) Semiannual Report on Comprehensive Strategy.--Not later
    than June 30, 2001, and every six months thereafter so long as
    United States forces are in the Balkans, the President shall
    submit to Congress a report on the progress being made in
    developing and implementing a comprehensive political-military
    strategy as described in subsection (b)(1)(A).

    SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.

        (a) Requirement for Periodic Report.--The President shall
    submit to the specified congressional committees a semiannual
    report on the contributions of European nations and
    organizations to the peacekeeping operations in Kosovo. The
    first such report shall be submitted not later than December 1,
    2000.
        (b) Content of Report.--Each report shall contain detailed
    information on the following:
              (1) The commitments and pledges made by the European
            Commission, the member nations of the European Union,
            and the European member nations of the North Atlantic
            Treaty Organization for--
                      (A) reconstruction assistance in Kosovo;
                      (B) humanitarian assistance in Kosovo;
                      (C) the Kosovo Consolidated Budget;
                      (D) police (including special police) for the
                    United Nations international police force for
                    Kosovo; and
                      (E) military personnel for peacekeeping
                    operations in Kosovo.
              (2) The amount of the assistance that has been
            provided in each category, and the number of police and
            military personnel that have been deployed to Kosovo,
            by each organization or nation referred to in paragraph
            (1).
              (3) The full range of commitments and
            responsibilities that have been undertaken for Kosovo
            by the United Nations, the European Union, and the
            Organization for Security and Cooperation in Europe
            (OSCE), the progress made by those organizations in
            fulfilling those commitments and responsibilities, an
            assessment of the tasks that remain to be accomplished,
            and an anticipated schedule for completing those tasks.
        (d) Specified Congressional Committees.--In the section,
    the term ``specified congressional committees'' means--
              (1) the Committee on Armed Services, the Committee on
            Foreign Relations, and the Committee on Appropriations
            of the Senate; and
              (2) the Committee on Armed Services, the Committee on
            International Relations, and the Committee on
            Appropriations of the House of Representatives.

    Subtitle C--North Atlantic Treaty Organization and United States Forces
                                   in Europe

    SEC. 1221.\7\ NATO FAIR BURDENSHARING.

        (a) Report on Costs of Operation Allied Force.--The
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on the costs to the
    United States of the 78-day air campaign known as Operation
    Allied Force conducted against the Federal Republic of
    Yugoslavia during the period from March 24 through June 9,
    1999. The report shall include the following:
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) The costs of ordnance expended, fuel consumed,
            and personnel.
              (2) The estimated cost of the reduced service life of
            United States aircraft and other systems participating
            in the operation.
        (b) Report on Burdensharing of Future NATO Operations.--
    Whenever the North Atlantic Treaty Organization undertakes a
    military operation, the Secretary of Defense shall submit to
    the Committee on Armed Services of the Senate and the Committee
    on Armed Services of the House of Representatives a report
    describing--
              (1) the contributions to that operation made by each
            of the member nations of the North Atlantic Treaty
            Organization during that operation; and
              (2) the contributions that each of the member nations
            of the North Atlantic Treaty Organization are making or
            have pledged to make during any follow-on operation.
        (c) Time for Submission of Report.--A report under
    subsection (b) shall be submitted not later than 90 days after
    the completion of the military operation.
        (d) Applicability.--Subsection (b) shall apply only with
    respect to military operations begun after the date of the
    enactment of this Act.

    SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT
                        THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.

        Section 2350c of title 10, United States Code, is amended--
              (1) by striking subsection (d); and
              (2) by redesignating subsection (e) as subsection
            (d).

    SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED STATES
                        MILITARY ENGAGEMENT IN EUROPE.

        (a) Comptroller General Study.--The Comptroller General
    shall conduct a study assessing the benefits and costs to the
    United States and United States national security interests of
    the engagement of United States forces in Europe and of United
    States military strategies used to shape the international
    security environment in Europe.
        (b) Matters To Be Included.--The study shall include an
    assessment of the following matters:
              (1) The benefits and costs to the United States of
            having forces stationed in Europe and assigned to areas
            of regional conflict such as Bosnia and Kosovo.
              (2) The benefits and costs associated with stationing
            United States forces in Europe and with assigning those
            forces to areas of regional conflict, including an
            analysis of the benefits and costs of deploying United
            States forces with the forces of European allies.
              (3) The amount and type of the following kinds of
            contributions to European security made by European
            allies in 1999 and 2000:
                      (A) Financial contributions.
                      (B) Contributions of military personnel and
                    units.
                      (C) Contributions of nonmilitary personnel,
                    such as medical personnel, police officers,
                    judicial officers, and other civic officials.
                      (D) Contributions, including contributions in
                    kind, for humanitarian and reconstruction
                    assistance and infrastructure building or
                    activities that contribute to regional
                    stability, whether in lieu of or in addition to
                    military-related contributions.
              (4) The extent to which a forward United States
            military presence compensates for existing shortfalls
            of air and sea lift capability in the event of regional
            conflict in Europe or the Middle East.
        (c) Report.--The Comptroller General shall submit to the
    Committees on Armed Services of the Senate and House of
    Representatives a report on the results of the study not later
    than December 1, 2001.

                           Subtitle D--Other Matters

    SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY
                        WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC
                        MISSILE LAUNCHES.

        (a) Authority.--The Secretary of Defense is authorized to
    establish, in conjunction with the Government of the Russian
    Federation, a United States-Russian Federation joint center for
    the exchange of data from systems to provide early warning of
    launches of ballistic missiles and for notification of launches
    of such missiles.
        (b) Specific Actions.--The actions that the Secretary
    undertakes for the establishment of the center may include--
              (1) subject to subsection (d), participating in the
            renovation of a mutually agreed upon facility to be
            made available by the Russian Federation; and
              (2) the furnishing of such equipment and supplies as
            may be necessary to begin the operation of the center.
        (c) Report Required.--(1) Not later than 30 days after the
    date of the enactment of this Act, the Secretary shall submit
    to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a
    report on plans for the joint data exchange center.
        (2) The report shall include the following:
              (A) A detailed explanation as to why the particular
            facility intended to house the center was chosen.
              (B) An estimate of the total cost of renovating that
            facility for use by the center.
              (C) A description of the manner by which the United
            States proposes to meet its share of the costs of such
            renovation.
        (d) Limitation.--(1) The Secretary of Defense may
    participate under subsection (b) in the renovation of the
    facility identified in the report under subsection (c) only if
    the United States and the Russian Federation enter into a cost-
    sharing arrangement that provides for an equal sharing between
    the two nations of the cost of establishing the center,
    including the costs of renovating and operating the facility.
        (2) Not more than $4,000,000 of funds appropriated for
    fiscal year 2001 may be obligated or expended after the date of
    the enactment of this Act by the Secretary of Defense for the
    renovation of such facility until 30 days after the date on
    which the Secretary submits to the Committee on Armed Services
    of the Senate and the Committee on Armed Services of the House
    of Representatives a copy of a written agreement between the
    United States and the Russian Federation that provides details
    of the cost-sharing arrangement specified in paragraph (1), in
    accordance with the Memorandum of Agreement between the two
    nations signed in Moscow in June 2000.

    SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE LAUNCH
                        EARLY WARNING DATA.

        Not later than March 15, 2001, the Secretary of Defense
    shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report on current and planned activities of
    the Department of Defense with respect to the sharing and
    exchange with other countries of early warning data concerning
    ballistic missile launches. The report shall include the
    Secretary's assessment of the benefits and risks of sharing
    such data with other countries on a bilateral or multilateral
    basis.

    SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY COMPANIES
                        OPERATING IN THE UNITED STATES.

        Section 1237(b) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is
    amended--* * *

    SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS OF
                        HIGH PERFORMANCE COMPUTERS.

        (a) Layover Period for New Performance Levels.--Section
    1211 of the National Defense Authorization Act for Fiscal Year
    1998 (50 U.S.C. App. 2404 note) is amended--* * *
        (b) Effective Date.--The amendments made by subsection (a)
    shall apply to any new composite theoretical performance level
    established for purposes of section 1211(a) of the National
    Defense Authorization Act for Fiscal Year 1998 that is
    submitted by the President pursuant to section 1211(d) of that
    Act on or after the date of the enactment of this Act.

    SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS
                        HUMANITARIAN AND CIVIC ASSISTANCE.

        Section 401(e)(1) of title 10, United States Code, is
    amended by striking ``rural areas of a country'' and inserting
    ``areas of a country that are rural or are underserved by
    medical, dental, and veterinary professionals, respectively''.

    SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS SOLDIERS.

        (a) Findings.--Congress makes the following findings:
              (1) In the year 2000, approximately 300,000
            individuals under the age of 18 are participating in
            armed conflict in more than 30 countries worldwide.
              (2) Many children participating in armed conflict in
            various countries around the world are forcibly
            conscripted through kidnapping or coercion, while
            others join military units due to economic necessity,
            to avenge the loss of a family member, or for their own
            personal safety.
              (3) Many military commanders frequently force child
            soldiers to commit gruesome acts of ritual killings or
            torture against their enemies, including against other
            children.
              (4) Many military commanders separate children from
            their families in order to foster dependence on
            military units and leaders, leaving children vulnerable
            to manipulation, deep traumatization, and in need of
            psychological counseling and rehabilitation.
              (5) Child soldiers are exposed to hazardous
            conditions and risk physical injuries, sexually
            transmitted diseases, malnutrition, deformed backs and
            shoulders from carrying overweight loads, and
            respiratory and skin infections.
              (6) Many young female soldiers face the additional
            psychological and physical horrors of rape and sexual
            abuse, being enslaved for sexual purposes by militia
            commanders, and forced to endure severe social stigma
            should they return home.
              (7) Children in northern Uganda continue to be
            kidnapped by the Lords Resistance Army (LRA), which is
            supported and funded by the Government of Sudan and
            which has committed and continues to commit gross human
            rights violations in Uganda.
              (8) Children in Sri Lanka have been forcibly
            recruited by the opposition Tamil Tigers movement and
            forced to kill or be killed in the armed conflict in
            that country.
              (9) An estimated 7,000 child soldiers have been
            involved in the conflict in Sierra Leone, some as young
            as age 10, with many being forced to commit
            extrajudicial executions, torture, rape, and
            amputations for the rebel Revolutionary United Front.
              (10) On January 21, 2000, in Geneva, a United Nations
            Working Group, including representatives from more than
            80 governments including the United States, reached
            consensus on an international agreement, referred to in
            this case as an ``optional protocol'', on the use of
            child soldiers.
              (11) This optional protocol, upon entry into force,
            will--
                      (A) raise the international minimum age for
                    conscription and will require governments to
                    take all feasible measures to ensure that
                    members of their armed forces under age 18 do
                    not participate directly in combat;
                      (B) prohibit the recruitment and use in armed
                    conflict of persons under the age of 18 by non-
                    governmental armed forces;
                      (C) encourage governments to raise the
                    minimum legal age for voluntary recruits above
                    the current standard of 15, and
                      (D) commit governments to support the
                    demobilization and rehabilitation of child
                    soldiers and, when possible, to allocate
                    resources to this purpose.
              (12) On October 29, 1998, United Nations Secretary
            General Kofi Annan set minimum age requirements for
            United Nations peacekeeping personnel that are made
            available by member nations of the United Nations.
              (13) The United Nations Under-Secretary General for
            Peace-keeping, Bernard Miyet, announced in the Fourth
            Committee of the General Assembly that contributing
            governments of member nations were asked not to send
            civilian police and military observers under the age of
            25 and that troops in national contingents should
            preferably be at least 21 years of age but in no case
            should they be younger than 18 years of age.
              (14) On August 25, 1999, the United Nations Security
            Council unanimously passed Resolution 1261 (1999)
            condemning the use of children in armed conflicts.
              (15) In addressing the Security Council on August 26,
            1999, the Special Representative of the Secretary
            General for Children and Armed Conflict, Olara Otunnu,
            urged the adoption of a global three-pronged approach
            to combatting the use of children in armed conflict
            that would--
                      (A) first, raise the age limit for
                    recruitment and participation in armed conflict
                    from the present age of 15 to the age of 18;
                      (B) second, increase international pressure
                    on armed groups which currently abuse children;
                    and
                      (C) third, address the political, social, and
                    economic factors that create an environment in
                    which children are induced by appeal of
                    ideology or by socio-economic collapse to
                    become child soldiers.
              (16) The United States delegation to the United
            Nations working group relating to child soldiers, which
            included representatives from the Department of
            Defense, supported the Geneva agreement on the optional
            protocol.
              (17) On May 25, 2000, the United Nations General
            Assembly unanimously adopted the optional protocol on
            the use of child soldiers.
              (18) The optional protocol was opened for signature
            on June 5, 2000.
              (19) The President signed the optional protocol on
            behalf of the United States on July 5, 2000.
        (b) Congressional Statements on Child Soldiers.--Congress
    joins the international community in--
              (1) condemning the use of children as soldiers by
            governmental and nongovernmental armed forces
            worldwide; and
              (2) welcoming the optional protocol on the use of
            child soldiers adopted by the United Nations General
            Assembly on May 25, 2000, as a critical first step in
            ending the use of children as soldiers.
        (c) Sense of Congress on Further Actions.--It is the sense
    of Congress that--
              (1) it is essential that the President consult
            closely with the Senate with the objective of building
            support for ratification by the United States of the
            optional protocol and that the Senate move forward as
            expeditiously as possible;
              (2) the United States should provide assistance,
            through a new fund to be established by law, for the
            rehabilitation and reintegration into their respective
            civilian societies of child soldiers of other nations;
            and
              (3) the President, acting through the Secretaries of
            State and Defense and other appropriate officials,
            should undertake all possible efforts to persuade and
            encourage other governments to ratify and endorse the
            optional protocol on the use of child soldiers.

    SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND RECOVERY.

        (a) Findings.--Congress makes the following findings:
              (1) The tragic loss in August 2000 of the Russian
            submarine Kursk resulted in the death of all 118
            members of the submarine's crew.
              (2) The Kursk is the third vessel of the submarine
            fleet of the Russian Federation and its predecessor,
            the Union of Soviet Socialist Republics, to be lost in
            an accident at sea with considerable loss of life of
            the officers and crews of those submarines.
              (3) The United States submarines USS Thresher and USS
            Scorpion, with their officers and crews, were also lost
            at sea in tragic accidents, in 1963 and 1968,
            respectively.
              (4) The United States, the Russian Federation, and
            other maritime nations possess extensive capabilities
            consisting of naval and research vessels and other
            assets that could be used to respond to accidents or
            incidents involving submarines or other undersea
            vessels.
              (5) The United States Navy has rescue agreements with
            the navies of 14 countries from Europe, the Western
            Pacific, and the Americas, but not including the
            Russian Federation, and exercises regularly to train
            crews and practice submarine rescue procedures with the
            navies of participating nations.
        (b) Expression of Sympathy.--Congress expresses its
    sympathy and the sympathy of the American people to the people
    of the Russian Federation and joins the Russian people in
    mourning the death of the crewmen of the submarine Kursk.
        (c) Sense of Congress Concerning International
    Cooperation.--It is the sense of Congress that when undersea
    accidents or incidents involving submarines or other undersea
    vessels occur, it is in the best interests of all nations to
    work together to respond promptly to the accident or incident,
    rescue and recover the crew of the vessel, minimize the loss of
    life, and prevent damage to the oceans.
        (d) Establishment of Plan for Responding to Undersea
    Accidents or Incidents.--Congress urges the President of the
    United States and the President of the Russian Federation, in
    coordination with the leaders of other maritime nations that
    possess undersea naval and research vessels and undersea rescue
    capabilities, to cooperate in establishing a plan for--
              (1) responding to accidents or incidents involving
            submarines or other undersea vessels; and
              (2) rescue and recovery of the crew of the vessels
            involved in such accidents or incidents.

    SEC. 1238.\8\ UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
                        COMMISSION.

        (a) Purposes.--The purposes of this section are as follows:
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 7002. Sec. 2(b)(1) of the United States-China
    Economic and Security Review Commission (division P of Public Law 108-
    7; 117 Stat. 552) inserted ``ECONOMIC AND'' in the section catchline
    and throughout the section.
        Sec. 635(a) of Public Law 109-108 (119 Stat. 2346) provided the
    following:
        ``Sec. 635. (a) Modification of Responsibilities.--Notwithstanding
    any provision of section 1238 of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), or any other
    provision of law, the United States-China Economic and Security Review
    Commission established by subsection (b) of that section shall
    investigate and report exclusively on each of the following areas:
    ---------------------------------------------------------------------------

      ``(1) Proliferation practices.--The role of the People's Republic of
    China in the proliferation of weapons of mass destruction and other weapons
    (including dual use technologies), including actions the United States
    might take to encourage the People's Republic of China to cease such
    practices.

      ``(2) Economic transfers.--The qualitative and quantitative nature of the
    transfer of United States production activities to the People's Republic of
    China, including the relocation of high technology, manufacturing, and
    research and development facilities, the impact of such transfers on United
    States national security, the adequacy of United States export control
    laws, and the effect of such transfers on United States economic security
    and employment.

      ``(3) Energy.--The effect of the large and growing economy of the
    People's Republic of China on world energy supplies and the role the United
    States can play (including through joint research and development efforts
    and technological assistance) in influencing the energy policy of the
    People's Republic of China.

      ``(4) Access to united states capital markets.--The extent of access to
    and use of United States capital markets by the People's Republic of China,
    including whether or not existing disclosure and transparency rules are
    adequate to identify People's Republic of China companies engaged in
    harmful activities.

      ``(5) Regional economic and security impacts.--The triangular economic
    and security relationship among the United States, Taipei, and the People's
    Republic of China (including the military modernization and force
    deployments of the People's Republic of China aimed at Taipei), the
    national budget of the People's Republic of China, and the fiscal strength
    of the People's Republic of China in relation to internal instability in
    the People's Republic of China and the likelihood of the externalization of
    problems arising from such internal instability.

      ``(6) United states-china bilateral programs.--Science and technology
    programs, the degree of non-compliance by the People's Republic of China
    with agreements between the United States and the People's Republic of
    China on prison labor imports and intellectual property rights, and United
    States enforcement policies with respect to such agreements.

      ``(7) World trade organization compliance.--The compliance of the
    People's Republic of China with its accession agreement to the World Trade
    Organization (WTO).

      ``(8) Freedom of expression.--The implications of restrictions on speech
    and access to information in the People's Republic of China for its
    relations with the United States in the areas of economic and security
    policy.''.

              (1) To establish the United States-China Economic and
            \8\ Security Review Commission to review the national
            security implications of trade and economic ties
            between the United States and the People's Republic of
            China.
              (2) To facilitate the assumption by the United
            States-China Economic and \8\ Security Review
            Commission of its duties regarding the review referred
            to in paragraph (1) by providing for the transfer to
            that Commission of staff, materials, and infrastructure
            (including leased premises) of the Trade Deficit Review
            Commission that are appropriate for the review upon the
            submittal of the final report of the Trade Deficit
            Review Commission.
        (b) Establishment of United States-China Economic and \8\
    Security Review Commission.--
              (1) In general.--There is hereby established a
            commission to be known as the United States-China
            Economic and \8\ Security Review Commission (in this
            section referred to as the ``Commission'').
              (2) Purpose.--The purpose of the Commission is to
            monitor, investigate, and report to Congress on the
            national security implications of the bilateral trade
            and economic relationship between the United States and
            the People's Republic of China.
              (3) Membership.--The United States-China Economic and
            \8\ Security Review Commission shall be composed of 12
            members, who shall be appointed in the same manner
            provided for the appointment of members of the Trade
            Deficit Review Commission under section 127(c)(3) of
            the Trade Deficit Review Commission Act (19 U.S.C. 2213
            note), except that--
                      (A) appointment of members by the Speaker of
                    the House of Representatives shall be made
                    after consultation with the chairman of the
                    Committee on Armed Services of the House of
                    Representatives, in addition to consultation
                    with the chairman of the Committee on Ways and
                    Means of the House of Representatives provided
                    for under clause (iii) of subparagraph (A) of
                    that section;
                      (B) appointment of members by the President
                    pro tempore of the Senate upon the
                    recommendation of the majority leader of the
                    Senate shall be made after consultation with
                    the chairman of the Committee on Armed Services
                    of the Senate, in addition to consultation with
                    the chairman of the Committee on Finance of the
                    Senate provided for under clause (i) of that
                    subparagraph;
                      (C) appointment of members by the President
                    pro tempore of the Senate upon the
                    recommendation of the minority leader of the
                    Senate shall be made after consultation with
                    the ranking minority member of the Committee on
                    Armed Services of the Senate, in addition to
                    consultation with the ranking minority member
                    of the Committee on Finance of the Senate
                    provided for under clause (ii) of that
                    subparagraph;
                      (D) appointment of members by the minority
                    leader of the House of Representatives shall be
                    made after consultation with the ranking
                    minority member of the Committee on Armed
                    Services of the House of Representatives, in
                    addition to consultation with the ranking
                    minority member of the Committee on Ways and
                    Means of the House of Representatives provided
                    for under clause (iv) of that subparagraph;
                      (E) persons appointed to the Commission shall
                    have expertise in national security matters and
                    United States-China relations, in addition to
                    the expertise provided for under subparagraph
                    (B)(i)(I) of that section;
                      (F) \9\ each appointing authority referred
                    tounder subparagraphs (A) through (D) of this
                    paragraph shall--
    ---------------------------------------------------------------------------
        \9\ Sec. 2(c)(1) of the United States-China Economic and Security
    Review Commission (division P of Public Law 108-7; 117 Stat. 552)
    amended and restated subpara. (F). It formerly read as follows:
        ``(F) members shall be appointed to the Commission not later than
    30 days after the date on which each new Congress convenes;''.
    ---------------------------------------------------------------------------
                              (i) appoint 3 members to the
                            Commission;
                              (ii) make the appointments on a
                            staggered term basis, such that--
                                      (I) 1 appointment shall be
                                    for a term expiring on December
                                    31, 2003;
                                      (II) 1 appointment shall be
                                    for a term expiring on December
                                    31, 2004; and
                                      (III) 1 appointment shall be
                                    for a term expiring on December
                                    31, 2005;
                              (iii) make all subsequent
                            appointments on an approximate 2-year
                            term basis to expire on December 31 of
                            the applicable year; and
                              (iv) make appointments not later than
                            30 days after the date on which each
                            new Congress convenes;
                      (G) members of the Commission may be
                    reappointed for additional terms of service as
                    members of the Commission; and
                      (H) members of the Trade Deficit Review
                    Commission as of the date of the enactment of
                    this Act shall serve as members of the United
                    States-China Security Review Commission until
                    such time as members are first appointed to the
                    United States-China Economic and \8\ Security
                    Review Commission under this paragraph.
              (4) Retention of support.--The United States-China
            Economic and \8\ Security Review Commission shall
            retain and make use of such staff, materials, and
            infrastructure (including leased premises) of the Trade
            Deficit Review Commission as the United States-China
            Economic and \8\ Security Review Commission determines,
            in the judgment of the members of the United States-
            China Economic and \8\ Security Review Commission, are
            required to facilitate the ready commencement of
            activities of the United States-China Economic and \8\
            Security Review Commission under subsection (c) or to
            carry out such activities after the commencement of
            such activities.
              (5) Chairman and vice chairman.--The members of the
            Commission shall select a Chairman and Vice Chairman of
            the Commission from among the members of the
            Commission.
              (6) Meetings.--
                      (A) Meetings.--The Commission shall meet at
                    the call of the Chairman of the Commission.
                      (B) Quorum.--A majority of the members of the
                    Commission shall constitute a quorum for the
                    transaction of business of the Commission.
              (7) Voting.--Each member of the Commission shall be
            entitled to one vote, which shall be equal to the vote
            of every other member of the Commission.
        (c) Duties.--
              (1) Annual report.--Not later than June \10\ 1 each
            year (beginning in 2002), the Commission shall submit
            to Congress a report, in both unclassified and
            classified form, regarding the national security
            implications and impact of the bilateral trade and
            economic relationship between the United States and the
            People's Republic of China. The report shall include a
            full analysis, along with conclusions and
            recommendations for legislative and administrative
            actions, if any, of the national security implications
            for the United States of the trade and current balances
            with the People's Republic of China in goods and
            services, financial transactions, and technology
            transfers. The Commission shall also take into account
            patterns of trade and transfers through third countries
            to the extent practicable.
    ---------------------------------------------------------------------------
        \10\ Sec. 648 of Public Law 107-67 (115 Stat. 556) struck out
    ``March'' and inserted in lieu thereof ``June''.
    ---------------------------------------------------------------------------
              (2) Contents of report.--Each report under paragraph
            (1) shall include, at a minimum, a full discussion of
            the following:
                      (A) The portion of trade in goods and
                    services with the United States that the
                    People's Republic of China dedicates to
                    military systems or systems of a dual nature
                    that could be used for military purposes.
                      (B) The acquisition by the People's Republic
                    of China of advanced military or dual-use
                    technologies from the United States by trade
                    (including procurement) and other technology
                    transfers, especially those transfers, if any,
                    that contribute to the proliferation of weapons
                    of mass destruction or their delivery systems,
                    or that undermine international agreements or
                    United States laws with respect to
                    nonproliferation.
                      (C) Any transfers, other than those
                    identified under subparagraph (B), to the
                    military systems of the People's Republic of
                    China made by United States firms and United
                    States-based multinational corporations.
                      (D) An analysis of the statements and writing
                    of the People's Republic of China officials and
                    officially-sanctioned writings that bear on the
                    intentions, if any, of the Government of the
                    People's Republic of China regarding the
                    pursuit of military competition with, and
                    leverage over, or cooperation with, the United
                    States and the Asian allies of the United
                    States.
                      (E) The military actions taken by the
                    Government of the People's Republic of China
                    during the preceding year that bear on the
                    national security of the United States and the
                    regional stability of the Asian allies of the
                    United States.
                      (F) The effects, if any, on the national
                    security interests of the United States of the
                    use by the People's Republic of China of
                    financial transactions and capital flow and
                    currency manipulations.
                      (G) Any action taken by the Government of the
                    People's Republic of China in the context of
                    the World Trade Organization that is adverse or
                    favorable to the United States national
                    security interests.
                      (H) Patterns of trade and investment between
                    the People's Republic of China and its major
                    trading partners, other than the United States,
                    that appear to be substantively different from
                    trade and investment patterns with the United
                    States and whether the differences have any
                    national security implications for the United
                    States.
                      (I) The extent to which the trade surplus of
                    the People's Republic of China with the United
                    States enhances the military budget of the
                    People's Republic of China.
                      (J) An overall assessment of the state of the
                    security challenges presented by the People's
                    Republic of China to the United States and
                    whether the security challenges are increasing
                    or decreasing from previous years.
              (3) Recommendations of report.--Each report under
            paragraph (1) shall also include recommendations for
            action by Congress or the President, or both, including
            specific recommendations for the United States to
            invoke Article XXI (relating to security exceptions) of
            the General Agreement on Tariffs and Trade 1994 with
            respect to the People's Republic of China, as a result
            of any adverse impact on the national security
            interests of the United States.
        (d) Hearings.--
              (1) In general.--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
            from the Department of Defense, the Central
            Intelligence Agency, and any other Federal department
            or agency information that the Commission considers
            necessary to enable the Commission to carry out its
            duties under this section, except the provision of
            intelligence information to the Commission shall be
            made with due regard for the protection from
            unauthorized disclosure of classified information
            relating to sensitive intelligence sources and methods
            or other exceptionally sensitive matters, under
            procedures approved by the Director of Central
            Intelligence.
              (3) Security.--The Office of Senate Security shall--
                      (A) provide classified storage and meeting
                    and hearing spaces, when necessary, for the
                    Commission; and
                      (B) assist members and staff of the
                    Commission in obtaining security clearances.
              (4) Security clearances.--All members of the
            Commission and appropriate staff shall be sworn and
            hold appropriate security clearances.
        (e) Commission Personnel Matters.--
              (1) Compensation of members.--Members of the United
            States-China Economic and \8\ Security Review
            Commission shall be compensated in the same manner
            provided for the compensation of members of the Trade
            Deficit Review Commission under section 127(g)(1) and
            section 127(g)(6) of the Trade Deficit Review
            Commission Act (19 U.S.C. 2213 note).
              (2) Travel expenses.--Travel expenses of the United
            States-China Economic and \8\ Security Review
            Commission shall be allowed in the same manner provided
            for the allowance of the travel expenses of the Trade
            Deficit Review Commission under section 127(g)(2) of
            the Trade Deficit Review Commission Act.
              (3) Staff.--An executive director and other
            additional personnel for the United States-China
            Economic and \8\ Security Review Commission shall be
            appointed, compensated, and terminated in the same
            manner provided for the appointment, compensation, and
            termination of the executive director and other
            personnel of the Trade Deficit Review Commission under
            section 127(g)(3) and section 127(g)(6) of the Trade
            Deficit Review Commission Act. The executive director
            and any personnel who are employees of the United
            States-China Economic and \8\ Security Review
            Commission shall be employees under section 2105 of
            title 5, United States Code, for purposes of chapters
            63, 81, 83, 84, 85, 87, 89, and 90 of that title.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 645(a) of Public Law 107-67 (115 Stat. 556) added this
    sentence, effective January 3, 2001.
    ---------------------------------------------------------------------------
              (4) Detail of government employees.--Federal
            Government employees may be detailed to the United
            States-China Economic and \8\ Security Review
            Commission in the same manner provided for the detail
            of Federal Government employees to the Trade Deficit
            Review Commission under section 127(g)(4) of the Trade
            Deficit Review Commission Act.
              (5) Foreign travel for official purposes.--Foreign
            travel for official purposes by members and staff of
            the Commission may be authorized by either the Chairman
            or the Vice Chairman of the Commission.
              (6) Procurement of temporary and intermittent
            services.--The Chairman of the United States-China
            Economic and \8\ Security Review Commission may procure
            temporary and intermittent services for the United
            States-China Security Review Commission in the same
            manner provided for the procurement of temporary and
            intermittent services for the Trade Deficit Review
            Commission under section 127(g)(5) of the Trade Deficit
            Review Commission Act.
        (f) Authorization of Appropriations.--
              (1) In general.--There is authorized to be
            appropriated to the Commission for fiscal year 2001,
            and for each fiscal year thereafter, such sums as may
            be necessary to enable the Commission to carry out its
            functions under this section.
              (2) Availability.--Amounts appropriated to the
            Commission shall remain available until expended.
        (g) \12\ Applicability of FACA.--The provisions of the
    Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
    the activities of the Commission.
    ---------------------------------------------------------------------------
        \12\ Sec. 635(b) of Public Law 109-108 (119 Stat. 2347) amended and
    restated subsec. (g). It formerly read as follows:
        ``(g) Federal Advisory Committee Act.--The provisions of the
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    Commission.''.
    ---------------------------------------------------------------------------
        (h) Effective Date.--This section shall take effect on the
    first day of the 107th Congress.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \13\
    ---------------------------------------------------------------------------

        \13\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *
    ---------------------------------------------------------------------------
        \14\ Sec. 3141(f)(4) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1763) redesignated sec.
    3171, relating to annual reports on the status of nuclear materials
    protection, control, and accounting, as sec. 4303 of Public Law 107-
    314, and at 50 U.S.C. 2563.
        \15\ Sec. 3141(f)(5) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1763) redesignated sec.
    3172, relating to the Nuclear Cities Initiative, as sec. 4304 of Public
    Law 107-314, and at 50 U.S.C. 2564.
    ---------------------------------------------------------------------------

        Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

    SEC. 3171.\14\ * * * [REDESIGNATED--2003]

    SEC. 3172.\15\ * * * [REDESIGNATED--2003]

    SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.

        (a) Report Required.--Not later than March 1, 2001, the
    Secretary of Energy shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on the efforts of the
    Department of Energy to ensure adequate oversight and
    accountability of the Department's nonproliferation programs in
    Russia and the potential costs and effects of the use of on-
    the-ground monitoring for the Department's significant
    nonproliferation programs in Russia. The report shall include
    the following:
              (1) A detailed discussion of the current management
            and oversight mechanisms used to ensure that Federal
            funds are expended for the intended purposes of those
            programs and that the projects are achieving their
            intended objectives.
              (2) An evaluation of whether those mechanisms are
            adequate.
              (3) A discussion of whether there is a need for
            additional employees of the Department, or of
            contractors of the Department, to be stationed in
            Russia, or to visit nonproliferation project sites in
            Russia on a regular basis, to monitor the programs
            carried out at those sites, and an estimate of the
            practical considerations and costs of such monitoring.
              (4) An identification of each nonproliferation
            program and each site at which an employee referred to
            in paragraph (3) would be placed to monitor that
            program.
              (5) A description of the costs associated with
            continued on-the-ground monitoring of those programs,
            including the costs associated with placing those
            employees in Russia.
              (6) Recommendations regarding the most cost-effective
            option for the Department to pursue to ensure that
            Federal funds for those programs are expended for the
            intended purposes of those programs.
              (7) Any recommendations of the Secretary for further
            improvements in the oversight and accountability of
            those programs, including any proposed legislation.
        (b) GAO Report.--Not later than April 15, 2001, the
    Comptroller General shall submit to the committees referred to
    in subsection (a) a report setting forth the assessment of the
    Comptroller General concerning the information contained in the
    report required by that subsection.

    SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
                        NONPROLIFERATION PROGRAMS.

        It is the sense of Congress that there should be clear and
    effective coordination among--
              (1) the Nuclear Cities Initiative;
              (2) the Initiatives for Proliferation Prevention
            program;
              (3) the Cooperative Threat Reduction programs;
              (4) the Nuclear Materials Protection, Control, and
            Accounting Program; and
              (5) the International Science and Technology Center
            program.

    SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY
                        PROGRAM.

        Amounts authorized to be appropriated or otherwise made
    available by this title for the Department of Energy for fiscal
    year 2001 for the International Nuclear Safety Program in the
    former Soviet Union and Eastern Europe shall be available only
    for purposes of reactor safety upgrades and training relating
    to nuclear operator and reactor safety.
              * * * * * * *
           l. National Defense Authorization Act for Fiscal Year 2000

     Partial text of Public Law 106-65 [S. 1059], 113 Stat. 512, approved
    October 5, 1999; amended by Public Law 106-113 [Security Assistance Act
         of 1999; title XII of H.R. 3427, enacted by reference in sec.
      1000(a)(7), H.R. 3194], 113 Stat. 1536, approved November 29, 1999;
    Public Law 106-398 [Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30,
    2000; Public Law 107-107 [National Defense Authorization Act for Fiscal
    Year 2002; S. 1438], 115 Stat. 1012, approved December 28, 2001; Public
     Law 108-136 [National Defense Authorization Act for Fiscal Year 2004;
            H.R. 1588], 117 Stat. 11392, approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 2000 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2000''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Appropriations of the House of Representatives.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2000 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $55,800,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $803,500,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $475,500,000.
              (24) For Overseas Contingency Operations Transfer
            Fund, $1,879,600,000.
              * * * * * * *

                      Subtitle C--Environmental Provisions

              * * * * * * *

    SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING ANY
                        ENVIRONMENTAL CONTAMINATION AT FORMER UNITED STATES
                        MILITARY INSTALLATIONS IN THOSE COUNTRIES.

        (a) Response to Request for Information.--Except as
    provided in subsection (b), upon request by the government of a
    foreign country from which United States Armed Forces were
    withdrawn in 1992, the Secretary of Defense shall--
              (1) release to that government available information
            relevant to the ability of that government to determine
            the nature and extent of environmental contamination,
            if any, at a site in that foreign country where the
            United States operated a military base, installation,
            or facility before the withdrawal of the United States
            Armed Forces in 1992; or
              (2) report to Congress on the nature of the
            information requested and the reasons why the
            information is not being released.
        (b) Limitation on Release.--Subsection (a)(1) does not
    apply to--
              (1) any information request described in such
            subsection that is received by the Secretary of Defense
            after the end of the one-year period beginning on the
            date of the enactment of this Act;
              (2) any information that the Secretary determines has
            been previously provided to the foreign government; and
              (3) any information that the Secretary of Defense
            believes could adversely affect United States national
            security.
        (c) Liability of the United States.--The requirement to
    provide information under subsection (a)(1) may not be
    construed to establish on the part of the United States any
    liability or obligation for the costs of environmental
    restoration or remediation at any site referred to in such
    subsection.
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

                           Subtitle A--Active Forces

    SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty
    personnel as of September 30, 2000, as follows:
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 115 note.
    ---------------------------------------------------------------------------
              (1) The Army, 480,000.
              (2) The Navy, 372,037.
              (3) The Marine Corps, 172,518.
              (4) The Air Force, 360,877.

    SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

        (a) Revised End Strength Floors.--Section 691(b) of title
    10, United States Code, is amended--* * * \2\
    ---------------------------------------------------------------------------
        \2\ See 10 U.S.C. 691.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE V--MILITARY PERSONNEL POLICY

              * * * * * * *

                       Subtitle E--Education and Training

    SEC. 541.\3\ ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL
                        STUDENT PROGRAM AT THE SENIOR MILITARY COLLEGES.

        (a) In General.--(1) Chapter 103 of title 10, United States
    Code, is amended by adding at the end the following new
    section: * * *
    ---------------------------------------------------------------------------
        \3\ See 10 U.S.C. 2111b.
    ---------------------------------------------------------------------------
              * * * * * * *

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              * * * * * * *

                 Subtitle B--Department of Defense Organization

              * * * * * * *

    SEC. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT OF
                        DEFENSE.

        (a) Specification of Technology Security Directorate.--For
    purposes of this section, a reference to the Technology
    Security Directorate is a reference to the element within the
    Defense Threat Reduction Agency of the Department of Defense
    having responsibility for technology security matters (known as
    of the date of the enactment of this Act as the Technology
    Security Directorate).
        (b) Functions.--The head of the Technology Security
    Directorate shall have authority to advise the Secretary of
    Defense and the Deputy Secretary of Defense, through the Under
    Secretary of Defense for Policy, on policy issues related to
    the transfer of strategically sensitive technology, including
    issues relating to the following:
              (1) Strategic trade.
              (2) Defense cooperative programs.
              (3) Science and technology agreements and exchanges.
              (4) Export of munitions items.
              (5) International memorandums of understanding.
              (6) Foreign acquisitions.
        (c) Resources for Technology Security Directorate.--The
    Secretary of Defense shall ensure that the head of the
    Technology Security Directorate has appropriate personnel and
    fiscal resources available, and receives all necessary support,
    to carry out the missions of the Directorate efficiently and
    effectively.
        (d) Approval Authority of Under Secretary for Policy.--
    Staff and resources of the Technology Security Directorate may
    not be used to fulfill any requirement or activity of the
    Defense Threat Reduction Agency that does not directly relate
    to the technology security and export control missions of the
    Technology Security Directorate except with the prior approval
    of the Under Secretary of Defense for Policy.
        (e) Report on Export Control Resources.--Not later than
    March 1, 2000, the Secretary of Defense shall submit to the
    congressional defense committees a report setting forth the
    personnel and budget resources of the Technology Security
    Directorate as of October 1, 1998, and as of September 30,
    1999, as well as any planned increases in those resources for
    fiscal years 2000 and 2001. The report shall include the
    following:
              (1) Numbers of personnel, measured in full-time
            equivalents.
              (2) Number of license applications reviewed.
              (3) The budget of the Technology Security
            Directorate.
              (4) The number of personnel during the preceding
            fiscal year assigned to the Technology Security
            Directorate who were assigned during that year to
            assist in activities of the Defense Threat Reduction
            Agency unrelated to technology security or export
            control issues, together with an explanation of the
            effect of any such assignment on the Directorate's
            ability to fulfill its mission.
              * * * * * * *

    SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.

        (a) Establishment.--The Secretary of Defense shall
    establish a Center for the Study of Chinese Military Affairs as
    part of the National Defense University. The Center shall be
    organized under the Institute for National Strategic Studies of
    the University.
        (b) Qualifications of Director.--The Director of the Center
    shall be an individual who is a distinguished scholar of proven
    academic, management, and leadership credentials with a
    superior record of achievement and publication regarding
    Chinese political, strategic, and military affairs.
        (c) Mission.--The mission of the Center is to study and
    inform policymakers in the Department of Defense, Congress, and
    throughout the Government regarding the national goals and
    strategic posture of the People's Republic of China and the
    ability of that nation to develop, field, and deploy an
    effective military instrument in support of its national
    strategic objectives. The Center shall accomplish that mission
    by a variety of means intended to widely disseminate the
    research findings of the Center.
        (d) Startup of Center.--The Secretary of Defense shall
    establish the Center for the Study of Chinese Military Affairs
    not later than March 1, 2000. The first Director of the Center
    shall be appointed not later than June 1, 2000. The Center
    should be fully operational not later than June 1, 2001.
        (e) Implementation Report.--(1) Not later than January 1,
    2001, the President of the National Defense University shall
    submit to the Secretary of Defense a report setting forth the
    President's organizational plan for the Center for the Study of
    Chinese Military Affairs, the proposed budget for the Center,
    and the timetable for initial and full operations of the
    Center. The President of the National Defense University shall
    prepare that report in consultation with the Director of the
    Center and the Director of the Institute for National Strategic
    Studies of the University.
        (2) The Secretary of Defense shall transmit the report
    under paragraph (1), together with whatever comments the
    Secretary considers appropriate, to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives not later than February 1, 2001.

    SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR SECURITY
                        STUDIES OF FOREIGN GIFTS AND DONATIONS.

        (a) In General.--Chapter 155 of title 10, United States
    Code, is amended by adding at the end the following new
    section: * * * \4\
    ---------------------------------------------------------------------------
        \4\ See 10 U.S.C. 2611.
    ---------------------------------------------------------------------------
              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT
                        TERRORISM.

        (a) Report Requirement.--Not later than December 31, 1999,
    the Secretary of Defense shall submit to the congressional
    defense committees a report, in classified and unclassified
    form, identifying all programs and activities of the Department
    of Defense combating terrorism program. The report shall
    include--
              (1) the definitions used by the Department of Defense
            for all terms relating to combating terrorism,
            including ``counterterrorism'', ``anti-terrorism'', and
            ``consequence management''; and
              (2) the various initiatives and projects being
            conducted by the Department that fall under each of the
            categories referred to in paragraph (1).
        (b) Annual Budget Information.--(1) Chapter 9 of title 10,
    United States Code, is amended by adding at the end the
    following new section: * * * \5\
    ---------------------------------------------------------------------------
        \5\ See 10 U.S.C. 229.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN
                        YUGOSLAVIA.

        If the President determines that it is in the national
    security interest of the United States to conduct combat or
    peacekeeping operations in the Federal Republic of Yugoslavia
    during fiscal year 2000, the President shall transmit to the
    Congress a supplemental appropriations request for the
    Department of Defense for such amounts as are necessary for the
    costs of any such operation.

    SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 2000.

        (a) Fiscal Year 2000 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 2000 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 1999, of funds appropriated for fiscal
            years before fiscal year 2000 for payments for those
            budgets.
              (2) The amount specified in subsection (c)(1).
              (3) The amount specified in subsection (c)(2).
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Authorized Amounts.--Amounts authorized to be
    appropriated by titles II and III of this Act are available for
    contributions for the common-funded budgets of NATO as follows:
              (1) Of the amount provided in section 201(1),
            $750,000 for the Civil Budget.
              (2) Of the amount provided in section 301(1),
            $216,400,000 for the Military Budget.
        (d) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30, 1998.

    SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR
                        FISCAL YEAR 2000.

        (a) Limitation.--(1) Of the amounts authorized to be
    appropriated by section 301(24) of this Act for the Overseas
    Contingency Operations Transfer Fund, no more than
    $1,824,400,000 may be obligated for incremental costs of the
    Armed Forces for Bosnia peacekeeping operations.
        (2) The President may waive the limitation in paragraph (1)
    after submitting to Congress the following:
              (A) The President's written certification that the
            waiver is necessary in the national security interests
            of the United States.
              (B) The President's written certification that
            exercising the waiver will not adversely affect the
            readiness of United States military forces.
              (C) A report setting forth the following:
                      (i) The reasons that the waiver is necessary
                    in the national security interests of the
                    United States.
                      (ii) The specific reasons that additional
                    funding is required for the continued presence
                    of United States military forces participating
                    in, or supporting, Bosnia peacekeeping
                    operations for fiscal year 2000.
                      (iii) A discussion of the impact on the
                    military readiness of United States Armed
                    Forces of the continuing deployment of United
                    States military forces participating in, or
                    supporting, Bosnia peacekeeping operations.
              (D) A supplemental appropriations request for the
            Department of Defense for such amounts as are necessary
            for the additional fiscal year 2000 costs associated
            with United States military forces participating in, or
            supporting, Bosnia peacekeeping operations.
        (b) Bosnia Peacekeeping Operations Defined.--For the
    purposes of this section, the term ``Bosnia peacekeeping
    operations'' has the meaning given such term in section 1004(e)
    of the Strom Thurmond National Defense Authorization Act for
    Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 1004(e) of Public Law 105-261 (112 Stat. 2112) provided as
    follows:
        ``(e) Bosnia Peacekeeping Operations Defined.--For the purposes of
    this section, the term `Bosnia peacekeeping operations'--
    ---------------------------------------------------------------------------

      ``(1) means the operation designated as Operation Joint Forge and any
    other operation involving the participation of any of the Armed Forces in
    peacekeeping or peace enforcement activities in and around the Republic of
    Bosnia and Herzegovina; and

      ``(2) includes, with respect to Operation Joint Forge or any such other
    operation, each activity that is directly related to the support of the
    operation.''.

              * * * * * * *

                    Subtitle B--Naval Vessels and Shipyards

              * * * * * * *

    SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.

        (a) Transfer to Thailand.--The Secretary of the Navy is
    authorized to transfer to the Government of Thailand the
    CYCLONE class coastal patrol craft CYCLONE (PC1) or a craft
    with a similar hull. The transfer shall be made on a sale,
    lease, lease/buy, or grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
        (b) Costs.--Any expense incurred by the United States in
    connection with the transfer authorized by subsection (a) shall
    be charged to the Government of Thailand.
        (c) Repair and Refurbishment in United States Shipyard.--To
    the maximum extent practicable, the Secretary of the Navy shall
    require, as a condition of the transfer of the vessel to the
    Government of Thailand under this section, that the Government
    of Thailand have such repair or refurbishment of the vessel as
    is needed, before the vessel joins the naval forces of that
    country, performed at a United States naval shipyard or other
    shipyard located in the United States.
        (d) Expiration of Authority.--The authority to transfer a
    vessel under subsection (a) shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.

    SEC. 1018.\7\ AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
                        COUNTRIES.

        (a) Authority To Transfer.--
              (1) Dominican republic.--The President \8\ is
            authorized to transfer to the Government of the
            Dominican Republic the medium auxiliary floating dry
            dock AFDM 2. Such transfer shall be on a grant basis
            under section 516 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2321j).
    ---------------------------------------------------------------------------
        \7\ 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 2001 and 2001 (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.''.
        \8\ Sec. 1271(b)(1) of the Security Assistance Act of 1999 (title
    XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
    Authorization Act, Fiscal Years 2001 and 2001 (enacted by reference in
    sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) struck out
    ``Secretary of the Navy'' and inserted ``President'' in subsecs. (a)
    and (d).
    ---------------------------------------------------------------------------
              (2) Ecuador.--The President \8\ is authorized to
            transfer to the Government of Ecuador the ``OAK RIDGE''
            class medium auxiliary repair dry dock ALAMOGORDO (ARDM
            2). Such transfer shall be on a grant basis under
            section 516 of the Foreign Assistance Act of 1961 (22
            U.S.C. 2321j).
              (3) Egypt.--The President \8\ is authorized to
            transfer to the Government of Egypt the ``NEWPORT''
            class tank landing ships BARBOUR COUNTY (LST 1195) and
            PEORIA (LST 1183). Such transfers shall be on a sale
            basis under section 21 of the Arms Export Control Act
            (22 U.S.C. 2761).
              (4) Greece.--The President \8\ is authorized to
            transfer to the Government of Greece the ``KNOX'' class
            frigate CONNOLE (FF 1056). Such transfer shall be on a
            grant basis under section 516 of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2321j).
              (5) Mexico.--The President \8\ is authorized to
            transfer to the Government of Mexico the ``NEWPORT''
            class tank landing ship NEWPORT (LST 1179) and the
            ``KNOX'' class frigate WHIPPLE (FF 1062). Such
            transfers shall be on a sale basis under section 21 of
            the Arms Export Control Act (22 U.S.C. 2761).
              (6) Poland.--The President \8\ is authorized to
            transfer to the Government of Poland the ``OLIVER
            HAZARD PERRY'' class guided missile frigate CLARK (FFG
            11). Such transfer shall be on a grant basis under
            section 516 of the Foreign Assistance Act of 1961 (22
            U.S.C. 2321j).
              (7) Taiwan.--The President \8\ is authorized to
            transfer to the Taipei Economic and Cultural
            Representative Office in the United States (which is
            the Taiwan instrumentality designated pursuant to
            section 10(a) of the Taiwan Relations Act) the
            ``NEWPORT'' class tank landing ship SCHENECTADY (LST
            1185). Such transfer shall be on a sale basis under
            section 21 of the Arms Export Control Act (22 U.S.C.
            2761).
              (8) Thailand.--The President \8\ is authorized to
            transfer to the Government of Thailand the ``KNOX''
            class frigate TRUETT (FF 1095). Such transfer shall be
            on a grant basis under section 516 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321j).
              (9) Turkey.--The President \8\ is authorized to
            transfer to the Government of Turkey the ``OLIVER
            HAZARD PERRY'' class guided missile frigates FLATLEY
            (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers
            shall be on a sale basis under section 21 of the Arms
            Export Control Act (22 U.S.C. 2761).
        (b) \9\ Costs of Transfers.--Any expense of the United
    States in connection with a transfer authorized by subsection
    (a) shall be charged to the recipient.
    ---------------------------------------------------------------------------
        \9\ Sec. 1271(b) Security Assistance Act of 1999 (title XII of the
    Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
    Act, Fiscal Years 2001 and 2001 (enacted by reference in sec.
    1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), struck out subsec.
    (b) and redesignated former subsecs. (c) through (e) as subsecs. (b)
    through (d), respectively. Former subsec. (b) had provided as follows:
        ``(b) Inapplicability of Aggregate Annual Limitation on Value of
    Transferred Excess Defense Articles.--The value of naval vessels
    authorized by subsection (a) to be transferred on a grant basis under
    section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)
    shall not be included in the aggregate annual value of transferred
    excess defense articles which is subject to the aggregate annual
    limitation set forth in subsection (g) of that section.''.
    ---------------------------------------------------------------------------
        (c) \9\ Repair and Refurbishment in United States
    Shipyards.--To the maximum extent practicable, the President
    \8\ shall require, as a condition of the transfer of a vessel
    under subsection (a), that the country to which the vessel is
    transferred have such repair or refurbishment of the vessel as
    is needed, before the vessel joins the naval forces of that
    country, performed at a shipyard located in the United States,
    including a United States Navy shipyard.
        (d) \9\ Expiration of Authority.--The authority granted by
    subsection (a) shall expire at the end of the two-year period
    beginning on the date of the enactment of this Act.

       Subtitle C--Support for Civilian Law Enforcement and Counter Drug
                                   Activities

              * * * * * * *

    SEC. 1023.\10\ MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO RESPOND TO
                        ACT OR THREAT OF TERRORISM.

        (a) Authority to Provide Assistance.--The Secretary of
    Defense, upon the request of the Attorney General, may provide
    assistance to civil authorities in responding to an act of
    terrorism or threat of an act of terrorism, including an act of
    terrorism or threat of an act of terrorism that involves a
    weapon of mass destruction, within the United States, if the
    Secretary determines that--
    ---------------------------------------------------------------------------
        \10\ 10 U.S.C. 382 note.
    ---------------------------------------------------------------------------
              (1) special capabilities and expertise of the
            Department of Defense are necessary and critical to
            respond to the act of terrorism or the threat of an act
            of terrorism; and
              (2) the provision of such assistance will not
            adversely affect the military preparedness of the Armed
            Forces.
        (b) Nature of Assistance.--Assistance provided under
    subsection (a) may include the deployment of Department of
    Defense personnel and the use of any Department of Defense
    resources to the extent and for such period as the Secretary of
    Defense determines necessary to prepare for, prevent, or
    respond to an act or threat of an act of terrorism described in
    that subsection. Actions taken to provide the assistance may
    include the prepositioning of Department of Defense personnel,
    equipment, and supplies.
        (c) Reimbursement.--(1) Except as provided in paragraph
    (2), assistance provided under this section shall be provided
    on a reimbursable basis. Notwithstanding any other provision of
    law, the amounts of reimbursement shall be limited to the
    amounts of the incremental costs incurred by the Department of
    Defense to provide the assistance.
        (2) In extraordinary circumstances, the Secretary of
    Defense may waive the requirement for reimbursement if the
    Secretary determines that such a waiver is in the national
    security interests of the United States and submits to Congress
    a notification of the determination.
        (3) If funds are appropriated for the Department of Justice
    to cover the costs of responding to an act or threat of an act
    of terrorism for which assistance is provided under subsection
    (a), the Attorney General shall reimburse the Department of
    Defense out of such funds for the costs incurred by the
    Department in providing the assistance, without regard to
    whether the assistance was provided on a nonreimbursable basis
    pursuant to a waiver under paragraph (2).
        (d) Annual Limitation on Funding.--Not more than
    $10,000,000 may be obligated to provide assistance under
    subsection (a) during any fiscal year.
        (e) Personnel Restrictions.--In providing assistance under
    this section, a member of the Army, Navy, Air Force, or Marine
    Corps may not, unless otherwise authorized by law--
              (1) directly participate in a search, seizure,
            arrest, or other similar activity; or
              (2) collect intelligence for law enforcement
            purposes.
        (f) Nondelegability of Authority.--(1) The Secretary of
    Defense may not delegate to any other official the authority to
    make determinations and to authorize assistance under this
    section.
        (2) The Attorney General may not delegate to any other
    official authority to make a request for assistance under
    subsection (a).
        (g) Relationship to Other Authority.--The authority
    provided in this section is in addition to any other authority
    available to the Secretary of Defense, and nothing in this
    section shall be construed to restrict any authority regarding
    use of members of the Armed Forces or equipment of the
    Department of Defense that was in effect before the date of the
    enactment of this Act.
        (h) Definitions.--In this section:
              (1) Threat of an act of terrorism.--The term ``threat
            of an act of terrorism'' includes any circumstance
            providing a basis for reasonably anticipating an act of
            terrorism, as determined by the Secretary of Defense in
            consultation with the Attorney General and the
            Secretary of the Treasury.
              (2) Weapon of mass destruction.--The term ``weapon of
            mass destruction'' has the meaning given the term in
            section 1403 of the Defense Against Weapons of Mass
            Destruction Act of 1996 (50 U.S.C. 2302(1)).
        (i) Duration of Authority.--The authority provided by this
    section applies during the period beginning on October 1, 1999,
    and ending on September 30, 2004.

    SEC. 1024.\11\ CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS
                        FOR UNITED STATES SOUTHERN COMMAND COUNTER-DRUG
                        DETECTION AND MONITORING FLIGHTS.

        (a) Condition.--Except as provided in subsection (b), none
    of the funds appropriated or otherwise made available to the
    Department of Defense for any fiscal year may be obligated or
    expended for the purpose of improving the physical
    infrastructure at any proposed forward operating location
    outside the United States from which the United States Southern
    Command may conduct counter-drug detection and monitoring
    flights until a formal agreement regarding the extent and use
    of, and host nation support for, the forward operating location
    is executed by both the host nation and the United States.
    ---------------------------------------------------------------------------
        \11\ 10 U.S.C. 124 note.
    ---------------------------------------------------------------------------
        (b) Exception.--The limitation in subsection (a) does not
    apply to an unspecified minor military construction project
    authorized by section 2805 of title 10, United States Code.

    SEC. 1025.\12\ ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN
                        COLOMBIA.

        Not later than January 1 of each year, the Secretary of
    Defense shall submit to the Committee on Armed Services and the
    Committee on Foreign Relations of the Senate and the Committee
    on Armed Services and the Committee on International Relations
    of the House of Representatives a report detailing the number
    of members of the United States Armed Forces deployed or
    otherwise assigned to duty in Colombia at any time during the
    preceding year, the length and purpose of the deployment or
    assignment, and the costs and force protection risks associated
    with such deployments and assignments.
    ---------------------------------------------------------------------------
        \12\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO ASSIST
                        IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS
                        SERVICE.

        (a) Preparation of Plan.--(1) The Secretary of Defense
    shall prepare a plan to assign members of the Army, Navy, Air
    Force, or Marine Corps to assist the Immigration and
    Naturalization Service or the United States Customs Service
    should the President determine, and the Attorney General or the
    Secretary of the Treasury, as the case may be, certify, that
    military personnel are required to respond to a threat to
    national security posed by the entry into the United States of
    terrorists or drug traffickers.
        (2) The Secretary shall ensure that activities proposed to
    be performed by military personnel under the plan are
    consistent with section 1385 of title 18, United States Code
    (popularly known as the Posse Comitatus Act), and shall include
    in the plan a training program for military personnel who would
    be assigned to assist Federal law enforcement agencies--
              (A) in preventing the entry of terrorists and drug
            traffickers into the United States; and
              (B) in the inspection of cargo, vehicles, and
            aircraft at points of entry into the United States for
            weapons of mass destruction, prohibited narcotics, or
            other terrorist or drug trafficking items.
        (b) Report on Use of Military Personnel to Support Civilian
    Law Enforcement.--Not later than May 1, 2000, the Secretary of
    Defense shall submit to the Committee on Armed Services of the
    House of Representatives and the Committee on Armed Services of
    the Senate a report containing--
              (1) the plan required by subsection (a);
              (2) a discussion of the risks and benefits associated
            with using military personnel to provide the law
            enforcement support described in subsection (a)(2);
              (3) recommendations regarding the functions outlined
            in the plan most appropriate to be performed by
            military personnel; and
              (4) the total number of active and reserve members,
            and members of the National Guard whose activities were
            supported using funds provided under section 112 of
            title 32, United States Code, who participated in drug
            interdiction activities or otherwise provided support
            for civilian law enforcement during fiscal year 1999.

           Subtitle D--Miscellaneous Report Requirements and Repeals

    SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.

        Section 3003(a)(1) of the Federal Reports Elimination and
    Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
    report required to be submitted under any of the following
    provisions of law: * * * \13\
    ---------------------------------------------------------------------------
        \13\ For this and other Public Laws relating to recent efforts to
    reduce or retain reporting requirements, see Legislation on Foreign
    Relations Through 2005, vol. IV.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL
                        MILITARY STRATEGY.

        (a) Report.--Not later than April 1 each year (but subject
    to subsection (e)),\14\ the Secretary of Defense shall submit
    to the Committees on Armed Services of the Senate and the House
    of Representatives a report in unclassified form assessing the
    effect of continued operations in the Balkans region on--
    ---------------------------------------------------------------------------
        \14\ Sec. 1211(1) of Public Law 106-398 (114 Stat. 1654A-805)
    struck out ``Not later than 180 days after the date of the enactment of
    this Act,'' and inserted in lieu thereof ``Not later than April 1 each
    year (but subject to subsection (e)),''.
    ---------------------------------------------------------------------------
              (1) the ability of the Armed Forces to successfully
            meet other regional contingencies; and
              (2) the readiness of the Armed Forces to execute the
            National Military Strategy.
        (b) Matters To Be Included.--Each report \15\ under
    subsection (a) shall include the following:
    ---------------------------------------------------------------------------
        \15\ Sec. 1211(2) of Public Law 106-398 (114 Stat. 1654A-806)
    struck out ``The report'' and inserted in lieu thereof ``Each report''.
    ---------------------------------------------------------------------------
              (1) All models used by the Chairman of the Joint
            Chiefs of Staff to assess the capability of the United
            States to execute the full range of missions under the
            National Military Strategy and all other models used by
            the Armed Forces to assess that capability.
              (2) Separate assessments that would result from the
            use of those models if it were necessary to execute the
            full range of missions called for under the National
            Military Strategy under each of the scenarios set forth
            in subsection (c), including the levels of casualties
            the United States would be projected to incur.
              (3) Assumptions made about the readiness levels of
            major units included in each such assessment, including
            equipment, personnel, and training readiness and
            sustainment ability.
              (4) The increasing levels of casualties that would be
            projected under each such scenario over a range of
            risks of prosecuting two Major Theater Wars that
            proceeds from low-moderate risk to moderate-high risk.
              (5) An estimate of--
                      (A) the total resources needed to attain a
                    moderate-high risk under those scenarios;
                      (B) the total resources needed to attain a
                    low-moderate risk under those scenarios; and
                      (C) the incremental resources needed to
                    decrease the level of risk from moderate-high
                    to low-moderate.
        (c) Scenarios To Be Used.--The scenarios to be used for
    purposes of paragraphs (1), (2), and (3) of subsection (b) are
    the following:
              (1) That while the Armed Forces are engaged in
            operations at the level of the operations ongoing as of
            the date of the enactment of this Act, international
            armed conflict begins--
                      (A) on the Korean peninsula; and
                      (B) first on the Korean peninsula and then 45
                    days later in Southwest Asia.
              (2) That while the Armed Forces are engaged in
            operations at the peak level reached during Operation
            Allied Force against the Federal Republic of
            Yugoslavia, international armed conflict begins--
                      (A) on the Korean peninsula; and
                      (B) first on the Korean peninsula and then 45
                    days later in Southwest Asia.
        (d) Consultation.--In preparing a report \16\ under this
    section, the Secretary of Defense shall consult with the
    Chairman of the Joint Chiefs of Staff, the commanders of the
    unified commands, the Secretaries of the military departments,
    and the heads of the combat support agencies and other such
    entities within the Department of Defense as the Secretary
    considers necessary.
    ---------------------------------------------------------------------------
        \16\ Sec. 1211(3) of Public Law 106-398 (114 Stat. 1654A-806)
    struck out ``the report'' and inserted in lieu thereof ``a report''.
    ---------------------------------------------------------------------------
        (e) \17\ Termination When United States Military Operations
    End.--(1) No report is required under this section after United
    States military operations in the Balkans region have ended.
    ---------------------------------------------------------------------------
        \17\ Sec. 1211(4) of Public Law 106-398 (114 Stat. 1654A-806) added
    subsec. (e).
    ---------------------------------------------------------------------------
        (2) After the requirement for an annual report under this
    section is terminated by operation of paragraph (1), but not
    later than the latest date on which the next annual report
    under this section would, except for paragraph (1), otherwise
    be due, the Secretary of Defense shall transmit to Congress a
    notification of the termination of the reporting requirement.

    SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.

        (a) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    Congress a report on the Department's plans for establishing
    and deploying Rapid Assessment and Initial Detection (RAID)
    teams for responses to incidents involving a weapon of mass
    destruction. The report shall include the following:
              (1) A description of the capabilities of a RAID team
            and a comparison of those capabilities to the
            capabilities of other Federal, State, and local WMD
            responders.
              (2) An assessment of the manner in which a RAID team
            complements the mission, functions, and capabilities of
            other Federal, State, and local WMD responders.
              (3) The Department's plan for conducting realistic
            exercises involving RAID teams, including exercises
            with other Federal, State, and local WMD responders.
              (4) A description of the command and control
            relationships between the RAID teams and Federal,
            State, and local WMD responders.
              (5) An assessment of the degree to which States have
            integrated, or are planning to integrate, RAID teams
            into other-than-weapon-of-mass-destruction missions of
            State or local WMD responders.
              (6) A specific description and analysis of the
            procedures that have been established or agreed to by
            States for the use in one State of a RAID team that is
            based in another State.
              (7) An identification of those States where the
            deployment of out-of-State RAID teams is not governed
            by existing interstate compacts.
              (8) An assessment of the Department's progress in
            developing an appropriate national level compact for
            interstate sharing of resources that would facilitate
            consistent and effective procedures for the use of out-
            of-State RAID teams.
              (9) An assessment of the measures that will be taken
            to recruit, train, maintain the proficiency of, and
            retain members of the RAID teams, to include those
            measures to provide for their career progression.
        (b) Definitions.--In this section:
              (1) The term ``Rapid Assessment and Initial Detection
            team'' or ``RAID team'' refers to a military unit
            comprised of Active Guard and Reserve personnel
            organized, trained, and equipped to conduct domestic
            missions in the United States in response to the use
            of, or threatened use of, a weapon of mass destruction.
              (2) The term ``WMD responder'' means an organization
            responsible for responding to an incident involving a
            weapon of mass destruction.
              (3) The term ``weapon of mass destruction'' has the
            meaning given that term in section 1403(1) of the
            Defense Against Weapons of Mass Destruction Act of 1996
            (50 U.S.C. 2302(1)).
              * * * * * * *

    SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET
                        SUBMISSION FOR FISCAL YEAR 2001.

        (a) Requirement for Report.--The Secretary of Defense shall
    submit to the congressional defense committees, on the date
    that the President submits the budget for fiscal year 2001 to
    Congress under section 1105(a) of title 31, United States Code,
    a report on the relationship between the budget proposed for
    budget function 050 (National Defense) for that fiscal year and
    the then-current and emerging threats to the national security
    interests of the United States identified in the annual
    national security strategy report required under section 108 of
    the National Security Act of 1947 (50 U.S.C. 404a). The report
    shall be prepared in coordination with the Chairman of the
    Joint Chiefs of Staff and the Director of Central Intelligence.
        (b) Content.--The report shall contain the following:
              (1) A detailed description of the threats referred to
            in subsection (a).
              (2) An analysis of those threats in terms of the
            probability that an attack or other threat event will
            actually occur, the military challenge posed by those
            threats, and the potential damage that those threats
            could have to the national security interests of the
            United States.
              (3) An analysis of the allocation of funds in the
            fiscal year 2001 budget and the future-years defense
            program that addresses each of those threats.
              (4) A justification for each major defense
            acquisition program (as defined in section 2430 of
            title 10, United States Code) that is provided for in
            the budget in light of the description and analyses set
            forth in the report pursuant to this subsection.
        (c) Form of Report.--The report shall be submitted in
    unclassified form, but may also be submitted in classified form
    if necessary.

    SEC. 1039.\18\ REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \18\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) At the meeting of the North Atlantic Council held
            in Washington, DC, in April 1999, the NATO Heads of
            State and Governments launched a Defense Capabilities
            Initiative.
              (2) The Defense Capabilities Initiative is designed
            to improve the defense capabilities of the individual
            nations of the NATO Alliance to ensure the
            effectiveness of future operations across the full
            spectrum of Alliance missions in the present and
            foreseeable security environment.
              (3) Under the Defense Capabilities Initiative,
            special focus will be given to improving
            interoperability among Alliance forces and to
            increasing defense capabilities through improvements in
            the deployability and mobility of Alliance forces, the
            sustainability and logistics of those forces, the
            survivability and effective engagement capability of
            those forces, and command and control and information
            systems.
              (4) The successful implementation of the Defense
            Capabilities Initiative will serve to enable all
            members of the Alliance to make a more equitable
            contribution to the full spectrum of Alliance missions,
            thereby increasing burdensharing within the Alliance
            and enhancing the ability of European members of the
            Alliance to undertake operations pursuant to the
            European Security and Defense Identity within the
            Alliance.
        (b) \19\ * * * [Repealed--2003]
    ---------------------------------------------------------------------------
        \19\ Sec. 1031(h)(3) of Public Law 108-136 (117 Stat. 1605)
    repealed subsec. (b), which had required an annual report of the
    Secretary of Defense on implementation of the Defense Capabilities
    Initiative by the nations of the NATO Alliance.
    ---------------------------------------------------------------------------
              * * * * * * *

                        Subtitle E--Information Security

              * * * * * * *

    SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY AND
                        COUNTERINTELLIGENCE FAILURES WITHIN DEFENSE
                        PROGRAMS.

        (a) In General.--Chapter 161 of title 10, United States
    Code, is amended by adding at the end the following new
    section: * * * \20\
    ---------------------------------------------------------------------------
        \20\ See 10 U.S.C. 2723.
    ---------------------------------------------------------------------------

                Subtitle F--Memorial Objects and Commemorations

              * * * * * * *

    SEC. 1053.\21\ COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \21\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) The Cold War between the United States and its
            allies and the former Union of Soviet Socialist
            Republics and its allies was the longest and most
            costly struggle for democracy and freedom in the
            history of mankind.
              (2) Whether millions of people all over the world
            would live in freedom hinged on the outcome of the Cold
            War.
              (3) Democratic countries bore the burden of the
            struggle and paid the costs in order to preserve and
            promote democracy and freedom.
              (4) The Armed Forces and the taxpayers of the United
            States bore the greatest portion of that burden and
            struggle in order to protect those principles.
              (5) Tens of thousands of United States soldiers,
            sailors, airmen, and \22\ Marines paid the ultimate
            price during the Cold War in order to preserve the
            freedoms and liberties enjoyed in democratic countries.
    ---------------------------------------------------------------------------
        \22\ Sec. 1048(g)(7) of Public Law 107-107 (115 Stat. 1228)
    inserted ``and'' before ``Marines''.
    ---------------------------------------------------------------------------
              (6) The Berlin Wall erected in Berlin, Germany,
            epitomized the totalitarianism that the United States
            struggled to eradicate during the Cold War.
              (7) The fall of the Berlin Wall on November 9, 1989,
            was a major event of the Cold War.
              (8) The Soviet Union collapsed on December 25, 1991.
        (b) Sense of Congress.--It is the sense of Congress that
    the President should issue a proclamation calling on the people
    of the United States to observe the victory in the Cold War
    with appropriate ceremonies and activities.
        (c) Participation of Armed Forces in Celebration of End of
    Cold War.--(1) Subject to paragraphs (2), (3), and (4), amounts
    authorized to be appropriated by section 301 may be available
    for costs of the Armed Forces in participating in a celebration
    of the end of the Cold War to be held in Washington, District
    of Columbia.
        (2) The total amount of funds available under paragraph (1)
    for the purpose set forth in that paragraph shall not exceed
    $5,000,000.
        (3) The Secretary of Defense may accept contributions from
    the private sector for the purpose of reducing the costs of the
    Armed Forces described in paragraph (1). The amount of funds
    available under paragraph (1) for the purpose set forth in that
    paragraph shall be reduced by an amount equal to the amount of
    contributions accepted by the Secretary under the preceding
    sentence.
        (4) The funding authorized in paragraph (1) shall not be
    available until 30 days after the date upon which the plan
    required by subsection (d) is submitted.
        (d) Report.--(1) The President shall transmit to Congress--
              (A) a report on the content of the proclamation
            referred to in subsection (b); and
              (B) a plan for appropriate ceremonies and activities.
        (2) The plan submitted under paragraph (1) shall include
    the following:
              (A) A discussion of the content, location, date, and
            time of each ceremony and activity included in the
            plan.
              (B) The funding allocated to support those ceremonies
            and activities.
              (C) The organizations and individuals consulted while
            developing the plan for those ceremonies and
            activities.
              (D) A list of private sector organizations and
            individuals that are expected to participate in each
            ceremony and activity.
              (E) A list of local, State, and Federal agencies that
            are expected to participate in each ceremony and
            activity.
        (e) Commission on Victory in the Cold War.--(1) There is
    hereby established a commission to be known as the ``Commission
    on Victory in the Cold War''.
        (2) The Commission shall be composed of twelve members, as
    follows:
              (A) Two shall be appointed by the President.
              (B) Three shall be appointed by the Speaker of the
            House of Representatives.
              (C) Two shall be appointed by the minority leader of
            the House of Representatives.
              (D) Three shall be appointed by the majority leader
            of the Senate.
              (E) Two shall be appointed by the minority leader of
            the Senate.
        (3) The Commission shall review and make recommendations
    regarding the celebration of the victory in the Cold War, to
    include the date of the celebration, usage of facilities,
    participation of the Armed Forces, and expenditure of funds.
        (4) The Secretary shall--
              (A) consult with the Commission on matters relating
            to the celebration of the victory in the Cold War;
              (B) reimburse Commission members for expenses
            relating to participation of Commission members in
            Commission activities from funds made available under
            subsection (c); and
              (C) provide the Commission with administrative
            support.
        (5) The Commission shall be co-chaired by two members as
    follows:
              (A) One selected by and from among those appointed
            pursuant to subparagraphs (A), (C), and (E) of
            paragraph (2).
              (B) One selected by and from among those appointed
            pursuant to subparagraphs (B) and (D) of paragraph (2).

                           Subtitle G--Other Matters

    SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION AND
                        RADIO AS A PROPAGANDA INSTRUMENT IN TIME OF
                        MILITARY CONFLICT.

        (a) Establishment of Task Force.--The Secretary of Defense
    shall establish a task force of the Defense Science Board to
    examine--
              (1) the use of radio and television broadcasting as a
            propaganda instrument in time of military conflict; and
              (2) the adequacy of the capabilities of the Armed
            Forces to make such uses of radio and television during
            conflicts such as the conflict in the Federal Republic
            of Yugoslavia in the spring of 1999.
        (b) Duties of Task Force.--The task force shall assess and
    develop recommendations as to the appropriate capabilities, if
    any, that the Armed Forces should have to broadcast radio and
    television into a region in time of military conflict so as to
    ensure that the general public in that region is exposed to the
    facts of the conflict. In making that assessment and developing
    those recommendations, the task force shall review the
    following:
              (1) The capabilities of the Armed Forces to develop
            programming and to make broadcasts that can reach a
            large segment of the general public in a country such
            as the Federal Republic of Yugoslavia.
              (2) The potential of various Department of Defense
            airborne or land-based mechanisms to have capabilities
            described in paragraph (1), including improvements to
            the EC-130 Commando Solo aircraft and the use of other
            airborne platforms, unmanned aerial vehicles, and land-
            based transmitters in conjunction with satellites.
              (3) Other issues relating to the use of television
            and radio as a propaganda instrument in time of
            conflict.
        (c) Report.--The task force shall submit to the Secretary
    of Defense a report containing its assessments and
    recommendations under subsection (b) not later than February 1,
    2000. The Secretary shall submit the report, together with the
    comments and recommendations of the Secretary, to the
    congressional defense committees not later than March 1, 2000.
              * * * * * * *

    SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.

        Section 1404 of the Defense Against Weapons of Mass
    Destruction Act of 1998 (title XIV of Public Law 105-261; 50
    U.S.C. 2301 note) is amended to read as follows: * * * \23\
    ---------------------------------------------------------------------------
        \23\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. II.
    ---------------------------------------------------------------------------

    SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.

        (a) Authority To Transfer Agents.--(1) The Secretary of
    Defense may transfer to the Attorney General, in accordance
    with the Chemical Weapons Convention, quantities of lethal
    chemical agents required to support training at the Center for
    Domestic Preparedness in Fort McClellan, Alabama. The quantity
    of lethal chemical agents transferred under this section may
    not exceed that required to support training for emergency
    first-response personnel in addressing the health, safety, and
    law enforcement concerns associated with potential terrorist
    incidents that might involve the use of lethal chemical weapons
    or agents, or other training designated by the Attorney
    General.
        (2) The Secretary of Defense, in coordination with the
    Attorney General, shall determine the amount of lethal chemical
    agents that shall be transferred under this section. Such
    amount shall be transferred from quantities of lethal chemical
    agents that are produced, acquired, or retained by the
    Department of Defense.
        (3) The Secretary of Defense may not transfer lethal
    chemical agents under this section until--
              (A) the Center referred to in paragraph (1) is
            transferred from the Department of Defense to the
            Department of Justice; and
              (B) the Secretary determines that the Attorney
            General is prepared to receive such agents.
        (4) To carry out the training described in paragraph (1)
    and other defensive training not prohibited by the Chemical
    Weapons Convention, the Secretary of Defense may transport
    lethal chemical agents from a Department of Defense facility in
    one State to a Department of Justice or Department of Defense
    facility in another State.
        (5) Quantities of lethal chemical agents transferred under
    this section shall meet all applicable requirements for
    transportation, storage, treatment, and disposal of such agents
    and for any resulting hazardous waste products.
        (b) Annual Report.--The Secretary of Defense, in
    consultation with the Attorney General, shall report annually
    to Congress regarding the disposition of lethal chemical agents
    transferred under this section.
        (c) Non-Interference With Treaty Obligations.--Nothing in
    this section may be construed as interfering with United States
    treaty obligations under the Chemical Weapons Convention.
        (d) Chemical Weapons Convention Defined.--In this section,
    the term ``Chemical Weapons Convention'' means the Convention
    on the Prohibition of the Development, Production, Stockpiling
    and Use of Chemical Weapons and on Their Destruction, opened
    for signature on January 13, 1993.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

         Subtitle A--Matters Relating to the People's Republic of China

    Sec. 1201. Limitation on military-to-military exchanges and contacts
              with Chinese People's Liberation Army.
    Sec. 1202. Annual report on military power of the People's Republic of
              China.

                   Subtitle B--Matters Relating to the Balkans

    Sec. 1211. Department of Defense report on the conduct of Operation
              Allied Force and associated relief operations.
    Sec. 1212. Sense of Congress regarding the need for vigorous prosecution
              of war crimes, genocide, and crimes against humanity in the
              former Republic of Yugoslavia.

              Subtitle C--Matters Relating to NATO and Other Allies

    Sec. 1221. Legal effect of the new strategic concept of NATO.
    Sec. 1222. Report on allied capabilities to contribute to major theater
              wars.
    Sec. 1223. Attendance at professional military education schools by
              military personnel of the new member nations of NATO.

                            Subtitle D--Other Matters

    Sec. 1231. Multinational economic embargoes against governments in armed
              conflict with the United States.
    Sec. 1232. Limitation on deployment of Armed Forces in Haiti during
              fiscal year 2000 and congressional notice of deployments to
              Haiti.
    Sec. 1233. Report on the security situation on the Korean peninsula.
    Sec. 1234. Sense of Congress regarding the continuation of sanctions
              against Libya.
    Sec. 1235. Sense of Congress and report on disengaging from noncritical
              overseas missions involving United States combat forces.

         Subtitle A--Matters Relating to the People's Republic of China

    SEC. 1201.\24\ LIMITATION ON MILITARY-TO-MILITARY EXCHANGES AND
                        CONTACTS WITH CHINESE PEOPLE'S LIBERATION ARMY.

        (a) Limitation.--The Secretary of Defense may not authorize
    any military-to-military exchange or contact described in
    subsection (b) to be conducted by the armed forces with
    representatives of the People's Liberation Army of the People's
    Republic of China if that exchange or contact would create a
    national security risk due to an inappropriate exposure
    specified in subsection (b).
    ---------------------------------------------------------------------------
        \24\ 10 U.S.C. 168 note.
    ---------------------------------------------------------------------------
        (b) Covered Exchanges and Contacts.--Subsection (a) applies
    to any military-to-military exchange or contact that includes
    inappropriate exposure to any of the following:
              (1) Force projection operations.
              (2) Nuclear operations.
              (3) Advanced combined-arms and joint combat
            operations.
              (4) Advanced logistical operations.
              (5) Chemical and biological defense and other
            capabilities related to weapons of mass destruction.
              (6) Surveillance and reconnaissance operations.
              (7) Joint warfighting experiments and other
            activities related to a transformation in warfare.
              (8) Military space operations.
              (9) Other advanced capabilities of the Armed Forces.
              (10) Arms sales or military-related technology
            transfers.
              (11) Release of classified or restricted information.
              (12) Access to a Department of Defense laboratory.
        (c) Exceptions.--Subsection (a) does not apply to any
    search-and-rescue or humanitarian operation or exercise.
        (d) Annual Certification by Secretary.--The Secretary of
    Defense shall submit to the Committee on Armed Services of the
    Senate and the Committee on Armed Services of the House of
    Representatives, not later than December 31 each year, a
    certification in writing as to whether or not any military-to-
    military exchange or contact during that calendar year was
    conducted in violation of subsection (a).
        (e) Annual Report.--Not later than March 31 each year
    beginning in 2001, the Secretary of Defense shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report
    providing the Secretary's assessment of the current state of
    military-to-military exchanges and contacts with the People's
    Liberation Army. The report shall include the following:
              (1) A summary of all such military-to-military
            contacts during the period since the last such report,
            including a summary of topics discussed and questions
            asked by the Chinese participants in those contacts.
              (2) A description of the military-to-military
            exchanges and contacts scheduled for the next 12-month
            period and a plan for future contacts and exchanges.
              (3) The Secretary's assessment of the benefits the
            Chinese expect to gain from those military-to-military
            exchanges and contacts.
              (4) The Secretary's assessment of the benefits the
            Department of Defense expects to gain from those
            military-to-military exchanges and contacts.
              (5) The Secretary's assessment of how military-to-
            military exchanges and contacts with the People's
            Liberation Army fit into the larger security
            relationship between the United States and the People's
            Republic of China.
        (f) Report of Past Military-to-Military Exchanges and
    Contacts With the PRC.--Not later than March 31, 2000, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on past military-to-
    military exchanges and contacts between the United States and
    the People's Republic of China. The report shall be
    unclassified, but may contain a classified annex, and shall
    include the following:
              (1) A list of the general and flag grade officers of
            the People's Liberation Army who have visited United
            States military installations since January 1, 1993.
              (2) The itinerary of the visits referred to in
            paragraph (2), including the installations visited, the
            duration of the visits, and the activities conducted
            during the visits.
              (3) The involvement, if any, of the general and flag
            officers referred to in paragraph (1) in the Tiananmen
            Square massacre of June 1989.
              (4) A list of the facilities in the People's Republic
            of China that United States military officers have
            visited as a result of any military-to-military
            exchange or contact program between the United States
            and the People's Republic of China since January 1,
            1993.
              (5) A list of facilities in the People's Republic of
            China that have been the subject of a requested visit
            by the Department of Defense that has been denied by
            People's Republic of China authorities.
              (6) A list of facilities in the United States that
            have been the subject of a requested visit by the
            People's Liberation Army that has been denied by the
            United States.
              (7) Any official documentation (such as memoranda for
            the record, after-action reports, and final
            itineraries) and all receipts for expenses over $1,000,
            concerning military-to-military exchanges or contacts
            between the United States and the People's Republic of
            China in 1999.
              (8) A description of military-to-military exchanges
            or contacts between the United States and the People's
            Republic of China scheduled for 2000.
              (9) An assessment regarding whether or not any
            People's Republic of China military officials have been
            shown classified material as a result of military-to-
            military exchanges or contacts between the United
            States and the People's Republic of China.

    SEC. 1202.\25\ ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC
                        OF CHINA.

        (a) Annual Report.--Not later than March 1 each year, the
    Secretary of Defense shall submit to the specified
    congressional committees a report, in both classified and
    unclassified form, on the current and future military strategy
    of the People's Republic of China. The report shall address the
    current and probable future course of military-technological
    development on the People's Liberation Army and the tenets and
    probable development of Chinese grand strategy, security
    strategy, and military strategy, and of military organizations
    and operational concepts, through the next 20 years.
    ---------------------------------------------------------------------------
        \25\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--Each report under this section
    shall include analyses and forecasts of the following:
              (1) The goals of Chinese grand strategy, security
            strategy, and military strategy.
              (2) Trends in Chinese strategy that would be designed
            to establish the People's Republic of China as the
            leading political power in the Asia-Pacific region and
            as a political and military presence in other regions
            of the world.
              (3) The security situation in the Taiwan Strait.
              (4) Chinese strategy regarding Taiwan.
              (5) The size, location, and capabilities of Chinese
            strategic, land, sea, and air forces, including
            detailed analysis of those forces facing Taiwan.
              (6) Developments in Chinese military doctrine,
            focusing on (but not limited to) efforts to exploit a
            transformation in military affairs or to conduct
            preemptive strikes.
              (7) Efforts, including technology transfers and
            espionage, by the People's Republic of China to
            develop, acquire, or gain access to information,
            communication, space and other advanced technologies
            that would enhance military capabilities.
              (8) An assessment of any challenges during the
            preceding year to the deterrent forces of the Republic
            of China on Taiwan, consistent with the commitments
            made by the United States in the Taiwan Relations Act
            (Public Law 96-8).
        (c) Specified Congressional Committees.--For purposes of
    this section, the term ``specified congressional committees''
    means the following:
              (1) The Committee on Armed Services and the Committee
            on Foreign Relations of the Senate.
              (2) The Committee on Armed Services and the Committee
            on International Relations of the House of
            Representatives.
        (d) \26\ Report on Significant Sales and Transfers to
    China.--(1) The report to be submitted under this section not
    later than March 1, 2002, shall include in a separate section a
    report describing any significant sale or transfer of military
    hardware, expertise, and technology to the People's Republic of
    China. The report shall set forth the history of such sales and
    transfers since 1995, forecast possible future sales and
    transfers, and address the implications of those sales and
    transfers for the security of the United States and its friends
    and allies in Asia.
    ---------------------------------------------------------------------------
        \26\ Sec. 1221 of Public Law 107-107 (115 Stat. 1252) added subsec.
    (d).
    ---------------------------------------------------------------------------
        (2) The report shall include analysis and forecasts of the
    following matters related to military cooperation between
    selling states and the People's Republic of China:
              (A) The extent in each selling state of government
            knowledge, cooperation, or condoning of sales or
            transfers of military hardware, expertise, or
            technology to the People's Republic of China.
              (B) An itemization of significant sales and transfers
            of military hardware, expertise, or technology from
            each selling state to the People's Republic of China
            that have taken place since 1995, with a particular
            focus on command, control, communications, and
            intelligence systems.
              (C) Significant assistance by any selling state to
            key research and development programs of China,
            including programs for development of weapons of mass
            destruction and delivery vehicles for such weapons,
            programs for development of advanced conventional
            weapons, and programs for development of unconventional
            weapons.
              (D) The extent to which arms sales by any selling
            state to the People's Republic of China are a source of
            funds for military research and development or
            procurement programs in the selling state.
        (3) The report under paragraph (1) shall include, with
    respect to each area of analysis and forecasts specified in
    paragraph (2)--
              (A) an assessment of the military effects of such
            sales or transfers to entities in the People's Republic
            of China;
              (B) an assessment of the ability of the People's
            Liberation Army to assimilate such sales or transfers,
            mass produce new equipment, or develop doctrine for
            use; and
              (C) the potential threat of developments related to
            such effects on the security interests of the United
            States and its friends and allies in Asia.

                  Subtitle B--Matters Relating to the Balkans

    SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF OPERATION
                        ALLIED FORCE AND ASSOCIATED RELIEF OPERATIONS.

        (a) Report Required.--(1) Not later than January 31, 2000,
    the Secretary of Defense shall submit to the congressional
    defense committees a report on the conduct of military
    operations conducted as part of Operation Allied Force and
    relief operations associated with that operation. The Secretary
    shall submit to those committees a preliminary report on the
    conduct of those operations not later than October 15, 1999.
    The report (including the preliminary report) shall be prepared
    in consultation with the Chairman of the Joint Chiefs of Staff
    and the Commander in Chief, United States European Command.
        (2) In this section, the term ``Operation Allied Force''
    means operations of the North Atlantic Treaty Organization
    (NATO) conducted against the Federal Republic of Yugoslavia
    (Serbia and Montenegro) during the period beginning on March
    24, 1999, and ending with the suspension of bombing operations
    on June 10, 1999, to resolve the conflict with respect to
    Kosovo.
        (b) Discussion of Accomplishments and Shortcomings.--The
    report (and the preliminary report, to the extent feasible)
    shall contain a discussion, with a particular emphasis on
    accomplishments and shortcomings, of the following matters:
              (1) The national security interests of the United
            States that were threatened by the deteriorating
            political and military situation in the Province of
            Kosovo, Republic of Serbia, in the country of the
            Federal Republic of Yugoslavia (Serbia and Montenegro).
              (2) The factors leading to the decision by the United
            States and NATO to issue an ultimatum in October 1998
            that force would be used against the Federal Republic
            of Yugoslavia unless certain conditions were met, and
            the planning of a military operation to execute that
            ultimatum.
              (3) The political and military objectives of the
            United States and NATO in the conflict with the Federal
            Republic of Yugoslavia.
              (4) The military strategy of the United States and
            NATO to achieve those political and military
            objectives.
              (5) An analysis of the decisionmaking process of NATO
            and the effect of that decisionmaking process on the
            conduct of military operations.
              (6) An analysis of the decision not to include a
            ground component in Operation Allied Force (to include
            a detailed explanation of the political and military
            factors involved in that decision) and the effect of
            that decision on the conduct of military operations.
              (7) The deployment of United States forces and the
            transportation of supplies to the theater of
            operations, including an assessment of airlift and
            sealift, with a specific assessment of the deployment
            of Task Force Hawk.
              (8) The conduct of military operations, including a
            specific assessment of each of the following:
                      (A) The effects of the graduated, incremental
                    pace of the military operations.
                      (B) The process for identifying, nominating,
                    selecting and verifying targets to be attacked
                    during Operation Allied Force, including an
                    analysis of the factors leading to the bombing
                    of the Embassy of the People's Republic of
                    China in Belgrade.
                      (C) The loss of aircraft and the accuracy of
                    bombing operations.
                      (D) The decoy and deception operations and
                    counter-intelligence techniques used by the
                    Yugoslav military.
                      (E) The use of high-demand, low-density
                    assets in Operation Allied Force in terms of
                    inventory, capabilities, deficiencies, and
                    ability to provide logistical support.
                      (F) A comparison of the military capabilities
                    of the United States and of the allied
                    participants in Operation Allied Force.
                      (G) Communications and operational security
                    of NATO forces.
                      (H) The effect of adverse weather on the
                    performance of weapons and supporting systems.
                      (I) The decision not to use in the air
                    campaign the Apache attack helicopters deployed
                    as part of Task Force Hawk.
              (9) The conduct of relief operations by United States
            and allied military forces and the effect of those
            relief operations on military operations.
              (10) The ability of the United States during
            Operation Allied Force to conduct other operations
            required by the national defense strategy, including an
            analysis of the transfer of operational assets from
            other United States unified commands to the European
            Command for participation in Operation Allied Force and
            the effect of those transfers on the readiness,
            warfighting capability, and deterrence posture of those
            commands.
              (11) The use of special operations forces, including
            operational and intelligence activities classified
            under special access procedures.
              (12) The effectiveness of intelligence, surveillance,
            and reconnaissance support to operational forces,
            including an assessment of battle damage assessment of
            fixed and mobile targets prosecuted during the air
            campaign, estimates of Yugoslav forces and equipment in
            Kosovo, and information related to Kosovar refugees and
            internally displaced persons.
              (13) The use and performance of United States and
            NATO military equipment, weapon systems, and munitions
            (including items classified under special access
            procedures) and an analysis of--
                      (A) any equipment or capabilities that were
                    in research and development and if available
                    could have been used in the theater of
                    operations;
                      (B) any equipment or capabilities that were
                    available and could have been used but were not
                    introduced into the theater of operations; and
                      (C) the compatibility of command, control,
                    and communications equipment and the ability of
                    United States aircraft to operate with aircraft
                    of other nations without degradation of
                    capabilities or protection of United States
                    forces.
              (14) The scope of logistics support, including
            support from other nations, with particular emphasis on
            the availability and adequacy of foreign air bases.
              (15) The role of contractors to provide support and
            maintenance in the theater of operations.
              (16) The acquisition policy actions taken to support
            the forces in the theater of operations.
              (17) The personnel management actions taken to
            support the forces in the theater of operations.
              (18) The effectiveness of reserve component forces,
            including their use and performance in the theater of
            operations.
              (19) A legal analysis, including (A) the legal basis
            for the decision by NATO to use force, and (B) the role
            of the law of armed conflict in the planning and
            execution of military operations by the United States
            and the other NATO member nations.
              (20) The cost to the Department of Defense of
            Operation Allied Force and associated relief
            operations, together with the Secretary's plan to
            refurbish or replace ordnance and other military
            equipment expended or destroyed during the operations.
              (21) A description of the most critical lessons
            learned that could lead to long-term doctrinal,
            organizational, and technological changes.
        (c) Classification of Report.--The Secretary of Defense
    shall submit both the report and the preliminary report in a
    classified form and an unclassified form.

    SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS
                        PROSECUTION OF WAR CRIMES, GENOCIDE, AND CRIMES
                        AGAINST HUMANITY IN THE FORMER REPUBLIC OF
                        YUGOSLAVIA.

        (a) Findings.--Congress makes the following findings:
              (1) The United Nations Security Council created the
            International Criminal Tribunal for the former
            Yugoslavia (in this section referred to as the
            ``ICTY'') by resolution on May 25, 1993.
              (2) Although the ICTY has indicted 89 people since
            its creation, those indictments have only resulted in
            the trial and conviction of 8 criminals.
              (3) The ICTY has jurisdiction to investigate grave
            breaches of the 1949 Geneva Conventions (Article 2),
            violations of the laws or customs of war (Article 3),
            genocide (Article 4), and crimes against humanity
            (Article 5).
              (4) The Chief Prosecutor of the ICTY, Justice Louise
            Arbour, stated on July 7, 1998, to the Contact Group
            for the former Yugoslavia, that ``[t]he Prosecutor
            believes that the nature and scale of the fighting
            indicate that an `armed conflict', within the meaning
            of international law, exists in Kosovo. As a
            consequence, she intends to bring charges for crimes
            against humanity or war crimes, if evidence of such
            crimes is established''.
              (5) Reports from Kosovar Albanian refugees provide
            detailed accounts of systematic efforts to displace the
            entire Muslim population of Kosovo.
              (6) In furtherance of this plan, Serbian troops,
            police, and paramilitary forces have engaged in
            detention and summary execution of men of all ages,
            wanton destruction of civilian housing, forcible
            expulsions, mass executions in at least 60 villages and
            towns, as well as widespread rape of women and young
            girls.
              (7) These reports of atrocities provide prima facie
            evidence of war crimes and crimes against humanity, as
            well as possible genocide.
              (8) Any criminal investigation is best served by the
            depositions and interviews of witnesses as soon after
            the commission of the crime as possible.
              (9) The indictment, arrest, and trial of war
            criminals would provide a significant deterrent to
            further atrocities.
              (10) The ICTY has issued 14 international warrants
            for war crimes suspects that have yet to be served,
            despite knowledge of the suspects' whereabouts.
              (11) Vigorous prosecution of war crimes after the
            conflict in Bosnia may have prevented the ongoing
            atrocities in Kosovo.
              (12) Investigative reporters have identified specific
            documentary evidence implicating the Serbian leadership
            in the commission of war crimes.
              (13) NATO forces and forensic teams deployed in
            Kosovo have uncovered physical evidence of war crimes,
            including mass graves.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the United States, in coordination with other
            United Nations member states, should provide sufficient
            resources for an expeditious and thorough investigation
            of allegations of the atrocities and war crimes
            committed in Kosovo;
              (2) the United States, through its intelligence
            services, should provide all possible cooperation in
            the gathering of evidence of sufficient specificity and
            credibility to secure the indictment of those
            responsible for the commission of war crimes, crimes
            against humanity, and genocide in the former
            Yugoslavia;
              (3) where evidence warrants, indictments for war
            crimes, crimes against humanity, and genocide should be
            issued against suspects regardless of their position
            within the Serbian leadership;
              (4) the United States and all nations have an
            obligation to honor arrest warrants issued by the ICTY
            and should use all appropriate means to apprehend and
            bring to justice through the ICTY individuals who are
            already under indictment;
              (5) any final settlement regarding Kosovo should not
            bar the indictment, apprehension, or prosecution of
            persons accused of war crimes, crimes against humanity,
            or genocide committed during operations in Kosovo; and
              (6) President Slobodan Milosevic should be held
            accountable for his actions while President of the
            Federal Republic of Yugoslavia or President of the
            Republic of Serbia in initiating four armed conflicts
            and taking actions leading to the deaths of tens of
            thousands of people and responsibility for murder,
            rape, terrorism, destruction, and ethnic cleansing.

             Subtitle C--Matters Relating to NATO and Other Allies

    SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.

        (a) Certification Required.--Not later than 30 days after
    the date of the enactment of this Act, the President shall
    determine and certify to the Congress whether or not the new
    Strategic Concept of NATO imposes any new commitment or
    obligation on the United States.
        (b) Sense of Congress.--It is the sense of Congress that,
    if the President certifies under subsection (a) that the new
    Strategic Concept of NATO imposes any new commitment or
    obligation on the United States, the President should submit
    the new Strategic Concept of NATO to the Senate as a treaty for
    the Senate's advice and consent to ratification under article
    II, section 2, clause 2 of the Constitution.
        (c) Report.--Together with the certification made under
    subsection (a), the President shall submit to the Congress a
    report containing an analysis of the potential threats facing
    the North Atlantic Treaty Organization in the first decade of
    the next millennium, with particular reference to those threats
    facing a member nation, or several member nations, where the
    commitment of NATO forces will be ``out of area'' or beyond the
    borders of NATO member nations.
        (d) Definition.--For the purposes of this section, the term
    ``new Strategic Concept of NATO'' means the document approved
    by the Heads of State and Government participating in the
    meeting of the North Atlantic Council in Washington, DC, on
    April 23 and 24, 1999.

    SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO MAJOR THEATER
                        WARS.

        (a) Report.--The Secretary of Defense shall prepare a
    report, in both classified and unclassified form, on the
    current military capabilities of allied nations to contribute
    to the successful conduct of the major theater wars as
    anticipated in the Quadrennial Defense Review of 1997.
        (b) Matters To Be Included.--The report shall set forth the
    following:
              (1) The identity, size, structure, and capabilities
            of the armed forces of the allies expected to
            participate in the major theater wars anticipated in
            the Quadrennial Defense Review.
              (2) The priority accorded in the national military
            strategies and defense programs of the anticipated
            allies to contributing forces to United States-led
            coalitions in such major theater wars.
              (3) The missions currently being conducted by the
            armed forces of the anticipated allies and the ability
            of the allied armed forces to conduct simultaneously
            their current missions and those anticipated in the
            event of major theater war.
              (4) Any Department of Defense assumptions about the
            ability of allied armed forces to deploy or redeploy
            from their current missions in the event of a major
            theater war, including any role United States Armed
            Forces would play in assisting and sustaining such a
            deployment or redeployment.
              (5) Any Department of Defense assumptions about the
            combat missions to be executed by such allied forces in
            the event of major theater war.
              (6) The readiness of allied armed forces to execute
            any such missions.
              (7) Any risks to the successful execution of the
            military missions called for under the National
            Military Strategy of the United States related to the
            capabilities of allied armed forces.
        (c) Submission of Report.--The report shall be submitted to
    Congress not later than June 1, 2000.

    SEC. 1223.\27\ ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION SCHOOLS BY
                        MILITARY PERSONNEL OF THE NEW MEMBER NATIONS OF
                        NATO.

        (a) Finding.--Congress finds that it is in the national
    interest of the United States to fully integrate Poland,
    Hungary, and the Czech Republic (the new member nations of the
    North Atlantic Treaty Organization) into the NATO alliance as
    quickly as possible.
    ---------------------------------------------------------------------------
        \27\ 10 U.S.C. note prec. 2161.
    ---------------------------------------------------------------------------
        (b) Military Education and Training Programs.--The
    Secretary of each military department shall give due
    consideration to according a high priority to the attendance of
    military personnel of Poland, Hungary, and the Czech Republic
    at professional military education schools and training
    programs in the United States, including the United States
    Military Academy, the United States Naval Academy, the United
    States Air Force Academy, the National Defense University, the
    war colleges of the Armed Forces, the command and general staff
    officer courses of the Armed Forces, and other schools and
    training programs of the Armed Forces that admit personnel of
    foreign armed forces.

                           Subtitle D--Other Matters

    SEC. 1231.\28\ MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOVERNMENTS IN
                        ARMED CONFLICT WITH THE UNITED STATES.

        (a) Policy on the Establishment of Embargoes.--It is the
    policy of the United States, that upon the use of the Armed
    Forces of the United States to engage in hostilities against
    any foreign country, the President shall, as appropriate--
    ---------------------------------------------------------------------------
        \28\ 50 U.S.C. 1707.
    ---------------------------------------------------------------------------
              (1) seek the establishment of a multinational
            economic embargo against such country; and
              (2) seek the seizure of its foreign financial assets.
        (b) Reports to Congress.--Not later than 20 days after the
    first day of the engagement of the United States in hostilities
    described in subsection (a), the President shall, if the armed
    conflict has continued for 14 days, submit to Congress a report
    setting forth--
              (1) the specific steps the United States has taken
            and will continue to take to establish a multinational
            economic embargo and to initiate financial asset
            seizure pursuant to subsection (a); and
              (2) any foreign sources of trade or revenue that
            directly or indirectly support the ability of the
            adversarial government to sustain a military conflict
            against the United States.

    SEC. 1232.\29\ LIMITATION ON DEPLOYMENT OF ARMED FORCES IN HAITI DURING
                        FISCAL YEAR 2000 AND CONGRESSIONAL NOTICE OF
                        DEPLOYMENTS TO HAITI.

        (a) Limitation on Deployment.--No funds available to the
    Department of Defense during fiscal year 2000 may be expended
    after May 31, 2000, for the continuous deployment of United
    States Armed Forces in Haiti pursuant to the Department of
    Defense operation designated as Operation Uphold Democracy.
    ---------------------------------------------------------------------------
        \29\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
        (b) \30\ * * * [Repealed--2001]
    ---------------------------------------------------------------------------
        \30\ Sec. 1222 of Public Law 107-107 (115 Stat. 1253) repealed
    subsec. (b), which had provided the following:
        ``(b) Report.--Whenever there is a deployment of United States
    Armed Forces to Haiti after May 31, 2000, the President shall, not
    later than 96 hours after such deployment begins, transmit to Congress
    a written report regarding the deployment. In any such report, the
    President shall specify (1) the purpose of the deployment, and (2) the
    date on which the deployment is expected to end.''.
    ---------------------------------------------------------------------------

    SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.

        (a) Report.--Not later than April 1, 2000, the Secretary of
    Defense shall submit to the appropriate congressional
    committees a report on the security situation on the Korean
    peninsula. The report shall be submitted in both classified and
    unclassified form.
        (b) Matters To Be Included.--The Secretary shall include in
    the report under subsection (a) the following:
              (1) A net assessment analysis of the warfighting
            capabilities of the Combined Forces Command (CFC) of
            the United States and the Republic of Korea compared
            with the armed forces of North Korea.
              (2) An assessment of challenges posed by the armed
            forces of North Korea to the defense of the Republic of
            Korea and to United States forces deployed to the
            region.
              (3) An assessment of the current status and the
            future direction of weapons of mass destruction
            programs and ballistic missile programs of North Korea,
            including a determination as to whether or not North
            Korea--
                      (A) is continuing to pursue a nuclear weapons
                    program;
                      (B) is seeking equipment and technology with
                    which to enrich uranium; and
                      (C) is pursuing an offensive biological
                    weapons program.
        (c) Appropriate Congressional Committees.--In this section,
    the term ``appropriate congressional committees'' means--
              (1) the Committee on International Relations and the
            Committee on Armed Services of the House of
            Representatives; and
              (2) the Committee on Foreign Relations and the
            Committee on Armed Services of the Senate.

    SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF SANCTIONS
                        AGAINST LIBYA.

        (a) Findings.--Congress makes the following findings:
              (1) On December 21, 1988, 270 people, including 189
            United States citizens, were killed in a terrorist
            bombing on Pan American Flight 103 over Lockerbie,
            Scotland.
              (2) The United Kingdom and the United States indicted
            two Libyan intelligence agents, Abd al-Baset Ali al-
            Megrahi and Al-Amin Khalifah Fhimah, in 1991 and sought
            their extradition from Libya to the United States or
            the United Kingdom to stand trial for this heinous
            terrorist act.
              (3) The United Nations Security Council called for
            the extradition of those suspects in Security Council
            Resolution 731 and imposed sanctions on Libya in
            Security Council Resolutions 748 and 883 because Libyan
            leader Colonel Muammar Qadhafi refused to transfer the
            suspects to either the United States or the United
            Kingdom to stand trial.
              (4) United Nations Security Council Resolutions 731,
            748, and 883 demand that Libya cease all support for
            terrorism, turn over the two suspects, cooperate with
            the investigation and the trial, and address the issue
            of appropriate compensation.
              (5) The sanctions in United Nations Security Council
            Resolutions 748 and 883 include--
                      (A) a worldwide ban on Libya's national
                    airline;
                      (B) a ban on flights into and out of Libya by
                    other nations' airlines; and
                      (C) a prohibition on supplying arms, airplane
                    parts, and certain oil equipment to Libya, and
                    a blocking of Libyan Government funds in other
                    countries.
              (6) Colonel Muammar Qadhafi for many years refused to
            extradite the suspects to either the United States or
            the United Kingdom and had insisted that he would only
            transfer the suspects to a third and neutral country to
            stand trial.
              (7) On August 24, 1998, the United States and the
            United Kingdom agreed to the proposal that Colonel
            Qadhafi transfer the suspects to The Netherlands, where
            they would stand trial under a Scottish court, under
            Scottish law, and with a panel of Scottish judges.
              (8) The United Nations Security Council endorsed the
            United States-United Kingdom proposal on August 27,
            1998 in United Nations Security Council Resolution
            1192.
              (9) The United States, consistent with United Nations
            Security Council resolutions, called on Libya to ensure
            the production of evidence, including the presence of
            witnesses before the court, and to comply fully with
            all the requirements of the United Nations Security
            Council resolutions.
              (10) After years of intensive diplomacy, Colonel
            Qadhafi finally transferred the two Libyan suspects to
            The Netherlands on April 5, 1999, and the United
            Nations Security Council, in turn, suspended its
            sanctions against Libya that same day.
              (11) Libya has only fulfilled one of four conditions
            (the transfer of the two suspects accused in the
            Lockerbie bombing) set forth in United Nations Security
            Council Resolutions 731, 748, and 883 that would
            justify the lifting of United Nations Security Council
            sanctions against Libya.
              (12) Libya has not fulfilled the other three
            conditions (cooperation with the Lockerbie
            investigation and trial, renunciation of and ending
            support for terrorism, and payment of appropriate
            compensation) necessary to lift the United Nations
            Security Council sanctions.
              (13) The United Nations Secretary General issued a
            report to the Security Council on June 30, 1999, on the
            issue of Libya's compliance with the remaining
            conditions.
              (14) Any member of the United Nations Security
            Council has the right to introduce a resolution to lift
            the sanctions against Libya now that the United Nations
            Secretary General's report has been issued.
              (15) The United States Government considers Libya a
            state sponsor of terrorism and the State Department
            Report, ``Patterns of Global Terrorism; 1998'', stated
            that Colonel Qadhafi ``continued publicly and privately
            to support Palestinian terrorist groups, including the
            PIJ and the PFLP-GC''.
              (16) United States Government sanctions (other than
            sanctions on food or medicine) should be maintained on
            Libya, and in accordance with United States law, the
            Secretary of State should keep Libya on the list of
            countries the governments of which have repeatedly
            provided support for acts of international terrorism
            under section 6(j) of the Export Administration Act of
            1979 in light of Libya's ongoing support for terrorist
            groups.
        (b) Sense of Congress.--It is the sense of Congress that
    the President should use all diplomatic means necessary,
    including the use of the United States veto at the United
    Nations Security Council, to prevent the Security Council from
    lifting sanctions against Libya until Libya fulfills all of the
    conditions set forth in United Nations Security Council
    Resolutions 731, 748, and 883.

    SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM NONCRITICAL
                        OVERSEAS MISSIONS INVOLVING UNITED STATES COMBAT
                        FORCES.

        (a) Findings.--Congress makes the following findings:
              (1) It is the National Security Strategy of the
            United States to ``deter and defeat large-scale, cross-
            border aggression in two distant theaters in
            overlapping time frames''.
              (2) The deterrence of Iraq and Iran in Southwest Asia
            and the deterrence of North Korea in Northeast Asia
            represent two such potential large-scale, cross-border
            theater requirements.
              (3) The United States has 120,000 military personnel
            permanently assigned to the Southwest Asia and
            Northeast Asia theaters.
              (4) The United States has an additional 70,000
            military personnel assigned to non-NATO/non-Pacific
            threat foreign countries.
              (5) The United States has more than 6,000 military
            personnel in Bosnia-Herzegovina on indefinite
            assignment.
              (6) The United States has diverted permanently
            assigned resources from other theaters to support
            operations in the Balkans.
              (7) The United States provides military forces to
            seven active United Nations peacekeeping operations,
            including some missions that have continued for
            decades.
              (8) Between 1986 and 1998, the number of United
            States military deployments per year has nearly tripled
            at the same time the Department of Defense budget has
            been reduced in real terms by 38 percent.
              (9) The Army has 10 active-duty divisions today, down
            from 18 in 1991, while on an average day in fiscal year
            1998, 28,000 United States Army soldiers were deployed
            to more than 70 countries for over 300 separate
            missions.
              (10) The number of fighter wings in the active
            component of the Air Force has gone from 22 to 13 since
            1991, while 70 percent of air sorties in Operation
            Allied Force over the Balkans were United States-flown
            and the Air Force continues to enforce northern and
            southern no-fly zones in Iraq. In response, the Air
            Force has initiated a ``stop loss'' program to block
            normal retirements and separations.
              (11) The Navy has been reduced in size to 339 ships,
            its lowest level since 1938, necessitating the
            redeployment of the only overseas homeported aircraft
            carrier from the western Pacific to the Mediterranean
            to support Operation Allied Force.
              (12) In 1998, just 10 percent of eligible carrier
            naval aviators (27 out of 261) accepted continuation
            bonuses and remained in the service.
              (13) In 1998, 48 percent of Air Force pilots eligible
            for continuation chose to leave the service.
              (14) The Army could fall 6,000 below congressionally
            authorized strength levels by the end of 1999.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the readiness of United States military forces to
            execute the National Security Strategy of the United
            States referred to in subsection (a)(1) is being eroded
            by a combination of declining defense budgets and
            expanded missions; and
              (2) there may be missions to which the United States
            is contributing Armed Forces from which the United
            States can begin disengaging.
        (c) Report Requirement.--Not later than March 1, 2000, the
    President shall submit to the Committee on Armed Services and
    the Committee on Appropriations of the Senate and the Committee
    on Armed Services and the Committee on Appropriations of the
    House of Representatives a report prioritizing the ongoing
    global missions to which the United States is contributing
    forces. The President shall include in the report a feasibility
    analysis of how the United States can--
              (1) shift resources from low priority missions in
            support of higher priority missions;
              (2) consolidate or reduce United States troop
            commitments worldwide; and
              (3) end low priority missions.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \31\

              * * * * * * *
    ---------------------------------------------------------------------------
        \31\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

               TITLE XIV--PROLIFERATION AND EXPORT CONTROLS \32\

              * * * * * * *
    ---------------------------------------------------------------------------
        \32\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F
    ---------------------------------------------------------------------------

          TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS \33\

              * * * * * * *
    ---------------------------------------------------------------------------
        \33\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

                   TITLE XVI--NATIONAL SECURITY SPACE MATTERS

              * * * * * * *

                  Subtitle B--Commercial Space Launch Services

    SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN
                        COOPERATION IN COMMERCIAL SPACE LAUNCH SERVICES.

        It is the sense of Congress that--
              (1) the United States should demand full and complete
            cooperation from the Government of the Russian
            Federation on preventing the illegal transfer from
            Russia to Iran or any other country of any prohibited
            fissile material or ballistic missile equipment or any
            technology necessary for the acquisition or development
            by the recipient country of any nuclear weapon or
            ballistic missile;
              (2) the United States should take every appropriate
            measure necessary to encourage the Government of the
            Russian Federation to seek out and prevent the illegal
            transfer from Russia to Iran or any other country of
            any prohibited fissile material or ballistic missile
            equipment or any technology necessary for the
            acquisition or development by the recipient country of
            any nuclear weapon or ballistic missile;
              (3) the United States Government decision to increase
            the quantitative limitations applicable to commercial
            space launch services provided by Russian space launch
            providers, based upon a serious commitment by the
            Government of the Russian Federation to seek out and
            prevent the illegal transfer from Russia to Iran or any
            other country of any prohibited ballistic missile
            equipment or any technology necessary for the
            acquisition or development by the recipient country of
            any ballistic missile, should facilitate greater
            cooperation between the United States and the Russian
            Federation on nonproliferation matters; and
              (4) any possible future consideration of modifying
            such limitations should be conditioned on a continued
            serious commitment by the Government of the Russian
            Federation to preventing such illegal transfers.

    SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL SPACE
                        LAUNCH CAPACITY.

        (a) Sense of Congress Concerning United States Commercial
    Space Launch Capacity.--It is the sense of Congress that
    Congress and the President should work together to stimulate
    and encourage the expansion of a commercial space launch
    capacity in the United States, including by taking actions to
    eliminate legal or regulatory barriers to long-term
    competitiveness of the United States commercial space launch
    industry.
        (b) Sense of Congress Concerning Policy of Permitting
    Export of Commercial Satellites to People's Republic of China
    for Launch.--It is the sense of Congress that Congress and the
    President should--
              (1) reexamine the current United States policy of
            permitting the export of commercial satellites of
            United States origin to the People's Republic of China
            for launch;
              (2) review the advantages and disadvantages of
            phasing out that policy, including in that review
            advantages and disadvantages identified by Congress,
            the executive branch, the United States satellite
            industry, the United States space launch industry, the
            United States telecommunications industry, and other
            interested persons; and
              (3) if the phase out of that policy is adopted,
            permit the export of a commercial satellite of United
            States origin for launch in the People's Republic of
            China only if--
                      (A) the launch is licensed as of the
                    commencement of the phase out of that policy;
                    and
                      (B) additional actions under section 1514 of
                    the Strom Thurmond National Defense
                    Authorization Act for Fiscal Year 1999 (Public
                    Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778
                    note) are taken to minimize the transfer of
                    technology to the People's Republic of China
                    during the course of the launch.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

              * * * * * * *
    ---------------------------------------------------------------------------
        \34\ Sec. 3141(f)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1762) redesignated sec.
    3136, relating to nonproliferation initiatives and activities, as sec.
    4302 of Public Law 107-314, and at 50 U.S.C. 2562.
    ---------------------------------------------------------------------------

    SEC. 3136.\34\ * * * [REDESIGNATED--2003]

              * * * * * * *

           Subtitle D--Matters Relating to Safeguards, Security, and
                              Counterintelligence

    SEC. 3141.\35\ SHORT TITLE.

        This subtitle may be cited as the ``Department of Energy
    Facilities Safeguards, Security, and Counterintelligence
    Enhancement Act of 1999''.
    ---------------------------------------------------------------------------
        \35\ 42 U.S.C. 7383 note.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        \36\ Formerly at 42 U.S.C. 7383c. Sec. 3141(h)(3) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1771) redesignated sec. 3146, relating to relating to
    restrictions on access to national laboratories by foreign visitors
    from sensitive countries, as sec. 4502 of Public Law 107-314, and as 50
    U.S.C. 2652.
    ---------------------------------------------------------------------------

    SEC. 3146.\36\  * * * [REDESIGNATED--2003]

              * * * * * * *

    SEC. 3151.\37\ ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE
                        PEOPLE'S REPUBLIC OF CHINA.

        (a) Annual Report Required.--The President shall transmit
    to Congress an annual report on the steps being taken by the
    Department of Energy, the Department of Defense, the Federal
    Bureau of Investigation, the Central Intelligence Agency, and
    all other relevant executive departments and agencies to
    respond to espionage and other intelligence activities by the
    People's Republic of China, particularly with respect to--
    ---------------------------------------------------------------------------
        \37\ 42 U.S.C. 7383e.
    ---------------------------------------------------------------------------
              (1) the theft of sophisticated United States nuclear
            weapons design information; and
              (2) the targeting by the People's Republic of China
            of United States nuclear weapons codes and other
            national security information of strategic concern.
        (b) Initial Report.--The first report under this section
    shall be transmitted not later than March 1, 2000.
              * * * * * * *

                    TITLE XXXV--PANAMA CANAL COMMISSION \38\

              * * * * * * *
    ---------------------------------------------------------------------------
        \38\ For text of the Panama Canal Commission Authorization Act for
    Fiscal Year 2000, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. G.
     m. Strom Thurmond National Defense Authorization Act for Fiscal Year
                                      1999

        Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920,
       approved October 17, 1998; amended by Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
      512, approved October 5, 1999; Public Law 106-113 [Arms Control and
        Nonproliferation Act of 1999, title XI of H.R. 3427; enacted by
     reference in H.R. 3194], 113 Stat. 1536, approved November 29, 1999;
    Public Law 106-398 [Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30,
    2000; Public Law 108-136 [National Defense Authorization Act for Fiscal
      Year 2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003;
    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

     AN ACT To authorize appropriations for fiscal year 1999 for military
    activities of the Department of Defense, for military construction and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Strom
    Thurmond National Defense Authorization Act for Fiscal Year
    1999''.
        (b) * * *

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services \1\ and the
            Committee on Appropriations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \1\ Sec. 1067(3) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

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

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

                               Note.--Sec. 1003 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65;

                             ``sec. 1003. authorization of emergency supplemental appropriations for fiscal year 1999.
                               ``(a) Adjustment of Fiscal Year 1999 Authorizations To Reflect Supplemental Appropriations.--Subject
                             to subsection (b), amounts authorized to be appropriated to the Department of Defense for fiscal year
                             1999 in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261)
                             are hereby adjusted, with respect to any such authorized amount, by the amount by which appropriations
                             pursuant to such authorization were increased (by a supplemental appropriation) or decreased (by a
                             rescission), or both, in the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31).
                               ``(b) Limitation.--(1) In the case of a pending defense contingent emergency supplemental
                             appropriation, an adjustment may be made under subsection (a) in the amount of an authorization of
                             appropriations by reason of that supplemental appropriation only if, and to the extent that, the
                             President transmits to Congress an official amended budget request for that appropriation that
                             designates the entire amount requested as an emergency requirement for the specific purpose identified
                             in the 1999 Emergency Supplemental Appropriations Act as the purpose for which the supplemental
                             appropriation was made.
                               ``(2) For purposes of this subsection, the term `pending defense contingent emergency supplemental
                             appropriation' means a contingent emergency supplemental appropriation for the Department of Defense
                             contained in the 1999 Emergency Supplemental Appropriations Act for which an official budget request
                             that includes designation of the entire amount of the request as an emergency requirement has not been
                             transmitted to Congress as of the date of the enactment of this Act.
                               ``(3) For purposes of this subsection, the term `contingent emergency supplemental appropriation'
                             means a supplemental appropriation that--
                                   ``(A) is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
                                the Balanced Budget and Emergency Deficit Control Act of 1985; and
                                   ``(B) by law is available only to the extent that the President transmits to the Congress an
                                official budget request for that appropriation that includes designation of the entire amount of the
                                request as an emergency requirement.''.

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

              * * * * * * *

    SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

        Funds are hereby authorized to be appropriated for fiscal
    year 1999 for the Department of Defense for carrying out the
    Defense Export Loan Guarantee Program under section 2540 of
    title 10, United States Code, in the total amount of
    $1,250,000.
              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 248. LANDMINE ALTERNATIVES.

        (a) Availability of Funds.--(1) Of the amounts authorized
    to be appropriated in section 201, not more than $19,200,000
    shall be available for activities relating to the
    identification, adaptation, modification, research, and
    development of existing and new technologies and concepts
    that--
              (A) would provide a combat capability that is
            equivalent to the combat capability provided by non-
            self destructing anti-personnel landmines;
              (B) would provide a combat capability that is
            equivalent to the combat capability provided by anti-
            personnel submunitions used in mixed anti-tank mine
            systems; or
              (C) would provide a combat capability that is
            equivalent to the combat capability provided by current
            mixed mine systems.
        (2) Of the amount available under paragraph (1)--
              (A) not more than $17,200,000 shall be made available
            for activities referred to in subparagraph (A) of that
            paragraph for the current efforts of the Army referred
            to as the Non-Self Destruct Alternative; and
              (B) not more than $2,000,000 shall be made available
            for activities referred to in subparagraphs (B) or (C)
            of that paragraph that relate to anti-personnel
            submunitions used in mixed mine systems or an
            alternative for mixed munitions.
        (b) Funding for Research Into Alternatives to Anti-
    Personnel Submunitions Used in Mixed Mine Systems or an
    Alternative for Mixed Munitions.--The Secretary shall include
    with the materials submitted to Congress with the budget for
    fiscal year 2000 under section 1105 of title 31, United States
    Code, an explanation of any funds requested to support a search
    for existing and new technologies and concepts that could
    provide a combat capability equivalent to the combat capability
    provided by anti-personnel submunitions used in mixed mine
    systems or an alternative to mixed munitions.
        (c) Studies.--The Secretary of Defense shall enter into two
    contracts, each with an appropriate scientific organization--
              (1) to carry out a study on existing and new
            technologies and concepts referred to in subsection
            (a); and
              (2) to submit to the Secretary a report on the study,
            including any recommendations considered appropriate by
            the scientific organization.
        (d) Report.--Not later than April 1 of 2000 and 2001, the
    Secretary shall submit to the congressional defense committees,
    and to the Committee on Foreign Relations of the Senate and the
    Committee on International Relations of the House of
    Representatives,\2\ a report describing the progress made in
    identifying technologies and concepts referred to in subsection
    (a). At the same time the report is submitted, the Secretary
    shall transmit to such committees copies of the reports (and
    recommendations, if any) received by the Secretary from the
    scientific organizations that carried out the studies referred
    to in subsection (c).
    ---------------------------------------------------------------------------
        \2\ Sec. 1312 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 2001 and 2001 (enacted by
    reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
    inserted ``, and to the Committee on Foreign Relations of the Senate
    and the Committee on International Relations of the House of
    Representatives,'' after ``congressional defense committees''.
    ---------------------------------------------------------------------------

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1999 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $50,000,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $725,582,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $440,400,000.
              (24) For Overseas Contingency Operations Transfer
            Fund, $746,900,000.

                      Subtitle C--Environmental Provisions

    SEC. 321.\3\ SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR
                        ENVIRONMENTAL CLEANUP OF OVERSEAS SITES FORMERLY
                        USED BY THE DEPARTMENT OF DEFENSE.

        (a) Notice of Negotiations.--The President shall notify
    Congress before entering into any negotiations for the ex-
    gratia settlement of the claims of a government of another
    country against the United States for environmental cleanup of
    sites in that country that were formerly used by the Department
    of Defense.
    ---------------------------------------------------------------------------
        \3\ 10 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
        (b) Authorization Required for Use of Funds for Payment of
    Settlement.--No funds may be used for any payment under an ex-
    gratia settlement of any claims described in subsection (a)
    unless the use of the funds for that purpose is specifically
    authorized by law or international agreement, including a
    treaty.

    SEC. 322. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL
                        CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA.

        (a) Findings.--Congress makes the following findings with
    respect to the authorization of payment of settlement with
    Canada in subsection (b) regarding environmental cleanup at
    formerly used defense sites in Canada:
              (1) A unique and longstanding national security
            alliance exists between the United States and Canada.
              (2) The sites covered by the settlement were formerly
            used by the United States and Canada for their mutual
            defense.
              (3) There is no formal treaty or international
            agreement between the United States and Canada
            regarding the environmental cleanup of the sites.
              (4) Environmental contamination at some of the sites
            could pose a substantial risk to the health and safety
            of the United States citizens residing in States near
            the border between the United States and Canada.
              (5) The United States and Canada reached a negotiated
            agreement for an ex-gratia reimbursement of Canada in
            full satisfaction of claims of Canada relating to
            environmental contamination which agreement was
            embodied in an exchange of Notes between the Government
            of the United States and the Government of Canada.
              (6) There is a unique factual basis for authorizing a
            reimbursement of Canada for environmental cleanup at
            sites in Canada after the United States departure from
            such sites.
              (7) The basis for and authorization of such
            reimbursement does not extend to similar claims by
            other nations.
              (8) The Government of Canada is committed to spending
            the entire $100,000,000 of the reimbursement authorized
            in subsection (b) in the United States, which will
            benefit United States industry and United States
            workers.
        (b) Authority To Make Payments.--(1) Subject to subsection
    (c), the Secretary of Defense may, using funds specified under
    subsection (d), make a payment described in paragraph (2) for
    each fiscal year through fiscal year 2008 for purposes of the
    ex-gratia reimbursement of Canada in full satisfaction of any
    and all claims asserted against the United States by Canada for
    environmental cleanup of sites in Canada that were formerly
    used for the mutual defense of the United States and Canada.
        (2) A payment referred to in paragraph (1) is a payment of
    $10,000,000, in constant fiscal year 1996 dollars, into the
    Foreign Military Sales Trust Account for purposes of Canada.
        (c) Condition on Authority for Subsequent Fiscal Years.--A
    payment may be made under subsection (b) for a fiscal year
    after fiscal year 1999 only if the Secretary of Defense submits
    to Congress with the budget for such fiscal year under section
    1105 of title 31, United States Code, evidence that the
    cumulative amount expended by the Government of Canada for
    environmental cleanup activities in Canada during any fiscal
    years before such fiscal year in which a payment under that
    subsection was authorized was an amount equal to or greater
    than the aggregate amount of the payments under that subsection
    during such fiscal years.
        (d) Source of Funds.--(1) The payment under subsection (b)
    for fiscal year 1998 shall be made from amounts appropriated
    pursuant to section 301(5) of the National Defense
    Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
    Stat. 1669).
        (2) The payment under subsection (b) for fiscal year 1999
    shall be made from amounts appropriated pursuant to section
    301(5).
        (3) For a fiscal year after fiscal year 1999, a payment may
    be made under subsection (b) from amounts appropriated pursuant
    to the authorization of appropriations for the Department of
    Defense for such fiscal year for Operation and Maintenance,
    Defense-Wide.
              * * * * * * *

    SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERATION PROGRAM.

        (a) Activities Under Program.--(1) Subject to paragraph
    (2), activities under the Arctic Military Environmental
    Cooperation Program of the Department of Defense shall include
    cooperative activities on environmental matters in the Arctic
    region with the military departments and agencies of other
    countries, including the Russian Federation.
        (2) Activities under the Arctic Military Environmental
    Cooperation Program may not include any activities for purposes
    for which funds for Cooperative Threat Reduction programs have
    been denied or are prohibited, including the purposes for which
    funds are prohibited by section 1503 of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
    Stat. 2732).
        (b) Prior Notice to Congress of Obligation of Funds.--The
    Secretary of Defense shall submit to the congressional defense
    committees a report at least 15 days before the obligation of
    any funds for the Arctic Military Environmental Cooperation
    Program. Each such report shall specify--
              (1) the amount of the proposed obligation;
              (2) the activities for which the Secretary plans to
            obligate such funds; and
              (3) the terms of the implementing agreement between
            the United States and the foreign government concerning
            the activity to be undertaken, including the financial
            and other responsibilities of each government.
        (c) Availability of Fiscal Year 1999 Funds.--(1) Of the
    amount authorized to be appropriated by section 301(5),
    $4,000,000 shall be available for carrying out the Arctic
    Military Environmental Cooperation Program.
        (2) Amounts available for the Arctic Military Environmental
    Cooperation Program under paragraph (1) may not be obligated or
    expended for that Program until 45 days after the date on which
    the Secretary of Defense submits to the congressional defense
    committees a plan for the Program under paragraph (3).
        (3) The plan for the Arctic Military Environmental
    Cooperation Program under this paragraph shall include the
    following:
              (A) A statement of the overall goals and objectives
            of the Program.
              (B) A statement of the proposed activities under the
            Program and the relationship of such activities to the
            national security interests of the United States.
              (C) An assessment of the compatibility of the
            activities set forth under subparagraph (B) with the
            purposes of the Cooperative Threat Reduction programs
            of the Department of Defense (including with any
            prohibitions and limitations applicable to such
            programs).
              (D) An estimate of the funding to be required and
            requested in future fiscal years for the activities set
            forth under subparagraph (B).
              (E) A proposed termination date for the Program.
              * * * * * * *

                   Subtitle D--Information Technology Issues

              * * * * * * *

    SEC. 335. CONTINUITY OF ESSENTIAL OPERATIONS AT RISK OF FAILURE BECAUSE
                        OF INFORMATION TECHNOLOGY AND NATIONAL SECURITY
                        SYSTEMS THAT ARE NOT YEAR 2000 COMPLIANT.

        (a) Report Required.--Not later than March 31, 1999, the
    Secretary of Defense and the Director of Central Intelligence
    shall jointly submit to the Committee on Armed Services of the
    Senate and the Committee on National Security of the House of
    Representatives a report on the plans of the Department of
    Defense and the intelligence community for ensuring the
    continuity of performance of essential operations that are at
    risk of failure because of information technology and national
    security systems that are not year 2000 compliant.
        (b) Content.--The report shall contain, at a minimum, the
    following:
              (1) A prioritization of mission critical systems to
            ensure that the most critical systems have the highest
            priority for efforts to reprogram information
            technology and national security systems to be year
            2000 compliant.
              (2) A discussion of the private and other public
            information and support systems relied on by the
            national security community, including the intelligence
            community, and the efforts under way to ensure that
            those systems are year 2000 compliant.
              (3) The efforts under way to repair the underlying
            operating systems and infrastructure.
              (4) The plans for comprehensive testing of Department
            of Defense systems, including simulated operational
            tests in mission areas.
              (5) A comprehensive contingency plan, for the entire
            national security community, which provides for
            resolving emergencies resulting from a system that is
            not year 2000 compliant and includes provision for the
            creation of crisis action teams for use in resolving
            such emergencies.
              (6) A discussion of the efforts undertaken to ensure
            the continued reliability of service on the systems
            used by the President and other leaders of the United
            States for communicating with the leaders of other
            nations.
              (7) A discussion of the vulnerability of allied armed
            forces to the failure of systems that are not, or have
            critical components that are not, year 2000 compliant,
            together with an assessment of the potential problems
            for interoperability among the Armed Forces of the
            United States and allied armed forces because of the
            potential for failure of such systems.
              (8) An estimate of the total cost of making
            information technology and national security systems of
            the Department of Defense and the intelligence
            community year 2000 compliant.
              (9) The countries that have critical computer-based
            systems any disruption of which, due to not being year
            2000 compliant, would cause a significant potential
            national security risk to the United States.
              (10) A discussion of the cooperative arrangements
            between the United States and other nations to assist
            those nations in identifying and correcting (to the
            extent necessary to meet national security interests of
            the United States) any problems in their communications
            and strategic systems, or other systems identified by
            the Secretary of Defense, that make the systems not
            year 2000 compliant.
              (11) A discussion of the threat posed to the national
            security interests of the United States from any
            potential failure of strategic systems of foreign
            countries that are not year 2000 compliant.
        (c) International Cooperative Arrangements.--The Secretary
    of Defense, with the concurrence of the Secretary of State, may
    enter into a cooperative arrangement with a representative of
    any foreign government to provide for the United States to
    assist the foreign government in identifying and correcting (to
    the extent necessary to meet national security interests of the
    United States) any problems in communications, strategic, or
    other systems of that foreign government that render the
    systems not year 2000 compliant.
        (d) Definitions.--In this section:
              (1) The term ``year 2000 compliant'', with respect to
            an information technology or national security system
            of the United States or a computer-based system of a
            foreign government, means that the system correctly
            recognizes dates in years after 1999 as being dates
            after 1999 for the purposes of system functions for
            which the correct date is relevant to the performance
            of the functions, consistent with certification level
            1a, 1b, or 2 (as prescribed in the April 1997
            publication of the Department of Defense entitled
            ``Year 2000 Management Plan'').
              (2) The term ``information technology'' has the
            meaning given that term by section 5002 of the Clinger-
            Cohen Act of 1996 (40 U.S.C. 1401).
              (3) The term ``national security system'' has the
            meaning given that term by section 5142 of the Clinger-
            Cohen Act of 1996 (40 U.S.C. 1452).
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004.\4\ AUTHORIZATION OF APPROPRIATIONS FOR BOSNIA PEACEKEEPING
                        OPERATIONS FOR FISCAL YEAR 1999.

        (a) Authorization of Appropriations.--Funds are hereby
    authorized to be appropriated for the Department of Defense for
    fiscal year 1999 for incremental costs of the Armed Forces for
    Bosnia peacekeeping operations in the total amount of
    $1,858,600,000, as follows:
    ---------------------------------------------------------------------------
        \4\ See also sec. 1006 of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 734).
    ---------------------------------------------------------------------------
              (1) For military personnel, in addition to the
            amounts authorized to be appropriated in title IV of
            this Act:
                      (A) For the Army, $297,700,000.
                      (B) For the Navy, $9,700,000.
                      (C) For the Marine Corps, $2,700,000.
                      (D) For the Air Force, $33,900,000.
                      (E) For the Naval Reserve, $2,200,000.
              (2) For operation and maintenance for the Overseas
            Contingency Operations Transfer Fund, in addition to
            the total amount authorized to be appropriated for that
            fund in section 301(24) of this Act, $1,512,400,000.
        (b) Designation as Emergency.--Funds authorized to be
    appropriated in accordance with subsection (a) are designated
    as emergency requirements pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985
    (2 U.S.C. 901(b)(2)(A)).
        (c) Limitation.--(1) Funds available for the Department of
    Defense for fiscal year 1999 for military personnel for the
    Army, Navy, Marine Corps, Air Force, or Naval Reserve or for
    operation and maintenance for the Overseas Contingency
    Operations Transfer Fund may not be obligated or expended for
    Bosnia peacekeeping operations in excess of the amount
    authorized to be appropriated for that purpose under subsection
    (a).
        (2) The President may waive the limitation in paragraph (1)
    after submitting to Congress the following:
              (A) The President's written certification that the
            waiver is necessary in the national security interests
            of the United States.
              (B) The President's written certification that
            exercising the waiver will not adversely affect the
            readiness of United States military forces.
              (C) A report setting forth the following:
                      (i) The reasons that the waiver is necessary
                    in the national security interests of the
                    United States.
                      (ii) The specific reasons that additional
                    funding is required for the continued presence
                    of United States military forces participating
                    in, or supporting, Bosnia peacekeeping
                    operations for fiscal year 1999.
                      (iii) A discussion of the impact on the
                    military readiness of United States Armed
                    Forces of the continuing deployment of United
                    States military forces participating in, or
                    supporting, Bosnia peacekeeping operations.
              (D) A supplemental appropriations request for the
            Department of Defense for such amounts as are necessary
            for the additional fiscal year 1999 costs associated
            with United States military forces participating in, or
            supporting, Bosnia peacekeeping operations.
        (d) Transfer Authority.--The Secretary of Defense may
    transfer amounts of authorizations made available to the
    Department of Defense in subsection (a)(2) for fiscal year 1999
    to any of the authorizations for that fiscal year in section
    301. Amounts of authorizations so transferred shall be merged
    with and be available for the same purposes as the
    authorization to which transferred. The transfer authority
    under this subsection is in addition to any other transfer
    authority provided in this Act.
        (e) Bosnia Peacekeeping Operations Defined.--For the
    purposes of this section, the term ``Bosnia peacekeeping
    operations''--
              (1) means the operation designated as Operation Joint
            Forge and any other operation involving the
            participation of any of the Armed Forces in
            peacekeeping or peace enforcement activities in and
            around the Republic of Bosnia and Herzegovina; and
              (2) includes, with respect to Operation Joint Forge
            or any such other operation, each activity that is
            directly related to the support of the operation.

    SEC. 1005. PARTNERSHIP FOR PEACE INFORMATION SYSTEM MANAGEMENT.

        Funds authorized to be appropriated under titles II and III
    of this Act shall be available for the Partnership for Peace
    Information Management System as follows:
              (1) Of the amount authorized to be appropriated under
            section 201(4) for Defense-wide activities, $2,000,000.
              (2) Of the amount authorized to be appropriated under
            section 301(5) for Defense-wide activities, $3,000,000.

    SEC. 1006. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                        FISCAL YEAR 1999.

        (a) Fiscal Year 1999 Limitation.--The total amount
    contributed by the Secretary of Defense in fiscal year 1999 for
    the common-funded budgets of NATO may be any amount up to, but
    not in excess of, the amount specified in subsection (b)
    (rather than the maximum amount that would otherwise be
    applicable to those contributions under the fiscal year 1998
    baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable
    under subsection (a) is the sum of the following:
              (1) The amounts of unexpended balances, as of the end
            of fiscal year 1998, of funds appropriated for fiscal
            years before fiscal year 1999 for payments for those
            budgets.
              (2) The amount authorized to be appropriated under
            section 301(1) that is available for contributions for
            the NATO common-funded military budget under section
            314.
              (3) The amount authorized to be appropriated under
            section 201 that is available for contribution for the
            NATO common-funded civil budget under section 243.
              (4) The total amount of the contributions authorized
            to be made under section 2501.
        (c) Definitions.--For purposes of this section:
              (1) Common-funded budgets of nato.--The term
            ``common-funded budgets of NATO'' means the Military
            Budget, the Security Investment Program, and the Civil
            Budget of the North Atlantic Treaty Organization (and
            any successor or additional account or program of
            NATO).
              (2) Fiscal year 1998 baseline limitation.--The term
            ``fiscal year 1998 baseline limitation'' means the
            maximum annual amount of Department of Defense
            contributions for common-funded budgets of NATO that is
            set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of
            the Protocols to the North Atlantic Treaty of 1949 on
            the Accession of Poland, Hungary, and the Czech
            Republic (as defined in section 4(7) of that
            resolution), approved by the Senate on April 30,
            1998.\5\
    ---------------------------------------------------------------------------
        \5\ Secs. 3(2)(C)(ii) and 4(7) of the Protocols to the North
    Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the
    Czech Republic, as approved by the Senate on April 30, 1998, printed in
    the Congressional Record on May 4, 1998 (p. S4217-S4220), provided as
    follows:
        ``[Sec. 3(2)(C)] (ii) Annual limitation on united states
    expenditures for nato.--Unless specifically authorized by law, the
    total amount of expenditures by the United States in any fiscal year
    beginning on or after October 1, 1998, for payments to the common-
    funded budgets of NATO shall not exceed the total of all such payments
    made by the United States in fiscal year 1998.''
        and
        ``[Sec. 4] (7) Protocols to the north atlantic treaty of 1949 on
    the accession of poland, hungary, and the czech republic.--The term
    `Protocols to the North Atlantic Treaty of 1949 on the Accession of
    Poland, Hungary, and the Czech Republic' refers to the following
    protocols transmitted by the President to the Senate on February 11,
    1998 (Treaty Document No. 105-36):
    ---------------------------------------------------------------------------

      ``(A) The Protocol to the North Atlantic Treaty on the Accession of the
    Republic of Poland, signed at Brussels on December 16, 1997.

      ``(B) The Protocol to the North Atlantic Treaty on the Accession of the
    Republic of Hungary, signed at Brussels on December 16, 1997.

      ``(C) The Protocol to the North Atlantic Treaty on the Accession of the
    Czech Republic, signed at Brussels on December 16, 1997.''.

     Subtitle C--Counter-Drug Activities and Other Assistance for Civilian
                                Law Enforcement

              * * * * * * *

    SEC. 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN TRANSIT
                        ZONE.

        (a) Sense of Congress Regarding Priority of Drug
    Interdiction and Counter-Drug Activities.--It is the sense of
    Congress that the Secretary of Defense should--
              (1) ensure that the international drug interdiction
            and counter-drug activities of the Department of
            Defense are accorded adequate resources within the
            budget allocation of the Department to execute the drug
            interdiction and counter-drug mission under the Global
            Military Force Policy of the Department; and
              (2) make such changes to that policy as the Secretary
            considers necessary.
        (b) Support for Counter-Drug Operation Caper Focus.--(1)
    During fiscal year 1999, the Secretary of Defense shall make
    available, to the maximum extent practicable, such surface
    vessels, maritime patrol aircraft, and personnel of the Navy as
    may be necessary to conduct the final phase of the counter-drug
    operation known as Caper Focus, which targets the maritime
    movement of cocaine on vessels in the eastern Pacific Ocean.
        (2) Of the amount authorized to be appropriated pursuant to
    section 301(20) for drug interdiction and counter-drug
    activities, $10,500,000 shall be available for the purpose of
    conducting the counter-drug operation known as Caper Focus.
        (c) Patrol Coastal Craft for Drug Interdiction by Southern
    Command.--Of the amount authorized to be appropriated pursuant
    to section 301(20) for drug interdiction and counter-drug
    activities, $14,500,000 shall be available for the purpose of
    equipping and operating six of the Cyclone-class coastal
    defense ships of the Department of Defense in the Caribbean Sea
    and eastern Pacific Ocean in support of the drug interdiction
    efforts of the United States Southern Command.
        (d) Resulting Availability of Funds for
    Counterproliferation and Counterterrorism Activities.--(1) In
    light of subsection (c), of the amount authorized to be
    appropriated pursuant to section 301(5) for the Special
    Operations Command, $4,500,000 shall be available for the
    purpose of increased training and related operations in support
    of the activities of the Special Operations Command regarding
    counterproliferation of weapons of mass destruction and
    counterterrorism.
        (2) The amount made available under this subsection is in
    addition to other funds authorized to be appropriated under
    section 301(5) for the Special Operations Command for such
    purpose.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

        Subtitle A--United States Armed Forces in Bosnia and Herzegovina

    Sec. 1201. Findings.
    Sec. 1202. Sense of Congress.
    Sec. 1203. Presidential reports.
    Sec. 1204. Secretary of Defense reports on operations in Bosnia and
              Herzegovina.
    Sec. 1205. Definitions.

             Subtitle B--Matters Relating to Contingency Operations

    Sec. 1211. Report on involvement of Armed Forces in contingency and
              ongoing operations.
    Sec. 1212. Submission of report on objectives of a contingency operation
              with requests for funding for the operation.

                 Subtitle C--Matters Relating to NATO and Europe

    Sec. 1221. Limitation on United States share of costs of NATO expansion.
    Sec. 1222. Report on military capabilities of an expanded NATO alliance.

                            Subtitle D--Other Matters

    Sec. 1231. Limitation on assignment of United States forces for certain
              United Nations purposes.
    Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto
              Protocol to the United Nations Framework Convention on Climate
              Change.
    Sec. 1233. Defense burdensharing.
    Sec. 1234. Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to
              foreign countries.
    Sec. 1235. Transfers of naval vessels to certain foreign countries.
    Sec. 1236. Repeal of landmine moratorium.
    Sec. 1237. Application of authorities under the International Emergency
              Economic Powers Act to Communist Chinese military companies.

        Subtitle A--United States Armed Forces in Bosnia and Herzegovina

    SEC. 1201. FINDINGS.

        Congress makes the following findings:
              (1) The contributions of the people of the United
            States and other nations have, in large measure,
            resulted in the suspension of fighting and alleviated
            the suffering of the people of Bosnia and Herzegovina
            since December 1995.
              (2) The United States has expended approximately
            $9,500,000,000 between 1992 and mid-1998 just in
            support of the United States military operations in
            Bosnia to achieve those results.
              (3) Efforts to restore the economy and political
            structure in Bosnia and Herzegovina have achieved some
            success in accordance with the Dayton Accords.
              (4) On March 3, 1998, the President certified to
            Congress (A) that the continued presence of United
            States forces in Bosnia and Herzegovina after June 30,
            1998, was required in order to meet the national
            security interests of the United States, and (B) that
            United States Armed Forces will not serve as, or be
            used as, civil police in Bosnia and Herzegovina.
              (5) With that certification, the President submitted
            to Congress a report stating that the goal of the
            military presence in Bosnia and Herzegovina is to
            establish the conditions under which implementation of
            the Dayton Accords can continue without the support of
            a major NATO-led military force and setting forth the
            criteria for determining when that goal has been
            accomplished.
              (6) Since the administration has not specified how
            long achievement of that goal is expected to take, the
            mission of United States ground combat forces in Bosnia
            and Herzegovina is essentially of indefinite duration.
              (7) The NATO operations plan for the Stabilization
            Force (Operations Plan 10407, which went into effect on
            June 20, 1998, after approval by allied foreign
            ministers) incorporates all of the benchmarks set forth
            in the report referred to in paragraph (5) and states
            that the Stabilization Force will develop detailed
            criteria for assessing progress in achieving those
            benchmarks in close coordination with key international
            organizations participating in civilian implementation
            of the Dayton Accords.
              (8) The military representatives of NATO member
            nations have been tasked by the North Atlantic Council
            to provide estimates of the time likely to be required
            for implementation of the Dayton Accords.
              (9) NATO has decided to conduct formal reviews when
            appropriate (but at intervals of not more than 6
            months) to assess the security situation and the
            progress being made in the implementation of the civil
            aspects of the Dayton Accords. Those reviews will
            enable the Alliance to make decisions as to reductions
            in the size or the Stabilization Force, leading to its
            eventual full withdrawal.
              (10) NATO has approved the creation of a
            multinational specialized unit of gendarmes or
            paramilitary police composed of European security
            forces to help promote public security in Bosnia and
            Herzegovina as a part of the post-June 1998 mission for
            the Stabilization Force.
              (11) The limit established for spending by the United
            States for the defense discretionary budget category
            for fiscal year 1998 in the Balanced Budget and
            Emergency Deficit Control Act of 1985 does not take
            into account the continued deployment of United States
            forces in Bosnia and Herzegovina after June 30, 1998,
            leading to the request by the President for emergency
            supplemental appropriations for the Bosnia and
            Herzegovina mission through September 30, 1998.
              (12) Amounts for Department of Defense operations in
            Bosnia and Herzegovina during fiscal year 1999 were not
            included in the budget of the President for fiscal year
            1999, as submitted to Congress on February 2, 1998.
              (13) The President requested $1,858,600,000 in
            emergency appropriations in his March 4, 1998,
            amendment to the fiscal year 1999 budget to cover the
            shortfall in funding in fiscal year 1999 for the costs
            of extending the mission in Bosnia.

    SEC. 1202. SENSE OF CONGRESS.

        (a) Sense of Congress Concerning United States Forces and
    Accomplishment of Tasks in Bosnia and Herzegovina.--It is the
    sense of Congress that--
              (1) United States ground combat forces should not
            remain in Bosnia and Herzegovina indefinitely in view
            of the worldwide commitments of the Armed Forces of the
            United States;
              (2) the President should work with NATO allies and
            the other nations whose military forces are
            participating in the NATO-led Stabilization Force to
            withdraw United States ground combat forces from Bosnia
            and Herzegovina within a reasonable period of time,
            consistent with the safety of those forces and the
            accomplishment of the Stabilization Force's military
            tasks;
              (3) a NATO-led force without the participation of
            United States ground combat forces in Bosnia and
            Herzegovina might be suitable for a follow-on force for
            Bosnia and Herzegovina if the European Security and
            Defense Identity is not sufficiently developed or is
            otherwise considered inappropriate for such a mission;
            and
              (4) the United States may decide to provide
            appropriate support to a Western European Union-led or
            NATO-led follow-on force for Bosnia and Herzegovina,
            including command and control, intelligence, logistics,
            and, if necessary, a ready reserve force in the region.
        (b) Sense of Congress Concerning Presidential Actions.--It
    is the sense of Congress that the President--
              (1) should inform the European NATO allies of the
            expression of the sense of Congress in subsection (a)
            and should strongly urge them to undertake preparations
            for establishing a Western European Union-led or a
            NATO-led force as a follow-on force to the
            Stabilization Force if needed to maintain peace and
            stability in Bosnia and Herzegovina; and
              (2) should consult closely with the congressional
            leadership and the congressional defense committees
            with respect to the progress being made toward
            achieving a sustainable peace in Bosnia and Herzegovina
            and the progress being made toward a reduction and
            ultimate withdrawal of United States ground combat
            forces from Bosnia and Herzegovina.
        (c) Sense of Congress Concerning Defense Budget.--It is the
    sense of Congress that--
              (1) the President should include in the budget for
            the Department of Defense that the President submits to
            Congress under section 1105(a) of title 31, United
            States Code, for each fiscal year sufficient amounts to
            pay for any proposed continuation of the participation
            of United States forces in NATO operations in Bosnia
            and Herzegovina during that fiscal year; and
              (2) amounts included in the budget for the purpose
            stated in paragraph (1) should be over and above the
            defense discretionary estimates as identified in the
            Bipartisan Budget Agreement of May 16, 1997 and the
            fiscal year 1998 concurrent budget resolution and not
            be transferred from amounts in the budget of any other
            agency of the executive branch, but instead should be
            an overall increase in the budget for the Department of
            Defense and the discretionary spending limits in the
            Balanced Budget Act of 1997.

    SEC. 1203. PRESIDENTIAL REPORTS.

        (a) Required Reports.--The President shall ensure that the
    semiannual reports required by section 7(b) of the general
    provisions of chapter I of the 1998 Supplemental Appropriations
    and Rescissions Act (Public Law 105-174; 112 Stat. 64) are
    submitted to Congress in a timely manner as long as United
    States ground combat forces continue to participate in the
    Stabilization Force (SFOR). In addition, whenever the President
    submits to Congress a request for funds for continued
    operations of United States forces in Bosnia and Herzegovina,
    the President shall submit a supplemental report providing
    information to update Congress on developments since the last
    semiannual report.
        (b) Required Information.--In addition to the information
    required by the section referred to in subsection (a) to be
    included in a report under that section, each report under that
    section or under subsection (a) shall include the following:
              (1) The expected duration of the deployment of United
            States ground combat forces in Bosnia and Herzegovina
            in support of implementation of the benchmarks set
            forth in the President's report of March 3, 1998
            (referred to in section 1201(5)) for achieving a
            sustainable peace process.
              (2) The percentage of those benchmarks that have been
            completed as of the date of the report, the percentage
            that are expected to be completed within the next
            reporting period, and the expected time for completion
            of the remaining tasks.
              (3) The status of the NATO force of gendarmes or
            paramilitary police, including the mission of the
            force, the composition of the force, and the extent, if
            any, to which members of the Armed Forces of the United
            States are participating (or are to participate) in the
            force.
              (4) The military and nonmilitary missions that the
            President has directed for United States forces in
            Bosnia and Herzegovina, including a specific discussion
            of--
                      (A) the mission of those forces, if any, in
                    connection with the pursuit and apprehension of
                    war criminals;
                      (B) the mission of those forces, if any, in
                    connection with civilian police functions;
                      (C) the mission of those forces, if any, in
                    connection with the resettlement of refugees;
                    and
                      (D) the missions undertaken by those forces,
                    if any, in support of international and local
                    civilian authorities.
              (5) An assessment of the risk for the United States
            forces in Bosnia and Herzegovina, including, for each
            mission identified pursuant to paragraph (4), the
            assessment of the Chairman of the Joint Chiefs of Staff
            regarding the nature and level of risk of the mission
            for the safety and well-being of United States military
            personnel.
              (6) An assessment of the cost to the United States,
            by fiscal year, of carrying out the missions identified
            pursuant to paragraph (4) and a detailed projection of
            any additional funding that will be required by the
            Department of Defense to meet mission requirements for
            those operations for the remainder of the fiscal year.
              (7) A joint assessment by the Secretary of Defense
            and the Secretary of State of the status of planning
            for--
                      (A) the assumption of all remaining military
                    missions inside Bosnia and Herzegovina by
                    European military and paramilitary forces; and
                      (B) the establishment and support of a
                    forward-based United States rapid response
                    force outside of Bosnia and Herzegovina that
                    would be capable of deploying rapidly to defeat
                    military threats to a European follow-on force
                    inside Bosnia and Herzegovina and of providing
                    whatever logistical, intelligence, and air
                    support is needed to ensure that a European
                    follow-on force is fully capable of
                    accomplishing its missions under the Dayton
                    Accords.

    SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN BOSNIA AND
                        HERZEGOVINA.

        (a) Report on Effects on Capabilities of United States
    Military Forces.--Not later than December 15, 1998, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the effects of military operations in
    Bosnia and Herzegovina and the Balkans region on the
    capabilities of United States military forces. The report
    shall, in particular, describe the effects of those operations
    on the capability of United States military forces to conduct
    successfully two nearly simultaneous major theater wars as
    specified in current Defense Planning Guidance and in
    accordance with the deployment timelines called for in the war
    plans of the commanders of the unified combatant commands.
        (b) Additional Reports.--Whenever the number of United
    States ground combat forces in Bosnia and Herzegovina increases
    or decreases by 20 percent or more compared to the number of
    such forces as of the most recent previous report under this
    section, the Secretary shall submit an additional report as
    specified in subsection (a). Any such additional report shall
    be submitted within 30 days of the date on which the
    requirement to submit the report becomes effective under the
    preceding sentence.
        (c) Matters To Be Included.--The Secretary shall include in
    each report under this section information with respect to the
    effects of military operations in Bosnia and Herzegovina and
    the Balkans region on the capabilities of United States
    military forces to conduct successfully two nearly simultaneous
    major theater wars as specified in current Defense Planning
    Guidance and in accordance with the deployment timelines called
    for in the war plans of the commanders of the unified combatant
    commands. Such information shall include information on the
    effects of those operations on anticipated deployment plans for
    major theater wars in Southwest Asia or on the Korean
    peninsula, including the following:
              (1) Deficiencies or delays in deployment of strategic
            lift, logistics support and infrastructure, ammunition
            (including precision guided munitions), support forces,
            intelligence assets, follow-on forces used for planned
            counteroffensives, and similar forces.
              (2) Additional planned reserve component
            mobilization, including specific units to be ordered to
            active duty and required dates for activation of
            presidential call-up authority.
              (3) Specific plans and timelines for redeployment of
            United States forces from Bosnia and Herzegovina, the
            Balkans region, or supporting forces in the region, to
            both the first and second major theater war.
              (4) Preventative actions or deployments involving
            United States forces in Bosnia and Herzegovina and the
            Balkans region that would be taken in the event of a
            single theater war to deter the outbreak of a second
            theater war.
              (5) Specific plans and timelines to replace forces
            deployed to Bosnia and Herzegovina, the Balkans region,
            or the surrounding region to maintain United States
            military presence.
              (6) An assessment, undertaken in consultation with
            the Chairman of the Joint Chiefs of Staff and the
            commanders of the unified combatant commands, of the
            level of increased risk to successful conduct of the
            major theater wars and the maintenance of security and
            stability in Bosnia and Herzegovina and the Balkans
            region, by the requirement to redeploy forces from
            Bosnia and the Balkans in the event of a major theater
            war.

    SEC. 1205. DEFINITIONS.

        As used in this subtitle:
              (1) Dayton peace accords.--The term ``Dayton Peace
            Accords'' means the General Framework Agreement for
            Peace in Bosnia and Herzegovina, initialed by the
            parties in Dayton, Ohio, on November 21, 1995, and
            signed in Paris on December 14, 1995.
              (2) Stabilization force.--The term ``Stabilization
            Force'' means the NATO-led force in Bosnia and
            Herzegovina and other countries in the region (referred
            to as ``SFOR''), authorized under United Nations
            Security Council Resolution 1088 (December 12, 1996).
              (3) NATO.--The term ``NATO'' means the North Atlantic
            Treaty Organization.

             Subtitle B--Matters Relating to Contingency Operations

    SEC. 1211. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTINGENCY AND
                        ONGOING OPERATIONS.

        (a) Report Required.--Not later than January 31, 1999, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on National Security
    of the House of Representatives a report on the involvement of
    the Armed Forces in major contingency operations and major
    ongoing operations since the end of the Persian Gulf War. The
    report shall include the following:
              (1) A discussion of the effects of the involvement of
            the Armed Forces in those operations on retention of
            personnel in the Armed Forces, shown in the aggregate
            and separately for officers and enlisted personnel.
              (2) The extent to which the use of combat support and
            combat service support personnel and equipment of the
            Armed Forces in those operations has resulted in
            shortages of Armed Forces personnel and equipment in
            other regions of the world.
              (3) The accounts from which funds have been drawn to
            pay for those operations and the specific programs for
            which those funds were available until diverted to pay
            for those operations.
              (4) For each such operation--
                      (A) a statement of the vital interests of the
                    United States that are involved in the
                    operation or, if none, the interests of the
                    United States that are involved in the
                    operation and a characterization of those
                    interests;
                      (B) a statement of what clear and distinct
                    objectives guide the activities of United
                    States forces in the operation; and
                      (C) a statement of what the President has
                    identified on the basis of those objectives as
                    the date, or the set of conditions, that
                    defines the end of the operation.
        (b) Form of Report.--The report shall be submitted in
    unclassified form, but may also be submitted in a classified
    form if necessary.
        (c) Major Operation Defined.--For the purposes of this
    section, a contingency operation or an ongoing operation is a
    major contingency operation or a major ongoing operation,
    respectively, if the operation involves the deployment of more
    than 500 members of the Armed Forces.

    SEC. 1212. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTINGENCY
                        OPERATION WITH REQUESTS FOR FUNDING FOR THE
                        OPERATION.

        (a) Findings.--Congress makes the following findings:
              (1) On May 3, 1994, the President issued Presidential
            Decision Directive 25 declaring that American
            participation in United Nations and other peace
            operations would depend in part on whether the role of
            United States forces is tied to clear objectives and an
            endpoint for United States participation can be
            identified.
              (2) Between that date and mid-1998, the President and
            other executive branch officials have obligated or
            requested appropriations of approximately
            $9,400,000,000 for military-related operations
            throughout Bosnia and Herzegovina without providing to
            Congress, in conjunction with the budget submission for
            any fiscal year, a strategic plan for such operations
            under the criteria set forth in that Presidential
            Decision Directive.
              (3) Between November 27, 1995, and mid-1998 the
            President has established three deadlines, since
            elapsed, for the termination of United States military-
            related operations throughout Bosnia and Herzegovina.
              (4) On December 17, 1997, the President announced
            that United States ground combat forces would remain in
            Bosnia and Herzegovina for an unknown period of time.
              (5) Approximately 47,880 United States military
            personnel (excluding personnel serving in units
            assigned to the Republic of Korea) have participated in
            14 international contingency operations between fiscal
            years 1991 and 1998.
              (6) The 1998 posture statements of the Navy and Air
            Force included declarations that the pace of military
            operations over fiscal year 1997 adversely affected the
            readiness of non-deployed forces, personnel retention
            rates, and spare parts inventories of the Navy and Air
            Force.
        (b) Information To Be Reported With Funding Requests.--
    Section 113 of title 10, United States Code, is amended by
    adding after subsection (l), as added by section 915, the
    following new subsection: * * *

                Subtitle C--Matters Relating to NATO and Europe

    SEC. 1221.\6\ LIMITATION ON UNITED STATES SHARE OF COSTS OF NATO
                        EXPANSION.

        (a) Limitation.--The United States share of defined NATO
    expansion costs may not exceed the lesser of--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) the amount equal to 25 percent of those costs; or
              (2) $2,000,000,000.
        (b) Defined NATO Expansion Costs.--For purposes of
    subsection (a), the term ``defined NATO expansion costs'' means
    the commonly funded costs of the North Atlantic Treaty
    Organization (NATO) during fiscal years 1999 through 2011 for
    enlargement of NATO due to the admission to NATO of Poland,
    Hungary, and the Czech Republic.

    SEC. 1222. REPORT ON MILITARY CAPABILITIES OF AN EXPANDED NATO
                        ALLIANCE.

        (a) Report.--The Secretary of Defense shall prepare a
    report, in both classified and unclassified form, on the
    planned future military capabilities of the North Atlantic
    Treaty Organization (NATO) with the anticipated accession of
    Poland, the Czech Republic, and Hungary to the NATO alliance.
    The report shall set forth the following:
              (1) An assessment of the tactical, operational, and
            strategic military requirements, including
            interoperability, reinforcement, and force
            modernization issues, as well as strategic and
            territorial issues, that are raised by the inclusion of
            Poland, the Czech Republic, and Hungary in the NATO
            alliance.
              (2) The minimum military requirements to be satisfied
            by those countries before accession to the NATO
            alliance in April 1999.
              (3) The improvements to common alliance military
            assets that are necessary as a result of expanding the
            NATO alliance to include those nations.
              (4) The improvements to national capabilities of
            current NATO members that would be necessitated by the
            inclusion of those nations in the alliance.
              (5) The necessary improvements to national
            capabilities of the military forces of those new member
            nations.
              (6) Any additional necessary improvements to common
            alliance military assets of the military forces of
            those new members for which funds are not planned to be
            included in the NATO budget.
              (7) The additional requirements, related to NATO
            expansion, that the United States would agree to assist
            each new member nation to meet on a bilateral basis.
        (b) Matters To Be Included.--The report shall include the
    following:
              (1) An assessment of the tactical and operational
            capabilities of the military forces of Poland, the
            Czech Republic, and Hungary.
              (2) An assessment of the ability of each such new
            member nation to meet the minimum military requirements
            upon accession to the NATO alliance in April 1999, and
            the ability of that nation to provide logistical,
            command and control, and other vital infrastructure
            required for alliance defense (as specified in Article
            V of the NATO Charter), including a description in
            general terms of alliance plans for reinforcing each
            new NATO member nation during a crisis or war and
            detailing means for deploying both United States and
            other NATO forces from current member states and from
            the continental United States or other United States
            bases worldwide and, in particular, describing plans
            for ground reinforcement of Hungary.
              (3) An assessment of the ability of the current and
            new alliance members to deploy and sustain combat
            forces in alliance defense missions conducted in the
            territory of any of the new member nations, as
            specified in Article V of the NATO Charter.
              (4) A description of projected defense programs
            through 2009 (shown on an annual basis and
            cumulatively) of each current and new alliance member
            nation--
                      (A) including planned investments in
                    capabilities pursuant to Article V to ensure
                    that--
                              (i) the nation's military force
                            structure, defense planning, command
                            structures, and force goals promote
                            NATO's capacity to project power when
                            the security of a NATO member is
                            threatened; and
                              (ii) NATO members possess national
                            military capabilities to rapidly deploy
                            forces over long distances, sustain
                            operations for extended periods, and
                            operate jointly with the United States
                            in high intensity conflicts as well as
                            potential alliance contingency
                            operations;
                      (B) showing both planned national efforts as
                    well as planned alliance common efforts; and
                      (C) describing any deficiencies in
                    investments by current or new alliance member
                    nations.
              (5) A detailed comparison and description of the
            differences in scope, methodology, and assessments of
            common alliance or national responsibilities, or any
            other factor related to alliance capabilities between
            (A) the report on alliance expansion costs prepared by
            the Department of Defense (in the report submitted to
            Congress in February 1998 entitled ``Report to the
            Congress on the Military Requirements and Costs of NATO
            Enlargement''), and (B) the report on alliance
            expansion costs prepared by NATO collectively and
            referred to as the ``NATO estimate'', issued at
            Brussels in November 1997.
              (6) Any other factor that, in the judgment of the
            Secretary of Defense, bears upon the strategic,
            operational, or tactical military capabilities of an
            expanded NATO alliance.
        (c) Submission of Report.--The report shall be submitted to
    Congress not later than March 15, 1999.
    ---------------------------------------------------------------------------
        \7\ Formerly at 22 U.S.C. 1928 note, requiring reports on the
    development of the European security and defense identity. Repealed by
    sec. 1031(g)(2) of Public Law 108-136 (117 Stat. 1604).
    ---------------------------------------------------------------------------

    SEC. 1223.\7\ * * * [REPEALED--2003]

                           Subtitle D--Other Matters

    SEC. 1231. LIMITATION ON ASSIGNMENT OF UNITED STATES FORCES FOR CERTAIN
                        UNITED NATIONS PURPOSES.

        (a) Limitation on Participation in United Nations Rapidly
    Deployable Mission Headquarters.--If members of the Armed
    Forces are assigned during fiscal year 1999 to the United
    Nations Rapidly Deployable Mission Headquarters, the number of
    members so assigned may not exceed eight at any time during
    that year.
        (b) \8\ Prohibition.--No funds available to the Department
    of Defense may be used--
    ---------------------------------------------------------------------------
        \8\ 10 U.S.C. 405 note.
    ---------------------------------------------------------------------------
              (1) for a monetary contribution to the United Nations
            for the establishment of a standing international force
            under the United Nations; or
              (2) to assign or detail any member of the Armed
            Forces to duty with a United Nations Stand By Force.

    SEC. 1232.\9\ PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO
                        PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION
                        ON CLIMATE CHANGE.

        (a) In General.--Notwithstanding any other provision of
    law, no provision of the Kyoto Protocol to the United Nations
    Framework Convention on Climate Change, or any regulation
    issued pursuant to such protocol, shall restrict the training
    or operations of the United States Armed Forces or limit the
    military equipment procured by the United States Armed Forces.
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 111 note.
    ---------------------------------------------------------------------------
        (b) Waiver.--A provision of law may not be construed as
    modifying or superseding the provisions of subsection (a)
    unless that provision of law--
              (1) specifically refers to this section; and
              (2) specifically states that such provision of law
            modifies or supersedes the provisions of this section.
        (c) Matters Not Affected.--Nothing in this section shall be
    construed to preclude the Department of Defense from
    implementing any measure to achieve efficiencies or for any
    other reason independent of the Kyoto Protocol.

    SEC. 1233. DEFENSE BURDENSHARING. * * * \10\
    ---------------------------------------------------------------------------

        \10\ Sec. 1233 amended sec. 1221 of the National Defense
    Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
    1935; 22 U.S.C. 1928 note), relating to defense burdensharing.
    ---------------------------------------------------------------------------

    SEC. 1234. TRANSFER OF EXCESS UH-1 HUEY AND AH-1 COBRA HELICOPTERS TO
                        FOREIGN COUNTRIES. * * * \11\
    ---------------------------------------------------------------------------

        \11\ Sec. 1234 added sec. 2581 to 10 U.S.C.
    ---------------------------------------------------------------------------

    SEC. 1235. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

        (a) Transfers by Grant.--The Secretary of the Navy is
    authorized to transfer vessels to foreign countries on a grant
    basis under section 516 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2321j) as follows:
              (1) To the Government of Argentina, the NEWPORT class
            tank landing ship NEWPORT (LST 1179).
              (2) To the Government of Greece--
                      (A) the KNOX class frigate HEPBURN (FF 1055);
                    and
                      (B) the ADAMS class guided missile destroyers
                    STRAUSS (DDG 16), SEMMS (DDG 18), and WADDELL
                    (DDG 24).
              (3) To the Government of Portugal, the STALWART class
            ocean surveillance ship ASSURANCE (T-AGOS 5).
              (4) To the Government of Turkey, the KNOX class
            frigates PAUL (FF 1080), MILLER (FF 1091), and W.S.
            SIMMS (FF 1059).
        (b) Transfers by Sale.--The Secretary of the Navy is
    authorized to transfer vessels to foreign countries on a sales
    basis under section 21 of the Arms Export Control Act (22
    U.S.C. 2761) as follows:
              (1) To the Government of Brazil, the NEWPORT class
            tank landing ships CAYUGA (LST 1186) and PEORIA (LST
            1183).
              (2) To the Government of Chile--
                      (A) the NEWPORT class tank landing ship SAN
                    BERNARDINO (LST 1189); and
                      (B) the auxiliary repair dry dock WATERFORD
                    (ARD 5).
              (3) To the Government of Greece--
                      (A) the OAK RIDGE class medium dry dock
                    ALAMAGORDO (ARDM 2); and
                      (B) the KNOX class frigates VREELAND (FF
                    1068) and TRIPPE (FF 1075).
              (4) To the Government of Mexico--
                      (A) the auxiliary repair dock SAN ONOFRE (ARD
                    30); and
                      (B) the KNOX class frigate PHARRIS (FF 1094).
              (5) To the Government of the Philippines, the
            STALWART class ocean surveillance ship TRIUMPH (T-AGOS
            4).
              (6) To the Government of Spain, the NEWPORT class
            tank landing ships HARLAN COUNTY (LST 1196) and
            BARNSTABLE COUNTY (LST 1197).
              (7) To the Taipai Economic and Cultural
            Representative Office in the United States (the Taiwan
            instrumentality that is designated pursuant to section
            10(a) of the Taiwan Relations Act)--
                      (A) the KNOX class frigates PEARY (FF 1073),
                    JOSEPH HEWES (FF 1078), COOK (FF 1083), BREWTON
                    (FF 1086), KIRK (FF 1987), and BARBEY (FF
                    1088);
                      (B) the NEWPORT class tank landing ships
                    MANITOWOC (LST 1180) and SUMTER (LST 1181);
                      (C) the floating dry dock COMPETENT (AFDM 6);
                    and
                      (D) the ANCHORAGE class dock landing ship
                    PENSACOLA (LSD 38).
              (8) To the Government of Turkey--
                      (A) the OLIVER HAZARD PERRY class guided
                    missile frigates MAHLON S. TISDALE (FFG 27),
                    REID (FFG 30), and DUNCAN (FFG 10); and
                      (B) the KNOX class frigates REASONER (FF
                    1063), FANNING (FF 1076), BOWEN (FF 1079),
                    MCCANDLESS (FF 1084), DONALD BEARY (FF 1085),
                    AINSWORTH (FF 1090), THOMAS C. HART (FF 1092),
                    and CAPODANNO (FF 1093).
              (9) To the Government of Venezuela, the medium
            auxiliary floating dry dock bearing hull number AFDM 2.
        (c) Transfers on a Combined Lease-Sale Basis.--The
    Secretary of the Navy is authorized to transfer vessels to
    foreign countries on a combined lease-sale basis under sections
    61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761)
    and in accordance with subsection (d) as follows:
              (1) To the Government of Brazil, the CIMARRON class
            oiler MERRIMACK (AO 179).
              (2) To the Government of Greece, the KIDD class
            guided missile destroyers KIDD (DDG 993), CALLAGHAN
            (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996).
        (d) Conditions Relating To Combined Lease-Sale Transfers.--
    A transfer of a vessel on a combined lease-sale basis
    authorized by subsection (c) shall be made in accordance with
    the following requirements:
              (1) The Secretary may initially transfer the vessel
            by lease, with lease payments suspended for the term of
            the lease, if the country entering into the lease for
            the vessel simultaneously enters into a foreign
            military sales agreement for the transfer of title to
            the vessel.
              (2) The Secretary may not deliver to the purchasing
            country title to the vessel until the purchase price of
            the vessel under such a foreign military sales
            agreement is paid in full.
              (3) Upon payment of the purchase price in full under
            such a sales agreement and delivery of title to the
            recipient country, the Secretary shall terminate the
            lease.
              (4) If the purchasing country fails to make full
            payment of the purchase price in accordance with the
            sales agreement by the date required under the sales
            agreement--
                      (A) the sales agreement shall be immediately
                    terminated;
                      (B) the suspension of lease payments under
                    the lease shall be vacated; and
                      (C) the United States shall be entitled to
                    retain all funds received on or before the date
                    of the termination under the sales agreement,
                    up to the amount of the lease payments due and
                    payable under the lease and all other costs
                    required by the lease to be paid to that date.
              (5) If a sales agreement is terminated pursuant to
            paragraph (4), the United States shall not be required
            to pay any interest to the recipient country on any
            amount paid to the United States by the recipient
            country under the sales agreement and not retained by
            the United States under the lease.
        (e) Requirement for Provision in Advance in an
    Appropriations Act.--Authority to transfer vessels on a sale
    basis under subsection (b) or a combined lease-sale basis under
    subsection (c) is effective only to the extent that authority
    to effectuate such transfers, together with appropriations to
    cover the associated cost (as defined in section 502 of the
    Congressional Budget of 1974 (2 U.S.C. 661a)), are provided in
    advance in an appropriations Act.
        (f ) Authorization of Appropriations for Certain Costs of
    Transfers.--There is established in the Treasury of the United
    States a special account to be known as the Defense Vessels
    Transfer Program Account. There is hereby authorized to be
    appropriated into that account such sums as may be necessary
    for the costs (as defined in section 502 of the Congressional
    Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers
    authorized by subsection (c). Funds in that account are
    available only for the purpose of covering those costs.
        (g) Notification of Congress.--Not later than 30 days after
    the date of the enactment of this Act, the Secretary of the
    Navy shall submit to Congress, for each naval vessel that is to
    be transferred under this section before January 1, 1999, the
    notifications required under section 516 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j) and section 525 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2413).
        (h) Grants not Counted in Annual Total of Transferred
    Excess Defense Articles.--The value of a vessel transferred to
    another country on a grant basis under section 516 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to
    authority provided by subsection (a) shall not be counted for
    the purposes of subsection (g) of that section in the aggregate
    value of excess defense articles transferred to countries under
    that section in any fiscal year.
        (i) Costs of Transfers.--Any expense incurred by the United
    States in connection with a transfer authorized by this section
    shall be charged to the recipient (notwithstanding section
    516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j(e)(1)) in the case of a transfer authorized to be made on
    a grant basis under subsection (a)).
        ( j) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the Secretary of the Navy
    shall require, as a condition of the transfer of a vessel under
    this section, that the country to which the vessel is
    transferred have such repair or refurbishment of the vessel as
    is needed, before the vessel joins the naval forces of that
    country, performed at a shipyard located in the United States,
    including a United States Navy shipyard.
        (k) 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.

    SEC. 1236. REPEAL OF LANDMINE MORATORIUM.

        Section 580 of the Foreign Operations Appropriations Act,
    1996 (Public Law 104-107; 110 Stat. 751), is repealed.\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 580 of Public Law 104-107 had read as follows:
    ---------------------------------------------------------------------------

    ``moratorium on use of antipersonnel landmines
    ---------------------------------------------------------------------------

        ``Sec. 580. (a) United States Moratorium.--For a period of one year
    beginning three years after the date of enactment of this Act, the
    United States shall not use antipersonnel landmines except along
    internationally recognized national borders or in demilitarized zones
    within a perimeter marked area that is monitored by military personnel
    and protected by adequate means to ensure the exclusion of civilians.
        ``(b) Definition and Exemptions.--For the purposes of this section:
    ---------------------------------------------------------------------------

      ``(1) Antipersonnel landmine.--The term `antipersonnel landmine' means
    any munition placed under, on, or near the ground or other surface area,
    delivered by artillery, rocket, mortar, or similar means, or dropped from
    an aircraft and which is designed, constructed or adapted to be detonated
    or exploded by the presence, proximity, or contact of a person.

      ``(2) Exemptions.--The term `antipersonnel landmine' does not include
    command detonated Claymore munitions.''.

    SEC. 1237.\13\ APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL
                        EMERGENCY ECONOMIC POWERS ACT TO COMMUNIST CHINESE
                        MILITARY COMPANIES.

        (a) Presidential Authority.--
              (1) In general.--The President may exercise IEEPA
            authorities (other than authorities relating to
            importation) without regard to section 202 of the
            International Emergency Economic Powers Act (50 U.S.C.
            1701) in the case of any commercial activity in the
            United States by a person that is on the list published
            under subsection (b).
    ---------------------------------------------------------------------------
        \13\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
              (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 paragraph (1).
              (3) Ieepa authorities.--For purposes of paragraph
            (1), the term ``IEEPA authorities'' means the
            authorities set forth in section 203(a) of the
            International Emergency Economic Powers Act (50 U.S.C.
            1702(a)).
        (b) Determination and Publication of Communist Chinese
    Military Companies Operating in United States.--
              (1) Initial determination and publication.--Not later
            than 90 days after the date of the enactment of this
            Act, the Secretary of Defense shall make a
            determination of those persons operating directly or
            indirectly in the United States or any of its
            territories and possessions that are Communist Chinese
            military companies and shall publish a list of those
            persons in the Federal Register.
              (2) Revisions to list.--The Secretary of Defense
            shall make additions or deletions to the list published
            under paragraph (1) on an ongoing basis based on the
            latest information available.
              (3) Consultation.--The Secretary of Defense shall
            consult with the following officers in carrying out
            paragraphs (1) and (2):
                      (A) The Attorney General.
                      (B) The Director of Central Intelligence.
                      (C) The Director of the Federal Bureau of
                    Investigation.
              (4) Communist chinese military company.--For purposes
            of making the determination required by paragraph (1)
            and of carrying out paragraph (2), the term ``Communist
            Chinese military company'' means--
                      (A) any person identified in the Defense
                    Intelligence Agency publication numbered VP-
                    1920-271-90, dated September 1990, or PC-1921-
                    57-95, dated October 1995, and any update of
                    those publications for the purposes of this
                    section; and
                      (B) any other person that--
                              (i) is owned or controlled by , or
                            affiliated with,\14\ the People's
                            Liberation Army or a ministry of the
                            government of the People's Republic of
                            China or that is owned or controlled by
                            an entity affiliated with the defense
                            industrial base of the People's
                            Republic of China; \15\ and
    ---------------------------------------------------------------------------
        \14\ Sec. 1222(1) of Public Law 108-375 (118 Stat. 2089) inserted
    ``, or affiliated with,'' after ``or controlled by''.
        \15\ Sec. 1222(2) of Public Law 108-375 (118 Stat. 2089) inserted
    ``or a ministry of the government of the People's Republic of China or
    that is owned or controlled by an entity affiliated with the defense
    industrial base of the People's Republic of China''.
    ---------------------------------------------------------------------------
                              (ii) is engaged in providing
                            commercial services, manufacturing,
                            producing, or exporting.
        (c) People's Liberation Army.--For purposes of this
    section, the term ``People's Liberation Army'' means the land,
    naval, and air military services, the police, and the
    intelligence services of the Communist Government of the
    People's Republic of China, and any member of any such service
    or of such police.

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                               SOVIET UNION \16\

              * * * * * * *
    ---------------------------------------------------------------------------
        \16\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
                                DESTRUCTION \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

       TITLE XV--MATTERS RELATING TO ARMS CONTROL, EXPORT CONTROLS, AND
                           COUNTER-PROLIFERATION \18\

              * * * * * * *
    ---------------------------------------------------------------------------
        \18\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

    SEC. 3131. PERMANENT EXTENSION OF FUNDING PROHIBITION RELATING TO
                        INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

        Section 3133(a) of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036) is
    amended by striking out ``for fiscal year 1998'' and inserting
    in lieu thereof ``for any fiscal year''.\19\
    ---------------------------------------------------------------------------
        \19\ Formerly at 42 U.S.C. 7273c. Sec. 3141(f)(2) of Public Law
    108-136 (117 Stat. 1762) redesignated sec. 3133 of Public Law 105-85 as
    sec. 4301 of Public Law 107-314, and as 50 U.S.C. 2561.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3133. NONPROLIFERATION ACTIVITIES.

        (a) Initiatives for Proliferation Prevention.--Of the
    amount authorized to be appropriated by section
    3103(a)(1)(A)(ii), up to $20,000,000 may be used for the
    Initiatives for Proliferation Prevention program.
        (b) Nuclear Cities Initiative.--(1) Funds authorized under
    this title may not be obligated or expended for the purpose of
    implementing the Nuclear Cities Initiative until--
              (A) the Secretary of Energy submits to the
            congressional defense committees the report described
            in paragraph (2); and
              (B) a period of 20 legislative days has expired
            following the date on which the report is submitted to
            Congress.
        (2) The Secretary of Energy shall prepare a report on the
    Nuclear Cities Initiative. The report shall describe--
              (A) the objectives of the initiative;
              (B) methods and processes for the implementation of
            the initiative;
              (C) a program timeline for the initiative with
            milestones; and
              (D) the funding requirements for the initiative
            through its completion.
        (3) For purposes of this section, the term ``Nuclear Cities
    Initiative'' means the initiative arising pursuant to the March
    1998 discussion between the Vice President of the United States
    and the Prime Minister of the Russian Federation and between
    the Secretary of Energy of the United States and the Minister
    of Atomic Energy of the Russian Federation.
        (4) For purposes of paragraph (1)(B), a legislative day is
    a day on which both Houses of Congress are in session.
              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 3160. INTERNATIONAL COOPERATIVE INFORMATION EXCHANGE.

        (a) Findings.--Congress finds the following:
              (1) Currently in the post-cold war world, there are
            new opportunities to facilitate international political
            and scientific cooperation on cost-effective, advanced,
            and innovative nuclear management technologies.
              (2) There is increasing public interest in monitoring
            and remediation of nuclear waste.
              (3) It is in the best interest of the United States
            to explore and develop options with the international
            community to facilitate the exchange of evolving
            advanced nuclear wastes technologies.
        (b) Sense of Congress.--It is the sense of Congress that
    the Secretary of Energy, in consultation with the Secretary of
    State, the Secretary of Defense, the Administrator of the
    Environmental Protection Agency, and other officials as
    appropriate, should prepare and submit to the Committee on
    Armed Services of the Senate and the Committee on National
    Security of the House of Representatives a report containing
    the following:
              (1) An assessment of whether the United States should
            encourage the establishment of an international project
            to facilitate the international exchange of information
            (including costs data) relating to nuclear waste
            technologies, including technologies for solid and
            liquid radioactive wastes and contaminated soils and
            sediments.
              (2) An assessment of whether such a project could be
            funded privately through industry, public interest, and
            scientific organizations and administered by an
            international nongovernmental organization, with
            operations in the United States, Russia, and other
            countries that have an interest in developing such
            technologies.
              (3) A description of the Federal programs that
            facilitate the exchange of such information and of any
            added benefit of consolidating such programs into such
            a project.
              (4) Recommendations for any legislation that the
            Secretary of Energy believes would be required to
            enable such a project to be undertaken.
              * * * * * * *

                    TITLE XXXV--PANAMA CANAL COMMISSION \20\

              * * * * * * *
    ---------------------------------------------------------------------------
        \20\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. G.
    ---------------------------------------------------------------------------

                      TITLE XXXVI--MARITIME ADMINISTRATION

              * * * * * * *

    SEC. 3603. AUTHORITY TO CONVEY CERTAIN NATIONAL DEFENSE RESERVE FLEET
                        VESSELS.

        (a) Authority To Convey.--The Secretary of Transportation
    may convey all right, title, and interest of the United States
    Government in and to the vessels BENJAMIN ISHERWOOD (TAO-191)
    and HENRY ECKFORD (TAO-192) to a purchaser for the limited
    purpose of reconstruction of those vessels for sale or charter
    to a North Atlantic Treaty Organization country for full use as
    an oiler.
        (b) Terms of Conveyance.--
              (1) Delivery of vessel.--In carrying out subsection
            (a), the Secretary shall deliver the vessel--
                      (A) at the place where the vessel is located
                    on the date of the conveyance;
                      (B) in its condition on that date; and
                      (C) at no cost to the United States
                    Government.
              (2) Required conditions.--The Secretary may not
            convey a vessel under this section unless--
                      (A) competitive procedures are used for sales
                    under this section;
                      (B) the vessel is sold for not less than the
                    fair market value of the vessel in the United
                    States, as determined by the Secretary of
                    Transportation;
                      (C) the recipient agrees that any repair,
                    except for emergency repairs, restoration, or
                    reconstruction work for the vessel will be
                    performed in the United States;
                      (D) the recipient agrees to hold the
                    Government harmless for any claims arising from
                    defects in the vessel or from exposure to
                    hazardous material, including asbestos and
                    polychlorinated biphenyls, after the conveyance
                    of the vessel, except for claims arising before
                    the date of the conveyance or from use of the
                    vessel by the Government after that date;
                      (E) the recipient provides sufficient
                    evidence to the Secretary that it has adequate
                    financial resources in the form of cash, liquid
                    assets, or a written loan commitment to
                    complete the reconstruction of the vessel; and
                      (F) with respect to the vessel, the recipient
                    remains subject to all laws and regulations
                    governing the export of military items,
                    including the requirements administered by the
                    Department of State regarding export licenses
                    and certification of nontransfer end use.
              (3) Additional terms.--The Secretary may require such
            additional terms in connection with a conveyance
            authorized by this section as the Secretary considers
            appropriate.
        (c) Proceeds.--Any amounts received by the United States as
    proceeds from the sale of a vessel under this section shall be
    deposited in the Vessel Operations Revolving Fund established
    by section 801 of the Act of June 2, 1951 (65 Stat. 59; 46
    U.S.C. App. 1241a) and shall be available and expended in
    accordance with section 6(a) of the National Maritime Heritage
    Act (16 U.S.C. App. 5405(a)).
              * * * * * * *

     TITLE XXXVII--INCREASED MONITORING OF PRODUCTS MADE WITH FORCED LABOR

              * * * * * * *

    SEC. 3701. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR
                        THE IMPORTATION OF PRODUCTS MADE WITH FORCED LABOR.

        There are authorized to be appropriated for monitoring by
    the United States Customs Service of the importation into the
    United States of products made with forced labor, the
    importation of which violates section 307 of the Tariff Act of
    1930 or section 1761 of title 18, United States Code,
    $2,000,000 for fiscal year 1999.

    SEC. 3702.\21\ REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED
                        FOR THE UNITED STATES MARKET.

        (a) Report to Congress.--Not later than 1 year after the
    date of the enactment of this Act, the Commissioner of Customs
    shall prepare and transmit to the Congress a report on products
    made with forced labor that are destined for the United States
    market.
    ---------------------------------------------------------------------------
        \21\ 19 U.S.C. 1307 note.
    ---------------------------------------------------------------------------
        (b) Contents of Report.--The report under subsection (a)
    shall include information concerning the following:
              (1) The extent of the use of forced labor in
            manufacturing products destined for the United States
            market.
              (2) The volume of products made with forced labor,
            destined for the United States market, that is in
            violation of section 307 of the Tariff Act of 1930 or
            section 1761 of title 18, United States Code, and is
            seized by the United States Customs Service.
              (3) The progress of the United States Customs Service
            in identifying and interdicting products made with
            forced labor that are destined for the United States
            market.

    SEC. 3703. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.

        It is the sense of Congress that the President should
    determine whether any country with which the United States has
    a memorandum of understanding with respect to reciprocal trade
    which involves goods made with forced labor is frustrating
    implementation of the memorandum. Should an affirmative
    determination be made, the President should immediately
    commence negotiations to replace the current memorandum of
    understanding with one providing for effective procedures for
    the monitoring of forced labor, including improved procedures
    to request investigations by international monitors of
    worksites suspected to be in violation of any such memorandum.
              * * * * * * *

                       TITLE XXXIX--RADIO FREE ASIA \22\

              * * * * * * *
    ---------------------------------------------------------------------------
        \22\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. E.
           n. National Defense Authorization Act for Fiscal Year 1998

    Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved
       November 18, 1997; amended by Public Law 105-261 [Strom Thurmond
     National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
    112 Stat. 1920, approved October 17, 1998; Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
      512, approved October 5, 1999; Public Law 106-398 [Floyd D. Spence
     National Defense Authorization Act for Fiscal Year 2001; H.R. 4205],
    114 Stat. 1654, approved October 30, 2000; Public Law 108-136 [National
     Defense Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat.
                        1392, approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 1998 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

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

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

                               Note.--Sec. 1003 of Public Law 105-261 (112 Stat. 2112) provided the following:
                             ``sec. 1003. authorization of prior emergency supplemental appropriations for fiscal year 1998.
                               ``Amounts authorized to be appropriated to the Department of Defense for fiscal year 1998 in the
                             National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) are hereby adjusted, with
                             respect to any such authorized amount, by the amount by which appropriations pursuant to such
                             authorization were increased (by a supplemental appropriation) or decreased (by a rescission), or both,
                             in the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105-174).''.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1998''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services \1\ and the
            Committee on Appropriations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \1\ Sec. 1067(5) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1998 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
        * * *
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $47,130,000.
              (20) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $666,882,000.
        * * *
              (23) For Cooperative Threat Reduction programs,
            $382,200,000.
              (24) For Overseas Contingency Operations Transfer
            Fund, $1,253,900,000.
              * * * * * * *

                      Subtitle C--Environmental Provisions

              * * * * * * *

    SEC. 345. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE DEPARTMENT
                        OF DEFENSE OVERSEAS.

        Section 2706 of title 10, United States Code, is amended--*
    * *

    SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF THE PRESENCE
                        OF THE ARMED FORCES IN BERMUDA.

        Not later than 120 days after the date of enactment of this
    Act, the Secretary of Defense shall submit to the congressional
    defense committees a report on any remaining environmental
    effects of the presence of the Armed Forces of the United
    States in Bermuda.

    SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES ARMED FORCES
                        ABROAD FOR ENVIRONMENTAL PRESERVATION ACTIVITIES.

        (a) Sense of Congress.--It is the sense of Congress that
    members of the Army, Navy, Air Force, and Marine Corps should
    not be deployed outside the United States to provide assistance
    to another nation in connection with environmental preservation
    activities in that nation, unless the Secretary of Defense
    determines that such activities are necessary for national
    security purposes.
        (b) Scope of Section.--For purposes of this section,
    environmental preservation activities do not include any of the
    following:
              (1) Activities undertaken for humanitarian purposes,
            disaster relief activities, peacekeeping activities, or
            operational training activities.
              (2) Environmental compliance and restoration
            activities associated with military installations and
            deployments outside the United States.
              * * * * * * *

                           Subtitle F--Other Matters

              * * * * * * *

    SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN
                        ASSISTANCE.

        (a) Establishment and Operation of Center.--(1) Chapter 7
    of title 10, United States Code, is amended by adding at the
    end the following new section: * * * \2\
    ---------------------------------------------------------------------------
        \2\ See 10 U.S.C. 182.
    ---------------------------------------------------------------------------
        (b) Funding for Fiscal Year 1998.--Of the funds authorized
    to be appropriated pursuant to section 301(5) for operation and
    maintenance for Defense-wide activities, $5,000,000 shall be
    available for the operation of the Center for Excellence in
    Disaster Management and Humanitarian Assistance established
    under section 182 of title 10, United States Code, as added by
    subsection (a).
              * * * * * * *

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

              * * * * * * *

    SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL
                        CONTINGENCIES. * * * \3\
    ---------------------------------------------------------------------------

        \3\ See 10 U.S.C. 691.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
                        FOR FISCAL YEAR 1997.

        Amounts authorized to be appropriated to the Department of
    Defense for fiscal year 1997 in the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201) are
    hereby adjusted, with respect to any such authorized amount, by
    the amount by which appropriations pursuant to such
    authorization were increased (by a supplemental appropriation)
    or decreased (by a rescission), or both, in the 1997 Emergency
    Supplemental Appropriations Act for Recovery from Natural
    Disasters, and for Overseas Peacekeeping Efforts, Including
    Those in Bosnia (Public Law 105-18).
              * * * * * * *

    SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

        (a) Authority.--The Secretary of the Navy is authorized to
    transfer vessels to foreign countries on a sales basis under
    section 21 of the Arms Export Control Act (22 U.S.C. 2761) as
    follows:
              (1) To the Government of Brazil, the HUNLEY class
            submarine tender HOLLAND (AS 32).
              (2) To the Government of Chile, the KAISER class
            oiler ISHERWOOD (T-AO 191).
              (3) To the Government of Egypt:
                      (A) The following frigates of the KNOX class:
                              (i) The PAUL (FF 1080).
                              (ii) The MILLER (FF 1091).
                              (iii) The JESSE L. BROWN (FFT 1089).
                              (iv) The MOINESTER (FFT 1097).
                      (B) The following frigates of the OLIVER
                    HAZARD PERRY class:
                              (i) The FAHRION (FFG 22).
                              (ii) The LEWIS B. PULLER (FFG 23).
              (4) To the Government of Israel, the NEWPORT class
            tank landing ship PEORIA (LST 1183).
              (5) To the Government of Malaysia, the NEWPORT class
            tank landing ship BARBOUR COUNTY (LST 1195).
              (6) To the Government of Mexico, the KNOX class
            frigate ROARK (FF 1053).
              (7) To the Taipei Economic and Cultural
            Representative Office in the United States (the Taiwan
            instrumentality that is designated pursuant to section
            10(a) of the Taiwan Relations Act), the following
            frigates of the KNOX class:
                      (A) The WHIPPLE (FF 1062).
                      (B) The DOWNES (FF 1070).
              (8) To the Government of Thailand, the NEWPORT class
            tank landing ship SCHENECTADY (LST 1185).
        (b) Costs of Transfers.--Any expense incurred by the United
    States in connection with a transfer authorized by subsection
    (a) shall be charged to the recipient.
        (c) Repair and Refurbishment in United States Shipyards.--
    To the maximum extent practicable, the Secretary of the Navy
    shall require, as a condition of the transfer of a vessel under
    this section, that the country to which the vessel is
    transferred have such repair or refurbishment of the vessel as
    is needed, before the vessel joins the naval forces of that
    country, performed at a shipyard located in the United States,
    including a United States Navy shipyard.
        (d) Expiration of Authority.--The authority to transfer a
    vessel under subsection (a) shall expire at the end of the two-
    year period beginning on the date of the enactment of this Act.
              * * * * * * *

                      Subtitle C--Counter-Drug Activities

    SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND
                        COUNTER-DRUG ACTIVITIES. * * * \4\

    SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
                        ACTIVITIES OF MEXICO.

        (a) Extension of Authority; Consultation of Secretary of
    State.--Subsection (a) of section 1031 of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
    Stat. 2637), is amended--* * *
    ---------------------------------------------------------------------------
        \4\ Sec. 1031 amended 32 U.S.C. 112.
    ---------------------------------------------------------------------------
        (b) Extension of Availability of Funds.--Subsection (d) of
    such section is amended--* * *

    SEC. 1033. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
                        ACTIVITIES OF OTHER COUNTRIES.\5\

        (a) Authority To Provide Support.--(1) \6\ Subject to
    subsection (f),\7\ the Secretary of Defense may provide any \8\
    of the foreign governments named in subsection (b) with the
    support described in subsection (c) for the counter-drug
    activities of that government. In providing support to a
    government under this section, the Secretary of Defense shall
    consult with the Secretary of State.
    ---------------------------------------------------------------------------
        \5\ Sec. 1021(f)(2) of Public Law 108-136 (117 Stat. 1594) struck
    out ``peru and colombia'' and inserted in lieu thereof ``other
    countries''.
        \6\ Sec. 1021(a)(1) of Public Law 108-136 (117 Stat. 1593) inserted
    ``(1)'' before ``Subject to''.
        \7\ Sec. 1021(a)(1) of Public Law 106-398 (114 Stat. 1654A-625)
    struck out ``during fiscal years 1998 through 2002,'' at this point.
        \8\ Sec. 1021(a)(2) of Public Law 108-136 (117 Stat. 1593) struck
    out ``either or both'' and inserted in lieu thereof ``any''.
    ---------------------------------------------------------------------------
        (2) \9\ The authority to provide support to a government
    under this section expires September 30, 2006. The support
    provided under the authority of this section shall be in
    addition to support provided to the governments under any other
    provision of law.
    ---------------------------------------------------------------------------
        \9\ Sec. 1021(a)(3) of Public Law 108-136 (117 Stat. 1593) inserted
    para. (2) and its first sentence after the second sentence of para.
    (1). The second sentence in para. (2) was enacted in the original.
    ---------------------------------------------------------------------------
        (b) Governments Eligible To Receive Support.--The foreign
    governments eligible to receive counter-drug support under this
    section are as follows:
              (1) The Government of Peru.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1021(f)(1)(A) of Public Law 108-136 (117 Stat. 1594)
    struck out ``, for fiscal years 1998 through 2002''. Previously, sec.
    1021(a)(2)(A) of Public Law 106-398 (114 Stat. 1654A-626) inserted the
    same text.
    ---------------------------------------------------------------------------
              (2) The Government of Colombia.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 1021(f)(1)(B) of Public Law 108-136 (117 Stat. 1594)
    struck out ``, for fiscal years 1998 through 2006''. Previously, sec.
    1021(a)(2)(B) of Public Law 106-398 (114 Stat. 1654A-626) inserted the
    same text.
    ---------------------------------------------------------------------------
              (3) \12\ The Government of Afghanistan.
    ---------------------------------------------------------------------------
        \12\ Sec. 1021(b) of Public Law 108-136 (117 Stat. 1593) added
    paras. (3) through (9).
    ---------------------------------------------------------------------------
              (4) \12\ The Government of Bolivia.
              (5) \12\ The Government of Ecuador.
              (6) \12\ The Government of Pakistan.
              (7) \12\ The Government of Tajikistan.
              (8) \12\ The Government of Turkmenistan.
              (9) \12\ The Government of Uzbekistan.
        (c) Types of Support.--The authority under subsection (a)
    is limited to the provision of the following types of support
    to a government named in subsection (b):
              (1) The types of support specified in paragraphs (1),
            (2), and (3) of section 1031(b) of the National Defense
            Authorization Act for Fiscal Year 1997 (Public Law 104-
            201; 110 Stat. 2637).
              (2) The transfer of \13\ patrol boats.
    ---------------------------------------------------------------------------
        \13\ Sec. 1021(c)(1) of Public Law 108-136 (117 Stat. 1593) struck
    out ``riverine'' at this point.
    ---------------------------------------------------------------------------
              (3) The maintenance and repair or upgrade \14\ of
            equipment of the government that is used for counter-
            drug activities.
    ---------------------------------------------------------------------------
        \14\ Sec. 1021(c)(2) of Public Law 108-136 (117 Stat. 1593)
    inserted ``or upgrade'' after ``maintenance and repair''.
    ---------------------------------------------------------------------------
        (d) Applicability of Other Support Authorities.--Except as
    otherwise provided in this section, the provisions of section
    1004 of the National Defense Authorization Act for Fiscal Year
    1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to
    the provision of support under this section.
        (e) Fiscal Year 1998 Funding; Limitation on Obligations.--
    (1) Of the amount authorized to be appropriated under section
    301(20) for drug interdiction and counter-drug activities, an
    amount not to exceed $9,000,000 shall be available for the
    provision of support under this section.
        (2) Amounts made available to carry out this section shall
    remain available until expended, except that the total amount
    obligated and expended under this section may not exceed
    $20,000,000 during any of the fiscal years 1999 through 2003,
    or $40,000,000 during any of the fiscal years 2004 through
    2006.\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 1021(d) of Public Law 108-136 (117 Stat. 1594) struck out
    ``$20,000,000 during any of the fiscal years 1999 through 2006'' and
    inserted in lieu thereof ``$20,000,000 during any of the fiscal years
    1999 through 2003, or $40,000,000 during any of the fiscal years 2004
    through 2006''. Previously, sec. 1021(b) of Public Law 106-398 (114
    Stat. 1654A-626) struck out ``2002'' and inserted in lieu thereof
    ``2006''.
    ---------------------------------------------------------------------------
        (f) Condition on Provision of Support.--(1) The Secretary
    of Defense may not obligate or expend funds during a fiscal
    year to provide support under this section to a government
    named in subsection (b) until the end of the 15-day period
    beginning on the date on which the Secretary submits to the
    congressional committees the written certification described in
    subsection (g) for that fiscal year.
        (2) In the case of the first fiscal year in which support
    is to be provided under this section to a government named in
    subsection (b), the obligation or expenditure of funds under
    this section to provide support to that government shall also
    be subject to the condition that--
              (A) the Secretary submit to the congressional
            committees the \16\ counter-drug plan described in
            subsection (h); and
    ---------------------------------------------------------------------------
        \16\ Sec. 1021(e)(2) of Public Law 108-136 (117 Stat. 1594) struck
    out ``riverine'' at this point.
    ---------------------------------------------------------------------------
              (B) a period of 60 days expires after the date on
            which the report is submitted.
        (3) In the case of subsequent fiscal years in which support
    is to be provided under this section to a government named in
    subsection (b), the obligation or expenditure of funds under
    this section to provide support to that government shall also
    be subject to the condition that the Secretary submit to the
    congressional committees any revision of the counter-drug plan
    described in subsection (h) applicable to that government.
        (4) For purposes of this subsection, the term
    ``congressional committees'' means the following:
              (A) The Committee on Armed Services and the Committee
            on Foreign Relations of the Senate.
              (B) The Committee on Armed Services \17\ and the
            Committee on International Relations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \17\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
        (g) Required Certification.--The written certification
    required by subsection (f)(1) for a fiscal year is a
    certification of the following with respect to each government
    to receive support under this section:
              (1) That the provision of the support to the
            government will not adversely affect the military
            preparedness of the United States Armed Forces.
              (2) That the equipment and materiel provided as
            support will be used only by officials and employees of
            the government who have undergone background
            investigations by that government and have been
            approved by that government to perform counter-drug
            activities on the basis of the background
            investigations.
              (3) That the government has certified to the
            Secretary of Defense that--
                      (A) the equipment and materiel provided as
                    support will be used only by the officials and
                    employees referred to in paragraph (2);
                      (B) none of the equipment or materiel will be
                    transferred (by sale, gift, or otherwise) to
                    any person or entity not authorized by the
                    United States to receive the equipment or
                    materiel; and
                      (C) the equipment and materiel will be used
                    only for the purposes intended by the United
                    States Government.
              (4) That the government has implemented, to the
            satisfaction of the Secretary of Defense, a system that
            will provide an accounting and inventory of the
            equipment and materiel provided as support.
              (5) That the departments, agencies, and
            instrumentalities of the government will grant United
            States Government personnel access to any of the
            equipment or materiel provided as support, or to any of
            the records relating to such equipment or materiel,
            under terms and conditions similar to the terms and
            conditions imposed with respect to such access under
            section 505(a)(3) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2314(a)(3)).
              (6) That the government will provide security with
            respect to the equipment and materiel provided as
            support that is substantially the same degree of
            security that the United States Government would
            provide with respect to such equipment and materiel.
              (7) That the government will permit continuous
            observation and review by United States Government
            personnel of the use of the equipment and materiel
            provided as support under terms and conditions similar
            to the terms and conditions imposed with respect to
            such observation and review under section 505(a)(3) of
            the Foreign Assistance Act of 1961 (22 U.S.C.
            2314(a)(3)).
        (h) \18\ Counter-Drug Plan.--The Secretary of Defense, in
    consultation with the Secretary of State, shall prepare for
    fiscal year 2004 \19\ (and revise as necessary for subsequent
    fiscal years) a \20\ counter-drug plan involving the
    governments named in subsection (b) to which support will be
    provided under this section. The plan for a fiscal year shall
    include the following with respect to each government to
    receive support under this section:
    ---------------------------------------------------------------------------
        \18\ Sec. 1021(e)(1)(A) of Public Law 108-136 (117 Stat. 1594)
    struck out ``Riverine'' from subsec. (h) heading.
        \19\ Sec. 1021(e)(1)(B)(i) of Public Law 108-136 (117 Stat. 1594)
    struck out ``fiscal year 1998'' and inserted in lieu thereof ``fiscal
    year 2004''.
        \20\ Sec. 1021(e)(1)(B)(ii) of Public Law 108-136 (117 Stat. 1594)
    struck out ``riverine'' at this point.
    ---------------------------------------------------------------------------
              (1) A detailed security assessment, including a
            discussion of the threat posed by illicit drug
            traffickers in the foreign country.
              (2) An evaluation of previous and ongoing \21\
            counter-drug operations by the government.
    ---------------------------------------------------------------------------
        \21\ Sec. 1021(e)(1)(C) of Public Law 108-136 (117 Stat. 1594)
    struck out ``riverine'' at points in paras. (2), (7), (8), and (9).
    ---------------------------------------------------------------------------
              (3) An assessment of the monitoring of past and
            current assistance provided by the United States under
            this section to the government to ensure the
            appropriate use of such assistance.
              (4) A description of the centralized management and
            coordination among Federal agencies involved in the
            development and implementation of the plan.
              (5) A description of the roles and missions and
            coordination among agencies of the government involved
            in the development and implementation of the plan.
              (6) A description of the resources to be contributed
            by the Department of Defense and the Department of
            State for the fiscal year or years covered by the plan
            and the manner in which such resources will be utilized
            under the plan.
              (7) For the first fiscal year in which support is to
            be provided under this section, a schedule for
            establishing a \21\ counter-drug program that can be
            sustained by the government within five years, and for
            subsequent fiscal years, a description of the progress
            made in establishing and carrying out the program.
              (8) A reporting system to measure the effectiveness
            of the \21\ counter-drug program.
              (9) A detailed discussion of how the \21\ counter-
            drug program supports the national drug control
            strategy of the United States.

    SEC. 1034.\22\ ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT OF NARCOTICS
                        DETECTION TECHNOLOGIES.

        (a) Report Requirement.--Not later than December 1st of
    each year, the Director of the Office of National Drug Control
    Policy shall submit to Congress and the President a report on
    the development and deployment of narcotics detection
    technologies by Federal agencies. Each such report shall be
    prepared in consultation with the Secretary of Defense, the
    Secretary of State, the Secretary of Transportation, and the
    Secretary of the Treasury.
    ---------------------------------------------------------------------------
        \22\ 21 U.S.C. 1505a.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--Each report under subsection
    (a) shall include--
              (1) a description of each project implemented by a
            Federal agency relating to the development or
            deployment of narcotics detection technology;
              (2) the agency responsible for each project described
            in paragraph (1);
              (3) the amount of funds obligated or expended to
            carry out each project described in paragraph (1)
            during the fiscal year in which the report is submitted
            or during any fiscal year preceding the fiscal year in
            which the report is submitted;
              (4) the amount of funds estimated to be obligated or
            expended for each project described in paragraph (1)
            during any fiscal year after the fiscal year in which
            the report is submitted to Congress; and
              (5) a detailed timeline for implementation of each
            project described in paragraph (1).

           Subtitle D--Miscellaneous Report Requirements and Repeals

              * * * * * * *

    SEC. 1043. OVERSEAS INFRASTRUCTURE REQUIREMENTS.

        (a) Findings.--Congress makes the following findings:
              (1) United States military forces have been withdrawn
            from the Philippines.
              (2) United States military forces are to be withdrawn
            from Panama by 2000.
              (3) There continues to be local opposition to the
            continued presence of United States military forces in
            Okinawa.
              (4) The Quadrennial Defense Review lists ``the loss
            of U.S. access to critical facilities and lines of
            communication in key regions'' as one of the so-called
            ``wild card'' scenarios covered in the review.
              (5) The National Defense Panel states that ``U.S.
            forces' long-term access to forward bases, to include
            air bases, ports, and logistics facilities, cannot be
            assumed''.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President should develop alternatives to the
            current arrangement for forward basing of the Armed
            Forces outside the United States, including
            alternatives to the existing infrastructure for forward
            basing of forces and alternatives to the existing
            international agreements that provide for basing of
            United States forces in foreign countries; and
              (2) because the Pacific Rim continues to emerge as a
            region of significant economic and military importance
            to the United States, a continued presence of the Armed
            Forces in that region is vital to the capability of the
            United States to timely protect its interests in the
            region.
        (c) Report Required.--Not later than March 31, 1998, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on National Security
    of the House of Representatives a report on the overseas
    infrastructure requirements of the Armed Forces.
        (d) Content.--The report shall contain the following:
              (1) The quantity and types of forces that the United
            States must station in each region of the world in
            order to support the current national military strategy
            of the United States.
              (2) The quantity and types of forces that the United
            States will need to station in each region of the world
            in order to meet the expected or potential future
            threats to the national security interests of the
            United States.
              (3) The requirements for access to, and use of, air
            space and ground maneuver areas in each such region for
            training for the quantity and types of forces
            identified for the region pursuant to paragraphs (1)
            and (2).
              (4) A list of the international agreements, currently
            in force, that the United States has entered into with
            foreign countries regarding the basing of United States
            forces in those countries and the dates on which the
            agreements expire.
              (5) A discussion of any anticipated political
            opposition or other opposition to the renewal of any of
            those international agreements.
              (6) A discussion of future overseas basing
            requirements for United States forces, taking into
            account expected changes in national security strategy,
            national security environment, and weapons systems.
              (7) The expected costs of maintaining the overseas
            infrastructure for foreign based forces of the United
            States, including the costs of constructing any new
            facilities that will be necessary overseas to meet
            emerging requirements relating to the national security
            interests of the United States.
        (e) Form of Report.--The report may be submitted in a
    classified or unclassified form.
              * * * * * * *

                   Subtitle E--Matters Relating to Terrorism

    SEC. 1051.\23\ OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM
                        ACTIVITIES; REPORT.

        (a) Oversight of Counterterrorism and Antiterrorism
    Activities.--Not later than 120 days after the date of the
    enactment of this Act, the Director of the Office of Management
    and Budget shall--
    ---------------------------------------------------------------------------
        \23\ 31 U.S.C. 1113 note. See also 10 U.S.C. 229.
    ---------------------------------------------------------------------------
              (1) establish a reporting system for executive
            agencies with respect to the budget and expenditure of
            funds by such agencies for the purpose of carrying out
            counterterrorism and antiterrorism programs and
            activities; and
              (2) using such reporting system, collect information
            on--
                      (A) the budget and expenditure of funds by
                    executive agencies during the current fiscal
                    year for purposes of carrying out
                    counterterrorism and antiterrorism programs and
                    activities; and
                      (B) the specific programs and activities for
                    which such funds were expended.
        (b) \24\ Report.--Not later that March 1 of each year, the
    President shall submit to Congress a report in classified and
    unclassified form (using the information described in
    subsection (a)(2)) describing, for each executive agency and
    for the executive branch as a whole, the following:
    ---------------------------------------------------------------------------
        \24\ In a memorandum of March 5,1998 (63 F.R. 12377), the President
    delegated this reporting requirement to the Director of the Office of
    Management and Budget.
    ---------------------------------------------------------------------------
              (1) The amounts proposed to be expended for
            counterterrorism and antiterrorism programs and
            activities for the fiscal year beginning in the
            calendar year in which the report is submitted.
              (2) The amounts proposed to be expended for
            counterterrorism and antiterrorism programs and
            activities for the fiscal year in which the report is
            submitted and the amounts that have already been
            expended for such programs and activities for that
            fiscal year.
              (3) The specific counterterrorism and antiterrorism
            programs and activities being implemented, any
            priorities with respect to such programs and
            activities, and whether there has been any duplication
            of efforts in implementing such programs and
            activities.
        (c) \25\ Annex on Domestic Emergency Preparedness
    Program.--As part of the annual report submitted to Congress
    under subsection (b), the President shall include an annex
    which provides the following information on the domestic
    emergency preparedness program for response to terrorist
    incidents involving weapons of mass destruction (as established
    under section 1402 of the Defense Against Weapons of Mass
    Destruction Act of 1998):
    ---------------------------------------------------------------------------
        \25\ 50 U.S.C. 2301 note. Sec. 1403 of Public Law 105-261 (112
    Stat. 2168) added subsec. (c).
    ---------------------------------------------------------------------------
              (1) Information on program responsibilities for each
            participating Federal department, agency, and bureau.
              (2) A summary of program activities performed during
            the preceding fiscal year for each participating
            Federal department, agency, and bureau.
              (3) A summary of program obligations and expenditures
            during the preceding fiscal year for each participating
            Federal department, agency, and bureau.
              (4) A summary of the program plan and budget for the
            current fiscal year for each participating Federal
            department, agency, and bureau.
              (5) The program budget request for the following
            fiscal year for each participating Federal department,
            agency, and bureau.
              (6) Recommendations for improving Federal, State, and
            local domestic emergency preparedness to respond to
            incidents involving weapons of mass destruction that
            have been made by the advisory panel to assess the
            capabilities of domestic response to terrorism
            involving weapons of mass destruction (as established
            under section 1405 of the Defense Against Weapons of
            Mass Destruction Act of 1998), and actions taken as a
            result of such recommendations.
              (7) Additional program measures and legislative
            authority for which congressional action may be
            required.

    SEC. 1052.\26\ PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT FOR
                        ARMED FORCES PERSONNEL ENGAGED IN PEACE OPERATIONS;
                        REPORT ON ANTITERRORISM ACTIVITIES AND PROTECTION
                        OF PERSONNEL.

        (a) Protection of Personnel.--The Secretary of Defense
    shall take appropriate actions to ensure that units of the
    Armed Forces engaged in a peace operation are provided adequate
    troop protection equipment for that operation.
    ---------------------------------------------------------------------------
        \26\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Specific Actions.--In taking actions under subsection
    (a), the Secretary shall--
              (1) identify the additional troop protection
            equipment, if any, required to equip a division (or the
            equivalent of a division) with adequate troop
            protection equipment for peace operations; and
              (2) establish procedures to facilitate the exchange
            or transfer of troop protection equipment among units
            of the Armed Forces.
        (c) Designation of Responsible Official.--The Secretary of
    Defense shall designate an official within the Department of
    Defense to be responsible for--
              (1) ensuring the appropriate allocation of troop
            protection equipment among the units of the Armed
            Forces engaged in peace operations; and
              (2) monitoring the availability, status or condition,
            and location of such equipment.
        (d) Troop Protection Equipment Defined.--In this section,
    the term ``troop protection equipment'' means the equipment
    required by units of the Armed Forces to defend against any
    hostile threat that is likely during a peace operation,
    including an attack by a hostile crowd, small arms fire, mines,
    and a terrorist bombing attack.
        (e) Report on Antiterrorism Activities of the Department of
    Defense and Protection of Personnel.--Not later than 120 days
    after the date of the enactment of this Act, the Secretary of
    Defense shall submit to Congress a report, in classified and
    unclassified form, on antiterrorism activities of the
    Department of Defense and the actions taken by the Secretary
    under subsections (a), (b), and (c). The report shall include
    the following:
              (1) A description of the programs designed to carry
            out antiterrorism activities of the Department of
            Defense, any deficiencies in those programs, and any
            actions taken by the Secretary to improve
            implementation of such programs.
              (2) An assessment of the current policies and
            practices of the Department of Defense with respect to
            the protection of members of the Armed Forces overseas
            against terrorist attack, including any modifications
            to such policies or practices that are proposed or
            implemented as a result of the assessment.
              (3) An assessment of the procedures of the Department
            of Defense for determining accountability, if any, in
            the command structure of the Armed Forces in instances
            in which a terrorist attack results in the loss of life
            at an overseas military installation or facility.
              (4) A detailed description of the roles of the Office
            of the Secretary of Defense, the Chairman of the Joint
            Chiefs of Staff, the Secretaries of the military
            departments, and the combatant commanders in providing
            guidance and support with respect to the protection of
            members of the Armed Forces deployed overseas against
            terrorist attack (both before and after the November
            1995 bombing in Riyadh, Saudi Arabia) and how these
            roles have changed since the June 25, 1996, terrorist
            bombing at Khobar Towers in Dhahran, Saudi Arabia.
              (5) A description of the actions taken by the
            Secretary of Defense under subsections (a), (b), and
            (c) to provide adequate troop protection equipment for
            units of the Armed Forces engaged in a peace operation.
              * * * * * * *

                Subtitle F--Matters Relating to Defense Property

              * * * * * * *

    SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING DISPOSAL OF
                        ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE
                        IN CENTRAL EUROPE.

        (a) General Authorities.--The Secretary of Defense,
    pursuant to an amendment or amendments to the European air
    defense agreements, may dispose of any defense articles owned
    by the United States and acquired to carry out such agreements
    by providing such articles to the Federal Republic of Germany.
    In carrying out such disposal, the Secretary--
              (1) may provide without monetary charge to the
            Federal Republic of Germany articles specified in the
            agreements; and
              (2) may accept from the Federal Republic of Germany
            (in exchange for the articles provided under paragraph
            (1)) articles, services, or any other consideration, as
            determined appropriate by the Secretary.
        (b) Definition of European Air Defense Agreements.--For the
    purposes of this section, the term ``European air defense
    agreements'' means--
              (1) the agreement entitled ``Agreement between the
            Secretary of Defense of the United States of America
            and the Minister of Defense of the Federal Republic of
            Germany on Cooperative Measures for Enhancing Air
            Defense for Central Europe'', signed on December 6,
            1983; and
              (2) the agreement entitled ``Agreement between the
            Secretary of Defense of the United States of America
            and the Minister of Defense of the Federal Republic of
            Germany in implementation of the 6 December 1983
            Agreement on Cooperative Measures for Enhancing Air
            Defense for Central Europe'', signed on July 12, 1984.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

        Subtitle A--United States Armed Forces in Bosnia and Herzegovina

    Sec. 1201. Findings.
    Sec. 1202. Sense of Congress.
    Sec. 1203. Withdrawal of United States ground forces from Republic of
              Bosnia and Herzegovina.
    Sec. 1204. Secretary of Defense reports on tasks carried out by United
              States forces.
    Sec. 1205. Presidential report on situation in Republic of Bosnia and
              Herzegovina.
    Sec. 1206. Definitions.

            Subtitle B--Export Controls on High Performance Computers

    Sec. 1211. Export approvals for high performance computers.
    Sec. 1212. Report on exports of high performance computers.
    Sec. 1213. Post-shipment verification of export of high performance
              computers.
    Sec. 1214. GAO study on certain computers; end user information
              assistance.
    Sec. 1215. Congressional committees.

                            Subtitle C--Other Matters

    Sec. 1221. Defense burdensharing.
    Sec. 1222. Temporary use of general purpose vehicles and nonlethal
              military equipment under acquisition and cross servicing
              agreements.
    Sec. 1223. Sense of Congress and reports regarding financial costs of
              enlargement of the North Atlantic Treaty Organization.
    Sec. 1224. Sense of Congress regarding enlargement of the North Atlantic
              Treaty Organization.
    Sec. 1225. Sense of the Congress relating to level of United States
              military personnel in the East Asia and Pacific region.
    Sec. 1226. Report on future military capabilities and strategy of the
              People's Republic of China.
    Sec. 1227. Sense of Congress on need for Russian openness on the
              Yamantau Mountain project.
    Sec. 1228. Assessment of the Cuban threat to United States national
              security.
    Sec. 1229. Report on Helsinki Joint Statement.
    Sec. 1230. Commendation of Mexico on free and fair elections.
    Sec. 1231. Sense of Congress regarding Cambodia.
    Sec. 1232. Congratulating Governor Christopher Patten of Hong Kong.

        Subtitle A--United States Armed Forces in Bosnia and Herzegovina

    SEC. 1201. FINDINGS.

        The Congress finds the following:
              (1) United States Armed Forces were deployed to the
            Republic of Bosnia and Herzegovina as part of the North
            Atlantic Treaty Organization (NATO) Implementation
            Force (IFOR) to implement the military aspects of the
            Dayton Peace Agreement.
              (2) The military aspects of the Dayton Peace
            Agreement have been successfully implemented to date
            with the military forces of the warring factions
            successfully separated and a cessation in the
            hostilities that resulted in the deaths of hundreds of
            thousands of Bosnians.
              (3) Implementation of the civil aspects of the Dayton
            Peace Agreement has lagged far behind the schedule for
            such implementation envisioned in the Agreement with
            the result that United States Armed Forces have
            undertaken a prolonged engagement in the Republic of
            Bosnia and Herzegovina.
              (4) On December 13, 1995, the President stated in a
            letter to Congress, ``NATO and U.S. military commanders
            believe, and I expect, that the military mission can be
            accomplished in about a year. Twelve months will allow
            IFOR time to complete the military tasks assigned in
            the Dayton agreement and to establish a secure
            environment, in which political and economic
            reconstruction efforts by the parties and international
            civilian agencies can take hold. Within one year, we
            expect that the military provisions of the Dayton
            agreement will have been carried out, implementation of
            the civilian aspects and economic reconstruction will
            have been firmly launched, free elections will have
            been held under international supervision and a stable
            military balance will have been established.''
              (5) Notwithstanding a number of assurances relating
            to the accomplishment of the military mission in the
            Republic of Bosnia and Herzegovina by December 1996,
            the President, on November 15, 1996, announced his
            decision to extend the presence of United States forces
            in the Republic of Bosnia and Herzegovina to
            participate in the NATO Stabilization Force (SFOR)
            until June 1998.
              (6) Despite initial projections by the Department of
            Defense that the costs of United States operations in
            the Republic of Bosnia and Herzegovina would total
            $1,500,000,000, the projected cost of United States
            operations in the Republic of Bosnia and Herzegovina
            through June 1998 is estimated to exceed
            $7,000,000,000.
              (7) The fiscal year 1998 estimate of the Department
            of Defense for operations in the Republic of Bosnia and
            Herzegovina assumes that the level of military forces
            participating in SFOR will be reduced soon after the
            start of the fiscal year.
              (8) The President and the Secretary of Defense have
            stated that United States forces are to be withdrawn
            from the Republic of Bosnia and Herzegovina by the end
            of June 1998.

    SEC. 1202. SENSE OF CONGRESS.

        It is the sense of Congress that--
              (1) United States ground combat forces should not
            participate in a follow-on force in the Republic of
            Bosnia and Herzegovina after June 1998;
              (2) the European Security and Defense Identity,
            which, as facilitated by the Combined Joint Task Forces
            concept, enables the Western European Union, with the
            consent of the North Atlantic Alliance, to assume
            political control and strategic direction of NATO
            assets made available for the Alliance, may be an ideal
            instrument for a follow-on force for the Republic of
            Bosnia and Herzegovina;
              (3) a NATO-led force without the participation of
            United States ground combat forces in the Republic of
            Bosnia and Herzegovina may be suitable for a follow-on
            force for the Republic of Bosnia and Herzegovina if the
            European Security and Defense Identity is not
            sufficiently developed or is otherwise considered
            inappropriate for such a mission;
              (4) the United States may decide to provide
            appropriate support to a Western European Union-led or
            NATO-led follow-on force, including command and
            control, intelligence, logistics, and, if necessary, a
            ready reserve force in the region;
              (5) the President should inform our European NATO
            allies of this expression of the sense of Congress and
            should urge them strongly to undertake preparations for
            a Western European Union-led or NATO-led force as a
            follow-on force to the NATO-led SFOR if needed to
            maintain peace and stability in the Republic of Bosnia
            and Herzegovina; and
              (6) the President should consult with the Congress
            with respect to any support to be provided to a Western
            European Union-led or NATO-led follow-on force in the
            Republic of Bosnia and Herzegovina after June 30, 1998.

    SEC. 1203.\27\ WITHDRAWAL OF UNITED STATES GROUND FORCES FROM REPUBLIC
                        OF BOSNIA AND HERZEGOVINA .

        (a) Limitation.--No funds appropriated or otherwise made
    available for the Department of Defense for fiscal year 1998 or
    any subsequent fiscal year may be used for the deployment of
    any United States ground combat forces in the Republic of
    Bosnia and Herzegovina after June 30, 1998, unless the
    President, not later than May 15, 1998, and after consultation
    with the bipartisan leadership of the two Houses of Congress,
    transmits to Congress a certification--
    ---------------------------------------------------------------------------
        \27\ 10 U.S.C. 114 note.
    ---------------------------------------------------------------------------
              (1) that the continued presence of United States
            ground combat forces, after June 30, 1998, in the
            Republic of Bosnia and Herzegovina is required in order
            to meet the national security interests of the United
            States; and
              (2) that after June 30, 1998, it will remain United
            States policy that United States ground forces will not
            serve as, or be used as, civil police in the Republic
            of Bosnia and Herzegovina.
        (b) Report.--The President shall submit with the
    certification under subsection (a) a report that includes the
    following:
              (1) The reasons why that presence is in the national
            security interest of the United States.
              (2) The number of United States military personnel to
            be deployed in and around the Republic of Bosnia and
            Herzegovina and other areas of the former Yugoslavia
            after that date.
              (3) The expected duration of any such deployment.
              (4) The mission and objectives of the United States
            Armed Forces to be deployed in and around the Republic
            of Bosnia and Herzegovina and other areas of the former
            Yugoslavia after June 30, 1998.
              (5) The exit strategy of such forces.
              (6) The incremental costs associated with any such
            deployment.
              (7) The effect of such deployment on the morale,
            retention, and effectiveness of United States armed
            forces.
              (8) A description of the forces from other nations
            involved in a follow-on mission, shown on a nation-by-
            nation basis.
              (9) A description of the command and control
            arrangement established for United States forces
            involved in a follow-on mission.
              (10) An assessment of the expected threats to United
            States forces involved in a follow-on mission.
              (11) The plan for rotating units and personnel to and
            from the Republic of Bosnia and Herzegovina during a
            follow-on mission, including the level of participation
            by reserve component units and personnel.
              (12) The mission statement and operational goals of
            the United States forces involved in a follow-on
            mission.
        (c) Request for Supplemental Appropriations.--The President
    shall transmit to Congress with a certification under
    subsection (a) a supplemental appropriations request for the
    Department of Defense for such amounts as are necessary for the
    costs of any continued deployment beyond June 30, 1998.
        (d) Construction With President's Constitutional
    Authority.--Nothing in this section shall be deemed to restrict
    the authority of the President under the Constitution to
    protect the lives of United States citizens.
        (e) Construction With Appropriations Provision.--The
    provisions of this section are enacted, and shall be applied,
    as supplemental to (and not in lieu of) the provisions of
    section 8132 of the Department of Defense Appropriations Act,
    1998 (Public Law 105-56).

    SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED OUT BY UNITED
                        STATES FORCES.

        (a) Requirement for Two Reports.--The Secretary of Defense
    shall submit to the congressional defense committees--
              (1) not later than December 15, 1997, a report
            identifying each activity being carried out, as of
            December 1, 1997, by covered United States forces in
            the Republic of Bosnia and Herzegovina; and
              (2) not later than April 15, 1998, a report
            identifying each activity being carried out, as of
            April 1, 1998, by covered United States forces in the
            Republic of Bosnia and Herzegovina.
        (b) Covered United States Forces.--For purposes of this
    section, covered United States forces in the Republic of Bosnia
    and Herzegovina are United States ground forces in the Republic
    of Bosnia and Herzegovina that are assigned to the
    multinational peacekeeping force known as the Stabilization
    Force (SFOR) or any other multinational peacekeeping force that
    is the successor to the SFOR.
        (c) Matters To Be Included.--The Secretary shall include in
    each report under subsection (a), for each activity identified
    under that subsection, the following:
              (1) The number of United States military personnel
            involved in the performance of that activity.
              (2) Whether forces assigned to the SFOR (or successor
            multinational peacekeeping force) from other nations
            also participated in that activity.
              (3) The justification for using military forces
            rather than civilian organizations to perform that
            activity.
              (4) In the case of activities that (as determined by
            the Secretary) are considered to be supporting tasks,
            as that term is used in paragraph 3 of Article VI of
            Annex 1-A to the General Framework Agreement for Peace
            in Bosnia and Herzegovina, the justification for using
            military forces.
              (5) The likelihood that each such activity will have
            to be carried out by United States military forces
            after June 30, 1998.

    SEC. 1205. PRESIDENTIAL REPORT ON SITUATION IN REPUBLIC OF BOSNIA AND
                        HERZEGOVINA.

        (a) Requirement.--Not later than February 1, 1998, the
    President shall submit to Congress a report on the political
    and military conditions in the Republic of Bosnia and
    Herzegovina. The report shall be submitted in both classified
    and unclassified form.
        (b) Matters To Be Included.--The report under subsection
    (a) shall include a discussion of the following:
              (1) An assessment of the progress made in
            implementing the civil, economic, and political aspects
            of the Dayton Peace Agreement.
              (2) An identification of the specific steps taken to
            transfer the United States portion of the peacekeeping
            mission in the Republic of Bosnia and Herzegovina to
            forces of the member-states of the Western European
            Union or to a NATO-led force without the participation
            of United States ground combat forces in the Republic
            of Bosnia and Herzegovina.
              (3) A detailed discussion of the proposed role and
            involvement of the United States in supporting
            peacekeeping activities in the Republic of Bosnia and
            Herzegovina following the withdrawal of United States
            ground combat forces from the Republic of Bosnia and
            Herzegovina.
              (4) A detailed explanation and timetable for carrying
            out the commitment to withdraw all United States ground
            forces from the Republic of Bosnia and Herzegovina by
            June 30, 1998, including the planned date of
            commencement and completion of the withdrawal.
              (5) The military and political considerations that
            will affect the decision to carry out such a
            transition.
              (6) Any plan to maintain or expand other Bosnia-
            related operations (such as the operations designated
            as Operation Deliberate Guard) if tensions in the
            Republic of Bosnia and Herzegovina remain sufficient to
            delay reductions of United States military forces
            participating in the Stabilization Force and the
            estimated cost associated with each such operation.

    SEC. 1206.\28\ DEFINITIONS.

        As used in this subtitle:
    ---------------------------------------------------------------------------
        \28\ 10 U.S.C. 114 note.
    ---------------------------------------------------------------------------
              (1) Dayton peace agreement.--The term ``Dayton Peace
            Agreement'' means the General Framework Agreement for
            Peace in Bosnia and Herzegovina, initialed by the
            parties in Dayton, Ohio, on November 21, 1995, and
            signed in Paris on December 14, 1995.
              (2) Implementation force.--The term ``Implementation
            Force'' means the NATO-led multinational military force
            in the Republic of Bosnia and Herzegovina (commonly
            referred to as ``IFOR''), authorized under the Dayton
            Peace Agreement.
              (3) Stabilization force.--The term ``Stabilization
            Force'' means the NATO-led follow-on force to the
            Implementation Force in the Republic of Bosnia and
            Herzegovina and other countries in the region (commonly
            referred to as ``SFOR''), authorized under United
            Nations Security Council Resolution 1088 (December 12,
            1996).
              (4) Follow-on mission.--The term ``follow-on
            mission'' means a mission involving the deployment of
            ground elements of the United States Armed Forces in
            the Republic of Bosnia and Herzegovina after June 30,
            1998 (other than as described in section 1203(b)).
              (5) NATO.--The term ``NATO'' means the North Atlantic
            Treaty Organization.

         Subtitle B--Export Controls on High Performance Computers \29\

    SEC. 1211.\30\ EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.

        (a) Prior Approval of Exports and Reexports.--The President
    shall require that no digital computer with a composite
    theoretical performance level of more than 2,000 millions of
    theoretical operations per second (MTOPS) or with such other
    composite theoretical performance level as may be established
    subsequently by the President under subsection (d), may be
    exported or reexported without a license to a country specified
    in subsection (b) if the Secretary of Commerce, the Secretary
    of Defense, the Secretary of Energy, the Secretary of State, or
    the Director of the Arms Control and Disarmament Agency
    objects, in writing, to such export or reexport. Any person
    proposing to export or reexport such a digital computer shall
    so notify the Secretary of Commerce, who, within 24 hours after
    receiving the notification, shall transmit the notification to
    the Secretary of Defense, the Secretary of Energy, the
    Secretary of State, and the Director of the Arms Control and
    Disarmament Agency.
    ---------------------------------------------------------------------------
        \29\ 50 U.S.C. app. 2404 note.
        \30\ In Public Notice 2747 of February 6, 1998 (63 F.R. 10055), the
    Secretary of State delegated her authority under this section to the
    Under Secretary of State for Arms Control and International Security
    Affairs.
    ---------------------------------------------------------------------------
        (b) Covered Countries.--For purposes of subsection (a), the
    countries specified in this subsection are the countries listed
    as ``Computer Tier 3'' eligible countries in section 740.7(d)
    of title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997, subject to modification by the President under
    subsection (e).
        (c) Time Limit.--Written objections under subsection (a) to
    an export or reexport shall be raised within 10 days after the
    notification is received under subsection (a). If such a
    written objection to the export or reexport of a computer is
    raised, the computer may be exported or reexported only
    pursuant to a license issued by the Secretary of Commerce under
    the Export Administration Regulations of the Department of
    Commerce, without regard to the licensing exceptions otherwise
    authorized under section 740.7 of title 15 of the Code of
    Federal Regulations, as in effect on June 10, 1997. If no
    objection is raised within the 10-day period, the export or
    reexport is authorized.
        (d) Adjustment of Composite Theoretical Performance.--The
    President, in consultation with the Secretary of Commerce, the
    Secretary of Defense, the Secretary of Energy, the Secretary of
    State, and the Director of the Arms Control and Disarmament
    Agency, may establish a new composite theoretical performance
    level for purposes of subsection (a). Such new level shall not
    take effect until 180 days after the President submits to the
    congressional committees designated in section 1215 a report
    setting forth the new composite theoretical performance level
    and the justification for such new level. Each report shall, at
    a minimum--
              (1) address the extent to which high performance
            computers of a composite theoretical level between the
            level established in subsection (a) or such level as
            has been previously adjusted pursuant to this section
            and the new level, are available from other countries;
              (2) address all potential uses of military
            significance to which high performance computers at the
            new level could be applied; and
              (3) assess the impact of such uses on the national
            security interests of the United States.
        (e) Adjustment of Covered Countries.--
              (1) In general.--The President, in consultation with
            the Secretary of Commerce, the Secretary of Defense,
            the Secretary of Energy, the Secretary of State, and
            the Director of the Arms Control and Disarmament
            Agency, may add a country to or remove a country from
            the list of covered countries in subsection (b), except
            that a country may be removed from the list only in
            accordance with paragraph (2).
              (2) Deletions from list of covered countries.--The
            removal of a country from the list of covered countries
            under subsection (b) shall not take effect until 120
            days after the President submits to the congressional
            committees designated in section 1215 a report setting
            forth the justification for the deletion.
              (3) Excluded countries.--A country may not be removed
            from the list of covered countries under subsection (b)
            if--
                      (A) the country is a ``nuclear-weapon state''
                    (as defined by Article IX of the Treaty on the
                    Non-Proliferation of Nuclear Weapons) and the
                    country is not a member of the North Atlantic
                    Treaty Organization; or
                      (B) the country is not a signatory of the
                    Treaty on the Non-Proliferation of Nuclear
                    Weapons and the country is listed on Annex 2 to
                    the Comprehensive Nuclear Test-Ban Treaty.
        (f) Classification.--Each report under subsections (d) and
    (e) shall be submitted in an unclassified form and may, if
    necessary, have a classified supplement.
        (g) \31\ Delegation of Objection Authority Within the
    Department of Defense.--For the purposes of the Department of
    Defense, the authority to issue an objection referred to in
    subsection (a) shall be executed for the Secretary of Defense
    by an official at the Assistant Secretary level within the
    office of the Under Secretary of Defense for Policy. In
    implementing subsection (a), the Secretary of Defense shall
    ensure that Department of Defense procedures maximize the
    ability of the Department of Defense to be able to issue an
    objection within the 10-day period specified in subsection (c).
    ---------------------------------------------------------------------------
        \31\ Added by sec. 1524 of Public Law 105-261 (112 Stat. 2180).
    ---------------------------------------------------------------------------

    SEC. 1212.\32\ REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.

        (a) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall provide to the
    congressional committees specified in section 1215 a report
    identifying all exports of digital computers with a composite
    theoretical performance of more than 2,000 millions of
    theoretical operations per second (MTOPS) to all countries
    since January 25, 1996. For each export, the report shall
    identify--
    ---------------------------------------------------------------------------
        \32\ The President delegated the authority in this section to the
    Secretary of Commerce in a memorandum of December 19, 1997 (62 F.R.
    67547).
    ---------------------------------------------------------------------------
              (1) whether an export license was applied for and
            whether one was granted;
              (2) the date of the transfer of the computer;
              (3) the United States manufacturer and exporter of
            the computer;
              (4) the MTOPS level of the computer; and
              (5) the recipient country and end user.
        (b) Additional Information on Exports to Certain
    Countries.--In the case of exports to countries specified in
    subsection (c), the report under subsection (a) shall identify
    the intended end use for the exported computer and the
    assessment by the executive branch of whether the end user is a
    military end user or an end user involved in activities
    relating to nuclear, chemical, or biological weapons or missile
    technology. Information provided under this subsection may be
    submitted in classified form if necessary.
        (c) Covered Countries.--For purposes of subsection (b), the
    countries specified in this subsection are--
              (1) the countries listed as ``Computer Tier 3''
            eligible countries in section 740.7(d) of title 15 of
            the Code of Federal Regulations, as in effect on June
            10, 1997; and
              (2) the countries listed in section 740.7(e) of title
            15 of the Code of Federal Regulations, as in effect on
            June 10, 1997.

    SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE
                        COMPUTERS.

        (a) Required Post-Shipment Verification.--The Secretary of
    Commerce shall conduct post-shipment verification of each
    digital computer with a composite theoretical performance of
    more than 2,000 millions of theoretical operations per second
    (MTOPS) that is exported from the United States, on or after
    the date of the enactment of this Act, to a country specified
    in subsection (b).
        (b) Covered Countries.--For purposes of subsection (a), the
    countries specified in this subsection are the countries listed
    as ``Computer Tier 3'' eligible countries in section 740.7 of
    title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997, subject to modification by the President under
    section 1211(e).
        (c) Annual Report.--The Secretary of Commerce shall submit
    to the congressional committees specified in section 1215 an
    annual report on the results of post-shipment verifications
    conducted under this section during the preceding year. Each
    such report shall include a list of all such items exported
    from the United States to such countries during the previous
    year and, with respect to each such export, the following:
              (1) The destination country.
              (2) The date of export.
              (3) The intended end use and intended end user.
              (4) The results of the post-shipment verification.
        (d) Explanation When Verification Not Conducted.--If a
    post-shipment verification has not been conducted in accordance
    with subsection (a) with respect to any such export during the
    period covered by a report, the Secretary shall include in the
    report for that period a detailed explanation of the reasons
    why such a post-shipment verification was not conducted.
        (e) \33\ Adjustment of Performance Levels.--Whenever a new
    composite theoretical performance level is established under
    section 1211(d), that level shall apply for purposes of
    subsection (a) of this section in lieu of the level set forth
    in subsection (a).
    ---------------------------------------------------------------------------
        \33\ Sec. 1407(c) of Public Law 106-65 (113 Stat. 801) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION
                        ASSISTANCE.

        (a) In General.--The Comptroller General of the United
    States shall submit to the congressional committees specified
    in section 1215 a study of the national security risks relating
    to the sale of computers with a composite theoretical
    performance of between 2,000 and 7,000 millions of theoretical
    operations per second (MTOPS) to end users in countries
    specified in subsection (c). The study shall also analyze any
    foreign availability of computers described in the preceding
    sentence and the impact of such sales on United States
    exporters.
        (b) End User Information Assistance to Exporters.--The
    Secretary of Commerce shall establish a procedure by which
    exporters may seek information on questionable end users in
    countries specified in subsection (c) who are seeking to obtain
    computers described in subsection (a).
        (c) Covered Countries.--For purposes of subsections (a) and
    (b), the countries specified in this subsection are the
    countries listed as ``Computer Tier 3'' eligible countries in
    section 740.7(d) of title 15 of the Code of Federal
    Regulations, as in effect on June 10, 1997.

    SEC. 1215. CONGRESSIONAL COMMITTEES.

        For purposes of sections 1211(d), 1212(a), 1213(c), and
    1214(a) the congressional committees specified in those
    sections are the following:
              (1) The Committee on Banking, Housing, and Urban
            Affairs and the Committee on Armed Services of the
            Senate.
              (2) The Committee on International Relations and the
            Committee on Armed Services \34\ of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \34\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

                           Subtitle C--Other Matters

    SEC. 1221.\35\ DEFENSE BURDENSHARING.

        (a) Efforts To Increase Allied Burdensharing.--The
    President shall seek to have each nation that has cooperative
    military relations with the United States (including security
    agreements, basing arrangements, or mutual participation in
    multinational military organizations or operations) take one or
    more of the following actions:
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) For any nation in which United States military
            personnel are assigned to permanent duty ashore,
            increase its financial contributions to the payment of
            the nonpersonnel costs incurred by the United States
            Government for stationing United States military
            personnel in that nation, with a goal of achieving by
            September 30, 2000, 75 percent of such costs. An
            increase in financial contributions by any nation under
            this paragraph may include the elimination of taxes,
            fees, or other charges levied on United States military
            personnel, equipment, or facilities stationed in that
            nation.
              (2) Increase its annual budgetary outlays for
            national defense as a percentage of its gross domestic
            product by 10 percent or at least to a level
            commensurate to that of the United States by September
            30, 1999.\36\
    ---------------------------------------------------------------------------
        \36\ Sec. 1233(a)(1) of Public Law 105-261 (112 Stat. 2156) struck
    out ``September 30, 1998'' and inserted in lieu thereof ``September 30,
    1999''.
    ---------------------------------------------------------------------------
              (3) Increase its annual budgetary outlays for foreign
            assistance (to promote democratization, governmental
            accountability and transparency, economic stabilization
            and development, defense economic conversion, respect
            for the rule of law and internationally recognized
            human rights, and humanitarian relief efforts) \37\ by
            10 percent or to provide such foreign assistance at an
            annual rate that is not less than one percent of its
            gross domestic product, by September 30, 1999.\38\
    ---------------------------------------------------------------------------
        \37\ Sec. 1233(a)(2)(A) of Public Law 105-261 (112 Stat. 2156)
    struck out ``economic stabilization, transparency arrangements, defense
    economic conversion, respect for the rule of law, and internationally
    recognized human rights'' and inserted in lieu thereof ``governmental
    accountability and transparency, economic stabilization and
    development, defense economic conversion, respect for the rule of law
    and internationally recognized human rights, and humanitarian relief
    efforts)'' (resulting in a double close-parentheses, which was
    subsequently struck out by sec. 1087(e)(1) of Public Law 106-398; 114
    Stat. 1654A-723).
        \38\ Sec. 1233(a)(2)(B) of Public Law 105-261 (112 Stat. 2156)
    struck out ``at least to a level commensurate to that of the United
    States by September 30, 1998'' and inserted in lieu thereof ``to
    provide such foreign assistance at an annual rate that is not less than
    one percent of its gross domestic product, by September 30, 1999''.
    ---------------------------------------------------------------------------
              (4) Increase the \39\ military assets (including
            personnel, equipment, logistics, support and other
            resources) that it contributes or has pledged to
            contribute \40\ to multinational military activities
            worldwide by 10 percent by September 30, 1999.\41\
    ---------------------------------------------------------------------------
        \39\ Sec. 1233(a)(3)(A) of Public Law 105-261 (112 Stat. 2156)
    struck out ``amount of'' preceding ``military assets''.
        \40\ Sec. 1233(a)(3)(B) of Public Law 105-261 (112 Stat. 2156)
    struck out ``, or would be prepared to contribute,'' and inserted in
    lieu thereof ``or has pledged to contribute''.
        \41\ Sec. 1233(a)(3)(C) of Public Law 105-261 (112 Stat. 2156)
    inserted ``by 10 percent by September 30, 1999'' at the end of the
    para.
    ---------------------------------------------------------------------------
        (b) Authorities To Encourage Actions by United States
    Allies.--In seeking the actions described in subsection (a)
    with respect to any nation, or in response to a failure by any
    nation to undertake one or more of such actions, the President
    may take any of the following measures to the extent otherwise
    authorized by law:
              (1) Reduce the end strength level of members of the
            Armed Forces assigned to permanent duty ashore in that
            nation.
              (2) Impose on that nation fees or other charges
            similar to those that such nation imposes on United
            States forces stationed in that nation.
              (3) Reduce (through rescission, impoundment, or other
            appropriate procedures as authorized by law) the amount
            the United States contributes to the NATO Civil Budget,
            Military Budget, or Security Investment Program.
              (4) Suspend, modify, or terminate any bilateral
            security agreement the United States has with that
            nation, consistent with the terms of such agreement.
              (5) Reduce (through rescission, impoundment or other
            appropriate procedures as authorized by law) any United
            States bilateral assistance appropriated for that
            nation.
              (6) Take any other action the President determines to
            be appropriate as authorized by law.
        (c) Report on Progress in Increasing Allied
    Burdensharing.--Not later than March 1, 1999,\42\ the Secretary
    of Defense shall submit to Congress a report on--
    ---------------------------------------------------------------------------
        \42\ Sec. 1233(b)(1) of Public Law 105-261 (112 Stat. 2156) struck
    out ``March 1, 1998'' and inserted in lieu thereof ``March 1, 1999''.
    ---------------------------------------------------------------------------
              (1) steps taken by other nations to complete the
            actions described in subsection (a);
              (2) all measures taken by the President, including
            those authorized in subsection (b), to achieve the
            actions described in subsection (a);
              (3) the difference between the amount allocated by
            other nations for each of the actions described in
            subsection (a) during the period beginning on October
            1, 1996, and ending on September 30, 1997, and during
            the period beginning on October 1, 1997, and ending on
            September 30, 1998, or, in the case of any nation for
            which the data for such periods is inadequate, the
            difference between the amounts for the latest periods
            for which adequate data is available; \43\ and
    ---------------------------------------------------------------------------
        \43\ Sec. 1233(b)(2) of Public Law 105-261 (112 Stat. 2156) struck
    out ``March 1, 1996, and ending on February 28, 1997, and during the
    period beginning on March 1, 1997, and ending on February 28, 1998;''
    and inserted in lieu thereof ``October 1, 1996, and ending on September
    30, 1997, and during the period beginning on October 1, 1997, and
    ending on September 30, 1998, or, in the case of any nation for which
    the data for such periods is inadequate, the difference between the
    amounts for the latest periods for which adequate data is available;''.
    ---------------------------------------------------------------------------
              (4) the budgetary savings to the United States that
            are expected to accrue as a result of the steps
            described under paragraph (1).
        (d) Report on National Security Bases for Forward
    Deployment and Burdensharing Relationships.--(1) In order to
    ensure the best allocation of budgetary resources, the
    President shall undertake a review of the status of elements of
    the United States Armed Forces that are permanently stationed
    outside the United States. The review shall include an
    assessment of the following:
              (A) The alliance requirements that are to be found in
            agreements between the United States and other
            countries.
              (B) The national security interests that support
            permanently stationing elements of the United States
            Armed Forces outside the United States.
              (C) The stationing costs associated with the forward
            deployment of elements of the United States Armed
            Forces.
              (D) The alternatives available to forward deployment
            (such as material prepositioning, enhanced airlift and
            sealift, or joint training operations) to meet such
            alliance requirements or national security interests,
            with such alternatives identified and described in
            detail.
              (E) The costs and force structure configurations
            associated with such alternatives to forward
            deployment.
              (F) The financial contributions that allies of the
            United States make to common defense efforts (to
            promote democratization, economic stabilization,
            transparency arrangements, defense economic conversion,
            respect for the rule of law, and internationally
            recognized human rights).
              (G) The contributions that allies of the United
            States make to meeting the stationing costs associated
            with the forward deployment of elements of the United
            States Armed Forces.
              (H) The annual expenditures of the United States and
            its allies on national defense, and the relative
            percentages of each nation's gross domestic product
            constituted by those expenditures.
        (2) The President shall submit to Congress a report on the
    review under paragraph (1). The report shall be submitted not
    later than March 1, 1999,\44\ in classified and unclassified
    form.
    ---------------------------------------------------------------------------
        \44\ Sec. 1233(c) of Public Law 105-261 (112 Stat. 2156) struck out
    ``March 1, 1998'' and inserted in lieu thereof ``March 1, 1999''.
    ---------------------------------------------------------------------------

    SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND NONLETHAL
                        MILITARY EQUIPMENT UNDER ACQUISITION AND CROSS
                        SERVICING AGREEMENTS.

        Section 2350(1) of title 10, United States Code,\45\ is
    amended by striking out ``other items'' in the second sentence
    and all that follows through ``United States Munitions List''
    and inserting in lieu thereof ``other nonlethal items of
    military equipment which are not designated as significant
    military equipment on the United States Munitions List
    promulgated''.
    ---------------------------------------------------------------------------
        \45\ See 10 U.S.C. 2350.
    ---------------------------------------------------------------------------

    SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL COSTS OF
                        ENLARGEMENT OF THE NORTH ATLANTIC TREATY
                        ORGANIZATION.

        (a) Findings.--Congress finds the following:
              (1) In a report to Congress in February 1997 on the
            rationale, benefits, costs, and implications of North
            Atlantic Treaty Organization enlargement the Secretary
            of Defense estimated that the financial cost to the
            United States of such enlargement will be modest,
            totaling between $2,000,000,000 and $2,600,000,000 for
            the period from 1997 through 2009.
              (2) A study by the RAND Corporation published in 1996
            calculated that the total financial cost to the United
            States of such enlargement will be between
            $5,000,000,000 and $6,000,000,000 over the same period.
              (3) A March 1996 report by the Congressional Budget
            Office on the financial costs of enlarging the North
            Atlantic Treaty Organization alliance estimated the
            United States share of alliance enlargement costs to be
            between $4,800,000,000 and $18,900,000,000 through
            2010, depending upon political developments in Europe.
              (4) An August 1997 report by the General Accounting
            Office \46\ reviewing the financial cost estimates of
            the Secretary of Defense concluded that North Atlantic
            Treaty Organization enlargement could entail additional
            costs beyond those included in the Secretary's estimate
            and questioned the validity of the Secretary's estimate
            due to the lack of supporting cost documentation and
            the inclusion of cost elements not related to NATO
            enlargement.
    ---------------------------------------------------------------------------
        \46\ 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.''.
    ---------------------------------------------------------------------------
              (5) The North Atlantic Alliance is scheduled to
            complete its analysis of the military requirements for
            the integration of Poland, the Czech Republic, and
            Hungary into the Alliance in December 1997.
              (6) The North Atlantic Alliance is also scheduled to
            complete in December 1997 its financial cost estimate
            of the military requirements related to the integration
            of those nations.
        (b) Sense of Congress.--It is the sense of Congress that
    the analysis of the North Atlantic Alliance of the military
    requirements relating to NATO enlargement and of the financial
    costs to the Alliance of NATO enlargement will be one of the
    major factors in the consideration by the Senate of the
    ratification of instruments to approve the admission of new
    member nations to the Alliance and by Congress for the
    authorization and appropriation of the funding for the costs
    associated with such enlargement.
        (c) Report Assessing NATO Cost Analysis.--Not later than
    March 31, 1998, the Secretary of Defense shall submit to
    Congress a report providing--
              (1) an assessment of the analysis by the North
            Atlantic Alliance of the military requirements related
            to NATO enlargement and of the estimate of the
            financial costs to the NATO Alliance for the
            integration of Poland, the Czech Republic, and Hungary
            into the Alliance;
              (2) a description of the analytical means used to
            determine such requirements and costs; and
              (3) a general assessment of the additional military
            requirements and costs that would result from a
            significantly increased threat.
        (d) Report on Department of Defense Costs.--(1) The
    Secretary of Defense shall submit to Congress, in conjunction
    with the submission of the President's budget for fiscal year
    1999, a report on Department of Defense costs for NATO
    enlargement. The report shall include a detailed estimate of
    such costs for fiscal year 1998 that identifies all
    appropriations, by budget activity, for the military
    departments and other elements of the Department of Defense to
    support NATO enlargement.
        (2) The Secretary of Defense shall include in the budget
    justification materials submitted to Congress by the Secretary
    in support of the budget of Department of Defense for fiscal
    year 1999 complete and detailed descriptions and estimates of
    the amounts provided in that budget for the costs of NATO
    enlargement.

    SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE NORTH
                        ATLANTIC TREATY ORGANIZATION.

        (a) Findings.--Congress makes the following findings:
              (1) The North Atlantic Treaty Organization (NATO) met
            on July 8 and 9, 1997, in Madrid, Spain, and issued
            invitations to the Czech Republic, Hungary, and Poland
            to begin accession talks to join NATO.
              (2) Congress has expressed its support for the
            process of NATO enlargement by approving the NATO
            Enlargement Facilitation Act of 1996 (title VI of the
            matter enacted in section 101(c) of division A of
            Public Law 104-208; 22 U.S.C. 1928 note).
              (3) The United States has supported the position that
            the process of enlarging NATO will continue after the
            first round of invitations in July 1997.
              (4) Romania and Slovenia are to be commended for
            their progress toward political and economic reform and
            appear to be striving to meet the guidelines for
            prospective membership in NATO.
              (5) In furthering the purpose and objective of NATO
            in promoting stability and well-being in the North
            Atlantic area, NATO should invite Romania and Slovenia
            to accession negotiations to become NATO members as
            expeditiously as possible upon the satisfaction of all
            relevant membership criteria and consistent with NATO
            security objectives.
        (b) Sense of Congress.--It is the sense of Congress that
    North Atlantic Treaty Organization should be commended--
              (1) for having committed to review the process of
            enlarging the Organization in 1999; and
              (2) for singling out the positive developments toward
            democracy and rule of law in Romania and Slovenia.

    SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED STATES
                        MILITARY PERSONNEL IN THE EAST ASIA AND PACIFIC
                        REGION.

        (a) Findings.--Congress finds the following:
              (1) The stability of the Asia-Pacific region is a
            matter of vital national interest affecting the well-
            being of all Americans.
              (2) The nations of the Pacific Rim collectively
            represent the United States largest trading partner and
            are expected to account for almost one-third of the
            world's economic activity by the start of the next
            century.
              (3) The increased reliance by the United States on
            trade and Middle East oil sources has reinforced United
            States security interests in the Southeast Asia
            shipping lanes through the South China Sea and the key
            straits of Malacca, Sunda, Lombok, and Makassar.
              (4) The South China Sea is an important area for
            United States Navy ships passing from the Pacific to
            the Indian Ocean and the Persian Gulf.
              (5) Maintaining freedom of navigation in the South
            China Sea is an important interest of the United
            States.
              (6) The threats of proliferation of weapons of mass
            destruction, the emerging nationalism amidst long-
            standing ethnic and national rivalries, and the
            unresolved territorial disputes combine to create a
            political landscape of potential instability and
            conflict in this region that could jeopardize the
            interests of the United States and the safety of United
            States nationals.
              (7) A critical component of the East Asia strategy of
            the United States is maintaining forward deployed
            forces in Asia to ensure broad regional stability, to
            help to deter aggression, to lessen the pressure for
            arms races, and to contribute to the political and
            economic advances of the region from which the United
            States benefits.
              (8) The forward presence of the United States in
            Northeast Asia enables the United States to respond to
            regional contingencies, to protect sea lines of
            communication, to sustain influence, and to support
            operations as distant as operations in the Persian
            Gulf.
              (9) The military forces of the United States serve to
            prevent the political or economic control of the Asia-
            Pacific region by a rival, hostile power or coalition
            of such powers, thus preventing any such group from
            obtaining control over the vast resources, enormous
            wealth, and advanced technology of the region.
              (10) Allies of the United States in the region can
            base their defense planning on a reliable American
            security commitment, a reduction of which could
            stimulate an arms buildup in the region.
              (11) The Joint Announcement of the United States-
            Japan Security Consultative Committee of December 1996,
            acknowledged that ``the forward presence of U.S. forces
            continues to be an essential element for pursuing our
            common security objectives''.
              (12) The United States and Japan signed the United
            States-Japan Security Declaration in April 1996, in
            which the United States reaffirmed its commitment to
            maintain this level of 100,000 United States military
            personnel in the region.
              (13) The United States military presence is
            recognized by the nations of the region as serving
            stability and enabling United States engagement.
              (14) The nations of East Asia and the Pacific
            consider the commitment of the forces of the United
            States to be so vital to their future that they
            scrutinize actions of the United States for any sign of
            weakened commitment to the security of the region.
              (15) The reduction of forward-based military forces
            could negatively affect the ability of the United
            States to contribute to the maintenance of peace and
            stability of the Asia and Pacific region.
              (16) Recognizing that while the United States must
            consider the overall capabilities of its forces in its
            decisions to deploy troops, nevertheless any reduction
            in the number of forward-based troops may reduce the
            perception of American capability and commitment in the
            region that cannot be completely offset by
            modernization of the remaining forces.
              (17) During time of crisis, deployment of forces to
            East Asia, even though such forces were previously
            removed from the area, might be deemed to be an act of
            provocation that could be used as a pretext by a
            hostile power for armed aggression within the region,
            and the existence of that possibility might hinder such
            a deployment.
              (18) Proposals to reduce the forward presence of the
            United States in the East Asia region or subordinate
            security interests to United States domestic budgetary
            concerns can erode the perception of the commitment of
            the United States to its alliances and interests in the
            region.
        (b) Sense of Congress.--It is the sense of Congress that
    the United States should maintain at least approximately
    100,000 United States military personnel in the East Asia and
    Pacific region until such time as there is a peaceful and
    permanent resolution to the major security and political
    conflicts in the region.

    SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY OF THE
                        PEOPLE'S REPUBLIC OF CHINA.

        (a) Report.--The Secretary of Defense shall prepare a
    report, in both classified and unclassified form, on the
    pattern of military modernization of the People's Republic of
    China. The report shall address the probable course of
    military-technological development in the People's Liberation
    Army and the development of Chinese security strategy and
    military strategy, and of military organizations and
    operational concepts, through 2015.
        (b) Matters To Be Included.--The report shall include
    analyses and forecasts of the following:
              (1) The goals of Chinese security strategy and
            military strategy.
              (2) Trends in Chinese strategy regarding the
            political goals of the People's Republic of China in
            the Asia-Pacific region and its political and military
            presence in other regions of the world, including
            Central Asia, Southwest Asia, Europe, and Latin
            America.
              (3) Developments in Chinese military doctrine,
            focusing on (but not limited to) efforts to exploit an
            emerging Revolution in Military Affairs or to conduct
            preemptive strikes.
              (4) Efforts by the People's Republic of China to
            enhance its capabilities in the area of nuclear weapons
            development.
              (5) Efforts by the People's Republic of China to
            develop long-range air-to-air or air defense missiles
            that would provide the capability to target special
            support aircraft such as Airborne Warning and Control
            System (AWACS) aircraft, Joint Surveillance and Target
            Attack Radar System (JSTARS) aircraft, or other command
            and control, intelligence, airborne early warning, or
            electronic warfare aircraft.
              (6) Efforts by the People's Republic of China to
            develop a capability to conduct ``information warfare''
            at the strategic, operational, and tactical levels of
            war.
              (7) Development by the People's Republic of China of
            capabilities in the area of electronic warfare.
              (8) Efforts by the People's Republic of China to
            develop a capability to establish control of space or
            to deny access and use of military and commercial space
            systems in times of crisis or war, including programs
            to place weapons in space or to develop earth-based
            weapons capable of attacking space-based systems.
              (9) Trends that would lead the People's Republic of
            China toward the development of advanced intelligence,
            surveillance, and reconnaissance capabilities,
            including gaining access to commercial or third-party
            systems with military significance.
              (10) Efforts by the People's Republic of China to
            develop highly accurate and stealthy ballistic and
            cruise missiles, including sea-launched cruise
            missiles, particularly in numbers sufficient to conduct
            attacks capable of overwhelming projected defense
            capabilities in the Asia-Pacific region.
              (11) Development by the People's Republic of China of
            command and control networks, particularly those
            capable of battle management of long-range precision
            strikes.
              (12) Efforts by the People's Republic of China in the
            area of telecommunications, including common channel
            signaling and synchronous digital hierarchy
            technologies.
              (13) Development by People's Republic of China of
            advanced aerospace technologies with military
            applications (including gas turbine ``hot section''
            technologies).
              (14) Programs of the People's Republic of China
            involving unmanned aerial vehicles, particularly those
            with extended ranges or loitering times or potential
            strike capabilities.
              (15) Exploitation by the People's Republic of China
            for military purposes of the Global Positioning System
            or other similar systems (including commercial land
            surveillance satellites), with such analysis and
            forecasts focusing particularly on indications of an
            attempt to increase the accuracy of weapons or
            situational awareness of operating forces.
              (16) Development by the People's Republic of China of
            capabilities for denial of sea control, including such
            systems as advanced sea mines, improved submarine
            capabilities, or land-based sea-denial systems.
              (17) Efforts by the People's Republic of China to
            develop its anti-submarine warfare capabilities.
              (18) Continued development by the People's Republic
            of China of follow-on forces, particularly forces
            capable of rapid air or amphibious assault.
              (19) Efforts by the People's Republic of China to
            enhance its capabilities in such additional areas of
            strategic concern as the Secretary identifies.
        (c) Analysis of Implications of Sales of Products and
    Technologies to Entities in China.--The report under subsection
    (a) shall include, with respect to each area for analyses and
    forecasts specified in subsection (b)--
              (1) an assessment of the military effects of sales of
            United States and foreign products and technologies to
            entities in the People's Republic of China; and
              (2) the potential threat of developments related to
            such effects to United States strategic interests.
        (d) Submission of Report.--The report shall be submitted to
    Congress not later than March 15, 1998.

    SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON THE
                        YAMANTAU MOUNTAIN PROJECT.

        (a) Findings.--Congress finds as follows:
              (1) The United States and Russia have been working
            since the end of the Cold War to achieve a strategic
            relationship based on cooperation and openness between
            the two nations.
              (2) This effort to establish a new strategic
            relationship between the two nations has resulted in
            the conclusion or agreement in principle on a number of
            far-reaching agreements, including START I, II, and
            III, a revision in the Conventional Forces in Europe
            Treaty, and a series of other agreements (such as the
            Comprehensive Test Ban Treaty and the Chemical Weapons
            Convention), designed to further reduce bilateral
            threats and limit the proliferation of weapons of mass
            destruction.
              (3) These far-reaching agreements were based on the
            understanding between the United States and Russia that
            there would be a good faith effort on both sides to
            comply with the letter and spirit of the agreements.
              (4) Reports indicate that Russia has been pursuing
            construction of a massive underground facility of
            unknown purpose at Yamantau Mountain and the city of
            Mezhgorye (formerly the settlements of Beloretsk-15 and
            Beloretsk-16) that is designed to survive a nuclear war
            and appears to exceed reasonable defense requirements.
              (5) The Yamantau Mountain project does not appear to
            be consistent with the lowering of strategic threats,
            openness, and cooperation that is the basis of the
            post-Cold War strategic partnership between the United
            States and Russia.
              (6) The United States has allowed senior Russian
            military and government officials to have access to key
            strategic facilities of the United States by providing
            tours of the North American Air Defense (NORAD) command
            at Cheyenne Mountain and the United States Strategic
            Command (STRATCOM) headquarters in Omaha, Nebraska,
            among other sites, and by providing extensive briefings
            on the operations of those facilities.
        (b) Sense of Congress.--It is the sense of Congress that
    the Russian government--
              (1) should provide to the United States Government a
            written explanation with sufficient detail (including
            drawings and diagrams) of the purpose and operational
            concept of the completed and planned facilities at
            Yamantau Mountain to support a high confidence judgment
            by the United States that the design of the Yamantau
            facility is consistent with official Russian government
            explanations; and
              (2) should allow a United States delegation, to
            include officials of the executive branch and Members
            of Congress, to have access to the Yamantau Mountain
            project and buildings and facilities surrounding the
            project.

    SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES NATIONAL
                        SECURITY.

        (a) Findings.--Congress makes the following findings:
              (1) Cuba has maintained a hostile policy in its
            relations with the United States for over 35 years.
              (2) The United States, as a sovereign nation, must be
            able to respond to any Cuban provocation and defend the
            people and territory of the United States against any
            attack.
              (3) In 1994, the Government of Cuba callously
            encouraged a massive exodus of Cubans, by boat and
            raft, toward the United States during which countless
            numbers of those Cubans lost their lives on the high
            seas.
              (4) The humanitarian response of the United States to
            rescue, shelter, and provide emergency care to those
            Cubans, together with the actions taken to absorb some
            30,000 of those Cubans into the United States, required
            significant efforts and the expenditure of hundreds of
            millions of dollars for the costs incurred by the
            United States and State and local governments in
            connection with those efforts.
              (5) On February 24, 1996, Cuban MiG aircraft attacked
            and destroyed, in international airspace, two unarmed
            civilian aircraft flying from the United States, and
            the four persons in those unarmed civilian aircraft
            were killed.
              (6) Since that attack, the Cuban government has
            issued no apology for the attack, nor has it indicated
            any intention to conform its conduct to international
            law that is applicable to civilian aircraft operating
            in international airspace.
        (b) Review and Assessment.--The Secretary of Defense shall
    carry out a comprehensive review and assessment of--
              (1) Cuban military capabilities; and
              (2) the threats to the national security of the
            United States that may be posed by Cuba, including--
                      (A) such unconventional threats as (i)
                    encouragement of massive and dangerous
                    migration, and (ii) attacks on citizens and
                    residents of the United States while they are
                    engaged in peaceful protest in international
                    waters or airspace;
                      (B) the potential for development and
                    delivery of chemical or biological weapons; and
                      (C) the potential for internal strife in Cuba
                    that could involve citizens or residents of the
                    United States or the Armed Forces of the United
                    States.
        (c) Report.--Not later than March 31, 1998, the Secretary
    of Defense shall submit to the Committee on Armed Services of
    the Senate and the Committee on National Security of the House
    of Representatives a report on the review and assessment. The
    report shall include the following:
              (1) The Secretary's assessment of the capabilities
            and threats referred to in subsection (b), including
            each of the threats described in paragraph (2) of that
            subsection.
              (2) A discussion of the results of the review and
            assessment, including an assessment of the contingency
            plans developed by the Secretary to counter any threat
            posed by Cuba to the United States.
        (d) Consultation on Review and Assessment.--In performing
    the review and assessment and in preparing the report, the
    Secretary of Defense shall consult with the Chairman of the
    Joint Chiefs of Staff, the commander of the United States
    Southern Command, and the heads of other appropriate
    departments and agencies of the United States.

    SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT.

        (a) Requirement.--Not later than March 31, 1998, the
    President shall submit to the Committee on Armed Services of
    the Senate and the Committee on National Security of the House
    of Representatives a report on the Helsinki Joint Statement on
    future reductions in nuclear forces. The report shall address
    the United States approach (including verification
    implications) to implementing the Helsinki Joint Statement, in
    particular, as that Statement relates to the following:
              (1) Lower aggregate levels of strategic nuclear
            warheads.
              (2) Measures relating to the transparency of
            strategic nuclear warhead inventories and the
            destruction of strategic nuclear warheads.
              (3) Deactivation of strategic nuclear delivery
            vehicles.
              (4) Measures relating to nuclear long-range sea-
            launched cruise missiles and tactical nuclear systems.
              (5) Issues related to transparency in nuclear
            materials.
        (b) Definition.--For purposes of this section, the term
    ``Helsinki Joint Statement'' means the agreements between the
    President of the United States and the President of the Russian
    Federation as contained in the Joint Statement on Parameters on
    Future Reductions in Nuclear Forces issued at Helsinki in March
    1997.

    SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELECTIONS.

        (a) Findings.--Congress makes the following findings:
              (1) On July 6, 1997, elections were conducted in
            Mexico in order to fill 500 seats in the Chamber of
            Deputies, 32 seats in the 128 seat Senate, the office
            of the Mayor of Mexico City, and local elections in a
            number of Mexican States.
              (2) For the first time, the federal elections were
            organized by the Federal Electoral Institute, an
            autonomous and independent organization established
            under the Mexican Constitution.
              (3) More than 52,000,000 Mexican citizens registered
            to vote.
              (4) Eight political parties registered to participate
            in those elections, including the Institutional
            Revolutionary Party (PRI), the National Action Party
            (PAN), and the Democratic Revolutionary Party (PRD).
              (5) Since 1993, Mexican citizens have had the
            exclusive right to participate as observers in
            activities related to the preparation and the conduct
            of elections.
              (6) Since 1994, Mexican law has permitted
            international observers to be a part of the election
            process.
              (7) With 84 percent of the ballots counted, PRI
            candidates received 38 percent of the vote for seats in
            the Chamber of Deputies, while PRD and PAN candidates
            received 52 percent of the combined vote.
              (8) PRD candidate Cuauhtemoc Cardenas Solorzano has
            become the first elected Mayor of Mexico City, a post
            previously appointed by the President.
              (9) PAN members will now serve as governors in seven
            of Mexico's 31 States.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the recent elections in Mexico were conducted in
            a free, fair, and impartial manner;
              (2) the will of the Mexican people, as expressed
            through the ballot box, has been respected by President
            Ernesto Zedillo and officials throughout his
            administration; and
              (3) President Zedillo, the Mexican Government, the
            Federal Electoral Institute of Mexico, the political
            parties and candidates, and most importantly the
            citizens of Mexico should all be congratulated for
            their support and participation in these very historic
            elections.

    SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA.

        (a) Findings.--Congress makes the following findings:
              (1) During the 1970s and 1980s, Cambodia was wracked
            by political conflict, war, and violence, including
            genocide perpetrated by the Khmer Rouge from 1975 to
            1979.
              (2) The 1991 Paris Agreements on a Comprehensive
            Political Settlement of the Cambodia Conflict set the
            stage for a process of political accommodation and
            national reconciliation among Cambodia's warring
            parties.
              (3) The international community engaged in a massive
            effort involving more than $2,000,000,000 to ensure
            peace, democracy, and prosperity in Cambodia following
            the Paris Accords.
              (4) The Cambodian people clearly demonstrated their
            support for democracy when 90 percent of eligible
            Cambodian voters participated in United Nations-
            sponsored elections in 1993.
              (5) Since the 1993 elections, Cambodia has made
            economic progress, as shown by the recent decision of
            the Association of Southeast Asian Nations (ASEAN) to
            extend membership in the Association to Cambodia.
              (6) Tensions within the ruling Cambodian coalition
            have erupted into violence.
              (7) In March 1997, 19 Cambodians were killed and more
            than 100 were wounded in a grenade attack on political
            demonstrators supportive of the Funcinpec and the Khmer
            Nation Party.
              (8) During June 1997, fighting erupted in Phnom Penh
            between forces loyal to First Prime Minister Prince
            Ranariddh and Second Prime Minister Hun Sen.
              (9) On July 5, 1997, Second Prime Minister Hun Sen
            deposed the First Prime Minister in a violent coup
            d'etat.
              (10) Forces loyal to Hun Sen have executed former
            Interior Minister Ho Sok and approximately 40 other
            political opponents loyal to Prince Ranariddh.
              (11) Democracy and stability in Cambodia are
            threatened by the continued use of violence and other
            extralegal means to resolve political tensions.
              (12) In response to the July 1997 coup in Cambodia
            referred to in paragraph (9)--
                      (A) the President has suspended all direct
                    assistance to the Cambodian Government; and
                      (B) the Association of Southeast Asian
                    Nations (ASEAN) has decided to delay
                    indefinitely admission of Cambodia to
                    membership in the Association.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the parties in Cambodia should immediately cease
            the use of violence;
              (2) the United States should take all necessary steps
            to ensure the safety of United States citizens in
            Cambodia;
              (3) the United States should call an emergency
            meeting of the United Nations Security Council to
            consider all options to restore peace and democratic
            governance in Cambodia;
              (4) the United States and the Association of
            Southeast Asian Nations should work together to take
            immediate steps to restore democracy and the rule of
            law in Cambodia;
              (5) United States assistance to the Government of
            Cambodia should remain suspended until violence ends,
            the democratically elected Government is restored to
            power, and the necessary steps have been taken to
            ensure that the elections scheduled for 1998 take
            place; and
              (6) the United States should take all necessary steps
            to encourage other donor nations to suspend assistance
            as part of a multilateral effort.

    SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.

        (a) Findings.--Congress makes the following findings:
              (1) His Excellency Christopher F. Patten, the former
            Governor of Hong Kong, was the twenty-eighth and last
            British Governor of the dependent territory of Hong
            Kong before that territory reverted back to the
            People's Republic of China on July 1, 1997.
              (2) Christopher Patten was a superb administrator and
            an inspiration to the people whom he governed.
              (3) During Christopher Patten's five years as
            Governor of Hong Kong, the economy flourished under his
            stewardship, growing by more than 30 percent in real
            terms.
              (4) Christopher Patten presided over a capable and
            honest civil service.
              (5) During the tenure of Christopher Patten as
            Governor of Hong Kong, common crime declined and the
            political climate was positive and stable.
              (6) The legacy of Christopher Patten to Hong Kong is
            the expansion of democracy in Hong Kong's legislative
            council and a tireless devotion to the rights,
            freedoms, and welfare of the people of Hong Kong.
              (7) Christopher Patten fulfilled the commitment of
            the British Government to ``put in place a solidly
            based democratic administration'' in Hong Kong before
            July 1, 1997.
        (b) Sense of Congress.--It is the sense of the Congress
    that Christopher F. Patten, the last British Governor of the
    dependent territory of Hong Kong--
              (1) served his country with great honor and
            distinction in that capacity; and
              (2) deserves special thanks and recognition from the
            United States for his tireless efforts to develop and
            nurture democracy in Hong Kong.

               TITLE XIII--ARMS CONTROL AND RELATED MATTERS \47\

              * * * * * * *
    ---------------------------------------------------------------------------
        \47\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                   UNION \48\

              * * * * * * *
    ---------------------------------------------------------------------------
        \48\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

              * * * * * * *
    ---------------------------------------------------------------------------
        \49\ Formerly at 42 U.S.C. 7273c, relating to international
    cooperative stockpile stewardship. Redesignated as 50 U.S.C. 2561, as
    sec. 4301 of Public Law 107-314, by sec. 3141(f)(2) of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
    Stat. 1762).
    ---------------------------------------------------------------------------

    SEC. 3133.\49\ * * * [REDESIGNATED--2003]

              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *
    ---------------------------------------------------------------------------
        \50\ Formerly at 42 U.S.C. 2121 note. Repealed by sec. 3157 of
    Public Law 105-261 (112 Stat. 2257). Section formerly stated
    congressional findings and policy relating to the stockpile stewardship
    program.
    ---------------------------------------------------------------------------

    SEC. 3156.\50\ STOCKPILE STEWARDSHIP PROGRAM. * * * [REPEALED--1998]

    SEC. 3157.\51\ REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN
                        FOREIGN NATIONS.

        (a) Reports.--The Secretary of Energy shall require that
    any company that is a participant in the Accelerated Strategic
    Computing Initiative (ASCI) program of the Department of Energy
    report to the Secretary and to the Secretary of Defense each
    sale by that company to a country designated as a Tier III
    country of a computer capable of operating at a speed in excess
    of 2,000 millions theoretical operations per second (MTOPS).
    The report shall include a description of the following with
    respect to each such sale:
    ---------------------------------------------------------------------------
        \51\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
              (1) The anticipated end-use of the computer sold.
              (2) The software included with the computer.
              (3) Any arrangement under the terms of the sale
            regarding--
                      (A) upgrading the computer;
                      (B) servicing the computer; or
                      (C) furnishing spare parts for the computer.
        (b) Covered Countries.--For purposes of this section, the
    countries designated as Tier III countries are the countries
    listed as ``computer tier 3'' eligible countries in part 740.7
    of title 15 of the Code of Federal Regulations, as in effect on
    June 10, 1997 (or any successor list).
        (c) Quarterly Submission of Reports.--The Secretary of
    Energy shall require that reports under subsection (a) be
    submitted quarterly.
        (d) Annual Report.--The Secretary of Energy shall submit to
    Congress an annual report containing all information received
    under subsection (a) during the preceding year. The first
    annual report shall be submitted not later than July 1, 1998.
              * * * * * * *

    SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON MAINTAINING
                        UNITED STATES NUCLEAR WEAPONS EXPERTISE.

        (a) Commencement of Activities.--Subsection (b)(1) of
    section 3162 of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2844; 42 U.S.C.
    2121 note) is amended, effective January 1, 1998--* * *
              * * * * * * *

                    TITLE XXXV--PANAMA CANAL COMMISSION \52\

              * * * * * * *
    ---------------------------------------------------------------------------
        \52\ Amendments to the Panama Canal Act have been incorporated into
    that Act; see Legislation on Foreign Relations Through 2005, vol. II,
    sec. G.
           o. National Defense Authorization Act for Fiscal Year 1997

        Partial text of Public Law 104-201 [H.R. 3230], 110 Stat. 2422,
      approved September 23, 1996; amended by Public Law 105-85 [National
     Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat.
     1629, approved November 18, 1997; Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
        approved October 5, 1999; Public Law 108-136 [National Defense
      Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392,
       approved November 24, 2003; Public Law 109-163 [National Defense
      Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136,
                            approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 1997 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1997''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services \1\ and the
            Committee on Appropriations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \1\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

        Subtitle B--Program Requirements, Restrictions, and Limitations

              * * * * * * *

    SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT
                        ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, AND
                        CHEMICAL WEAPONS.

        Not later than 15 days after the date of the enactment of
    this Act, the President shall submit to Congress a
    certification in writing stating specifically whether or not
    the United States has the capability (as of the date of the
    certification) to prevent the illegal importation of nuclear,
    biological, and chemical weapons into the United States and its
    possessions.
              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 268. DESALTING TECHNOLOGIES.

        (a) Findings.--Congress makes the following findings:
              (1) Access to scarce fresh water is likely to be a
            cause of future military conflicts in the Middle East
            and has a direct impact on stability and security in
            the region.
              (2) The Middle East is an area of vital and strategic
            importance to the United States.
              (3) The United States has played a military role in
            the Middle East, most recently in the Persian Gulf War,
            and may likely be called upon again to deter aggression
            in the region.
              (4) United States troops have used desalting
            technologies to guarantee the availability of fresh
            water in past deployments in the Middle East.
              (5) Adequate, efficient, and cheap access to high-
            quality fresh water will be vital to maintaining the
            readiness and sustainability of troops of both the
            United States and its allies.
        (b) Sense of Congress.--It is the sense of Congress that,
    as improved access to fresh water will be an important factor
    in helping prevent future conflicts in the Middle East, the
    United States should, in cooperation with its allies, promote
    and invest in technologies to reduce the costs of converting
    saline water into fresh water.
        (c) Funding for Research and Development.--Of the amounts
    authorized to be appropriated by this title, the Secretary
    shall place greater emphasis on making funds available for
    research and development into efficient and economical
    processes and methods for converting saline water into fresh
    water.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1997 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              * * *
              (18) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $54,544,000.
              (19) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $796,524,000.
              * * *
              (22) For Cooperative Threat Reduction programs,
            $364,900,000.
              * * *
              * * * * * * *

    SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM
                        ACTIVITIES.

        Of the amount authorized to be appropriated pursuant to
    section 301 for operation and maintenance, $14,000,000 shall be
    available to the Secretary of Defense for activities designed
    to meet the antiterrorism responsibilities of the Department of
    Defense, including activities related to intelligence support,
    physical security measures, and education and training
    regarding antiterrorism. The amount made available by this
    section is in addition to amounts otherwise made available by
    this Act for antiterrorism activities.
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                      Subtitle C--Counter-Drug Activities

    SEC. 1031.\2\ AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG
                        ACTIVITIES OF MEXICO.

        (a) Authority To Provide Additional Support.--Subject to
    subsection (e), during fiscal years 1997 and 1998,\3\ the
    Secretary of Defense may provide the Government of Mexico with
    the support described in subsection (b) for the counter-drug
    activities of the Government of Mexico. In providing support to
    the Government of Mexico under this section, the Secretary of
    Defense shall consult with the Secretary of State.\4\ The
    support provided under the authority of this subsection shall
    be in addition to support provided to the Government of Mexico
    under any other provision of law.
    ---------------------------------------------------------------------------
        \2\ See also sec. 1033 of Public Law 105-85 (111 Stat. 1881).
        \3\ Sec. 1032(a)(1) of Public Law 105-85 (111 Stat. 1881) struck
    out ``fiscal year 1997'' and inserted in lieu thereof ``fiscal years
    1997 and 1998''.
        \4\ Sec. 1032(a)(2) of Public Law 105-85 (111 Stat. 1881) added
    ``In providing support to the Government of Mexico under this section,
    the Secretary of Defense shall consult with the Secretary of State.''.
    ---------------------------------------------------------------------------
        (b) Types of Support.--The authority under subsection (a)
    is limited to the provision of the following types of support:
              (1) The transfer of nonlethal protective and utility
            personnel equipment.
              (2) The transfer of the following nonlethal
            specialized equipment:
                      (A) Navigation equipment.
                      (B) Secure and nonsecure communications
                    equipment.
                      (C) Photo equipment.
                      (D) Radar equipment.
                      (E) Night vision systems.
                      (F) Repair equipment and parts for equipment
                    referred to in subparagraphs (A), (B), (C),
                    (D), and (E).
              (3) The transfer of nonlethal components,
            accessories, attachments, parts (including ground
            support equipment), firmware, and software for aircraft
            or patrol boats, and related repair equipment.
              (4) The maintenance and repair of equipment of the
            Government of Mexico that is used for counter-drug
            activities.
        (c) Applicability of Other Support Authorities.--Except as
    otherwise provided in this section, the provisions of section
    1004 of the National Defense Authorization Act for Fiscal Year
    1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to
    the provision of support under this section.
        (d) Funding.--Of the amount authorized to be appropriated
    under section 301(19) for drug interdiction and counter-drug
    activities, an amount not to exceed \5\ $8,000,000 shall be
    available for the provision of support under this section.
    Funds made available for fiscal year 1997 under this subsection
    and unobligated by September 30, 1997, may be obligated during
    fiscal year 1998. No funds are authorized to be appropriated
    for fiscal year 1998 for the provision of support under this
    section.\6\
    ---------------------------------------------------------------------------
        \5\ Sec. 1032(b)(1) of Public Law 105-85 (111 Stat. 1881) struck
    out ``not more than'' and inserted in lieu thereof ``an amount not to
    exceed''.
        \6\ Sec. 1032(b)(2) of Public Law 105-85 (111 Stat. 1881) added
    ``Funds made available for fiscal year 1997 under this subsection and
    unobligated by September 30, 1997, may be obligated during fiscal year
    1998. No funds are authorized to be appropriated for fiscal year 1998
    for the provision of support under this section.''.
    ---------------------------------------------------------------------------
        (e) Limitations.--(1) The Secretary may not obligate or
    expend funds to provide support under this section until 15
    days after the date on which the Secretary submits to the
    committees referred to in paragraph (3) the certification
    described in paragraph (2).
        (2) The certification referred to in paragraph (1) is a
    written certification of the following:
              (A) That the provision of support under this section
            will not adversely affect the military preparedness of
            the United States Armed Forces.
              (B) That the equipment and materiel provided as
            support will be used only by officials and employees of
            the Government of Mexico who have undergone a
            background check by that government.
              (C) That the Government of Mexico has certified to
            the Secretary that--
                      (i) the equipment and material provided as
                    support will be used only by the officials and
                    employees referred to in subparagraph (B);
                      (ii) none of the equipment or materiel will
                    be transferred (by sale, gift, or otherwise) to
                    any person or entity not authorized by the
                    United States to receive the equipment or
                    materiel; and
                      (iii) the equipment and materiel will be used
                    only for the purposes intended by the United
                    States Government.
              (D) That the Government of Mexico has implemented, to
            the satisfaction of the Secretary, a system that will
            provide an accounting and inventory of the equipment
            and materiel provided as support.
              (E) That the departments, agencies, and
            instrumentalities of the Government of Mexico will
            grant United States Government personnel access to any
            of the equipment or materiel provided as support, or to
            any of the records relating to such equipment or
            materiel, under terms and conditions similar to the
            terms and conditions imposed with respect to such
            access under section 505(a)(3) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
              (F) That the Government of Mexico will provide
            security with respect to the equipment and materiel
            provided as support that is substantially the same
            degree of security that the United States Government
            would provide with respect to such equipment and
            materiel.
              (G) That the Government of Mexico will permit
            continuous observation and review by United States
            Government personnel of the use of the equipment and
            materiel provided as support under terms and conditions
            similar to the terms and conditions imposed with
            respect to such observation and review under section
            505(a)(3) of the Foreign Assistance Act of 1961 (22
            U.S.C. 2314(a)(3)).
        (3) The committees referred to in this paragraph are the
    following:
              (A) The Committee on Armed Services and the Committee
            on Foreign Relations of the Senate.
              (B) The Committee on National Security and the
            Committee on International Relations of the House of
            Representatives.

    SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDICTION AND
                        COUNTER-DRUG ACTIVITIES.

        (a) P-3B Aircraft.--Of the funds authorized to be
    appropriated under section 301(19) for drug interdiction and
    counter-drug activities, not more than $98,000,000 may be used
    for the purpose of procuring or modifying two P-3B aircraft for
    use by departments and agencies of the United States outside
    the Department of Defense for drug interdiction and counter-
    drug activities. However, funds may not be obligated for such
    purpose until the Secretary of Defense submits to the
    congressional defense committees a certification that the
    procurement or modification of such aircraft and the use of
    such aircraft by other departments or agencies of the United
    States will significantly reduce the level of support that
    would otherwise be required of E-3 AWACS aircraft as part of
    the drug interdiction and counter-drug mission of the
    Department of Defense.
        (b) Nonintrusive Inspection Devices.--Of the funds
    authorized to be appropriated under section 301(19) for drug
    interdiction and counter-drug activities, not more than
    $10,000,000 may be used to procure three nonintrusive
    inspection devices for use by departments and agencies of the
    United States outside the Department of Defense for drug
    interdiction and counter-drug activities.
        (c) Authority To Transfer Equipment.--The Secretary of
    Defense may transfer to the head of any department or agency of
    the United States outside the Department of Defense any
    equipment procured or modified under this section with funds
    referred to in this section.

    SEC. 1033.\7\ TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW
                        ENFORCEMENT ACTIVITIES.

        (a) Transfer Authority.--(1) Chapter 153 of title 10,
    United States Code, is amended by inserting after section 2576
    the following new section: * * *
    ---------------------------------------------------------------------------
        \7\ Sec. 1033 added a new sec. 2576a to 10 U.S.C., relating to the
    sale or donation of excess DOD personal property to state and other
    Federal law enforcement agencies for counter-drug and counter-terrorism
    activities.
    ---------------------------------------------------------------------------
              * * * * * * *

                        Subtitle D--Reports and Studies

    SEC. 1041.\8\ ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND OPERATION
                        ENHANCED SOUTHERN WATCH.

        (a) Annual Report.--Not later than March 1 of each year,
    the Secretary of Defense shall submit to Congress a report on
    Operation Provide Comfort and Operation Enhanced Southern
    Watch.
    ---------------------------------------------------------------------------
        \8\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Matters Relating to Operation Provide Comfort.--Each
    report under subsection (a) shall include, with respect to
    Operation Provide Comfort, the following:
              (1) A detailed presentation of the projected costs to
            be incurred by the Department of Defense for that
            operation during the fiscal year in which the report is
            submitted and projected for the following fiscal year,
            together with a discussion of missions and functions
            expected to be performed by the Department as part of
            that operation during each of those fiscal years.
              (2) A detailed presentation of the projected costs to
            be incurred by other departments and agencies of the
            Federal Government participating in or providing
            support to that operation during each of those fiscal
            years.
              (3) A discussion of options being pursued to reduce
            the involvement of the Department of Defense in those
            aspects of that operation that are not directly related
            to the military mission of the Department of Defense.
              (4) A discussion of the exit strategy for United
            States involvement in, and support for, that operation.
              (5) A description of alternative approaches to
            accomplishing the mission of that operation that are
            designed to limit the scope and cost to the Department
            of Defense of accomplishing that mission while
            maintaining mission success.
              (6) The contributions (both in-kind and actual) by
            other nations to the costs of conducting that
            operation.
              (7) A detailed presentation of significant Iraqi
            military activity (including specific violations of the
            no-fly zone) determined to jeopardize the security of
            the Kurdish population in northern Iraq.
        (c) Matters Relating to Operation Enhanced Southern
    Watch.--Each report under subsection (a) shall include, with
    respect to Operation Enhanced Southern Watch, the following:
              (1) The expected duration and annual costs of the
            various elements of that operation.
              (2) The political and military objectives associated
            with that operation.
              (3) The contributions (both in-kind and actual) by
            other nations to the costs of conducting that
            operation.
              (4) A description of alternative approaches to
            accomplishing the mission of that operation that are
            designed to limit the scope and cost of accomplishing
            that mission while maintaining mission success.
              (5) A comprehensive discussion of the political and
            military objectives and initiatives that the Department
            of Defense has pursued, and intends to pursue, in order
            to reduce United States involvement in that operation.
              (6) A detailed presentation of significant Iraqi
            military activity (including specific violations of the
            no-fly zone) determined to jeopardize the security of
            the Shiite population by air attack in southern Iraq or
            to jeopardize the security of Kuwait.
        (d) Termination of Report Requirement.--The requirement
    under subsection (a) shall cease to apply with respect to an
    operation named in that subsection upon the termination of
    United States involvement in that operation.
        (e) Definitions.--For purposes of this section:
              (1) Operation enhanced southern watch.--The term
            ``Operation Enhanced Southern Watch'' means the
            operation of the Department of Defense that as of
            October 30, 1995, is designated as Operation Enhanced
            Southern Watch.
              (2) Operation provide comfort.--The term ``Operation
            Provide Comfort'' means the operation of the Department
            of Defense that as of October 30, 1995, is designated
            as Operation Provide Comfort.

    SEC. 1042.\9\ * * * [REPEALED--1999]
    ---------------------------------------------------------------------------

        \9\ Formerly at 10 U.S.C. 113 note. Sec. 241 of Public Law 106-65
    (113 Stat. 549) amended 10 U.S.C. by adding a new sec. 486, which
    requires a quadrennial report on emerging operational concepts, and
    repealed sec. 1042 of this Act, which had required a similar report on
    an annual basis.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION AGREEMENTS.

        (a) Quarterly Reports on Coproduction Agreements.--Section
    36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
    amended--* * * \10\
    ---------------------------------------------------------------------------
        \10\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1048. REPORT ON NATO ENLARGEMENT.

        (a) Report.--Not later than February 1, 1997, the President
    shall transmit to the Committee on Armed Services and the
    Committee on Foreign Relations of the Senate and the Committee
    on National Security and the Committee on International
    Relations of the House of Representatives a report on the
    enlargement of the North Atlantic Treaty Organization. The
    report shall contain a comprehensive discussion of the
    following:
              (1) Geopolitical and financial costs and benefits,
            including financial savings, associated with--
                      (A) enlargement of the North Atlantic Treaty
                    Organization;
                      (B) further delays in the process of
                    enlargement of the North Atlantic Treaty
                    Organization; and
                      (C) a failure to enlarge the North Atlantic
                    Treaty Organization.
              (2) Additional North Atlantic Treaty Organization and
            United States military expenditures requested by
            prospective members of the North Atlantic Treaty
            Organization to facilitate their admission into the
            North Atlantic Treaty Organization.
              (3) Modifications necessary in the military strategy
            of the North Atlantic Treaty Organization and force
            structure required by the inclusion of new members and
            steps necessary to integrate new members, including the
            role of nuclear and conventional capabilities,
            reinforcement, force deployments, prepositioning of
            equipment, mobility, and headquarter locations.
              (4) The relationship between enlargement of the North
            Atlantic Treaty Organization and transatlantic
            stability and security.
              (5) The state of military preparedness and
            interoperability of Central and Eastern European
            nations as it relates to the responsibilities of
            membership of the North Atlantic Treaty Organization
            and additional security costs or benefits that may
            accrue to the United States from enlargement of the
            North Atlantic Treaty Organization.
              (6) The state of democracy and free market
            development as it affects the preparedness of Central
            and Eastern European nations for the responsibilities
            of membership of the North Atlantic Treaty
            Organization, including civilian control of the
            military, the rule of law, human rights, and
            parliamentary oversight.
              (7) The state of relations between prospective
            members of the North Atlantic Treaty Organization and
            their neighbors, steps taken by prospective members to
            reduce tensions, and mechanisms for the peaceful
            resolution of border disputes.
              (8) The commitment of prospective members of the
            North Atlantic Treaty Organization to the principles of
            the North Atlantic Treaty and the security of the North
            Atlantic area.
              (9) The effect of enlargement of the North Atlantic
            Treaty Organization on the political, economic, and
            security conditions of European Partnership for Peace
            nations not among the first new members of the North
            Atlantic Treaty Organization.
              (10) The relationship between enlargement of the
            North Atlantic Treaty Organization and EU enlargement
            and the costs and benefits of both.
              (11) The relationship between enlargement of the
            North Atlantic Treaty Organization and treaties
            relevant to United States and European security, such
            as the Conventional Armed Forces in Europe Treaty.
              (12) The anticipated impact both of enlargement of
            the North Atlantic Treaty Organization and further
            delays of enlargement on Russian foreign and defense
            policies and the costs and benefits of a security
            relationship between the North Atlantic Treaty
            Organization and Russia.
        (b) Interpretation.--Nothing in this section shall be
    interpreted or construed to affect the implementation of the
    NATO Participation Act of 1994 (title II of Public Law 103-447;
    22 U.S.C. 1928 note), or any other program or activity which
    facilitates or assists prospective members of the North
    Atlantic Treaty Organization.
              * * * * * * *

                           Subtitle F--Other Matters

              * * * * * * *

    SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN GOVERNMENTS AND
                        INTERNATIONAL ORGANIZATIONS FOR DEFENSE PURPOSES.

        Section 2608(a) of title 10, United States Code, is amended
    by inserting before the period at the end the following: * * *

    SEC. 1064.\11\ PROHIBITION ON COLLECTION AND RELEASE OF DETAILED
                        SATELLITE IMAGERY RELATING TO ISRAEL.

        (a) Collection and Dissemination.--A department or agency
    of the United States may issue a license for the collection or
    dissemination by a non-Federal entity of satellite imagery with
    respect to Israel only if such imagery is no more detailed or
    precise than satellite imagery of Israel that is available from
    commercial sources.
    ---------------------------------------------------------------------------
        \11\ 15 U.S.C. 5621 note.
    ---------------------------------------------------------------------------
        (b) Declassification and Release.--A department or agency
    of the United States may declassify or otherwise release
    satellite imagery with respect to Israel only if such imagery
    is no more detailed or precise than satellite imagery of Israel
    that is available from commercial sources.

    SEC. 1065.\12\ GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC
                        SECURITY STUDIES.

        (a) \13\ Marshall Center Participation By Foreign
    Nations.--Notwithstanding any other provision of law, the
    Secretary of Defense may authorize participation by a European
    or Eurasian nation in Marshall Center programs if the Secretary
    determines, after consultation with the Secretary of State,
    that such participation is in the national interest of the
    United States.
    ---------------------------------------------------------------------------
        \12\ 10 U.S.C. 113 note. Sec. 903(c)(2) of Public Law 109-163 (119
    Stat. 3399) struck out subsec. (a) and redesignated subsecs. (b) and
    (c) as subsecs. (a) and (b), respectively. Sec. 903(a)(1) of that Act
    added a new sec. 2611 to title 10 U.S.C., relating to regional centers
    for security studies and acceptance of gifts and donations, including
    the George C. Marshall European Center for Security Studies.
        \13\ Sec. 1031(f)(2) of Public Law 108-136 (117 Stat. 1604) struck
    out para. designation ``(1)'' before ``Notwithstanding'', and struck
    out para. (2), which required an annual report of the Secretary of
    Defense listing the names foreign nations permitted to participate in
    programs of the Marshall Center during the preceding year.
    ---------------------------------------------------------------------------
        (b) Exemptions for Members of Marshall Center Board of
    Visitors From Certain Requirements.--(1) In the case of any
    person invited to serve without compensation on the Marshall
    Center Board of Visitors, the Secretary of Defense may waive
    any requirement for financial disclosure that would otherwise
    apply to that person solely by reason of service on such Board.
        (2) Notwithstanding any other provision of law, a member of
    the Marshall Center Board of Visitors may not be required to
    register as an agent of a foreign government solely by reason
    of service as a member of the Board.
        (3) Notwithstanding section 219 of title 18, United States
    Code, a non-United States citizen may serve on the Marshall
    Center Board of Visitors even though registered as a foreign
    agent.
              * * * * * * *

    SEC. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE AGREEMENT
                        BETWEEN UNITED STATES AND JAPAN.

        (a) Findings.--Congress makes the following findings:
              (1) The United States and Japan share a long and
            important bilateral relationship which serves as an
            anchor of peace and stability in the Asia Pacific
            region, an alliance which was reaffirmed at the recent
            summit meeting between President Clinton and Prime
            Minister Hashimoto in Tokyo.
              (2) The Japanese economy has experienced difficulty
            over the past few years, demonstrating that it is no
            longer possible for Japan, the world's second largest
            economy, to use exports as the sole engine of economic
            growth, but that the Government of Japan must promote
            deregulation of its domestic economy in order to
            increase economic growth.
              (3) Deregulation of the Japanese economy requires
            government attention to the removal of barriers to
            imports of manufactured goods.
              (4) The United States-Japan Semiconductor Trade
            Agreement has begun the process of deregulation in the
            semiconductor sector and is opening the Japanese market
            to competitive foreign products.
              (5) The United States-Japan Semiconductor Trade
            Agreement has put in place both government-to-
            government and industry-to-industry mechanisms which
            have played a vital role in allowing cooperation to
            replace conflict in this important high technology
            sector.
              (6) The mechanisms include joint calculation of
            foreign market share, deterrence of dumping, and
            promotion of industrial cooperation in the design of
            foreign semiconductor devices.
              (7) Because of these actions under the United States-
            Japan Semiconductor Trade Agreement, the United States
            and Japan today enjoy trade in semiconductors which is
            mutually beneficial, harmonious, and free from the
            friction that once characterized the semiconductor
            industry.
              (8) Because of structural barriers in Japan, a gap
            still remains between the share of the world market for
            semiconductor products outside Japan that the United
            States and other foreign semiconductor sources are able
            to capture through competitiveness and the share of the
            Japanese semiconductor market that the United States
            and those other sources are able to capture through
            competitiveness, and that gap is consistent across the
            full range of semiconductor products as well as a full
            range of end-use applications.
              (9) The competitiveness and health of the United
            States semiconductor industry is of critical importance
            to the overall economic well-being and high-technology
            defense capabilities of the United States.
              (10) The economic interests of both the United States
            and Japan are best served by well functioning, open
            markets, deterrence of dumping, and continuing good
            cooperative relationships in all sectors, including
            semiconductors.
              (11) A strong and healthy military and political
            alliance between the United States and Japan requires
            continuation of the industrial and economic cooperation
            promoted by the United States-Japan Semiconductor Trade
            Agreement.
              (12) President Clinton has called on the Government
            of Japan to agree to a continuation of the United
            States-Japan Semiconductor Trade Agreement beyond the
            current agreement's expiration on July 31, 1996.
              (13) The Government of Japan has opposed any
            continuation of the United States-Japan Semiconductor
            Trade Agreement to promote cooperation in United
            States-Japan semiconductor trade.
        (b) Sense of Congress.--On the basis of the findings
    contained in subsection (a), it is the sense of Congress that--
              (1) it is regrettable that the Government of Japan
            has refused to consider continuation of the United
            States-Japan Semiconductor Trade Agreement to ensure
            that cooperation continues in the semiconductor sector
            beyond the expiration of the agreement on July 31,
            1996; and
              (2) the President should take all necessary and
            appropriate actions to ensure the resumption and
            extension of the United States-Japan Semiconductor
            Trade Agreement beyond July 31, 1996.
        (c) Definition.--For purposes of this section, the term
    ``United States-Japan Semiconductor Trade Agreement'' refers to
    the agreement between the United States and Japan concerning
    trade in semiconductor products, with arrangement, done by
    exchange of letters at Washington on June 11, 1991.

    SEC. 1082.\14\ AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE
                        UNITED STATES AND FOREIGN COUNTRIES.

        (a) Authority To Enter Into International Exchange
    Agreements.--(1) The Secretary of Defense may enter into
    international defense personnel exchange agreements.
    ---------------------------------------------------------------------------
        \14\ 10 U.S.C. 168 note.
    ---------------------------------------------------------------------------
        (2) For purposes of this section, an international defense
    personnel exchange agreement is an agreement with the
    government of an ally of the United States or another friendly
    foreign country for the exchange of--
              (A) military and civilian personnel of the Department
            of Defense; and
              (B) military and civilian personnel of the defense
            ministry of that foreign government.
        (b) Assignment of Personnel.--(1) Pursuant to an
    international defense personnel exchange agreement, personnel
    of the defense ministry of a foreign government may be assigned
    to positions in the Department of Defense and personnel of the
    Department of Defense may be assigned to positions in the
    defense ministry of such foreign government. Positions to which
    exchanged personnel are assigned may include positions of
    instructors.
        (2) An agreement for the exchange of personnel engaged in
    research and development activities may provide for assignment
    of Department of Defense personnel to positions in private
    industry that support the defense ministry of the host foreign
    government.
        (3) An individual may not be assigned to a position
    pursuant to an international defense personnel exchange
    agreement unless the assignment is acceptable to both
    governments.
        (c) Reciprocity of Personnel Qualifications Required.--Each
    government shall be required under an international defense
    personnel exchange agreement to provide personnel with
    qualifications, training, and skills that are essentially equal
    to those of the personnel provided by the other government.
        (d) Payment of Personnel Costs.--(1) Each government shall
    pay the salary, per diem, cost of living, travel costs, cost of
    language or other training, and other costs for its own
    personnel in accordance with the applicable laws and
    regulations of such government.
        (2) Paragraph (1) does not apply to the following costs:
              (A) The cost of temporary duty directed by the host
            government.
              (B) The cost of training programs conducted to
            familiarize, orient, or certify exchanged personnel
            regarding unique aspects of the assignments of the
            exchanged personnel.
              (C) Costs incident to the use of the facilities of
            the host government in the performance of assigned
            duties.
        (e) Prohibited Conditions.--No personnel exchanged pursuant
    to an agreement under this section may take or be required to
    take an oath of allegiance to the host country or to hold an
    official capacity in the government of such country.
        (f) Relationship to Other Authority.--The requirements in
    subsections (c) and (d) shall apply in the exercise of any
    authority of the Secretaries of the military departments to
    enter into an agreement with the government of a foreign
    country to provide for the exchange of members of the armed
    forces and military personnel of the foreign country. The
    Secretary of Defense may prescribe regulations for the
    application of such subsections in the exercise of such
    authority.

    SEC. 1083. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.

        It is the sense of the Senate that, notwithstanding any
    other provision of law, in order to maximize the amount of
    equipment provided to the Government of Bosnia and Herzegovina
    under the authority contained in section 540 of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 737),
    the price of the transferred equipment shall not exceed the
    lowest level at which the same or similar equipment has been
    transferred to any other country under any other United States
    Government program.

    SEC. 1084.\15\ DEFENSE BURDENSHARING.

        (a) Efforts To Increase Allied Burdensharing.--The
    President shall seek to have each nation that has cooperative
    military relations with the United States (including security
    agreements, basing arrangements, or mutual participation in
    multinational military organizations or operations) take one or
    more of the following actions:
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) Increase its financial contributions to the
            payment of the nonpersonnel costs incurred by the
            United States Government for stationing United States
            military personnel in that nation, with a goal of
            achieving by September 30, 2000, 75 percent of such
            costs. An increase in financial contributions by any
            nation under this paragraph may include the elimination
            of taxes, fees, or other charges levied on United
            States military personnel, equipment, or facilities
            stationed in that nation.
              (2) Increase its annual budgetary outlays for
            national defense as a percentage of its gross domestic
            product by 10 percent or at least to a level
            commensurate to that of the United States by September
            30, 1997.
              (3) Increase its annual budgetary outlays for foreign
            assistance (to promote democratization, economic
            stabilization, transparency arrangements, defense
            economic conversion, respect for the rule of law, and
            internationally recognized human rights) by 10 percent
            or at least to a level commensurate to that of the
            United States by September 30, 1997.
              (4) Increase the amount of military assets (including
            personnel, equipment, logistics, support and other
            resources) that it contributes, or would be prepared to
            contribute, to multinational military activities
            worldwide.
        (b) Authorities To Encourage Actions by United States
    Allies.--In seeking the actions described in subsection (a)
    with respect to any nation, or in response to a failure by any
    nation to undertake one or more of such actions, the President
    may take any of the following measures to the extent otherwise
    authorized by law:
              (1) Reduce the end strength level of members of the
            Armed Forces assigned to permanent duty ashore in that
            nation.
              (2) Impose on that nation fees or other charges
            similar to those that such nation imposes on United
            States forces stationed in that nation.
              (3) Reduce (through rescission, impoundment, or other
            appropriate procedures as authorized by law) the amount
            the United States contributes to the NATO Civil Budget,
            Military Budget, or Security Investment Program.
              (4) Suspend, modify, or terminate any bilateral
            security agreement the United States has with that
            nation, consistent with the terms of such agreement.
              (5) Reduce (through rescission, impoundment, or other
            appropriate procedures as authorized by law) any United
            States bilateral assistance appropriated for that
            nation.
              (6) Take any other action the President determines to
            be appropriate as authorized by law.
        (c) Report on Progress in Increasing Allied
    Burdensharing.--Not later than March 1, 1997, the Secretary of
    Defense shall submit to Congress a report on--
              (1) steps taken by other nations to complete the
            actions described in subsection (a);
              (2) all measures taken by the President, including
            those authorized in subsection (b), to achieve the
            actions described in subsection (a); and
              (3) the budgetary savings to the United States that
            are expected to accrue as a result of the steps
            described under paragraph (1).
        (d) Report on National Security Bases for Forward
    Deployment and Burdensharing Relationships.--(1) In order to
    ensure the best allocation of budgetary resources, the
    President shall undertake a review of the status of elements of
    the United States Armed Forces that are permanently stationed
    outside the United States. The review shall include an
    assessment of the following:
              (A) The alliance requirements that are to be found in
            agreements between the United States and other
            countries.
              (B) The national security interests that support
            permanently stationing elements of the United States
            Armed Forces outside the United States.
              (C) The stationing costs associated with the forward
            deployment of elements of the United States Armed
            Forces.
              (D) The alternatives available to forward deployment
            (such as material prepositioning, enhanced airlift and
            sealift, or joint training operations) to meet such
            alliance requirements or national security interests,
            with such alternatives identified and described in
            detail.
              (E) The costs and force structure configurations
            associated with such alternatives to forward
            deployment.
              (F) The financial contributions that allies of the
            United States make to common defense efforts (to
            promote democratization, economic stabilization,
            transparency arrangements, defense economic conversion,
            respect for the rule of law, and internationally
            recognized human rights).
              (G) The contributions that allies of the United
            States make to meeting the stationing costs associated
            with the forward deployment of elements of the United
            States Armed Forces.
              (H) The annual expenditures of the United States and
            its allies on national defense, and the relative
            percentages of each nation's gross domestic product
            constituted by those expenditures.
        (2) The President shall submit to Congress a report on the
    review under paragraph (1). The report shall be submitted not
    later than March 1, 1997, in classified and unclassified form.
        (e) Report Date.--Section 1003(c) of Public Law 98-525 \16\
    is amended by striking out ``each year'' and inserting ``by
    March 1, 1998, and every other year thereafter''.
    ---------------------------------------------------------------------------
        \16\ Sec. 1044(e) of Public Law 108-136 (117 Stat. 1613) struck out
    ``98-515'' and inserted in lieu thereof ``98-525'', and provided that
    the amendment ``shall take effect as if included in Public Law 104-
    201.''.
    ---------------------------------------------------------------------------
              * * * * * * *

               TITLE XIII--ARMS CONTROL AND RELATED MATTERS \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

          TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION \18\

              * * * * * * *
    ---------------------------------------------------------------------------
        \18\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

      TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                   UNION \19\

              * * * * * * *
    ---------------------------------------------------------------------------
        \19\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

    SEC. 3137. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES WITH
                        PEOPLE'S REPUBLIC OF CHINA.

        (a) Funding Prohibition.--No funds authorized to be
    appropriated or otherwise available to the Department of Energy
    for fiscal year 1997 may be obligated or expended for any
    activity associated with the conduct of cooperative programs
    relating to nuclear weapons or nuclear weapons technology,
    including stockpile stewardship, safety, and use control, with
    the People's Republic of China.
        (b) Report.--(1) The Secretary of Energy shall prepare, in
    consultation with the Secretary of Defense, a report containing
    a description of all discussions and activities between the
    United States and the People's Republic of China regarding
    nuclear weapons matters that have occurred before the date of
    the enactment of this Act and that are planned to occur after
    such date. For each such discussion or activity, the report
    shall include--
              (A) the authority under which the discussion or
            activity took or will take place;
              (B) the subject of the discussion or activity;
              (C) participants or likely participants;
              (D) the source and amount of funds used or to be used
            to pay for the discussion or activity; and
              (E) a description of the actions taken or to be taken
            to ensure that no classified information or
            unclassified controlled information was or will be
            revealed, and a determination of whether classified
            information or unclassified controlled information was
            revealed in previous discussions.
        (2) The report shall be submitted to the Committee on Armed
    Services of the Senate and the Committee on National Security
    of the House of Representatives not later than January 15,
    1997.

    SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.

        (a) Funding Prohibition.--No funds authorized to be
    appropriated or otherwise available to the Department of Energy
    for fiscal year 1997 may be obligated or expended to conduct
    any activities associated with international cooperative
    stockpile stewardship.
        (b) Exception.--Subsection (a) does not apply--
              (1) with respect to such activities conducted between
            the United States and the United Kingdom and between
            the United States and France; and
              (2) to activities carried out under title XV of this
            Act (relating to cooperative threat reduction with
            states of the former Soviet Union).
              * * * * * * *

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.

        Not later than June 1, 1997, the Secretary of Energy shall
    submit to Congress a report which updates the report submitted
    by the Secretary under section 3152 of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
    Stat. 623). The updated report shall include the matters
    specified under such section, current as of the date of the
    updated report.
              * * * * * * *

    SEC. 3162.\20\ COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS
                        EXPERTISE.

        (a) Establishment.--There is hereby established a
    commission to be known as the ``Commission on Maintaining
    United States Nuclear Weapons Expertise'' (in this section
    referred to as the ``Commission'').
    ---------------------------------------------------------------------------
        \20\ 42 U.S.C. 2121 note.
    ---------------------------------------------------------------------------
        (b) Organizational Matters.--(1)(A) The Commission shall be
    composed of eight members appointed from among individuals in
    the public and private sectors who have significant experience
    in matters relating to nuclear weapons, as follows:
              (i) Two shall be appointed by the majority leader of
            the Senate (in consultation with the minority leader of
            the Senate).
              (ii) One shall be appointed by the minority leader of
            the Senate (in consultation with the majority leader of
            the Senate).
              (iii) Two shall be appointed by the Speaker of the
            House of Representatives (in consultation with the
            minority leader of the House of Representatives).
              (iv) One shall be appointed by the minority leader of
            the House of Representatives (in consultation with the
            Speaker of the House of Representatives).
              (v) Two shall be appointed by the Secretary of
            Energy.
        (B) Members shall be appointed for the life of the
    Commission. Any vacancy in the Commission shall not affect its
    powers, but shall be filled in the same manner as the original
    appointment.
        (C) The chairman of the Commission shall be designated from
    among the members of the Commission appointed under
    subparagraph (A) by the majority leader of the Senate, in
    consultation with the Speaker of the House of Representatives,
    the minority leader of the Senate, and the minority leader of
    the House of Representatives. The chairman may be designated
    once five members of the Commission have been appointed under
    subparagraph (A).\21\
    ---------------------------------------------------------------------------
        \21\ Sec. 3163(a)(1) of Public Law 105-85 (111 Stat. 2049) added
    ``The chairman may be designated once five members of the Commission
    have been appointed under subparagraph (A).''.
    ---------------------------------------------------------------------------
        (D) Members shall be appointed not later than 60 days after
    the date of the enactment of this Act.
        (E) \22\ The Commission may commence its activities under
    this section upon the designation of the chairman of the
    Commission under subparagraph (C).
    ---------------------------------------------------------------------------
        \22\ Sec. 3163(a)(2) of Public Law 105-85 (111 Stat. 2050) added
    subpara. (E).
    ---------------------------------------------------------------------------
        (2) The members of the Commission shall establish
    procedures for the activities of the Commission, including
    procedures for calling meetings, requirements for quorums, and
    the manner of taking votes.
        (c) Duties.--(1) The Commission shall develop a plan for
    recruiting and retaining within the Department of Energy
    nuclear weapons complex such scientific, engineering, and
    technical personnel as the Commission determines appropriate in
    order to permit the Department to maintain over the long term a
    safe and reliable nuclear weapons stockpile without engaging in
    underground testing.
        (2) In developing the plan, the Commission shall--
              (A) identify actions that the Secretary may undertake
            to attract qualified scientific, engineering, and
            technical personnel to the nuclear weapons complex of
            the Department; and
              (B) review and recommend improvements to the on-going
            efforts of the Department to attract such personnel to
            the nuclear weapons complex.
        (d) Report.--Not later than March 15, 1999,\23\ the
    Commission shall submit to the Secretary and to Congress a
    report containing the plan developed under subsection (c). The
    report may include recommendations for legislation and
    administrative action.
    ---------------------------------------------------------------------------
        \23\ Sec. 3163(b) of Public Law 105-85 (111 Stat. 2050) struck out
    ``March 15, 1998,'' and inserted in lieu thereof ``March 15, 1999,''.
    ---------------------------------------------------------------------------
        (e) Commission Personnel Matters.--(1) Each member of the
    Commission who is not an officer or employee of the Federal
    Government shall be compensated at a rate equal to the daily
    equivalent of the annual rate of basic pay prescribed for level
    IV of the Executive Schedule under section 5315 of title 5,
    United States Code,\24\ for each day (including travel time)
    during which such member is engaged in the performance of the
    duties of the Commission. All members of the Commission who are
    officers or employees of the United States shall serve without
    compensation in addition to that received for their services as
    officers or employees of the United States.
    ---------------------------------------------------------------------------
        \24\ The current rate of compensation at level IV of the Executive
    Schedule is $143,000 per annum (Executive Order 13393; 70 F.R. 76655;
    December 22, 2005).
    ---------------------------------------------------------------------------
        (2) The members of the Commission shall be allowed travel
    expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of
    chapter 57 of title 5, United States Code, while away from
    their homes or regular places of business in the performance of
    services for the Commission.
        (3) The Commission may, without regard to the civil service
    laws and regulations, appoint and terminate such personnel as
    may be necessary to enable the Commission to perform its
    duties. The Commission may fix the compensation of the
    personnel of the Commission without regard to the provisions of
    chapter 51 and subchapter III of chapter 53 of title 5, United
    States Code, relating to classification of positions and
    General Schedule pay rates.
        (4) Any Federal Government employee may be detailed to the
    Commission without reimbursement, and such detail shall be
    without interruption or loss of civil service status or
    privilege.
        (f) Termination.--The Commission shall terminate 30 days
    after the date on which the Commission submits its report under
    subsection (d).
        (g) Applicability of FACA.--The provisions of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    activities of the Commission.
        (h) Funding.--Of the amounts authorized to be appropriated
    pursuant to section 3101, not more than $1,000,000 shall be
    available for the activities of the Commission under this
    section. Funds made available to the Commission under this
    section shall remain available until expended.

    SEC. 3163. SENSE OF CONGRESS REGARDING RELIABILITY AND SAFETY OF
                        REMAINING NUCLEAR FORCES.

        (a) Findings.--Congress makes the following findings:
              (1) The United States is committed to proceeding with
            a robust, science-based stockpile stewardship program
            with respect to production of nuclear weapons, and to
            maintaining nuclear weapons production capabilities and
            capacities, that are adequate--
                      (A) to ensure the safety, reliability, and
                    performance of the United States nuclear
                    arsenal; and
                      (B) to meet such changing national security
                    requirements as may result from international
                    developments or technical problems with nuclear
                    warheads.
              (2) The United States is committed to reestablishing
            and maintaining production facilities for nuclear
            weapons components at levels that are sufficient--
                      (A) to satisfy requirements for the safety,
                    reliability, and performance of United States
                    nuclear weapons; and
                      (B) to demonstrate and sustain production
                    capabilities and capacities.
              (3) The United States is committed to maintaining the
            nuclear weapons laboratories and protecting core
            nuclear weapons competencies.
              (4) The United States is committed to ensuring rapid
            access to a new production source of tritium within the
            next decade, as it currently has no meaningful
            capability to produce tritium, a component that is
            essential to the performance of modern nuclear weapons.
              (5) The United States reserves the right, consistent
            with United States law, to resume underground nuclear
            testing to maintain confidence in the United States
            stockpile of nuclear weapons if warhead design flaws or
            aging of nuclear weapons result in problems that a
            robust stockpile stewardship program cannot solve.
              (6) The United States is committed to funding the
            Nevada Test Site at a level that maintains the ability
            of the United States to resume underground nuclear
            testing within one year after a national decision to do
            so is made.
              (7) The United States reserves the right to invoke
            the supreme national interest of the United States and
            withdraw from any future arms control agreement to
            limit underground nuclear testing.
        (b) Sense of Congress Regarding Presidential Consultation
    With Congress.--It is the sense of Congress that the President
    should consult closely with Congress regarding United States
    policy and practices to ensure confidence in the safety,
    reliability, and performance of the nuclear stockpile of the
    United States.
        (c) Sense of Congress Regarding Notification and
    Consultation.--It is the sense of Congress that, upon a
    determination by the President that a problem with the safety,
    reliability, or performance of the nuclear stockpile has
    occurred and that the problem cannot be corrected within the
    stockpile stewardship program, the President shall--
              (1) immediately notify Congress of the problem; and
              (2) submit to Congress in a timely manner a plan for
            corrective action with respect to the problem,
            including--
                      (A) a technical description of the activities
                    required under the plan; and
                      (B) if underground testing of nuclear weapons
                    would assist in such corrective action, an
                    assessment of the advisability of withdrawing
                    from any treaty that prohibits underground
                    testing of nuclear weapons.
              * * * * * * *

                    TITLE XXXV--PANAMA CANAL COMMISSION \25\

              * * * * * * *
    ---------------------------------------------------------------------------
        \25\ Amendments to the Panama Canal Act have been incorporated into
    that Act; see Legislation on Foreign Relations Through 2005, vol. II,
    sec. G.
           p. National Defense Authorization Act for Fiscal Year 1996

     Partial text of Public Law 104-106 [S. 1124], 110 Stat. 186, approved
      February 10, 1996; amended by Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
       approved September 23, 1996; Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119]. 111 Stat. 1629,
    approved November 18, 1997; Public Law 105-261 [Strom Thurmond National
     Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat.
     1920, approved October 17, 1998; Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
    approved October 5, 1999; Public Law 106-398 [Floyd D. Spence National
     Defense Authorization Act for Fiscal Year 2001; H.R. 4205], 114 Stat.
    1654, approved October 30, 2000; Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
     2458, approved December 2, 2002; Public Law 108-136 [National Defense
      Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392,
                           approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 1996 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
     reform acquisition laws and information technology management of the
                  Federal Government, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1996''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into five divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
              (4) Division D--Federal Acquisition Reform.
              (5) Division E--Information Technology Management
            Reform.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means--
              (1) the Committee on Armed Services and the Committee
            on Appropriations of the Senate; and
              (2) the Committee on Armed Services \1\ and the
            Committee on Appropriations of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \1\ Sec. 1067(6) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

    SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.

        In the case of any provision of this Act, or any amendment
    made by a provision of this Act, requiring the submission of a
    report to Congress (or any committee of Congress), that report
    shall be submitted not later than the later of--
              (1) the date established for submittal of the report
            in such provision or amendment; or
              (2) the date that is 45 days after the date of the
            enactment of this Act.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

              * * * * * * *

                           Subtitle B--Army Programs

    SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.

        Subsection (j) of section 21 of the Arms Export Control Act
    (22 U.S.C. 2761) is repealed.\2\
    ---------------------------------------------------------------------------
        \2\ See Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1996 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows: * * *
              (15) For Drug Interdiction and Counter-drug
            Activities, Defense-wide, $680,432,000.
        * * *
              (18) For Cooperative Threat Reduction programs,
            $300,000,000.
              (19) For Overseas Humanitarian, Disaster, and Civic
            Aid programs, $50,000,000.
              * * * * * * *

                           Subtitle G--Other Matters

              * * * * * * *

    SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL DEFENSE
                        PREPAREDNESS TO RESPOND TO EMERGENCIES RESULTING
                        FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
                        NUCLEAR ATTACK.

        (a) Report.--(1) Not later than March 1, 1996, the
    Secretary of Defense and the Secretary of Energy shall submit
    to Congress a joint report on the military and civil defense
    plans and programs of the Department of Defense to prepare for
    and respond to the effects of an emergency in the United States
    resulting from a chemical, biological, radiological, or nuclear
    attack on the United States (hereinafter in this section
    referred to as an ``attack-related civil defense emergency'').
        (2) The report shall be prepared in consultation with the
    Director of the Federal Emergency Management Agency.
        (b) Content of Report.--The report shall include the
    following:
              (1) A discussion of the military and civil defense
            plans and programs of the Department of Defense for
            preparing for and responding to an attack-related civil
            defense emergency arising from an attack of a type for
            which the Department of Defense has a primary
            responsibility to respond.
              (2) A discussion of the military and civil defense
            plans and programs of the Department of Defense for
            preparing for and providing a response to an attack-
            related civil defense emergency arising from an attack
            of a type for which the Department of Defense has
            responsibility to provide a supporting response.
              (3) A description of any actions, and any recommended
            legislation, that the Secretaries consider necessary
            for improving the preparedness of the Department of
            Defense to respond effectively to an attack-related
            civil defense emergency.
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1004. OPERATION PROVIDE COMFORT.

        (a) Authorization of Amounts Available.--Within the total
    amounts authorized to be appropriated in titles III and IV,
    there is hereby authorized to be appropriated for fiscal year
    1996 for costs associated with Operation Provide Comfort--
              (1) $136,300,000 for operation and maintenance costs;
            and
              (2) $7,000,000 for incremental military personnel
            costs.
        (b) Report.--Not more than $70,000,000 of the amount
    appropriated under subsection (a) may be obligated until the
    Secretary of Defense submits to the congressional defense
    committees a report on Operation Provide Comfort which includes
    the following:
              (1) A detailed presentation of the projected costs to
            be incurred by the Department of Defense for Operation
            Provide Comfort during fiscal year 1996, together with
            a discussion of missions and functions expected to be
            performed by the Department as part of that operation
            during that fiscal year.
              (2) A detailed presentation of the projected costs to
            be incurred by other departments and agencies of the
            Federal Government participating in or providing
            support to Operation Provide Comfort during fiscal year
            1996.
              (3) A discussion of available options to reduce the
            involvement of the Department of Defense in those
            aspects of Operation Provide Comfort that are not
            directly related to the military mission of the
            Department of Defense.
              (4) A plan establishing an exit strategy for United
            States involvement in, and support for, Operation
            Provide Comfort.
        (c) Operation Provide Comfort.--For purposes of this
    section, the term ``Operation Provide Comfort'' means the
    operation of the Department of Defense that as of October 30,
    1995, is designated as Operation Provide Comfort.

    SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.

        (a) Authorization of Amounts Available.--Within the total
    amounts authorized to be appropriated in titles III and IV,
    there is hereby authorized to be appropriated for fiscal year
    1996 for costs associated with Operation Enhanced Southern
    Watch--
              (1) $433,400,000 for operation and maintenance costs;
            and
              (2) $70,400,000 for incremental military personnel
            costs.
        (b) Report.--(1) Of the amounts specified in subsection
    (a), not more than $250,000,000 may be obligated until the
    Secretary of Defense submits to the congressional defense
    committees a report designating Operation Enhanced Southern
    Watch, or significant elements thereof, as a forward presence
    operation for which funding should be budgeted as part of the
    annual defense budget process in the same manner as other
    activities of the Armed Forces involving forward presence or
    forward deployed forces.
        (2) The report shall set forth the following:
              (A) The expected duration and annual costs of the
            various elements of Operation Enhanced Southern Watch.
              (B) Those elements of Operation Enhanced Southern
            Watch that are semi-permanent in nature and should be
            budgeted in the future as part of the annual defense
            budget process in the same manner as other activities
            of the Armed Forces involving forward presence or
            forward deployed forces.
              (C) The political and military objectives associated
            with Operation Enhanced Southern Watch.
              (D) The contributions (both in-kind and actual) by
            other nations to the costs of conducting Operation
            Enhanced Southern Watch.
        (c) Operation Enhanced Southern Watch.--For purposes of
    this section, the term ``Operation Enhanced Southern Watch''
    means the operation of the Department of Defense that as of
    October 30, 1995, is designated as Operation Enhanced Southern
    Watch.
              * * * * * * *

    SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM REVISED
                        ECONOMIC ASSUMPTIONS.

        (a) Reduction.--The total amount authorized to be
    appropriated in titles I, II, and III of this Act is hereby
    reduced by $832,000,000 to reflect savings from revised
    economic assumptions. Such reduction shall be made from
    accounts in those titles as follows: * * *
              Drug Interdiction and Counter-Drug Activities,
            Defense, $5,000,000.
              * * *
              Overseas Humanitarian, Disaster, and Civic Aid,
            $1,000,000.
              Former Soviet Union Threat Reduction, $2,000,000.
        (b) Reductions To Be Applied Proportionally.--Reductions
    under this section shall be applied proportionally to each
    budget activity, activity group, and subactivity group and to
    each program, project, and activity within each account.

                    Subtitle B--Naval Vessels and Shipyards

              * * * * * * *

    SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

        (a) Transfers by Grant.--The Secretary of the Navy is
    authorized to transfer on a grant basis under section 516 of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) frigates
    of the Oliver Hazard Perry class to other countries as follows:
              (1) To the Government of Bahrain, the guided missile
            frigate Jack Williams (FFG 24).
              (2) To the Government of Egypt, the frigate Copeland
            (FFG 25).
              (3) To the Government of Turkey, the frigates Clifton
            Sprague (FFG 16) and Antrim (FFG 20).
        (b) Transfers by Lease or Sale.--The Secretary of the Navy
    is authorized to transfer on a lease basis under section 61 of
    the Arms Export Control Act (22 U.S.C. 2796) or on a sale basis
    under section 21 of the Arms Export Control Act (22 U.S.C.
    2761) frigates of the Oliver Hazard Perry class to other
    countries as follows:
              (1) To the Government of Egypt, the frigate Duncan
            (FFG 10).
              (2) To the Government of Oman, the guided missile
            frigate Mahlon S. Tisdale (FFG 27).
              (3) To the Government of Turkey, the frigate Flatley
            (FFG 21).
              (4) To the Government of the United Arab Emirates,
            the guided missile frigate Gallery (FFG 26).
        (c) Financing for Transfers by Lease.--Section 23 of the
    Arms Export Control Act (22 U.S.C. 2763) may be used to provide
    financing for any transfer by lease under subsection (b) in the
    same manner as if such transfer were a procurement by the
    recipient nation of a defense article.
        (d) Costs of Transfers.--Any expense incurred by the United
    States in connection with a transfer authorized by subsection
    (a) or (b) shall be charged to the recipient.
        (e) Expiration of Authority.--The authority to transfer a
    vessel under subsection (a) and under subsection (b) shall
    expire at the end of the two-year period beginning on the date
    of the enactment of this Act, except that a lease entered into
    during that period under any provision of subsection (b) may be
    renewed.
        (f) Repair and Refurbishment in United States Shipyards.--
    The Secretary of the Navy shall require, as a condition of the
    transfer of a vessel under this section, that the country to
    which the vessel is transferred have such repair or
    refurbishment of the vessel as is needed, before the vessel
    joins the naval forces of that country, performed at a shipyard
    located in the United States, including a United States Navy
    shipyard.
        (g) Prohibition on Certain Transfers of Vessels on Grant
    Basis.--(1) Section 516 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2321j) \3\ is amended by adding at the end the
    following new subsection: * * *
    ---------------------------------------------------------------------------
        \3\ See Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (2) The amendment made by paragraph (1) shall apply with
    respect to the transfer of a vessel on or after the date of the
    enactment of this Act (other than a vessel the transfer of
    which is authorized by subsection (a) or by law before the date
    of the enactment of this Act).
              * * * * * * *

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                   UNION \4\

              * * * * * * *
    ---------------------------------------------------------------------------
        \4\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

                 TITLE XIII--MATTERS RELATING TO OTHER NATIONS

                      Subtitle A--Peacekeeping Provisions

    SEC. 1301. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED
                        STATES SHARE OF COSTS OF UNITED NATIONS
                        PEACEKEEPING ACTIVITIES.

        (a) In General.--Chapter 20 of title 10, United States
    Code, is amended by inserting after section 404 the following
    new section: * * * \5\
    ---------------------------------------------------------------------------
        \5\ This section added a new sec. 405 to 10 U.S.C.
    ---------------------------------------------------------------------------

                  Subtitle B--Humanitarian Assistance Programs

    SEC. 1311. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

        (a) Covered Programs.--For purposes of section 301 and
    other provisions of this Act, programs of the Department of
    Defense designated as Overseas Humanitarian, Disaster, and
    Civic Aid (OHDACA) programs are the programs provided by
    sections 401, 402, 404, 2547, and 2551 of title 10, United
    States Code.
        (b) GAO Report.--Not later than March 1, 1996, the
    Comptroller General of the United States shall provide to the
    congressional defense committees a report on--
              (1) existing funding mechanisms available to cover
            the costs associated with the Overseas Humanitarian,
            Disaster, and Civic Assistance activities through funds
            provided to the Department of State or the Agency for
            International Development, and
              (2) if such mechanisms do not exist, actions
            necessary to institute such mechanisms, including any
            changes in existing law or regulations.

    SEC. 1312.\6\ HUMANITARIAN ASSISTANCE. * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 1312 amended 10 U.S.C. 2551, now at 10 U.S.C. 2651.
    ---------------------------------------------------------------------------

    SEC. 1313.\7\ LANDMINE CLEARANCE PROGRAM. * * *
    ---------------------------------------------------------------------------

        \7\ Sec. 1313 amended 10 U.S.C. 401.
    ---------------------------------------------------------------------------
        (c) Repeal.--Section 1413 of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2913; 10 U.S.C. 401 note) is repealed.

                Subtitle C--Arms Exports and Military Assistance

    SEC. 1321. DEFENSE EXPORT LOAN GUARANTEES.

        (a) Establishment of Program.--(1) Chapter 148 of title 10,
    United States Code, is amended by adding at the end the
    following new subchapter: * * * \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 1321(a)(1) amended 10 U.S.C. 2540-2540d.
    ---------------------------------------------------------------------------
              * * * * * * *
        (b) \9\ Report.--Not later than two years after the date of
    the enactment of this Act, the President shall submit to
    Congress a report on the loan guarantee program established
    pursuant to section 2540 of title 10, United States Code, as
    added by subsection (a). The report shall include--
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 2540 note.
    ---------------------------------------------------------------------------
              (1) an analysis of the costs and benefits of the loan
            guarantee program; and
              (2) any recommendations for modification of the
            program that the President considers appropriate,
            including--
                      (A) any recommended addition to the list of
                    countries for which a guarantee may be issued
                    under the program; and
                      (B) any proposed legislation necessary to
                    authorize a recommended modification.
        (c) First Year Costs.--The Secretary of Defense shall make
    available, from amounts appropriated to the Department of
    Defense for fiscal year 1996 for operations and maintenance,
    such amounts as may be necessary, not to exceed $500,000, for
    the expenses of the Department of Defense during fiscal year
    1996 that are directly attributable to the administration of
    the defense export loan guarantee program under subchapter VI
    of chapter 148 of title 10, United States Code, as added by
    subsection (a).
        (d) Replenishment of Operations and Maintenance Accounts
    for First Year Costs.--The Secretary of Defense shall, using
    funds in the special account referred to in section 2540c(d) of
    title 10, United States Code (as added by subsection (b)),
    replenish operations and maintenance accounts for amounts
    expended from such accounts for expenses referred to in
    subsection (c).

    SEC. 1322.\10\ NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT
                        CONTROL POLICY.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \10\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
              (1) Export controls remain an important element of
            the national security policy of the United States.
              (2) It is in the national security interest that
            United States export control policy be effective in
            preventing the transfer, to potential adversaries or
            combatants of the United States, of technology that
            threatens the national security or defense of the
            United States.
              (3) It is in the national security interest that the
            United States monitor aggressively the export of
            militarily critical technology in order to prevent its
            diversion to potential adversaries or combatants of the
            United States.
              (4) The Department of Defense relies increasingly on
            commercial and dual-use technologies, products, and
            processes to support United States military
            capabilities and economic strength.
              (5) The maintenance of the military advantage of the
            United States depends on effective export controls on
            dual-use items and technologies that are critical to
            the military capabilities of the Armed Forces.
        (b)  Sense of Congress.--It is the sense of Congress that--
              (1) the Secretary of Defense should evaluate license
            applications for the export of militarily critical
            commodities the export of which is controlled for
            national security reasons if those commodities are to
            be exported to certain countries of concern;
              (2) the Secretary of Defense should identify the
            dual-use items and technologies that are critical to
            the military capabilities of the Armed Forces,
            including the military use made of such items and
            technologies;
              (3) upon identification by the Secretary of Defense
            of the dual-use items and technologies referred to in
            paragraph (2), the President should ensure effective
            export controls or use unilateral export controls on
            dual-use items and technologies that are critical to
            the military capabilities of the Armed Forces
            (regardless of the availability of such items or
            technologies overseas) with respect to the countries
            that--
                      (A) pose a threat to the national security
                    interests of the United States; and
                      (B) are not members in good standing of
                    bilateral or multilateral agreements to which
                    the United States is a party on the use of such
                    items and technologies; and
              (4) the President, upon recommendation of the
            Secretary of Defense, should ensure effective controls
            on the re-export by other countries of dual-use items
            and technologies that are critical to the military
            capabilities of the Armed Forces.
        (c) Annual Report.--(1) Not later than December 1 of each
    year through 1999, the President shall submit to the committees
    specified in paragraph (4) a report on the effect of the export
    control policy of the United States on the national security
    interests of the United States.
        (2) The report shall include the following:
              (A) A list setting forth each country determined by
            the Secretary of Defense, the intelligence community,
            and other appropriate agencies to be a rogue nation or
            potential adversary or combatant of the United States.
              (B) For each country so listed, a list of--
                      (i) the categories of items that the United
                    States currently prohibits for export to the
                    country;
                      (ii) the categories of items that may be
                    exported from the United States with an
                    individual license, and in such cases, any
                    licensing conditions normally required and the
                    policy grounds used for approvals and denials;
                    and
                      (iii) the categories of items that may be
                    exported under a general license designated
                    ``G-DEST''.
              (C) For each category of items listed under
            subparagraph (B)--
                      (i) a statement whether a prohibition,
                    control, or licensing requirement on a category
                    of items is imposed pursuant to an
                    international multilateral agreement or is
                    unilateral;
                      (ii) a statement whether a prohibition,
                    control, or licensing requirement on a category
                    of items is imposed by the other members of an
                    international agreement or is unilateral;
                      (iii) when the answer under either clause (i)
                    or clause (ii) is unilateral, a statement
                    concerning the efforts being made to ensure
                    that the prohibition, control, or licensing
                    requirement is made multilateral; and
                      (iv) a statement on what impact, if any, a
                    unilateral prohibition is having, or would
                    have, on preventing the rogue nation or
                    potential adversary from attaining the items in
                    question for military purposes.
              (D) A description of United States policy on sharing
            satellite imagery that has military significance and a
            discussion of the criteria for determining the imagery
            that has that significance.
              (E) A description of the relationship between United
            States policy on the export of space launch vehicle
            technology and the Missile Technology Control Regime.
              (F) An assessment of United States efforts to support
            the inclusion of additional countries in the Missile
            Technology Control Regime.
              (G) An assessment of the ongoing efforts made by
            potential participant countries in the Missile
            Technology Control Regime to meet the guidelines
            established by the Missile Technology Control Regime.
              (H) A discussion of the history of the space launch
            vehicle programs of other countries, including a
            discussion of the military origins and purposes of such
            programs and the current level of military involvement
            in such programs.
        (3) The President shall submit the report in unclassified
    form, but may include a classified annex.
        (4) The committees referred to in paragraph (1) are the
    following:
              (A) The Committee on Armed Services and the Committee
            on Foreign Relations of the Senate.
              (B) The Committee on National Security and the
            Committee on International Relations of the House of
            Representatives.
        (5) For purposes of this subsection, the term ``Missile
    Technology Control Regime'' means the policy statement
    announced on April 16, 1987, between the United States, the
    United Kingdom, the Federal Republic of Germany, France, Italy,
    Canada, and Japan to restrict sensitive missile-relevant
    transfers based on the Missile Technology Control Regime Annex,
    and any amendment thereto.

    SEC. 1323.\10\ DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES FOR
                        CERTAIN BIOLOGICAL PATHOGENS.

        (a) Department of Defense Review.--Any application to the
    Secretary of Commerce for a license for the export of a class
    2, class 3, or class 4 biological pathogen to a country
    identified to the Secretary under subsection (c) as a country
    that is known or suspected to have a biological weapons program
    shall be referred to the Secretary of Defense for review. The
    Secretary of Defense shall notify the Secretary of Commerce
    within 15 days after receipt of an application under the
    preceding sentence whether the export of such biological
    pathogen pursuant to the license would be contrary to the
    national security interests of the United States.
        (b) Denial of License if Contrary to National Security
    Interest.--A license described in subsection (a) shall be
    denied by the Secretary of Commerce if it is determined that
    the export of such biological pathogen to that country would be
    contrary to the national security interests of the United
    States.
        (c) Identification of Countries Known or Suspected To Have
    a Program To Develop Offensive Biological Weapons.--(1) The
    Secretary of Defense shall determine, for the purposes of this
    section, those countries that are known or suspected to have a
    program to develop offensive biological weapons. Upon making
    such determination, the Secretary shall provide to the
    Secretary of Commerce a list of those countries.
        (2) The Secretary of Defense shall update the list under
    paragraph (1) on a regular basis. Whenever a country is added
    to or deleted from such list, the Secretary shall notify the
    Secretary of Commerce.
        (3) Determination under this subsection of countries that
    are known or suspected to have a program to develop offensive
    biological weapons shall be made in consultation with the
    Secretary of State and the intelligence community.
        (d) Definition.--For purposes of this section, the term
    ``class 2, class 3, or class 4 biological pathogen'' means any
    biological pathogen that is characterized by the Centers for
    Disease Control as a class 2, class 3, or class 4 biological
    pathogen.

    SEC. 1324.\10\ ANNUAL REPORTS ON IMPROVING EXPORT CONTROL MECHANISMS
                        AND ON MILITARY ASSISTANCE.

        (a) Joint Reports by Secretaries of State and Commerce.--
    Not later than April 1 of each of 1996 and 1997, the Secretary
    of State and the Secretary of Commerce shall submit to Congress
    a joint report, prepared in consultation with the Secretary of
    Defense, relating to United States export-control mechanisms.
    Each such report shall set forth measures to be taken to
    strengthen United States export-control mechanisms, including--
              (1) steps being taken by each Secretary (A) to share
            on a regular basis the export licensing watchlist of
            that Secretary's department with the other Secretary,
            and (B) to incorporate the export licensing watchlist
            data received from the other Secretary into the
            watchlist of that Secretary's department;
              (2) steps being taken by each Secretary to
            incorporate into the watchlist of that Secretary's
            department similar data from systems maintained by the
            Department of Defense and the United States Customs
            Service; and
              (3) a description of such further measures to be
            taken to strengthen United States export-control
            mechanisms as the Secretaries consider to be
            appropriate.
        (b) Reports by Inspectors General.--(1) Not later than
    April 1 of each of 1996 and 1997, the Inspector General of the
    Department of State and the Inspector General of the Department
    of Commerce shall each submit to Congress a report providing
    that official's evaluation of the effectiveness during the
    preceding year of the export licensing watchlist screening
    process of that official's department. The reports shall be
    submitted in both a classified and unclassified version.
        (2) Each report of an Inspector General under paragraph (1)
    shall (with respect to that official's department)--
              (A) set forth the number of export licenses granted
            to parties on the export licensing watchlist;
              (B) set forth the number of end-use checks performed
            with respect to export licenses granted to parties on
            the export licensing watchlist the previous year;
              (C) assess the screening process used in granting an
            export license when an applicant is on the export
            licensing watchlist; and
              (D) assess the extent to which the export licensing
            watchlist contains all relevant information and parties
            required by statute or regulation.
        (c) Annual Military Assistance Report.--The Foreign
    Assistance Act of 1961 is amended by inserting after section
    654 (22 U.S.C. 2414) the following new section: * * * \11\
    ---------------------------------------------------------------------------
        \11\ Added sec. 655 to the Foreign Assistance Act of 1961,
    requiring an annual report on military assistance, military exports,
    and military imports. See Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1325. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF TRANSFER OF
                        CERTAIN WEAPONS.

        Not later than 30 days after the date of the enactment of
    this Act, the Secretary of Defense and the Secretary of Energy
    shall submit to the committees of Congress referred to in
    subsection (c) of section 1154 of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
    Stat. 1761) the report required under subsection (a) of that
    section. The Secretary of Defense and the Secretary of Energy
    shall include with the report an explanation of the failure of
    such Secretaries to submit the report in accordance with such
    subsection (a) and with all other previous requirements for the
    submittal of the report.

     Subtitle D--Burdensharing and Other Cooperative Activities Involving
                                Allies and NATO

    SEC. 1331. ACCOUNTING FOR BURDENSHARING CONTRIBUTIONS.

        (a) Authority To Manage Contributions in Local Currency,
    Etc.--Subsection (b) of section 2350j of title 10, United
    States Code, is amended to read as follows: * * *

    SEC. 1332. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR EXPENSES OF RELOCATION
                        WITHIN HOST NATION OF UNITED STATES ARMED FORCES
                        OVERSEAS.

        (a) In General.--(1) Subchapter II of chapter 138 of title
    10, United States Code, is amended by adding at the end the
    following new section: * * * \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 1332(a) added a new sec. 2350k to 10 U.S.C.
    ---------------------------------------------------------------------------
        (b) \13\ Effective Date.--Section 2350k of title 10, United
    States Code, as added by subsection (a), shall take effect on
    the date of the enactment of this Act and shall apply to
    contributions for relocation of elements of the Armed Forces in
    or to any nation received on or after such date.
    ---------------------------------------------------------------------------
        \13\ 10 U.S.C. 2350k note.
    ---------------------------------------------------------------------------

    SEC. 1333. REVISED GOAL FOR ALLIED SHARE OF COSTS FOR UNITED STATES
                        INSTALLATIONS IN EUROPE.

        Section 1304(a) of the National Defense Authorization Act
    for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) is
    amended--* * *

    SEC. 1334. EXCLUSION OF CERTAIN FORCES FROM EUROPEAN END STRENGTH
                        LIMITATION.

        (a) Exclusion of Members Performing Duties Under Military-
    To-Military Contact Program.--Paragraph (3) of section 1002(c)
    of the Department of Defense Authorization Act, 1985 (22 U.S.C.
    1928 note) is amended to read as follows: * * *

    SEC. 1335. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
                        ORGANIZATIONS.

        Section 2350b(e) of title 10, United States Code, is
    amended--* * *

    SEC. 1336. SUPPORT SERVICES FOR THE NAVY AT THE PORT OF HAIFA, ISRAEL.

        (a) Sense of Congress.--It is the sense of Congress that
    the Secretary of Defense should promptly seek to undertake such
    actions as are necessary--
              (1) to ensure that suitable port services are
            available to the Navy at the Port of Haifa, Israel; and
              (2) to ensure the availability to the Navy of
            suitable services at that port in light of the
            continuing increase in commercial activities at the
            port.
        (b) Report.--Not later than 30 days after the date of the
    enactment of this Act, the Secretary of the Navy shall submit
    to Congress a report on the availablity \14\ of port services
    for the Navy in the eastern Mediterranean Sea region. The
    report shall specify--
    ---------------------------------------------------------------------------
        \14\ As enrolled.
    ---------------------------------------------------------------------------
              (1) the services required by the Navy when calling at
            the port of Haifa, Israel; and
              (2) the availability of those services at ports
            elsewhere in the region.

                           Subtitle E--Other Matters

    SEC. 1341. PROHIBITION ON FINANCIAL ASSISTANCE TO TERRORIST COUNTRIES.

        (a) Prohibition.--Subchapter I of chapter 134 of title 10,
    United States Code, is amended by adding at the end the
    following: * * * \15\
    ---------------------------------------------------------------------------
        \15\ Sec. 1341(a) added a new sec. 2249a to 10 U.S.C. Sec. 1341(b)
    made a clerical amendment to the table of sections of 10 U.S.C.
    ---------------------------------------------------------------------------

    SEC. 1342.\16\ JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL FOR
                        YUGOSLAVIA AND TO THE INTERNATIONAL TRIBUNAL FOR
                        RWANDA.

        (a) Surrender of Persons.--
              (1) Application of united states extradition laws.--
            Except as provided in paragraphs (2) and (3), the
            provisions of chapter 209 of title 18, United States
            Code, relating to the extradition of persons to a
            foreign country pursuant to a treaty or convention for
            extradition between the United States and a foreign
            government, shall apply in the same manner and extent
            to the surrender of persons, including United States
            citizens, to--
    ---------------------------------------------------------------------------
        \16\ 18 U.S.C. 3181 note.
    ---------------------------------------------------------------------------
                      (A) the International Tribunal for
                    Yugoslavia, pursuant to the Agreement Between
                    the United States and the International
                    Tribunal for Yugoslavia; and
                      (B) the International Tribunal for Rwanda,
                    pursuant to the Agreement Between the United
                    States and the International Tribunal for
                    Rwanda.
              (2) Evidence on hearings.--For purposes of applying
            section 3190 of title 18, United States Code, in
            accordance with paragraph (1), the certification
            referred to in that section may be made by the
            principal diplomatic or consular officer of the United
            States resident in such foreign countries where the
            International Tribunal for Yugoslavia or the
            International Tribunal for Rwanda may be permanently or
            temporarily situated.
              (3) Payment of fees and costs.--(A) The provisions of
            the Agreement Between the United States and the
            International Tribunal for Yugoslavia and of the
            Agreement Between the United States and the
            International Tribunal for Rwanda shall apply in lieu
            of the provisions of section 3195 of title 18, United
            States Code, with respect to the payment of expenses
            arising from the surrender by the United States of a
            person to the International Tribunal for Yugoslavia or
            the International Tribunal for Rwanda, respectively, or
            from any proceedings in the United States relating to
            such surrender.
              (B) The authority of subparagraph (A) may be
            exercised only to the extent and in the amounts
            provided in advance in appropriations Acts.
              (4) Nonapplicability of the federal rules.--The
            Federal Rules of Evidence and the Federal Rules of
            Criminal Procedure do not apply to proceedings for the
            surrender of persons to the International Tribunal for
            Yugoslavia or the International Tribunal for Rwanda.
        (b) Assistance to Foreign and International Tribunals and
    to Litigants Before Such Tribunals.--Section 1782(a) of title
    28, United States Code, is amended * * *
        (c) Definitions.--For purposes of this section:
              (1) International tribunal for yugoslavia.--The term
            ``International Tribunal for Yugoslavia'' means the
            International Tribunal for the Prosecution of Persons
            Responsible for Serious Violations of International
            Humanitarian Law in the Territory of the Former
            Yugoslavia, as established by United Nations Security
            Council Resolution 827 of May 25, 1993.
              (2) International tribunal for rwanda.--The term
            ``International Tribunal for Rwanda'' means the
            International Tribunal for the Prosecution of Persons
            Responsible for Genocide and Other Serious Violations
            of International Humanitarian Law Committed in the
            Territory of Rwanda and Rwandan Citizens Responsible
            for Genocide and Other Such Violations Committed in the
            Territory of Neighboring States, as established by
            United Nations Security Council Resolution 955 of
            November 8, 1994.
              (3) Agreement between the united states and the
            international tribunal for yugoslavia.--The term
            ``Agreement Between the United States and the
            International Tribunal for Yugoslavia'' means the
            Agreement on Surrender of Persons Between the
            Government of the United States and the International
            Tribunal for the Prosecution of Persons Responsible for
            Serious Violations of International Law in the
            Territory of the Former Yugoslavia, signed at The
            Hague, October 5, 1994.
              (4) Agreement between the united states and the
            international tribunal for rwanda.--The term
            ``Agreement between the United States and the
            International Tribunal for Rwanda'' means the Agreement
            on Surrender of Persons Between the Government of the
            United States and the International Tribunal for the
            Prosecution of Persons Responsible for Genocide and
            Other Serious Violations of International Humanitarian
            Law Committed in the Territory of Rwanda and Rwandan
            Citizens Responsible for Genocide and Other Such
            Violations Committed in the Territory of Neighboring
            States, signed at The Hague, January 24, 1995.

    SEC. 1343. SEMIANNUAL REPORTS CONCERNING UNITED STATES-PEOPLE'S
                        REPUBLIC OF CHINA JOINT DEFENSE CONVERSION
                        COMMISSION.

        (a) Reports Required.--The Secretary of Defense shall
    submit to Congress a semiannual report on the United States-
    People's Republic of China Joint Defense Conversion Commission.
    Each such report shall include the following:
              (1) A description of the extent to which the
            activities conducted in, through, or as a result of the
            Commission could have directly or indirectly assisted,
            or may directly or indirectly assist, the military
            modernization efforts of the People's Republic of
            China.
              (2) A discussion of the activities and operations of
            the Commission, including--
                      (A) United States funding;
                      (B) a listing of participating United States
                    officials;
                      (C) specification of meeting dates and
                    locations (prospective and retrospective);
                      (D) summary of discussions; and
                      (E) copies of any agreements reached.
              (3) A discussion of the relationship between the
            ``defense conversion'' activities of the People's
            Republic of China and its defense modernization
            efforts.
              (4) A discussion of the extent to which United States
            business activities pursued, or proposed to be pursued,
            under the imprimatur of the Commission, or the
            importation of western technology in general,
            contributes to the modernization of China's military
            industrial base, including any steps taken by the
            United States or by United States commercial entities
            to safeguard the technology or intellectual property
            rights associated with any materials or information
            transferred.
              (5) An assessment of the benefits derived by the
            United States from its participation in the Commission,
            including whether or to what extent United States
            participation in the Commission has resulted or will
            result in the following:
                      (A) Increased transparency in the current and
                    projected military budget and doctrine of the
                    People's Republic of China.
                      (B) Improved behavior and cooperation by the
                    People's Republic of China in the areas of
                    missile and nuclear proliferation.
                      (C) Increased transparency in the plans of
                    the People's Republic of China's for nuclear
                    and missile force modernization and testing.
              (6) Efforts undertaken by the Secretary of Defense
            to--
                      (A) establish a list of enterprises
                    controlled by the People's Liberation Army,
                    including those which have been successfully
                    converted to produce products solely for
                    civilian use; and
                      (B) provide estimates of the total revenues
                    of those enterprises.
              (7) A description of current or proposed mechanisms
            for improving the ability of the United States to track
            the flow of revenues from the enterprises specified on
            the list established under paragraph (6)(A).
        (b) Submittal of Reports.--A report shall be submitted
    under subsection (a) not later than August 1 of each year with
    respect to the first six months of that year and shall be
    submitted not later than February 1 of each year with respect
    to the last six months of the preceding year. The first report
    under such subsection shall be submitted not less than 60 days
    after the date of the enactment of this Act and shall apply
    with respect to the six-month period preceding the date of the
    enactment of this Act.
        (c) Final Report Upon Termination of Commission.--Upon the
    termination of the United States-People's Republic of China
    Joint Defense Conversion Commission, the Secretary of Defense
    shall submit a final report under this section covering the
    period from the end of the period covered by the last such
    report through the termination of the Commission, and
    subsection (a) shall cease to apply after the submission of
    such report.

                      TITLE XIV--ARMS CONTROL MATTERS \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *
    ---------------------------------------------------------------------------
        \18\ Formerly at 22 U.S.C. 5952 note. Sec. 3141(f)(6) of the
    National Defense Authorization Act for Fiscal Year 2004 (Public Law
    108-136; 117 Stat. 1763) redesignated sec. 3131, granting authority to
    the Secretary of Energy to conduct programs relating to fissile
    materials, as sec. 4305 of Public Law 107-314, and at 50 U.S.C. 2565.
        Previously, sec. 3152 of Public Law 107-314 (116 Stat. 2738) struck
    out subsec. designation ``(a)'' and struck out subsec. (b), which had
    required the Secretary of Energy to report to Congress semiannually on
    the obligation of funds under this section.
    ---------------------------------------------------------------------------

       Subtitle C--Program Authorizations, Restrictions, and Limitations

    SEC. 3131.\18\ * * * [REDESIGNATED--2003]

              * * * * * * *

                           Subtitle D--Other Matters

    SEC. 3151. REPORT ON FOREIGN TRITIUM PURCHASES.

        (a) Report.--Not later than May 1, 1996, the President
    shall submit to the congressional defense committees a report
    on the feasibility of, the cost of, and the policy, legal, and
    other issues associated with purchasing tritium from various
    foreign suppliers in order to ensure an adequate supply of
    tritium in the United States for nuclear weapons.
        (b) Form of Report.--The report shall be submitted in
    unclassified form, but may contain a classified appendix.

    SEC. 3152.\19\ * * * [REDESIGNATED--2003]
    ---------------------------------------------------------------------------

        \19\ Formerly at 42 U.S.C. 2121 note, relating a study on nuclear
    test readiness postures. Sec. 3141(e)(9) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1759) redesignated sec. 3152 at 50 U.S.C. 2527 and at sec. 4208 of
    Public Law 107-314.
    ---------------------------------------------------------------------------

    SEC. 3153.\20\ * * * [REPEALED--1996]
    ---------------------------------------------------------------------------

        \20\ Formerly at 42 U.S.C. 2121 note. Sec. 3152(c) of Public Law
    105-85 (111 Stat. 2042) repealed sec. 3153, which had required the
    President to submit a master plan to Congress by March 15, 1996, for
    the certification, stewardship, and management of warheads in the
    nuclear weapons stockpile.
    ---------------------------------------------------------------------------

    SEC. 3154.\21\ * * * [REDESIGNATED--2003]

              * * * * * * *
    ---------------------------------------------------------------------------
        \21\ Formerly at 42 U.S.C. 2164 note. Sec. 3141(h)(2) of the
    National Defense Authorization Act for Fiscal Year 2004 (Public Law
    108-136; 117 Stat. 1771) redesignated sec. 3154, relating to a
    prohibition on international inspections of Department of Energy
    inspections, as sec. 4501 of Public Law 107-314, and as 50 U.S.C. 2651.
    ---------------------------------------------------------------------------

                    TITLE XXXV--PANAMA CANAL COMMISSION \22\

              * * * * * * *
    ---------------------------------------------------------------------------
        \22\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. G.
           q. National Defense Authorization Act for Fiscal Year 1995

    Partial text of Public Law 103-337 [S. 2182], 108 Stat. 2663, approved
       October 5, 1994; amended by Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
      approved February 10, 1996; Public Law 104-208 [Illegal Immigration
      Reform and Immigrant Responsibility Act of 1996; division C of the
     Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat.
      3009, approved September 30, 1996; Public Law 107-108 [Intelligence
      Authorization Act for Fiscal Year 2002; H.R. 2883], 115 Stat. 1394,
       approved December 28, 2001; Public Law 108-136 [National Defense
      Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392,
       approved November 24, 2003; Public Law 109-163 [National Defense
      Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136,
                            approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 1995 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1995''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

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

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

                               Note.--Secs. 1006 and 1007 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law

                             ``sec. 1006. authority for obligation of certain unauthorized fiscal year 1995 defense appropriations.
                               ``(a) Authority.--The amounts described in subsection (b) may be obligated and expended for programs,
                             projects, and activities of the Department of Defense in accordance with fiscal year 1995 defense
                             appropriations.
                               ``(b) Covered Amounts.--The amounts referred to in subsection (a) are the amounts provided for
                             programs, projects, and activities of the Department of Defense in fiscal year 1995 defense
                             appropriations that are in excess of the amounts provided for such programs, projects, and activities
                             in fiscal year 1995 defense authorizations.
                               ``(c) Definitions.--For the purposes of this section:
                                   ``(1) 1995 defense appropriations.--The term `fiscal year 1995 defense appropriations' means
                                amounts appropriated or otherwise made available to the Department of Defense for fiscal year 1995
                                in the Department of Defense Appropriations Act, 1995 (Public Law 103-335).
                                   ``(2) 1995 .--The term `fiscal year 1995 defense authorizations' means amounts authorized to be
                                appropriated for the Department of Defense for fiscal year 1995 in the National Defense
                                Authorization Act for Fiscal Year 1995 (Public Law 103-337).
                             ``sec. 1007. authorization of prior emergency supplemental appropriations for fiscal year 1995.
                               ``(a) Adjustment to Previous Authorizations.--Amounts authorized to be appropriated to the Department
                             of Defense for fiscal year 1995 in the National Defense Authorization Act for Fiscal Year 1995 (Public
                             Law 103-337) are hereby adjusted, with respect to any such authorized amount, by the amount by which
                             appropriations pursuant to such authorization were increased (by a supplemental appropriation) or
                             decreased (by a rescission), or both, in title I of the Emergency Supplemental Appropriations and
                             Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995
                             (Public Law 104-6; 109 Stat. 73).
                               ``(b) New Authorization.--The appropriation provided in section 104 of such Act (109 Stat. 79) is
                             hereby authorized.''.

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

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPROPRIATIONS FOR
                        FISCAL YEAR 1994.

        (a) Authorization of Prior Emergency Supplemental
    Appropriations.--Funds appropriated to the Department of
    Defense for fiscal year 1994 in chapter 3 of title I of the
    Emergency Supplemental Appropriations Act of 1994 (Public Law
    103-211; 108 Stat. 5) for the purposes stated in section 302 of
    such Act (108 Stat. 7), relating to the incremental and
    associated costs of the Department of Defense incurred in
    connection with ongoing United States operations relating to
    Somalia, Bosnia, Southwest Asia, and Haiti, are hereby
    authorized in amounts as follows:
              (1) For Military Personnel:
                      (A) For the Army, $6,600,000.
                      (B) For the Navy, $19,400,000.
                      (C) For the Air Force, $18,400,000.
              (2) For Operation and Maintenance:
                      (A) For the Army, $420,100,000.
                      (B) For the Navy, $104,800,000.
                      (C) For the Air Force, $560,100,000.
                      (D) For Defense-wide activities, $21,600,000.
              (3) For Procurement:
                      (A) For Aircraft Procurement, Army,
                    $20,300,000.
                      (B) For Other Procurement, Army, $200,000.
                      (C) For Other Procurement, Air Force,
                    $26,800,000.
        (b) Authorization of Supplemental Appropriations for Relief
    of Rwanda Refugees.--There is authorized to be appropriated to
    the Emergency Response Fund, Defense, as emergency supplemental
    appropriations for fiscal year 1994 the sum of $270,000,000 to
    be used to reimburse appropriations of the Department of
    Defense for costs incurred for emergency relief for Rwanda.
              * * * * * * *

                      Subtitle B--Counter-Drug Activities

              * * * * * * *

    SEC. 1012.\2\ OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND AGENTS OF
                        THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN
                        INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG
                        TRAFFICKING.

        (a) Employees and Agents of Foreign Countries.--
    Notwithstanding any other provision of law, it shall not be
    unlawful for authorized employees or agents of a foreign
    country (including members of the armed forces of that country)
    to interdict or attempt to interdict an aircraft in that
    country's territory or airspace if--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2291-4.
        On December 1, 1994, the President issued a determination ``with
    respect to Colombia that: (a) interdiction of aircraft reasonably
    suspected to be primarily engaged in illicit drug trafficking in that
    country's airspace is necessary because of the extraordinary threat
    posed by illicit drug trafficking to the national security of that
    country; and (b) that country has appropriate procedures in place to
    protect against innocent loss of life in the air and on the ground in
    connection with such interdiction, which shall at a minimum include
    effective means to identify and warn an aircraft before the use of
    force is directed against the aircraft.'' (Presidential Determination
    No. 95-7; 59 F.R. 64835).
        A similar determination was issued relating to Peru on December 8,
    1994 (Presidential Determination No. 95-9; 59 F.R. 65231).
    ---------------------------------------------------------------------------
              (1) that aircraft is reasonably suspected to be
            primarily engaged in illicit drug trafficking; and
              (2) the President of the United States has, during
            the 12-month period ending on the date of the
            interdiction, certified to Congress \3\ with respect to
            that country that--
    ---------------------------------------------------------------------------
        \3\ Sec. 503(a) of Public Law 107-108 (115 Stat. 1405) struck out
    ``, before the interdiction occurs, has determined'' and inserted in
    lieu thereof ``has, during the 12-month period ending on the date of
    the interdiction, certified to Congress''.
    ---------------------------------------------------------------------------
                      (A) interdiction is necessary because of the
                    extraordinary threat posed by illicit drug
                    trafficking to the national security of that
                    country; and
                      (B) the country has appropriate procedures in
                    place to protect against innocent loss of life
                    in the air and on the ground in connection with
                    interdiction, which shall at a minimum include
                    effective means to identify and warn an
                    aircraft before the use of force directed
                    against the aircraft.
        (b) Employees and Agents of the United States.--
    Notwithstanding any other provision of law, it shall not be
    unlawful for authorized employees or agents of the United
    States (including members of the Armed Forces of the United
    States) to provide assistance for the interdiction actions of
    foreign countries authorized under subsection (a). The
    provision of such assistance shall not give rise to any civil
    action seeking money damages or any other form of relief
    against the United States or its employees or agents (including
    members of the Armed Forces of the United States).
        (c) \4\ Annual Report.--(1) Not later than February 1 each
    year, the President shall submit to Congress a report on the
    assistance provided under subsection (b) during the preceding
    calendar year. Each report shall include for the calendar year
    covered by such report the following:
    ---------------------------------------------------------------------------
        \4\ Sec. 503(b) of Public Law 107-108 (115 Stat. 1405) redesignated
    subsec. (c) as subsec. (d), and added a new subsec. (c).
    ---------------------------------------------------------------------------
              (A) A list specifying each country for which a
            certification referred to in subsection (a)(2) was in
            effect for purposes of that subsection during any
            portion of such calendar year, including the nature of
            the illicit drug trafficking threat to each such
            country.
              (B) A detailed explanation of the procedures referred
            to in subsection (a)(2)(B) in effect for each country
            listed under subparagraph (A), including any training
            and other mechanisms in place to ensure adherence to
            such procedures.
              (C) A complete description of any assistance provided
            under subsection (b).
              (D) A summary description of the aircraft
            interception activity for which the United States
            Government provided any form of assistance under
            subsection (b).
        (2) Each report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.
        (d) \4\ Definitions.--For purposes of this section:
              (1) The terms ``interdict'' and ``interdiction'',
            with respect to an aircraft, mean to damage, render
            inoperative, or destroy the aircraft.
              (2) The term ``illicit drug trafficking'' means
            illicit trafficking in narcotic drugs, psychotropic
            substances, and other controlled substances, as such
            activities are described by any international narcotics
            control agreement to which the United States is a
            signatory, or by the domestic law of the country in
            whose territory or airspace the interdiction is
            occurring.
              (3) The term ``assistance'' includes operational,
            training, intelligence, logistical, technical, and
            administrative assistance.
              * * * * * * *

                          Subtitle D--POW/MIA Matters

    SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT AND COLD WAR
                        POW/MIAS WHO REMAIN UNACCOUNTED FOR.

        (a) Single Point of Contact.--The Secretary of Defense
    shall designate an official of the Department of Defense to
    serve as a single point of contact within the department--
              (1) for the immediate family members (or their
            designees) of any unaccounted-for Korean conflict POW/
            MIA; and
              (2) for the immediate family members (or their
            designees) of any unaccounted-for Cold War POW/MIA.
        (b) Functions.--The official designated under subsection
    (a) shall serve as a liaison between the family members of
    unaccounted-for Korean conflict POW/MIAs and unaccounted-for
    Cold War POW/MIAs and the Department of Defense and other
    Federal departments and agencies that may hold information that
    may relate to such POW/MIAs. The functions of that official
    shall include assisting family members--
              (1) with the procedures the family members may follow
            in their search for information about the unaccounted-
            for Korean conflict POW/MIA or unaccounted-for Cold War
            POW/MIA, as the case may be;
              (2) in learning where they may locate information
            about the unaccounted-for POW/MIA; and
              (3) in learning how and where to identify classified
            records that contain pertinent information and that
            will be declassified.
        (c) Assistance in Obtaining Declassification.--The official
    designated under subsection (a) shall seek to obtain the rapid
    declassification of any relevant classified records that are
    identified.
        (d) Repository.--The official designated under subsection
    (a) shall provide all documents relating to unaccounted-for
    Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs
    that are located as a result of the official's efforts to the
    National Archives and Records Administration, which shall
    locate them in a centralized repository.
        (e) Definitions.--For purposes of this section:
              (1) The term ``unaccounted-for Korean conflict POW/
            MIA'' means a member of the Armed Forces or civilian
            employee of the United States who, as a result of
            service during the Korean conflict, was at any time
            classified as a prisoner of war or missing-in-action
            and whose person or remains have not been returned to
            United States control and who remains unaccounted for.
              (2) The term ``unaccounted-for Cold War POW/MIA''
            means a member of the Armed Forces or civilian employee
            of the United States who, as a result of service during
            the period from September 2, 1945, to August 21, 1991,
            was at any time classified as a prisoner of war or
            missing-in-action and whose person or remains have not
            been returned to United States control and who remains
            unaccounted for.
              (3) The term ``Korean conflict'' has the meaning
            given such term in section 101(9) of title 38, United
            States Code.

    SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT
                        RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW
                        CONCERNING MISSING PERSONS.

        (a) Review.--The Secretary of Defense shall conduct a
    review of the provisions of chapter 10 of title 37, United
    States Code, relating to missing persons.
        (b) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit to Congress a
    report containing the Secretary's recommendations as to whether
    those provisions of law should be amended.
        (c) Consultation.--The review under subsection (a) shall be
    carried out in consultation with the Secretaries of the
    military departments.

    SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE MINISTRY
                        OF NATIONAL DEFENSE OF CHINA ON POW/MIA ISSUES.

        (a) Findings.--Congress makes the following findings:
              (1) The Select Committee on POW/MIA Affairs of the
            Senate, in its final report, dated January 13, 1993,
            concluded--
                      (A) that ``many American POWs had been held
                    in China during the Korean conflict and that
                    foreign POW camps in both China and North Korea
                    were run by Chinese officials''; and
                      (B) that ``given the fact that only 26 Army
                    and 15 Air Force personnel returned from China
                    following the war, the committee can now firmly
                    conclude that the People's Republic of China
                    surely has information on the fate of other
                    unaccounted for American POWs from the Korean
                    conflict.''.
              (2) The Select Committee on POW/MIA Affairs
            recommended in that report that ``the Department of
            State and Defense form a POW/MIA task force on China
            similar to Task Force Russia.''.
              (3) Neither the Department of Defense nor the
            Department of State has held substantive discussions
            with officials from the People's Republic of China
            concerning unaccounted for American prisoners of war of
            the Korean conflict.
        (b) Sense of Congress.--It is the sense of Congress that
    the Secretary of Defense should establish contact with
    officials of the Ministry of Defense of the People's Republic
    of China regarding unresolved issues relating to American
    prisoners of war and American personnel missing in action as a
    result of the Korean conflict.

    SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES
                        PERSONNEL OF THE VIETNAM CONFLICT.

        (a) Requirement.--Not later than 45 days after the date of
    the enactment of this Act, the Secretary of Defense shall
    submit to Congress a report containing the information
    specified in subsection (b) pertaining to United States
    personnel involved in the Vietnam conflict who remain not
    accounted for.
        (b) Required Information.--The information to be provided
    in the report under subsection (a) is as follows:
              (1) A complete listing by name of all such personnel
            about whom it is possible that officials of the
            Socialist Republic of Vietnam can produce additional
            information or remains that could lead to the maximum
            possible accounting for those personnel, as determined
            on the basis of all information available to the United
            States Government.
              (2) A complete listing by name of all such personnel
            about whom it is possible that officials of the Lao
            People's Democratic Republic can produce additional
            information or remains that could lead to the maximum
            possible accounting for those personnel, as determined
            on the basis of all information available to the United
            States Government.

    SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.

        (a) Findings.--Congress makes the following findings:
              (1) The Select Committee on POW/MIA Affairs of the
            Senate concluded in its final report, dated January 13,
            1993, that ``it is likely that a large number of
            possible MIA remains can be repatriated and several
            records and documents on unaccounted for POW's and
            MIA's can be provided from North Korea once a joint
            working level commission is set up under the leadership
            of the United States.''.
              (2) The Select Committee recommended in such report
            that ``the Departments of State and Defense take
            immediate steps to form this commission through the
            United Nations Command at Panmunjom, Korea'' and that
            the ``commission should have a strictly humanitarian
            mission and should not be tied to political
            developments on the Korean peninsula.''.
              (3) In August 1993, the United States and North Korea
            entered into an agreement concerning the repatriation
            of remains of United States personnel.
              (4) The establishment of a joint working level
            commission with North Korea could enhance the prospects
            for results under the August 1993 agreement.
        (b) Report.--The Secretary of Defense shall, at the end of
    January and September of 1995, submit a report to Congress on
    the status of efforts to obtain information from North Korea
    concerning United States personnel involved in the Korean
    conflict who remain not accounted for and to obtain from North
    Korea any remains of such personnel.
        (c) Commission.--The President shall give serious
    consideration to establishing a joint working level commission
    with North Korea, consistent with the recommendations of the
    Select Committee on POW/MIA Affairs of the Senate set forth in
    the final report of the committee, dated January 13, 1993, to
    resolve the remaining issues relating to United States
    personnel who became prisoners of war or missing in action
    during the Korean conflict.
              * * * * * * *

    SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED
                        STATES PERSONNEL FROM THE KOREAN CONFLICT, THE
                        VIETNAM ERA, AND THE COLD WAR.

        Section 1082 of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401
    note) is amended--* * *
              * * * * * * *

                           Subtitle G--Other Matters

              * * * * * * *

    SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS
                        OF TAIWAN.

        It is the sense of Congress that no visa should be denied
    for a high-level official of Taiwan to enter the United States
    unless the official is otherwise inadmissible \5\ under the
    immigration laws of the United States.
    ---------------------------------------------------------------------------
        \5\ Sec. 308(d)(3)(D) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
    110 Stat. 3009) struck out ``excludable'' and inserted in lieu thereof
    ``inadmissible''.
    ---------------------------------------------------------------------------
              * * * * * * *

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                   UNION \6\

              * * * * * * *
    ---------------------------------------------------------------------------
        \6\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

            TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                      Subtitle A--Matters Relating to NATO

              * * * * * * *

    SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.

        (a) Findings.--Congress makes the following findings:
              (1) The North Atlantic Treaty Organization has served
            as a bulwark of peace, security, and democracy for the
            United States and the members of the alliance since
            1949.
              (2) The unswerving resolve of the member states of
            the North Atlantic Treaty Organization to mutual
            defense against the threat of communist aggression was
            central to the demise of the Warsaw Pact.
              (3) The North Atlantic Treaty Organization is the
            most successful international security organization in
            history and is well suited to help marshal cooperative
            political, diplomatic, economic, and humanitarian
            efforts, buttressed by credible military capability
            aimed at deterring conflict, and thus contributing to
            international peace and security.
              (4) The threat of instability in Eastern and Central
            Europe, as well as in the Southern and Eastern
            Mediterranean, continues to pose a fundamental
            challenge to the interests of the member states of the
            North Atlantic Treaty Organization.
              (5) North Atlantic Treaty Organization assets have
            been deployed in recent years for more than the
            territorial defense of alliance members, and the Rome
            Summit of October 1991 adopted a new strategic concept
            for the North Atlantic Treaty Organization that
            entertained the possibility of operations beyond the
            alliance's self-defense area.
              (6) In Oslo in July 1992, and in Brussels in December
            1992, the alliance embraced the deployment of North
            Atlantic Treaty Organization forces to peacekeeping
            operations under the auspices of the United Nations or
            the Conference on Security and Cooperation in Europe.
              (7) The North Atlantic Treaty Organization should
            attempt to cooperate with and seek a mandate from
            international organizations such as the United Nations
            when considering responses to crises outside the
            alliances's self-defense area.
              (8) Not all members of the international community
            share a commonality of interests that would ensure
            timely action by the United Nations Security Council.
              (9) It is critical that the security interests of the
            member countries of the North Atlantic Treaty
            Organization not be held hostage to indecision at the
            United Nations or a veto by a permanent member of the
            Security Council.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) it should be the policy of the United States
            that, in accordance with article 53 of the United
            Nations Charter, the North Atlantic Treaty Organization
            retains the right of autonomy of action regarding
            missions in addition to collective defense should the
            United Nations Security Council or the Conference on
            Security and Cooperation in Europe fail to act;
              (2) while it is desirable to work with other
            international organizations and arrangements where
            feasible in dealing with threats to the peace, the
            North Atlantic Treaty Organization is not an auxiliary
            to the United Nations or any other organization; and
              (3) the member states of the North Atlantic Treaty
            Organization reserve the right to act collectively in
            defense of their vital interests.

    SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

        (a) End Strength.--Paragraph (1) of section 1002(c) of the
    Department of Defense Authorization Act, 1985 (22 U.S.C. 1928
    note), is amended to read as follows: * * *
        (b) Exclusion of Certain Island-Based Troops in Calculation
    of Authorized End Strength.--Such section is further amended by
    adding at the end the following new paragraph: * * *
        (c) Conforming Amendment.--Section 1303 of the National
    Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
    484; 106 Stat. 2546) is repealed.
        (d) Effective Date.--The amendment made by subsection (a)
    shall take effect on October 1, 1995.

    SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.

        (a) Goal for Allied Contributions.--In continuing efforts
    to enter into revised host-nation agreements as described in
    section 1301(e) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and
    section 1401(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the
    President shall seek to have European member nations of NATO
    assume an increased share of the nonpersonnel costs for United
    States military installations in those nations so that (1) \7\
    by September 30, 1996, those nations have assumed 37.5 percent
    of such costs, and (2) by September 30, 1997, those nations
    have assumed 42.5 percent of such costs.
    ---------------------------------------------------------------------------
        \7\ Sec. 1333 of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 484) inserted clause
    designation ``(1)'' and added clause (2).
    ---------------------------------------------------------------------------
        (b) Definitions.--For purposes of this section:
              (1) The term ``nonpersonnel costs'', with respect to
            United States military installations in European member
            nations of NATO, means costs for those installations
            other than costs paid from military personnel accounts.
              (2) The term ``contributions'', with respect to the
            share of such nonpersonnel costs assumed by the
            European member nations of NATO, means those cash and
            in-kind contributions made by such nations that replace
            expenditures that would otherwise be made by the
            Secretary using funds appropriated or otherwise made
            available in defense appropriations Acts.

    SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS
                        MILITARY FACILITIES TO NATO HOST COUNTRIES.

        (a) Findings.--Congress makes the following findings:
              (1) The United States has invested $6,500,000,000 in
            military infrastructure in North Atlantic Treaty
            Organization (NATO) countries.
              (2) As part of an overall plan to reduce United
            States troop strength overseas, the Department of
            Defense plans to close, or reduce United States
            military presence at, 867 military sites outside the
            United States.
              (3) Most of the military sites outside the United
            States announced for closure are in Europe, where the
            United States has already closed 434 such sites while
            carrying out a reduction in troop strength in Europe
            from 323,432 in 1987 to approximately 100,000 by the
            end of fiscal year 1996.
              (4) When the United States closes military sites in
            Europe, it leaves buildings, roads, sewers, and other
            real property improvements behind.
              (5) Some of the European NATO allies have agreed to
            pay the United States for the residual value of the
            real property improvements left behind.
              (6) Although the United States military drawdown has
            been rapid since 1990, European allies have been slow
            to pay the United States the residual value of the
            sites released by the United States.
              (7) As of 1994, the United States has recouped only
            $33,300,000 in cash, most of which was recovered in
            1989.
              (8) Although the United States has released to
            Germany over 60 percent of the military sites planned
            for closure by the United States in that country and
            the current value of United States facilities to be
            returned to the German government is estimated at
            approximately $2,700,000,000, the German government has
            budgeted only $25,000,000 for fiscal year 1994 for
            payment of compensation for the United States
            investment in those facilities.
        (b) Policy.--It is the sense of Congress that--
              (1) the President should redouble efforts to recover
            the value of the United States investment in the
            military infrastructure in NATO countries;
              (2) the President should enter into negotiations with
            the government of each NATO host country with a
            presumption that payments to compensate the United
            States for the negotiated value of improvements will be
            made in cash and deposited in the Department of Defense
            Overseas Military Facility Investment Recovery Account;
              (3) the President should enter into negotiations for
            payments-in-kind only as a last resort and only after
            informing the Congress that negotiations for cash
            payments have not been successful; and
              (4) to the extent that in-kind contributions are
            received in lieu of cash payments in any fiscal year,
            the in-kind contributions should be used for projects
            that are identified priorities of the Department of
            Defense.
        (c) * * *

    SEC. 1306.\8\ GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

        (a) Waiver of Charges.--The Secretary of Defense may waive
    reimbursement of the costs of conferences, seminars, courses of
    instruction, or similar educational activities of the George C.
    Marshall European Center for Security Studies for military
    officers and civilian officials from states located in Europe
    or the territory of the former Soviet Union \9\ if the
    Secretary determines that attendance by such personnel without
    reimbursement is in the national security interest of the
    United States.
    ---------------------------------------------------------------------------
        \8\ 10 U.S.C. 113 note. Sec. 903(c)(1) of Public Law 109-163 (119
    Stat. 3399) struck out subsec. (a), redesignated subsec. (b) as subsec.
    (a), struck out para. designation ``(1)'' in redesignated subsec. (a),
    and redesignated para. (2) as new subsec. (b). Sec. 903(a)(1) of that
    Act added a new sec. 2611 to title 10 U.S.C., relating to regional
    centers for security studies and acceptance of gifts and donations,
    including the George C. Marshall European Center for Security Studies.
        \9\ Sec. 1223 of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1652) struck out ``of
    cooperation partner states of the North Atlantic Cooperation Council or
    the Partnership for Peace'' and inserted in lieu thereof ``from states
    located in Europe or the territory of the former Soviet Union''.
    ---------------------------------------------------------------------------
        (b) \10\ Source of Funds.--Costs for which reimbursement is
    waived pursuant to subsection (a) \10\ shall be paid from
    appropriations available for the Center.
    ---------------------------------------------------------------------------
        \10\ Sec. 903(c)(1) of Public Law 109-163 (119 Stat. 3399) inserted
    ``Source of Funds.--'' before ``Costs for'' in the newly designated
    subsec. (b), and struck out ``paragraph (1) and inserted in lieu
    thereof ``subsection (a)''.
    ---------------------------------------------------------------------------

    SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN ALLIED
                        DEFENSE COOPERATION.

        It is the sense of the Senate that the President should use
    existing authorities to the greatest extent possible to
    authorize the provision of the following types of assistance
    and cooperation to countries that are participating in the
    Partnership for Peace and are making significant progress in
    working with the North Atlantic Treaty Organization:
              (1) Defense articles and services, as defined in the
            Foreign Assistance Act of 1961 and the Arms Export
            Control Act.
              (2) Loan of materials, supplies, and equipment for
            research and development purposes.
              (3) Leases and loans of major defense equipment and
            other defense articles.
              (4) Cooperative military airlift agreements.
              (5) The procurement of communications support and
            related supplies and services.
              (6) Actions to standardize equipment with North
            Atlantic Treaty Organization members.

               Subtitle B--Matters Relating to Several Countries

    SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING
                        ACTIVITIES.

        (a) Limitation.--The total amount authorized to be
    appropriated to the Department of Defense for operation and
    maintenance and for military construction (including
    construction and improvement of military family housing) that
    is obligated to conduct overseas basing activities during
    fiscal year 1995 may not exceed $8,181,000,000, except to the
    extent provided by the Secretary of Defense under subsection
    (b).
        (b) Exception.--The Secretary of Defense may increase the
    amount of the limitation under subsection (a) by such amount as
    the Secretary determines to be necessary in the national
    interest, except that such increase may not exceed
    $400,000,000. The Secretary may not make any such increase
    until the Secretary notifies the Congress of the Secretary's
    intent to make such an increase and a period of 15 days elapses
    after the day on which the notification is received by the
    Congress.
        (c) Allocations of Savings.--Any amounts appropriated to
    the Department of Defense for fiscal year 1995 for the purposes
    covered by subsection (a) that are not available to be used for
    those purposes by reason of the limitation in that subsection
    shall be allocated by the Secretary of Defense for operation
    and maintenance and for military construction activities of the
    Department of Defense at military installations and facilities
    located inside the United States.
        (d) Definition.--In this section, the term ``overseas
    basing activities'' has the meaning given such term in section
    1401(d)(2) of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160; 107 Stat. 1825), except that
    such term does not include activities of the Department of
    Defense for which funds are provided through appropriations for
    Military Personnel.

    SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END
                        STRENGTH LIMITATION.

        (a) In General.--(1) Chapter 3 of title 10, United States
    Code, is amended by inserting after section 123a the following
    new section:

    ``Sec. 123b. Forces stationed abroad: limitation on number * * *''

        (b) Effective Date.--Section 123b of title 10, United
    States Code, as added by subsection (a), does not apply with
    respect to a fiscal year before fiscal year 1996.
        (c) Conforming Repeal.--Section 1302 of the National
    Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
    484; 106 Stat. 2545) is repealed.

    SEC. 1313.\11\ COST-SHARING POLICY AND REPORT.

        (a) Policy.--It is the policy of the United States that the
    North Atlantic Treaty Organization (NATO) allies should assist
    the United States in paying the incremental costs incurred by
    the United States for maintaining members of the Armed Forces
    in assignments to permanent duty ashore in European member
    nations of NATO solely for support of NATO roles and missions.
    ---------------------------------------------------------------------------
        \11\ 10 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
        (b) Implementation.--The President shall take all necessary
    actions to ensure the effective implementation of the policy
    set forth in subsection (a).
        (c) Report.--The Secretary of Defense shall include in the
    annual report required by section 1002(d) of the Department of
    Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the
    following:
              (1) A description of the United States military
            forces assigned to permanent duty ashore in European
            member nations of NATO and an analysis of the cost of
            providing and maintaining such forces in such
            assignment primarily for support of NATO roles and
            missions.
              (2) A description of the United States military
            forces assigned to permanent duty ashore in European
            member nations of NATO primarily in support of other
            United States interests in other regions of the world
            and an analysis of the cost of providing and
            maintaining such forces in such assignment primarily
            for that purpose.
              (3) A specific enumeration and description of the
            offsets to United States costs of providing and
            maintaining United States military forces in Europe
            that the United States received from other NATO member
            nations in the fiscal year covered by the report, set
            out by country and by type of assistance, including
            both in-kind assistance and direct cash reimbursement,
            and the projected offsets for the five fiscal years
            following the fiscal year covered by the report.
        (d) Incremental Costs Defined.--For purposes of subsection
    (a), the definition provided for the term ``incremental costs''
    in section 1046 of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993, as added by subsection (e), shall
    apply with respect to maintaining members of the Armed Forces
    in assignments to permanent duty ashore in European member
    nations of NATO in the same manner as such term applies with
    respect to permanent stationing ashore of United States forces
    in foreign nations for purposes of subsection (e)(4) of such
    section 1046.
        (e) Definition for Reporting Requirement.--Section 1046 of
    the National Defense Authorization Act for Fiscal Years 1992
    and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928
    note) is amended by adding at the end the following new
    subsection: * * *

    SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CONSEQUENCES OF
                        UNITED STATES MILITARY COOPERATION PROGRAMS.

        (a) Report.--The Secretary of Defense shall submit to
    Congress a report assessing the national security consequences
    of United States military cooperation programs. The report
    shall be submitted not later than the date of the submission to
    Congress of the next annual report of the Secretary of Defense
    submitted under section 113 of title 10, United States Code,
    after the date of the enactment of this Act.
        (b) Matters To Be Included.--The report under subsection
    (a) shall include the following:
              (1) A description of cooperative military
            relationships in effect.
              (2) A description of how activities under those
            relationships are intended to improve United States
            national security.
              (3) An assessment of the risks to the United States
            associated with engaging in military cooperation
            programs with foreign countries should the government
            of any of such country change its political orientation
            in a manner hostile to United States interests.
              (4) An analysis of the effect on United States
            national security of possible multilateral actions to
            reduce the military capability of governments and
            military forces that could pose a future threat to
            United States interests.
              (5) An assessment of any implications for regional
            security effected by existing cooperative military
            relationships.
        (c) Form of Report.--The report under subsection (a) shall
    be submitted in unclassified form and, to the extent necessary,
    in classified form.

    SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE PROGRAMS
                        RELATING TO REGIONAL SECURITY AND HOST NATION
                        DEVELOPMENT IN THE WESTERN HEMISPHERE.

        (a) Findings.--Congress makes the following findings:
              (1) The political environment in the Western
            Hemisphere has been characterized in recent years by
            significant democratic advances and an absence of
            international strife, but democracy in some nations of
            the region is fragile.
              (2) It is desirable for the Department of Defense to
            perform a positive role in influencing the defense
            establishments and military forces of nations in the
            Western Hemisphere to make positive contributions to
            the democratic process and to domestic development
            programs of their respective nations.
              (3) Congress receives a number of annual reports
            relating to specific authorities granted to the
            Secretary of Defense under title 10, United States
            Code, such as the authorities relating to the conduct
            of bilateral or regional cooperation programs under
            section 1051 of that title, participation of developing
            countries in combined exercises under section 2010 of
            that title, and the training of special operations
            forces with friendly forces under section 2011 of that
            title.
              (4) The annual reports are replete with statistics
            and dollar figures and generally lacking in substance.
              (5) Congress does not receive annual reports with
            respect to other authorities of the Secretary of
            Defense, such as that relating to Latin American
            cooperation under section 1050 of title 10, United
            States Code.
              (6) Testimony before Congress (including in
            particular the testimony of the commander of the United
            States Southern Command and the commander of the United
            States Atlantic Command) has emphasized the conduct of
            a large number of complementary programs under the
            leadership and supervision of those two commanders to
            foster appropriate military roles in democratic host
            nations and to assist countries in developing forces
            properly trained to address their security needs,
            including needs regarding illegal immigration,
            insurgencies, smuggling of illegal arms, munitions, and
            explosives across borders, and drug trafficking.
              (7) Most of the programs referred to in paragraph (6)
            provide excellent and often unique training and
            experience to the United States forces involved.
              (8) Military-to-military contact programs in the
            Western Hemisphere provide another tool to encourage a
            democratic orientation of the defense establishments
            and military forces of countries in the region.
              (9) There is a need for the Secretary of Defense to
            conduct a comprehensive review of the several
            authorities in title 10, United States Code, for the
            Secretary of Defense to engage in cooperative regional
            security programs with other countries in the Western
            Hemisphere in order to determine whether the
            authorities continue to be appropriate and necessary,
            particularly in the light of the changed circumstances
            in the region.
              (10) There is a need for the Secretary of Defense to
            conduct a comprehensive review of various programs
            carried out pursuant to such authorities to ensure that
            such programs are designed to meet the needs of the
            host nations involved and the regional strategic and
            foreign policy objectives of the United States,
            including promotion of sustainable development,
            effective control of the military by elected civilian
            authorities, reliable regional security accords, and
            the appropriate role for militaries in democratic
            societies.
              (11) There is a need for the Secretary of Defense to
            assess the strengths and weaknesses of the various
            regional security organizations, defense forums, and
            defense education institutions in the Western
            Hemisphere in order to identify any improvements needed
            to harmonize the defense policies of the United States
            and those of friendly nations of the region.
        (b) Review and Report.--Not later than May 1, 1995, the
    Secretary of Defense, shall--
              (1) in consultation with the Chairman of the Joint
            Chiefs of Staff and the commanders of the combatant
            commands responsible for regions in the Western
            Hemisphere, carry out a comprehensive review and
            assessment of the matters referred to in paragraphs
            (2), (9), (10), and (11) of subsection (a); and
              (2) submit to Congress a report on the review and
            assessment carried out pursuant to paragraph (1).
        (c) Content of Report.--The report shall contain a detailed
    and comprehensive description, discussion, and analysis of the
    following:
              (1) The Department of Defense plan to support United
            States strategic objectives in the Western Hemisphere.
              (2) The external and internal threats to the national
            security of the nations of the region.
              (3) The various regional security cooperative
            programs carried out by the Department of Defense in
            the region in 1994, including training and education
            programs in the host nations and in the United States
            and defense contacts set forth on a country-by-country
            basis, the statutory authority, if any, for such
            programs, and the strategic objectives served.
              (4) The various regional security organizations,
            defense forums, and defense education institutions that
            the United States maintains or in which the United
            States participates.
              (5) The contribution that such programs, defense
            contacts, organizations, forums, and institutions make
            to the advancement of regional security, host nation
            security and national development, United States
            strategic objectives, and United States foreign policy
            objectives as described in paragraph (10) of subsection
            (a).
              (6) United States humanitarian civic assistance and
            civic action programs conducted with host countries in
            the region and the effect that those programs have had
            in furthering the objectives described in paragraph
            (10) of subsection (a).
              (7) The changes made or to be made in the programs,
            organizations, forums, and institutions referred to in
            paragraphs (3), (4), (5), and (6) as a result of the
            comprehensive review.
        (d) Recommended Legislation.--The report shall include any
    recommendations for legislation that the Secretary considers
    necessary to improve the ability of the Department to achieve
    its strategic objectives in the Western Hemisphere.
        (e) Classification of Report.--The report shall be
    submitted in an unclassified form and may, if necessary, have a
    classified supplement.

    SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

        (a) Activities Authorized.--(1) Chapter 6 of title 10,
    United States Code, is amended by adding at the end the
    following new section:

    ``Sec. 168. Military-to-military contacts and comparable activities * *
                        *''

        (b) Fiscal Year 1995 Funding.--Of the amount authorized to
    be appropriated under section 301(5) for operation and
    maintenance for Defense-wide activities, $46,300,000 shall be
    available to the Secretary of Defense for the purposes of
    carrying out activities under section 168 of title 10, United
    States Code, as added by subsection (a).
        (c) Fiscal Year 1995 Active Duty End Strengths.--(1) A
    member of a reserve component described in paragraph (2) shall
    not be counted (under section 115(a)(1) of title 10, United
    States Code) against the applicable end strength limitation for
    members of the Armed Forces on active duty for fiscal year 1995
    prescribed in section 401.
        (2) Paragraph (1) applies in the case of a member of a
    reserve component who is on active duty under a call or order
    to active duty for 180 days or more for activities under
    section 168 of title 10, United States Code, as added by
    subsection (a).
        (d) Report.--Not later than February 15, 1995, the
    Secretary of Defense shall submit to Congress a report on the
    management structure of the military-to-military contacts
    program.
              * * * * * * *

               Subtitle C--Matters Relating to Specific Countries

    SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.

        (a) Findings.--Congress makes the following findings:
              (1) The President has reiterated the long-standing
            United States commitment to maintaining the qualitative
            superiority of the Israeli Defense Force over any
            combination of adversaries.
              (2) Congress continues to recognize the many benefits
            to the United States from its strategic relationship
            with Israel, including enhancing regional stability and
            technical cooperation.
              (3) Despite the momentous peace process in which
            Israel and its neighbors are productively engaged,
            Israel continues to face difficult threats to its
            national security that are compounded by the
            proliferation of weapons of mass destruction and
            ballistic missiles.
              (4) Congress is supportive of the objective of the
            President to enhance United States-Israel military and
            technical cooperation, particularly in the areas of
            missile defense and counter-proliferation.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President should ensure that any conventional
            defense system or technology offered for release to any
            NATO or other major non-NATO ally should concurrently
            be available for purchase by Israel unless such action
            would contravene United States national interests; and
              (2) the President should make available to Israel,
            within existing technology transfer laws, regulations,
            and policies, advanced United States technology
            necessary for continued progress in cooperative United
            States-Israel research and development of theater
            missile defenses.

    SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF KOREA.

        (a) Findings.--Congress makes the following findings:
              (1) Under existing security arrangements between the
            United States and the Republic of Korea, responsibility
            for the defense of the territory of the Republic of
            Korea is allocated so that the Republic of Korea has
            primary responsibility for the ground defense of its
            territory and the United States has primary
            responsibility for air and sea defense of the Korean
            peninsula and for reinforcement.
              (2) The Force Improvement Program of the Republic of
            Korea has not fully addressed critical shortfalls in
            its ground force capability which continue to exist
            even though the Republic of Korea spends approximately
            $12,000,000,000 annually on defense while the
            Democratic People's Republic of Korea spends
            approximately $4,000,000,000 annually on defense. The
            Republic of Korea has directed substantial defense
            resources to procuring submarines, destroyers, advanced
            aircraft, and other military systems that are marginal
            to its primary ground defense responsibility.
              (3) The defense acquisition decisions of the Republic
            of Korea have had the effect of not allowing the
            Republic of Korea to attain self-sufficiency in its
            ground defense responsibility. As a result, there
            exists an undue burden on the United States for the
            ground defense of the Korean peninsula.
              (4) The lack of intelligence capability to forecast
            the military intentions of the Democratic People's
            Republic of Korea presents major problems for the
            combined United States-Republic of Korea defense of
            South Korea.
              (5) A short-warning attack by the Democratic People's
            Republic of Korea would cause major losses to the
            combined United States-Republic of Korea ground force.
        (b) Sense of Congress.--It is the sense of Congress that
    the President should urge the Republic of Korea to continue to
    improve its military ground forces with emphasis on
    counterartillery capabilities, defense against ballistic
    missiles and weapons of mass destruction, combined United
    States-Republic of Korea logistics capabilities, combined
    United States-Republic of Korea medical support, and combined
    United States-Republic of Korea capabilities for tactical
    intelligence and indications and warning of a North Korean
    attack.
        (c) Report.--Not later than January 15, 1995, the Secretary
    of Defense shall submit to Congress a report, in classified
    form, on--
              (1) the readiness of the military forces of the
            Republic of Korea to defeat an attack by the military
            forces of the Democratic People's Republic of Korea;
            and
              (2) the adequacy of the defense acquisition strategy
            of the Republic of Korea to meet its primary ground
            defense mission.

    SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A FORCE
                        REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE
                        KOREAN PENINSULA.

        (a) Findings.--Congress makes the following findings:
              (1) The Secretary of Defense conducted the Bottom-Up
            Review during 1993 to establish the size and structure
            for the Armed Forces for the Post-Cold-War era.
              (2) The report on the Bottom-Up Review cites the need
            for the Armed Forces to be large enough to prevail in
            two major regional conflicts ``nearly simultaneously''.
              (3) The report on the Bottom-Up Review gives special
            consideration to a scenario that hypothesizes that the
            two ``nearly simultaneous'' conflicts would occur in
            Korea and the Persian Gulf.
              (4) The United States sent 7 Army divisions, the
            equivalent of 10 Air Force tactical fighter wings, 70
            heavy bombers, 6 Navy aircraft carrier battle groups,
            and 5 Marine Corps brigades to the Persian Gulf to
            fight the war against Iraq.
              (5) The report on the Bottom-Up Review asserts that
            the forces needed to fight two conflicts similar to
            that with Iraq can be drawn from a total military force
            of between 15 and 16 Army divisions, 20 Air Force
            tactical fighter wings, up to 184 heavy bombers, 11
            active Navy aircraft carriers (along with one reserve/
            training carrier), and the equivalent of 12 Marine
            Corps brigades.
              (6) The report on the Bottom-Up Review recognizes
            that approximately 100,000 members of the Armed Forces
            will be stationed in Europe.
              (7) The report on the Bottom-Up Review recognizes
            that sizeable numbers of United States forces could be
            involved in peace enforcement and intervention
            operations at any one time.
              (8) The report on the Bottom-Up Review makes no
            specific recommendation as to the number of forces to
            be held in reserve to provide a rotation base either to
            relieve troops in the event one or both hypothetical
            conflicts result in lengthy deployments or to replace
            combat losses.
              (9) Military planners calculate that 430,000 or more
            United States military personnel may be needed to win a
            war with North Korea begun by an invasion of South
            Korea by North Korea.
              (10) In a worst case scenario, the size of the force
            military planners may request to help defend South
            Korea could exceed the levels that are consistent with
            the recommendations of the report on the Bottom-Up
            Review if the existing and future force requirements
            for a presence in Europe, possible peace enforcement
            operations, and an adequate rotation base, as well as a
            second regional conflict, must be fulfilled
            simultaneously.
              (11) The Bottom-Up Review was conducted for the
            purpose of force-sizing and was not meant to constrain
            operational planning.
        (b) Sense of Congress Concerning BUR.--It is the sense of
    Congress that--
              (1) the force structure identified in the report on
            the Bottom-Up Review should not be used to limit the
            size or structure of the force that United States
            military commanders may request in preparation for a
            major regional contingency on the Korean peninsula; and
              (2) the conclusions of the Bottom-Up Review should be
            continuously examined in light of the lessons learned
            from preparation for a major regional contingency on
            the Korean peninsula and from other military
            operations.
        (c) Sense of Congress Concerning Situation on Korean
    Peninsula.--It is the sense of Congress that the chairmen and
    ranking minority members of the Committees on Armed Services
    and chairmen and ranking minority members of the Appropriations
    Subcommittees on Defense of the Senate and House of
    Representatives \12\ should receive regular briefings from the
    Secretary of Defense on the situation on the Korean peninsula.
    ---------------------------------------------------------------------------
        \12\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

    SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR
                        WEAPONS DEVELOPMENT PROGRAM.

        (a) Findings.--Congress makes the following findings:
              (1) Between 1950 and 1953, the United States led a
            military coalition that successfully repelled an
            invasion of the Republic of Korea by North Korea, at a
            cost of more than 54,000 American lives.
              (2) The United States and the Republic of Korea
            ratified a Mutual Security Treaty in 1954 that commits
            the United States to helping the Republic of Korea
            defend itself against external aggression.
              (3) Approximately 37,000 United States military
            personnel are presently stationed in the Republic of
            Korea.
              (4) The United States and the Republic of Korea have
            regularly conducted joint military exercises, including
            ``Team Spirit'' exercises.
              (5) North Korea has built up an armed force nearly
            twice the size of that in the Republic of Korea and has
            not renounced the use of force, terrorism, and
            subversion in its attempts to subdue and subjugate the
            Republic of Korea.
              (6) Although North Korea signed the Treaty on the
            Non-Proliferation of Nuclear Weapons in 1985, it has
            impeded the international inspection of its nuclear
            facilities that is required of all signatories of that
            Treaty.
              (7) North Korea's nuclear weapons and ballistic
            missile programs represent a grave threat to the
            security of the Korean peninsula and the entire world.
              (8) Efforts in recent years by the United States to
            reduce tensions on the Korean peninsula have included--
                      (A) the withdrawal of all nuclear weapons
                    from the territory of the Republic of Korea and
                    a reduction in the number of United States
                    military personnel stationed there;
                      (B) the postponement of the 1994 Team Spirit
                    exercises;
                      (C) the establishment of direct diplomatic
                    contacts with the North Korean government; and
                      (D) the offer of expanded diplomatic and
                    economic contacts with North Korea.
              (9) Weapons-grade plutonium can be extracted from the
            fuel rods removed from North Korea's principal reactor
            at Yongbyon.
              (10) International inspectors were not permitted to
            examine and test in a timely manner spent fuel rods
            removed from North Korea's principal nuclear reactor at
            Yongbyon, as required to ensure compliance with North
            Korea's obligations under the Nuclear Non-Proliferation
            Treaty.
              (11) Diplomacy concerning the North Korean nuclear
            program has clearly reached a crucial stage, the
            unsatisfactory resolution of which would place the
            international nonproliferation regime in jeopardy and
            threaten the peace and security of the Korean
            peninsula, the Northeast Asia region, and, by
            extension, the rest of the world.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the announced freeze on the North Korean nuclear
            program should remain in place until internationally
            agreed-upon safeguards of any North Korean civilian
            nuclear program can be made fully effective;
              (2) the North Korean government should take a further
            step toward verified cooperation with the international
            nonproliferation regime by--
                      (A) permitting the unfettered international
                    inspection and testing of the spent fuel rods
                    removed from North Korea's nuclear reactor at
                    the Yongbyon nuclear complex, followed by
                    adequate international supervision of the
                    transfer of all spent fuel rods from the
                    Yongbyon complex and their disposal in another
                    country; and
                      (B) accepting a comprehensive inspection
                    process as required by the Treaty on the Non-
                    Proliferation of Nuclear Weapons;
              (3) a resolution of the inspection controversy at the
            Yongbyon complex that allows for anything less than the
            full international inspection of facilities in that
            complex required by North Korea's obligations under the
            Nuclear Non-Proliferation Treaty--
                      (A) would be unsatisfactory; and
                      (B) should prompt the Government of the
                    United States to take such action as would
                    indicate the severity with which the United
                    States views this provocation against
                    international norms; and
              (4) such action should include (but not necessarily
            be limited to)--
                      (A) the seeking of international sanctions
                    against North Korea; and
                      (B) the rescheduling of the Team Spirit
                    exercises for 1994.

    SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE UNITED STATES
                        AND JAPAN.

        (a) Report Required.--Not later than March 1, 1995, the
    Secretary of Defense shall submit a report to Congress
    regarding the security relationship between the United States
    and Japan.
        (b) Content of Report.--The report required by this section
    shall contain the following:
              (1) An evaluation of the security objectives that the
            United States hopes to achieve in its relationship with
            Japan.
              (2) An analysis of the threats, dangers, and risks to
            the United States and Japan in the Asia-Pacific region.
              (3) An explanation of the United States strategy for
            achieving its security objectives with Japan and in the
            Asia-Pacific region.
              (4) An evaluation of the role of the United States-
            Japan Security Treaty in achieving United States
            security objectives with Japan and in the Asia-Pacific
            region.
              (5) An analysis of the contributions that regional
            security discussions, consultations, or frameworks
            could make to the achievement of United States and
            Japanese security objectives.
              (6) A discussion of the process by which the United
            States and Japan address joint infrastructure matters,
            such as land and training issues, throughout Japan,
            including Okinawa.
              (7) A description of the United States military
            facilities in Japan, including Okinawa, that have been
            transferred to Japan in the previous 10 years.
              (8) A description of the contribution that Japan
            makes to the costs incurred by the United States in
            stationing military forces in Japan.
              (9) A review of the United States military presence
            in Japan, including Okinawa, that contains the
            following information:
                      (A) The number and location of United States
                    personnel.
                      (B) The number, size, and location of major
                    United States military units.
                      (C) An inventory and description of the
                    utilization of United States military
                    facilities, including their military, economic,
                    and environmental aspects.
                      (D) An explanation of the status of
                    discussion between the United States and
                    Japanese governments on joint infrastructure
                    matters.
                      (E) A description of United States training
                    activities.

       TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES

                          Subtitle A--Peace Operations

    SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPERATIONS.

        (a) Reports Required.--The Secretary of Defense shall
    submit to Congress two reports on proposals by the United
    States for improving management by the United Nations of peace
    operations. The Secretary shall submit the first report not
    later than December 1, 1994, and the second not later than June
    1, 1995.
        (b) Status of Implementation of United States Proposals.--
    Each report shall contain--
              (1) a discussion of the status of implementation of
            proposals by the United States contained in section IV
            (relating to strengthening the United Nations) of the
            document entitled ``The Clinton Administration's Policy
            on Reforming Multilateral Peace Operations'' that was
            issued by the Executive Office of the President in May
            1994; and
              (2) an analysis of the results of such
            implementation.
        (c) Subjects To Be Covered.--Each report shall cover, at a
    minimum, the following matters:
              (1) The reconfiguration and expansion of the staff
            for the United Nations Department of Peacekeeping
            Operations.
              (2) The reasons for lengthy, potentially disastrous
            delays after a peace operation has been authorized and
            steps by the United Nations to reduce those delays.
              (3) The establishment by the United Nations of a
            professional peace operations training program for
            commanders and other military and civilian personnel.
              (4) Assistance by the United States to facilitate
            improvements by the United Nations in the matters
            described in paragraphs (1) and (3) and the terms under
            which such assistance has been or is being provided.
        (d) Peace Operation Defined.--In this section, the term
    ``peace operation'' means an operation to maintain or restore
    international peace and security under chapter VI or chapter
    VII of the Charter of the United Nations.

    SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA
                        PEACEKEEPING DEPLOYMENT.

        (a) Report.--(1) The Secretary of Defense shall submit to
    the congressional defense committees a report assessing the
    implications for United States military readiness of the
    participation of United States ground combat forces in
    peacekeeping operations within Bosnia-Hercegovina.
        (2) The report shall be submitted not later than 90 days
    after the date of the enactment of this Act or 30 days
    following the deployment of United States ground forces to
    Bosnia-Hercegovina, whichever occurs sooner.
        (b) Matters To Be Included.--The report under subsection
    (a) shall include the following:
              (1) An estimate of the total number of forces
            required to carry out such an operation, including
            forces required for a rotation base.
              (2) An estimate of the expected duration of such an
            operation.
              (3) An estimate of the cost of such an operation,
            together with an explanation of how the Secretary
            proposes to provide funds for such an operation and an
            assessment of how such proposed funding plan would
            affect overall military readiness.
              (4) An assessment of the effect such an operation
            would have on the ability of the United States Armed
            Forces to execute successfully the two nearly-
            simultaneous major regional conflict strategy
            articulated in the Bottom-Up Review.
              (5) An assessment of how readily forces participating
            in such an operation could be redeployed to a major
            regional conflict, including an analysis of the
            availability of strategic lift, the likely condition of
            equipment, and the extent of retraining necessary to
            facilitate such a redeployment.
              (6) An assessment of the effect such an operation
            would have on the general combat readiness and
            deployability of combat units designated to be part of
            the contingency force, including the extent to which
            contingency force combat units would support the
            initial deployment and subsequent rotations.
              (7) An assessment of the effect such an operation
            would have on the general combat readiness and
            deployability of combat units not designated to be part
            of the contingency force, including the extent to which
            non-contingency force combat units would support the
            initial deployment and subsequent rotations.
              (8) For the initial deployment and subsequent
            rotations, an assessment of the number and type of
            combat support and combat service support units
            required from active forces, including how many of such
            units are designated to support the deployment of the
            contingency force.
              (9) An assessment of the degree to which such an
            operation would require the use of reserve component
            units and personnel and the use and timing of
            involuntary Selected Reserve call-up authority as
            provided by section 673b of title 10, United States
            Code.
              (10) An assessment of the anticipated cost of
            equipment refurbishment resulting from such an
            operation.
              (11) An assessment of how the increased operational
            tempo associated with such an operation would affect
            the mission capable readiness rates and overall health
            of both strategic and theater airlift assets.
        (c) Definitions.--For purposes of this section:
              (1) The term ``contingency force'' includes--
                      (A) the set of four or five Army divisions
                    that is designated as the Army contingency
                    force by the Secretary of the Army, as well as
                    Army active duty and reserve component combat,
                    combat support, and combat service support
                    units designated to respond to a regional
                    conflict within the first 75 days of such
                    conflict; and
                      (B) Air Force, Navy, and Marine Corps active
                    duty and reserve component combat, combat
                    support, and combat service support units
                    designated to respond to a regional conflict
                    within the first 75 days of such conflict.
              (2) The term ``Bottom-Up Review'' means the October
            1993 Department of Defense report entitled ``Report on
            the Bottom-Up Review''.
        (d) Classification of Report.--The report required by
    subsection (a) shall be submitted in unclassified form and, if
    necessary, in classified form.

    SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM UNITED STATES
                        ACTIVITIES IN SOMALIA.

        (a) Report.--The Secretary of Defense shall submit to
    Congress a report on the intelligence lessons learned from the
    United States participation in United Nations activities in
    Somalia.
        (b) Matters To Be Included.--The report shall--
              (1) specifically describe the availability of
            intelligence on forces of other nations and of
            indigenous forces operating in Somalia before, during,
            and after the insertion of United States forces; and
              (2) set forth a complete review of any intelligence
            failures, any equipment failures, and any equipment
            unavailability in the theater.
        (c) Submission of Report.--The report shall be submitted
    not later than 180 days after the date of the enactment of this
    Act.

    SEC. 1404. BOSNIA AND HERCEGOVINA.

        (a) Purpose.--It is the purpose of this section--
              (1) to express the sense of Congress concerning the
            international efforts to end the conflict in Bosnia and
            Hercegovina; and
              (2) to establish a process to end the arms embargo on
            the Government of Bosnia and Hercegovina.
        (b) Statement of Support.--The Congress supports the
    efforts of the Contact Group to bring about a peaceful
    settlement of the conflict in Bosnia and Hercegovina based upon
    the Contact Group proposal.
        (c) Sense of Congress.--It is the sense of Congress that:
              (1) The United States should work with the member
            nations of the North Atlantic Treaty Organization and
            with other permanent members of the United Nations
            Security Council to bring about a peaceful settlement
            of the conflict in Bosnia and Hercegovina which
            maintains the territorial integrity of Bosnia and
            Hercegovina.
              (2) A peaceful settlement of the conflict must
            preserve an economically, politically, and militarily
            viable Bosnian state capable of exercising its rights
            under the Charter of the United Nations as part of a
            peaceful settlement, which rights include the inherent
            right of a sovereign state to self defense.
              (3) The acceptance of the Contact Group proposal by
            the Government of Bosnia and Hercegovina should lead to
            the lifting of the Bosnia arms embargo.
              (4) In providing weapons to the Bosnian Government or
            taking other actions, care should be taken to provide
            for the safety of the United Nations Protection Force
            (UNPROFOR) and the civilian personnel working for the
            United Nations or nongovernmental volunteer
            organizations.
              (5) The United States should immediately seek to
            organize an international effort to provide assistance
            to the states bordering Serbia and Montenegro to bring
            about more effective enforcement by those states of the
            international economic sanctions on the Government of
            Serbia and Montenegro.
        (d) General United States Policy.--The United States should
    exercise leadership within the international community to cause
    the Bosnian Serb faction to accept the Contact Group proposal.
    Such action should be taken on separate but complementary
    international and unilateral tracks, as set forth in
    subsections (e), (f), and (g).
        (e) International Policy.--If the Bosnian Serbs do not
    accept the Contact Group proposal by the date that is the later
    of October 15, 1994, or the end of the 10-day period beginning
    on the date of the enactment of this Act, the President (or his
    representative) should, not later than 14 days thereafter,
    formally introduce and support in the United Nations Security
    Council a resolution to terminate the Bosnia arms embargo. The
    resolution should provide for the termination of the arms
    embargo no later than December 1, 1994 (and may allow for the
    termination to be accomplished in stages ending no later than
    that date).
        (f) \13\ Unilateral United States Policy.--(1) If by the
    earlier of November 15, 1994, or the end of the 15-day period
    beginning on the date on which a resolution described in
    subsection (e) (or a similar resolution) is formally
    introduced, the United Nations Security Council has not agreed
    to such a resolution and the Bosnian Serbs have not accepted
    the Contact Group proposal--
    ---------------------------------------------------------------------------
        \13\ The President issued the following determination on November
    12, 1994:
        ``Pursuant to the authority provided in section 1404(f)(3)(A) of
    the National Defense Authorization Act for Fiscal Year 1995 (Public Law
    103-337) (the `Act'), I hereby determine that the limitation in section
    1404(f)(2) of the Act is waived in the case of U.S. military personnel
    serving in NATO headquarters positions, including the following:
    ---------------------------------------------------------------------------

      ``(1) All U.S. military personnel assigned to or performing duties at
    NATO Headquarters in Brussels, Belgium.

      ``(2) The Commanders and all U.S. military personnel assigned to or
    performing duties at the staffs of the Supreme Allied Commander, Europe or
    the Supreme Allied Commander, Atlantic.

      ``(3) The Commanders and all U.S. military personnel assigned to or
    performing duties at the staff of the Commander in Chief, Allied Forces
    Southern Europe.

      ``(4) Those U.S. Commanders and U.S. military personnel assigned to or
    performing duties at subordinate NATO headquarters staffs of the above
    listed staffs.

      ``(5) Those U.S. Commanders and other U.S. military personnel assigned to
    or performing duties at other Allied Forces Europe staffs, such as
    Commander in Chief, Allied Forces Central Europe.'' (Presidential
    Determination No. 95-4; 59 F.R. 64109).

              (A) the funding limitation specified in paragraph (2)
            shall be in effect;
              (B) the President shall submit a plan to, and shall
            consult with, Congress on the manner in which United
            States Armed Forces and the military forces of friendly
            states would provide training to the armed forces of
            the Government of Bosnia and Hercegovina outside of the
            territory of Bosnia and Hercegovina; and
              (C) the President shall submit a plan to, and shall
            consult with, Congress regarding the unilateral
            termination by the United States of compliance with the
            Bosnia arms embargo and the implications thereof.
        (2) If the funding limitation specified in this paragraph
    is in effect pursuant to paragraph (1)(A), then no funds
    appropriated by any provision of law may be used for the
    purpose of participation in, support for, or assistance to the
    enforcement of the Bosnia arms embargo by any Department,
    agency or other entity of the United States (or by any officer
    or employee of the United States or member of the Armed Forces
    of the United States) other than as required of all United
    Nations member states under the United Nations Security Council
    resolution referred to in subsection (h)(3) and the Charter of
    the United Nations.
        (3)(A) The President may waive the limitation in paragraph
    (2) in the case of United States military personnel serving in
    NATO headquarters positions.
        (B) Nothing in paragraph (2) is intended to impede
    enforcement of sanctions against Serbia.
        (g) Interim Policy.--If the Bosnian Serb faction attacks
    any area within those areas that have been designated by the
    United Nations as ``safe areas'', the President (or his
    representative) should promptly formally introduce and support
    in the United Nations Security Council a resolution that
    authorizes a selective lifting of the Bosnia arms embargo in
    order to allow the provision of defensive weapons (such as
    anti-tank weapons, counter-battery radars, and mortars) to
    enable the forces of the Government of Bosnia and Hercegovina
    to defend the safe areas.
        (h) Definitions.--For purposes of this section:
              (1) The term ``Contact Group'' means the group
            composed of representatives of the United States,
            Russia, France, Britain, and Germany seeking to bring
            about a peaceful settlement of the conflict in Bosnia
            and Hercegovina.
              (2) The term ``Contact Group proposal'' means the
            peace proposal of the Contact Group that has been
            agreed to by the Government of Bosnia and Hercegovina
            and rejected by the Bosnian Serb faction.
              (3) The term ``Bosnia arms embargo'' means
            application to the Government of Bosnia and Hercegovina
            of the arms embargo imposed by United Nations Security
            Council resolution 713, of September 25, 1991.

                       Subtitle B--Assistance Activities

    SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

        (a) OHDACA Programs.--For purposes of section 301 and other
    provisions of this Act, programs of the Department of Defense
    designated as Overseas Humanitarian, Disaster, and Civic Aid
    (OHDACA) programs are the programs provided by--
              (1) sections 401, 402, 2547, and 2551 of title 10,
            United States Code;
              (2) section 404 of title 10, United States Code, as
            added by section 1412; and
              (3) section 1413 of this Act.\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 1413 of this Act was repealed by sec. 1313(c) of the
    National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106; 110 Stat. 475).
    ---------------------------------------------------------------------------
        (b) Limitation.--Not more than one-half of the amount
    authorized to be appropriated in section 301 for those programs
    may be obligated until the regulations required to be
    prescribed by subsection (a) of section 1504 of the National
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
    160; 107 Stat. 1839) have been prescribed.

    SEC. 1412. FOREIGN DISASTER ASSISTANCE.

        (a) Authority.--Subchapter I of chapter 20 of title 10,
    United States Code, is amended by adding at the end the
    following new section: * * * \15\
    ---------------------------------------------------------------------------
        \15\ Sec. 1412 added a new sec. 404 to 10 U.S.C., relating to
    foreign disaster assistance.
        \16\ Formerly at 10 U.S.C. 401 note. Sec. 1313(c) of the National
    Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
    Stat. 475) repealed sec. 1413, which had provided as follows:
    ---------------------------------------------------------------------------

    ``sec. 1413. humanitarian assistance program for clearing landmines.
    ---------------------------------------------------------------------------

        ``(a) Program Authorized.--The Secretary of Defense shall carry out
    a program for humanitarian purposes to provide assistance to other
    nations in the detection and clearance of landmines. Such assistance
    shall be provided through instruction, education, training, and
    advising of personnel of those nations in the various procedures that
    have been determined effective for detecting and clearing landmines.
        ``(b) Forms of Assistance.--The Secretary may provide assistance
    under subsection (a) by--
    ---------------------------------------------------------------------------

      ``(1) providing Department of Defense personnel to conduct the
    instruction, education, or training or to furnish advice; or

      ``(2) providing financial assistance or in-kind assistance in support of
    such instruction, education, or training.
    ---------------------------------------------------------------------------

        ``(c) Limitation on United States Military Personnel.--The
    Secretary of Defense shall ensure that no member of the Armed Forces of
    the United States--
    ---------------------------------------------------------------------------

      ``(1) while providing assistance under subsection (a), engages in the
    physical detection, lifting, or destroying of landmines (unless the member
    does so for the concurrent purpose of supporting a United States military
    operation); or

      ``(2) provides such assistance as part of a military operation that does
    not involve the Armed Forces of the United States.
    ---------------------------------------------------------------------------

        ``(d) Use of Funds.--Of the amount authorized to be appropriated by
    section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA)
    programs of the Department of Defense, not more than $20,000,000 shall
    be available for the program under subsection (a). Such amount may be
    used--
    ---------------------------------------------------------------------------

      ``(1) for activities to support the clearing of landmines for
    humanitarian purposes, including activities relating to the furnishing of
    education, training, and technical assistance;

      ``(2) for the provision of equipment and technology by transfer or lease
    to a foreign government that is participating in a landmine clearing
    program under this section; and

      ``(3) for contributions to nongovernmental organizations that have
    experience in the clearing of landmines to support activities described in
    subsection (a).
    ---------------------------------------------------------------------------

        ``(e) Notice to Congress.--The Secretary of Defense shall provide
    notice to Congress of any activity carried out under this section.''.
    ---------------------------------------------------------------------------

    SEC. 1413.\16\ * * * [REPEALED--1996]

                      TITLE XV--ARMS CONTROL MATTERS \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
        \18\ See Legislation on Foreign Relations Through 2005, vol. II.
    ---------------------------------------------------------------------------

                   TITLE XXXVI--PANAMA CANAL COMMISSION \18\

              * * * * * * *
           r. National Defense Authorization Act for Fiscal Year 1994

        Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547,
      approved November 30, 1993; amended by Public Law 103-337 [National
      Defense Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat.
     2663, approved October 5, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
       approved February 10, 1996; Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
       approved September 23, 1996; Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
     approved November 18, 1997; and by Public Law 105-261 [Strom Thurmond
     National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
                   112 Stat. 1920, approved October 17, 1998

     AN ACT To authorize appropriations for fiscal year 1994 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1994''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into three divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

              * * * * * * *

    SEC. 306. FUNDS FOR CLEARING LANDMINES.

        (a) Limitation.--Of the funds authorized to be appropriated
    in section 301, not more than $10,000,000 shall be available
    for activities to support the clearing of landmines for
    humanitarian purposes (as determined by the Secretary of
    Defense), including the clearing of landmines in areas in which
    refugee repatriation programs are on-going.
        (b) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees a report on the
    implementation of subsection (a). The report shall specify the
    following:
              (1) The amount of the funds made available under
            subsection (a) that are to be expended.
              (2) The purposes for which the funds are to be
            expended.
              (3) The location of the landmine clearing activity.
              (4) Any use of United States military personnel or
            employees of the Department of Defense in the activity.
              (5) Any use of non-Federal Government organizations
            in the activity.
              (6) The relationship between the activity and the
            missions of the Department of Defense.
              * * * * * * *

      TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
                                    MATTERS

              * * * * * * *

                           Subtitle E--Other Matters

              * * * * * * *

    SEC. 843.\2\ REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST
                        COUNTRIES.

        (a) Report Requirement.--(1) Whenever the Secretary of
    Defense proposes to enter into a contract with any person for
    an amount in excess of $5,000,000 for the provision of goods or
    services to the Department of Defense, the Secretary shall
    require that person--
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 2327 note.
    ---------------------------------------------------------------------------
              (A) before entering into the contract, to report to
            the Secretary each commercial transaction which that
            person has conducted with the government of any
            terrorist country during the preceding three years or
            the period since the effective date of this section,
            whichever is shorter; and
              (B) to report to the Secretary each such commercial
            transaction which that person conducts during the
            course of the contract (but not after the date
            specified in subsection (h)) with the government of any
            terrorist country.
        (2) The requirement contained in paragraph (1)(B) shall be
    included in the contract with the Department of Defense.
        (b) Regulations.--The Secretary of Defense shall prescribe
    such regulations as may be necessary to carry out this section.
        (c) Annual Report to Congress.--The Secretary of Defense
    shall submit to the Congress each year by December 1 a report
    setting forth those persons conducting commercial transactions
    with terrorist countries that are included in the reports made
    pursuant to subsection (a) during the preceding fiscal year,
    the terrorist countries with which those transactions were
    conducted, and the nature of those transactions. The version of
    the report made available for public release shall exclude
    information exempt from public disclosure under section 552 of
    title 5, United States Code (commonly known as the Freedom of
    Information Act).
        (d) Liability.--This section shall not be interpreted as
    imposing any liability on a person for failure to comply with
    the reporting requirement of subsection (a) if the failure to
    comply is caused solely by an act or omission of a third party.
        (e) Person Defined.--For purposes of this section, the term
    ``person'' means a corporate or other business entity proposing
    to enter or entering into a contract covered by this section.
    The term does not include an affiliate or subsidiary of the
    entity.
        (f) Terrorist Country Defined.--A country shall be
    considered to be a terrorist country for purposes of a contract
    covered by this section if the Secretary of State has
    determined pursuant to law, as of the date that is 60 days
    before the date on which the contract is signed, that the
    government of that country is a government that has repeatedly
    provided support for acts of international terrorism.
        (g) Effective Date.--This section shall apply with respect
    to contracts entered into after the expiration of the 90-day
    period beginning on the date of the enactment of this Act, or
    after the expiration of the 30-day period beginning on the date
    of publication in the Federal Register of the final regulations
    referred to in subsection (b), whichever is earlier.
        (h) Termination.--This section expires on September 30,
    1996.
              * * * * * * *

                          TITLE XI--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

    SEC. 1101. TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--(1) Upon
    determination by the Secretary of Defense that such action is
    necessary in the national interest, the Secretary may transfer
    amounts of authorizations made available to the Department of
    Defense in this division for fiscal year 1994 between any such
    authorizations for that fiscal year (or any subdivisions
    thereof). Amounts of authorizations so transferred shall be
    merged with and be available for the same purposes as the
    authorization to which transferred.
        (2) The total amount of authorizations that the Secretary
    of Defense may transfer under the authority of this section may
    not exceed $2,000,000,000.
        (b) Limitations.--The authority provided by this section to
    transfer authorizations--
              (1) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred; and
              (2) may not be used to provide authority for an item
            that has been denied authorization by Congress.
        (c) Effect on Authorization Amounts.--A transfer made from
    one account to another under the authority of this section
    shall be deemed to increase the amount authorized for the
    account to which the amount is transferred by an amount equal
    to the amount transferred.
        (d) Notice to Congress.--The Secretary of Defense shall
    promptly notify Congress of transfers made under the authority
    of this section.
              * * * * * * *

    SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.

        (a) \3\ * * *
    ---------------------------------------------------------------------------
        \3\ Sec. 1108(a)(1) added a new sec. 127a to 10 U.S.C., relating to
    expenses for contingency operations.
    ---------------------------------------------------------------------------
        (b) First Year Funding.--There is hereby authorized to be
    appropriated for fiscal year 1994 to the fund established under
    section 127a(e) of title 10, United States Code, as added by
    subsection (a), the sum of $10,000,000.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 127a(e), 10 U.S.C., as added by subsec. (a) of this
    section, established a Department of Defense reserve fund, known as the
    ``National Contingency Operation Personnel Fund'', to make funds
    available for ``incremental military personnel costs attributable to a
    National Contingency Operation.''.
    ---------------------------------------------------------------------------

               Subtitle B--Fiscal Year 1993 Authorization Matters

              * * * * * * *

    SEC. 1113. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
                        1993.

        (a) Authorization of Supplemental appropriations.--There is
    authorized to be appropriated for fiscal year 1993 for covering
    the incremental costs arising from Operation Restore Hope,
    Operation Provide Comfort, and Operation Southern Watch, and
    deficiencies in funding of the Civilian Health and Medical
    Program of the Uniformed Services (CHAMPUS), and for repairing
    flood damage at Camp Pendleton, California, $1,246,928 as
    follows: * * *
              (2) For Operation and Maintenance: * * *
                      (G) For Humanitarian Assistance, $23,000,000.
        (b) * * *

                      Subtitle C--Counter-Drug Activities

    SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
                        OTHER AGENCIES.

        (a)-(b) * * *
        (c) Funding of Support Activities.--Of the amount
    authorized to be appropriated for fiscal year 1994 under
    section 301(15) for operation and maintenance with respect to
    drug interdiction and counter-drug activities, $40,000,000
    shall be available to the Secretary of Defense for the purposes
    of carrying out section 1004 of the National Defense
    Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
              * * * * * * *

       Subtitle G--Congressional Findings, Policies, Commendations, and
                                 Commemorations

              * * * * * * *

    SEC. 1163. SENSE OF CONGRESS REGARDING UNITED STATES POLICY ON
                        PLUTONIUM.

        (a) Finding.--The Congress finds that reprocessing spent
    nuclear fuel referred to in subsection (c) to recover plutonium
    may pose serious environmental hazards and increase the risk of
    proliferation of weapons-usable plutonium.
        (b) Sense of Congress.--It is the sense of the Congress
    that the President should take action to encourage the
    reduction or cessation of the reprocessing of spent nuclear
    fuel referred to in subsection (c) to recover plutonium until
    the environmental and proliferation concerns related to such
    reprocessing are resolved.
        (c) Covered Spent Nuclear Fuel.--The spent nuclear fuel
    referred to in subsections (a) and (b) is spent nuclear fuel
    used in a commercial nuclear power reactor by the Government of
    a foreign country or by a foreign-owned or foreign-controlled
    entity.

    SEC. 1164. SENSE OF SENATE ON ENTRY INTO THE UNITED STATES OF CERTAIN
                        FORMER MEMBERS OF THE IRAQI ARMED FORCES.

        It is the sense of the Senate that no person who was a
    member of the armed forces of Iraq during the period from
    August 2, 1990, through February 28, 1991, and who is in a
    refugee camp in Saudi Arabia as of the date of enactment of
    this Act should be granted entry into the United States under
    the Immigration and Nationality Act unless the President
    certifies to Congress before such entry that such person--
              (1) assisted the United States or coalition armed
            forces after defection from the armed forces of Iraq or
            after capture by the United States or coalition armed
            forces; and
              (2) did not commit or assist in the commission of war
            crimes.
              * * * * * * *

                           Subtitle H--Other Matters

              * * * * * * *

    SEC. 1186. EXPORT LOAN GUARANTEES.

        (a) Authority to Provide Loan Guarantees.--Subject to
    subsection (b) and subject to the availability of
    appropriations for this purpose, the President may carry out a
    program to issue guarantees during fiscal year 1994 against the
    risk of nonpayment arising out of loan financing of the sale of
    defense articles and defense services to any member nation of
    the North Atlantic Treaty Organization (other than the United
    States), Israel, Australia, Japan, or the Republic of Korea.
    The aggregate amount guaranteed under this section in such
    fiscal year may not exceed $1,000,000,000.
        (b) Certification of Intent to Use Authority.--The
    President may not issue guarantees under the loan guarantee
    program unless, not later than the end of the 180-day period
    beginning on the date of the enactment of this Act, the
    President certifies to Congress that--
              (1) the President intends to issue loan guarantees
            under the loan guarantee program;
              (2) the exercise of the authority provided under the
            program is consistent with the objectives of the Arms
            Export Control Act (22 U.S.C. 2751 et seq.); and
              (3) the exercise of the authority provided under the
            program is consistent with the policy of the United
            States regarding conventional arms sales and
            nonproliferation goals.
        (c) Prohibition on Use of Certain Funds.--None of the funds
    authorized to be appropriated in this Act and made available
    for defense conversion, reinvestment, and transition assistance
    programs (as defined in section 1302(c)) may be used to finance
    the subsidy cost of loan guarantees issued under this section.
        (d) Terms and Conditions.--(1) In issuing guarantees under
    the loan guarantee program for medium- and long-term loans for
    sales of defense articles or defense services, the President
    may not offer terms and conditions more beneficial than would
    be provided by the Export-Import Bank of the United States
    under similar circumstances in conjunction with the provision
    of guarantees for nondefense articles and services.
        (2) The issuance of loan guarantees for exports under the
    loan guarantee program shall be subject to all United States
    Government review procedures for arms sales to foreign
    governments and shall be consistent with United States policy
    on arms sales to those nations referred to in subsection (a).
        (e) Subsidy Cost and Funding.--(1) There is authorized to
    be appropriated for fiscal year 1994, $25,000,000 for the
    subsidy cost of the loan guarantees issued under this section.
        (2) Funds authorized to be available for the Export-Import
    Bank of the United States may not be used for the execution of
    the loan guarantee program.
        (f) Executive Agency.--The Department of Defense shall be
    the executive agency responsible for administration of the loan
    guarantee program unless the President, in consultation with
    Congress, designates another department or agency to implement
    the program. Applications for guarantees issued under this
    section shall be submitted to the Secretary of Defense, who may
    make such arrangements as are necessary with other departments
    or agencies to process the applications and otherwise to
    implement the loan guarantee program.
        (g) Fees Charged and Collected.--A fee shall be charged for
    each guarantee issued under the loan guarantee program. All
    fees collected in connection with guarantees issued under the
    program under this section shall be available to offset the
    cost of guarantee obligations under the program. All of the
    fees collected under this subsection, together with earnings on
    those fees and other income arising from guarantee operations
    under the program, shall be held in a financing account
    maintained in the Treasury of the United States. All funds in
    such account may be invested in obligations of the United
    States. Any interest or other receipts derived from such
    investments shall be credited to such account and may be used
    for the purposes of the program.
        (h) National Security Council Review Process.--In addition
    to the interagency review process for arms sales to foreign
    governments referred to in subsection (d)(2), the National
    Security Council shall review each proposed sale for which a
    guarantee is proposed to be issued under the loan guarantee
    program to determine whether the sale is in accord with United
    States security interests, that it contributes to collective
    defense burden sharing, and that it is consistent with United
    States nonproliferation goals.
        (i) Definitions.--For purposes of this section, the terms
    ``defense article'', ``defense service'', and ``defense
    articles and defense services'' have the meanings given those
    terms in section 47 of the Arms Export Control Act (22 U.S.C.
    2794).

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                   UNION \5\

              * * * * * * *
    ---------------------------------------------------------------------------
        \5\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

    TITLE XIII--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

    SEC. 1301.\6\ SHORT TITLE.

        This title may be cited as the ``Defense Conversion,
    Reinvestment, and Transition Assistance Amendments of 1993''.
    ---------------------------------------------------------------------------
        \6\ 10 U.S.C. 2491 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                  Subtitle D--National Shipbuilding Initiative

    SEC. 1351.\7\ SHORT TITLE.

        This subtitle may be cited as the ``National Shipbuilding
    and Shipyard Conversion Act of 1993''.
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 2501 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1355. AUTHORITY FOR SECRETARY OF TRANSPORTATION TO MAKE LOAN
                        GUARANTEES.

        (a) \8\ In General.--Title XI of the Merchant Marine Act,
    1936, is further amended by adding at the end the following new
    section: * * *
    ---------------------------------------------------------------------------
        \8\ Sec. 1355(a) added a new sec. 1111 to the Merchant Marine Act,
    1936, relating to the ``Authority To Guarantee Obligations for Eligible
    Export Vessels''.
    ---------------------------------------------------------------------------
        (b) \9\ Implementation.--
    ---------------------------------------------------------------------------
        \9\ 46 U.S.C. app. 1279d note.
    ---------------------------------------------------------------------------
              (1) Initial designation of council members.--Each
            member of the council established under section 1111(b)
            of the Merchant Marine Act, 1936, as added by
            subsection (a), shall name a designee for service on
            the council not later than 30 days after the date of
            the enactment of this Act. Each such member shall
            promptly notify the Secretary of Transportation of that
            designation.
              (2) Designation of senior marad official.--Not later
            than 30 days after the date of the enactment of this
            Act, the Secretary of Transportation shall designate a
            senior official within the Maritime Administration to
            have the responsibility and authority to carry out the
            terms and conditions set forth under section 1111 of
            title XI the Merchant Marine Act, 1936, as added by
            subsection (a). The Secretary shall make the
            designation of that official known through a public
            announcement in a national periodical.
              * * * * * * *

            TITLE XIV--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                       Subtitle A--Defense Burden Sharing

    SEC. 1401. DEFENSE BURDENS AND RESPONSIBILITIES.

        (a) Findings.--Congress makes the following findings:
              (1) Since fiscal year 1985, the budget of the
            Department of Defense has declined by 34 percent in
            constant fiscal year 1985 dollars.
              (2) During the past few years, the United States
            military presence overseas has declined significantly
            in the following ways:
                      (A) Since fiscal year 1986, the number of
                    United States military personnel permanently
                    stationed overseas has declined by almost
                    200,000.
                      (B) From fiscal year 1989 to fiscal year
                    1994, spending by the United States to support
                    the stationing of United States military forces
                    overseas will have declined by 36 percent.
                      (C) Since January 1990, the Department of
                    Defense has announced the closure, reduction,
                    or transfer to standby status of 840 United
                    States military facilities overseas, which is
                    approximately a 50 percent reduction in the
                    number of such facilities.
              (3) The United States military presence overseas will
            continue to decline as a result of actions by the
            executive branch and as a result of the following
            provisions of law:
                      (A) Section 1302 of the National Defense
                    Authorization Act for Fiscal Year 1993, which
                    requires a 40 percent reduction by September
                    30, 1996, in the number of United States
                    military personnel permanently stationed ashore
                    in overseas locations.
                      (B) Section 1303 of the National Defense
                    Authorization Act for Fiscal Year 1993, which
                    provides that no more than 100,000 United
                    States military personnel may be permanently
                    stationed ashore in NATO member countries after
                    September 30, 1996.
                      (C) Section 1301 of the National Defense
                    Authorization Act for Fiscal Year 1993, which
                    reduced the spending proposed by the Department
                    of Defense for overseas basing activities
                    during fiscal year 1993 by $500,000,000.
                      (D) Sections 913 and 915 of the National
                    Defense Authorization Act for Fiscal Years 1990
                    and 1991, which directed the President to
                    develop a plan to gradually reduce the United
                    States military force structure in East Asia.
              (4) The East Asia Strategy Initiative, which was
            developed in response to sections 913 and 915 of the
            National Defense Authorization Act for Fiscal Years
            1990 and 1991, has resulted in the withdrawal of 12,000
            United States military personnel from Japan and the
            Republic of Korea since fiscal year 1990.
              (5) In response to actions by the executive branch
            and the Congress, allied countries in which United
            States military personnel are stationed and alliances
            in which the United States participates have agreed to
            reduce the costs incurred by the United States in
            basing military forces overseas in the following ways:
                      (A) Under the 1991 Special Measures Agreement
                    between Japan and the United States, Japan will
                    pay by 1995 almost all yen-denominated costs of
                    stationing United States military personnel in
                    Japan.
                      (B) The Republic of Korea has agreed to pay
                    by 1995 one-third of the won-based costs
                    incurred by the United States in stationing
                    United States military personnel in the
                    Republic of Korea.
                      (C) The North Atlantic Treaty Organization
                    (NATO) has agreed that the NATO Infrastructure
                    Program will adapt to support post-Cold War
                    strategy and could pay the annual operation and
                    maintenance costs of facilities in Europe and
                    the United States that would support the
                    reinforcement of Europe by United States
                    military forces and the participation of United
                    States military forces in peacekeeping and
                    conflict prevention operations.
                      (D) Such allied countries and alliances have
                    agreed to share more fully the responsibilities
                    and burdens of providing for mutual security
                    and stability through steps such as the
                    following:
                              (i) The Republic of Korea has assumed
                            the leadership role regarding ground
                            combat forces for the defense of the
                            Republic of Korea.
                              (ii) NATO has adopted the new mission
                            of conducting peacekeeping operations
                            and is, for example, providing land,
                            sea, and air forces for United Nations
                            efforts in the former Yugoslavia.
                              (iii) The countries of western Europe
                            are contributing substantially to the
                            development of democracy, stability,
                            and open market societies in eastern
                            Europe and the former Soviet Union.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the forward presence of United States military
            personnel stationed overseas continues to be important
            to United States security interests;
              (2) that forward presence facilitates efforts to
            pursue United States security interests on a collective
            basis rather than pursuing them on a far more costly
            unilateral basis or receding into isolationism;
              (3) the bilateral and multilateral arrangements and
            alliances in which that forward presence plays a part
            must be further adapted to the security environment of
            the post-Cold War period;
              (4) the cost-sharing percentages for the NATO
            Infrastructure Program should be reviewed with the aim
            of reflecting current economic, political, and military
            realities and thus reducing the United States cost-
            sharing percentage; and
              (5) the amounts obligated to conduct United States
            overseas basing activities should decline significantly
            in fiscal year 1994 and in future fiscal years as--
                      (A) the number of United States military
                    personnel stationed overseas continues to
                    decline; and
                      (B) the countries in which United States
                    military personnel are stationed and the
                    alliances in which the United States
                    participates assume an increased share of
                    United States overseas basing costs.
        (c) \10\ Reducing United States Overseas Basing Costs.--(1)
    In order to achieve additional savings in overseas basing
    costs, the President should--
    ---------------------------------------------------------------------------
        \10\ Sec. 1304(a) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the
    following:
        ``(a) Goal for Allied Contributions.--In continuing efforts to
    enter into revised host-nation agreements as described in section
    1301(e) of the National Defense Authorization Act for Fiscal Year 1993
    (Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the
    National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1824), the President shall seek to have European
    member nations of NATO assume an increased share of the nonpersonnel
    costs for United States military installations in those nations so that
    by September 30, 1996, those nations have assumed 37.5 percent of such
    costs.''.
    ---------------------------------------------------------------------------
              (A) continue with the reductions in United States
            military presence overseas as required by sections 1302
            and 1303 of the National Defense Authorization Act for
            Fiscal Year 1993; and
              (B) intensify efforts to negotiate a more favorable
            host-nation agreement with each foreign country to
            which this paragraph applies under paragraph (3)(A).
        (2) For purposes of paragraph (1)(B), a more favorable
    host-nation agreement is an agreement under which such foreign
    country--
              (A) assumes an increased share of the costs of United
            States military installations in that country,
            including the costs of--
                      (i) labor, utilities, and services;
                      (ii) military construction projects and real
                    property maintenance;
                      (iii) leasing requirements associated with
                    the United States military presence; and
                      (iv) actions necessary to meet local
                    environmental standards;
              (B) relieves the United States of all tax liability
            that, with respect to forces located in that country,
            is incurred by the Armed Forces of the United States
            under the laws of that country and the laws of the
            community where those forces are located; and
              (C) ensures that goods and services furnished in that
            country to the Armed Forces of the United States are
            provided at minimum cost and without imposition of user
            fees.
        (3)(A) Except as provided in subparagraph (B), paragraph
    (1)(B) applies with respect to--
              (i) each country of the North Atlantic Treaty
            Organization (other than the United States); and
              (ii) each other foreign country with which the United
            States has a bilateral or multilateral defense
            agreement that provides for the assignment of combat
            units of the Armed Forces of the United States to
            permanent duty in that country or the placement of
            combat equipment of the United States in that country.
        (B) Paragraph (1) does not apply with respect to--
              (i) a foreign country that receives assistance under
            section 23 of the Arms Export Control Act (22 U.S.C.
            2763) (relating to the foreign military financing
            program) or under the provisions of chapter 4 of part
            II of the Foreign Assistance Act of 1961 (22 U.S.C.
            2346 et seq.); or
              (ii) a foreign country that has agreed to assume, not
            later than September 30, 1996, at least 75 percent of
            the nonpersonnel costs of United States military
            installations in the country.
        (d) Obligational Limitation.--(1) The total amount
    appropriated to the Department of Defense for Military
    Personnel, for Operation and Maintenance, and for military
    construction (including construction and improvement of
    military family housing) that is obligated to conduct overseas
    basing activities during fiscal year 1994 may not exceed
    $16,915,400,000 (such amount being the amount appropriated for
    such purposes for fiscal year 1993 reduced by $3,300,000,000),
    except to the extent provided by the Secretary of Defense under
    paragraph (3).
        (2) For purposes of this subsection, the term ``overseas
    basing activities'' means the activities of the Department of
    Defense for which funds are provided through appropriations for
    Military Personnel, for Operation and Maintenance (including
    appropriations for family housing operations), and for military
    construction (including construction and improvement of
    military family housing) for the payment of costs for
    Department of Defense overseas military units and the costs for
    all dependents who accompany Department of Defense personnel
    outside the United States.
        (3) The Secretary of Defense may increase the amount of the
    limitation under paragraph (1) by such amount or amounts as the
    Secretary determines to be necessary in the national interest,
    but not to exceed a total increase of $582,700,000. The
    Secretary may not increase the amount of such limitation under
    the preceding sentence until the Secretary provides notice to
    Congress of the Secretary's intent to authorize such an
    increase and a period of 15 days elapses after the day on which
    such notice is provided.
        (e) Allocations of Savings.--Any amounts appropriated to
    the Department of Defense for fiscal year 1994 for the purposes
    covered by subsection (d)(1) that are not available to be used
    for those purposes by reason of the limitation in that
    subsection shall be allocated by the Secretary of Defense for
    operation and maintenance and for military construction
    activities of the Department of Defense at military
    installations and facilities located inside the United States.

    SEC. 1402.\11\ BURDEN SHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES
                        AND REGIONAL ORGANIZATIONS. * * *
    ---------------------------------------------------------------------------

        \11\ Sec. 1402 inserted a revised version of section 1045 of the
    National Defense Authorization Act for Fiscal Years 1992 and 1993
    (Public Law 102-190; 105 Stat. 1465), into 10 U.S.C. as section 2350j,
    titled ``Burden sharing contributions by designated countries and
    regional organizations''.
    ---------------------------------------------------------------------------

                 Subtitle B--North Atlantic Treaty Organization

    SEC. 1411. FINDINGS, SENSE OF CONGRESS, AND REPORT REQUIREMENT
                        CONCERNING NORTH ATLANTIC TREATY ORGANIZATION.

        (a) Findings.--The Congress makes the following findings:
              (1) The North Atlantic Treaty Organization (NATO) has
            successfully met the challenge of helping to maintain
            the peace, security, and freedom of the United States
            and its NATO allies for more than 40 years.
              (2) The national security interests of the United
            States have been well served by the process of
            consultation, coordination, and military cooperation in
            the NATO framework.
              (3) Recent history has witnessed radical changes in
            the international security environment, including the
            fall of the Berlin Wall, the unification of Germany,
            the disbanding of the Warsaw Pact and the
            disintegration of the Soviet Union.
              (4) The military threats which NATO was established
            to deter have greatly diminished with the end of the
            Cold War.
              (5) The post-Cold War security situation continues to
            present a wide array of challenges to United States
            national interests, many of which interests the United
            States shares with its allies in Europe and Canada.
              (6) The international community may prove capable of
            deterring many threats to the common peace if it can
            respond decisively to aggression.
              (7) The United States must share the responsibilities
            and the burdens of pursuing international security and
            stability with other nations.
              (8) Several of the newly democratic nations of
            Central and Eastern Europe and the former Soviet Union
            have expressed interest in seeking membership in NATO.
              (9) Many of the security challenges facing the post-
            Cold War world would be best handled through coherent
            multilateral responses.
              (10) The United States should never send its military
            forces into combat unless they are provided with the
            best opportunity to accomplish their objectives with as
            little risk as possible.
              (11) Military interventions against antagonistic
            armed forces cannot be conducted safely or effectively
            on a multilateral basis unless such operations are
            jointly planned in advance and are executed by units
            which have trained together and are familiar with each
            others' operational procedures.
              (12) NATO is currently the only organization with the
            experience, trained staff, and infrastructure necessary
            to support military cooperation with the major military
            allies of the United States.
              (13) The NATO allies already have volunteered to
            consider requests from the United Nations and the
            Conference on Security and Cooperation in Europe for
            assistance in maintaining the peace.
              (14) Justification of the relevance of NATO in the
            post-Cold War world will depend largely upon the
            alliance's ability to adapt its mission, area of
            responsibility, and procedures to the new security
            environment.
              (15) Justification of future United States support
            for the alliance and for a United States military
            presence in Europe will depend upon NATO's ability to
            address those security interests which the United
            States shares with its allies in Europe and Canada.
              (16) The meeting of the NATO heads of state scheduled
            for January 1994, presents an excellent opportunity for
            the President to articulate a new, broader security
            mission for the alliance in the post-Cold War world,
            one which will enable it to address a wider array of
            threats to its members' interests and which will help
            to share more effectively the burden of international
            security requirements.
        (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) old threats to the security of the United States
            and its allies in the North Atlantic Treaty
            Organization having greatly diminished, and new, more
            diverse challenges having arisen (including ethno-
            religious conflict in Central and Eastern Europe and
            the former Soviet Union and the proliferation of
            weapons of mass destruction in regions proximate to
            alliance territory), NATO's mission must be redefined
            so that it may respond to such challenges to its
            members' security even when those challenges emanate
            from beyond the geographic boundaries of its members'
            territories;
              (2) NATO should review its consultative mechanisms in
            order to maximize its ability to marshal political,
            diplomatic, social, and economic solidarity, buttressed
            by credible military capability, and to bring the full
            weight and scope of its cooperative efforts to bear in
            addressing the new challenges; and
              (3) future United States military involvement in, and
            contributions to, NATO should be determined in relation
            to the alliance's success or failure in adapting itself
            to confronting the challenges of the post-Cold War
            world.
        (c) Report.--Not later than 30 days after the date of the
    enactment of this Act, the President shall transmit a report to
    the Committee on Armed Services and the Committee on Foreign
    Relations of the Senate and the Committee on Armed Services and
    the Committee on Foreign Affairs of the House of
    Representatives.\12\ The report shall contain recommendations
    on the following:
    ---------------------------------------------------------------------------
        \12\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provides that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) The manner in which NATO can formulate and
            implement a strategy to address the new, more disparate
            threats to the security of its members.
              (2) The manner in which NATO should continue to adapt
            its consultative process, including efforts to extend
            that process to the new democracies of Central and
            Eastern Europe and the former Soviet Union, so as to
            enhance its political, diplomatic, social, economic,
            and military efforts to project stability eastward and
            maximize its capabilities in crisis prevention and
            crisis management.
              (3) The feasibility of having NATO conduct security
            operations beyond the geographic boundaries of the
            alliance.
              (4) The manner in which NATO should restructure its
            forces, training and equipment for the new security
            environment, including with regard to multinational
            peacekeeping activities.
              (5) The desirability of expanding the alliance to
            include traditionally neutral nations or the new
            democratic nations of Central and Eastern Europe and
            the former Soviet Union that wish to join NATO.
              (6) The proper size and composition of United States
            forces to be deployed in Europe to assist in the
            implementation of NATO's new mandate and possible
            reduction in United States military deployments in
            Europe in the event of the alliance's failure to adopt
            a new mandate.
              (7) The structure and organization of NATO
            headquarters, with particular attention to the need to
            reinvigorate the NATO Military Committee.
              (8) The extent to which NATO liaison teams should be
            assigned to the United Nations and the Conference on
            Security and Cooperation in Europe so as to facilitate
            better coordination among these organizations,
            especially in regard to crisis prevention and crisis
            management.
              (9) The desirability of having additional NATO forces
            train in North America in a manner supportive of NATO's
            proposed new strategy.
              (10) The structure of NATO's military command, with
            particular attention to the need to make NATO's Rapid
            Reaction Force a credible deterrent to regional
            aggression.
              (11) The levels of United States, European, and
            Canadian defense budgets and their ability to finance
            forces consistent with the implementation of NATO's new
            mandate.

    SEC. 1412. MODIFICATION OF CERTAIN REPORT REQUIREMENTS.

        (a)-(b) * * *
        (c) Finding and Sense of Congress.--(1) The Congress finds
    that the Secretary of Defense did not submit to Congress in a
    timely manner the report on allied contributions to the common
    defense required under section 1003(c) of the National Defense
    Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
    note), to be submitted not later than April 1, 1993.
        (2) It is the sense of Congress that the timely submission
    of such report to Congress each year is essential to the
    deliberation by Congress concerning the annual defense program.
              * * * * * * *

    SEC. 1422. REPORT ON EFFECT OF INCREASED USE OF DUAL-USE TECHNOLOGIES
                        ON ABILITY TO CONTROL EXPORTS.

        (a) Report Requirement.--Not later than six months after
    the date of the enactment of this Act, the Secretary of Defense
    shall submit to Congress a report assessing what effect the
    increased use of dual-use and commercial technologies and items
    by the Department of Defense could have on the ability of the
    United States to control adequately the export of sensitive
    dual-use and military technologies and items to nations to whom
    the receipt of such technologies is contrary to United States
    national security interests.
        (b) Effect on Defense Programs.--The report required by
    subsection (a) shall include--
              (1) an assessment of the national security
            implications of any lowering of licensing controls on
            the export of dual-use items and technology, to include
            an assessment of the effect such lowering of controls
            could have on operational United States defense
            programs and capabilities and planned United States
            defense programs and capabilities;
              (2) a description of the steps the Secretary of
            Defense intends to take to ensure that any decontrol of
            dual-use items and technology does not place at risk
            the technology and defense capability lead that the
            United States currently enjoys; and
              (3) a description of the steps the Department of
            Defense intends to take to mitigate any possible
            increase in the proliferation threat resulting from
            decontrol of dual-use items and technology.
        (c) Consultation.--The report required by subsection (a)
    shall be prepared in consultation with the Director of Central
    Intelligence.

    SEC. 1423. EXTENSION OF LANDMINE EXPORT MORATORIUM.

        (a) Findings.--The Congress makes the following findings:
              (1) Anti-personnel landmines, which are designed to
            maim and kill people, have been used indiscriminately
            in dramatically increasing numbers around the world.
            Hundreds of thousands of noncombatant civilians,
            including children, have been the primary victims.
            Unlike other military weapons, landmines often remain
            implanted and undiscovered after conflict has ended,
            causing massive suffering to civilian populations.
              (2) Tens of millions of landmines have been strewn in
            at least 62 countries, often making whole areas
            uninhabitable. The Department of State estimates that
            there are more than 10,000,000 landmines in
            Afghanistan, 9,000,000 in Angola, 4,000,000 in
            Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000
            each in Somalia, Mozambique, and the former Yugoslavia.
            Hundreds of thousands of landmines were used in
            conflicts in Central America in the 1980s.
              (3) Advanced technologies are being used to
            manufacture sophisticated mines which can be scattered
            remotely at a rate of 1,000 per hour. These mines,
            which are being produced by many industrialized
            countries, were found in Iraqi arsenals after the
            Persian Gulf War.
              (4) At least 300 types of anti-personnel landmines
            have been manufactured by at least 44 countries,
            including the United States. However, the United States
            is not a major exporter of landmines. During the 10
            years from 1983 through 1992, the United States
            approved 10 licenses for the commercial export of anti-
            personnel landmines with a total value of $980,000 and
            the sale under the Foreign Military Sales program of
            108,852 anti-personnel landmines.
              (5) The United States signed, but has not ratified,
            the 1980 Convention on Prohibitions or Restrictions on
            the Use of Certain Conventional Weapons Which May Be
            Deemed To Be Excessively Injurious or To Have
            Indiscriminate Effects. Protocol II of the Convention,
            otherwise known as the Landmine Protocol, prohibits the
            indiscriminate use of landmines.
              (6) When it signed the 1980 Convention, the United
            States stated: ``We believe that the Convention
            represents a positive step forward in efforts to
            minimize injury or damage to the civilian population in
            time of armed conflict. Our signature of the Convention
            reflects the general willingness of the United States
            to adopt practical and reasonable provisions concerning
            the conduct of military operations, for the purpose of
            protecting noncombatants.''.
              (7) The United States also indicated that it had
            supported procedures to enforce compliance, which were
            omitted from the Convention's final draft. The United
            States stated: ``The United States strongly supported
            proposals by other countries during the Conference to
            include special procedures for dealing with compliance
            matters, and reserves the right to propose at a later
            date additional procedures and remedies, should this
            prove necessary, to deal with such problems.''.
              (8) The lack of compliance procedures and other
            weaknesses have significantly undermined the
            effectiveness of the Landmine Protocol. Since it
            entered into force on December 2, 1983, the number of
            civilians maimed and killed by anti-personnel landmines
            has multiplied.
              (9) Since October 23, 1992, when a one-year
            moratorium on sales, transfers, and exports by the
            United States of anti-personnel landmines was enacted
            into law (in section 1365 of the National Defense
            Authorization Act for Fiscal Year 1993 (Public Law 102-
            484; 22 U.S.C. 2778 note)), the European Parliament has
            issued a resolution calling for a five year moratorium
            on sales, transfers, and exports of anti-personnel
            landmines and the Government of France has announced
            that it has ceased all sales, transfers, and exports of
            anti-personnel landmines.
              (10) On December 2, 1993, 10 years will have elapsed
            since the 1980 Convention entered into force,
            triggering the right of any party to request a United
            Nations conference to review the Convention. Amendments
            to the Landmine Protocol may be considered at that
            time. A formal request has been made to the United
            Nations Secretary General for a review conference. With
            necessary preparations and consultations among
            governments, a review conference is not expected to be
            convened before late 1994 or early 1995.
              (11) The United States should continue to set an
            example for other countries in such negotiations by
            extending the moratorium on sales, transfers, and
            exports of anti-personnel landmines for an additional
            three years. A moratorium of that duration would extend
            the prohibition on the sale, transfer, and export of
            anti-personnel landmines a sufficient time to take into
            account the results of a United Nations review
            conference.
        (b) Statement of Policy.--
              (1) It is the policy of the United States to seek
            verifiable international agreements prohibiting the
            sale, transfer or export, and further limiting the
            manufacture, possession and use, of anti-personnel
            landmines.
              (2) It is the sense of the Congress that--
                      (A) the President should submit the 1980
                    Convention on Certain Conventional Weapons to
                    the Senate for ratification; and
                      (B) the United States should--
                              (i) participate in a United Nations
                            conference to review the Landmine
                            Protocol; and
                              (ii) actively seek to negotiate under
                            United Nations auspices a modification
                            of the Landmine Protocol, or another
                            international agreement, to prohibit
                            the sale, transfer, or export of anti-
                            personnel landmines and to further
                            limit the manufacture, possession, and
                            use of anti-personnel landmines.
        (c) * * *
        (d) Definition.--(1) \13\ For purposes of this section, the
    term ``anti-personnel landmine'' means any of the following:
    ---------------------------------------------------------------------------
        \13\ Sec. 1401 of the National Defense Authorization Act for Fiscal
    Year 1996 (Public Law 104-106; 110 Stat. 488) inserted para.
    designation ``(1)''; redesignated paras. (1), (2), and (3) as subparas.
    (A), (B), and (C), and added a new para. (2).
    ---------------------------------------------------------------------------
              (A) \13\ Any munition placed under, on, or near the
            ground or other surface area, or delivered by
            artillery, rocket, mortar, or similar means or dropped
            from an aircraft and which is designed to be detonated
            or exploded by the presence, proximity, or contact of a
            person.
              (B) \13\ Any device or material which is designed,
            constructed, or adapted to kill or injure and which
            functions unexpectedly when a person disturbs or
            approaches an apparently harmless object or performs an
            apparently safe act.
              (C) \13\ Any manually-emplaced munition or device
            designed to kill, injure, or damage and which is
            actuated \14\ automatically after a lapse of time.
    ---------------------------------------------------------------------------
        \14\ Sec. 1401(2) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 488) struck out ``by
    remote control or'' after ``is actuated''.
    ---------------------------------------------------------------------------
        (2) The term does not include command detonated
    antipersonnel land mines (such as the M18A1 ``Claymore'' mine).

                           Subtitle D--Other Matters

              * * * * * * *

    SEC. 1432.\15\ * * * [REPEALED--1996]

    SEC. 1433.\16\ CONSENT OF CONGRESS TO SERVICE BY RETIRED MEMBERS IN
                        MILITARY FORCES OF NEWLY DEMOCRATIC NATIONS.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \15\ Sec. 1061(n) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 443) repealed sec.
    1432, relating to American diplomatic facilities in Germany.
        \16\ 10 U.S.C. 1058 note.
    ---------------------------------------------------------------------------
              (1) It is in the national security interest of the
            United States to promote democracy throughout the
            world.
              (2) The armed forces of newly democratic nations
            often lack the democratic traditions that are a
            hallmark of the Armed Forces of the United States.
              (3) The understanding of military roles and missions
            in a democracy is essential for the development and
            preservation of democratic forms of government.
              (4) The service of retired members of the Armed
            Forces of the United States in the armed forces of
            newly democratic nations could lead to a better
            understanding of military roles and missions in a
            democracy.
        (b) \17\ Consent of Congress.--(1) Chapter 53 of title 10,
    United States Code, is amended by adding at the end the
    following new section: * * *
    ---------------------------------------------------------------------------
        \17\ Sec. 1433(b) added sec. 1058 to 10 U.S.C., relating to
    ``military service of retired members with newly democratic nations:
    consent of Congress''.
    ---------------------------------------------------------------------------
        (c) Conforming Cross Reference.--* * *
        (d) Effective Date.--Section 1058 of title 10, United
    States Code, as added by subsection (a), shall take effect as
    of January 1, 1993.

    SEC. 1434. SEMIANNUAL REPORT ON EFFORTS TO SEEK COMPENSATION FROM
                        GOVERNMENT OF PERU FOR DEATH AND WOUNDING OF
                        CERTAIN UNITED STATES SERVICEMEN.

        (a) Findings.--The Congress finds that--
              (1) the United States Government has not made
            adequate efforts to seek the payment of compensation by
            the Government of Peru for the death and injuries to
            United States military personnel resulting from the
            attack by aircraft of the military forces of Peru on
            April 24, 1992, against a United States Air Force C-130
            aircraft operating off the coast of Peru; and
              (2) in failing to make such efforts adequately, the
            United States Government has failed in its obligation
            to support the servicemen and their families involved
            in the incident and generally to support members of the
            Armed Forces carrying out missions on behalf of the
            United States.
        (b) Semiannual Report.--Not later than December 1 and June
    1 of each year, the Secretary of Defense shall submit to the
    Committees on Armed Services and Foreign Affairs of the House
    of Representatives \18\ and the Committees on Armed Services
    and Foreign Relations of the Senate a report on the efforts
    made by the Government of the United States during the
    preceding six-month period to seek the payment of fair and
    equitable compensation by the Government of Peru (1) to the
    survivors of Master Sergeant Joseph Beard, Jr., United States
    Air Force, who was killed in the attack described in subsection
    (a), and (2) to the other crew members who were wounded in the
    attack and survived.
    ---------------------------------------------------------------------------
        \18\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
        (c) Termination of Report Requirement.--The requirement in
    subsection (b) shall terminate upon certification by the
    Secretary of Defense to Congress that the Government of Peru
    has paid fair and equitable compensation as described in
    subsection (b).

        TITLE XV--INTERNATIONAL PEACEKEEPING AND HUMANITARIAN ACTIVITIES

                       Subtitle A--Assistance Activities

    SEC. 1501. GENERAL AUTHORIZATION OF SUPPORT FOR INTERNATIONAL
                        PEACEKEEPING ACTIVITIES.

        (a) Authorized Support for Fiscal Year 1994.--The Secretary
    of Defense may provide assistance for international
    peacekeeping activities during fiscal year 1994, in accordance
    with section 403 of title 10, United States Code, in an amount
    not to exceed $300,000,000. Any assistance so provided may be
    derived from funds appropriated to the Department of Defense
    for fiscal year 1994 for operation and maintenance or
    (notwithstanding the second sentence of subsection (b) of that
    section) from balances in working capital funds.
        (b)-(c) * * *

    SEC. 1502. REPORT ON MULTINATIONAL PEACEKEEPING AND PEACE ENFORCEMENT.

        (a) Report Required.--Not later than April 1, 1994, the
    President, after seeking the views of the Secretary of State
    and the Secretary of Defense, shall submit to the committees
    specified in subsection (c) a report on United States policy on
    multinational peacekeeping and peace enforcement.
        (b) Content of Report.--The report shall contain a
    comprehensive analysis and discussion of the following matters:
              (1) Criteria for participation by the United States
            in multinational missions through the United Nations,
            the North Atlantic Treaty Organization, or other
            regional alliances and international organizations.
              (2) Proposals for expanding peacekeeping activities
            by the North Atlantic Treaty Organization and the North
            Atlantic Cooperation Council, including multinational
            operations, multinational training, and multinational
            doctrine development.
              (3) Proposals for establishing regional entities, on
            an ad hoc basis or a permanent basis, to conduct
            peacekeeping or peace enforcement operations under a
            United Nations mandate as an alternative to direct
            United Nations involvement in such operations.
              (4) A summary of progress made by the United States,
            in consultation with other nations, to develop doctrine
            for peacekeeping and peace enforcement operations and
            plans to conduct exercises with other nations for such
            purposes.
              (5) Proposals for criteria for determining whether to
            commence new peacekeeping missions, including, in the
            case of any such mission, criteria for determining the
            threat to international peace to be addressed by the
            mission, the precise objectives of the mission, the
            costs of the mission, and the proposed endpoint of the
            mission.
              (6) The principles, criteria, or considerations
            guiding decisions to place United States forces under
            foreign command or to decline to put United States
            forces under foreign command.
              (7) Proposals to establish opportunities within the
            Armed Forces for voluntary assignment to duty in units
            designated for assignment to multinational peacekeeping
            and peace enforcement missions.
              (8) Proposals to modify the budgetary and financial
            policies of the United Nations for peacekeeping and
            peace enforcement missions, including--
                      (A) proposals regarding the structure and
                    control of budgetary procedures;
                      (B) proposals regarding United Nations
                    accounting procedures; and
                      (C) specific proposals--
                              (i) to establish a revolving capital
                            fund to finance the costs of starting
                            new United Nations operations approved
                            by the Security Council;
                              (ii) to establish a requirement that
                            United Nations member nations pay one-
                            third of the anticipated first-year
                            costs of a new operation immediately
                            upon Security Council approval of that
                            operation;
                              (iii) to establish a requirement that
                            United Nations member nations be
                            charged interest penalties on late
                            payment of their assessments for
                            peacekeeping or peace enforcement
                            missions;
                              (iv) regarding possible sources of
                            international revenue for United
                            Nations peacekeeping and peace
                            enforcement missions;
                              (v) regarding the need to lower the
                            United States peacekeeping assessment
                            to the same percentage as the United
                            States assessment to the regular United
                            Nations budget; and
                              (vi) regarding a revision of the
                            current schedule of payments per
                            servicemember assigned to a
                            peacekeeping mission in order to bring
                            payments more in line with costs.
              (9) Proposals to establish a small United Nations
            Rapid Deployment Force under the direction of the
            United Nations Security Council in order to provide for
            quick intervention in disputes for the purpose of
            preventing a larger outbreak of hostilities.
              (10) Proposals for reorganization of the United
            Nations Secretariat to provide improved management of
            peacekeeping operations, including the establishment of
            a Department of Peace Operations (DPO) and the transfer
            of the Operations Division from Field Operations into
            such a department.
              (11) Requirement of congressional approval for
            participation of United States Armed Forces in
            multinational peacekeeping and peace enforcement
            missions, including the applicability of the War Powers
            Resolution and the United Nations Participation Act.
              (12) Proposals that the United States and other
            United Nations member nations negotiate special
            agreements under article 43 of the United Nations
            Charter to provide for those states to make armed
            forces, assistance, and facilities available to the
            United Nations Security Council for the purposes stated
            in article 42 of that charter, not only on an ad hoc
            basis, but also on a permanent on-call basis for rapid
            deployment under Security Council authorization.
              (13) A proposal that member nations of the United
            Nations commit to keep equipment specified by the
            Secretary General of the United Nations available for
            immediate sale, loan, or donation to the United Nations
            when required.
              (14) A proposal that member nations of the United
            Nations make airlift and sealift capacity available to
            the United Nations without charge or at lower than
            commercial rates.
              (15) An evaluation of the current capabilities and
            future needs of the United Nations for improved
            command, control, communications, and intelligence
            infrastructure, including facilities, equipment,
            procedures, training, and personnel, and an analysis of
            United States capabilities and experience in such
            matters that could be applied or offered directly to
            the United Nations.
              (16) An evaluation of the potential role of the
            Military Staff Committee of the United Nations Security
            Council.
              (17) Training requirements for foreign military
            personnel designated to participate in peacekeeping
            operations, including an assessment of the nation,
            nations, or organizations that might best provide such
            training and at what cost.
              (18) Any other information that may be useful to
            inform Congress on matters relating to United States
            policy and proposals on peacekeeping and peace
            enforcement missions.
        (c) Committees To Receive Report.--The committees to which
    the report under this section are to be submitted are--
              (1) the Committee on Armed Services and the Committee
            on Foreign Relations of the Senate; and
              (2) the Committee on Armed Services and the Committee
            on Foreign Affairs of the House of Representatives.\19\
    ---------------------------------------------------------------------------
        \19\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------

    SEC. 1503. MILITARY-TO-MILITARY CONTACT.

        (a) Continuation of Certain Military-to-Military
    Programs.--Of the amounts authorized to be appropriated
    pursuant to section 301 for Defense-wide activities,
    $10,000,000 shall be made available to continue efforts that
    were initiated by the commander of a United States unified
    command and approved by the chairman of the Joint Chiefs of
    Staff for military-to-military contacts and comparable
    activities that are designed to assist the military forces of
    other countries in understanding the appropriate role of
    military forces in a democratic society.
        (b) Limitation.--Subsection (a) applies only to activities
    initiated by September 30, 1993, and only in the case of
    countries with which those activities had been initiated by
    that date.

    SEC. 1504.\20\ HUMANITARIAN AND CIVIC ASSISTANCE.

        (a) Regulations.--The regulations required to be prescribed
    under section 401 of title 10, United States Code, shall be
    prescribed not later than March 1, 1994. In prescribing such
    regulations, the Secretary of Defense shall consult with the
    Secretary of State.
    ---------------------------------------------------------------------------
        \20\ 10 U.S.C. 401 note.
    ---------------------------------------------------------------------------
        (b) Limitation on Use of Funds.--Section 401(c)(2) of title
    10, United States Code, is amended by inserting before the
    period the following: * * *
        (c) Notifications Regarding Humanitarian Relief.--Any
    notification provided to the appropriate congressional
    committees with respect to assistance activities under section
    2551 of title 10, United States Code, shall include a detailed
    description of any items for which transportation is provided
    that are excess nonlethal supplies of the Department of
    Defense, including the quantity, acquisition value, and value
    at the time of the transportation of such items.
        (d) Report on Humanitarian Assistance Activities.--(1) The
    Secretary of Defense shall submit to the appropriate
    congressional committees a report on the activities planned to
    be carried out by the Department of Defense during fiscal year
    1995 under sections 401, 402, 2547, and 2551 of title 10,
    United States Code. The report shall include information,
    developed after consultation with the Secretary of State, on
    the distribution of excess nonlethal supplies transferred to
    the Secretary of State during fiscal year 1993 pursuant to
    section 2547 of that title.
        (2) The report shall be submitted at the same time that the
    President submits the budget for fiscal year 1995 to Congress
    pursuant to section 1105 of title 31, United States Code.
        (e) Authorization of Appropriations.--The funds authorized
    to be appropriated by section 301(18) shall be available to
    carry out humanitarian and civic assistance activities under
    sections 401, 402, and 2551 of title 10, United States Code.
        (f) Appropriate Congressional Committees.--In this section,
    the term ``appropriate congressional committees'' means--
              (1) the Committee on Appropriations, the Committee on
            Armed Services, and the Committee on Foreign Affairs of
            the House of Representatives; \21\ and
    ---------------------------------------------------------------------------
        \21\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) the Committee on Appropriations, the Committee on
            Armed Services, and the Committee on Foreign Relations
            of the Senate.

               Subtitle B--Policies Regarding Specific Countries

    SEC. 1511.\22\ SANCTIONS AGAINST SERBIA AND MONTENEGRO.

        (a) Codification of Executive Branch Sanctions.--The
    sanctions imposed on Serbia and Montenegro, as in effect on the
    date of the enactment of this Act, that were imposed by or
    pursuant to the following directives of the executive branch
    shall (except as provided under subsections (d) and (e)) remain
    in effect until changed by law:
    ---------------------------------------------------------------------------
        \22\ 50 U.S.C. 1701 note.
        In a memorandum for the Secretary of State on February 16, 1999,
    the President certified ``that the waiver of the application of the
    prohibition in section 1511(b) of Public Law 103-160 is necessary to
    achieve a negotiated settlement of the conflict in Bosnia-Herzegovina
    that is acceptable to the parties, tot he extent that such provision
    applies to the furnishing of assistance to the Republic of
    Montenegro.'' [Presidential Determination No. 99-14; 64 F.R. 9263].
        In a memorandum for the Secretary of State on May 30, 1997, the
    President certified ``that the waiver of the application of the
    prohibition in section 1511(b) of Public Law 103-160 and of the
    application of 540(a) of [Public Law 104-208] is necessary to achieve a
    negotiated settlement of the conflict in Bosnia and Herzegovina that is
    acceptable to the parties, to the extent that such provisions apply to
    the furnishing of assistance to facilitate destruction of military
    equipment.'' [Presidential Determination No. 97-26; 62 F.R. 32015].
        In a memorandum for the Secretaries of State, Treasury, and
    Transportation, the President, on December 27, 1995 (Presidential
    Determination No. 96-7; 61 F.R. 2887), determined that:
    ---------------------------------------------------------------------------

      ``[T]he waiver or modification of the sanctions of Serbia and Montenegro
    that were imposed by or pursuant to the directives described in section
    1511(a)(1-5) and (7-8) of the Act, in conformity with the provisions of
    United Nations Security Council Resolutions 1021 and 1022 of November 22,
    1995, is necessary to achieve a negotiated settlement of the conflict in
    Bosnia-Herzegovina that is acceptable to the parties.

      ``Therefore, I hereby direct the Secretary of the Treasury to take
    appropriate action to suspend the application of the sanctions imposed on
    Serbia and Montenegro pursuant to Executive Order No. 12808 of May 30,
    1992, Executive Order 12810 of June 5, 1992, Executive Order 12831 of
    January 15, 1993, and Executive Order 12846 of April 25, 1993, effective
    upon the transmittal of this determination to the Congress. The property
    and interests in property previously blocked remain blocked until provision
    is made to address claims or encumbrances, including the claims of the
    other successor states of the former Yugoslavia.

      ``I hereby direct the Secretary of Transportation to take appropriate
    action to suspend the application of the sanctions imposed pursuant to
    Department of Transportation Order 92-5-38 of May 20, 1992, Department of
    Transportation Order 92-6-27 of June 12, 1992, and Special Federal Aviation
    Regulation No. 66-2 of May 31, 1995 (14 C.F.R. Part 91, 60 Federal Register
    28477), effective upon the transmittal of this determination to the
    Congress.

      ``I hereby authorize the Secretary of State to take appropriate action to
    suspend the application of the sanctions imposed pursuant to Department of
    State Public Notice 1427 of July 11, 1991, at the appropriate time in
    conformity with the provisions of United Nations Security Council
    Resolution 1021 of November 22, 1995.

      ``The national emergency declared in Executive Order No. 12808 and
    expanded in Executive Order No. 12934 shall continue in effect.''.
    ---------------------------------------------------------------------------

        Sec. 540 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law
    104-208; 110 Stat. 3009), provided the following:
    ---------------------------------------------------------------------------

    ``restrictions on the termination of sanctions against serbia and
    montenegro
    ---------------------------------------------------------------------------

        ``Sec. 540. (a) Restrictions.--Notwithstanding any other provision
    of law, no sanction, prohibition, or requirement described in section
    1511 of the National Defense Authorization Act for Fiscal Year 1994
    (Public Law 103-160), with respect to Serbia or Montenegro, may cease
    to be effective, unless--
    ---------------------------------------------------------------------------

      ``(1) the President first submits to the Congress a certification
    described in subsection (b); and

      ``(2) the requirements of section 1511 of that Act are met.
    ---------------------------------------------------------------------------

        ``(b) Certification.--A certification described in this subsection
    is a certification that--
    ---------------------------------------------------------------------------

      ``(1) there is substantial progress toward--

      ``(A) the realization of a separate identity for Kosova and the right of
    the people of Kosova to govern themselves; or

      ``(B) the creation of an international protectorate for Kosova;

      ``(2) there is substantial improvement in the human rights situation in
    Kosova;

      ``(3) international human rights observers are allowed to return to
    Kosova; and

      ``(4) the elected government of Kosova is permitted to meet and carry out
    its legitimate mandate as elected representatives of the people of Kosova.
    ---------------------------------------------------------------------------

        ``(c) Waiver Authority.--The President may waive the application in
    whole or in part, of subsection (a) if the President certifies to the
    Congress that the President has determined that the waiver is necessary
    to meet emergency humanitarian needs or to achieve a negotiated
    settlement of the conflict in Bosnia and Herzegovina that is acceptable
    to the parties.''.
    ---------------------------------------------------------------------------
              (1) Executive Order 12808 of May 30, 1992, as
            continued in effect on May 25, 1993.
              (2) Executive Order 12810 of June 5, 1992.
              (3) Executive Order 12831 of January 15, 1993.
              (4) Executive Order 12846 of April 25, 1993.
              (5) Department of State Public Notice 1427, effective
            July 11, 1991.
              (6) Proclamation 6389 of December 5, 1991 (56 Fed.
            Register 64467).
              (7) Department of Transportation Order 92-5-38 of May
            20, 1992.
              (8) Federal Aviation Administration action of June
            19, 1992 (14 C.F.R. Part 91).
        (b) Prohibition on Assistance.--No funds appropriated or
    otherwise made available by law may be obligated or expended on
    behalf of the government of Serbia or the government of
    Montenegro.
        (c) International Financial Institutions.--The Secretary of
    the Treasury shall instruct the United States executive
    director of each international financial institution to use the
    voice and vote of the United States to oppose any assistance
    from that institution to the government of Serbia or the
    government of Montenegro, except for basic human needs.
        (d) Exception.--Notwithstanding any other provision of law,
    the President is authorized and encouraged to exempt from
    sanctions imposed against Serbia and Montenegro that are
    described in subsection (a) those United States-supported
    programs, projects, or activities that involve reform of the
    electoral process, the development of democratic institutions
    or democratic political parties, or humanitarian assistance
    (including refugee care and human rights observation).
        (e) Waiver Authority.--(1) The President may waive or
    modify the application, in whole or in part, of any sanction
    described in subsection (a), the prohibition in subsection (b),
    or the requirement in subsection (c).
        (2) Such a waiver or modification may only be effective
    upon certification by the President to Congress that the
    President has determined that the waiver or modification is
    necessary (A) to meet emergency humanitarian needs, or (B) to
    achieve a negotiated settlement of the conflict in Bosnia-
    Herzegovina that is acceptable to the parties.

    SEC. 1512.\23\ INVOLVEMENT OF ARMED FORCES IN SOMALIA.

        (a) Sense of Congress Regarding United States Policy Toward
    Somalia.--
              (1) Since United States Armed Forces made significant
            contributions under Operation Restore Hope towards the
            establishment of a secure environment for humanitarian
            relief operations and restoration of peace in the
            region to end the humanitarian disaster that had
            claimed more than 300,000 lives.
    ---------------------------------------------------------------------------
        \23\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
              (2) Since the mission of United States forces in
            support of the United Nations appears to be evolving
            from the establishment of ``a secure environment for
            humanitarian relief operations,'' as set out in United
            Nations Security Council Resolution 794 of December 3,
            1992, to one of internal security and nation building.
        (b) Statement of Congressional Policy.--
              (1) Consultation with the congress.--The President
            should consult closely with the Congress regarding
            United States policy with respect to Somalia, including
            in particular the deployment of United States Armed
            Forces in that country, whether under United Nations or
            United States command.
              (2) Planning.--The United States shall facilitate the
            assumption of the functions of United States forces by
            the United Nations.
              (3) Reporting requirement.--
                      (A) The President shall ensure that the goals
                    and objectives supporting deployment of United
                    States forces to Somalia and a description of
                    the mission, command arrangements, size,
                    functions, location, and anticipated duration
                    in Somalia of those forces are clearly
                    articulated and provided in a detailed report
                    to the Congress by October 15, 1993.
                      (B) Such report shall include the status of
                    planning to transfer the function contained in
                    paragraph (2).
              (4) Congressional approval.--Upon reporting under the
            requirements of paragraph (3) Congress believes the
            President should by November 15, 1993, seek and receive
            congressional authorization in order for the deployment
            of United States forces to Somalia to continue.

                      TITLE XVI--ARMS CONTROL MATTERS \24\
    ---------------------------------------------------------------------------

        \24\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------
              * * * * * * *

              TITLE XVII--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE

    SEC. 1701.\25\ CONDUCT OF THE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.

        (a) General.--The Secretary of Defense shall carry out the
    chemical and biological defense program of the United States in
    accordance with the provisions of this section.
    ---------------------------------------------------------------------------
        \25\ 50 U.S.C. 1522.
    ---------------------------------------------------------------------------
        (b) Management and Oversight.--In carrying out his
    responsibilities under this section, the Secretary of Defense
    shall do the following:
              (1) Assign responsibility for overall coordination
            and integration of the chemical and biological warfare
            defense program and the chemical and biological medical
            defense program to a single office within the Office of
            the Secretary of Defense.
              (2) Take those actions necessary to ensure close and
            continuous coordination between (A) the chemical and
            biological warfare defense program, and (B) the
            chemical and biological medical defense program.
              (3) Exercise oversight over the chemical and
            biological defense program through the Defense
            Acquisition Board process.
        (c) Coordination of the Program.--(1) \26\ The Secretary of
    Defense shall designate the Army as executive agent for the
    Department of Defense to coordinate and integrate research,
    development, test, and evaluation, and acquisition,
    requirements of the military departments for chemical and
    biological warfare defense programs of the Department of
    Defense.
    ---------------------------------------------------------------------------
        \26\ Sec. 228(a) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) inserted para.
    designation ``(1)'' before ``The Secretary'' and added para. (2).
    ---------------------------------------------------------------------------
        (2) \26\ The Director of the Defense Advanced Research
    Projects Agency may conduct a program of basic and applied
    research and advanced technology development on chemical and
    biological warfare defense technologies and systems. In
    conducting such program, the Director shall seek to avoid
    unnecessary duplication of the activities under the program
    with chemical and biological warfare defense activities of the
    military departments and defense agencies and shall coordinate
    the activities under the program with those of the military
    departments and defense agencies.
        (d) Funding.--(1) The budget for the Department of Defense
    for each fiscal year after fiscal year 1994 shall reflect a
    coordinated and integrated chemical and biological defense
    program for the Department of Defense.\27\
    ---------------------------------------------------------------------------
        \27\ Sec. 228(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) struck out
    ``military departments'' and inserted in lieu thereof ``Department of
    Defense''.
    ---------------------------------------------------------------------------
        (2) Funding requests for the program (other than for
    activities under the program conducted by the Defense Advanced
    Research Projects Agency under subsection (c)(2)) \28\ shall be
    set forth in the budget of the Department of Defense for each
    fiscal year as a separate account, with a single program
    element for each of the categories of research, development,
    test, and evaluation, acquisition, and military construction.
    Amounts for military construction projects may be set forth in
    the annual military construction budget. Funds for military
    construction for the program in the military construction
    budget shall be set forth separately from other funds for
    military construction projects. Funding requests for the
    program may not be included in the budget accounts of the
    military departments.
    ---------------------------------------------------------------------------
        \28\ Sec. 228(b)(2) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) inserted ``(other
    than for activities under the program conducted by the Defense Advanced
    Research Projects Agency under subsection (c)(2))'' after ``requests
    for the program''.
    ---------------------------------------------------------------------------
        (3) \29\ The program conducted by the Defense Advanced
    Research Projects Agency under subsection (c)(2) shall be set
    forth as a separate program element in the budget of that
    agency.
    ---------------------------------------------------------------------------
        \29\ Sec. 228(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2460) redesignated
    para. (3) as para. (4) and inserted a new para. (3).
    ---------------------------------------------------------------------------
        (4) \29\ All funding requirements for the chemical and
    biological defense program shall be reviewed by the Secretary
    of the Army as executive agent pursuant to subsection (c).
        (e) Management Review and Report.--(1) The Secretary of
    Defense shall conduct a review of the management structure of
    the Department of Defense chemical and biological warfare
    defense program, including--
              (A) research, development, test, and evaluation;
              (B) procurement;
              (C) doctrine development;
              (D) policy;
              (E) training;
              (F) development of requirements;
              (G) readiness; and
              (H) risk assessment.
        (2) Not later than May 1, 1994, the Secretary shall submit
    to Congress a report that describes the details of measures
    being taken to improve joint coordination and oversight of the
    program and ensure a coherent and effective approach to its
    management.

    SEC. 1702.\30\ CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE
                        TRAINING ACTIVITIES.

        The Secretary of Defense shall consolidate all chemical and
    biological warfare defense training activities of the
    Department of Defense at the United States Army Chemical
    School.
    ---------------------------------------------------------------------------
        \30\ 50 U.S.C. 1522 note.
    ---------------------------------------------------------------------------

    SEC. 1703.\31\ ANNUAL REPORT ON CHEMICAL AND BIOLOGICAL WARFARE
                        DEFENSE.

        (a) Report Required.--The Secretary of Defense shall
    include in the annual report of the Secretary under section
    113(c) of title 10, United States Code, a report on chemical
    and biological warfare defense. The report shall assess--
    ---------------------------------------------------------------------------
        \31\ 50 U.S.C. 1523.
    ---------------------------------------------------------------------------
              (1) the overall readiness of the Armed Forces to
            fight in a chemical-biological warfare environment and
            shall describe steps taken and planned to be taken to
            improve such readiness; and
              (2) requirements for the chemical and biological
            warfare defense program, including requirements for
            training, detection, and protective equipment, for
            medical prophylaxis, and for treatment of casualties
            resulting from use of chemical or biological weapons.
        (b) Matters To Be Included.--The report shall include
    information on the following:
              (1) The quantities, characteristics, and capabilities
            of fielded chemical and biological defense equipment to
            meet wartime and peacetime requirements for support of
            the Armed Forces, including individual protective
            items.
              (2) The status of research and development programs,
            and acquisition programs, for required improvements in
            chemical and biological defense equipment and medical
            treatment, including an assessment of the ability of
            the Department of Defense and the industrial base to
            meet those requirements.
              (3) Measures taken to ensure the integration of
            requirements for chemical and biological defense
            equipment and material among the Armed Forces.
              (4) The status of nuclear, biological, and chemical
            (NBC) warfare defense training and readiness among the
            Armed Forces and measures being taken to include
            realistic nuclear, biological, and chemical warfare
            simulations in war games, battle simulations, and
            training exercises.
              (5) Measures taken to improve overall management and
            coordination of the chemical and biological defense
            program.
              (6) Problems encountered in the chemical and
            biological warfare defense program during the past year
            and recommended solutions to those problems for which
            additional resources or actions by the Congress are
            required.
              (7) A description of the chemical warfare defense
            preparations that have been and are being undertaken by
            the Department of Defense to address needs which may
            arise under article X of the Chemical Weapons
            Convention.
              (8) A summary of other preparations undertaken by the
            Department of Defense and the On-Site Inspection Agency
            to prepare for and to assist in the implementation of
            the convention, including activities such as training
            for inspectors, preparation of defense installations
            for inspections under the convention using the Defense
            Treaty Inspection Readiness Program, provision of
            chemical weapons detection equipment, and assistance in
            the safe transportation, storage, and destruction of
            chemical weapons in other signatory nations to the
            convention.
              (9) \32\ A description of any program involving the
            testing of biological or chemical agents on human
            subjects that was carried out by the Department of
            Defense during the period covered by the report,
            together with--
    ---------------------------------------------------------------------------
        \32\ Sec. 1078(f) of Public Law 105-85 (111 Stat. 1915) added para.
    (9).
    ---------------------------------------------------------------------------
                      (A) a detailed justification for the testing;
                      (B) a detailed explanation of the purposes of
                    the testing;
                      (C) a description of each chemical or
                    biological agent tested; and
                      (D) the Secretary's certification that
                    informed consent to the testing was obtained
                    from each human subject in advance of the
                    testing on that subject.

    SEC. 1704.\33\ SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING
                        FOR RESPONSE TO TERRORIST THREATS.

        It is the sense of Congress that the President should
    strengthen Federal interagency emergency planning by the
    Federal Emergency Management Agency and other appropriate
    Federal, State, and local agencies for development of a
    capability for early detection and warning of and response to--
    ---------------------------------------------------------------------------
        \33\ 50 U.S.C. 1522 note.
    ---------------------------------------------------------------------------
              (1) potential terrorist use of chemical or biological
            agents or weapons; and
              (2) emergencies or natural disasters involving
            industrial chemicals or the widespread outbreak of
            disease.

    SEC. 1705.\34\ AGREEMENTS TO PROVIDE SUPPORT TO VACCINATION PROGRAMS OF
                        DEPARTMENT OF HEALTH AND HUMAN SERVICES.

        (a) Agreements Authorized.--The Secretary of Defense may
    enter into agreements with the Secretary of Health and Human
    Services to provide support for vaccination programs of the
    Secretary of Health and Human Services in the United States
    through use of the excess peacetime biological weapons defense
    capability of the Department of Defense.
    ---------------------------------------------------------------------------
        \34\ 50 U.S.C. 1524.
    ---------------------------------------------------------------------------
        (b) Report.--Not later than February 1, 1994, the Secretary
    of Defense shall submit to the congressional defense committees
    a report on the feasibility of providing Department of Defense
    support for vaccination programs under subsection (a) and shall
    identify resource requirements that are not within the
    Department's capability.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

              * * * * * * *
    ---------------------------------------------------------------------------
        \35\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II.
    ---------------------------------------------------------------------------

                    TITLE XXXV--PANAMA CANAL COMMISSION \35\

              * * * * * * *
               s. Department of Defense Appropriations Act, 1994

        Partial text of Public Law 103-139 [H.R. 3116], 107 Stat. 1418,
                           approved November 11, 1993

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 1994, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 1994, for military functions administered by the
    Department of Defense, and for other purposes, namely:
              * * * * * * *

                                   TITLE VIII

                               GENERAL PROVISIONS

              * * * * * * *
        Sec. 8033. During the current fiscal year and thereafter,
    of the funds appropriated, reimbursable expenses incurred by
    the Department of Defense on behalf of the Soviet Union or its
    successor entities in monitoring United States implementation
    of the Treaty Between the United States of America and the
    Union of Soviet Socialist Republics on the Elimination of Their
    Intermediate-Range or Shorter-Range Missiles (``INF Treaty''),
    concluded December 8, 1987, may be treated as orders received
    and obligation authority for the applicable appropriation,
    account, or fund increased accordingly. Likewise, any
    reimbursements received for such costs may be credited to the
    same appropriation, account, or fund to which the expenses were
    charged: Provided, That reimbursements which are not received
    within one hundred and eighty days after submission of an
    appropriate request for payment shall be subject to interest at
    the current rate established pursuant to section 2(b)(1)(B) of
    the Export-Import Bank Act of 1945 (59 Stat. 526). Interest
    shall begin to accrue on the one hundred and eighty-first day
    following submission of an appropriate request for payment:
    Provided further, That funds appropriated in this Act may be
    used to reimburse United States military personnel for
    reasonable costs of subsistence, at rates to be determined by
    the Secretary of Defense, incurred while accompanying Soviet
    Inspection Team members or inspection team members of the
    successor entities of the Soviet Union engaged in activities
    related to the INF Treaty: Provided further, That this
    provision includes only the in-country period (referred to in
    the INF Treaty) and is effective whether such duty is performed
    at, near, or away from an individual's permanent duty station.
              * * * * * * *
        Sec. 8056.\1\ During the current fiscal year and
    thereafter, there is established, under the direction and
    control of the Attorney General, the National Drug Intelligence
    Center, whose mission it shall be to coordinate and consolidate
    drug intelligence from all national security and law
    enforcement agencies, and produce information regarding the
    structure, membership, finances, communications, and activities
    of drug trafficking organizations: Provided, That funding for
    the operation of the National Drug Intelligence Center,
    including personnel costs associated therewith, shall be
    provided from the funds appropriated to the Department of
    Defense.
    ---------------------------------------------------------------------------
        \1\ 21 U.S.C. 873 note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 8099. (a) Findings.--The Congress finds that--
              (1) the United States Government has not made
            adequate efforts to seek the payment of compensation by
            the government of Peru for the death and injuries to
            United States military personnel resulting from the
            attack by aircraft of the military forces of Peru on
            April 24, 1992, against a United States Air Force C-130
            aircraft operating off the coast of Peru; and
              (2) in failing to make such efforts adequately, the
            United States Government has failed in its obligation
            to support the servicemen and their families involved
            in the incident and generally to support members of the
            Armed Forces carrying out missions on behalf of the
            United States.
        (b) Semiannual Report.--The Secretary of Defense shall
    submit a report to Congress on December 1 and June 1 of each
    year on the efforts made by the Government of the United States
    during the preceding six-month period to seek the payment of
    fair and equitable compensation by the Government of Peru (1)
    to the survivors of Master Sergeant Joseph Beard, Jr., United
    States Air Force, who was killed in the attack described in
    subsection (a), and (2) to the other crew members who were
    wounded in the attack and survived.
        (c) Termination of Report Requirement.--The requirement in
    subsection (b) shall terminate upon certification by the
    Secretary of Defense to Congress that the Government of Peru
    has paid fair and equitable compensation as described in
    subsection (b).
              * * * * * * *
        This Act may be cited as the ``Department of Defense
    Appropriations Act, 1994''.
           t. National Defense Authorization Act for Fiscal Year 1993

        Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315,
      approved October 23, 1992; amended by Public Law 103-160 [National
     Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat.
    1547, approved November 30, 1993; Public Law 103-337 [National Defense
       Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
    approved October 5, 1994; Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996; H.R. 1868],
        enacted by reference in section 301 of H.R. 2880, 101 Stat. 26,
     approved January 26, 1996, enacted again as Public Law 104-107 [H.R.
     1868], 110 Stat. 704, approved February 12, 1996; Public Law 104-106
    [National Defense Authorization Act for Fiscal Year 1996; S. 1124], 110
      Stat. 186, approved February 10, 1996; Public Law 104-201 [National
     Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat.
        2422, approved September 23, 1996; Public Law 104-208 [Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1997; sec. 101(c) of title I of the Omnibus Consolidated Appropriations
      Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996;
     Public Law 105-85 [National Defense Authorization Act for Fiscal Year
     1998; H.R. 1119], 111 Stat. 1629, approved November 18, 1997; Public
    Law 106-65 [National Defense Authorization Act for Fiscal Year 2000; S.
      1059], 113 Stat. 512, October 5, 1999; 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; Public Law 106-398 [Floyd D.
     Spence National Defense Authorization Act for Fiscal Year 2001; H.R.
     4205], 114 Stat. 1654, approved October 30, 2000; Public Law 107-107
    [National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115
    Stat. 1012, approved December 28, 2001; 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 107-228 [Foreign Relations Authorization Act,
     Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
          2002; and by Public Law 107-314 [Bob Stump National Defense
      Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
                           approved December 2, 2002

     AN ACT To authorize appropriations for fiscal year 1993 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
            provide for defense conversion, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1993''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Divisions.--This Act is organized into four divisions
    as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
              (4) Division D--Defense Conversion, Reinvestment, and
            Transition Assistance
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

        For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services \1\ and the
    Committees on Appropriations of the Senate and House of
    Representatives.
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

    SEC. 4. GENERAL LIMITATION.

        Notwithstanding any other provision of this Act, the total
    amount authorized to be appropriated for fiscal year 1993 under
    the provisions of this Act is $274,121,787,000, of which the
    total amount authorized to be appropriated for fiscal year 1993
    under the provisions of--
              (1) division A is $253,654,264,000;
              (2) division B is $8,389,833,000; and
              (3) division C is $12,077,690,000.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

              * * * * * * *

                           Subtitle B--Army Programs

              * * * * * * *

    SEC. 114. ARMORED VEHICLE UPGRADES.

        Section 21 of the Arms Export Control Act (22 U.S.C. 2761)
    is amended by adding at the end the following: \2\
    ---------------------------------------------------------------------------
        \2\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

                 Subtitle G--Chemical Demilitarization Program

              * * * * * * *

    SEC. 178.\3\ SENSE OF CONGRESS CONCERNING INTERNATIONAL CONSULTATION
                        AND EXCHANGE PROGRAM.

        It is the sense of Congress that the Secretary of Defense,
    in consultation with the Secretary of State, should establish,
    with other nations that are anticipated to be signatories to an
    international agreement or treaty banning chemical weapons, a
    program under which consultation and exchange concerning
    chemical weapons disposal technology could be enhanced. Such a
    program shall be used to facilitate the exchange of technical
    information and advice concerning the disposal of chemical
    weapons among signatory nations and to further the development
    of safer, more cost-effective methods for the disposal of
    chemical weapons.
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1521 note.
    ---------------------------------------------------------------------------
              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                           Subtitle A--Authorizations

              * * * * * * *

    SEC. 205. ENDOWMENT FOR DEFENSE INDUSTRIAL COOPERATION.

        (a) Report.--The Secretary of Defense shall prepare a
    report on the benefits and limitations of establishing a United
    States-Israel Endowment for Defense Industrial Cooperation with
    the following objectives:
              (1) To promote and support joint defense industrial
            activities of mutual benefit to the United States and
            Israel.
              (2) To promote and support joint commercialization of
            defense technologies of mutual benefit to the United
            States and Israel.
              (3) To strengthen a mutually beneficial defense trade
            program between the United States and Israel.
        (b) Deadline.--The Secretary shall submit to Congress the
    report required by subsection (a) no later than August 1, 1993.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorizations of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1993 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance in
    amounts as follows: * * *
        * * *
              (14) For Drug Interdiction and Counter-Drug
            Activities, Defense, $1,263,400,000.
        * * *
              (17) For Humanitarian Assistance, $25,000,000.
              * * * * * * *

    SEC. 304. HUMANITARIAN ASSISTANCE.

        (a) Purpose.--(1) Funds appropriated pursuant to the
    authorization in section 301(17) shall be available for the
    purposes of section 2551 of title 10, United States Code, as
    added by subsection (c), including the transportation of
    humanitarian relief for the people of Afghanistan and Cambodia.
        (2) Of the funds authorized to be appropriated for fiscal
    year 1993 pursuant to section 301(17) for such purpose, not
    more than $3,000,000 shall be available for distribution of
    humanitarian relief supplies to displaced persons or refugees
    who are noncombatants, including those affiliated with the
    Cambodian non-Communist resistance, at or near the border
    between Thailand and Cambodia.
        (b) Authority To Transfer Funds.--The Secretary of Defense
    may transfer, pursuant to section 2551(b) of such title, not
    more than $3,000,000 of the funds referred to in subsection
    (a)(1).
        (c) \4\ Codification of Authority and Administrative
    Provisions.--(1) Subchapter II of chapter 152 of title 10,
    United States Code, is amended by adding at the end the
    following new section: * * *
    ---------------------------------------------------------------------------
        \4\ This subsection added sec. 2551 to 10 U.S.C., relating to
    humanitarian assistance.
    ---------------------------------------------------------------------------
        (d) \5\ Laws Covered by Initial Reports.--For purposes of
    subsection (e) of section 2551 of title 10, United States Code,
    as added by subsection (c), section 304 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (Public Law
    102-190; 105 Stat. 1333), and the humanitarian relief laws
    referred to in subsection (f)(4) of section 304 of that Act (as
    in effect on the day before the date of the enactment of this
    Act) shall be considered as provisions of law that authorized
    appropriations for humanitarian assistance to be available for
    the purposes of section 2551 of title 10, United States Code.
    ---------------------------------------------------------------------------
        \5\ 10 U.S.C. 2551 note.
    ---------------------------------------------------------------------------
        (e) Repeal of Superseded Reporting Requirement.--Section
    304 of the National Defense Authorization Act for Fiscal Years
    1992 and 1993 (Public Law 102-190; 105 Stat. 1333) is amended
    by striking out subsection (f).
              * * * * * * *

                      Subtitle C--Environmental Provisions

              * * * * * * *

    SEC. 324. OVERSEAS ENVIRONMENTAL RESTORATION.

        (a) Sense of Congress.--It is the sense of the Congress
    that in carrying out environmental restoration activities at
    military installations outside the United States, the President
    should seek to obtain an equitable division of the costs of
    environmental restoration with the nation in which the
    installation is located.
        (b) Report.--The Secretary of Defense shall include in each
    Report on Allied Contributions to the Common Defense prepared
    under section 1003 of Public Law 98-525 (22 U.S.C. 1928)
    information, in classified and unclassified form, describing
    the efforts undertaken and the progress made by the President
    in carrying out subsection (a) during the period covered by the
    report.
              * * * * * * *

      TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
                                    MATTERS

              * * * * * * *

                           Subtitle C--Other Matters

              * * * * * * *

    SEC. 842.\6\ PURCHASE OF ANGOLAN PETROLEUM PRODUCTS.

        The prohibition in section 316 of the National Defense
    Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10
    U.S.C. 2304 note) shall cease to be effective on the date on
    which the President certifies to Congress that free, fair, and
    democratic elections have taken place in Angola.
    ---------------------------------------------------------------------------
        \6\ 10 U.S.C. 2304 note. The President made such a determination on
    July 19, 1993 (Presidential Determination No. 93-32; 58 F.R. 40309;
    July 28, 1993).
    ---------------------------------------------------------------------------

    SEC. 843.\7\ AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE EQUITABLY
                        THE COSTS OF CLAIMS UNDER INTERNATIONAL ARMAMENTS
                        COOPERATION PROGRAMS. * * *
    ---------------------------------------------------------------------------

        \7\ Subsec. (a) of this section amended sec. 27(c) of the Arms
    Export Control Act (22 U.S.C. 2767(c)). See Legislation on Foreign
    Relations Through 2005, vol. I-A. Subsec. (b) amended 10 U.S.C. 2350a
    and 2350d. Subsec. (c), repealed by sec. 1318 of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
    2902), formerly read as follows:
        ``(c) Termination.--On the date which is two years after the date
    of the enactment of this Act, subsections (a) and (b) shall cease to be
    in effect, and section 27(c) of the Arms Export Control Act and section
    2350a of title 10, United States Code, shall read as if such
    subsections had not been enacted.''.
    ---------------------------------------------------------------------------

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                         Subtitle A--Roles and Missions

    SEC. 901.\8\ REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON
                        ROLES AND MISSIONS OF THE ARMED FORCES.

        (a) Report.--(1) The Secretary of Defense shall transmit to
    Congress a copy of the first report relating to the roles and
    missions of the Armed Forces that is submitted to the Secretary
    by the Chairman of the Joint Chiefs of Staff under section
    153(b) of title 10, United States Code, after January 1, 1992.
    ---------------------------------------------------------------------------
        \8\ 10 U.S.C. 153 note.
    ---------------------------------------------------------------------------
        (2) The Secretary shall transmit the report, together with
    his views on the report, within 30 days after receiving the
    report.
        (b) Additional Matters.--In addition to the matters
    required under such section 153(b), the Chairman shall include
    in the report referred to in subsection (a) the Chairman's
    comments and recommendations regarding the following matters:
              (1) Reassessing the roles and missions assigned to
            each of the Armed Forces (under the Key West agreement
            of 1947 and subsequent actions by the various
            Secretaries of Defense and the Congress) in light of
            the new national security environment resulting from
            the end of the Cold War.
              (2) The extent to which the efficiency of the Armed
            Forces in carrying out their roles and missions can be
            enhanced by--
                      (A) the elimination or reduction of
                    duplication in the capabilities of the military
                    departments and Defense Agencies without an
                    undue diminution in their effectiveness; and
                      (B) the consolidation or streamlining of
                    organizations and activities within the
                    military departments and Defense Agencies.
              (3) Changes in the operational tempo of forces
            stationed in the continental United States and changes
            in deployment patterns and operational tempo of forces
            deployed outside the United States.
              (4) Changes in the readiness status of units based
            upon time-phased force deployment plans.
              (5) Transfers of functions from the active components
            of the Armed Forces to the reserve components of the
            Armed Forces.
              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

                         Subtitle A--Financial Matters

              * * * * * * *

    SEC. 1003. TREATMENT OF CERTAIN ``M'' ACCOUNT OBLIGATIONS.

        (a) Limitation.--The Secretary of Defense may not
    reobligate any sum in a merged (or so-called ``M'') account of
    the Department of Defense until the Secretary has identified an
    equal sum under section 1406 of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
    Stat. 1680) that can be canceled.
        (b) Requirement for Reciprocal Cancellation.--Whenever the
    Secretary of Defense reobligates funds from a merged (or so-
    called ``M'') account of the Department of Defense, the
    Secretary shall at the same time cancel with the Treasury of
    the United States a sum in the same amount as the reobligation
    from a merged account of the Department of Defense.
        (c) Monthly Reports.--The Secretary of Defense shall submit
    to the congressional defense committees a monthly report, for
    each month beginning after the date of the enactment of this
    Act through September 1993, on the amount of funds reobligated
    during the month from merged accounts of the Department of
    Defense and the amount of funds canceled during the month from
    such accounts. Each report shall be submitted not later than
    the 21st day of the month after the month covered by the
    report.
        (d) Notice-and-Wait.--(1) Whenever the Secretary of Defense
    proposes to reobligate from a merged (or so-called ``M'')
    account of the Department of Defense any sum in an amount
    greater than $10,000,000, the reobligation may not be made
    until--
              (A) the Secretary notifies Congress of the amount to
            be reobligated, the source of the funds to be
            reobligated, and the purpose the funds will be
            reobligated for; and
              (B) a period of 30 days passes after the notice is
            received.
        (2) The limitation in paragraph (1) applies to
    reobligations for a single purpose in a sum greater than the
    amount specified in that paragraph. Such a reobligation may not
    be divided into several smaller sums to avoid such limitation.
        (e) Duration of Limitations.--Subsections (a) and (b) shall
    cease to apply when all audits and cancellations of balances
    required by section 1406 of the National Defense Authorization
    Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1680)
    have been completed.

    SEC. 1004.\9\ ADDITIONAL TRANSITION AUTHORITY REGARDING CLOSING
                        APPROPRIATION ACCOUNTS. * * *
    ---------------------------------------------------------------------------

        \9\ Sec. 1004 amended sec. 1405(b) of the National Defense
    Authorization Act for Fiscal Year 1991 (31 U.S.C. 1551 note).
    ---------------------------------------------------------------------------
              * * * * * * *

                      Subtitle E--Counter-Drug Activities

    SEC. 1041.\10\ ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. * * *
    ---------------------------------------------------------------------------

        \10\ Sec. 1041, in part, amended sec. 1004 of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
    374 note).
    ---------------------------------------------------------------------------

    SEC. 1042.\11\ MAINTENANCE AND OPERATION OF EQUIPMENT. * * *
    ---------------------------------------------------------------------------

        \11\ Sec. 1042 amended 10 U.S.C 374.
    ---------------------------------------------------------------------------

    SEC. 1043. COUNTER-DRUG DETECTION AND MONITORING SYSTEMS PLAN.

        (a) Requirements of Detection and Monitoring Systems.--The
    Secretary of Defense shall establish requirements for counter-
    drug detection and monitoring systems to be used by the
    Department of Defense in the performance of its mission under
    section 124(a) of title 10, United States Code, as lead agency
    of the Federal Government for the detection and monitoring of
    the transit of illegal drugs into the United States. Such
    requirements shall be designed--
              (1) to minimize unnecessary redundancy between
            counter-drug detection and monitoring systems;
              (2) to grant priority to assets and technologies of
            the Department of Defense that are already in existence
            or that would require little additional development to
            be available for use in the performance of such
            mission;
              (3) to promote commonality and interoperability
            between counter-drug detection and monitoring systems
            in a cost-effective manner; and
              (4) to maximize the potential of using counter-drug
            detection and monitoring systems for other defense
            missions whenever practicable.
        (b) Evaluation of Systems.--The Secretary of Defense shall
    identify and evaluate existing and proposed counter-drug
    detection and monitoring systems in light of the requirements
    established under subsection (a). In carrying out such
    evaluation, the Secretary shall--
              (1) assess the capabilities, strengths, and
            weaknesses of counter-drug detection and monitoring
            systems; and
              (2) determine the optimal and most cost-effective
            combination of use of counter-drug detection and
            monitoring systems to carry out activities relating to
            the reconnaissance, detection, and monitoring of drug
            traffic.
        (c) Systems Plan.--Based on the results of the evaluation
    under subsection (b), the Secretary of Defense shall prepare a
    plan for the development, acquisition, and use of improved
    counter-drug detection and monitoring systems by the Armed
    Forces. In developing the plan, the Secretary shall also make
    every effort to determine which counter-drug detection and
    monitoring systems should be eliminated from the counter-drug
    program based on the results of such evaluation. The plan shall
    include an estimate by the Secretary of the full cost to
    implement the plan, including the cost to develop, procure,
    operate, and maintain equipment used in counter-drug detection
    and monitoring activities performed under the plan and training
    and personnel costs associated with such activities.
        (d) Report.--Not later than six months after the date of
    the enactment of this Act, the Secretary of Defense shall
    submit to Congress a report on the requirements established
    under subsection (a) and the results of the evaluation
    conducted under subsection (b). The report shall include the
    plan prepared under subsection (c).
        (e) Limitation on Obligation of Funds.--(1) Except as
    provided in paragraph (2), none of the funds appropriated or
    otherwise made available for the Department of Defense for
    fiscal year 1993 pursuant to an authorization of appropriations
    in this Act may be obligated or expended for the procurement or
    upgrading of a counter-drug detection and monitoring system,
    for research and development with respect to such a system, or
    for the lease or rental of such a system until after the date
    on which the Secretary of Defense submits to Congress the
    report required under subsection (d).
        (2) Paragraph (1) shall not prohibit obligations or
    expenditures of funds for--
              (A) any procurement, upgrading, research and
            development, or lease of a counter-drug detection and
            monitoring system that is necessary to carry out the
            evaluation required under subsection (b); or
              (B) the operation and maintenance of counter-drug
            detection and monitoring systems used by the Department
            of Defense as of the date of the enactment of this Act.
        (f) Definition.--For purposes of this section, the term
    ``counter-drug detection and monitoring systems'' means land-,
    air-, and sea-based detection and monitoring systems suitable
    for use by the Department of Defense in the performance of its
    mission--
              (1) under section 124(a) of title 10, United States
            Code, as lead agency of the Federal Government for the
            detection and monitoring of the aerial and maritime
            transit of illegal drugs into the United States; and
              (2) to provide support to law enforcement agencies in
            the detection, monitoring, and communication of the
            movement of traffic at, near, and outside the
            geographic boundaries of the United States.

    SEC. 1044.\12\ EXTENSION OF AUTHORITY TO TRANSFER EXCESS PERSONAL
                        PROPERTY. * * *
    ---------------------------------------------------------------------------

        \12\ Sec. 1044 amended sec. 1208(c) of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
    10 U.S.C. 372 note).
    ---------------------------------------------------------------------------
              * * * * * * *

            TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                           Subtitle A--Burdensharing

    SEC. 1301. OVERSEAS BASING ACTIVITIES.

        (a) Funding Reductions.--(1)(A) The total amount
    appropriated to the Department of Defense for operation and
    maintenance and for military construction (including NATO
    Infrastructure) that is obligated to conduct overseas basing
    activities during fiscal year 1993 may not exceed the amount
    equal to the baseline for fiscal year 1993 reduced by
    $500,000,000.
        (B) For purposes of subparagraph (A), the baseline for
    fiscal year 1993 is the sum of the amounts of the overseas
    funding estimates specified for such year for Operation and
    Maintenance; Family Housing, Operations; Family Housing,
    Construction; and Military Construction (including NATO
    Infrastructure) set forth on page 8 of the report of the
    Department of Defense dated January 1992, and entitled
    ``Amended FY 1992/FY 1993 Biennial Budget Estimates for Defense
    Overseas Funding and Dependent Overseas Funding''.
        (2) It is the sense of Congress that the amounts obligated
    to conduct overseas basing activities should decline
    significantly in fiscal years 1994, 1995, and 1996 as--
              (A) the number of United States military personnel
            stationed overseas is reduced in conformance with the
            provisions of section 1302 and the amendment made by
            section 1303; and
              (B) the countries to which subsection (e)(1) and
            (e)(2) apply assume an increased share of the costs of
            United States military installations in those
            countries.
        (b) Definition.--In this section, the term ``overseas
    basing activities'' means the activities of the Department of
    Defense for which funds are provided through appropriations for
    operation and maintenance, including appropriations for family
    housing operations, and for military construction (including
    family housing construction and NATO Infrastructure) for the
    payment of costs for Department of Defense overseas military
    units and the costs for all dependents who accompany Department
    of Defense personnel outside the United States.
        (c) Offsets.--Reductions for purposes of subsection (a) in
    obligations of appropriated funds for overseas basing
    activities may be offset by either or a combination of the
    following:
              (1) Increase in the level of host-nation support due
            to agreements reached under subsection (e) or
            otherwise.
              (2) Accelerated withdrawal of United States forces or
            equipment under the provisions of section 1302 and the
            amendment made by section 1303.
        (d) Allocations of Savings.--The savings realized as a
    result of the reductions for purposes of subsection (a) will be
    allocated for operation and maintenance and military
    construction activities of the Department of Defense at
    military installations and facilities located inside the United
    States.
        (e) \13\ Defense Burdensharing Agreements for Increased
    Host Nation Support.--(1) In order to achieve additional
    savings in fiscal year 1994 and in future fiscal years, the
    President should enter into a revised host-nation agreement
    with each foreign country described in paragraph (3)(A).
    ---------------------------------------------------------------------------
        \13\ Sec. 1304(a) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the
    following:
        ``(a) Goal for Allied Contributions.--In continuing efforts to
    enter into revised host-nation agreements as described in section
    1301(e) of the National Defense Authorization Act for Fiscal Year 1993
    (Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the
    National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1824), the President shall seek to have European
    member nations of NATO assume an increased share of the nonpersonnel
    costs for United States military installations in those nations so that
    by September 30, 1996, those nations have assumed 37.5 percent of such
    costs.''.
    ---------------------------------------------------------------------------
        (2) For purposes of paragraph (1), a revised host-nation
    agreement is an agreement under which such foreign country, on
    or before September 30, 1994--
              (A) assumes an increased share of the costs of United
            States military installations in that country,
            including the costs of--
                      (i) labor, utilities, and services;
                      (ii) military construction projects and real
                    property maintenance;
                      (iii) leasing requirements associated with
                    United States military presence; and
                      (iv) actions necessary to meet local
                    environmental standards;
              (B) relieves the Armed Forces of the United States of
            all tax liability that, with respect to forces located
            in such country, is incurred by the Armed Forces under
            the laws of that country and the laws of the community
            where those forces are located; and
              (C) ensures that goods and services furnished in that
            country to the Armed Forces of the United States are
            provided at minimum cost and without imposition of user
            fees.
        (3)(A) Except as provided in subparagraph (B), paragraph
    (1) applies with respect to--
              (i) each country of the North Atlantic Treaty
            Organization (other than the United States); and
              (ii) each other foreign country with which the United
            States has a bilateral or multilateral defense
            agreement that provides for the assignment of combat
            units of the Armed Forces of the United States to
            permanent duty in that country or the placement of
            combat equipment of the United States in that country.
        (B) Paragraph (1) does not apply with respect to--
              (i) a foreign country that receives assistance under
            section 23 of the Arms Export Control Act (22 U.S.C.
            2673) (relating to the foreign military financing
            program) or under the provisions of chapter 4 of part
            II of the Foreign Assistance Act of 1961 (22 U.S.C.
            2346 et seq.); or
              (ii) a foreign country that has agreed to assume, not
            later than September 30, 1996, at least 75 percent of
            the non-personnel costs of United States military
            installations in that country.

    SEC. 1302.\14\ OVERSEAS MILITARY END STRENGTH. * * * [REPEALED--1994]

    ---------------------------------------------------------------------------
        \14\ Formerly at 10 U.S.C. 113 note. Sec. 1312(c) of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2894) repealed sec. 1302. That section also enacted a new section
    at 10 U.S.C. 123b, relating to ``Forces Stationed Abroad; Limitation on
    Number'', effective fiscal year 1996.
        Sec. 1302 previously read as follows:
    ---------------------------------------------------------------------------

    ``sec. 1302. overseas military end strength.
    ---------------------------------------------------------------------------

        ``(a) Reduction in United States Force Levels Abroad.--On and after
    September 30, 1996, no appropriated funds may be used to support an end
    strength level of members of the Armed Forces of the United States
    assigned to permanent duty ashore in nations outside the United States
    at any level in excess of 60 percent of the end strength level of such
    members on September 30, 1992.
        ``(b) Exceptions.--(1) Subsection (a) shall not apply in the event
    of a declaration of war or an armed attack on any member nation of the
    North Atlantic Treaty Organization, Japan, the Republic of Korea, or
    any other ally of the United States.
        ``(2) The President may waive the operation of subsection (a) if
    the President declares an emergency and immediately notifies
    Congress.''.
    ---------------------------------------------------------------------------

    SEC. 1303.\15\ REDUCTION IN THE AUTHORIZED END STRENGTH FOR MILITARY
                        PERSONNEL IN EUROPE. * * * [REPEALED--1994]
    ---------------------------------------------------------------------------

        \15\ Sec. 1303(c) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) repealed sec.
    1303, which had amended sec. 1002(c)(1) of the National Defense
    Authorization Act, 1985 (22 U.S.C. 1928 note), effective October 1,
    1995, to set U.S. military personnel levels in Europe at 100,000. Sec.
    1303 of Public Law 103-337 further amended sec. 1002(c)(1) the 1985
    Act.
    ---------------------------------------------------------------------------

    SEC. 1304.\16\ REPORTS ON OVERSEAS BASING.

        (a) Annual Report.--The Secretary of Defense shall, not
    later than March 31 of each year through 1997, submit to the
    Committees on Armed Services \17\ of the Senate and House of
    Representatives, either separately or as part of another
    relevant report, a report that specifies--
    ---------------------------------------------------------------------------
        \16\ 10 U.S.C. 113 note.
        \17\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) the stationing and basing plan by installation
            \18\ for United States military forces outside the
            United States;
    ---------------------------------------------------------------------------
        \18\ Sec. 2924(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) inserted ``by
    installation''.
    ---------------------------------------------------------------------------
              (2) the status of closures of United States military
            installations located outside the United States;
              (3) \19\ both--
    ---------------------------------------------------------------------------
        \19\ Sec. 2924(a)(2) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out para.
    (3), which read ``(3) the schedule for the negotiation of such
    closures;'', and inserted the para. (3) as shown.
    ---------------------------------------------------------------------------
                      (A) the status of negotiations, if any,
                    between the United States and the host
                    government as to (i) United States claims for
                    compensation for the fair market value of the
                    improvements made by the United States at each
                    installation referred to in paragraph (2), and
                    (ii) any claims of the host government for
                    damages or restoration of the installation; and
                      (B) the representative of the United States
                    in any such negotiations;
              (4) the potential savings to the United States
            resulting from such closures;
              (5) \20\ the cost to the United States of any
            improvements made at each installation referred to in
            paragraph (2) and the fair market value of such
            improvements, expressed in constant dollars based on
            the date of completion of the improvements;
    ---------------------------------------------------------------------------
        \20\ Sec. 2924(a)(4) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out para.
    (5), which read: ``(5) the potential amount of receipts from residual
    value negotiations; and'', and inserted new paras. (5) and (6).
    ---------------------------------------------------------------------------
              (6) \20\ in each case in which negotiations between
            the United States and a host government have resulted
            in an agreement for the payment to the United States by
            the host government of the value of improvements to an
            installation made by the United States, the amount of
            such payment, the form of such payment, and the
            expected date of such payment; and
              (7) \21\ efforts and progress toward achieving host
            nation offsets under section 1301(e) and reduced end
            strength levels under section 1302.
    ---------------------------------------------------------------------------
        \21\ Sec. 2924(a)(3) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) redesignated
    para. (6) as para. (7).
    ---------------------------------------------------------------------------
        (b) Report on Budget Implications of Overseas Basing
    Agreements.--Whenever the Secretary of Defense enters into a
    basing agreement between the United States and a foreign
    country with respect to United States military forces outside
    the United States, the Secretary of Defense shall, in advance
    of the signing of the agreement, submit to the congressional
    defense committees a report on the Federal budget implications
    of the agreement.

    SEC. 1305.\22\ BURDENSHARING CONTRIBUTIONS BY KUWAIT. * * *
    ---------------------------------------------------------------------------

        \22\ Sec. 1305 amended sec. 1045 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
    105 Stat. 1465); see 10 USC 2350j.
    ---------------------------------------------------------------------------

     Subtitle B--Cooperative Agreements and Other Matters Concerning Allies

    SEC. 1311.\23\ COOPERATIVE MILITARY AIRLIFT AGREEMENTS. * * *
    ---------------------------------------------------------------------------

        \23\ Sec. 1311 amended 10 U.S.C. 2350c.
    ---------------------------------------------------------------------------

    SEC. 1312.\24\ COOPERATIVE AGREEMENTS WITH ALLIES. * * *
    ---------------------------------------------------------------------------

        \24\ Sec. 1312(a) amended 10 U.S.C. 2341, relating to the authority
    to acquire logistic support, supplies, and services for elements of the
    armed forces deployed outside the United States. Sec. 1312(b) amended
    10 U.S.C. 2347, relating to limiting liabilities that may be obligated
    or accrued by the United States during hostilities involving U.S. armed
    forces overseas.
    ---------------------------------------------------------------------------

    SEC. 1313.\25\ AUTHORITY FOR GOVERNMENT OF OMAN TO RECEIVE EXCESS
                        DEFENSE ARTICLES. * * *
    ---------------------------------------------------------------------------

        \25\ Sec. 1313 amended sec. 516(a) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2321j(a)); see Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1314. REPORT ON POSSIBLE REVISIONS TO THE NORTH ATLANTIC TREATY.

        (a) Findings.--The Congress finds that--
              (1) when the North Atlantic Treaty was signed in
            1949, the clear military threat to the security of
            Western Europe was the Soviet Union and its allies in
            Eastern Europe;
              (2) since 1949 it has been clearly understood by the
            people of the Western World that the primary mission of
            NATO was to deter an attack from the Soviet Bloc;
              (3) the dramatic changes in Europe since the fall of
            the Berlin Wall in 1989, and the subsequent dissolution
            of the Warsaw Pact and the Soviet Union have
            fundamentally changed the security situation in Europe;
              (4) one of the consequences of the breakdown of 40
            years of Communist rule in Eastern Europe and the
            former Soviet Union has been ethnic conflict throughout
            the region, particularly in the Balkans and the
            Republics of the former Soviet Union;
              (5) those fundamental changes in the security threats
            facing NATO member nations have caused confusion
            concerning the mission of NATO in the post-cold war
            world and the role of NATO military forces outside of
            the NATO Theater, particularly in the former Soviet
            Union;
              (6) if NATO is to continue to be relevant to the
            security interests of Western Europe and North America
            through the 1990's and beyond, the alliance's mission
            must be recrafted in order to enable it to address
            common transatlantic security concerns, including those
            beyond NATO's geographic boundaries; and
              (7) a fundamental review of the North Atlantic Treaty
            is necessary, in light of the new security situation in
            Europe.
        (b) Report.--Not later than April 1, 1993, the President
    shall submit to Congress a report on the North Atlantic Treaty
    of 1949. The report shall include--
              (1) a detailed analysis of the forseeable threats to
            the security of NATO member nations;
              (2) a determination whether the North Atlantic Treaty
            of 1949 should be revised to meet the future challenges
            to peace and security; and
              (3) the extent to which the NATO charter permits the
            use of NATO forces for peacekeeping purposes, given the
            steadily increased use of military forces for such
            purposes, and the range of missions that should be
            considered for such peacekeeping to protect the
            interests of member nations

      Subtitle C--Matters Relating to the Former Soviet Union and Eastern
                                     Europe

    SEC. 1321.\26\ NUCLEAR WEAPONS REDUCTION.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 5901 note.
    ---------------------------------------------------------------------------
              (1) On February 1, 1992, the President of the United
            States and the President of the Russian Federation
            agreed in a Joint Statement that ``Russia and the
            United States do not regard each other as potential
            adversaries'' and stated further that, ``We will work
            to remove any remnants of cold war hostility, including
            taking steps to reduce our strategic arsenals''.
              (2) In the Treaty on the Non-Proliferation of Nuclear
            Weapons, in exchange for the non-nuclear-weapon states
            agreeing not to seek a nuclear weapons capability nor
            to assist other non-nuclear-weapon states in doing so,
            the United States agreed to seek the complete
            elimination of all nuclear weapons worldwide, as
            declared in the preamble to the Treaty, which states
            that it is a goal of the parties to the Treaty to
            ``facilitate the cessation of the manufacture of
            nuclear weapons, the liquidation of all their existing
            stockpiles, and the elimination from national arsenals
            of nuclear weapons and the means of their delivery'' as
            well as in Article VI of the Treaty, which states that
            ``each of the parties to the Treaty undertakes to
            pursue negotiations in good faith on effective measures
            relating to the cessation of the nuclear arms race at
            an early date and to nuclear disarmament''.
              (3) Carrying out a policy of seeking further
            significant and continuous reductions in the nuclear
            arsenals of all countries, besides reducing the
            likelihood of the proliferation of nuclear weapons and
            increasing the likelihood of a successful extension and
            possible strengthening of the Treaty on the Non-
            Proliferation of Nuclear Weapons in 1995, when the
            Treaty is scheduled for review and possible extension,
            has additional benefits to the national security of the
            United States, including--
                      (A) a reduced risk of accidental enablement
                    and launch of a nuclear weapon, and
                      (B) a defense cost savings which could be
                    reallocated for deficit reduction or other
                    important national needs.
              (4) The Strategic Arms Reduction Talks (START) Treaty
            and the agreement by the President of the United States
            and the President of the Russian Federation on June 17,
            1992, to reduce the strategic nuclear arsenals of each
            country to a level between 3,000 and 3,500 weapons are
            commendable intermediate stages in the process of
            achieving the policy goals described in paragraphs (1)
            and (2).
              (5) The current international era of cooperation
            provides greater opportunities for achieving worldwide
            reduction and control of nuclear weapons and material
            than any time since the emergence of nuclear weapons 50
            years ago.
              (6) It is in the security interests of both the
            United States and the world community for the President
            and the Congress to begin the process of reducing the
            number of nuclear weapons in every country through
            multilateral agreements and other appropriate means.
              (7) In a 1991 study, a committee of the National
            Academy of Sciences concluded that: ``The appropriate
            new levels of nuclear weapons cannot be specified at
            this time, but it seems reasonable to the committee
            that U.S. strategic forces could in time be reduced to
            1,000-2,000 nuclear warheads, provided that such a
            multilateral agreement included appropriate levels and
            verification measures for the other nations that
            possess nuclear weapons. This step would require
            successful implementation of our proposed post-START
            U.S.-Soviet reductions, related confidence-building
            measures in all the countries involved, and
            multilateral security cooperation in areas such as
            conventional force deployments and planning.''.
        (b) United States Policy.--It shall be the goal of the
    United States--
              (1) to encourage and facilitate the denuclearization
            of Ukraine, Byelarus, and Kazakhstan, as agreed upon in
            the Lisbon ministerial meeting of May 23, 1992;
              (2) to rapidly complete and submit for ratification
            by the United States the treaty incorporating the
            agreement of June 17, 1992, between the United States
            and the Russian Federation to reduce the number of
            strategic nuclear weapons in each country's arsenal to
            a level between 3,000 and 3,500;
              (3) to facilitate the ability of the Russian
            Federation, Ukraine, Byelarus, and Kazakhstan to
            implement agreed mutual reductions under the START
            Treaty, and under the Joint Understanding of June 16-
            17, 1992 between the United States and the Russian
            Federation, on an accelerated timetable, so that all
            such reductions can be completed by the year 2000;
              (4) to build on the agreement reached in the Joint
            Understanding of June 16-17, 1992, by entering into
            multilateral negotiations with the Russian Federation,
            the United Kingdom, France, and the People's Republic
            of China, and, at an appropriate point in that process,
            enter into negotiations with other nuclear armed states
            in order to reach subsequent stage-by-stage agreements
            to achieve further reductions in the number of nuclear
            weapons in all countries;
              (5) to continue and extend cooperative discussions
            with the appropriate authorities of the former Soviet
            military on means to maintain and improve secure
            command and control over nuclear forces;
              (6) in consultation with other member countries of
            the North Atlantic Treaty Organization and other
            allies, to initiate discussions to bring tactical
            nuclear weapons into the arms control process; and
              (7) to ensure that the United States assistance to
            securely transport and store, and ultimately dismantle,
            former Soviet nuclear weapons and missiles for such
            weapons is being properly and effectively utilized.
        (c) Annual Report.--By February 1 of each year, the
    President shall submit to the Congress a report on--
              (1) the actions that the United States has taken, and
            the actions the United States plans to take during the
            next 12 months, to achieve each of the goals set forth
            in paragraphs (1) through (6) of subsection (b); and
              (2) the actions that have been taken by the Russian
            Federation, by other former Soviet republics, and by
            other countries to achieve those goals.
    Each such report shall be submitted in unclassified form, with
    a classified appendix if necessary.

    SEC. 1322.\27\ VOLUNTEERS INVESTING IN PEACE AND SECURITY (VIPS)
                        PROGRAM.

        (a) Establishment of Program.--(1) Part II of subtitle A of
    title 10, United States Code, is amended by adding at the end
    the following new chapter: * * *
    ---------------------------------------------------------------------------
        \27\ This subsection added new secs. 1801 through 1805 to 10 U.S.C.
    The sections were subsequently repealed by sec. 1061(a)(1) of Public
    Law 104-106 (110 Stat. 442).
    ---------------------------------------------------------------------------
        (b) \28\ Reimbursement of Other Agencies.--The Secretary of
    Defense shall reimburse other departments and agencies for all
    costs, direct or indirect, of participation in the program
    established under chapter 89 of title 10, United States Code,
    as added by subsection (a).
    ---------------------------------------------------------------------------
        \28\ 10 U.S.C. 1801 note.
    ---------------------------------------------------------------------------
        (c) \28\ Study To Determine Program Need and Availability
    of Volunteers.--The Secretary of Defense shall conduct a study
    to assess the need for the program under chapter 89 of title
    10, United States Code, as added by subsection (a), and the
    availability of volunteers to participate in that program. The
    Secretary shall--
              (1) in consultation with the Secretary of State,
            conduct a survey, of a scope considered necessary by
            the Secretary, to determine what technical skills may
            be required within the independent states of the former
            Soviet Union and the degree of need for these skills;
              (2) determine the potential availability of former
            service members who are qualified in the required
            technical skills in a manner and of a duration
            considered necessary by the Secretary; and
              (3) maintain a registry of the skills and former
            service members who volunteer to participate during the
            study required in paragraphs (1) and (2).
        (d) \28\ Effective Date.--Chapter 89 of title 10, United
    States Code, as added by subsection (a), shall take effect on
    October 1, 1992.

    Subtitle D--Matters Relating to the Middle East and Persian Gulf Region

    SEC. 1331. REPORT ON THE UNITED STATES STRATEGIC POSTURE IN THE MIDDLE
                        EAST AND PERSIAN GULF REGION.

        (a) Requirement for Report.--Not later than February 1,
    1993, the Secretary of Defense, together with the Secretary of
    State and the Director for Central Intelligence, shall submit
    to Congress a report on the United States strategic posture in
    the Middle East and Persian Gulf region.
        (b) Content of Report.--The report shall include an
    assessment of the following matters:
              (1) The adequacy of United States power projection
            forces, strategic lift, forward deployed forces,
            prepositioned materiel, and force sustainability
            capabilities for protecting United States strategic
            interests in the Middle East and the Persian Gulf
            region in order to ensure the security needs of Israel,
            Egypt, and Persian Gulf states friendly to the United
            States.
              (2) United States policy, plans, and programs for
            ensuring Israel's military and technological
            superiority over potential threats.
              (3) United States capabilities for assisting Israel
            in a military emergency and the adequacy of United
            States military assistance and technology transfer for
            ensuring that Israel has the capability to deter war
            and to defend its territory with minimal risk and loss
            of life.
              (4) The state of strategic cooperation between the
            United States and Israel, including--
                      (A) a thorough assessment of options for
                    prepositioning in Israel appropriate defense
                    articles for use by the United States in the
                    region; and
                      (B) an assessment of United States policies,
                    plans, and programs for ensuring that maximum
                    advantage is taken of Israel's strategic
                    location and Israel's ability to provide unique
                    options regarding military technologies and
                    production.
              (5) The adequacy of United States power projection
            forces, military assistance, arms transfers, and
            cooperation arrangements for addressing Egypt's
            security arrangements to deter outside threats and to
            participate in regional security efforts with the
            United States and other nations.
              (6) The adequacy of United States power projection
            forces, military assistance, and arms transfers for
            addressing the security requirements of the Gulf
            Cooperation Council States.
              (7) The adequacy of the capabilities of the United
            States and countries friendly to the United States for
            deterring and defending against long-range missile
            threats and the use of weapons of mass destruction in
            the Middle East and the Persian Gulf region.
        (c) Intelligence Assessment.--As part of the report
    submitted pursuant to subsection (a), the Secretary of Defense
    shall provide a military threat assessment for the Middle East
    and Persian Gulf region. The intelligence assessment shall
    include a description of--
              (1) the overall military threat to United States
            strategic interests in the Persian Gulf region;
              (2) the overall military threat to Israel and the
            military threats to Israel from individual countries,
            including an assessment of the Arab-Israeli military
            balance and a discussion of the changes taking place in
            that balance;
              (3) the military threats to Egypt;
              (4) the military threats to the Gulf Cooperation
            Council States; and
              (5) the threats to United States interests and to
            regional States friendly to the United States that
            result from the proliferation of long-range missiles
            and weapons of mass destruction.
        (d) Form of Report.--The report may be submitted in
    classified and unclassified forms.

    SEC. 1332.\29\ PROHIBITION ON CONTRACTING WITH ENTITIES THAT COMPLY
                        WITH THE SECONDARY ARAB BOYCOTT OF ISRAEL. * * *
    ---------------------------------------------------------------------------

        \29\ Sec. 1332(a) added a new 10 U.S.C. 2410i, relating to the
    secondary boycott of Israel.
    ---------------------------------------------------------------------------

               Subtitle E--International Peacekeeping Activities

    SEC. 1341. UNITED NATIONS PEACEKEEPING AND ENFORCEMENT REPORT.

        (a) Report Requested.--Not later than the date on which the
    President submits to Congress the budget for fiscal year 1994
    under section 1105 of title 31, United States Code, the
    President shall transmit to Congress a report on the proposals
    of the Secretary General of the United Nations contained in his
    report to the Security Council entitled ``Preventive Diplomacy,
    Peacemaking and Peacekeeping'', dated June 19, 1992.
        (b) Content of President's Report.--The President's report
    shall contain a comprehensive analysis and discussion of the
    proposals of the Secretary General, including, in particular,
    the following:
              (1) The proposal that contributions for peacekeeping
            and related enforcement activities be funded out of the
            National Defense function of the budget rather than the
            ``Contributions to International Peacekeeping
            Activities'' account of the Department of State.
              (2) The assignment of responsibilities within the
            Executive branch if such contributions are funded, in
            whole or in part, out of the National Defense function.
              (3) The proposal that the United States and other
            member states of the United Nations negotiate special
            agreements under Article 43 of the United Nations
            Charter to provide for those states to make armed
            forces, assistance, and facilities available to the
            Security Council of the United Nations for the purposes
            stated in Article 42 of that Charter, not only on an ad
            hoc basis but on a permanent on-call basis for rapid
            deployment under Security Council authorization.
              (4) The proposal that member states of the United
            Nations commit to keep equipment specified by the
            Secretary General available for immediate sale, loan,
            or donation to the United Nations when required.
              (5) The proposal that member states of the United
            Nations make airlift and sealift capacity available to
            the United Nations free of cost or at lower than
            commercial rates.
              (6) Such other information as may be necessary to
            inform Congress on matters relating to the Secretary
            General's proposals.

    SEC. 1342.\30\ SUPPORT FOR PEACEKEEPING ACTIVITIES.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \30\ 10 U.S.C. 403 note.
    ---------------------------------------------------------------------------
              (1) International peacekeeping activities contribute
            to the national interests of the United States in
            maintaining global stability and order.
              (2) International peacekeeping activities take many
            forms and include observer missions, ceasefire
            monitoring, human rights monitoring, refugee and
            humanitarian assistance, monitoring and conducting
            elections, monitoring of police in the demobilization
            of former combatants, and reforming judicial and other
            civil and administrative systems of government.
              (3) International peacekeeping activities
            traditionally involve the presence of military troops,
            police forces, and, in recent years, civilian experts
            in transportation, logistics, medicine, electoral
            systems, human rights, land tenure, other economic and
            social issues, and other areas of expertise.
              (4) International peacekeeping activities serve both
            the foreign policy interests and defense policy
            interests of the United States.
              (5) The normal budget process of authorizing and
            appropriating funds a year in advance and reprogramming
            such funds is insufficient to satisfy the need for
            funds for peacekeeping efforts arising from an
            unanticipated crisis.
              (6) Greater flexibility is needed to ensure the
            timely availability of funding to provide for
            peacekeeping activities.
        (b) Authorized Support for Fiscal Year 1993.--(1) Subject
    to paragraph (2), the Secretary may provide assistance for
    international peacekeeping activities during fiscal year 1993
    in an amount not to exceed $300,000,000 in accordance with
    section 403 of title 10, United States Code, as added by
    subsection (c). Notwithstanding subsection (b) of that section,
    the assistance so provided may be derived from funds
    appropriated to the Department of Defense for fiscal year 1993
    for operation and maintenance or from balances in working
    capital accounts.
        (2) No amount may be obligated pursuant to paragraph (1)
    unless the expenditure of such amount has been determined by
    the Director of the Office of Management and Budget to be
    counted against the defense category of the discretionary
    spending limits for fiscal year 1993 (as defined in section
    601(a)(2) of the Congressional Budget Act of 1974) for purposes
    of part C of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        (c) \31\ Authorization.--(1) Chapter 20 of title 10, United
    States Code, is amended by adding at the end the following new
    section: * * *
    ---------------------------------------------------------------------------
        \31\ Sec. 1342(c)(1) added a new 10 U.S.C. 403. Sec. 403 was
    subsequently repealed by sec. 1061(g)(1) of Public Law 104-106 (110
    Stat. 443).
    ---------------------------------------------------------------------------

           Subtitle F--Overseas Operation and Maintenance Activities

    SEC. 1351.\32\ PROHIBITION ON PAYMENT OF SEVERANCE PAY TO CERTAIN
                        FOREIGN NATIONALS IN THE PHILIPPINES.

        (a) Prohibition.--Funds available to the Department of
    Defense may not be used to pay severance pay to a foreign
    national employed by the Department of Defense in the Republic
    of the Philippines if the discontinuation of the employment of
    the foreign national is the result of the termination of basing
    rights of the United States military in the Republic of the
    Philippines.
    ---------------------------------------------------------------------------
        \32\ 10 U.S.C. 1592 note.
    ---------------------------------------------------------------------------
        (b) Prohibition on Allowance of Certain Severance Pay as
    Contract Costs.--Funds available to the Department of Defense
    may not be used to pay the costs of severance pay paid by a
    contractor to a foreign national employed by the contractor
    under a defense service contract in the Philippines if the
    discontinuation of the employment of the foreign national is
    the result of the termination of basing rights of the United
    States military in the Philippines.
              * * * * * * *

                           Subtitle G--Other Matters

    SEC. 1363.\33\ REPORT ON PROLIFERATION OF MILITARY-BASED SATELLITES.

        (a) Report.--The Secretary of Defense shall submit to
    Congress a report on the foreign development of, acquisition
    of, or access to satellites with capabilities for military
    applications and the implications of such development,
    acquisition, or access for the United States. The report shall
    include the following:
    ---------------------------------------------------------------------------
        \33\ Sec. 220(d) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2697) provided the
    following:
        ``(d) Report.--The Secretary shall submit to Congress the report
    required by section 1363 of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2560).''.
        Sec. 1506 of the same Act (108 Stat. 2919), furthermore, provided
    the following:
    ---------------------------------------------------------------------------

    ``sec. 1506. restriction relating to submission of report on proliferation
    of foreign military satellites.
    ---------------------------------------------------------------------------

        ``None of the funds available to the Department of Defense may be
    expended for travel by the Assistant Secretary of Defense for
    International Security Policy until the Secretary of Defense submits to
    Congress the report required by section 1363 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2560).''.
        Sec. 211 of the National Defense Authorization Act for Fiscal Year
    1994 (Public Law 103-160; 107 Stat. 1584) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 211. kinetic energy antisatellite program.
    ---------------------------------------------------------------------------

        ``(a) Conversion of Program.--The Secretary of Defense shall
    convert the Kinetic Energy Antisatellite (KE-ASAT) Program to a
    tactical antisatellite technologies program.
        ``(b) Level Funding.--Of the amounts authorized to be appropriated
    in this title, $10,000,000 shall be available for fiscal year 1994 for
    engineering development under the program.
        ``(c) Development of Most Critical Technologies.--The amount
    referred to in subsection (b) shall be available for engineering
    development of the most critical antisatellite technologies.
        ``(d) Limitation Pending Submission of Report.--No funds
    appropriated to the Department of Defense for fiscal year 1994 may be
    obligated for the Kinetic Energy Antisatellite (KE-ASAT) program until
    the Secretary of Defense submits to Congress the report required by
    section 1363 of the National Defense Authorization Act for Fiscal Year
    1993 (Public Law 102-484; 106 Stat. 2560) that contains, in addition to
    the matter required by such section, the Secretary's certification that
    there is a requirement for an antisatellite program.''.
    ---------------------------------------------------------------------------
              (1) A description of the current military satellite
            capability of Third World countries and other
            countries, including the projected threat posed by such
            capabilities to the United States in the future.
              (2) A description of the current and planned efforts
            by the United States to develop an antisatellite
            capability to counter the global proliferation of
            satellites with capability for military applications.
              (3) A review of other measures that the United States
            might use to counter the proliferation of such
            satellites.
              (4) An assessment of the likelihood of any Third
            World country capable of ownership or control of
            satellites with capabilities for military applications
            of being able to obtain or develop an effective
            antisatellite capability.
              (5) An assessment of the military requirement of the
            United States for antisatellite capabilities and a
            description of the existing management structure in the
            Government for the coordination of United States
            antisatellite programs.
        (b) Submission of Report.--The report required by
    subsection (a) shall be submitted not later than 180 days after
    the date of the enactment of this Act. The report shall be
    submitted in unclassified form and, as necessary, in classified
    form.

    SEC. 1364.\34\ REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN REFUGEE
                        SITUATIONS.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \34\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181)
    provided for the administration of proliferation sanctions, Middle East
    arms control, and related congressional reporting requirements,
    including the following:
        ``Sec. 2. Missile Proliferation Sanctions. * * *
        ``(c) Reporting Requirements. The authority and duties vested in me
    to make certain reports to the Congress as provided in section 1097 of
    the National Defense Authorization Act for Fiscal Years 1992 and 1993
    and section 1364 of the National Defense Authorization Act for Fiscal
    Year 1993 are delegated to the Secretary of State.
        ``(d) Coordination Among Agencies. The Secretaries designated in
    this section shall exercise all functions delegated to them by this
    section in consultation with the Secretary of State, the Secretary of
    Defense, the Secretary of the Treasury, the Secretary of Commerce, the
    Director of the Arms Control and Disarmament Agency, and other
    departments and agencies as appropriate, utilizing the appropriate
    interagency groups prior to any determination to exercise prohibition
    authority delegated hereby.''.
        This Executive order superceded a memorandum of the President of
    June 25, 1991, delegating authority regarding missile technology
    proliferation (56 F.R. 31041; July 8, 1991).
    ---------------------------------------------------------------------------
              (1) an estimated 10-20 million mines are scattered
            across Cambodia, Afghanistan, Somalia, Angola, and
            other countries which have experienced conflict; and
              (2) refugee repatriation and other humanitarian
            programs are being seriously hampered by the widespread
            use of anti-personnel mines in regional conflicts and
            civil wars.
        (b) Report.--(1) The President shall provide a report on
    international mine clearing efforts in situations involving the
    repatriation and resettlement of refugees and displaced
    persons.
        (2) The report shall include the following:
              (A) An assessment of mine clearing needs in countries
            to which refugees and displaced persons are now
            returning, or are likely to return within the near
            future, including Cambodia, Angola, Afghanistan,
            Somalia and Mozambique, and an assessment of current
            international efforts to meet the mine clearing needs
            in the countries covered by the report.
              (B) An analysis of the specific types of mines in the
            individual countries assessed and the availability of
            technology and assets within the international
            community for their removal.
              (C) An assessment of what additional technologies and
            assets would be required to complete, expedite or
            reduce the costs of mine clearing efforts.
              (D) An evaluation of the availability of technologies
            and assets within the United States Government which,
            if called upon, could be employed to augment or
            complete mine clearing efforts in the countries covered
            by the report.
              (E) An evaluation of the desirability, feasibility
            and potential cost of United States assistance on
            either a unilateral or multilateral basis in such mine
            clearing operations.
        (3) The report shall be submitted to the Congress not later
    than 180 days after the date of the enactment of this Act.

    SEC. 1365.\35\ LANDMINE EXPORT MORATORIUM.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 2778 note. Effective November 25, 1992, the
    Department of State suspended ``all licenses, approvals, sales or
    transfers of landmines specifically designed for anti-personnel use,
    regardless of method of delivery'', and furthermore, ``all existing
    authorizations for the sale, export, or transfer of such defense
    articles are revoked until further notice'' pursuant to this section
    and to secs. 2, 38, and 42 of the AECA [Department of State Public
    Notice 1727; November 25, 1992; 57 F.R. 55614].
        See also sec. 1423 of Public Law 103-160.
    ---------------------------------------------------------------------------
              (1) Anti-personnel landmines, which are specifically
            designed to maim and kill people, have been used
            indiscriminately in dramatically increasing numbers,
            primarily in insurgencies in poor developing countries.
            Noncombatant civilians, including tens of thousands of
            children, have been the primary victims.
              (2) Unlike other military weapons, landmines often
            remain implanted and undiscovered after conflict has
            ended, causing untold suffering to civilian
            populations. In Afghanistan, Cambodia, Laos, Vietnam,
            and Angola, tens of millions of unexploded landmines
            have rendered whole areas uninhabitable. In
            Afghanistan, an estimated hundreds of thousands of
            people have been maimed and killed by landmines during
            the 14-year civil war. In Cambodia, more than 20,000
            civilians have lost limbs and another 60 are being
            maimed each month from landmines.
              (3) Over 35 countries are known to manufacture
            landmines, including the United States. However, the
            United States is not a major exporter of landmines.
            During the past ten years the Department of State has
            approved ten licenses for the commercial export of
            anti-personnel landmines valued at $980,000, and during
            the past five years the Department of Defense has
            approved the sale of 13,156 anti-personnel landmines
            valued at $841,145.
              (4) The United States signed, but has not ratified,
            the 1981 Convention on Prohibitions or Restrictions on
            the Use of Certain Conventional Weapons Which May Be
            Deemed To Be Excessively Injurious or To Have
            Indiscriminate Effects. The Convention prohibits the
            indiscriminate use of landmines.
              (5) When it signed the Convention, the United States
            stated: ``We believe that the Convention represents a
            positive step forward in efforts to minimize injury or
            damage to the civilian population in time of armed
            conflict. Our signature of the Convention reflects the
            general willingness of the United States to adopt
            practical and reasonable provisions concerning the
            conduct of military operations, for the purpose of
            protecting noncombatants.''.
              (6) The President should submit the Convention to the
            Senate for its advice and consent to ratification, and
            the President should actively negotiate under United
            Nations auspices or other auspices an international
            agreement, or a modification of the Convention, to
            prohibit the sale, transfer or export of anti-personnel
            landmines. Such an agreement or modification would be
            an appropriate response to the end of the Cold War and
            the promotion of arms control agreements to reduce the
            indiscriminate killing and maiming of civilians.
              (7) The United States should set an example for other
            countries in such negotiations, by implementing a one-
            year moratorium on the sale, transfer or export of
            anti-personnel landmines.
        (b) Statement of Policy.--(1) It shall be the policy of the
    United States to seek verifiable international agreements
    prohibiting the sale, transfer, or export, and further limiting
    the use, production, possession, and deployment of anti-
    personnel landmines.
        (2) It is the sense of the Congress that the President
    should actively seek to negotiate under United Nations auspices
    or other auspices an international agreement, or a modification
    of the Convention, to prohibit the sale, transfer, or export of
    anti-personnel landmines.
        (c) Moratorium on Transfers of Anti-Personnel Landmines
    Abroad.--During the 16-year period beginning on October 23,
    1992--\36\
    ---------------------------------------------------------------------------
        \36\ Sec. 1423(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) struck out ``For
    a period of one year beginning on the date of the enactment of this
    Act'' and inserted in lieu thereof ``During the four-year period
    beginning on October 23, 1992''.
        Sec. 558 of Public Law 104-107 (110 Stat. 743) struck out ``During
    the four-year period beginning on October 23, 1992--'' and inserted in
    lieu thereof ``During the five-year period beginning on October 23,
    1992--''. Sec. 556 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of
    the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208;
    110 Stat. 3009), struck out ``During the five-year period beginning on
    October 23, 1992'' and inserted in lieu thereof ``During the eight-year
    period beginning on October 23, 1992''. That section also provided the
    following:
    ---------------------------------------------------------------------------

    ``landmines
    ---------------------------------------------------------------------------

        ``Sec. 556. Notwithstanding any other provision of law, demining
    equipment available to the Agency for International Development and the
    Department of State and used in support of the clearing of landmines
    and unexploded ordnance for humanitarian purposes may be disposed of on
    a grant basis in foreign countries, subject to such terms and
    conditions as the President may prescribe: Provided, * * *''.
        Sec. 553 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
    ``During the five-year period beginning on October 23, 1992'' and
    inserted in lieu thereof ``During the 11-year period beginning on
    October 23, 1992''. This amendment is understood to strike and replace
    language amended by Public Law 104-208, which extended the period to
    eight years.
        Sec. 548 of the Kenneth M. Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115
    Stat. 2156), struck out ``During the 11-year period beginning on
    October 23, 1992'' and inserted in lieu thereof ``During the 16-year
    period beginning on October 23, 1992''.
    ---------------------------------------------------------------------------
              (1) no sale may be made or financed, no transfer may
            be made, and no license for export may be issued, under
            the Arms Export Control Act, with respect to any anti-
            personnel landmine; and
              (2) no assistance may be provided under the Foreign
            Assistance Act of 1961, with respect to the provision
            of any anti-personnel landmine.
        (d) \37\ Definition.--For purposes of this section, the
    term ``anti-personnel landmine'' means--
    ---------------------------------------------------------------------------
        \37\ Sec. 1182(c)(3) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1772) struck out ``(e)
    Definition.--'' and inserted in lieu thereof ``(d) Definition.--''.
    ---------------------------------------------------------------------------
              (1) any munition placed under, on, or near the ground
            or other surface area, or delivered by artillery,
            rocket, mortar, or similar means or dropped from an
            aircraft and which is designed to be detonated or
            exploded by the presence, proximity, or contact of a
            person;
              (2) any device or material which is designed,
            constructed, or adapted to kill or injure and which
            functions unexpectedly when a person disturbs or
            approaches an apparently harmless object or performs an
            apparently safe act;
              (3) any manually-emplaced munition or device designed
            to kill, injure, or damage and which is actuated by
            remote control or automatically after a lapse of time.

             TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION

                            Subtitle A--Short Title

    SEC. 1401.\38\ SHORT TITLE.

        This title may be cited as the ``Former Soviet Union
    Demilitarization Act of 1992''.
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 5901 note.
    ---------------------------------------------------------------------------

                   Subtitle B--Findings and Program Authority

    SEC. 1411.\39\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER
                        SOVIET UNION.

        The Congress finds that it is in the national security
    interest of the United States--
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 5901.
    ---------------------------------------------------------------------------
              (1) to facilitate, on a priority basis--
                      (A) the transportation, storage,
                    safeguarding, and destruction of nuclear and
                    other weapons of the independent states of the
                    former Soviet Union, including the safe and
                    secure storage of fissile materials,
                    dismantlement of missiles and launchers, and
                    the elimination of chemical and biological
                    weapons capabilities;
                      (B) the prevention of proliferation of
                    weapons of mass destruction and their
                    components and destabilizing conventional
                    weapons of the independent states of the former
                    Soviet Union, and the establishment of
                    verifiable safeguards against the proliferation
                    of such weapons;
                      (C) the prevention of diversion of weapons-
                    related scientific expertise of the former
                    Soviet Union to terrorist groups or third
                    countries; and
                      (D) other efforts designed to reduce the
                    military threat from the former Soviet Union;
              (2) to support the demilitarization of the massive
            defense-related industry and equipment of the
            independent states of the former Soviet Union and
            conversion of such industry and equipment to civilian
            purposes and uses; and
              (3) to expand military-to-military contacts between
            the United States and the independent states of the
            former Soviet Union.

    SEC. 1412.\40\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.

        (a) In General.--Notwithstanding any other provision of
    law, the President is authorized,\41\ in accordance with this
    title, to establish and conduct programs described in
    subsection (b) to assist the demilitarization of the
    independent states of the former Soviet Union.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 5902. See also sec. 1203 of Public Law 103-160.
        \41\ In a memorandum of December 30, 1992, for the Secretaries of
    State and Defense, and the Director, OMB, the President delegated
    authority established in sec. 502 of the FREEDOM Support Act and in
    sec. 1412(d) of Public Law 102-484 to the Secretary of State. The
    President further delegated authority in secs. 1412(a), 1431, and 1432
    of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the
    Secretary of Defense. That memorandum further provided that: ``The
    Secretary of Defense shall not exercise authority delegated * * * with
    respect to any former Soviet republic unless the Secretary of State has
    exercised his authority and performed the duty delegated * * * with
    respect to that former Soviet Republic. The Secretary of Defense shall
    not obligated funds in the exercise of authority delegated * * * unless
    the Director of the Office of Management and Budget has determined that
    expenditures during fiscal year 1993 pursuant to such obligation shall
    be counted against the defense category of discretionary spending
    limits for that fiscal year (as defined in section 601(a)(2) of the
    Congressional Budget Act of 1974) for purposes of Part C of the
    Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R.
    3193; January 8, 1993).
    ---------------------------------------------------------------------------
        (b) Types of Programs.--The programs referred to in
    subsection (a) are limited to--
              (1) transporting, storing, safeguarding, and
            destroying nuclear, chemical, and other weapons of the
            independent states of the former Soviet Union, as
            described in section 212(b) of the Soviet Nuclear
            Threat Reduction Act of 1991 (title II of Public Law
            102-228);
              (2) establishing verifiable safeguards against the
            proliferation of such weapons and their components;
              (3) preventing diversion of weapons-related
            scientific expertise of the former Soviet Union to
            terrorist groups or third countries;
              (4) facilitating the demilitarization of the defense
            industries of the former Soviet Union and the
            conversion of military technologies and capabilities
            into civilian activities;
              (5) establishing science and technology centers in
            the independent states of the former Soviet Union for
            the purpose of engaging weapons scientists, engineers,
            and other experts previously involved with nuclear,
            chemical, and other weapons in productive, nonmilitary
            undertakings; and
              (6) expanding military-to-military contacts between
            the United States and the independent states of the
            former Soviet Union.
        (c) United States Participation.--The programs described in
    subsection (b) should, to the extent feasible, draw upon United
    States technology and expertise, especially from the United
    States private sector.
        (d) Restrictions.--United States assistance authorized by
    subsection (a) may not be provided unless the President
    certifies to the Congress,\41\ on an annual basis, that the
    proposed recipient country is committed to--
              (1) making a substantial investment of its resources
            for dismantling or destroying such weapons of mass
            destruction, if such recipient has an obligation under
            a treaty or other agreement to destroy or dismantle any
            such weapons;
              (2) forgoing any military modernization program that
            exceeds legitimate defense requirements and forgoing
            the replacement of destroyed weapons of mass
            destruction;
              (3) forgoing any use in new nuclear weapons of
            fissionable or other components of destroyed nuclear
            weapons;
              (4) facilitating United States verification of any
            weapons destruction carried out under this title or
            section 212 of the Soviet Nuclear Threat Reduction Act
            of 1991 (title II of Public Law 102-228);
              (5) complying with all relevant arms control
            agreements; and
              (6) observing internationally recognized human
            rights, including the protection of minorities.

               Subtitle C--Administrative and Funding Authorities

    SEC. 1421.\42\ ADMINISTRATION OF DEMILITARIZATION PROGRAMS.

        (a) Funding.--(1) In recognition of the direct
    contributions to the national security interests of the United
    States of the activities specified in section 1412, funds
    transferred under sections 108 and 109 of Public Law 102-229
    (105 Stat. 1708) \43\ are authorized to be made available to
    carry out this title. Of the amount available to carry out this
    title--
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 5911.
        \43\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              (A) not more than $40,000,000 may be made available
            for programs referred to in section 1412(b)(4) relating
            to demilitarization of defense industries;
              (B) not more than $15,000,000 may be made available
            for programs referred to in section 1412(b)(6) relating
            to military-to-military contacts;
              (C) not more than $25,000,000 may be made available
            for joint research development programs pursuant to
            section 1441;
              (D) not more than $10,000,000 may be made available
            for the study, assessment, and identification of
            nuclear waste disposal activities by the former Soviet
            Union in the Arctic region;
              (E) not more than $25,000,000 may be made available
            for Project PEACE; and
              (F) not more than $10,000,000 may be made available
            for the Volunteers Investing in Peace and Security
            (VIPS) program under chapter 89 of title 10, United
            States Code, as added by section 1322.
        (2) Section 221(a) of the Soviet Nuclear Threat Reduction
    Act of 1991 (title II of Public Law 102-228; 105 Stat. 1695)
    \43\ is amended--* * *
        (3) Section 221(e) of such Act is amended--* * *
        (b) Technical Revisions to Public Law 102-229.--Public Law
    102-229 \43\ is amended--* * *

                       Subtitle D--Reporting Requirements

    SEC. 1431.\44\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

        (a) In General.--Not less than 15 days before obligating
    any funds made available for a program under this title, the
    President shall transmit to the Congress a report \45\ on the
    proposed obligation. Each such report shall specify--
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 5921.
        \45\ In a memorandum of December 30, 1992, for the Secretaries of
    State and Defense, and the Director, OMB, the President delegated
    authority established in sec. 502 of the FREEDOM Support Act and in
    sec. 1412(d) of Public Law 102-484 to the Secretary of State. The
    President further delegated authority in secs. 1412(a), 1431, and 1432
    of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the
    Secretary of Defense. That memorandum further provided that: ``The
    Secretary of Defense shall not exercise authority delegated * * * with
    respect to any former Soviet republic unless the Secretary of State has
    exercised his authority and performed the duty delegated * * * with
    respect to that former Soviet Republic. The Secretary of Defense shall
    not obligated funds in the exercise of authority delegated * * * unless
    the Director of the Office of Management and Budget has determined that
    expenditures during fiscal year 1993 pursuant to such obligation shall
    be counted against the defense category of discretionary spending
    limits for that fiscal year (as defined in section 601(a)(2) of the
    Congressional Budget Act of 1974) for purposes of Part C of the
    Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R.
    3193; January 8, 1993).
    ---------------------------------------------------------------------------
              (1) the account, budget activity, and particular
            program or programs from which the funds proposed to be
            obligated are to be derived and the amount of the
            proposed obligation; and
              (2) the activities and forms of assistance under this
            title for which the President plans to obligate such
            funds, including the projected involvement of United
            States Government departments and agencies and the
            United States private sector.
        (b) Industrial Demilitarization.--Any report under
    subsection (a) that covers proposed industrial demilitarization
    projects shall contain additional information to assist the
    Congress in determining the merits of the proposed projects.
    Such information shall include descriptions of--
              (1) the facilities to be demilitarized;
              (2) the types of activities conducted at those
            facilities and of the types of nonmilitary activities
            planned for those facilities;
              (3) the forms of assistance to be provided by the
            United States Government and by the United States
            private sector;
              (4) the extent to which military production
            capability will consequently be eliminated at those
            facilities; and
              (5) the mechanisms to be established for monitoring
            progress on those projects.

    SEC. 1432.\46\ QUARTERLY REPORTS ON PROGRAMS.

        Not later than 30 days after the end of the last fiscal
    year quarter of fiscal year 1992 and not later than 30 days
    after the end of each fiscal year quarter of fiscal year 1993,
    the President shall transmit to the Congress a report \45\ on
    the activities carried out under this title. Each such report
    shall set forth, for the preceding fiscal year quarter and
    cumulatively, the following:
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 5922.
    ---------------------------------------------------------------------------
              (1) The amounts expended for such activities and the
            purposes for which they were expended.
              (2) The source of the funds obligated for such
            activities, specified by program.
              (3) A description of the participation of all United
            States Government departments and agencies and the
            United States private sector in such activities.
              (4) A description of the activities carried out under
            this title and the forms of assistance provided under
            this title, including, with respect to proposed
            industrial demilitarization projects, additional
            information on the progress toward demilitarization of
            facilities and the conversion of the demilitarized
            facilities to civilian activities.
              (5) Such other information as the President considers
            appropriate to fully inform the Congress concerning the
            operation of the programs authorized under this title.

              Subtitle E--Joint Research and Development Programs

    SEC. 1441.\47\ PROGRAMS WITH STATES OF FORMER SOVIET UNION.

        The Congress encourages the Secretary of Defense to
    participate actively in joint research and development programs
    with the independent states of the former Soviet Union through
    the nongovernmental foundation established for this purpose by
    section 511 of the Freedom for Russia and Emerging Eurasian
    Democracies and Open Markets Support Act of 1992 (Public Law
    102-511; 106 Stat. 3345; 22 U.S.C. 5861).\48\ To that end, the
    Secretary of Defense may spend those funds authorized in
    section 1421(a)(1)(C) for support, technical cooperation, in-
    kind assistance, and other activities with the following
    purposes:
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 5931.
        \48\ Sec. 1182(c)(4) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1772) struck out ``the
    FREEDOM Support Act of 1992'' and inserted in lieu thereof ``the
    Freedom for Russia and Emerging Eurasian Democracies and Open Markets
    Support Act of 1992 (Public Law 102-511; 106 Stat. 3345; 22 U.S.C.
    5861)''.
    ---------------------------------------------------------------------------
              (1) To advance defense conversion by funding civilian
            collaborative research and development projects between
            scientists and engineers in the United States and in
            the independent states of the former Soviet Union.
              (2) To assist the establishment of a market economy
            in the independent states of the former Soviet Union by
            promoting, identifying, and partially funding joint
            research, development, and demonstration ventures
            between United States businesses and scientists,
            engineers, and entrepreneurs in those independent
            states.
              (3) To provide a mechanism for scientists, engineers,
            and entrepreneurs in the independent states of the
            former Soviet Union to develop an understanding of
            commercial business practices by establishing linkages
            to United States scientists, engineers, and businesses.
              (4) To provide access for United States businesses to
            sophisticated new technologies, talented researchers,
            and potential new markets within the independent states
            of the former Soviet Union.
              (5) To provide productive research and development
            opportunities within the independent states of the
            former Soviet Union that offer scientists and engineers
            alternatives to emigration and help prevent
            proliferation of weapons technologies and the
            dissolution of the technological infrastructure of
            those states.

                           TITLE XV--NONPROLIFERATION

    SEC. 1501. SHORT TITLE.

        This title may be cited as the ``Weapons of Mass
    Destruction Control Act of 1992''.

    SEC. 1502. SENSE OF CONGRESS.

        It is the sense of the Congress that--
              (1) the proliferation (A) of nuclear, biological, and
            chemical weapons (hereinafter in this title referred to
            as ``weapons of mass destruction'') and related
            technology and knowledge and (B) of missile delivery
            systems remains one of the most serious threats to
            international peace and the national security of the
            United States in the post-cold war era;
              (2) the proliferation of nuclear weapons, given the
            extraordinary lethality of those weapons, is of
            particularly serious concern;
              (3) the nonproliferation policy of the United States
            should continue to seek to limit both the supply of and
            demand for weapons of mass destruction and to reduce
            the existing threat from proliferation of such weapons;
              (4) substantial funding of nonproliferation
            activities by the United States is essential to
            controlling the proliferation of all weapons of mass
            destruction, especially nuclear weapons and missile
            delivery systems;
              (5) the President's nonproliferation policy statement
            of June 1992, and his September 10, 1992, initiative to
            increase funding for nonproliferation activities in the
            Department of Energy are praiseworthy;
              (6) the Congress is committed to cooperating with the
            President in carrying out an effective policy designed
            to control the proliferation of weapons of mass
            destruction;
              (7) the President should identify a full range of
            appropriate, high priority nonproliferation activities
            that can be undertaken by the United States and should
            include requests for full funding for those activities
            in the budget submission for fiscal year 1994;
              (8) the Department of Defense and the Department of
            Energy have unique expertise that can further enhance
            the effectiveness of international nonproliferation
            activities;
              (9) under the guidance of the President, the
            Secretary of Defense and the Secretary of Energy should
            continue to actively assist in United States
            nonproliferation activities and in formulating and
            executing United States nonproliferation policy,
            emphasizing activities such as improved capabilities
            (A) to detect and monitor proliferation, (B) to respond
            to terrorism, theft, and accidents involving weapons of
            mass destruction, and (C) to assist with interdiction
            and destruction of weapons of mass destruction and
            related weapons material; and
              (10) in a manner consistent with United States
            nonproliferation policy, the Department of Defense and
            the Department of Energy should continue to maintain
            and to improve their capabilities to identify, monitor,
            and respond to proliferation of weapons of mass
            destruction and missile delivery systems.

    SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY
                        NONPROLIFERATION ACTIVITIES.

        (a) Report Required.--The Secretary of Defense and the
    Secretary of Energy shall jointly submit to the committees of
    Congress named in subsection (d)(1) a report describing the
    role of the Department of Defense and the Department of Energy
    with respect to the nonproliferation policy of the United
    States.
        (b) Matters To Be Covered in Report.--The report shall--
              (1) address how the Secretary of Defense integrates
            and coordinates existing intelligence and military
            capabilities of the Department of Defense and how the
            Secretary of Energy integrates and coordinates the
            intelligence and emergency response capabilities of the
            Department of Energy in support of the nonproliferation
            policy of the United States;
              (2) identify existing and planned capabilities within
            the Department of Defense, including particular
            capabilities of the military services, and the
            Department of Energy to (A) detect and monitor
            clandestine weapons of mass destruction programs, (B)
            respond to terrorism or accidents involving such
            weapons and to theft of related weapons materials, and
            (C) assist with interdiction and destruction of weapons
            of mass destruction and related weapons materials;
              (3) describe, for the Department of Defense, the
            degree to which the Secretary of Defense has
            incorporated a nonproliferation mission into the
            overall mission of the unified combatant commands and
            how the Special Operations Command might support the
            commanders of the unified and specified commands in
            that mission;
              (4) consider the appropriate roles of the Defense
            Advance Research Projects Agency (DARPA), the Defense
            Nuclear Agency (DNA), the On-Site-Inspection Agency
            (OSIA), and other Department of Defense agencies, as
            well as the national laboratories of the Department of
            Energy, in providing technical assistance and support
            for the efforts of the Department of Defense and the
            Department of Energy with respect to nonproliferation;
            and
              (5) identify existing and planned mechanisms for
            improving the integration of Department of Defense and
            Department of Energy nonproliferation activities with
            those of other Federal departments and agencies.
        (c) Coordination With Other Agencies.--The report required
    by subsection (a) shall, for purposes of subsection (b)(5), be
    coordinated with the heads of other appropriate departments and
    agencies.
        (d) Submission of Report.--(1) The report required by
    subsection (a) shall be submitted--
              (A) to the Committee on Armed Services and the
            Committee on Foreign Relations of the Senate; and
              (B) to the Committee on Armed Services, the Committee
            on Foreign Affairs, and the Committee on Energy and
            Commerce of the House of Representatives.\49\
    ---------------------------------------------------------------------------
        \49\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations;
    and sec. 1(a)(4) provided that references to the Committee on Energy
    and Commerce shall be treated as referring to the Committee on
    Commerce. The Committee on National Security subsequently returned to
    the name ``Committee on Armed Services''; see sec. 1067 of Public Law
    106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (2) The report shall be submitted not later than 180 days
    after the date of enactment of this Act and shall be submitted
    in unclassified form and, as necessary, in classified form.

    SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE.

        (a) Funds for Department of Defense Activities.--
              (1) Of the amount appropriated pursuant to section
            103(3) for Other Procurement, Air Force, $5,000,000
            shall be available for the AFTAC Chem/Biological
            Collection/Processing program.
              (2) Of the amount appropriated pursuant to section
            201(3) for Research, Development, Test, and Evaluation,
            Air Force, $6,500,000 shall be available for the Joint
            Seismic Program.
              (3) Of the amount appropriated pursuant to section
            201(4) for Research, Development, Test, and Evaluation,
            Defense Agencies--
                      (A) $11,600,000 shall be available for LIDAR,
                      (B) $5,000,000 shall be available for Seismic
                    programs of the Defense Advanced Research
                    Projects Agency, and
                      (C) $15,000,000 shall be available for
                    Nuclear Proliferation Detection Technology
                    programs of the Defense Advanced Research
                    Projects Agency.
        (b) Funds for Department of Energy Activities.--Of the
    amount appropriated pursuant to section 3104(a)(2) for
    Verification and Control Technologies, $86,000,000 shall be
    available for nuclear nonproliferation detection technologies
    and activities. Of such amount, not more than $30,000,000 may
    be obligated until the report required by section 1503 is
    submitted.

    SEC. 1505.\50\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

        (a) Assistance for International Nonproliferation
    Activities.--Subject to the limitations and requirements
    provided in this section,\51\ the Secretary of Defense, under
    the guidance of the President, may provide assistance to
    support international nonproliferation activities.
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 5859a.
        \51\ Sec. 1602(a) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1843) struck out
    ``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994''
    in subsecs. (a), (d)(1), and (e). Sec. 1501(a)(1) of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2914) struck out ``during fiscal year 1994'' in subsec. (a) and
    inserted in lieu thereof ``during fiscal years 1994 and 1995'', and in
    subsec. (e)(1) struck out ``fiscal year 1994'' and inserted in lieu
    thereof ``fiscal years 1994 and 1995''. Sec. 1403(a)(1) of Public Law
    104-106 (110 Stat. 489) struck out ``during fiscal years 1994 and
    1995'', and sec. 1403(a)(2) of that Act amended sec. (e)(1) by striking
    out ``fiscal years 1994 and 1995'' and inserting in lieu thereof ``a
    fiscal year during which the authority of the Secretary of Defense to
    provide assistance under this section is in effect''.
    ---------------------------------------------------------------------------
        (b) Activities for Which Assistance May Be Provided.--
    Activities for which assistance may be provided under this
    section are activities such as the following:
              (1) Activities carried out by international
            organizations \52\ that are designed to ensure more
            effective safeguards against \53\ proliferation and
            more effective \54\ verification of compliance with
            international agreements on nonproliferation.\55\
    ---------------------------------------------------------------------------
        \52\ Sec. 1501(b)(1)(A) of Public Law 103-337 (108 Stat. 2914)
    struck out ``the International Atomic Energy Agency (IAEA)'' and
    inserted in lieu thereof ``international organizations''.
        \53\ Sec. 1501(b)(1)(B) of Public Law 103-337 (108 Stat. 2914)
    struck out ``nuclear'' before ``proliferation''.
        \54\ Sec. 1501(b)(1)(C) of Public Law 103-337 (108 Stat. 2914)
    struck out ``aggressive'' and inserted in lieu thereof ``effective''.
        \55\ Sec. 1501(b)(1)(D) of Public Law 103-337 (108 Stat. 2914)
    struck out ``the Treaty on the Non-Proliferation of Nuclear Weapons,
    done on July 1, 1968.'' and inserted in lieu thereof ``international
    agreements on nonproliferation.''.
    ---------------------------------------------------------------------------
              (2) Activities of the Department of Defense \56\ in
            support of the United Nations Special Commission on
            Iraq (or any successor organization).\57\
    ---------------------------------------------------------------------------
        \56\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck
    out ``the On-Site Inspection Agency'' and inserted in lieu thereof
    ``the Department of Defense'' in subsecs. (b)(2) and (d)(3).
        \57\ Sec. 1505(c)(1) of Public Law 106-65 (113 Stat. 808) inserted
    ``(or any successor organization)''.
    ---------------------------------------------------------------------------
              (3) Collaborative international nuclear security and
            nuclear safety projects to combat the threat of nuclear
            theft, terrorism, or accidents, including joint
            emergency response exercises, technical assistance, and
            training.
              (4) Efforts to improve international cooperative
            monitoring of nuclear, biological, chemical, and
            missile proliferation through technical projects and
            improved information sharing.\58\
    ---------------------------------------------------------------------------
        \58\ Sec. 1501(b)(2) of Public Law 103-337 (108 Stat. 2914) struck
    out ``nuclear proliferation through joint technical projects and
    improved intelligence sharing'' and inserted in lieu thereof ``nuclear,
    biological, chemical, and missile proliferation through technical
    projects and improved information sharing''.
    ---------------------------------------------------------------------------
        (c) Form of Assistance.--(1) Assistance under this section
    may include funds and in-kind contributions of supplies,
    equipment, personnel, training, and other forms of assistance.
        (2) Assistance under this section may be provided to
    international organizations in the form of funds only if the
    amount in the ``Contributions to International Organizations''
    account of the Department of State is insufficient or otherwise
    unavailable to meet the United States fair share of assessments
    for international nuclear nonproliferation activities.
        (3) No amount may be obligated for an expenditure under
    this section unless the Director of the Office of Management
    and Budget determines that the expenditure will be counted as
    discretionary spending in the national defense budget function
    (function 050).\59\
    ---------------------------------------------------------------------------
        \59\ Sec. 1403(b)(2) of Public Law 104-106 (110 Stat. 490) struck
    out ``will be counted against the defense category of the discretionary
    spending limits for fiscal year 1993 (as defined in section 601(a)(2)
    of the Congressional Budget Act of 1974) for purposes of part C of the
    Balanced Budget and Emergency Deficit Control Act of 1985.'' and
    inserted in lieu thereof ``will be counted as discretionary spending in
    the national defense budget function (function 050).''.
    ---------------------------------------------------------------------------
        (4) No assistance may be furnished under this section
    unless the Secretary of Defense determines and certifies to the
    Congress 30 days in advance that the provision of such
    assistance--
              (A) is in the national security interest of the
            United States; and
              (B) will not adversely affect the military
            preparedness of the United States.
        (5) The authority to provide assistance under this section
    in the form of funds may be exercised only to the extent and in
    the amounts provided in advance in appropriations Act.
        (d) \60\ Sources of Assistance.--(1) Funds provided as
    assistance under this section for any fiscal year shall be
    derived from amounts made available to the Department of
    Defense for that fiscal year.\61\ Funds provided as assistance
    under this section for a fiscal year \62\ may also be derived
    from balances in working capital accounts of the Department of
    Defense.
    ---------------------------------------------------------------------------
        \60\ Sec. 1602(c) of that Act struck out para. (4), which read as
    follows:
        ``(4) Not less than 30 days before obligating any funds to provide
    assistance under this section, the Secretary of Defense shall transmit
    to the committees of Congress named in subsection (e)(2) a report on
    the proposed obligation. Each such report shall specify--
    ---------------------------------------------------------------------------

      ``(A) the account, budget activity, and particular program or programs
    from which the funds proposed to be obligated are to be derived and the
    amount of the proposed obligation; and

      ``(B) the activities and forms of assistance for which the Secretary of
    Defense plans to obligate the funds.''.
    ---------------------------------------------------------------------------

        \61\ Sec. 1403(c)(1)(A) of Public Law 104-106 (110 Stat. 490)
    amended and restated the first two sentences of subsec. (d)(1).
    Previously, sec. 1501(c)(1) of Public Law 103-337 (108 Stat. 2914)
    amended the subsection.
        \62\ Sec. 1403(c)(1)(B) of Public Law 104-106 (110 Stat. 490)
    struck out ``referred to in this paragraph'' after ``for a fiscal
    year''.
    ---------------------------------------------------------------------------
        (2) Supplies and equipment provided as assistance under
    this section may be provided, by loan or donation, from
    existing stocks of the Department of Defense and the Department
    of Energy.
        (3) The total amount of the assistance provided in the form
    of funds under this section,\63\ including funds used for
    activities of the Department of Defense \56\ in support of the
    United Nations Special Commission on Iraq,\64\ may not exceed
    $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year
    1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal
    year 1997, or $15,000,000 for fiscal year 1998.
    ---------------------------------------------------------------------------
        \63\ Sec. 1501(c)(2) of Public Law 103-337 (108 Stat. 2914)
    inserted ``for fiscal year 1994 or $20,000,000 for fiscal year 1995''
    after ``$25,000,000''. Sec. 1403(c)(2)(A) of Public Law 104-106 (110
    Stat. 490) subsequently struck out ``may not exceed $25,000,000 for
    fiscal year 1994 or $20,000,000 for fiscal year 1995'' and inserted `,
    may not exceed $25,000,000 for fiscal year 1994, $20,000,000 for fiscal
    year 1995, or $15,000,000 for fiscal year 1996'' at the end of the
    sentence. Subsequent to that, sec. 1301(a) of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
    2700) struck out ``or'' after ``fiscal year 1995'' and added ``, or
    $15,000,000 for fiscal year 1997'' at the end of the sentence.
    Subsequent to that, sec. 1308(1) of the National Defense Authorization
    Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1956) struck out
    ``or'' after ``fiscal year 1996'' and added ``, or $15,000,000 for
    fiscal year 1998'' at the end of the sentence.
        \64\ Sec. 1602(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1843) struck out
    ``$40,000,000'' and inserted in lieu thereof ``$25,000,000, including
    funds used for activities of the On-Site Inspection Agency in support
    of the United Nations Special Commission on Iraq''.
        Sec. 1602(b)(2) of that Act, furthermore, struck out a second
    sentence in para. (3), which read as follows: ``Of such amount, not
    more than $20,000,000 may be used for the activities of the On-Site
    Inspection Agency in support of the United Nations Special Commission
    on Iraq.''.
    ---------------------------------------------------------------------------
        (4) \65\ (A) In the event of a significant unforeseen
    development related to the activities of the United Nations
    Special Commission on Iraq (or any successor organization) \66\
    for which the Secretary of Defense determines that financial
    assistance under this section is required at a level which
    would result in the total amount of assistance provided under
    this section during the then-current fiscal year exceeding the
    amount of any limitation provided by law on the total amount of
    such assistance for that fiscal year, the Secretary of Defense
    may provide such assistance with respect to that fiscal year
    notwithstanding that limitation.\67\
    ---------------------------------------------------------------------------
        \65\ Sec. 1301(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2700) added para. (4).
        \66\ Sec. 1505(c)(2)(A)(i) of Public Law 106-65 (113 Stat. 808)
    inserted ``(or any successor organization)''.
        \67\ Sec. 1505(c)(2)(A)(ii) of Public Law 106-65 (113 Stat. 808)
    struck out ``the amount specified with respect to that year under
    paragraph (3), the Secretary of Defense may provide such assistance
    notwithstanding the limitation with respect to that fiscal year under
    paragraph (3). Funds for such purpose may be derived from any funds
    available to the Department of Defense for that fiscal year.'' and
    inserted in lieu thereof ``the amount of any limitation provided by law
    on the total amount of such assistance for that fiscal year, the
    Secretary of Defense may provide such assistance with respect to that
    fiscal year notwithstanding that limitation.''.
    ---------------------------------------------------------------------------
        (B) Financial assistance may be provided under subparagraph
    (A) only after the Secretary of Defense provides notice in
    writing to the committees of Congress named in subsection
    (e)(2) of the significant unforeseen development and of the
    Secretary's intent to provide assistance in excess of the
    limitation for that fiscal year.\68\ However, if the Secretary
    determines in any case that under the specific circumstances of
    that case advance notice is not possible, such notice shall be
    provided as soon as possible and not later than 15 days after
    the date on which the assistance is provided. Any notice under
    this subparagraph shall include a description of the
    development, the amount of assistance provided or to be
    provided, and the source of the funds for that assistance.
    ---------------------------------------------------------------------------
        \68\ Sec. 1505(c)(2)(B) of Public Law 106-65 (113 Stat. 808) struck
    out ``under paragraph (3)'' at this point.
    ---------------------------------------------------------------------------
        (e) Quarterly Report.--(1) Not later than 30 days after the
    end of each quarter of a fiscal year during which the authority
    of the Secretary of Defense to provide assistance under this
    section is in effect,\51\ the Secretary of Defense shall
    transmit to the committees of Congress named in paragraph (2) a
    report of the activities to reduce the proliferation threat
    carried out under this section. Each report shall set forth
    (for the preceding quarter and cumulatively)--
              (A) the amounts spent for such activities and the
            purposes for which they were spent;
              (B) a description of the participation of the
            Department of Defense and the Department of Energy and
            the participation of other Government agencies in those
            activities; and
              (C) a description of the activities for which the
            funds were spent.
        (2) The committees of Congress to which reports under
    paragraph (1) \69\ are to be transmitted are--
    ---------------------------------------------------------------------------
        \69\ Sec. 1070(c)(1) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2857) struck out ``and
    under subsection (d)(4)'' after ``paragraph (1)''. Previously, sec.
    1182(c)(5) of the National Defense Authorization Act for Fiscal Year
    1994 (Public Law 103-160; 107 Stat. 1772) struck out ``(d)(2)'' and
    inserted in lieu thereof ``(d)(4)''.
    ---------------------------------------------------------------------------
              (A) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Relations
            of the Senate; and
              (B) \70\ the Committee on Armed Services, the
            Committee on Appropriations, the Committee on
            International Relations, and the Committee on Commerce
            of the House of Representatives.
    ---------------------------------------------------------------------------
        \70\ Sec. 1502(c)(2)(B) of Public Law 104-106 (110 Stat. 507)
    struck out ``the Committee on Armed Services, the Committee on
    Appropriations, the Committee on Foreign Affairs, and the Committee on
    Energy and Commerce'' and inserted in lieu thereof ``the Committee on
    National Security, the Committee on Appropriations, the Committee on
    International Relations, and the Committee on Commerce''. Subsequently,
    sec. 1067(8) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
        (f) \71\ Termination of Authority.--The authority of the
    Secretary of Defense to provide assistance under this section
    terminates at the close of fiscal year 2003.
    ---------------------------------------------------------------------------
        \71\ Sec. 1403(a)(3) of Public Law 104-106 (110 Stat. 489) added
    subsec. (f). Sec. 1301(a)(2) of Public Law 104-201 (110 Stat. 2700)
    struck out ``1996'' and inserted in lieu thereof ``1997''. Sec. 1308(2)
    of Public Law 105-85 (111 Stat. 1956) extended the authority through
    fiscal year 1998. Sec. 1308(2) of Public Law 105-261 (112 Stat. 2180)
    extended the authority through fiscal year 1999. Sec. 1505(b) of Public
    Law 106-65 (113 Stat. 808) extended the authority through fiscal year
    2000. Sec. 1201(b) of Public Law 106-398 (114 Stat. 1654) extended the
    authority through fiscal year 2001. Sec. 1203(b) of Public Law 107-107
    (115 Stat. 1246) extended the authority through fiscal year 2002. Sec.
    1204(b) of Public Law 107-314 (116 Stat. 2664) extended the authority
    through fiscal year 2003.
    ---------------------------------------------------------------------------

          TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \72\

    SEC. 1601. SHORT TITLE.

        This title may be cited as the ``Iran-Iraq Arms Non-
    Proliferation Act of 1992''.
    ---------------------------------------------------------------------------
        \72\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for
    the Secretary of State, the President delegated all functions vested in
    the President by this title to the Secretary of State, in consultation
    with the Secretaries of Defense, Treasury, Commerce, the Director of
    the Arms Control and Disarmament Agency, and other heads of appropriate
    departments and agencies (59 F.R. 50685).
        Sec. 1503 of the Emergency Wartime Supplemental Appropriations Act,
    2003 (Public Law 108-11; 117 Stat. 579), as amended, provides 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.''.
    ---------------------------------------------------------------------------

    SEC. 1602. UNITED STATES POLICY.

        (a) In General.--It shall be the policy of the United
    States to oppose, and urgently to seek the agreement of other
    nations also to oppose, any transfer to Iran or Iraq of any
    goods or technology, including dual-use goods or technology,
    wherever that transfer could materially contribute to either
    country's acquiring chemical, biological, nuclear, or
    destabilizing numbers and types of advanced conventional
    weapons.
        (b) Sanctions.--(1) In the furtherance of this policy, the
    President shall apply sanctions and controls with respect to
    Iran, Iraq, and those nations and persons who assist them in
    acquiring weapons of mass destruction in accordance with the
    Foreign Assistance Act of 1961, the Nuclear Non-Proliferation
    Act of 1978, the Chemical and Biological Weapons Control and
    Warfare Elimination Act of 1991, chapter 7 of the Arms Export
    Control Act,\73\ and other relevant statutes, regarding the
    non-proliferation of weapons of mass destruction and the means
    of their delivery.
    ---------------------------------------------------------------------------
        \73\ Foreign Assistance Act of 1961 (Public Law 87-195), see
    Legislation on Foreign Relations Through 2005, vol. I-A; Nuclear Non-
    Proliferation Act of 1978 (Public Law 95-242), see Legislation on
    Foreign Relations Through 2005, vol. IV, sec. L; Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991 (Public
    Law 101-182), see Legislation on Foreign Relations Through 2005, vol.
    II, sec. F; chapter 7 of the Arms Export Control Act, see Legislation
    on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (2) The President should also urgently seek the agreement
    of other nations to adopt and institute, at the earliest
    practicable date, sanctions and controls comparable to those
    the United States is obligated to apply under this subsection.
        (c) Public Identification.--The Congress calls on the
    President to identify publicly (in the report required by
    section 1607) any country or person that transfers goods or
    technology to Iran or Iraq contrary to the policy set forth in
    subsection (a).

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

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

    SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

        (a) Prohibition.--If any person transfers or retransfers
    goods or technology so as to contribute knowingly and
    materially to the efforts by Iran or Iraq (or any agency or
    instrumentality of either such country) to acquire chemical,
    biological, or nuclear weapons or \74\ to acquire destabilizing
    numbers and types of advanced conventional weapons, then the
    sanctions described in subsection (b) shall be imposed.
    ---------------------------------------------------------------------------
        \74\ Sec. 1408(a) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494), inserted ``to
    acquire chemical, biological, or nuclear weapons or'' before ``to
    acquire''.
    ---------------------------------------------------------------------------
        (b) Mandatory Sanctions.--The sanctions to be imposed
    pursuant to subsection (a) are as follows:
              (1) Procurement sanction.--For a period of two years,
            the United States Government shall not procure, or
            enter into any contract for the procurement of, any
            goods or services from the sanctioned person.
              (2) Export sanction.--For a period of two years, the
            United States Government shall not issue any license
            for any export by or to the sanctioned person.

    SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

        (a) Prohibition.--If the President determines that the
    government of any foreign country transfers or retransfers
    goods or technology so as to contribute knowingly and
    materially to the efforts by Iran or Iraq (or any agency or
    instrumentality of either such country) to acquire chemical,
    biological, or nuclear weapons or \75\ to acquire destabilizing
    numbers and types of advanced conventional weapons, then--
    ---------------------------------------------------------------------------
        \75\ Sec. 1408(b) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) inserted ``to
    acquire chemical, biological, or nuclear weapons or'' before ``to
    acquire''.
    ---------------------------------------------------------------------------
              (1) the sanctions described in subsection (b) shall
            be imposed on such country; and
              (2) in addition, the President may apply, in the
            discretion of the President, the sanction described in
            subsection (c).
        (b) Mandatory Sanctions.--Except as provided in paragraph
    (2), the sanctions to be imposed pursuant to subsection (a)(1)
    are as follows:
              (1) Suspension of united states assistance.--The
            United States Government shall suspend, for a period of
            one year, United States assistance to the sanctioned
            country.
              (2) Multilateral development bank assistance.--The
            Secretary of the Treasury shall instruct the United
            States Executive Director to each appropriate
            international financial institution to oppose, and vote
            against, for a period of one year, the extension by
            such institution of any loan or financial or technical
            assistance to the sanctioned country.
              (3) Suspension of codevelopment or coproduction
            agreements.--The United States shall suspend, for a
            period of one year, compliance with its obligations
            under any memorandum of understanding with the
            sanctioned country for the codevelopment or
            coproduction of any item on the United States Munitions
            List (established under section 38 of the Arms Export
            Control Act), including any obligation for
            implementation of the memorandum of understanding
            through the sale to the sanctioned country of technical
            data or assistance or the licensing for export to the
            sanctioned country of any component part.
              (4) Suspension of military and dual-use technical
            exchange agreements.--The United States shall suspend,
            for a period of one year, compliance with its
            obligations under any technical exchange agreement
            involving military and dual-use technology between the
            United States and the sanctioned country that does not
            directly contribute to the security of the United
            States, and no military or dual-use technology may be
            exported from the United States to the sanctioned
            country pursuant to that agreement during that period.
              (5) United states munitions list.--No item on the
            United States Munitions List (established pursuant to
            section 38 of the Arms Export Control Act) may be
            exported to the sanctioned country for a period of one
            year.
        (c) Discretionary Sanction.--The sanction referred to in
    subsection (a)(2) is as follows:
              (1) Use of authorities of international emergency
            economic powers act.--Except as provided in paragraph
            (2), the President may exercise, in accordance with the
            provisions of that Act, the authorities of the
            International Emergency Economic Powers Act with
            respect to the sanctioned country.
              (2) Exception.--Paragraph (1) does not apply with
            respect to urgent humanitarian assistance.

    SEC. 1606. WAIVER.

        The President may waive the requirement to impose a
    sanction described in section 1603, in the case of Iran, or a
    sanction described in section 1604(b) or 1605(b), in the case
    of Iraq and Iran, 15 days after the President determines and so
    reports to the Committees on Armed Services and Foreign
    Relations of the Senate and the Committees on Armed Services
    and Foreign Affairs \76\ of the House of Representatives that
    it is essential to the national interest of the United States
    to exercise such waiver authority. Any such report shall
    provide a specific and detailed rationale for such
    determination.
    ---------------------------------------------------------------------------
        \76\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------

    SEC. 1607. REPORTING REQUIREMENT.

        (a) \77\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \77\ Sec. 1308(g)(1)(C) of Public Law 107-228 (116 Stat. 1441)
    struck out subsec. (a), which had required the President to file an
    annual report with the Committees on Armed Services and Foreign
    Relations of the Senate and the Committees on Armed Services and
    International Relations of the House of Representatives on transfers
    subject to this title.
    ---------------------------------------------------------------------------
        (b) Report on Individual Transfers.--Whenever the President
    determines that a person or foreign government has made a
    transfer which is subject to any sanction under this title, the
    President shall, within 30 days after such transfer, submit to
    the Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and Foreign Affairs
    \76\ of the House of Representatives a report--
              (1) identifying the person or government and
            providing the details of the transfer; and
              (2) describing the actions the President intends to
            undertake or has undertaken under the provisions of
            this title with respect to each such transfer.
        (c) Form of Transmittal.--Reports required by this section
    may be submitted in classified as well as in unclassified form.

    SEC. 1608. DEFINITIONS.

        For purposes of this title:
              (1) The term ``advanced conventional weapons''
            includes--
                      (A) such long-range precision-guided
                    munitions, fuel air explosives, cruise
                    missiles, low observability aircraft, other
                    radar evading aircraft, advanced military
                    aircraft, military satellites, electromagnetic
                    weapons, and laser weapons as the President
                    determines destabilize the military balance or
                    enhance offensive capabilities in destabilizing
                    ways;
                      (B) such advanced command, control, and
                    communications systems, electronic warfare
                    systems, or intelligence collection systems as
                    the President determines destabilize the
                    military balance or enhance offensive
                    capabilities in destabilizing ways; and
                      (C) such other items or systems as the
                    President may, by regulation, determine
                    necessary for purposes of this title.
              (2) The term ``cruise missile'' means guided missiles
            that use aerodynamic lift to offset gravity and
            propulsion to counteract drag.
              (3) The term ``goods or technology'' means--
                      (A) any article, natural or manmade
                    substance, material, supply, or manufactured
                    product, including inspection and test
                    equipment; and
                      (B) any information and know-how (whether in
                    tangible form, such as models, prototypes,
                    drawings, sketches, diagrams, blueprints, or
                    manuals, or in intangible form, such as
                    training or technical services) that can be
                    used to design, produce, manufacture, utilize,
                    or reconstruct goods, including computer
                    software and technical data.
              (4) The term ``person'' means any United States or
            foreign individual, partnership, corporation, or other
            form of association, or any of their successor
            entities, parents, or subsidiaries.
              (5) The term ``sanctioned country'' means a country
            against which sanctions are required to be imposed
            pursuant to section 1605.
              (6) The term ``sanctioned person'' means a person
            that makes a transfer described in section 1604(a).
              (7) The term ``United States assistance'' means--
                      (A) \78\ any assistance under the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2151 et
                    seq.), other than urgent humanitarian
                    assistance or medicine.
    ---------------------------------------------------------------------------
        \78\ Sec. 1408(c) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) amended and
    restated subpara. (A). It formerly read as follows:
        ``(A) any assistance under the Foreign Assistance Act of 1961,
    other than--
    ---------------------------------------------------------------------------

      ``(i) urgent humanitarian assistance or medicine, and

      ``(ii) assistance under chapter 11 of part I (as enacted by the Freedom
    for Russia and Emerging Eurasian Democracies and Open Markets Support Act
    of 1992);''.

                      (B) sales and assistance under the Arms
                    Export Control Act;
                      (C) financing by the Commodity Credit
                    Corporation for export sales of agricultural
                    commodities; and
                      (D) financing under the Export-Import Bank
                    Act.

                    TITLE XVII--CUBAN DEMOCRACY ACT OF 1992

    SEC. 1701.\79\ SHORT TITLE.

        This title may be cited as the ``Cuban Democracy Act of
    1992''.
    ---------------------------------------------------------------------------
        \79\ 22 U.S.C. 6001 note.
    ---------------------------------------------------------------------------

    SEC. 1702.\80\ FINDINGS.

        The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \80\ 22 U.S.C. 6001.
    ---------------------------------------------------------------------------
              (1) The government of Fidel Castro has demonstrated
            consistent disregard for internationally accepted
            standards of human rights and for democratic values. It
            restricts the Cuban people's exercise of freedom of
            speech, press, assembly, and other rights recognized by
            the Universal Declaration of Human Rights adopted by
            the General Assembly of the United Nations on December
            10, 1948. It has refused to admit into Cuba the
            representative of the United Nations Human Rights
            Commission appointed to investigate human rights
            violations on the island.
              (2) The Cuban people have demonstrated their yearning
            for freedom and their increasing opposition to the
            Castro government by risking their lives in organizing
            independent, democratic activities on the island and by
            undertaking hazardous flights for freedom to the United
            States and other countries.
              (3) The Castro government maintains a military-
            dominated economy that has decreased the well-being of
            the Cuban people in order to enable the government to
            engage in military interventions and subversive
            activities throughout the world and, especially, in the
            Western Hemisphere. These have included involvement in
            narcotics trafficking and support for the FMLN
            guerrillas in El Salvador.
              (4) There is no sign that the Castro regime is
            prepared to make any significant concessions to
            democracy or to undertake any form of democratic
            opening. Efforts to suppress dissent through
            intimidation, imprisonment, and exile have accelerated
            since the political changes that have occurred in the
            former Soviet Union and Eastern Europe.
              (5) Events in the former Soviet Union and Eastern
            Europe have dramatically reduced Cuba's external
            support and threaten Cuba's food and oil supplies.
              (6) The fall of communism in the former Soviet Union
            and Eastern Europe, the now universal recognition in
            Latin America and the Caribbean that Cuba provides a
            failed model of government and development, and the
            evident inability of Cuba's economy to survive current
            trends, provide the United States and the international
            democratic community with an unprecedented opportunity
            to promote a peaceful transition to democracy in Cuba.
              (7) However, Castro's intransigence increases the
            likelihood that there could be a collapse of the Cuban
            economy, social upheaval, or widespread suffering. The
            recently concluded Cuban Communist Party Congress has
            underscored Castro's unwillingness to respond
            positively to increasing pressures for reform either
            from within the party or without.
              (8) The United States cooperated with its European
            and other allies to assist the difficult transitions
            from Communist regimes in Eastern Europe. Therefore, it
            is appropriate for those allies to cooperate with
            United States policy to promote a peaceful transition
            in Cuba.

    SEC. 1703.\81\ STATEMENT OF POLICY.

        It should be the policy of the United States--
    ---------------------------------------------------------------------------
        \81\ 22 U.S.C. 6002.
    ---------------------------------------------------------------------------
              (1) to seek a peaceful transition to democracy and a
            resumption of economic growth in Cuba through the
            careful application of sanctions directed at the Castro
            government and support for the Cuban people;
              (2) to seek the cooperation of other democratic
            countries in this policy;
              (3) to make clear to other countries that, in
            determining its relations with them, the United States
            will take into account their willingness to cooperate
            in such a policy;
              (4) to seek the speedy termination of any remaining
            military or technical assistance, subsidies, or other
            forms of assistance to the Government of Cuba from any
            of the independent states of the former Soviet Union;
              (5) to continue vigorously to oppose the human rights
            violations of the Castro regime;
              (6) to maintain sanctions on the Castro regime so
            long as it continues to refuse to move toward
            democratization and greater respect for human rights;
              (7) to be prepared to reduce the sanctions in
            carefully calibrated ways in response to positive
            developments in Cuba;
              (8) to encourage free and fair elections to determine
            Cuba's political future;
              (9) to request the speedy termination of any military
            or technical assistance, subsidies, or other forms of
            assistance to the Government of Cuba from the
            government of any other country; and
              (10) to initiate immediately the development of a
            comprehensive United States policy toward Cuba in a
            post-Castro era.

    SEC. 1704.\82\,\83\ INTERNATIONAL COOPERATION.

        (a) Cuban Trading Partners.--The President should encourage
    the governments of countries that conduct trade with Cuba to
    restrict their trade and credit relations with Cuba in a manner
    consistent with the purposes of this title.
    ---------------------------------------------------------------------------
        \82\ 22 U.S.C. 6003. Authority in this section was delegated to the
    Secretary of State, pursuant to sec. 2 of Executive Order 12854 (58
    F.R. 36587; July 4, 1993).
        \83\ Sec. 204 of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810) authorized
    the President to take steps to suspend the economic embargo of Cuba
    upon submitting a determination to the appropriate congressional
    committees that a transition government is in power in Cuba. The
    section, furthermore, repealed the following sections of law upon the
    issuance of a Presidential determination that a democratically elected
    government is in power in Cuba:
        (1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2370(a));
        (2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2370(f)) with respect to the ``Republic of Cuba'';
        (3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of
    1992 (22 U.S.C. 6003, 6004(d), and 6005); and
        (4) section 902(c) of the Food Security Act of 1985.
        Congress, until such a transition to democracy in Cuba is attained,
    reaffirmed the intent of sec. 1704, and other sections, of the Cuban
    Democracy Act. See Public Law 104-114.
    ---------------------------------------------------------------------------
        (b) Sanctions Against Countries Assisting Cuba.--
              (1) Sanctions.--The President may apply the following
            sanctions to any country that provides assistance to
            Cuba:
                      (A) The government of such country shall not
                    be eligible for assistance under the Foreign
                    Assistance Act of 1961 or assistance or sales
                    under the Arms Export Control Act.
                      (B) Such country shall not be eligible, under
                    any program, for forgiveness or reduction of
                    debt owed to the United States Government.
              (2) Definition of assistance.--For purposes of
            paragraph (1), the term ``assistance to Cuba''--
                      (A) means assistance to or for the benefit of
                    the Government of Cuba that is provided by
                    grant, concessional sale, guaranty, or
                    insurance, or by any other means on terms more
                    favorable than that generally available in the
                    applicable market, whether in the form of a
                    loan, lease, credit, or otherwise, and such
                    term includes subsidies for exports to Cuba and
                    favorable tariff treatment of articles that are
                    the growth, product, or manufacture of Cuba;
                    \84\
    ---------------------------------------------------------------------------
        \84\ Sec. 102(f) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) struck out
    ``and'' at the end of subpara. (A); redesignated subpara. (B) as
    subpara. (C); inserted a new subpara. (B); and added the flush sentence
    at the end of para. (2).
    ---------------------------------------------------------------------------
                      (B) \84\ includes an exchange, reduction, or
                    forgiveness of Cuban debt owed to a foreign
                    country in return for a grant of an equity
                    interest in a property, investment, or
                    operation of the Government of Cuba (including
                    the government of any political subdivision of
                    Cuba, and any agency or instrumentality of the
                    Government of Cuba) or of a Cuban national; and
                      (C) \84\ does not include--
                              (i) donations of food to
                            nongovernmental organizations or
                            individuals in Cuba, or
                              (ii) exports of medicines or medical
                            supplies, instruments, or equipment
                            that would be permitted under section
                            1705(c).
            As used in this paragraph, the term ``agency or
            instrumentality of the Government of Cuba'' means an
            agency or instrumentality of a foreign state as defined
            in section 1603(b) of title 28, United States Code,
            with each reference in such section to ``a foreign
            state'' deemed to be a reference to ``Cuba''.
              (3) Applicability of section.--This section, and any
            sanctions imposed pursuant to this section, shall cease
            to apply at such time as the President makes and
            reports to the Congress a determination under section
            1708(a).

    SEC. 1705.\85\ SUPPORT FOR THE CUBAN PEOPLE.

        (a) Provisions of Law Affected.--The provisions of this
    section apply notwithstanding any other provision of law,
    including section 620(a) of the Foreign Assistance Act of 1961,
    and notwithstanding the exercise of authorities, before the
    enactment of this Act, under section 5(b) of the Trading With
    the Enemy Act, the International Emergency Economic Powers Act,
    or the Export Administration Act of 1979.
    ---------------------------------------------------------------------------
        \85\ 22 U.S.C. 6004.
    ---------------------------------------------------------------------------
        (b) Donations of Food.--Nothing in this or any other Act
    shall prohibit donations of food to nongovernmental
    organizations or individuals in Cuba.
        (c) Exports of Medicines and Medical Supplies.--Exports of
    medicines or medical supplies, instruments, or equipment to
    Cuba shall not be restricted--
              (1) except to the extent such restrictions would be
            permitted under section 5(m) of the Export
            Administration Act of 1979 or section 203(b)(2) of the
            International Emergency Economic Powers Act; \86\
    ---------------------------------------------------------------------------
        \86\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III, sec. J.
    ---------------------------------------------------------------------------
              (2) except in a case in which there is a reasonable
            likelihood that the item to be exported will be used
            for purposes of torture or other human rights abuses;
              (3) except in a case in which there is a reasonable
            likelihood that the item to be exported will be
            reexported; and
              (4) except in a case in which the item to be exported
            could be used in the production of any biotechnological
            product.
        (d) \83\ Requirements for Certain Exports.--
              (1) Onsite verifications.--(A) Subject to
            subparagraph (B), an export may be made under
            subsection (c) only if the President determines that
            the United States Government is able to verify, by
            onsite inspections and other appropriate means, that
            the exported item is to be used for the purposes for
            which it was intended and only for the use and benefit
            of the Cuban people.
              (B) Subparagraph (A) does not apply to donations to
            nongovernmental organizations in Cuba of medicines for
            humanitarian purposes.
              (2) Licenses.--Exports permitted under subsection (c)
            shall be made pursuant to specific licenses issued by
            the United States Government.
        (e) Telecommunications Services and Facilities.--
              (1) Telecommunications services.--Telecommunications
            services between the United States and Cuba shall be
            permitted.
              (2) Telecommunications facilities.--
            Telecommunications facilities are authorized in such
            quantity and of such quality as may be necessary to
            provide efficient and adequate telecommunications
            services between the United States and Cuba.
              (3) Licensing of payments to cuba.--(A) The President
            may provide for the issuance of licenses for the full
            or partial payment to Cuba of amounts due Cuba as a
            result of the provision of telecommunications services
            authorized by this subsection, in a manner that is
            consistent with the public interest and the purposes of
            this title, except that this paragraph shall not
            require any withdrawal from any account blocked
            pursuant to regulations issued under section 5(b) of
            the Trading With the Enemy Act.
              (B) If only partial payments are made to Cuba under
            subparagraph (A), the amounts withheld from Cuba shall
            be deposited in an account in a banking institution in
            the United States. Such account shall be blocked in the
            same manner as any other account containing funds in
            which Cuba has any interest, pursuant to regulations
            issued under section 5(b) of the Trading With the Enemy
            Act.
              (4) Authority of federal communications commission.--
            Nothing in this subsection shall be construed to
            supersede the authority of the Federal Communications
            Commission.
              (5) \87\ Prohibition on investment in domestic
            telecommunications services.--Nothing in this
            subsection shall be construed to authorize the
            investment by any United States person in the domestic
            telecommunications network within Cuba. For purposes of
            this paragraph, an ``investment'' in the domestic
            telecommunications network within Cuba includes the
            contribution (including by donation) of funds or
            anything of value to or for, and the making of loans to
            or for, such network.
    ---------------------------------------------------------------------------
        \87\ Sec. 102(g) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 793) added paras.
    (5) and (6).
    ---------------------------------------------------------------------------
              (6) \87\ Reports to congress.--The President shall
            submit to the Congress on a semiannual basis a report
            detailing payments made to Cuba by any United States
            person as a result of the provision of
            telecommunications services authorized by this
            subsection.
        (f) Direct Mail Delivery to Cuba.--The United States Postal
    Service shall take such actions as are necessary to provide
    direct mail service to and from Cuba, including, in the absence
    of common carrier service between the 2 countries, the use of
    charter service providers.
        (g) Assistance To Support Democracy in Cuba.--The United
    States Government may provide assistance, through appropriate
    nongovernmental organizations, for the support of individuals
    and organizations to promote nonviolent democratic change in
    Cuba.

    SEC. 1706.\83\,}\88\ SANCTIONS.

        (a) Prohibition on Certain Transactions Between Certain
    United States Firms and Cuba.--
    ---------------------------------------------------------------------------
        \88\ 22 U.S.C. 6005.
    ---------------------------------------------------------------------------
              (1) Prohibition.--Notwithstanding any other provision
            of law, no license may be issued for any transaction
            described in section 515.559 of title 31, Code of
            Federal Regulations, as in effect on July 1, 1989.
              (2) Applicability to existing contracts.--Paragraph
            (1) shall not affect any contract entered into before
            the date of the enactment of this Act.
        (b) Prohibitions on Vessels.--
              (1) Vessels engaging in trade.--Beginning on the 61st
            day after the date of the enactment of this Act, a
            vessel which enters a port or place in Cuba to engage
            in the trade of goods or services may not, within 180
            days after departure from such port or place in Cuba,
            load or unload any freight at any place in the United
            States, except pursuant to a license issued by the
            Secretary of the Treasury.
              (2) Vessels carrying goods or passengers to or from
            cuba.--Except as specifically authorized by the
            Secretary of the Treasury, a vessel carrying goods or
            passengers to or from Cuba or carrying goods in which
            Cuba or a Cuban national has any interest may not enter
            a United States port.
              (3) Inapplicability of ship stores general license.--
            No commodities which may be exported under a general
            license described in section 771.9 of title 15, Code of
            Federal Regulations, as in effect on May 1, 1992, may
            be exported under a general license to any vessel
            carrying goods or passengers to or from Cuba or
            carrying goods in which Cuba or a Cuban national has an
            interest.
              (4) Definitions.--As used in this subsection--
                      (A) the term ``vessel'' includes every
                    description of water craft or other contrivance
                    used, or capable of being used, as a means of
                    transportation in water, but does not include
                    aircraft;
                      (B) the term ``United States'' includes the
                    territories and possessions of the United
                    States and the customs waters of the United
                    States (as defined in section 401 of the Tariff
                    Act of 1930 (19 U.S.C. 1401)); and
                      (C) the term ``Cuban national'' means a
                    national of Cuba, as the term ``national'' is
                    defined in section 515.302 of title 31, Code of
                    Federal Regulations, as of August 1, 1992.
        (c) Restrictions on Remittances to Cuba.--The President
    shall establish strict limits on remittances to Cuba by United
    States persons for the purpose of financing the travel of
    Cubans to the United States, in order to ensure that such
    remittances reflect only the reasonable costs associated with
    such travel, and are not used by the Government of Cuba as a
    means of gaining access to United States currency.
        (d) Clarification of Applicability of Sanctions.--The
    prohibitions contained in subsections (a), (b), and (c) shall
    not apply with respect to any activity otherwise permitted by
    section 1705 or section 1707 of this Act or any activity which
    may not be regulated or prohibited under section 5(b)(4) of the
    Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)).

    SEC. 1707.\89\ POLICY TOWARD A TRANSITIONAL CUBAN GOVERNMENT.

        Food, medicine, and medical supplies for humanitarian
    purposes should be made available for Cuba under the Foreign
    Assistance Act of 1961 and the Agricultural Trade Development
    and Assistance Act of 1954 if the President determines and
    certifies to the Committee on Foreign Affairs \90\ of the House
    of Representatives and the Committee on Foreign Relations of
    the Senate that the government in power in Cuba--
    ---------------------------------------------------------------------------
        \89\ 22 U.S.C. 6006.
        \90\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) has made a public commitment to hold free and
            fair elections for a new government within 6 months and
            is proceeding to implement that decision;
              (2) has made a public commitment to respect, and is
            respecting, internationally recognized human rights and
            basic democratic freedoms; and
              (3) is not providing weapons or funds to any group,
            in any other country, that seeks the violent overthrow
            of the government of that country.

    SEC. 1708.\91\ POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT.

        (a) Waiver of Restrictions.--The President may waive the
    requirements of section 1706 if the President determines and
    reports to the Congress that the Government of Cuba--
    ---------------------------------------------------------------------------
        \91\ 22 U.S.C. 6007.
    ---------------------------------------------------------------------------
              (1) has held free and fair elections conducted under
            internationally recognized observers;
              (2) has permitted opposition parties ample time to
            organize and campaign for such elections, and has
            permitted full access to the media to all candidates in
            the elections;
              (3) is showing respect for the basic civil liberties
            and human rights of the citizens of Cuba;
              (4) is moving toward establishing a free market
            economic system; and
              (5) has committed itself to constitutional change
            that would ensure regular free and fair elections that
            meet the requirements of paragraph (2).
        (b) Policies.--If the President makes a determination under
    subsection (a), the President shall take the following actions
    with respect to a Cuban Government elected pursuant to
    elections described in subsection (a):
              (1) To encourage the admission or reentry of such
            government to international organizations and
            international financial institutions.
              (2) To provide emergency relief during Cuba's
            transition to a viable economic system.
              (3) To take steps to end the United States trade
            embargo of Cuba.

    SEC. 1709.\92\ EXISTING CLAIMS NOT AFFECTED.

        Except as provided in section 1705(a), nothing in this
    title affects the provisions of section 620(a)(2) of the
    Foreign Assistance Act of 1961.\93\
    ---------------------------------------------------------------------------
        \92\ 22 U.S.C. 6008.
        \93\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1710.\94\ ENFORCEMENT.

        (a) Enforcement Authority.--The authority to enforce this
    title shall be carried out by the Secretary of the Treasury.
    The Secretary of the Treasury shall exercise the authorities of
    the Trading With the Enemy Act in enforcing this title. In
    carrying out this subsection, the Secretary of the Treasury
    shall take the necessary steps to ensure that activities
    permitted under section 1705 are carried out for the purposes
    set forth in this title and not for purposes of the
    accumulation by the Cuban Government of excessive amounts of
    United States currency or the accumulation of excessive profits
    by any person or entity.
    ---------------------------------------------------------------------------
        \94\ 22 U.S.C. 6009.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary of the Treasury such sums
    as may be necessary to carry out this title.
        (c) Penalties Under the Trading With the Enemy Act.--
    Section 16 of the Trading With the Enemy Act (50 U.S.C. App.
    16) \95\ is amended--* * *
    ---------------------------------------------------------------------------
        \95\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III, sec. J.
    ---------------------------------------------------------------------------
        (d) Applicability of Penalties.--The penalties set forth in
    section 16 of the Trading With the Enemy Act shall apply to
    violations of this title to the same extent as such penalties
    apply to violations under that Act.
        (e) Office of Foreign Assets Control.--The Department of
    the Treasury shall establish and maintain a branch of the
    Office of Foreign Assets Control in Miami, Florida, in order to
    strengthen the enforcement of this title.

    SEC. 1711.\96\ DEFINITION.

        As used in this title, the term ``United States person''
    means any United States citizen or alien admitted for permanent
    residence in the United States, and any corporation,
    partnership, or other organization organized under the laws of
    the United States.
    ---------------------------------------------------------------------------
        \96\ 22 U.S.C. 6010.
    ---------------------------------------------------------------------------

    SEC. 1712.\97\ EFFECTIVE DATE.

        This title shall take effect on the date of the enactment
    of this Act.
    ---------------------------------------------------------------------------
        \97\ 22 U.S.C. 6001 note.
    ---------------------------------------------------------------------------
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

         Subtitle D--International Fissile Material and Warhead Control

    SEC. 3151. NEGOTIATIONS.

        (a) In General.--The Congress urges the President to enter
    into negotiations with member states of the Commonwealth of
    Independent States, to complement ongoing and future arms
    reduction negotiations and agreements, with the goal of
    achieving verifiable agreements in the following areas:
              (1) Dismantlement of nuclear weapons.
              (2) The safeguard and permanent disposal of nuclear
            materials.
              (3) An end by the United States and member states of
            the Commonwealth of Independent States to the
            production of plutonium and highly enriched uranium for
            nuclear weapons.
              (4) The extension of negotiations on these issues to
            all nations capable of producing nuclear weapons
            materials.
        (b) Exchanges of Information.--The Congress urges the
    President, in order to establish a data base on production
    capabilities of member states of the Commonwealth of
    Independent States and their stockpiles of fissile materials
    and nuclear weapons, to seek to achieve agreements with such
    states to reciprocally release information on--
              (1) United States and the member states nuclear
            weapons stockpiles, including the number of warheads
            and bombs by type, and schedules for weapons production
            and dismantlement;
              (2) the location, mission, and maximum annual
            production capacity of United States and member states
            facilities that are essential to the production of
            tritium for replenishment of that nation's tritium
            stockpile;
              (3) the inventory of United States and member states
            facilities dedicated to the production of plutonium and
            highly enriched uranium for weapons purposes; and
              (4) United States and members states stockpiles of
            plutonium and highly enriched uranium used for nuclear
            weapons.
        (c) Technical Working Groups.--The Congress urges the
    President, in order to facilitate the achievement of agreements
    referred to in subsection (a), to establish with member states
    of the Commonwealth of Independent States and with other
    nations capable of producing nuclear weapons material bilateral
    or multilateral technical working groups to examine and
    demonstrate cooperative technical monitoring and inspection
    arrangements that could be applied to the verification of--
              (1) information on mission, location, and maximum
            annual production capacity of nuclear material
            production facilities and the size of stockpiles of
            plutonium and highly enriched uranium;
              (2) nuclear arms reduction agreements that would
            include provisions requiring the verifiable
            dismantlement of nuclear warheads; and
              (3) bilateral or multilateral agreements to halt the
            production of plutonium and highly enriched uranium for
            nuclear weapons.
        (d) Report.--The President shall submit to the Congress,
    not later than March 31, 1993, a report on the progress made by
    the President in implementing the actions called for in
    subsections (a) through (c).
        (e) Production by Commonwealth of Independent States.--The
    Congress urges the Presidents of the member states of the
    Commonwealth of Independent States--
              (1) to institute a moratorium on production of
            plutonium and highly enriched uranium for nuclear
            weapons; and
              (2) to pledge to continue such moratorium for so long
            as the United States does not produce such materials.

    SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA.

        Section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
    2162) \98\ is amended by adding at the end the following new
    subsection: * * *
    ---------------------------------------------------------------------------
        \98\ For text, see Legislation on Foreign Relations Through 2005,
    vol. IV, sec. L.
    ---------------------------------------------------------------------------

    SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.

        (a) Program.--Of funds authorized to be appropriated in
    section 3104 for fiscal year 1993 for verification and control
    activities, $10,000,000 shall be available only to carry out a
    program--
              (1) to develop and demonstrate a means for verifiable
            dismantlement of nuclear warheads;
              (2) to safeguard and dispose of nuclear materials;
            and
              (3) to develop reliable techniques and procedures for
            verifying a global ban on the production of fissile
            materials for weapons purposes.
      (b) Report.--The Secretary shall include a report on such
    program in budget justification documents submitted to Congress
    in support of the budget of the Department of Energy for fiscal
    year 1994. The report shall be submitted in both classified and
    unclassified form.

    SEC. 3154. PRODUCTION OF TRITIUM.

        Nothing in this part may be construed as intending to
    affect the production of tritium.
              * * * * * * *

                          TITLE XXXII--NATIONAL SAFETY

              * * * * * * *

    SEC. 3202. NUCLEAR SAFETY IN EASTERN EUROPE AND THE FORMER SOVIET
                        UNION.

        (a) Findings.--The Congress finds that--
              (1) the Chernobyl nuclear reactor accident on April
            26, 1986, has resulted in $283 to $352 billion worth of
            damage, with more than 4,000,000 people still living on
            land contaminated with radiation;
              (2) there are 16 Chernobyl-type RBMK reactors now
            operating in Russia, Ukraine, and Lithuania, all of
            which have faulty designs, poor construction, and
            dangerously lax and outdated operating procedures;
              (3) there are dozens of Soviet-designed reactors now
            operating in Eastern Europe and the former Soviet Union
            with poor construction and lax and outdated operating
            procedures;
              (4) a serious nuclear reactor accident in one of the
            newly freed states of Eastern Europe and the former
            Soviet Union would seriously exacerbate these states'
            difficult progress towards economic recovery and could
            lead to political instability;
              (5) retrofitting the RBMK reactors with modern
            Western safety equipment will result in only marginal
            safety improvements at great expense; and
              (6) alternative power sources, such as natural gas
            turbines, and modern energy efficiency measures and
            technologies could displace the need for much of the
            power which these reactors provide.
        (b) United States Policy.--It is the sense of Congress that
    the President should undertake bilateral and multilateral
    initiatives, including trade initiatives, to--
              (1) assist in bringing on line enough replacement
            power and modern energy efficiency measures and
            technologies in the states of Eastern Europe and the
            former Soviet Union so that the RBMK reactors may be
            shut down as soon as possible and placed in stable
            condition to prevent radiological contamination;
              (2) assist the states of Eastern Europe and the
            former Soviet Union in upgrading their other nuclear
            reactors to Western standards of safety and in ensuring
            that all of their nuclear reactors receive routine
            maintenance and repairs;
              (3) encourage and provide technical assistance to
            Russia and Ukraine to enact domestic legislation
            governing nuclear reactor safety;
              (4) negotiate formal agreements for nuclear
            cooperation with Russia and Ukraine;
              (5) identify nuclear safety research as a principal
            focus of the soon-to-be created nuclear science centers
            in Ukraine and Russia; and
              (6) make greater resources available to the
            International Atomic Energy Agency to promote programs
            of nuclear safety in Eastern Europe and the former
            Soviet Union.
        (c) \99\ Reporting Requirement.--Not later than 60 days
    after the date of enactment of this Act, the President shall
    submit to Congress a report with a systematic assessment of the
    nuclear reactor safety situation in Eastern Europe and the
    former Soviet Union, with a description of specific bilateral
    and multilateral initiatives the Administration is taking and
    plans to take to address these nuclear safety issues.
    ---------------------------------------------------------------------------
        \99\ In a Memorandum of March 4, 1993, for the Secretary of State,
    the President delegated to the Secretary of State all functions
    authorized in sec. 3202(c) (58 F.R. 14303; March 17, 1993).
    ---------------------------------------------------------------------------
              * * * * * * *

    DIVISION D--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

    SEC. 4001.\100\ SHORT TITLE.

        This division may be cited as the ``Defense Conversion,
    Reinvestment, and Transition Assistance Act of 1992''.
    ---------------------------------------------------------------------------
        \100\ 10 U.S.C. 2491 note.
    ---------------------------------------------------------------------------

                              TITLE XLI--FINDINGS

    SEC. 4101.\100\ FINDINGS.

        Congress makes the following findings:
              (1) The collapse of communism in Eastern Europe and
            the dissolution of the Soviet Union have fundamentally
            changed the military threat that formed the basis for
            the national security policy of the United States since
            the end of World War II.
              (2) The change in the military threat presents a
            unique opportunity to restructure and reduce the
            military requirements of the United States.
              (3) As the United States proceeds with the post-Cold
            War defense build down, the Nation must recognize and
            address the impact of reduced defense spending on the
            military personnel, civilian employees, and defense
            industry workers who have been the foundation of the
            national defense policies of the United States.
              (4) The defense build down will have a significant
            impact on communities as procurements are reduced and
            military installations are closed and realigned.
              (5) Despite the changes in the military threat, the
            United States must maintain the capability to respond
            to regional conflicts that threaten the national
            interests of the United States, and to reconstitute
            forces in the event of an extended conflict.
              (6) The skills and capabilities of military
            personnel, civilian employees of the Department of
            Defense, defense industry workers, and defense
            industries represent an invaluable national resource
            that can contribute to the economic growth of the
            United States and to the long-term vitality of the
            national technology and industrial base.
              (7) Prompt and vigorous implementation of defense
            conversion, reinvestment, and transition assistance
            programs is essential to ensure that the defense build
            down is structured in a manner that--
                      (A) enhances the long-term ability of the
                    United States to maintain a strong and vibrant
                    national technology and industrial base; and
                      (B) promotes economic growth.
              * * * * * * *

      TITLE XLIII--COMMUNITY ADJUSTMENT AND ASSISTANCE PROGRAMS AND YOUTH
                                SERVICE PROGRAMS

              * * * * * * *
    ---------------------------------------------------------------------------
        \101\ Sec. 4304 added 10 U.S.C. 2552.
    ---------------------------------------------------------------------------

    SEC. 4304.\101\ LIMITATION ON USE OF EXCESS CONSTRUCTION OR FIRE
                        EQUIPMENT FROM DEPARTMENT OF DEFENSE STOCKS IN
                        FOREIGN ASSISTANCE OR MILITARY SALES PROGRAMS. * *
                        *

              * * * * * * *
               u. Department of Defense Appropriations Act, 1993

        Partial text of Public Law 102-396 [H.R. 5504], 106 Stat. 1876,
    approved October 6, 1992; amended by Public Law 103-139 [Department of
    Defense Appropriations Act, 1994; H.R. 3116], 107 Stat. 1418, approved
     November 11, 1993; Public Law 103-160 [National Defense Authorization
    Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November
    30, 1993; and by Public Law 107-107 [National Defense Authorization Act
     for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
                                      2001

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 1993, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 1993, for military functions administered by the
    Department of Defense, and for other purposes, namely:
              * * * * * * *

                                    TITLE II

                           OPERATION AND MAINTENANCE

              * * * * * * *

                            Humanitarian Assistance

        * * * Provided further,\1\ That where required and
    notwithstanding any other provision of law, funds made
    available under this heading for fiscal year 1993 or
    thereafter, shall be available for emergency transportation of
    United States or foreign nationals or the emergency
    transportation of humanitarian relief personnel in conjunction
    with humanitarian relief operations.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 401 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                                    TITLE IX

                               GENERAL PROVISIONS

              * * * * * * *
        Sec. 9005.\2\ * * * [Repealed--2002]
    ---------------------------------------------------------------------------
        \2\ Formerly at 10 U.S.C. 2241 note. Popularly referred to as the
    Berry amendment. Sec. 832 of Public Law 107-107 (115 Stat. 1190)
    modified and enacted into permanent law at 10 U.S.C. 2533a. Sec. 823 of
    that Act also repealed sec. 8109 of The Department of Defense
    Appropriations Act, 1997 (sec. 101(b) of title I of Public Law 104-208;
    110 Stat. 3009), which provided clarification to sec. 9005.
    ---------------------------------------------------------------------------
        This Act may be cited as the ``Department of Defense
    Appropriations Act, 1993''.
     v. National Defense Authorization Act for Fiscal Years 1992 and 1993
                                      \1\

        Partial text of Public Law 102-190 [H.R. 2100], 105 Stat. 1290,
      approved December 5, 1991; amended by Public Law 102-484 [National
     Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat.
     2315, approved October 23, 1992; Public Law 103-160 [National Defense
      Authorization Act for Fiscal Year 1994; H.R. 5006], 107 Stat. 1547,
       approved November 30, 1993; Public Law 103-337 [National Defense
      Authorization Act for Fiscal Year 1995; H.R. 4650], 108 Stat. 2663,
        approved October 5, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
    approved February 10, 1996; and by Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
                           approved November 18, 1997

     AN ACT To authorize appropriations for fiscal years 1992 and 1993 for
        military activities of the Department of Defense, for military
     construction, and for defense activities of the Department of Energy,
     to prescribe personnel strengths for such fiscal years for the Armed
                        Forces, and for other purposes.

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

    SECTION 1. SHORT TITLE.

      This Act may be cited as the ``National Defense Authorization
    Act for Fiscal Years 1992 and 1993''.
    ---------------------------------------------------------------------------
        \1\ See also partial text of the Persian Gulf Conflict Supplemental
    Authorization and Personnel Benefits Act of 1991 (Public Law 102-25;
    105 Stat. 75).
    ---------------------------------------------------------------------------

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

      (a) Divisions.--This Act is organized into three divisions as
    follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
      (b) Table of Contents.--The table of contents for this Act is
    as follows: * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

      For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 4. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1992.

      Authorizations of appropriations, and of personnel strength
    levels, in this Act for any fiscal year after fiscal year 1992
    are effective only with respect to appropriations made during
    the first session of the One Hundred Second Congress.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

                             Part E--Other Matters

              * * * * * * *

    SEC. 255. CONTINUED COOPERATION WITH JAPAN ON TECHNOLOGY RESEARCH AND
                        DEVELOPMENT.

      Of the funds authorized to be appropriated pursuant to
    section 201 for research, development, test, and evaluation for
    fiscal year 1992, and made available for basic research,
    exploratory development, and advanced technology, $10,000,000
    shall be available for such fiscal year for research and
    development projects conducted jointly by the United States and
    Japan in accordance with section 1454(d) of the National
    Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
    510; 104 Stat. 1695).
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                    Part A--Authorizations of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

      (a) Authorization of Appropriations.--Funds are hereby
    authorized to be appropriated for fiscal year 1992 for the use
    of the Armed Forces and other activities and agencies of the
    Department of Defense for expenses, not otherwise provided for,
    for operation and maintenance in amounts as follows:
               * * *
              (14) For Drug Interdiction and Counter-Drug
            Activities, Defense, $1,158,600,000.
        * * *
              (17) For Humanitarian Assistance, $13,000,000.
      (b) * * *
      (c) Authorization of Appropriations for Fiscal Year 1993.--
    Funds are hereby authorized to be appropriated for fiscal year
    1993 for the use of the Armed Forces and other activities and
    agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance in
    amounts as follows:
        * * *
              (13) For Drug Interdiction and Counter-Drug
            Activities, Defense, $1,249,400,000.
        * * *
              (16) For Humanitarian Assistance, $13,000,000.
              * * * * * * *

    SEC. 304.\3\ HUMANITARIAN ASSISTANCE.

      (a) Purpose.--(1) Funds appropriated pursuant to the
    authorization in section 301(a)(17) for humanitarian assistance
    shall be used for the purpose of providing transportation for
    humanitarian relief for persons displaced or who are refugees
    because of the invasion of Afghanistan by the Soviet Union.
    ---------------------------------------------------------------------------
        \3\ See 10 U.S.C. 2551. See also sec. 304 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2361). Sec. 304(e) of that Act struck out subsec. (f) of this section,
    relating to reports to Congress.
    ---------------------------------------------------------------------------
      (2) Of the funds authorized to be appropriated for fiscal
    year 1992 pursuant to such section for such purpose, not more
    than $3,000,000 shall be available for distribution of
    humanitarian relief supplies to displaced persons or refugees
    who are noncombatants, including those affiliated with the
    Cambodian non-Communist resistance, at or near the border
    between Thailand and Cambodia.
      (b) Authority To Transfer Funds.--The Secretary of Defense
    may transfer to the Secretary of State not more than $3,000,000
    of the funds appropriated pursuant to such section for fiscal
    year 1992 for humanitarian assistance, other than the funds
    described in subsection (a)(2), to provide for--
              (1) the payment of administrative costs incurred in
            providing the transportation described in subsection
            (a); and
              (2) the purchase or other acquisition of
            transportation assets for the distribution of
            humanitarian relief supplies in the country of
            destination.
      (c) Transportation Under Direction of the Secretary of
    State.--Transportation for humanitarian relief provided with
    funds appropriated pursuant to such section for humanitarian
    assistance shall be provided under the direction of the
    Secretary of State.
      (d) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to such section for humanitarian assistance shall be provided
    by the most economical commercial or military means available,
    unless the Secretary of State determines that it is in the
    national interest of the United States to provide
    transportation other than by the most economical means
    available. The means used to provide such transportation may
    include the use of aircraft and personnel of the reserve
    components of the Armed Forces.
      (e) Availability of Funds.--Funds appropriated pursuant to
    such section for humanitarian assistance shall remain available
    until expended, to the extent provided in appropriation Acts.
              * * * * * * *

                             Part D--Other Matters

    SEC. 341.\4\ ANNUAL REPORT ON DEFENSE CAPABILITIES AND PROGRAMS OF THE
                        ARMED FORCES. * * *
    ---------------------------------------------------------------------------

        \4\ Sec. 341 amended 10 U.S.C. 113(i)(2).
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
                                    MATTERS

              * * * * * * *

           Part C--Defense Industrial and Technology Base Initiatives

    SEC. 821.\5\ DEVELOPMENT OF CRITICAL TECHNOLOGIES. * * *
    ---------------------------------------------------------------------------

        \5\ Sec. 821 added secs. 2521, 2523-2526, redesignated sec. 2508 as
    2522 of 10 U.S.C., and collectively titled these sections as chapter
    150--Development of Dual-Use Critical Technologies. Secs. 2525 and
    2526, establishing the Office for Foreign Defense Critical Technology
    Monitoring and Assessment, and the overseas foreign critical technology
    monitoring and assessment financial assistance program, have been
    redesignated as secs. 2517 and 2518, respectively.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 828.\6\ UNITED STATES-JAPAN MANAGEMENT TRAINING PROGRAMS. * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 828 added 10 U.S.C. 2198--Management training program in
    Japanese language and culture.
    ---------------------------------------------------------------------------
              * * * * * * *

                 Part D--Other Defense Industrial Base Matters

              * * * * * * *

    SEC. 832.\7\ REQUIREMENTS RELATING TO EUROPEAN MILITARY PROCUREMENT
                        PRACTICES.
    ---------------------------------------------------------------------------

        \7\ 10 U.S.C. 113 note. Sec. 1031(18) of Public Law 106-65 (113
    Stat. 750) made 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.'', inapplicable to this section. For Public Law 104-66 and other
    legislation on the repeal of reporting requirements, see Legislation on
    Foreign Relations Through 2005, vol. IV.
    ---------------------------------------------------------------------------
      (a) European Procurement Practices.--The Secretary of Defense
    shall--
              (1) compute the total value of American-made military
            goods and services procured each year by European
            governments or companies;
              (2) review defense procurement practices of European
            governments to determine what factors are considered in
            the selection of contractors and to determine whether
            American firms are discriminated against in the
            selection of contractors for purchases by such
            governments of military goods and services; and
              (3) establish a procedure for discussion with
            European governments about defense contract awards made
            by them that American firms believe were awarded
            unfairly.
      (b) Defense Trade and Cooperation Working Group.--The
    Secretary of Defense shall establish a defense trade and
    cooperation working group. The purpose of the group is to
    evaluate the impact of, and formulate United States positions
    on, European initiatives that affect United States defense
    trade, cooperation, and technology security. In carrying out
    the responsibilities of the working group, members of the group
    shall consult, as appropriate, with personnel in the
    Departments of State and Commerce and in the Office of the
    United States Trade Representative.
      (c) GAO Review.--The Comptroller General shall conduct a
    review to determine how the members of the North Atlantic
    Treaty Organization are implementing their bilateral reciprocal
    defense procurement memoranda of understanding with the United
    States. The Comptroller General shall complete the review, and
    submit to Congress a report on the results of the review, not
    later than February 1, 1992.

    SEC. 833.\8\ BUY AMERICAN ACT WAIVER RESCISSIONS.
    ---------------------------------------------------------------------------

        \8\ Former 41 U.S.C. 10b-2. See 41 U.S.C. 10b-2 at sec. 849(c) and
    (d) of National Defense Authorization Act for Fiscal Year 1994 (Public
    Law 103-160; 107 Stat. 1725). Similar language is enacted annually in
    defense appropriations measures; see sec. 8030 of Public Law 109-148
    (119 Stat. 2705).
    ---------------------------------------------------------------------------
      (a) Determination by the Secretary of Defense.--(1) If the
    Secretary of Defense, after consultation with the United States
    Trade Representative, determines that a foreign country which
    is party to an agreement described in paragraph (2) has
    violated the terms of the agreement by discriminating against
    certain types of products produced in the United States that
    are covered by the agreement, the Secretary of Defense shall
    rescind the Secretary's blanket waiver of the Buy American Act
    with respect to such types of products produced in that foreign
    country.
      (2) An agreement referred to in paragraph (1) is any
    reciprocal defense procurement memorandum of understanding
    between the United States and a foreign country pursuant to
    which the Secretary of Defense has prospectively waived the Buy
    American Act for certain products in that country.
      (b) Report to Congress.--The Secretary of Defense shall
    submit to Congress a report on the amount of Department of
    Defense purchases from foreign entities in fiscal years 1992
    and 1993. Such report shall separately indicate the dollar
    value of items for which the Buy American Act was waived
    pursuant to any agreement described in subsection (a)(2), the
    Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
    international agreement to which the United States is a party.
      (c) Buy American Act Defined.--For purposes of this section,
    the term ``Buy American Act'' means title III of the Act
    entitled ``An Act making appropriations for the Treasury and
    Post Office Departments for the fiscal year ending June 30,
    1934, and for other purposes'', approved March 3, 1933 (41
    U.S.C. 10a et seq.).
              * * * * * * *

          TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              * * * * * * *

                          Part C--Intelligence Matters

              * * * * * * *

    SEC. 924.\9\ DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE
                        COLLECTION SYSTEMS.

      (a) Procedures for Use.--The Secretary of Defense, after
    consultation with the Director of Central Intelligence, shall
    prescribe procedures for regularly and periodically exercising
    national intelligence collection systems and exploitation
    organizations that would be used to provide intelligence
    support, including support of the combatant commands, during a
    war or threat to national security.
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
      (b) Use in Joint Training Exercises.--In accordance with
    procedures prescribed under subsection (a), the Chairman of the
    Joint Chiefs of Staff shall provide for the use of the national
    intelligence collection systems and exploitation organizations
    in joint training exercises to the extent necessary to ensure
    that those systems and organizations are capable of providing
    intelligence support, including support of the combatant
    commands, during a war or threat to national security.
      (c) Report.--Not later than May 1, 1992, the Secretary of
    Defense and the Director of Central Intelligence shall submit
    to the congressional defense committees, the Select Committee
    on Intelligence of the Senate, and the Permanent Select
    Committee on Intelligence of the House of Representatives a
    joint report--
              (1) describing the procedures prescribed under
            subsection (a); and
              (2) stating the assessment of the Chairman of the
            Joint Chiefs of Staff of the performance in joint
            training exercises of the national intelligence
            collection systems and the Chairman's recommendations
            for any changes that the Chairman considers appropriate
            to improve that performance.

                          TITLE X--GENERAL PROVISIONS

                      Part A--Financial and Budget Matters

    SEC. 1001. TRANSFER AUTHORITY.

      (a) Authority To Transfer Authorizations.--(1) Upon
    determination by the Secretary of Defense that such action is
    necessary in the national interest, the Secretary may transfer
    amounts of authorizations made available to the Department of
    Defense in this division for fiscal year 1992 between any such
    authorizations for that fiscal year (or any subdivisions
    thereof). Amounts of authorizations so transferred shall be
    merged with and be available for the same purposes as the
    authorization to which transferred.
      (2) The total amount of authorizations that the Secretary of
    Defense may transfer under the authority of this section may
    not exceed $2,250,000,000.
      (b) Limitations.--The authority provided by this section to
    transfer authorizations--
              (1) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred; and
              (2) may not be used to provide authority for an item
            that has been denied authorization by Congress.
      (c) Effect on Authorization Amounts.--A transfer made from
    one account to another under the authority of this section
    shall be deemed to increase the amount authorized for the
    account to which the amount is transferred by an amount equal
    to the amount transferred.
      (d) Notice to Congress.--The Secretary of Defense shall
    promptly notify Congress of transfers made under the authority
    of this section.
              * * * * * * *

                   Part B--Naval Vessels and Related Matters

              * * * * * * *

    SEC. 1014. REPORT ON CRITERIA USED BY NAVY FOR RECOMMENDING APPROVAL OF
                        SUBMARINE EXPORT LICENSE.

      Not later than four months after the date of the enactment of
    this Act, the Secretary of the Navy shall submit to the
    congressional defense committees a report on the matters that
    would be taken into account and the criteria that would be used
    by the Secretary in determining whether to recommend to the
    Secretary of State that a license for the export of a submarine
    constructed in the United States be granted to the applicant
    for the license.
              * * * * * * *

              Part D--Matters Related to Allies and Other Nations

    SEC. 1041. SENSE OF CONGRESS REGARDING UNITED STATES TROOPS IN EUROPE.

      It is the sense of Congress that--
              (1) the United States has a strong interest in
            continuing and strengthening the North Atlantic Treaty
            Organization (NATO) to preserve world peace and
            security and to aid in the transition to a Europe that
            is whole and free;
              (2) the United States should work with its NATO
            allies to adapt NATO to better respond to the changing
            world situation, which includes--
                      (A) the dissolution of the Warsaw Pact as a
                    military and political alliance;
                      (B) the reduction in the threat of attack on
                    western Europe posed by the Soviet Union;
                      (C) the reduction in the amount of financial
                    resources that the United States is able to
                    devote to defense spending; and
                      (D) the improved ability of other member
                    nations of NATO to carry a greater share of the
                    common NATO defense burden;
              (3) barring unforeseen developments which result in a
            substantial increase in the threat to the national
            security of the United States, the Armed Forces should
            plan for an end strength level of members of the Armed
            Forces assigned to permanent duty ashore in European
            member nations of NATO that should not exceed
            approximately 100,000 members by the end of fiscal year
            1995; and
              (4) a principal function of the members so assigned
            should be to facilitate the rapid and large-scale
            reception of reinforcing United States troops in the
            event of a military necessity.

    SEC. 1042.\10\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF
                        MILITARY PERSONNEL IN EUROPE. * * *
    ---------------------------------------------------------------------------

        \10\ Sec. 1042 amended sec. 1002(c)(1) of the Department of Defense
    Authorization Act, 1985 (22 U.S.C. 1928 note).
    ---------------------------------------------------------------------------

    SEC. 1043. STRATEGIC FRAMEWORK AND DISTRIBUTION OF RESPONSIBILITIES FOR
                        THE SECURITY OF ASIA AND THE PACIFIC.

      (a) Findings.--Congress makes the following findings:
              (1) The alliance between the United States and its
            allies in East Asia contributes greatly to the security
            of that region.
              (2) It is in the national interest of the United
            States to maintain a forward military and naval
            presence in East Asia.
              (3) The pace of economic, political, and social
            advances in many of the East Asian countries,
            particularly Japan and South Korea, continues to
            accelerate.
              (4) As a result of such advances the capacity of
            those countries to contribute to the responsibilities
            for their own defense has increased dramatically.
              (5) While the level of defense burdensharing by Japan
            and South Korea has increased, continued acceleration
            of the rate of transfer of that burden is desirable.
              (6) The United States remains committed to the
            security of its friends and allies in Asia and the
            Pacific Rim region.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the United States should regularly review the
            missions, force structure, and locations of its
            military forces in Asia and the Pacific, including
            Hawaii;
              (2) the United States should also regularly review
            its basing structure in the Pacific and Asia, with
            special attention to developments in the Philippines,
            Japan, and South Korea, and determine basing, forward
            deployments, maritime and land base prepositioning,
            amphibious forces, and strategic lift to meet evolving
            strategic needs;
              (3) the United States should regularly review the
            threats and potential threats to regional peace, the
            United States, and its friends and allies;
              (4) the United States should continue to assess the
            feasibility and desirability of the ongoing partial,
            gradual reduction of military forces in Asia and the
            Pacific;
              (5) in view of the advances referred to in subsection
            (a)(3), Japan and South Korea should continue to assume
            increased responsibility for their own security and the
            security of the region;
              (6) Japan and South Korea should continue to offset
            the direct costs incurred by the United States in
            deploying military forces for the defense of those
            countries including costs related to the presence of
            United States military forces in those countries; and
              (7) Japan should continue to contribute to
            improvements to global stability by contributing to
            countries in regions of importance to world stability
            through the Official Development Assistance Program of
            Japan.
      (c) Report Required.--Not later than April 1, 1992, the
    President shall submit to the congressional defense committees,
    the Committee on Foreign Relations of the Senate, and the
    Committee on Foreign Affairs \11\ of the House of
    Representatives a report on the strategic posture and military
    force structure of the United States in Asia and the Pacific,
    including the forces in Hawaii. The President shall include in
    such report a strategic plan relating to the continued United
    States presence in that region.
    ---------------------------------------------------------------------------
        \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (d) Content of Report.--The report required by subsection (c)
    shall specifically include the following matters:
              (1) An assessment of the trends in the regional
            military balance involving potential threats to the
            United States and its allies and friends in Asia and
            the Pacific, with special attention to--
                      (A) the implications of recent developments
                    in the Soviet Union and the People's Republic
                    of China for United States and allied security
                    planning in Asia and the Pacific; and
                      (B) regional conflicts, such as the struggle
                    in Cambodia.
              (2) An assessment of the trends in acquiring and
            deploying nuclear, biological, and chemical weapons and
            long range missiles and other delivery systems and
            other destabilizing transfers of arms and technology.
              (3) An assessment of the extent to which a
            requirement continues to exist for a regional security
            role for the United States in East Asia.
              (4) An identification of any changes--
                      (A) in the missions, force structure, and
                    locations of United States military forces in
                    Asia and the Pacific that could strengthen the
                    capabilities of such forces and lower the costs
                    of maintaining such forces; and
                      (B) in contingency and reserve armed forces
                    in the United States and other areas.
              (5) A review of the United States basing structure in
            the Pacific and Asia with special attention to
            developments in the Philippines, Japan, and South
            Korea, including a review of the implications for
            basing, forward deployments, maritime, and land base
            prepositioning, amphibious forces, and strategic lift
            to meet evolving strategic needs.
              (6) A discussion of the strategic implications of the
            departure of United States forces from Clark Air Force
            Base and of the remaining facilities in the
            Philippines.
              (7) A discussion of the need for expanding the United
            States access to facilities in Singapore and other
            states in East Asia that are friendly to the United
            States.
              (8) A discussion of the recent trends in the
            contributions to burdensharing and the common defense
            being made by the friends and allies of the United
            States in Asia and the ways in which increased defense
            responsibilities and costs presently borne by the
            United States can be transferred to the friends and
            allies of the United States in Asia and the Pacific.
              (9) An assessment of the feasibility of relocating
            United States military personnel and facilities in
            Japan and South Korea to reduce friction between such
            personnel and the people of those countries.
              (10) A discussion of any changes in bilateral command
            arrangements that would facilitate a transfer of
            military missions and command to allies of the United
            States in East Asia.
              (11) A discussion of the changes in--
                      (A) the flow of arms and military technology
                    between the United States and its friends and
                    allies;
                      (B) the balance of trade in arms and
                    technology; and
                      (C) the dependence and interdependence
                    between the United States and its friends and
                    allies in military technology.

    SEC. 1044. UNITED STATES TROOPS IN KOREA.

      (a) Findings.--Congress makes the following findings:
              (1) The United States plans to reduce its troop
            presence in the Republic of Korea to 36,500 personnel
            by the end of 1992.
              (2) The Department of Defense has not announced
            specific plans for further personnel reductions below
            that level.
              (3) The National Unification Board of South Korea
            estimates the gross national product (GNP) of North
            Korea to have been $21,000,000,000 in 1989, while the
            Bank of Korea estimates that the size of the Republic
            of Korea's economy in that year was $210,000,000,000, a
            factor of 10 larger. At its current growth rate, as
            estimated by the Economic Planning Board of the
            Republic of Korea, the annual expansion of the economy
            of the Republic of Korea is nearly equivalent in size
            to the entire North Korean economy.
              (4) The Republic of Korea continues to face a
            substantial military threat from North Korea that
            requires a vigorous response on both military and
            diplomatic levels.
              (5) The Republic of Korea has decided to increase its
            level of host nation support, although such support
            still falls short of the actual cost involved and short
            of the relative level provided by the Government of
            Japan.
              (6) While recognizing that the Republic of Korea has
            consistently increased its defense budget in real terms
            by an average of about 6 percent annually for the past
            five years, to a current level of 4.2 percent of gross
            national product, the Republic of Korea devotes a
            smaller share of its economy to defense than does the
            United States, at 4.9 percent of gross national
            product.
      (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) the Republic of Korea remains an important ally
            of the United States, with the two countries sharing
            important political, economic, and security interests;
              (2) commensurate with the security situation on the
            Korean peninsula and the size and vitality of the
            economy of the Republic of Korea--
                      (A) the Department of Defense should consider
                    whether future reductions of United States
                    military forces from the Republic of Korea
                    beyond those now planned to be completed by the
                    end of 1992 can be made in a way that does not
                    undermine the credibility or effectiveness of
                    those forces against an attack by North Korea;
                    and
                      (B) the Republic of Korea should undertake
                    greater efforts to meet its security
                    requirements, particularly in the area of force
                    modernization; and
              (3) the Government of the Republic of Korea should
            increase the level of host nation support it provides
            to United States forces in the area so that its
            relative level more closely approximates that of Japan.
      (c) Presidential Report.--(1) The President shall transmit to
    Congress, either separately or as part of another relevant
    report, a report on the overall security situation on the
    Korean peninsula, the implications of relevant political and
    economic developments in the area for the security situation
    there, and United States policy for the area.
      (2) Issues covered in the report shall include--
              (A) a qualitative and quantitative assessment of the
            military balance on the Korean peninsula;
              (B) a description of the material requirements of the
            armed forces of the Republic of Korea;
              (C) a description of United States military personnel
            requirements;
              (D) a description of the state of United States-
            Republic of Korea relations, the state of China-
            Republic of Korea relations, and the state of Soviet-
            Republic of Korea relations; and
              (E) a description of prospects for change in North
            Korea.
      (3) The report shall be transmitted not later than June 30,
    1992, and shall be transmitted in both classified and
    unclassified form.

    SEC. 1045.\12\ BURDENSHARING CONTRIBUTIONS BY JAPAN, KUWAIT, AND THE
                        REPUBLIC OF KOREA. * * * [REDESIGNATED TO 10 U.S.C.
                        2350J--1993]
    ---------------------------------------------------------------------------

        \12\ The revised text of sec. 1045 was incorporated into 10 U.S.C.
    at sec. 2350j by sec. 1402(a) of the National Defense Authorization Act
    for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1825).
    ---------------------------------------------------------------------------

    SEC. 1046.\13\ DEFENSE COST-SHARING.
    ---------------------------------------------------------------------------

        \13\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
      (a) Defense Cost-Sharing Agreements.--(1) The President shall
    consult with the foreign nations described in paragraph (2) to
    seek to achieve, within 12 months after the date of the
    enactment of this Act, an agreement on equitable defense cost-
    sharing with each such nation.
      (2) The foreign nations referred to in paragraph (1) are--
              (A) each member nation of the North Atlantic Treaty
            Organization (other than the United States); and
              (B) every other foreign nation with which the United
            States has a bilateral or multilateral defense
            agreement that provides for the assignment of combat
            units of the Armed Forces of the United States to
            permanent duty in the nation or the placement of combat
            equipment of the United States in the nation.
      (3) Each defense cost-sharing agreement entered into under
    paragraph (1) should provide that the foreign nation agrees to
    share equitably with the United States, through cash
    compensation or in-kind contributions, or a combination
    thereof, the costs to the United States that arise solely from
    the implementation of the provisions of the bilateral or
    multilateral defense agreement with that nation.
      (b) Exception.--The provisions of subsection (a) shall not
    apply to those foreign nations that receive assistance under
    section 23 of the Arms Export Control Act (22 U.S.C. 2763)
    relating to the foreign military financing program or under
    chapter 4 of part II of the Foreign Assistance Act of 1961 (22
    U.S.C. 2346 et seq.) relating to the Economic Support Fund.
      (c) Consultations.--In conducting the consultations required
    under subsection (a), the President should make maximum
    feasible use of the Department of Defense and the post of
    Ambassador-at-Large created by section 8125(c) of the
    Department of Defense Appropriations Act, 1989 (10 U.S.C. 113
    note).
      (d) Allies Mutual Defense Payments Account.--The Secretary of
    Defense shall maintain an accounting for defense cost-sharing
    under each agreement entered into with a foreign nation
    pursuant to subsection (a). The accounting shall show for each
    foreign nation the amount and nature of the--
              (1) cost-sharing contributions agreed to by the
            nation;
              (2) cost-sharing contributions delivered by the
            nation;
              (3) additional contributions by the nation to any
            commonly funded multilateral programs providing for
            United States participation in the common defense;
              (4) contributions by the United States to any such
            commonly funded multilateral programs;
              (5) contributions of all other nations to any such
            commonly funded multilateral programs; and
              (6) costs to the United States that arise solely from
            the implementation of the provisions of the bilateral
            or multilateral defense agreement with the nation.
      (e) Reporting Requirements.--The Secretary of Defense shall
    include in each Report on Allied Contributions to the Common
    Defense prepared under section 1003 of Public Law 98-525 (22
    U.S.C. 1928 note) information, in classified and unclassified
    form--
              (1) describing the efforts undertaken and the
            progress made by the President in carrying out
            subsections (a) and (c) during the period covered by
            the report;
              (2) specifying the accounting of defense cost-sharing
            contributions maintained under subsection (d) during
            that period; \14\
    ---------------------------------------------------------------------------
        \14\ Sec. 1412(b) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829) struck out
    ``and'' at the end of para. (2); struck out a period at the end of
    para. (3), inserting in lieu thereof ``; and'', and added a new para.
    (4).
    ---------------------------------------------------------------------------
              (3) assessing how equitably foreign nations not
            described in subsection (a) or excepted under
            subsection (b) are sharing the costs and burdens of
            implementing defense agreements with the United States
            and how those defense agreements serve the national
            security interests of the United States; and \14\
              (4) \14\ specifying the incremental costs to the
            United States associated with the permanent stationing
            ashore of United States forces in foreign nations.
        (f) \15\ Incremental Costs Defined.--In this section, the
    term ``incremental costs'', with respect to permanent
    stationing ashore of United States forces in foreign nations,
    means the difference between the costs associated with
    maintaining United States military forces in assignments to
    permanent duty ashore in the foreign nations and the costs
    associated with maintaining those same military forces at
    military bases in the United States.
    ---------------------------------------------------------------------------
        \15\ Sec. 1313(e) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2895) added subsec.
    (f).
    ---------------------------------------------------------------------------

    SEC. 1047.\16\ USE OF CONTRIBUTIONS OF FRIENDLY FOREIGN COUNTRIES AND
                        NATO FOR COOPERATIVE DEFENSE PROJECTS. * * *
    ---------------------------------------------------------------------------

        \16\ Sec. 1047(a) added a new 10 U.S.C. 2350i--Foreign
    Contributions for Cooperative Projects.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1049.\17\ EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DEFENSE
                        ARTICLES TO CERTAIN COUNTRIES. * * *
    ---------------------------------------------------------------------------

        \17\ Sec. 1049(a) amended the authority of sec. 516 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j). For text, see Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1050.\18\ AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH
                        COOPERATIVE AGREEMENTS ON AIR DEFENSE IN ITALY.

      (a) Authority To Carry Out Agreements.--The Secretary of
    Defense is authorized to carry out the Italian air defense
    agreements. In carrying out those agreements, the Secretary--
    ---------------------------------------------------------------------------
        \18\ Sec. 8119 of the Department of Defense Appropriations Act,
    1994 (Public Law 103-139; 107 Stat. 1466), provided the following:
        ``Sec. 8119. The Secretary of Defense is authorized to use, for
    foreign military sales otherwise authorized under Chapter 39, title 22,
    United States Code, or for transfer to United States Army, Army
    National Guard, or Army Reserves, articles and services procured for
    the implementation of the Italian air defense agreements: Provided,
    That the term `Italian air defense agreements' has the meaning given
    such term in section 1050 of Public Law 102-190 (105 Stat. 1469):
    Provided further, That upon notification of the Government of the
    United States by the Government of Italy of its desire to withdraw from
    the Italian air defense agreement or 180 days from the enactment of
    this Act [enacted November 11, 1993], section 1050 of Public Law 102-
    190 (105 Stat. 1469) is repealed.''.
    ---------------------------------------------------------------------------
              (1) may provide without monetary charge to the
            Republic of Italy articles and services as specified in
            the agreements; and
              (2) may accept from the Republic of Italy (in return
            for the articles and services provided under paragraph
            (1)) articles and services as specified in the
            agreements.
      (b) Administration of Agreements.--In connection with the
    administration of the Italian air defense agreements, the
    Secretary of Defense may--
              (1) waive any surcharge for administrative services
            otherwise chargeable under section 21(e)(1)(A) of the
            Arms Export Control Act (22 U.S.C. 2761(e)(1)(A));
              (2) waive any charge not otherwise waived for
            services associated with contract administration for
            the sale under the Arms Export Control Act of Patriot
            air defense missile fire units or components thereof to
            the Republic of Italy contemplated in the agreements;
            and
              (3) use, to the extent contemplated in the
            agreements, the North Atlantic Treaty Organization
            (NATO) Maintenance and Supply Agency--
                      (A) for the supply of logistic support in
                    Europe for the Patriot missile system; and
                      (B) for the acquisition of such logistic
                    support, to the extent that the Secretary
                    determines that the procedures of that agency
                    governing such supply and acquisition are
                    appropriate.
      (c) Authority Subject to Availability of Appropriations.--The
    authority of the Secretary of Defense to enter into contracts
    under the Italian air defense agreements is available only to
    the extent that appropriated funds are otherwise available for
    that purpose.
      (d) Definition.--For the purposes of this section, the term
    ``Italian air defense agreements'' means--
              (1) the agreement entitled ``Memorandum of
            Understanding Between the Secretary of Defense of the
            United States of America and the Minister of Defense of
            the Italian Republic on Cooperative Measures for
            Enhancing Air Defense in Italy'', signed on March 24,
            1988; and
              (2) the agreement entitled ``Implementing Agreement
            to the Memorandum of Understanding Between the
            Secretary of Defense of the United States of America
            and the Minister of Defense of the Italian Republic on
            Cooperative Measures for Enhancing Air Defense in
            Italy'', signed on April 20, 1990.

    SEC. 1051.\19\ EXTENSION OF AWACS AUTHORITY. * * *
    ---------------------------------------------------------------------------

        \19\ Sec. 1051 amended 10 U.S.C. 2350e.
    ---------------------------------------------------------------------------

    SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN
                        FORCES.

        (a) \20\ Authority to Pay Training Expenses.--* * *
    ---------------------------------------------------------------------------
        \20\ Sec. 1052(a) added a new 10 U.S.C. 2011--Special Operations
    Forces: Training With Friendly Foreign Forces.
    ---------------------------------------------------------------------------
      (b) \21\ Budgeting for Training.--* * *
    ---------------------------------------------------------------------------
        \21\ Sec. 1052(b) amended 10 U.S.C. 166.
    ---------------------------------------------------------------------------

    SEC. 1053.\22\ EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN
                        FOREIGN COMPARATIVE TESTING PROGRAM. * * *
    ---------------------------------------------------------------------------

        \22\ Sec. 1053 amended 10 U.S.C. 2350a(g).
    ---------------------------------------------------------------------------

    SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT MILITARY
                        INSTALLATIONS OUTSIDE THE UNITED STATES.

      (a) Authorization.--The number of employment positions on the
    last day of fiscal years 1992 and 1993 at United States
    military installations located outside the United States that
    may be filled by foreign nationals who are employed pursuant to
    an indirect-hire civilian personnel agreement and are paid by
    the United States may not exceed the following:
              (1) For fiscal year 1992, 60,000.
              (2) For fiscal year 1993, 47,750.
      (b) Waiver Authority.--The Secretary of Defense may waive the
    requirement of subsection (a) for a fiscal year if the
    Secretary determines that the national security interests of
    the United States require waiver of such requirement. The
    Secretary shall notify Congress of any use of this waiver
    authority and the reasons for the waiver.
      (c) Sense of Congress.--It is the sense of Congress that,
    beginning with fiscal year 1994, the President should achieve
    reductions (below fiscal year 1993 levels) in the cost to the
    United States of salaries and other remuneration of foreign
    nationals employed at United States military installations
    located outside the United States through agreements under
    which the host countries assume a greater share of these costs.
              * * * * * * *

          Part F--Congressional Findings, Policies, and Commendations

    SEC. 1071. SENSE OF CONGRESS RELATING TO THE CONTRIBUTIONS TO OPERATION
                        DESERT STORM MADE BY THE DEFENSE-RELATED INDUSTRIES
                        OF THE UNITED STATES.

      (a) Findings.--Congress makes the following findings:
              (1) The United States and its coalition allies
            achieved a great victory in Operation Desert Storm,
            carried out in the Persian Gulf region in the winter of
            1991.
              (2) The outstanding success of Operation Desert Storm
            was due in great measure to the ready availability of
            weapons and weapon systems exhibiting remarkable
            accuracy through advanced technological design.
              (3) These weapons and weapon systems were designed
            and produced by the defense-related industries of the
            United States.
              (4) The battle plan for Operation Desert Storm
            formulated by the commander of the United States
            Central Command relied on the availability and
            performance of these weapons and weapon systems.
              (5) The successful use of these weapons and weapon
            systems in accordance with that plan resulted in
            astonishingly small numbers of killed and wounded among
            the Armed Forces of the United States and of allied
            coalition forces in general.
      (b) Sense of Congress.--It is the sense of Congress--
              (1) that the defense-related industries of the United
            States, and the men and women who work in those
            industries, deserve the gratitude and appreciation of
            the Congress and of the United States for the design
            and production of the technologically-advanced weapons
            and weapon systems that helped to ensure victory in
            Operation Desert Storm;
              (2) that future decisions relating to the national
            security of the United States must take into account
            the need to maintain strong defense-related industries
            in the United States; and
              (3) that it is vitally important to the United States
            that the defense-related industries of the United
            States be capable of responding to the national
            security requirements of the United States.
              * * * * * * *

    SEC. 1074. SENSE OF CONGRESS RELATING TO THE CHEMICAL DECONTAMINATION
                        TRAINING FACILITY, FORT MCCLELLAN, ALABAMA.

      (a) Findings.--Congress makes the following findings:
              (1) The possibility of use of chemical weapons by
            Iraqi forces was the most significant military threat
            confronted by members of the Armed Forces of the United
            States who served in the Persian Gulf region in
            connection with Operation Desert Storm.
              (2) There continues to be extreme concern with
            respect to the ever more rapid proliferation of
            chemical weapons and agents, especially among nations
            in the Middle East.
              (3) This proliferation makes it increasingly
            necessary that members of the Armed Forces have the
            capability of self-defense against chemical weapons and
            agents.
              (4) Combat training with live chemical agents
            directly promotes this capability by reducing the life-
            threatening fear and self doubt that some soldiers
            experience on a battlefield contaminated by chemical
            weapons or agents.
              (5) Such training further promotes this capability by
            enhancing the professional credibility of the members
            of the Armed Forces who train others with respect to
            chemical weapons and agents.
              (6) The Chemical Decontamination Training Facility
            (CDTF) located at Fort McClellan, Alabama, is the only
            facility for conducting combat training with live
            chemical agents in the Western Hemisphere.
              (7) The operations of the Chemical Decontamination
            Training Facility depend upon the support activities of
            the Army Chemical School which is also located at Fort
            McClellan, Alabama.
              (8) The Defense Base Closure and Realignment
            Commission has reported that the closure or diminished
            operation of the Chemical Decontamination Training
            Facility could have an adverse impact on the capability
            of the Armed Forces to defend against the use of
            chemical weapons and agents and, thus, on the national
            security of the United States.
              (9) The capability of members of the Armed Forces to
            defend against chemical weapons and agents depends upon
            maintaining a fully operating facility for conducting
            combat training with live chemical agents located in
            the Western Hemisphere including maintaining associated
            support activities.
      (b) Sense of Congress.--It is the sense of Congress that the
    necessity for the Armed Forces to have an effective live
    chemical agent training facility requires that the Chemical
    Decontamination Training Facility and the Army Chemical School
    be continued in operation at Fort McClellan, Alabama, unless a
    new facility for conducting combat training with live chemical
    agents is constructed.

    SEC. 1075. POLICY REGARDING CONTRACTING WITH FOREIGN FIRMS THAT
                        PARTICIPATE IN THE SECONDARY ARAB BOYCOTT.

      (a) Restatement of Policy Regarding Trade Boycotts.--As
    stated in section 3(5)(A) of the Export Administration Act of
    1979 (50 U.S.C. App. 2402(5)(A)), it is the policy of the
    United States to oppose restrictive trade practices or boycotts
    fostered or imposed by foreign countries against other
    countries friendly to the United States or against any other
    United States person.
      (b) Sense of Congress.--Consistent with the policy referred
    to in subsection (a), it is the sense of Congress that--
              (1) no Department of Defense prime contract should be
            awarded to a foreign person unless that person
            certifies to the Secretary of Defense that it does not
            comply with the secondary Arab boycott of Israel; and
              (2) the Secretary of Defense should consider
            developing a procurement policy to implement the policy
            expressed in paragraph (1).
              * * * * * * *

                         Part G--Miscellaneous Matters

              * * * * * * *

    SEC. 1082.\23\ DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR
                        UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN
                        CONFLICT, AND THE VIETNAM ERA.

      (a) Public Availability of Information.--(1) Except as
    provided in subsection (b), the Secretary of Defense shall,
    with respect to any information referred to in paragraph (2),
    place the information in a suitable library-like location
    within a facility within the National Capital region for public
    review and photocopying.
    ---------------------------------------------------------------------------
        \23\ 50 U.S.C. 401 note. Originally enacted with a catchline that
    read ``Disclosure of Information Concerning United States Personnel
    Classified As Prisoner of War or Missing in Action During Vietnam
    Conflict''; restated by sec. 1036(4) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
    2842).
    ---------------------------------------------------------------------------
        (2) \24\ Paragraph (1) applies to any record, live-sighting
    report, or other information in the custody of the official
    custodian referred to in subsection (d)(3) that may pertain to
    the location, treatment, or condition of (A) United States
    personnel who remain not accounted for as a result of service
    in the Armed Forces or other Federal Government service during
    the Korean conflict, the Vietnam era, or the Cold War, or (B)
    their remains.
    ---------------------------------------------------------------------------
        \24\ Sec. 1036(1) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) amended and
    restated para. (2). It previously referred only to Vietnam-era POW/MIA.
    ---------------------------------------------------------------------------
      (B) For purposes of this section, a Vietnam-era POW/MIA is
    any member of the Armed Forces or civilian employee of the
    United States who was at any time classified as a prisoner of
    war or missing in action during the Vietnam era and whose
    person or remains have not been returned to United States
    control.
      (b) Exceptions.--(1) The Secretary of Defense may not make a
    record or other information available to the public pursuant to
    subsection (a) if--
              (A) the record or other information is exempt from
            the disclosure requirements of section 552 of title 5,
            United States Code, by reason of subsection (b) of that
            section; or
              (B) the record or other information is in a system of
            records exempt from the requirements of subsection (d)
            of section 552a of such title pursuant to subsection
            (j) or (k) of that section.
      (2) The Secretary of Defense may not make a record or other
    information available to the public pursuant to subsection (a)
    if the record or other information specifically mentions a
    person by name unless--
              (A) in the case of a person who is alive (and not
            incapacitated) and whose whereabouts are known, that
            person expressly consents in writing to the disclosure
            of the record or other information; or
              (B) in the case of a person who is dead or
            incapacitated or whose whereabouts are unknown, a
            family member or family members of that person
            determined by the Secretary of Defense to be
            appropriate for such purpose expressly consent in
            writing to the disclosure of the record or other
            information.
      (3)(A) The limitation on disclosure in paragraph (2) does not
    apply in the case of a person who is dead or incapacitated or
    whose whereabouts are unknown if the family member or members
    of that person determined pursuant to subparagraph (B) of that
    paragraph cannot be located by the Secretary of Defense-- \25\
    ---------------------------------------------------------------------------
        \25\ Sec. 1085(1) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 457) struck out
    ``cannot be located after a reasonable effort.'' and inserted in lieu
    thereof ``cannot be located by the Secretary of Defense--'' and clauses
    (i) and (ii).
    ---------------------------------------------------------------------------
                      (i) in the case of a person missing from the
                    Vietnam era, after a reasonable effort; and
                      (ii) in the case of a person missing from the
                    Korean Conflict or Cold War, after a period of
                    90 days from the date on which any record or
                    other information referred to in paragraph (2)
                    is received by the Department of Defense for
                    disclosure review from the Archivist of the
                    United States, the Library of Congress, or the
                    Joint United States-Russian Commission on POW/
                    MIAs.
      (B) Paragraph (2) does not apply to the access of an adult
    member of the family of a person to any record or information
    to the extent that the record or other information relates to
    that person.
      (C) The authority of a person to consent to disclosure of a
    record or other information for the purposes of paragraph (2)
    may be delegated to another person or an organization only by
    means of an express legal power of attorney granted by the
    person authorized by that paragraph to consent to the
    disclosure.
      (c) Deadlines.--(1) In the case of records or other
    information originated by the Department of Defense, the
    official custodian shall make such records and other
    information available to the public pursuant to this section
    not later than January 2, 1996.\26\ Such records or other
    information shall be made available as soon as a review carried
    out for the purposes of subsection (b) is completed.
    ---------------------------------------------------------------------------
        \26\ Sec. 1036(2)(A) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) struck out ``In
    the case of records or other information that are required by
    subsection (a) to be made available to the public and that are in the
    custody of the Department of Defense on the date of the enactment of
    this Act, the Secretary shall make such records and other information
    available to the public pursuant to this section not later than three
    years after that date.'' and inserted in lieu thereof ``In the case of
    records or other information originated by the Department of Defense,
    the official custodian shall make such records and other information
    available to the public pursuant to this section not later than
    September 30, 1995.'' Sec. 1085(2) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    457) subsequently extended this date to January 2, 1996.
    ---------------------------------------------------------------------------
      (2) Whenever \27\ a department or agency of the Federal
    Government receives any record or other information referred to
    in subsection (a) that is required by this section to be made
    available to the public, the head of that department or agency
    shall ensure that such record or other information is provided
    to the Secretary of Defense, and the Secretary shall make such
    record or other information available in accordance with
    subsection (a) as soon as possible and, in any event, not later
    than one year after the date on which the record or information
    is received by the department or agency of the Federal
    Government.
    ---------------------------------------------------------------------------
        \27\ Sec. 1036(2)(B) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) struck out
    ``after March 1, 1992,'' after ``Whenever''.
    ---------------------------------------------------------------------------
      (3) If the Secretary of Defense determines that the
    disclosure of any record or other information referred to in
    subsection (a) by the date required by paragraph (1) or (2) may
    compromise the safety of any United States personnel referred
    to in subsection (a)(2) who remain not accounted for but who
    may still be alive in captivity,\28\ then the Secretary may
    withhold that record or other information from the disclosure
    otherwise required by this section. Whenever the Secretary
    makes a determination under the preceding sentence, the
    Secretary shall immediately notify the President and the
    Congress of that determination.
    ---------------------------------------------------------------------------
        \28\ Sec. 1036(2)(C) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2842) struck out ``a
    Vietnam-era POW/MIA who may still be alive in Southeast Asia,'' and
    inserted in lieu thereof ``any United States personnel referred to in
    subsection (a)(2) who remain not accounted for but who may still be
    alive in captivity,''.
    ---------------------------------------------------------------------------
        (d) \29\ Definitions.--For purposes of this section:
    ---------------------------------------------------------------------------
        \29\ Sec. 1036(3) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2842) amended and
    restated subsec. (d). It previously referred only to ``Vietnam era''.
    ---------------------------------------------------------------------------
              (1) The terms ``Korean conflict'' and ``Vietnam era''
            have the meanings given those terms in section 101 of
            title 38, United States Code.
              (2) The term ``Cold War'' means the period from the
            end of World War II to the beginning of the Korean
            conflict and the period from the end of the Korean
            conflict to the beginning of the Vietnam era.
              (3) The term ``official custodian'' means--
                      (A) in the case of records, reports, and
                    information relating to the Korean conflict or
                    the Cold War, the Archivist of the United
                    States; and
                      (B) in the case of records, reports, and
                    information relating to the Vietnam era, the
                    Secretary of Defense.

    SEC. 1083.\30\ FAMILY SUPPORT CENTER FOR FAMILIES OF PRISONERS OF WAR
                        AND PERSONS MISSING IN ACTION.
    ---------------------------------------------------------------------------

        \30\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
      (a) Request for Establishment.--The President is authorized
    and requested to establish in the Department of Defense a
    family support center to provide information and assistance to
    members of the families of persons who at any time while
    members of the Armed Forces were classified as prisoners of war
    or missing in action in Southeast Asia and who have not been
    accounted for. Such a support center should be located in a
    facility in the National Capital region.
      (b) Duties.--The center should be organized and provided with
    such personnel as necessary to permit the center to assist
    family members referred to in subsection (a) in contacting the
    departments and agencies of the Federal Government having
    jurisdiction over matters relating to such persons.

    SEC. 1084.\31\ * * * [REPEALED--1998]
    ---------------------------------------------------------------------------

        \31\ Formerly at 36 U.S.C. 189 note. See 36 U.S.C. 189a--Display of
    POW/MIA Flag--enacted as sec. 1082 of Public Law 105-85 (111 Stat.
    1917). Subsec. (j) of that sec. repealed sec. 1084.
    ---------------------------------------------------------------------------

    SEC. 1085.\32\ EXTENSION OF OVERSEAS WORKLOAD PROGRAM. * * *
    ---------------------------------------------------------------------------

        \32\ Sec. 1085 extended the authority of sec. 1465(b) of the
    National Defense Authorization Act for Fiscal Year 1991 (Public Law
    101-510; 104 Stat. 1700). See 10 U.S.C. 2349.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1088.\33\ ADDITIONAL DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-
                        DRUG ACTIVITIES. * * *
    ---------------------------------------------------------------------------

        \33\ Sec. 1088(a) amended sec. 1004 of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
    1629). Subsec. (b) amended 10 U.S.C. 124.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1095.\34\ IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION
                        687.
    ---------------------------------------------------------------------------

        \34\ See other legislation concerning U.S. policy toward Iraq,
    beginning at page 6.
    ---------------------------------------------------------------------------
      (a) Finding.--The Congress finds that the Government of Iraq
    continues to violate United Nations Security Council Resolution
    687, which required Iraq to submit within 15 days of its
    adoption on April 3, 1991, a declaration of the locations,
    amounts, and types of all weapons of mass destruction and to
    ``unconditionally accept the destruction, removal or rendering
    harmless'' of chemical weapons, biological weapons, and
    missiles with a range greater than 150 kilometers and the
    removal of nuclear weapons-usable material.
      (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) Iraq's noncompliance with United Nations Security
            Council Resolution 687 constitutes a continuing threat
            to the peace, security, and stability of the Persian
            Gulf region;
              (2) the President should consult closely with the
            partners of the United States in the Desert Storm
            coalition and with the members of the United Nations
            Security Council in order to present a united front of
            opposition to Iraq's continuing noncompliance with
            Security Council Resolution 687; and
              (3) the Congress supports the use of all necessary
            means to achieve the goals of Security Council
            Resolution 687 as being consistent with the
            Authorization for Use of Military Force Against Iraq
            Resolution (Public Law 102-1).

    SEC. 1096.\34\ IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION
                        688.

      (a) Finding.--The Congress finds that the Government of Iraq,
    through its ongoing suppression of the political opposition,
    including Kurds and Shias, continues to violate the Universal
    Declaration of Human Rights and United Nations Security Council
    Resolution 688 which demanded that Iraq ``ensure that the human
    and political rights of all Iraqi citizens are respected''.
      (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) Iraq's noncompliance with United Nations Security
            Council Resolution 688 constitutes a continuing threat
            to the peace, security, and stability of the Persian
            Gulf region;
              (2) the President should consult closely with the
            partners of the United States in the Desert Storm
            coalition and with the members of the United Nations
            Security Council in order to present a united front of
            opposition to Iraq's continuing noncompliance with
            Security Council Resolution 688; and
              (3) the Congress supports the use of all necessary
            means to achieve the goals of United Nations Security
            Council Resolution 688 consistent with all relevant
            United Nations Security Council Resolutions and the
            Authorization for Use of Military Force Against Iraq
            Resolution (Public Law 102-1).

    SEC. 1097.\35\ ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND
                        ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND
                        CHEMICAL WEAPONS.

      (a) Report Required.--(1) The President shall submit to the
    Committee on Armed Services and the Committee on International
    Relations \36\ of the House of Representatives and the
    Committees on Armed Services and Foreign Relations of the
    Senate an annual report on the transfer by any country of
    weapons, technology, or materials that can be used to deliver,
    manufacture, or weaponize nuclear, biological, or chemical
    weapons (hereinafter in this section referred to as ``NBC
    weapons'') to any country other than a country referred to in
    subsection (d) that is seeking to acquire such weapons,
    technology, or materials, or other system that the Secretary of
    Defense has reason to believe could be used to deliver NBC
    weapons.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 2751 note. Executive Order 12851 of June 11, 1993
    (58 F.R. 33181) provided for the administration of proliferation
    sanctions, Middle East Arms Control, and related Congressional
    reporting requirements, including the following:
        ``Sec. 2. Missile Proliferation Sanctions. * * *
        ``(c) Reporting Requirements. The authority and duties vested in me
    to make certain reports to the Congress as provided in section 1097 of
    the National Defense Authorization Act for Fiscal Years 1992 and 1993
    and section 1364 of the National Defense Authorization Act for Fiscal
    Year 1993 are delegated to the Secretary of State.
        ``(d) Coordination Among Agencies. The Secretaries designated in
    this section shall exercise all functions delegated to them by this
    section in consultation with the Secretary of State, the Secretary of
    Defense, the Secretary of the Treasury, the Secretary of Commerce, the
    Director of the Arms Control and Disarmament Agency, and other
    departments and agencies as appropriate, utilizing the appropriate
    interagency groups prior to any determination to exercise prohibition
    authority delegated hereby.''.
        This Executive order superceded a memorandum of the President of
    June 25, 1991, delegating authority regarding missile technology
    proliferation (56 F.R. 31041; July 8, 1991).
        \36\ Sec. 1502(c)(3) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out ``the
    Committees on Armed Services and Foreign Affairs'' and inserted in lieu
    thereof ``the Committee on National Security and the Committee on
    International Relations''. Sec. 1067(9) of Public Law 106-65 (113 Stat.
    774) subsequently struck out ``Committee on National Security'' and
    inserted in lieu thereof ``Committee on Armed Services''.
        Sec. 1031(5) of Public Law 106-65 (113 Stat. 750) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
    ---------------------------------------------------------------------------
      (2) The first such report shall be submitted not later than
    90 days after the date of the enactment of this Act.
      (b) Matters To Be Covered.--Each such report shall cover--
              (1) the transfer of all aircraft, cruise missiles,
            artillery weapons, unguided rockets and multiple rocket
            systems, and related bombs, shells, warheads and other
            weaponization technology and materials that the
            Secretary has reason to believe may be intended for the
            delivery of NBC weapons;
              (2) international transfers of MTCR equipment or
            technology to any country that is seeking to acquire
            such equipment or any other system that the Secretary
            has reason to believe may be used to deliver NBC
            weapons; and
              (3) the transfer of technology, test equipment,
            radioactive materials, feedstocks and cultures, and all
            other specialized materials that the Secretary has
            reason to believe could be used to manufacture NBC
            weapons.
      (c) Content of Report.--Each such report shall include the
    following:
              (1) The status of missile, aircraft, and other
            weapons delivery and weaponization programs in any such
            country, including efforts by such country to acquire
            MTCR equipment, NBC-capable aircraft, or any other
            weapon or major weapon component which is dedicated to
            the delivery of NBC weapons, whose primary use is the
            delivery of NBC weapons, or that the Secretary has
            reason to believe could be used to deliver NBC weapons.
              (2) The status of NBC weapons development,
            manufacture, and deployment programs in any such
            country, including efforts to acquire essential test
            equipment, manufacturing equipment and technology,
            weaponization equipment and technology, and radioactive
            material, feedstocks or components of feedstocks, and
            biological cultures and toxins.
              (3) A description of assistance provided by any
            person or government, after the date of the enactment
            of this Act, to any such country in the development
            of--
                      (A) missile systems, as defined in the MTCR
                    or that the Secretary has reason to believe may
                    be used to deliver NBC weapons;
                      (B) aircraft and other delivery systems and
                    weapons that the Secretary has reason to
                    believe could be used to deliver NBC weapons;
                    and
                      (C) NBC weapons.
              (4) A listing of those persons and countries which
            continue to provide such equipment or technology
            described in paragraph (3) to any country as of the
            date of submission of the report.
              (5) A description of the diplomatic measures that the
            United States, and that other adherents to the MTCR and
            other agreements affecting the acquisition and delivery
            of NBC weapons, have made with respect to activities
            and private persons and governments suspected of
            violating the MTCR and such other agreements.
              (6) An analysis of the effectiveness of the
            regulatory and enforcement regimes of the United States
            and other countries that adhere to the MTCR and other
            agreements affecting the acquisition and delivery of
            NBC weapons in controlling the export of MTCR and other
            NBC weapons and delivery system equipment or
            technology.
              (7) A summary of advisory opinions issued under
            section 11B(b)(4) of the Export Administration Act of
            1979 (50 U.S.C. App. 2401b(b)(4)) and under section
            73(d) of the Arms Export Control Act (22 U.S.C.
            2797b(d)).
              (8) An explanation of United States policy regarding
            the transfer of MTCR equipment or technology to foreign
            missile programs, including programs involving launches
            of space vehicles.
      (d) Exclusions.--The countries excluded under subsection (a)
    are Australia, Belgium, Canada, Denmark, Germany, France,\37\
    Greece, Iceland, Israel, Italy, Japan, Luxembourg, the
    Netherlands, Norway, Portugal, Spain, Turkey, the United
    Kingdom, and the United States.
    ---------------------------------------------------------------------------
        \37\ Sec. 1504(d) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 514) struck out ``the
    Federal Republic of Germany, France'' and inserted in lieu thereof
    ``France, Germany''.
    ---------------------------------------------------------------------------
      (e) Classification of Report.--The President shall make every
    effort to submit all of the information required by this
    section in unclassified form. Whenever the President submits
    any such information in classified form, he shall submit such
    classified information in an addendum and shall also submit
    concurrently a detailed summary, in unclassified form, of that
    classified information.
      (f) Definitions.--For purposes of this section:
              (1) The terms ``missile'', ``MTCR'', and ``MTCR
            equipment or technology'' have the meanings given those
            terms in section 74 of the Arms Export Control Act (22
            U.S.C. 2797c).\38\
    ---------------------------------------------------------------------------
        \38\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
              (2) The term ``weaponize'' or ``weaponization'' means
            to incorporate into, or the incorporation into, usable
            ordnance or other militarily useful means of delivery.
      (g) Repeal of Superseded Law.--Section 1704 of the National
    Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
    510; 104 Stat. 1749; 22 U.S.C. 2797) is repealed.
              * * * * * * *

     TITLE XII--SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR OPERATION
                                  DESERT STORM

    SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS.

      (a) Applicability of Public Law 102-25 Authorizations to
    Fiscal Year 1992.--Sections 101 and 102(c) of Public Law 102-25
    (105 Stat. 78) are each amended by striking out ``fiscal year
    1991'' each place it appears and inserting in lieu thereof
    ``fiscal years 1991 and 1992''.
      (b) Limitation on Applicability of Notice-and-Wait
    Requirement.--The provisions of section 105 of Public Law 102-
    25 (105 Stat. 79) shall apply only to appropriations provided
    in Public Law 102-28 (105 Stat. 161).\39\
    ---------------------------------------------------------------------------
        \39\ See text of Public Law 102-28 at 105 Stat. 161.
    ---------------------------------------------------------------------------
      (c) Increased Limitation on Authority for Transfer of Fiscal
    Year 1992 Authorizations.--The amount of the transfer authority
    provided in section 1001 is increased by the amount of the
    transfers of funds made to fiscal year 1992 appropriations
    accounts pursuant to sections 101 and 102(c) of Public Law 102-
    25, as amended by subsection (a).
      (d) Technical Amendments.--* * *
              * * * * * * *

    SEC. 1203. DEFINITIONS.

      (a) Inclusion of Operation Provide Comfort.--Section 3(1) of
    Public Law 102-25 (105 Stat. 77) is amended by striking out
    ``Operation Desert Shield and Operation Desert Storm'' and
    inserting in lieu thereof ``Operation Desert Shield, Operation
    Desert Storm, and Operation Provide Comfort''.
      (b) Incremental Costs Associated With Operation Desert
    Storm.--In this title, the term ``incremental costs associated
    with Operation Desert Storm'' has the meaning given such term
    in section 3(2) of Public Law 102-25 (105 Stat. 77).

                DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

    SEC. 2001. SHORT TITLE.

      This division may be cited as the ``Military Construction
    Authorization Act for Fiscal Year 1992''.
              * * * * * * *

          TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

    SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

      The Secretary of Defense may make contributions for the North
    Atlantic Treaty Organization Infrastructure program as provided
    in section 2806 of title 10, United States Code, in an amount
    not to exceed the sum of the amount authorized to be
    appropriated for this purpose in section 2502 and the amount
    collected from the North Atlantic Treaty Organization as a
    result of construction previously financed by the United
    States.

    SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

      Funds are hereby authorized to be appropriated for fiscal
    years beginning after September 30, 1991, for contributions by
    the Secretary of Defense under section 2806 of title 10, United
    States Code, for the share of the United States of the cost of
    projects for the North Atlantic Treaty Organization
    Infrastructure program as authorized by section 2501, in the
    amount of $225,000,000.
              * * * * * * *

            TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

    SEC. 2701. EXPIRATION OF AUTHORIZATIONS.

      (a) Expiration of Authorizations After Three Years in Certain
    Cases.--Except as provided in subsection (b), all
    authorizations contained in titles XXI, XXII, XXIII, XXIV, XXV,
    and XXVI for military construction projects, land acquisition,
    family housing projects and facilities, and contributions to
    the North Atlantic Treaty Organization Infrastructure program
    (and authorizations of appropriations therefor) shall expire on
    the later of--
              (1) October 1, 1994; or
              (2) the date of the enactment of an Act authorizing
            funds for military construction for fiscal year 1995.
      (b) Exception.--Subsection (a) shall not apply with respect
    to authorizations for military construction projects, land
    acquisition, family housing projects and facilities, and
    contributions to the North Atlantic Treaty Organization
    Infrastructure program (and authorizations of appropriations
    therefor), for which appropriated funds have been obligated
    before the later of--
              (1) October 1, 1994; or
              (2) the date of the enactment of an Act authorizing
            funds for fiscal year 1995 for military construction
            projects, land acquisitions, family housing projects
            and facilities, or contributions to the North Atlantic
            Treaty Organization Infrastructure program.
              * * * * * * *

                        TITLE XXVIII--GENERAL PROVISIONS

              * * * * * * *

                  Part D--Prohibition on Certain Construction

    SEC. 2851. PROHIBITION ON CONSTRUCTION AT CROTONE, ITALY.

      None of the funds available to the Department of Defense,
    including contributions for the North Atlantic Treaty
    Organization Infrastructure program pursuant to section 2806 of
    title 10, United States Code, may be obligated in connection
    with relocating functions of the Department of Defense located
    at Torrejon Air Force Base, Madrid, Spain, on June 15, 1989, to
    Crotone, Italy.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                             Part C--Miscellaneous

              * * * * * * *

    SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS
                        AND TEST BAN READINESS PROGRAM.

      (a) Sense of Congress.--It is the sense of Congress that the
    United States and the Soviet Union share a special
    responsibility to resume the Nuclear Testing Talks to continue
    negotiations toward additional limitations on nuclear weapons
    testing.
      (b) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    report containing a proposed schedule for resumption of the
    Nuclear Testing Talks and identifying the goals to be pursued
    in those talks.
      (c) Nuclear Test Ban Readiness Program.--Of the funds
    appropriated to the Department of Energy for fiscal year 1992
    for weapons activities, $20,000,000 shall be available to
    conduct the nuclear test ban readiness program established
    pursuant to section 1436 of the National Defense Authorization
    Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121
    note).

    SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.

      (a) Findings.--The Congress makes the following findings:
              (1) On September 27, 1991, the President announced as
            part of a unilateral initiative designed to ``enhance
            stability and reduce the risk of nuclear war,'' that
            the United States should explore with the Soviet Union
            ``joint technical cooperation on the safe and
            environmentally responsible storage, transportation,
            dismantling, and destruction of nuclear weapons''.
              (2) On October 5, 1991, the President of the Soviet
            Union stated in response that ``We hereby stress
            readiness to embark on a specific dialogue with the
            United States on the elaboration of safe and
            ecologically responsible technologies for the storage
            and transportation of nuclear warheads and nuclear
            charges, and to design jointly measures to enhance
            nuclear safety''.
              (3) The President's initiative and the Soviet
            response hold out the prospect of enhancing stability
            and reducing the risk of nuclear war.
      (b) Congressional Endorsement.--Congress strongly endorses
    the initiative proposed by the President and the Soviet
    response and looks forward--
              (1) to hearing the proposed initiatives of the
            President during the congressional review of the
            President's proposed budget for fiscal year 1993; and
              (2) to helping facilitate such initiatives through
            appropriate legislative measures which are requested by
            the President.
      (c) Warhead Dismantlement.--Of the funds appropriated to the
    Department of Energy for fiscal year 1992 for weapons
    activities, $10,000,000 shall be available to conduct a program
    to develop and demonstrate a means for verifiable dismantlement
    of nuclear warheads.

    SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.

      (a) Report.--Not later than April 1, 1992, the President
    shall submit to the congressional defense committees a report
    containing the following:
              (1) Information on the national security requirements
            of each of the following items, for the period
            beginning on September 30, 1991, and ending on
            September 30, 2001:
                      (A) The planned stockpile of nuclear weapons.
                      (B) The amount of tritium necessary to
                    maintain the planned stockpile, including--
                              (i) the amount of tritium available
                            from inventory;
                              (ii) the amount of tritium that must
                            be produced and when; and
                              (iii) an assessment of the need for
                            and duration of operation of the K-
                            reactor, located at the Savannah River
                            Site in South Carolina.
                      (C) The feasibility and desirability of use
                    of W-76 warheads in place of W-88 warheads in
                    the Trident II missiles carried by Trident
                    Fleet Ballistic Missile submarines.
                      (D) The need for and duration of operation of
                    the Rocky Flats Plant facilities (other than
                    Building 559) located at Golden, Colorado, for
                    the purposes of--
                              (i) production of W-88 warheads; and
                              (ii) plutonium operations other than
                            warhead production.
                      (E) The earliest practicable date for the
                    commencement of operation of facilities that
                    replace the K-reactor and the Rocky Flats
                    Plant, including an assessment of the effect of
                    a delay (beyond the second quarter of fiscal
                    year 1992) in the selection of the site and the
                    technology for the new production reactor.
              (2) A plan for assistance to the workforce at Rocky
            Flats and the K-reactor, including retraining for new
            employment opportunities at the sites, that could be
            provided in the event that either facility ceases
            production.
      (b) Form of Report.--The report required by subsection (a)
    shall be submitted in classified and unclassified form.
              * * * * * * *

                    TITLE XXXV--PANAMA CANAL COMMISSION \40\

              * * * * * * *
    ---------------------------------------------------------------------------
        \40\ See Legislation on Foreign Relations Through 2005, vol. II.
           w. National Defense Authorization Act for Fiscal Year 1991

        Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485,
     approved November 5, 1990; amended by Public Law 102-25 [Persian Gulf
    Conflict Supplemental Authorization and Personnel Benefits Act of 1991;
       S. 725], 105 Stat. 75, approved April 6, 1991; Public Law 102-190
      [National Defense Authorization Act for Fiscal Years 1992 and 1993;
     H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
      484 [National Defense Authorization Act for Fiscal Year 1993; H.R.
     5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160
     [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401],
        107 Stat. 1547, approved November 30, 1993; Public Law 103-335
    [National Defense Authorization Act for Fiscal Year 1995; S. 2182], 108
      Stat. 2663, approved October 5, 1994; Public Law 104-106 [National
      Defense Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat.
     186, approved February 10, 1996; Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
       approved September 23, 1996; Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
    approved November 18, 1997; Public Law 105-261 [Strom Thurmond National
     Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat.
     1920, approved October 17, 1998; Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
        approved October 5, 1999; Public Law 107-107 [National Defense
       Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
       approved December 28, 2001; Public Law 108-136 [National Defense
      Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392,
                           approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 1991 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE

      This Act may be cited as the ``National Defense Authorization
    Act for Fiscal Year 1991''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

      (a) Divisions.--This Act is organized into four divisions as
    follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
              (4) Division D--Economic Adjustment, Diversification,
            Conversion, and Stabilization.
              * * * * * * *

    SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

      For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

                             Part E--Other Matters

    SEC. 241.\2\ BIOLOGICAL DEFENSE RESEARCH PROGRAM * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 241 added a new sec. 2370 to 10 U.S.C.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 248. ESTABLISHMENT OF DEPARTMENT OF DEFENSE TECHNOLOGY OFFICE IN
                        JAPAN

      (a) In General.--The Secretary of Defense shall establish an
    office of the Department of Defense in Japan to investigate,
    evaluate, and facilitate opportunities for cooperation between
    the United States and Japan for the development of technologies
    of interest to the Department of Defense.
      (b) Deadline.--The Secretary of Defense shall establish such
    office no later than September 30, 1991.

    SEC. 249. GRANT FOR STUDY AND ANALYSIS OF THE SOVIET UNION AND CERTAIN
                        OTHER COUNTRIES

      Of the amounts authorized to be appropriated pursuant to
    section 201, $600,000 shall be available for making a grant to
    one or more qualified nonprofit organizations for the support
    of research and analyses by emigrants from the Soviet Union,
    the countries of Eastern Europe (including Albania), and Cuba
    regarding political, economic, social, and other developments
    in those countries.

                      TITLE III--OPERATION AND MAINTENANCE

                    Part A--Authorization of Appropriations

              * * * * * * *

    SEC. 303. HUMANITARIAN ASSISTANCE

      (a) Purpose.--(1) Funds appropriated pursuant to the
    authorization in section 301(a)(17) \3\ for humanitarian
    assistance shall be used for the purpose of providing
    transportation for humanitarian relief for persons displaced or
    who are refugees because of the invasion of Afghanistan by the
    Soviet Union.
    ---------------------------------------------------------------------------
        \3\ Sec. 301(a)(17) authorized ``For Humanitarian Assistance,
    $13,000,000.''.
    ---------------------------------------------------------------------------
      (2) Of the funds authorized to be appropriated for fiscal
    year 1991 pursuant to such section for such purpose, not more
    than $3,000,000 shall be available for distribution of
    humanitarian relief supplies to displaced persons or refugees
    who are noncombatants, including those affiliated with the
    Cambodian nonCommunist resistance, at or near the border
    between Thailand and Cambodia.
      (b) Authority To Transfer Funds.--The Secretary of Defense
    may transfer to the Secretary of State not more than $3,000,000
    of the funds appropriated pursuant to such section for fiscal
    year 1991 for humanitarian assistance, other than the funds
    described in subsection (a)(2), to provide for--
              (1) the payment of administrative costs incurred in
            providing the transportation described in subsection
            (a); and
              (2) the purchase or other acquisition of
            transportation assets for the distribution of
            humanitarian relief supplies in the country of
            destination.
      (c) Transportation Under Direction of the Secretary of
    State.--Transportation for humanitarian relief provided with
    funds appropriated pursuant to such section for humanitarian
    assistance shall be provided under the direction of the
    Secretary of State.
      (d) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to such section for humanitarian assistance shall be provided
    by the most economical commercial or military means available,
    unless the Secretary of State determines that it is in the
    national interest of the United States to provide
    transportation other than by the most economical means
    available. The means used to provide such transportation may
    include the use of aircraft and personnel of the reserve
    components of the Armed Forces.
      (e) Availability of Funds.--Funds appropriated pursuant to
    such section for humanitarian assistance shall remain available
    until expended, to the extent provided in appropriation
    Acts.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 304(f)(5) of Public Law 102-190 (105 Stat. 1334) struck
    out subsec. (f).
    ---------------------------------------------------------------------------
              * * * * * * *

                        Part C--Changes to Existing Law

              * * * * * * *

    SEC. 330.\5\ OPERATION OF THE INTER-AMERICAN AIR FORCES ACADEMY * * *
    ---------------------------------------------------------------------------

        \5\ Sec. 330 added a new sec. 9415 to 10 U.S.C.
    ---------------------------------------------------------------------------
              * * * * * * *

                        Part D--Environmental Provisions

              * * * * * * *

    SEC. 342. REPORTING REQUIREMENTS ON ENVIRONMENTAL COMPLIANCE AT
                        OVERSEAS MILITARY INSTALLATIONS

      (a) Additional Information in Environmental Budget Report.--
    Paragraph (1) of section 2706(b) of title 10, United States
    Code, as amended by section 341, is amended by adding at the
    end the following new subparagraph: * * *
      (b) Policies and Report on Overseas Environmental
    Compliance.--(1) The Secretary of Defense shall develop a
    policy for determining applicable environmental requirements
    for military installations located outside the United States.
    In developing the policy, the Secretary shall ensure that the
    policy gives consideration to adequately protecting the health
    and safety of military and civilian personnel assigned to such
    installations.
      (2) The Secretary of Defense shall develop a policy for
    determining the responsibilities of the Department of Defense
    with respect to cleaning up environmental contamination that
    may be present at military installations located outside the
    United States. In developing the policy, the Secretary shall
    take into account applicable international agreements (such as
    Status of Forces agreements), multinational or joint use and
    operation of such installations, relative share of the
    collective defense burden, and negotiated accommodations.
      (3) The Secretary of Defense shall develop a policy and
    strategy to ensure adequate oversight of compliance with
    applicable environmental requirements and responsibilities of
    the Department of Defense determined under the policies
    developed under paragraphs (1) and (2). In developing the
    policy, the Secretary shall consider using the Inspector
    General of the Department of Defense to ensure active and
    forceful oversight.
      (4) At the same time the President submits to Congress his
    budget for fiscal year 1993 pursuant to section 1105 of title
    31, United States Code, the Secretary of Defense shall submit
    to Congress a report describing the policies developed under
    paragraphs (1), (2), and (3). The report also shall include a
    discussion of the role of the Inspector General of the
    Department of Defense in overseeing environmental compliance at
    military installations outside the United States.
      (5) For purposes of this subsection, the term ``military
    installation'' means a base, camp, post, station, yard, center,
    or other activity under the jurisdiction of the Secretary of a
    military department which is located outside the United States
    and outside any territory, commonwealth, or possession of the
    United States.
              * * * * * * *

                             Part E--Miscellaneous

              * * * * * * *

    SEC. 357. SENSE OF CONGRESS REGARDING THE TRANSFER TO EUROPE OF
                        MILITARY EQUIPMENT THAT WOULD THEN BE DESTROYED OR
                        REMOVED AS A RESULT OF AN ARMS CONTROL AGREEMENT

      (a) Findings.--Congress finds the following:
              (1) The Secretary of Defense has announced
            commencement of substantial withdrawals of United
            States military personnel from Europe in anticipation
            of concluding an agreement that will reduce
            conventional forces in Europe and in recognition of the
            reduced threat in Europe.
              (2) The anticipated arms control agreement on
            conventional forces in Europe will require destruction
            or demilitarization of certain military equipment in
            excess of limits specified in the agreement.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) funds appropriated for the Department of Defense
            should not be used to transfer to Europe any military
            equipment that would have to be destroyed as a result
            of the anticipated arms control agreement on
            conventional forces in Europe; and
              (2) the Department of Defense should make every
            effort to avoid transferring to Europe any military
            equipment that would, after only a short period of time
            in Europe, have to be returned to the United States as
            a result of further withdrawals of United States
            military personnel from Europe.
              * * * * * * *

                          Part F--Studies and Reports

              * * * * * * *

    SEC. 364. REPORT ON THE TRANSPORTATION OF CHEMICAL WEAPONS FROM THE
                        FEDERAL REPUBLIC OF GERMANY TO JOHNSTON ISLAND

      (a) Report Required.--The Secretary of the Army shall prepare
    a report analyzing the safety aspects of the project to remove
    and transport chemical weapons stored in the Federal Republic
    of Germany to Johnston Island, with special emphasis on
    measures undertaken to ensure safety during the actual
    transportation of the weapons.
      (b) Use of Report.--The report required by subsection (a)
    shall be used as part of each Phase I site specific
    environmental impact statement study of chemical weapons
    storage sites in the United States (including the Aberdeen
    Proving Ground, Maryland, and the Lexington-Blue Grass Army
    Depot, Kentucky) that is initiated on or after the date of the
    enactment of this Act. These Phase I studies are being used to
    assist in determining the validity of the programmatic on-site
    disposal decisions that have been made for those sites.
    Information from the report shall be incorporated in any Phase
    I assessment of transportation alternatives for those sites.
      (c) Submission of Report.--The report required by subsection
    (a) shall be submitted to Congress not later than 60 days after
    the date the transportation project referred to in that
    subsection is completed.

                  TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                             Part A--Active Forces

              * * * * * * *

    SEC. 406.\6\ REDUCTION IN THE AUTHORIZED END STRENGTH FOR THE NUMBER OF
                        MILITARY PERSONNEL IN EUROPE * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 406 amended sec. 1002 of the Department of Defense
    Authorization Act, 1985 (22 U.S.C. 1928 note), and repealed sec. 911 of
    the National Defense Authorization Act for Fiscal Years 1990 and 1991
    (Public Law 101-189; 103 Stat. 1523).
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
                                    MATTERS

                   Part A--Acquisition Management Improvement

              * * * * * * *

    SEC. 801.\7\ AUTHORITY GOVERNING OPERATION OF WORKING-CAPITAL FUNDED
                        ACTIVITIES * * *
    ---------------------------------------------------------------------------

        \7\ Sec. 801 amended 10 U.S.C. 2208(i); redesignated as 10 U.S.C.
    4543.
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT MATTERS

                       Part A--General Management Matters

    SEC. 901.\8\ NATIONAL MILITARY STRATEGY REPORTS
    ---------------------------------------------------------------------------

        \8\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
      (a) Reports by the Secretary of Defense.--(1) The Secretary
    of Defense shall submit to Congress a national military
    strategy report during each of fiscal years 1992, 1993, and
    1994. Each such report shall be submitted with the Secretary's
    annual report to Congress for that year under section 113(j) of
    title 10, United States Code.
      (b) Matters To Be Covered in Reports.--Each such report shall
    cover a period of at least ten years and shall address the
    following:
              (1) The threats facing the United States and its
            allies.
              (2) The degree to which military forces can
            contribute to the achievement of national objectives.
              (3) The strategic military plan for applying those
            forces to the achievement of national objectives.
              (4) The risk to the national security of the United
            States and its allies that ensues.
              (5) The organization and structure of military forces
            to implement the strategy.
              (6) The broad mission areas for various components of
            the forces and the broad support requirements to
            implement the strategy.
              (7) The functions for which each military department
            should organize, train, and equip forces for the
            combatant commands responsible for implementing the
            strategy.
              (8) The priorities assigned to major weapons and
            equipment acquisitions and to research and development
            programs in order to fill the needs and eliminate
            deficiencies of the combatant commands.
      (c) Relationship of Plans to Budget.--The strategic military
    plans and other matters covered by each report shall be
    fiscally constrained and shall relate to the current Department
    of Defense Multiyear Defense Plan and resource levels projected
    by the Secretary of Defense to be available over the period
    covered by the report.
      (d) Effects of Alternative Budget Levels.--Each such report
    shall also include an assessment of the effect on the risk and
    the other components of subsection (b) in the event that (1) an
    additional $50,000,000,000 is available in budget authority in
    the fiscal year which is addressed by the budget request that
    the report accompanies, and (2) budget authority for that
    fiscal year is reduced by $50,000,000,000. For these
    assessments the Secretary of Defense shall make appropriate
    assumptions about the funds available for the remainder of the
    period covered by the report.
      (e) Role of Chairman of Joint Chiefs of Staff.--In accordance
    with his role as principal military adviser to the Secretary of
    Defense, the Chairman of the Joint Chiefs of Staff shall
    participate fully in the development of each such report. The
    Secretary of Defense shall provide the Chairman such additional
    guidance as is necessary to enable the Chairman to develop and
    recommend fiscally constrained strategic plans for the
    Secretary's consideration in accordance with section 153(a)(2)
    of title 10, United States Code. In accordance with additional
    responsibilities of the Chairman set out in section 153, the
    Chairman shall provide recommendations to the Secretary on the
    other components of paragraph (2).
      (f) Classification of Reports.--The reports submitted to
    Congress under subsection (a) shall be submitted in both
    classified and (to the extent practicable) unclassified
    versions.
              * * * * * * *

    SEC. 909. STUDY AND PLAN REGARDING MOBILITY REQUIREMENTS

      (a) Study and Plan Required.--The Secretary of Defense, with
    the advice and assistance of the Chairman of the Joint Chiefs
    of Staff, shall conduct a study to determine mobility
    requirements for the Armed Forces and shall develop an
    integrated plan to meet those requirements.
      (b) Reports Required.--(1) The Secretary shall submit to the
    congressional defense committees two reports regarding the
    study required by subsection (a).
      (2) The first report shall cover intertheater requirements,
    shall contain a copy of the integrated plan regarding such
    requirements, and shall be submitted not later than March 29,
    1991.
      (3) The second report shall cover intratheater requirements,
    surface requirements, and requirements for mobility within the
    continental United States, shall contain a copy of the
    integrated plan regarding such requirements, and shall be
    submitted not later than June 28, 1991.
      (c) Format and Content of Reports.--(1) Each report shall be
    in the same format as the report submitted to Congress under
    section 203(b) of the Department of Defense Authorization Act,
    1981 (Public Law 96-342; 94 Stat. 1080), and shall cover (in
    addition to the matters specified in paragraphs (2) and (3))
    the same matters required under such section and the Joint
    Explanatory Statement of the Committee of Conference relating
    to such Act, as set out in Senate Report 96-895, 96th Congress,
    second session.
      (2) The two reports together shall include an analysis of the
    total mix of airlift, sealift, amphibious lift, surface
    transportation, and prepositioned war material (both at sea and
    on land) necessary for the United States to respond to
    contingent threats against the national security interests of
    the United States during the remainder of the current decade
    and beyond. The analysis of prepositioned war material should
    identify where such material should be located. The analysis
    may not be limited to consideration of a single requirement for
    lift and material based upon the most demanding case, but shall
    include an assessment of a range of requirements for lift and
    material based upon various military contingencies and
    scenarios. The Operation Just Cause and Operation Desert Shield
    deployments shall be included among the scenarios examined. The
    analysis shall also include--
              (A) an assessment of both intratheater and
            intertheater lift requirements; and
              (B) an assessment of the total requirements for
            mobility, including support equipment and the equipment
            necessary for strategic mobility at unimproved ports,
            airfields, and other facilities.
      (3) The two reports together shall also include the
    following:
              (A) An assessment of how the total mix of mobility
            and prepositioning requirements has been affected by
            changing circumstances in Europe and elsewhere,
            including--
                      (i) an increase in the opportunities to
                    detect any planned attack by the Soviet Union;
                      (ii) an increase in the time likely to be
                    available to prepare for such an attack after
                    detection;
                      (iii) a reduced level of Soviet threat to the
                    national security interests of the United
                    States;
                      (iv) the decreasing level of Armed Forces
                    personnel deployed overseas;
                      (v) the changing threat in Northeast Asia;
                    and
                      (vi) the changing threat in Southwest Asia.
              (B) An assessment of how such requirements are being
            affected by the changing need for power projection
            capability in low-intensity and medium-intensity
            conflicts.
              (C) An assessment of how such requirements would be
            affected by the loss of United States military bases,
            and the loss of access to other military bases, in such
            overseas locations as the Philippines.
              (D) An assessment of how the reduced reliance
            expected to be placed by the Armed Forces on NATO and
            other allied shipping and military bases for employment
            of the Armed Forces unilaterally in contingent actions
            affects the requirements for airlift, sealift,
            amphibious lift, and prepositioned war material.
              (E) An assessment of whether increased dependence
            should be placed upon sealift capabilities in view of
            the factors assessed pursuant to subparagraphs (A)
            through (D) and the potential benefits of sealift
            vessels which might be developed that would be faster
            than the sealift vessels currently available from
            commercial sources.
              (F) A discussion of initiatives that can be
            undertaken to reduce the time required to move forces
            and material from home bases to combat areas, including
            measures that can be undertaken to reduce (i) the time
            necessary for loading and unloading personnel and
            equipment at airports and seaports, (ii) the time
            necessary for moving ground forces to airports and
            seaports, and (iii) the delivery times from points of
            debarkation to final destinations.
              * * * * * * *

             TITLE X--DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

    SEC. 1001. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES FUNDING

      Funds authorized to be appropriated pursuant to section
    301(a)(14) for drug interdiction and counter-drug activities of
    the Department of Defense shall be available for the purposes
    and in the amounts specified as follows:
              (1) For operation and maintenance, $585,600,000.
              (2) For procurement, $345,300,000.
              (3) For National Guard pay and allowances,
            $105,500,000.
              (4) For research, development, test, and evaluation,
            $47,700,000.

    SEC. 1002. OVER-THE-HORIZON RADAR

      (a) Study.--(1) The Secretary of Defense, acting through the
    Joint Electronics Warfare Center, shall conduct a study to
    examine the need for an over-the-horizon radar in the central
    part of the United States directed toward Mexico.
      (2) In carrying out such study, the Secretary shall assess--
              (A) the capability of the over-the-horizon radar
            against small targets, including single engine aircraft
            of the type used in drug trafficking;
              (B) the ability of the over-the-horizon radar to
            correlate such targets with existing civilian air
            traffic; and
              (C) the relative cost and operational effectiveness
            of an over-the-horizon radar compared with continued
            investment in other types of radars, such as the Small
            Aerostat System, land based aerostats, and the
            Caribbean based radar system.
      (3) The Secretary shall submit the results of the study
    required by paragraph (1) to the congressional defense
    committees not later than 180 days after the date of the
    enactment of this Act.
      (4) Of the amount made available for procurement under
    section 1001(2), $3,000,000 shall be available to carry out the
    study required by paragraph (1).
      (b) Testbed Facility.--Of the amount made available for
    procurement under section 1001(2) for the over-the-horizon
    radar, $6,000,000 shall be used for the procurement of a
    commercial testbed facility for the over-the-horizon radar to
    serve as an interim facility until the study required by
    subsection (a) is completed and the need for an over-the-
    horizon radar for drug interdiction is determined.
      (c) Limitation on Other Spending.--The balance of other funds
    made available for procurement under section 1001(2) for the
    over-the-horizon radar may not be obligated until 30 days
    after--
              (1) the Secretary of Defense certifies to Congress,
            after conclusion of the study required by subsection
            (a), that such a system is needed, meets the
            requirements of the drug interdiction program, and
            would be the most cost effective system when compared
            with the cost of additional investment in other radar
            systems or other intelligence programs; and
              (2) in the event the Over-The-Horizon Backscatter
            radar (OTH-B) is determined to be the most suitable
            over-the-horizon radar system, the Office of Test and
            Evaluation certifies to Congress that the East Coast
            System of the OTH-B meets all contract requirements and
            performance specifications contained in the Test and
            Evaluation Master Plan and the Operation Test Plan for
            that system.

    SEC. 1003. CIVIL AIR PATROL

      Of the amount made available for operation and maintenance
    under section 1001(1), $1,000,000 shall be available to the
    Secretary of Defense for the purpose of paying expenses
    incurred by the Civil Air Patrol in conducting drug
    surveillance flights.

    SEC. 1004.\9\ ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES

        (a) Support to Other Agencies.--During fiscal years 2002
    through 2006, the Secretary of Defense may provide support for
    the counter-drug activities of any other department or agency
    of the Federal Government or of any State, local, or foreign
    law enforcement agency for any of the purposes set forth in
    subsection (b) if such support is requested--
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 374 note. Sec. 1021 of Public Law 107-107 (115 Stat.
    1212) amended and restated sec. 1004. Prior to this restatement, the
    authority of the original text was extended through FY 1994 by sec.
    1041(a) of Public Law 102-484 (106 Stat. 2491). Sec. 1121(a) of the
    National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1754) extended the authority through FY 1995. Sec.
    1011(a) of the National Defense Authorization Act for Fiscal Year 1995
    (Public Law 103-337; 108 Stat. 2836) extended the authority through
    1999. Sec. 1021(a) of the Strom Thurmond National Defense Authorization
    Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2120) extended
    the authority through 2002.
    ---------------------------------------------------------------------------
              (1) by the official who has responsibility for the
            counter-drug activities of the department or agency of
            the Federal Government, in the case of support for
            other departments or agencies of the Federal
            Government;
              (2) by the appropriate official of a State or local
            government, in the case of support for State or local
            law enforcement agencies; or
              (3) by an appropriate official of a department or
            agency of the Federal Government that has counter-drug
            responsibilities, in the case of support for foreign
            law enforcement agencies.
        (b) Types of Support.--The purposes for which the Secretary
    of Defense may provide support under subsection (a) are the
    following:
              (1) The maintenance and repair of equipment that has
            been made available to any department or agency of the
            Federal Government or to any State or local government
            by the Department of Defense for the purposes of--
                      (A) preserving the potential future utility
                    of such equipment for the Department of
                    Defense; and
                      (B) upgrading such equipment to ensure
                    compatibility of that equipment with other
                    equipment used by the Department of Defense.
              (2) The maintenance, repair, or upgrading of
            equipment (including computer software), other than
            equipment referred to in paragraph (1) for the purpose
            of--
                      (A) ensuring that the equipment being
                    maintained or repaired is compatible with
                    equipment used by the Department of Defense;
                    and
                      (B) upgrading such equipment to ensure the
                    compatibility of that equipment with equipment
                    used by the Department of Defense.
              (3) The transportation of personnel of the United
            States and foreign countries (including per diem
            expenses associated with such transportation), and the
            transportation of supplies and equipment, for the
            purpose of facilitating counter-drug activities within
            or outside the United States.
              (4) The establishment (including an unspecified minor
            military construction project) and operation of bases
            of operations or training facilities for the purpose of
            facilitating counter-drug activities of the Department
            of Defense or any Federal, State, or local law
            enforcement agency within or outside the United States
            or counter-drug activities of a foreign law enforcement
            agency outside the United States.
              (5) Counter-drug related training of law enforcement
            personnel of the Federal Government, of State and local
            governments, and of foreign countries, including
            associated support expenses for trainees and the
            provision of materials necessary to carry out such
            training.
              (6) The detection, monitoring, and communication of
            the movement of--
                      (A) air and sea traffic within 25 miles of
                    and outside the geographic boundaries of the
                    United States; and
                      (B) surface traffic outside the geographic
                    boundary of the United States and within the
                    United States not to exceed 25 miles of the
                    boundary if the initial detection occurred
                    outside of the boundary.
              (7) Construction of roads and fences and installation
            of lighting to block drug smuggling corridors across
            international boundaries of the United States.
              (8) Establishment of command, control,
            communications, and computer networks for improved
            integration of law enforcement, active military, and
            National Guard activities.
              (9) The provision of linguist and intelligence
            analysis services.
              (10) Aerial and ground reconnaissance.
        (c) Limitation on Counter-Drug Requirements.--The Secretary
    of Defense may not limit the requirements for which support may
    be provided under subsection (a) only to critical, emergent, or
    unanticipated requirements.
        (d) Contract Authority.--In carrying out subsection (a),
    the Secretary of Defense may acquire services or equipment by
    contract for support provided under that subsection if the
    Department of Defense would normally acquire such services or
    equipment by contract for the purpose of conducting a similar
    activity for the Department of Defense.
        (e) Limited Waiver of Prohibition.--Notwithstanding section
    376 of title 10, United States Code, the Secretary of Defense
    may provide support pursuant to subsection (a) in any case in
    which the Secretary determines that the provision of such
    support would adversely affect the military preparedness of the
    United States in the short term if the Secretary determines
    that the importance of providing such support outweighs such
    short-term adverse effect.
        (f) Conduct of Training or Operation To Aid Civilian
    Agencies.--In providing support pursuant to subsection (a), the
    Secretary of Defense may plan and execute otherwise valid
    military training or operations (including training exercises
    undertaken pursuant to section 1206(a) of the National Defense
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law
    101-189; 103 Stat. 1564)) for the purpose of aiding civilian
    law enforcement agencies.
        (g) Relationship to Other Laws.--(1) The authority provided
    in this section for the support of counter-drug activities by
    the Department of Defense is in addition to, and except as
    provided in paragraph (2), not subject to the requirements of
    chapter 18 of title 10, United States Code.
        (2) Support under this section shall be subject to the
    provisions of section 375 and, except as provided in subsection
    (e), section 376 of title 10, United States Code.
        (h) Congressional Notification of Facilities Projects.--(1)
    When a decision is made to carry out a military construction
    project described in paragraph (2), the Secretary of Defense
    shall submit to the congressional defense committees written
    notice of the decision, including the justification for the
    project and the estimated cost of the project. The project may
    be commenced only after the end of the 21-day period beginning
    on the date on which the written notice is received by
    Congress.
        (2) Paragraph (1) applies to an unspecified minor military
    construction project that--
              (A) is intended for the modification or repair of a
            Department of Defense facility for the purpose set
            forth in subsection (b)(4); and
              (B) has an estimated cost of more than $500,000.

    SEC. 1005. TRANSFER OF EXCESS DEFENSE ARTICLES

      Pursuant to sections 372 and 2576a \10\ of title 10, United
    States Code, the Secretary of Defense shall review the
    availability of equipment resulting from the withdrawal of
    United States forces from Europe and Asia for the purpose of
    identifying excess equipment that may be suitable for drug
    enforcement activities for transfer to appropriate Federal,
    State, or local civilian law enforcement authorities.
    ---------------------------------------------------------------------------
        \10\ Sec. 1033(b)(2) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) struck out
    ``section 1208 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (10 U.S.C. 372 note) and section 372'' and inserted
    in lieu thereof ``sections 372 and 2576a''.
    ---------------------------------------------------------------------------

    SEC. 1006. SENSE OF CONGRESS REGARDING THE EFFECTIVE USE OF COUNTER-
                        DRUG FUNDS

      It is the sense of Congress that the Secretary of Defense and
    the Chairman of the Joint Chiefs of Staff should continue to
    emphasize the commitment of the Department of Defense to its
    extremely important mission of combating illegal drugs so that
    the entire chain of command of the Department of Defense fully
    and effectively uses funds of the Department to ensure the
    maximum contribution of the Armed Forces to the national
    counter-drug effort.

    SEC. 1007. REPORT ON DEFENSE SPENDING FOR COUNTER-DRUG ACTIVITIES

      (a) Report Required.--Not later than six months after the
    date of the enactment of this Act, the Comptroller General of
    the United States shall submit to the congressional defense
    committees, the Senate Caucus on International Narcotics
    Control, and the Select Committee on Narcotics Abuse and
    Control of the House of Representatives a report examining the
    counter-drug budget and expenditures of the Department of
    Defense.
      (b) Contents.--The report required by subsection (a) shall
    include the following:
              (1) An analysis of the funds authorized and
            appropriated in fiscal years 1989 and 1990 for the
            counter-drug activities of the Department of Defense,
            including--
                      (A) an examination of how those funds were
                    obligated and expended, including a month-by-
                    month breakdown of obligations and
                    expenditures;
                      (B) a determination of whether there were
                    delays in obligating and expending those funds
                    and the reasons for any such delays; and
                      (C) an accounting of the amount of funds
                    available for counter-drug activities that
                    lapsed at the end of each of the fiscal years.
              (2) A determination of whether there has been a
            systemic failure in the timely obligation and
            expenditure of funds appropriated for the counter-drug
            activities of the Department of Defense for fiscal
            years 1989 and 1990.
              (3) An analysis of the effectiveness of the role of
            the Department of Defense Coordinator for Drug
            Enforcement Policy and Support, including--
                      (A) a determination whether the
                    responsibility of serving as both the Assistant
                    Secretary of Defense for Reserve Affairs and
                    Coordinator for Drug Enforcement Policy and
                    Support complicates the ability of the
                    Assistant Secretary to coordinate all entities
                    within the Department of Defense in the
                    counter-drug mission; and
                      (B) a determination regarding the adequacy of
                    personnel levels in the Office of the Assistant
                    Secretary to meet his responsibility for
                    coordinating counter-drug activities within the
                    Department of Defense and ensuring that funds
                    appropriated for such activities are obligated
                    and expended in a timely manner.
              (4) Recommendations for correcting any problems found
            in the course of the review.

    SEC. 1008. STUDY OF UTILITY OF OH-58D HELICOPTER IN DETECTION OF CROSS-
                        BORDER INTRUSIONS BY DRUG SMUGGLERS

      (a) Study Required.--The Secretary of Defense shall conduct a
    study on the feasibility and effectiveness of using the OH-58D
    Scout helicopters for detecting, monitoring, and conducting
    surveillance of the ground movements of drug smugglers along
    the southwest border of the United States. In carrying out such
    study, the Secretary shall consider in particular the following
    matters:
              (1) The suitability of the OH-58D helicopter for
            performing the missions described in the first
            sentence.
              (2) The feasibility of having personnel of the Army
            National Guard operate and maintain OH-58D helicopters
            when such personnel are not in Federal service.
      (b) Interagency Coordination.--The Secretary shall carry out
    the study required by subsection (a) in consultation with the
    Commissioner of the United States Customs Service.
      (c) Submission of Report.--The Secretary shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives \11\ a report containing the results of the
    study required by subsection (a) not more than 180 days after
    the date of the enactment of this Act. The Secretary shall
    include in the report the conclusions of the Secretary based on
    the study together with such comments and recommendation as the
    Secretary considers appropriate.
    ---------------------------------------------------------------------------
        \11\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------

    SEC. 1009. ANDEAN ANTI-DRUG EFFORTS

      (a) Findings.--Congress makes the following findings:
              (1) The support for democratic process and civilian
            governance in the Andean countries of Peru, Bolivia,
            and Colombia, the first two of which have only recently
            emerged from periods of military rule, is a necessary
            precondition for long-term stability in those countries
            and for the successful fight against the production and
            traffic of illegal drugs in those countries.
              (2) The separation of military and civilian law
            enforcement functions has historically been a critical
            element in democracies around the world, including the
            United States.
              (3) There is a need to determine whether the current
            policies of the United States unduly emphasize
            assistance to military entities of those countries
            rather than civilian law enforcement entities in
            carrying out anti-drug efforts in those countries and
            whether such policies might tend to undermine the dual
            long-term policy goals of the United States of stopping
            the traffic of drugs at their sources and the
            preservation of civilian control over the newly
            established democracies of the Andean countries.
              (4) There is a need to assess the impact that United
            States assistance in the Andean anti-drug effort will
            have on reducing drug activity and supporting
            democratic processes in the Andean countries.
      (b) Report Required.--(1) Not later than 90 days after the
    date of the enactment of this Act, the Secretary of State and
    the Secretary of Defense shall, in consultation with the
    Director of the Office of National Drug Control Policy, jointly
    submit to Congress a report detailing current United States
    policies with respect to the Andean countries in general and
    with respect to the counter-drug enforcement activities and
    associated training programs of the United States in such
    countries in particular.
      (2) Such report shall include an analysis of the impact that
    the involvement of the military forces of the Andean countries
    in counter-drug enforcement activities has on the democratic
    institutions of those countries and how the civilian
    institutions of those countries might be strengthened in order
    to assure the successful pursuit of a counter-drug strategy.
      (3) Such report shall contain specific legislative
    recommendations for improving the assistance activities of the
    United States in the Andean countries in order to avoid
    unnecessary duplications and contradictions in meeting United
    States policy goals in those countries.

    SEC. 1010. CREATION OF A MULTILATERAL COUNTER-DRUG STRIKE FORCE

      (a) Findings.--Congress makes the following findings:
              (1) Congress has in the past sought approval for a
            multilateral strike force dedicated to the war on
            drugs.
              (2) The proposal by the Prime Minister of Jamaica for
            the creation of a multilateral, international counter-
            drug strike force is the first operative proposal for
            the use of a multilateral force against the drug
            cartels in Latin America by a government leader in the
            Western Hemisphere and should be given serious
            consideration.
      (b) Sense of the Congress.--It is the sense of Congress
    that--
              (1) the Prime Minister of Jamaica is to be commended
            for his proposal;
              (2) the President should call for international
            negotiations for the purpose of discussing the
            establishment of an international strike force to
            counter international drug traffickers; and
              (3) the United States should work through the United
            Nations and other multilateral organizations to
            determine the feasibility of establishing and using a
            force and should assist in the establishment of such a
            force if the President determines the proposal to be
            feasible.

    SEC. 1011.\12\ COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER * * *
    ---------------------------------------------------------------------------

        \12\ Sec. 1011 added a new sec. 1003A to title I of the Anti-Drug
    Abuse Act of 1988 (21 U.S.C. 1501 et seq.).
    ---------------------------------------------------------------------------

                     TITLE XI--OPERATION DESERT SHIELD \13\

              * * * * * * *
    ---------------------------------------------------------------------------
        \13\ Title XI authorized appropriations and transfers made by
    Public Law 101-403 for Operation Desert Shield, and addressed military
    personnel and procurement matters arising from Operation Desert Shield.
    See legislation relating to Iraq beginning at page 6.
    ---------------------------------------------------------------------------

                         TITLE XIV--GENERAL PROVISIONS

                      Part A--Financial and Budget Matters

              * * * * * * *

    SEC. 1405.\14\ CONTROLS ON THE AVAILABILITY OF APPROPRIATION ACCOUNTS
    ---------------------------------------------------------------------------

        \14\ The President determined ``* * * it to be in furtherance of
    the purposes of the [Foreign Assistance] Act [of 1961] that the
    functions authorized by the Act be performed without regard to section
    1405 of the National Defense Authorization Act for Fiscal Year 1991
    (Public Law 101-510), and amendments contained therein.''.
        Furthermore, ``[t]his determination shall apply only to funds
    appropriated to carry out the provisions of the Act that were
    appropriated for fiscal year 1984 and for prior fiscal years, and shall
    suspend the application of the provisions of section 1405 of the
    National Defense Authorization Act for Fiscal Year 1991, and amendments
    contained therein, through September 30, 1992.'' (Presidential
    Determination 91-21 of February 27, 1991; 56 F.R. 10771).
    ---------------------------------------------------------------------------
      (a) \15\ Procedures for Closing Appropriation Accounts.--(1)
    Subchapter IV of chapter 15 of title 31, United States Code,
    (other than section 1558), is amended to read as follows: * * *
    ---------------------------------------------------------------------------
        \15\ See 31 U.S.C. 1551 through 1557, relating to DOD accounts.
    ---------------------------------------------------------------------------
      (b) \16\ Transition.--* * *
    ---------------------------------------------------------------------------
        \16\ 31 U.S.C. 1551 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                      Part C--Guard and Reserve Initiative

              * * * * * * *

    SEC. 1432. FINDINGS AND SENSE OF CONGRESS REGARDING THE IMPORTANCE OF
                        THE READY RESERVE

      (a) Findings.--The Congress finds that--
              (1) as a result of the recent dramatic changes in
            Eastern Europe and the Soviet Union, the active
            military forces of the United States will be
            significantly reduced; and
              (2) as a consequence of that reduction it will be
            necessary to rely increasingly, in the event of a
            threat to the national security, on the immediate
            availability of trained personnel of the Ready Reserve
            of the reserve components of the Armed Forces.
      (b) Sense of Congress.--In light of the finding in subsection
    (a), it is the sense of Congress that--
              (1) the Secretary of Defense should take appropriate
            action to ensure that members of the Ready Reserve are
            made fully aware of their continuing obligation for
            immediate service in the active military forces in the
            event of a war or national emergency;
              (2) the Secretary should use the annual muster
            provided for under section 687 of title 10, United
            States Code, as a means of alerting such personnel to
            that obligation; and
              (3) the Secretary should ensure that adequate funds
            are made available, out of funds appropriated for the
            reserve components, to carry out the annual muster of
            such personnel.
              * * * * * * *

    SEC. 1434. SENSE OF CONGRESS CONCERNING UNITED STATES ARMORED FORCES

      (a) Findings.--Congress makes the following findings:
              (1) Dramatic political and military changes have
            occurred recently in Eastern Europe.
              (2) The Warsaw Pact is no longer a credible military
            threat to the North Atlantic Treaty Organization
            (NATO).
              (3) It appears that the heavy armored armies of both
            NATO and the Warsaw Pact will be substantially reduced
            as the result of arms control agreements or unilateral
            actions.
              (4) There is a continued need for armor forces and
            many countries possess large inventories of modern
            tanks.
              (5) The Soviet Union will still produce 1,400 new
            tanks in 1990.
              (6) With significantly increased warning times of
            enemy attack, greater reliance will be placed on United
            States reserve component forces for armored heavy force
            reinforcement missions.
              (7) There is a need to enhance the capabilities of
            armored forces of the reserve components to assume
            increased responsibilities for armored heavy force
            reinforcement missions.
      (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of the Congress that--
              (1) the Army should take timely and necessary steps
            to enhance the capabilities of armored forces of the
            reserve components;
              (2) the United States Army Armor Center should
            continue as the center for training, education,
            doctrine, and combat development for the armored forces
            of the United States, both active and reserve; and
              (3) the United States Army Armor Center should ensure
            that the armored forces of the reserve components are
            adequately prepared to accept the increased role in
            armored heavy force reinforcement missions that will be
            assigned to them.
              * * * * * * *

                       Part D--Arms Control Matters \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

              Part E--Matters Relating to Allies and Other Nations

    SEC. 1451.\18\ RECIPROCAL LOGISTICAL SUPPORT * * *

    SEC. 1452.\19\ DEPARTMENT OF DEFENSE OMBUDSMAN FOR FOREIGN SIGNATORIES
                        OF INTER-GOVERNMENTAL MEMORANDUMS OF AGREEMENT
                        CONCERNING ACQUISITION MATTERS * * *

    SEC. 1453.\20\ EXPANSION OF SCOPE OF REQUIREMENTS RELATING TO DEFENSE
                        MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS *
                        * *

    SEC. 1454. COOPERATION WITH JAPAN ON TECHNOLOGICAL RESEARCH AND
                        DEVELOPMENT

      (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \18\ Sec. 1451(a) amended sec. 2342(a) of title 10, United States
    Code, relating to cross-servicing agreements. Subsec. (b) added a new
    sec. 2350g to 10 U.S.C., relating to mutual defense agreements and
    occupational arrangements. Subsec. (c) made conforming amendments to
    earlier Defense appropriations.
        \19\ Sec. 1452 added a new 10 U.S.C. 2350h, relating to memorandums
    of agreement and DOD ombudsman for foreign signatories.
        \20\ Sec. 1453 amended sec. 2504(a) of title 10 U.S.C.,
    redesignated as 10 U.S.C. 2531.
    ---------------------------------------------------------------------------
              (1) Japan has developed highly sophisticated research
            and manufacturing capabilities.
              (2) Those capabilities have produced technologies
            that can be usefully applied to the development and
            manufacture of both commercial products and defense
            equipment.
              (3) The availability of those technologies to the
            United States would greatly enhance the development and
            manufacture of defense equipment for the Armed Forces
            of the United States.
              (4) Since the exchange of notes between the United
            States and Japan on the transfer of Japanese military
            technologies in 1983, the level and quality of
            technological cooperation between the two countries
            have been unsatisfactory.
              (5) Effective cooperation in technology research and
            development between the United States and Japan would
            enhance the security of both countries.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the United States and Japan should strengthen
            their cooperation with regard to technology that would
            contribute to the security of both countries;
              (2) technological cooperation between the two
            countries should be based upon an equitable and mutual
            sharing of the costs and benefits of that cooperation;
            and
              (3) the Secretary of Defense should improve the
            staffing, funding, and organization of those activities
            within the Department of Defense responsible for
            implementing and overseeing technological cooperation
            with Japan.
      (c) Cooperation on Research and Development.--In light of the
    expressions in subsections (a) and (b), Congress urges and
    requests the President and directs the Secretary of Defense to
    pursue vigorously opportunities for the United States and Japan
    to cooperate in the development of technologies that benefit
    the security of both countries, particularly those technologies
    that have both commercial and military applications, commonly
    referred to as ``dual-use'' technologies.
      (d) Cooperative Research and Development Projects.--(1)
    Subject to paragraphs (2) and (3), of the funds authorized to
    be appropriated pursuant to section 201 for basic research,
    exploratory development, and advanced technology, $10,000,000
    shall be available for research and development projects
    conducted jointly by the United States and Japan, pursuant to a
    memorandum of understanding or other formal agreement, for the
    purpose of--
              (A) developing new conventional defense equipment; or
              (B) modifying existing defense equipment to meet
            United States defense requirements.
      (2)(A) Funds made available for research and development
    projects under paragraph (1) may be obligated and expended for
    a particular research project only if the Secretary of Defense
    determines that--
              (i) the particular project will improve, through the
            application of emerging technology, the conventional
            defense capabilities of the United States and Japan;
            and
              (ii) the applicable memorandum of understanding or
            other formal agreement provides for the sharing of
            costs on an equitable basis.
      (B) The Secretary may delegate the performance of the
    responsibility to make determinations under subparagraph (A)
    only to the Deputy Secretary of Defense or the Under Secretary
    of Defense for Acquisition.
      (3) None of the funds made available for research and
    development projects under paragraph (1) may be used for
    research and development under the Strategic Defense
    Initiative.
      (e) Staffing.--The Secretary of Defense is urged to increase
    the number of personnel assigned to the Office of the Deputy
    Under Secretary of Defense (International Programs) for the
    specific purpose of providing oversight of the joint research
    and development projects of the United States and Japan for
    which funds are made available under subsection (d).

    SEC. 1455.\21\ PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN
                        AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED
                        STATES FORCES IN JAPAN

      (a) \22\ Purpose.--It is the purpose of this section to
    require Japan to offset the direct costs (other than pay and
    allowances for United States military and civilian personnel)
    incurred by the United States related to the presence of United
    States military personnel in Japan.
    ---------------------------------------------------------------------------
        \21\ 10 U.S.C. 113 note.
        \22\ Sec. 8105 of the Department of Defense Appropriations Act,
    1991 (Public Law 101-511; 104 Stat. 1902), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 8105. contributions by japan to the support of united states forces
    in japan.--
    ---------------------------------------------------------------------------

        ``(a) Permanent Ceiling on United States Armed Forces in Japan.--
    After September 30, 1990, funds appropriated pursuant to an
    appropriation contained in this Act or any subsequent Act may not be
    used to support an end strength level of all personnel of the Armed
    Forces of the United States stationed in Japan at any level in excess
    of 50,000.
        ``(b) Annual Reduction in Ceiling Unless Support Furnished.--Unless
    the President certifies to Congress before the end of each fiscal year
    that Japan has agreed to offset for that fiscal year the direct costs
    incurred by the United States related to the presence of all United
    States military personnel in Japan, excluding the military personnel
    title costs, the end strength level for that fiscal year of all
    personnel of the Armed Forces of the United States stationed in Japan
    may not exceed the number that is 5,000 less than such end strength
    level for the preceding fiscal year.
        ``(c) Sense of Congress.--It is the sense of Congress that all
    those countries that share the benefits of international security and
    stability should share in the responsibility for that stability and
    security commensurate with their national capabilities. The Congress
    also recognizes that Japan has made a substantial pledge of financial
    support to the effort to support the United Nations Security Council
    resolutions on Iraq. The Congress also recognizes that Japan has a
    greater economic capability to contribute to international security and
    stability than any other member of the international community and
    wishes to encourage Japan to contribute commensurate with that
    capability.
        ``(d) Exceptions.--(1) This section shall not apply in the event of
    a declaration of war or an armed attack on Japan.
        ``(2) The President may waive the limitation in this section for
    any fiscal year if he declares that it is in the national interest to
    do so and immediately informs Congress of the waiver and the reasons
    for the waiver.
        ``(e) Effective Date.--This section shall take effect on the date
    of enactment of this Act.''.
    ---------------------------------------------------------------------------
      (b) Permanent Ceiling on United States Armed Forces in
    Japan.--Funds appropriated pursuant to an authorization
    contained in this Act or any subsequent Act may not be used to
    support an end strength level of all personnel of the Armed
    Forces of the United States stationed in Japan at any level in
    excess of 50,000.
      (c) Sense of Congress on Allied Burden Sharing.--(1) Congress
    recognizes that Japan has made a substantial pledge of
    financial support to the effort to support the United Nations
    Security Council resolutions on Iraq.
      (2) It is the sense of Congress that--
              (A) all countries that share the benefits of
            international security and stability should,
            commensurate with their national capabilities, share in
            the responsibility for maintaining that security and
            stability; and
              (B) given the economic capability of Japan to
            contribute to international security and stability,
            Japan should make contributions commensurate with that
            capability.
      (d) Negotiations.--At the earliest possible date after the
    date of the enactment of this Act, the President shall enter
    into negotiations with Japan for the purpose of achieving an
    agreement before September 30, 1991, under which Japan offsets
    all direct costs (other than pay and allowances for United
    States military and civilian personnel) incurred by the United
    States related to the presence of all United States military
    personnel stationed in Japan.
      (e) Exceptions.--(1) This section shall not apply in the
    event of a declaration of war or an armed attack on Japan.
      (2) This section may be waived by the President if the
    President--
              (A) declares an emergency or determines that such a
            waiver is required by the national security interests
            of the United States; and
              (B) immediately informs the Congress of the waiver
            and the reasons for the waiver.

    SEC. 1456. LIMITATION ON THE COSTS TO THE UNITED STATES FOR PAYMENTS TO
                        FOREIGN NATIONALS EMPLOYED AT BASES OUTSIDE THE
                        UNITED STATES

      (a) Limitation.--The costs incurred by the United States
    during fiscal year 1991 for the payment of salaries and other
    remuneration to foreign nationals who are employed at United
    States military installations located outside the United States
    shall be reduced by the Secretary of Defense at a rate
    necessary to achieve a 25 percent reduction in such costs by
    the end of fiscal year 1991 below the amount that was requested
    for such costs in the budget for fiscal year 1991 submitted by
    the President to Congress under section 1105 of title 31,
    United States Code.
      (b) Waiver Authority and Requirement of Notification.--The
    Secretary of Defense may waive the requirement of subsection
    (a) if the Secretary determines that the national security
    interests of the United States require such action. If the
    requirement of subsection (a) is waived, the Secretary shall
    notify Congress of that action and include in that notification
    the reasons for such waiver.

    SEC. 1457.\23\ ANNUAL REPORT ON UNITED STATES SECURITY ARRANGEMENTS AND
                        COMMITMENTS WITH OTHER NATIONS

      (a) Report Requirements.--The President shall submit to the
    congressional committees specified in subsection (d) each year
    \24\ a report (in both classified and unclassified form) on
    United States security arrangements with, and commitments to,
    other nations.
    ---------------------------------------------------------------------------
        \23\ 50 U.S.C. 404c.
        \24\ Sec. 1504(c)(4)(C)(i) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out
    ``shall submit to the Committees on Armed Services and on Foreign
    Affairs of the House of Representatives and the Committees on Armed
    Services and Foreign Relations of the Senate each year'' and inserted
    in lieu thereof ``shall submit to the congressional committees
    specified in subsection (d) each year''.
    ---------------------------------------------------------------------------
      (b) Matters To Be Included.--The President shall include in
    each such report the following:
              (1) A description of--
                      (A) each security arrangement with, or
                    commitment to, other nations, whether based
                    upon (i) a formal document (including a mutual
                    defense treaty, a pre-positioning arrangement
                    or agreement, or an access agreement), or (ii)
                    an expressed policy; and
                      (B) the historical origins of each such
                    arrangement or commitment.
              (2) An evaluation of the ability of the United States
            to meet its commitments based on the projected
            reductions in the defense structure of the United
            States.
              (3) A plan for meeting each of those commitments with
            the force structure projected for the future.
              (4) An assessment of the need to continue, modify, or
            discontinue each of those arrangements and commitments
            in view of the changing international security
            situation.
      (c) Deadline for Report.--The President \25\ shall submit the
    report required by subsection (a) not later than February 1 of
    each year.
    ---------------------------------------------------------------------------
        \25\ Sec. 1504(c)(4)(C)(ii) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out
    ``(1) Except as provided in paragraph (2), the President'' and inserted
    in lieu thereof ``The President''; and struck out para. (2), relating
    to the due date of the 1991 report.
    ---------------------------------------------------------------------------
        (d) \26\ Specified Congressional Committees.--The
    congressional committees referred to in subsection (a) are the
    following:
    ---------------------------------------------------------------------------
        \26\ Sec. 1504(c)(4)(C)(iii) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) added
    subsec. (d).
    ---------------------------------------------------------------------------
              (1) The Committee on Armed Services, the Committee on
            Appropriations, and the Select Committee on
            Intelligence of the Senate.
              (2) The Committee on Armed Services,\27\ the
            Committee on Appropriations, and the Permanent Select
            Committee on Intelligence of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \27\ Sec. 1067(10) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------

    SEC. 1458.\28\ ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ

      If the President considers that the taking of such action
    would promote the effectiveness of the economic sanctions of
    the United Nations and the United States imposed with respect
    to Iraq, and is consistent with the national interest, the
    President may prohibit, for such a period of time as he
    considers appropriate, the importation into the United States
    of any or all products of any foreign country that has not--
    ---------------------------------------------------------------------------
        \28\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
              (1) prohibited--
                      (A) the importation of products of Iraq into
                    its customs territory, and
                      (B) the export of its products to Iraq; or
              (2) given assurances satisfactory to the President
            that such import and export sanctions will be promptly
            implemented.

    SEC. 1459. HUMANITARIAN ASSISTANCE FOR LITHUANIA

      (a) Sense of Congress.--It is the sense of Congress that the
    President should provide appropriate forms of humanitarian
    assistance for Lithuania. Such assistance is necessary as a
    result of the courageous efforts of the Lithuanian people to
    rebuild an independent society and state.
      (b) Agency for International Development.--The Administrator
    of the Agency for International Development should--
              (1) furnish such humanitarian assistance through the
            International Committee of the Red Cross, the
            Lithuanian Red Cross, CARITAS, and other voluntary
            relief agencies;
              (2) solicit private sector donations of humanitarian
            assistance for Lithuania;
              (3) cooperate with private relief agencies attempting
            to provide humanitarian assistance to Lithuania; and
              (4) make all necessary arrangements to ensure that
            Lithuanians begin to receive critical humanitarian
            assistance as soon as possible.
      (c) Humanitarian Assistance for Latvia, Estonia, Etc.--Where
    possible, appropriate humanitarian assistance should also be
    extended to Latvia and Estonia as well as needy republics of
    the Soviet Union.
      (d) Definition.--As used in this section, the term
    ``humanitarian assistance'' includes--
              (1) medical supplies;
              (2) oil, gas, and fuel for emergency vehicles and
            medical facilities;
              (3) water purification supplies, materials for
            immunization, and other materials needed to prevent the
            outbreak of contagious diseases and to safeguard public
            health;
              (4) food and clothing; and
              (5) transportation of private donations of
            humanitarian assistance.

                         Part F--Miscellaneous Matters

              * * * * * * *

    SEC. 1465.\29\ OVERSEAS WORKLOAD PROGRAM * * * [REPEALED--1993]
    ---------------------------------------------------------------------------

        \29\ Formerly at 10 U.S.C. 2341 note. Repealed by sec. 1431(b)(1)
    of the National Defense Authorization Act for Fiscal Year 1994 (Public
    Law 103-160; 107 Stat. 1833). See 10 U.S.C. 2349.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1469. ANNUAL PRESENTATION FOR CONGRESSIONAL DEFENSE LEADERSHIP ON
                        UNITED STATES NATIONAL MILITARY STRATEGY

      (a) Sense of Congress.--It is the sense of Congress that the
    President should provide for an annual presentation to be given
    to the congressional defense leaders named in subsection (b) on
    the national military strategy of the United States. That
    presentation should particularly cover the theater and
    strategic nuclear components of the national military strategy
    and should include a discussion of (1) nuclear targeting policy
    and requirements, and (2) the implications of such nuclear
    targeting policy and requirements for (A) theater and strategic
    nuclear force structure and operations, and (B) defense
    resources and their allocation.
      (b) Definition.--The congressional defense leaders referred
    to in subsection (a) are--
              (1) the chairmen and ranking minority members of the
            Committees on Armed Services of the Senate and House of
            Representatives; \30\ and
    ---------------------------------------------------------------------------
        \30\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) the chairmen and ranking minority members of the
            Defense Subcommittees of the Committees on
            Appropriations of the Senate and House of
            Representatives.

          Part G--Congressional Findings, Policies, and Commendations

              * * * * * * *

    SEC. 1472. COMMENDATION OF UNITED STATES MILITARY PERSONNEL FOR
                        PHILIPPINE EARTHQUAKE RELIEF EFFORT

      (a) Findings.--Congress makes the following findings:
              (1) The members of the United States Air Force,
            Marine Corps, and Navy serving in the Pacific region
            have given substantial and significant assistance to
            the Government and people of the Republic of the
            Philippines following a severe earthquake on July 16,
            1990, in the Philippines which resulted in the deaths
            of over 1,600 people and severe dislocation and
            devastation.
              (2) United States military personnel stationed in the
            Philippines have traditionally exhibited a strong
            respect and admiration for the people of the
            Philippines.
              (3) A Marine Corps pilot was killed in a helicopter
            crash during an earthquake relief mission on July 20,
            1990.
              (4) The United States Air Force has flown over 220
            sorties, including medical evacuations, to assist in
            earthquake relief.
              (5) The Marine Corps has flown over 250 aircraft
            missions and has transported via helicopter over 1,000
            Philippine nationals and more than 500,000 pounds of
            cargo.
              (6) Navy medical personnel from the Subic Bay naval
            facility have provided critical medical assistance to
            those injured in the earthquake.
              (7) More than 1,140 tons of supplies and equipment
            have been airlifted to the Philippines or transported
            over land to Baguio City and Cabanatuan City, areas
            devastated by the earthquake.
              (8) Military civil engineering teams have restored
            more than half the damaged water systems and all of the
            electrical systems and have provided heavy equipment to
            aid in rescue operations.
              (9) 650 units of blood were donated by personnel of
            Clark Air Force Base and other Pacific Air Force bases
            and 120 units of blood were donated by personnel of the
            Subic Bay Naval Facility.
      (b) Sense of Congress.--It is the sense of Congress--
              (1) that the earthquake relief assistance provided by
            United States military forces has played an essential
            role in the Philippine recovery from the July 16, 1990,
            earthquake; and
              (2) that those members of the United States Armed
            Forces and their dependents who have assisted in
            Philippine earthquake relief should be commended by
            Congress for their considerable efforts on behalf of
            the Philippine people in their recovery efforts.
              * * * * * * *

                    TITLE XVII--MISSILE TECHNOLOGY CONTROLS

    Sec. 1701. Policy.
    Sec. 1702. Amendment to the Export Administration Act of 1979.
    Sec. 1703. Amendment to the Arms Export Control Act of 1979.
    Sec. 1704. Report on missile proliferation.\31\

    SEC. 1701.\32\ POLICY

      It should be the policy of the United States to take all
    appropriate measures--
    ---------------------------------------------------------------------------
        \31\ Sec. 1704 was superseded by sec. 1097 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
    105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
        \32\ 50 U.S.C. app. 2402 note.
    ---------------------------------------------------------------------------
              (1) to discourage the proliferation, development, and
            production of the weapons, material, and technology
            necessary to produce or acquire missiles that can
            deliver weapons of mass destruction;
              (2) to discourage countries and private persons in
            other countries from aiding and abetting any states
            from acquiring such weapons, material, and technology;
              (3) to strengthen United States and existing
            multilateral export controls to prohibit the flow of
            materials, equipment, and technology that would assist
            countries in acquiring the ability to produce or
            acquire missiles that can deliver weapons of mass
            destruction, including missiles, warheads and
            weaponization technology, targeting technology, test
            and evaluation technology, and range and weapons effect
            measurement technology; and
              (4) with respect to the Missile Technology Control
            Regime (``MTCR'') and its participating governments--
                      (A) to improve enforcement and seek a common
                    and stricter interpretation among MTCR members
                    of MTCR principles;
                      (B) to increase the number of countries that
                    adhere to the MTCR; and
                      (C) to increase information sharing among
                    United States agencies and among governments on
                    missile technology transfer, including export
                    licensing, and enforcement activities.

    SEC. 1702.\33\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *

    SEC. 1703.\34\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *

    SEC. 1704.\35\ * * * [REPEALED--1991]

     TITLE XVIII--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
                                      \36\

              * * * * * * *
    ---------------------------------------------------------------------------
        \33\ For text of amendment to sec. 6 and the addition of new sec.
    11B of the Export Administration Act of 1979, see Legislation on
    Foreign Relations Through 2005, vol. III, sec. J.
        \34\ Sec. 1703 added chapter 7, secs. 71-74 to the Arms Export
    Control Act. For text, see Legislation on Foreign Relations Through
    2005, vol. I-A.
        \35\ Sec. 1704 was superseded by sec. 1097 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
    105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
        \36\ For text of title XVIII, see Legislation on Foreign Relations
    Through 2005, vol. IV, sec. L.
    ---------------------------------------------------------------------------

                DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

    SEC. 2001. SHORT TITLE

      This division may be cited as the ``Military Construction
    Authorization Act for Fiscal Year 1991''.
              * * * * * * *

          TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

    SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS

      (a) In General.--The Secretary of Defense may make
    contributions for the North Atlantic Treaty Organization
    Infrastructure program as provided in section 2806 of title 10,
    United States Code, in an amount not to exceed the sum of the
    amount authorized to be appropriated for this purpose in
    section 2502 and the amount collected from the North Atlantic
    Treaty Organization as a result of construction previously
    financed by the United States.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) funds made available for the North Atlantic
            Treaty Organization Infrastructure program should be
            used primarily for--
                      (A) verifying or implementing the terms of
                    conventional arms control agreements;
                      (B) recoupment owed by the United States for
                    projects completed before the date of the
                    enactment of this Act; and
                      (C) the completion of any construction
                    project the construction of which began before
                    October 1, 1990; and
              (2) the United States should work in consultation
            with the other countries of the North Atlantic Treaty
            Organization to restructure such program in such a
            manner that the funds provided to the program by the
            Secretary of Defense will be expended primarily for the
            purposes referred to in paragraph (1).

    SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO

      Funds are hereby authorized to be appropriated for fiscal
    years beginning after September 30, 1990, for contributions by
    the Secretary of Defense under section 2806 of title 10, United
    States Code, for the share of the United States of the cost of
    projects for the North Atlantic Treaty Organization
    Infrastructure program as authorized by section 2501, in the
    amount of $192,700,000.

    SEC. 2503. STUDY AND REPORT BY THE SECRETARY OF DEFENSE

      (a) In General.--(1) The Secretary of Defense shall conduct a
    study to determine the feasibility and desirability of
    permitting the North Atlantic Treaty Organization to utilize,
    for training and exercise purposes, military installations in
    the United States being closed by the Department of Defense
    under other provisions of law.
      (2) In carrying out such a study, the Secretary shall
    consider--
              (A) the exact purposes for which such installations
            could be appropriately and effectively used by NATO;
            and
              (B) the manner in which NATO would pay for the use of
            such installations.
      (b) Report.--The Secretary shall transmit, by not later than
    March 15, 1991, to the Committees on Armed Services of the
    Senate and House of Representatives \37\ a report containing
    the results of the study required by subsection (a), together
    with such comments and recommendations as the Secretary
    considers appropriate.
    ---------------------------------------------------------------------------
        \37\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

                   TITLE XXVII--EXPIRATION OF AUTHORIZATIONS

    SEC. 2701. EXPIRATION OF AUTHORIZATIONS

      (a) Expiration of Authorizations After Two Years.--Except as
    provided in subsection (b), all authorizations contained in
    titles XXI, XXII, XXIII, XXIV, and XXV for military
    construction projects, land acquisition, family housing
    projects and facilities, and contributions to the NATO
    Infrastructure program (and authorizations of appropriations
    therefor) shall expire on October 1, 1993,\38\ or the date of
    the enactment of an Act authorizing funds for military
    construction for fiscal year 1994,\39\ whichever is later.
    ---------------------------------------------------------------------------
        \38\ Sec. 2702(a)(1) of Public Law 102-190 (105 Stat. 1535) struck
    out ``October 1, 1992'' and inserted in lieu thereof ``October 1,
    1993''.
        \39\ Sec. 2702(a)(2) of Public Law 102-190 (105 Stat. 1535) struck
    out ``fiscal year 1993,'' and inserted in lieu thereof ``fiscal year
    1994,''.
    ---------------------------------------------------------------------------
      (b) Exception.--The provisions of subsection (a) do not apply
    to authorizations for military construction projects, land
    acquisition, family housing projects and facilities, and
    contributions to the NATO Infrastructure program (and
    authorizations of appropriations therefor) for which
    appropriated funds have been obligated before October 1, 1992,
    or the date of the enactment of an Act authorizing funds for
    military construction for fiscal year 1993, whichever is later,
    for construction contracts, land acquisition, family housing
    projects and facilities, or contributions to the NATO
    Infrastructure program.

                        TITLE XXVIII--GENERAL PROVISIONS

    Part A--Construction, Leasing, Improvements, Disposal, and Utilization
                    of Military Installations and Facilities

              * * * * * * *

    SEC. 2802. LIMITATION ON CONSTRUCTION AT CROTONE, ITALY

      (a) In General.--None of the funds available to the
    Department of Defense, including contributions for the North
    Atlantic Treaty Organization Infrastructure program pursuant to
    section 2806 of title 10, United States Code, may be obligated
    or expended (whether obligated before the date of enactment of
    this Act or not) in connection with relocating functions of the
    Department of Defense located at Torrejon Air Force Base,
    Madrid, Spain, on June 15, 1989, to Crotone, Italy, or any
    other location outside the United States until the Secretary of
    Defense makes the certification and files the information
    required in subsection (b)(2).
      (b) Consideration and Certification.--(1) Promptly after the
    date of enactment of this Act, the President shall notify the
    other member nations of the North Atlantic Treaty Organization
    that the United States seeks to have placed on the agenda of
    the next meeting of the North Atlantic Council of NATO the
    following questions:
              (A) In light of the changed threat to NATO, is the
            retention of the 401st Tactical Fighter Wing in the
            Southern Region of NATO necessary?
              (B) In light of the changes in Europe, is
            continuation of construction of a new airbase at
            Crotone, Italy, desirable?
              (C) Are there existing airbases in NATO, and
            particularly in the Southern Region of NATO, which
            could serve as an adequate base for the 401st Tactical
            Fighter Wing, rendering construction of a new base
            unnecessary?
              (D) Will the United States be authorized to use
            American aircraft based at Crotone, Italy, for military
            missions outside of the European theatre?
      (2) After the North Atlantic Council of NATO meets, considers
    the questions listed in paragraph (1), and passes a resolution
    endorsing continuation of construction of a new airbase at
    Crotone, Italy, the Secretary of Defense shall certify to the
    congressional defense committees that such has occurred and
    shall transmit, along with such certification, a copy of the
    resolution adopted by the North Atlantic Council and a summary
    of the debate concerning each of the questions contained in
    paragraph (1).
              * * * * * * *

               TITLE XXIX--DEFENSE BASE CLOSURES AND REALIGNMENTS

              * * * * * * *

        Part B--Other Provisions Relating to Defense Base Closures and
                                  Realignments

    SEC. 2921.\40\ CLOSURE OF FOREIGN MILITARY INSTALLATIONS

      (a) Sense of Congress.--It is the sense of the Congress
    that--
    ---------------------------------------------------------------------------
        \40\ 10 U.S.C. 2687 note.
    ---------------------------------------------------------------------------
              (1) the termination of military operations by the
            United States at military installations outside the
            United States should be accomplished at the discretion
            of the Secretary of Defense at the earliest
            opportunity;
              (2) in providing for such termination, the Secretary
            of Defense should take steps to ensure that the United
            States receives, through direct payment or otherwise,
            consideration equal to the fair market value of the
            improvements made by the United States at facilities
            that will be released to host countries;
              (3) the Secretary of Defense, acting through the
            military component commands or the sub-unified commands
            to the combatant commands, should be the lead official
            in negotiations relating to determining and receiving
            such consideration; and
              (4) the determination of the fair market value of
            such improvements released to host countries in whole
            or in part by the United States should be handled on a
            facility-by-facility basis.
      (b) Residual Value.--(1) For each installation outside the
    United States at which military operations were being carried
    out by the United States on October 1, 1990, the Secretary of
    Defense shall transmit, by no later than June 1, 1991, an
    estimate of the fair market value, as of January 1, 1991, of
    the improvements made by the United States at facilities at
    each such installation.
      (2) For purposes of this section:
              (A) The term ``fair market value of the
            improvements'' means the value of improvements
            determined by the Secretary on the basis of their
            highest use.
              (B) The term ``improvements'' includes new
            construction of facilities and all additions,
            improvements, modifications, or renovations made to
            existing facilities or to real property, without regard
            to whether they were carried out with appropriated or
            nonappropriated funds.
      (c) Establishment of Special Account.--(1) There is
    established on the books of the Treasury a special account to
    be known as the ``Department of Defense Overseas Military
    Facility Investment Recovery Account''. Except as provided in
    subsection (d),\41\ amounts paid to the United States, pursuant
    to any treaty, status of forces agreement, or other
    international agreement to which the United States is a party,
    for the residual value of real property or improvements to real
    property used by civilian or military personnel of the
    Department of Defense shall be deposited into such account.
    ---------------------------------------------------------------------------
        \41\ Sec. 344(b)(2)(A) of Public Law 102-190 (105 Stat. 1345)
    struck out ``Any'' and inserted in lieu thereof ``Except as provided in
    subsection (d),''. Sec. 344(c) of that Act further provided:
        ``(c) Effective Date.--The amendments made by this section shall
    apply with regard to the transfer or disposal of any real property or
    facility pursuant to title II of the Defense Authorization Amendments
    and Base Closure and Realignment Act or the Defense Base Closure and
    Realignment Act of 1990 occurring on or after the date of the enactment
    of this Act.''.
    ---------------------------------------------------------------------------
      (2) Money deposited in the Department of Defense Overseas
    Military Facility Investment Recovery Account shall be
    available to the Secretary of Defense for payment, as provided
    in appropriation Acts, of costs incurred by the Department of
    Defense \42\ in connection with--
    ---------------------------------------------------------------------------
        \42\ Sec. 2827(a)(1) of Public Law 102-484 (106 Stat. 2610) struck
    out ``in connection with facility maintenance and repair and
    environmental restoration at military installations in the United
    States.'' and inserted text beginning with ``in connection with--''
    through subpara. (B). Para. (2) of that subsection struck out a second
    sentence in this paragraph which read: ``Funds in the Account shall
    remain available until expended.''. Para. (3) of that subsection added
    a new para. (3) here.
    ---------------------------------------------------------------------------
              (A) facility maintenance and repair and environmental
            restoration at military installations in the United
            States; and
              (B) facility maintenance and repair and compliance
            with applicable environmental laws at military
            installations outside the United States that the
            Secretary anticipates will be occupied by the Armed
            Forces for a long period.
        (3) \42\ Funds in the Department of Defense Overseas
    Facility Investment Recovery Account shall remain available
    until expended.
      (d) \43\ Amounts Corresponding to the Value of Property
    Purchased With Nonappropriated Funds.--(1) In the case of a
    payment referred to in subsection (c)(1) for the residual value
    of real property or improvements at an overseas military
    facility, the portion of the payment that is equal to the
    depreciated value of the investment made \44\ with
    nonappropriated funds shall be deposited in the reserve account
    established under section 204(b)(7)(C) \45\ of the Defense
    Authorization Amendments and Base Closure and Realignment Act.
    The Secretary may use amounts in the account (in such an
    aggregate amount as is provided in advance by appropriation
    Acts) for the purpose of acquiring, constructing, or improving
    commissary stores and nonappropriated fund instrumentalities.
    ---------------------------------------------------------------------------
        \43\ Sec. 344(b)(2)(B) of Public Law 102-190 (105 Stat. 1345) added
    subsec. (d). Sec. 344(c) of that Act further provided:
        ``(c) Effective Date.--The amendments made by this section shall
    apply with regard to the transfer or disposal of any real property or
    facility pursuant to title II of the Defense Authorization Amendments
    and Base Closure and Realignment Act or the Defense Base Closure and
    Realignment Act of 1990 occurring on or after the date of the enactment
    of this Act.'' [December 5, 1991].
        \44\ Sec. 2821(c) of Public Law 101-510 (106 Stat. 2608) struck out
    ``the value of the improvements carried out'' and inserted in lieu
    thereof ``the depreciated value of the investment made''.
        \45\ Sec. 1505(e)(2) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 515) struck out
    ``section 204(b)(4)(C)'' and inserted in lieu thereof ``section
    204(b)(7)(C)''.
    ---------------------------------------------------------------------------
      (2) As used in this subsection:
              (A) The term ``nonappropriated funds'' means funds
            received from--
                      (i) the adjustment of, or surcharge on,
                    selling prices at commissary stores fixed under
                    section 2685 of title 10, United States Code;
                    or
                      (ii) a nonappropriated fund instrumentality.
              (B) The term ``nonappropriated fund instrumentality''
            means an instrumentality of the United States under the
            jurisdiction of the Armed Forces (including the Army
            and Air Force Exchange Service, the Navy Resale and
            Services Support Office, and the Marine Corps
            exchanges) which is conducted for the comfort,
            pleasure, contentment, or physical or mental
            improvement of members of the Armed Forces.
        (e) \46\ Negotiations for Payments-in-Kind.--(1) \47\
    Before the Secretary of Defense enters into negotiations with a
    host country regarding the acceptance by the United States of
    any payment-in-kind in connection with the release to the host
    country of improvements made by the United States at military
    installations in the host country, the Secretary shall submit
    to the appropriate congressional committees a written notice
    regarding the intended negotiations.\48\
    ---------------------------------------------------------------------------
        \46\ Sec. 2827(b) of Public Law 102-484 (106 Stat. 2610) added
    subsec. (e).
        \47\ Sec. 1305(c)(1)(A) of the National Defense Authorization Act
    for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) added para.
    designation ``(1)''.
        \48\ Sec. 1305(c)(1)(B) of the National Defense Authorization Act
    for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) struck out
    ``a written notice to the congressional defense committees containing a
    justification for entering into negotiations for payments-in-kind with
    the host country and the types of benefit options to be pursued by the
    Secretary in the negotiations.'', and inserted in lieu thereof ``to the
    appropriate congressional committees a written notice regarding the
    intended negotiations.''.
    ---------------------------------------------------------------------------
        (2) \49\ The notice shall contain the following:
    ---------------------------------------------------------------------------
        \49\ Sec. 1305(c)(1)(C) of the National Defense Authorization Act
    for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2891) added paras.
    (2) and (3).
    ---------------------------------------------------------------------------
              (A) A justification for entering into negotiations
            for payments-in-kind with the host country.
              (B) The types of benefit options to be pursued by the
            Secretary in the negotiations.
              (C) A discussion of the adjustments that are intended
            to be made in the future-years defense program or in
            the budget of the Department of Defense for the fiscal
            year in which the notice is submitted or the following
            fiscal year in order to reflect costs that it may no
            longer be necessary for the United States to incur as a
            result of the payments-in-kind to be sought in the
            negotiations.
      (3) For purposes of this subsection, the appropriate
    congressional committees are--
              (A) the Committee on Armed Services,\50\ the
            Committee on Appropriations, and the Defense
            Subcommittees of the Committee on Appropriations of the
            House of Representatives; and
    ---------------------------------------------------------------------------
        \50\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1067(10) of the
    National Defense Authorization Act for Fiscal Year 2000 (Public Law
    106-65; 113 Stat. 774) subsequently struck out ``Committee on National
    Security'' and inserted in lieu thereof ``Committee on Armed
    Services''.
    ---------------------------------------------------------------------------
              (B) the Committee on Armed Services, the Committee on
            Appropriations, and the Subcommittee on Defense \51\ of
            the Committee on Appropriations of the Senate.
    ---------------------------------------------------------------------------
        \51\ Sec. 1073(d)(4)(C)(i) of Public Law 105-85 (111 Stat. 1905)
    struck out ``Defense Subcommittees'' and inserted in lieu thereof
    ``Subcommittee on Defense''.
    ---------------------------------------------------------------------------
        (f) \52\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \52\ Sec. 2827(c) of Public Law 102-484 (106 Stat. 2610) added
    subsec. (f), which had required the Secretary of Defense to report
    annually on the status and use of the Overseas Military Facility
    Investment Recovery Account, was repealed by sec. 1063(b)(1) of the
    National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106; 110 Stat. 444).
    ---------------------------------------------------------------------------
        (f) \53\ OMB Review of Proposed Settlements.--(1) \54\ The
    Secretary of Defense may not enter into an agreement of
    settlement with a host country regarding the release to the
    host country of improvements made by the United States to
    facilities at an installation located in the host country until
    30 days after the date on which the Secretary submits the
    proposed settlement to the Director of the Office of Management
    and Budget. The prohibition set forth in the preceding sentence
    shall apply only to agreements of settlement for improvements
    having a value in excess of $10,000,000.\55\ The Director shall
    evaluate the overall equity of the proposed settlement. In
    evaluating the proposed settlement, the Director shall consider
    such factors as the extent of the United States capital
    investment in the improvements being released to the host
    country, the depreciation of the improvements, the condition of
    the improvements, and any applicable requirements for
    environmental remediation or restoration at the installation.
    ---------------------------------------------------------------------------
        \53\ Originally added as subsec. (g) by sec. 2924(b) of the
    National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1931). Redesignated as subsec. (f) by sec.
    1063(b)(2) of the National Defense Authorization Act for Fiscal Year
    1996 (Public Law 104-106; 110 Stat. 444).
        \54\ Sec. 2817(b) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3057) added para.
    designation ``(1)'' and added para. (2).
        \55\ Sec. 2817(a) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3057) inserted ``The
    prohibition set forth in the preceding sentence shall apply only to
    agreements of settlement for improvements having a value in excess of
    $10,000,000.'' after the first sentence.
    ---------------------------------------------------------------------------
        (2) \54\ Each year, the Secretary shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives \56\ a report on
    each proposed agreement of settlement that was not submitted by
    the Secretary to the Director of the Office of Management and
    Budget in the previous year under paragraph (1) because the
    value of the improvements to be released pursuant to the
    proposed agreement did not exceed $10,000,000.
    ---------------------------------------------------------------------------
        \56\ Sec. 1073(d)(4)(C)(ii) of Public Law 105-85 (111 Stat. 1906)
    struck out ``the Committees on Armed Services of the Senate and House
    of Representatives'' and inserted in lieu thereof ``the Committee on
    Armed Services of the Senate and the Committee on National Security of
    the House of Representatives''. Sec. 1067(10) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    774) subsequently struck out ``Committee on National Security'' and
    inserted in lieu thereof ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
        (g) \57\ Congressional Oversight of Payments-In-Kind.--(1)
    Before \58\ concluding an agreement for acceptance of military
    construction or facility improvements as a payment-in-kind, the
    Secretary of Defense shall submit to Congress a notification on
    the proposed agreement. Any such notification shall contain the
    following:
    ---------------------------------------------------------------------------
        \57\ Sec. 1305(c)(2) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) added this
    subsec. as subsec. (h). Redesignated as subsec. (g) by sec. 1063(b)(2)
    of the National Defense Authorization Act for Fiscal Year 1996 (Public
    Law 104-106; 110 Stat. 44).
        \58\ Sec. 1031(b)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1603) struck out ``Not
    less than 30 days before'' and inserted in lieu thereof ``Before''.
    ---------------------------------------------------------------------------
              (A) A description of the military construction
            project or facility improvement project, as the case
            may be.
              (B) A certification that the project is needed by
            United States forces.
              (C) An explanation of how the project will aid in the
            achievement of the mission of those forces.
              (D) A certification that, if the project were to be
            carried out by the Department of Defense,
            appropriations would be necessary for the project and
            it would be necessary to provide for the project in the
            next future-years defense program.
      (2) Before \59\ concluding an agreement for acceptance of
    host nation support or host nation payment of operating costs
    of United States forces as a payment-in-kind, the Secretary of
    Defense shall submit to Congress a notification on the proposed
    agreement. Any such notification shall contain the following:
    ---------------------------------------------------------------------------
        \59\ Sec. 1031(b)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1603) struck out ``Not
    less than 30 days before'' and inserted in lieu thereof ``Before''.
    ---------------------------------------------------------------------------
              (A) A description of each activity to be covered by
            the payment-in-kind.
              (B) A certification that the costs to be covered by
            the payment-in-kind are included in the budget of one
            or more of the military departments or that it will
            otherwise be necessary to provide for payment of such
            costs in a budget of one or more of the military
            departments.
              (C) A certification that, unless the payment-in-kind
            is accepted or funds are appropriated for payment of
            such costs, the military mission of the United States
            forces with respect to the host nation concerned will
            be adversely affected.
        (3) \60\ When the Secretary submits a notification of a
    proposed agreement under paragraph (1) or (2), the Secretary
    may then enter into the agreement described in the notification
    only after the end of the 30-day period beginning on the date
    on which the notification is submitted or, if earlier, the end
    of the 14-day period beginning on the date on which a copy of
    the notification is provided in an electronic medium pursuant
    to section 480 of title 10, United States Code.
    ---------------------------------------------------------------------------
        \60\ Sec. 1031(b)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1603) added para. (3).
    ---------------------------------------------------------------------------
              * * * * * * *

               DIVISION C--OTHER NATIONAL DEFENSE AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                             Part C--Miscellaneous

              * * * * * * *

    SEC. 3142. SENSE OF CONGRESS ON NEGOTIATING AGREEMENTS TO ACHIEVE A
                        COMPREHENSIVE TEST BAN

      The Congress, mindful of the commitment of the United States,
    the Soviet Union, and Great Britain in the Limited Test Ban
    Treaty of 1963 and in the Non-Proliferation Treaty of 1968 to
    seek the discontinuance of all test explosions of nuclear
    weapons for all time and of the commitment which shall be
    legally binding on the parties upon ratification of the Treaty
    on the Limitation of Underground Nuclear Weapons Tests to
    ``continue their negotiations with a view toward achieving a
    solution to the problem of the cessation of all underground
    nuclear weapons tests'', states that it is the sense of
    Congress that the United States shares a special responsibility
    with the Soviet Union to continue the bilateral Nuclear Testing
    Talks to achieve further limitations on nuclear testing,
    including the achievement of a verifiable comprehensive test
    ban.

           Part D--International Fissile Material and Warhead Control

    SEC. 3151. PRODUCTION OF PLUTONIUM AND HIGHLY ENRICHED URANIUM FOR
                        NUCLEAR WEAPONS AND DISPOSAL OF NUCLEAR STOCKPILES

      (a) Production by the Soviet Union.--Congress urges the
    President of the Soviet Union and the Supreme Soviet of the
    Soviet Union--
              (1) to cease production by the Soviet Union of
            plutonium;
              (2) to maintain the cessation in production by the
            Soviet Union of highly-enriched uranium for weapons
            that was announced on April 7, 1989.
      (b) Technical Aspects of Fissile Material Monitoring and
    Nuclear Warhead Dismantlement.--Should the President determine
    that future international agreements should provide for
    dismantlement of nuclear warheads and a ban on further
    production of fissile materials for weapons, then the Congress
    urges the President to seek to establish with the Soviet Union
    a joint technical working group to examine and demonstrate
    cooperative technical monitoring and inspection arrangements
    that could be applied to the design and verification of these
    potential provisions.
      (c) Report on Verification Techniques.--(1) The President
    shall prepare a comprehensive technical report on the
    verification matters described in paragraph (2).
      (2) The report shall describe the on-site monitoring
    techniques, inspection arrangements, and national technical
    means that could be used by the United States to verify the
    actions of other nations with respect to the following:
              (A) Dismantlement of nuclear warheads in the event
            that a future agreement between the United States and
            the Soviet Union should provide for such dismantlement
            to be carried out in a mutually verifiable manner.
              (B) A mutual United States-Soviet ban, leading to a
            multilateral, global ban, on the production of
            additional quantities of plutonium and highly-enriched
            uranium for nuclear weapons.
              (C) The end use or ultimate disposal of any plutonium
            and highly enriched uranium recovered from the
            dismantlement of nuclear warheads.
      (3) In order to prepare the report required by paragraph (1),
    the President shall establish a Technical Advisory Committee on
    Verification of Fissile Material and Nuclear Warhead Controls,
    to be composed of preeminent government and nongovernment
    experts in the fields of radiation detection, nondestructive
    examination, nuclear safeguards, nuclear materials production,
    and nuclear warhead dismantlement. Such committee, which shall
    be established not later than December 31, 1990, shall advise
    the President on the availability, use, and further development
    of techniques which could be applied to the verification of the
    prospective actions described in paragraph (2).
      (4) The report required by paragraph (1) shall be submitted
    to Congress not later than April 30, 1991. The report shall be
    submitted in unclassified form with such classified appendices
    as may be necessary.

    SEC. 3152. DEVELOPMENT AND DEMONSTRATION OF MEANS FOR WARHEAD
                        DISMANTLEMENT VERIFICATION

      The Secretary of Energy may use funds available to the
    Secretary for national security programs of the Department of
    Energy for fiscal year 1991 to carry out a program to develop
    and demonstrate a means for verifiable dismantlement of nuclear
    warheads.
              * * * * * * *

       DIVISION D--ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND
                                 STABILIZATION

    SEC. 4001.\61\ SHORT TITLE

      This division may be cited as the ``Defense Economic
    Adjustment, Diversification, Conversion, and Stabilization Act
    of 1990''.
    ---------------------------------------------------------------------------
        \61\ 10 U.S.C. 2391 note.
    ---------------------------------------------------------------------------
              * * * * * * *

         TITLE XLIII--EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS

              * * * * * * *

    SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES
                        PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN
                        DEFENSE PRODUCTION

      (a) Export-Import Bank.--
              (1) Sense of congress on plan for expansion.--It is
            the sense of Congress that the United States businesses
            undergoing transition from defense production to
            nondefense production will need assistance in seizing
            export markets overseas. Therefore, in order to provide
            financial support for such businesses, as well as
            meeting other normal demands on its resources, the
            annual direct lending authority of the Export-Import
            Bank of the United States should be increased by at
            least 150 percent from the fiscal year 1990 level over
            the five-year period beginning October 1, 1990.
              (2) Report of feasibility.--Before September 30,
            1990, the President, acting with the assistance of the
            Committee and after consulting the Board of Directors
            of the Export-Import Bank of the United States and
            other experts in government and the private sector,
            shall transmit to the Congress a report assessing the
            feasibility and desirability of a program for
            increasing the amount of direct loan authority in the
            manner described in paragraph (1) and the factors
            considered in making such assessment.
              (3) Transition to nondefense production required to
            be considered.--In determining whether to provide
            financial support for an export transaction, the
            Export-Import Bank of the United States shall take into
            account, to the extent feasible and in accordance with
            applicable standards and procedures established by the
            bank in consultation with the Committee, the fact that
            the product or service is produced or provided by any
            business or group of workers which--
                      (A) was substantially and seriously affected
                    by defense budget reductions; and
                      (B) is in transition from defense to
                    nondefense production.
      (b) SBA Use of Authority for Export Financing Assistance.--In
    determining whether to provide financial or other assistance
    under the Small Business Act, title VIII of the Omnibus Trade
    and Competitiveness Act of 1988, or any program referred to in
    section 4301 to any small business involved in, or attempting
    to become involved in, the export of any product or service,
    the Administrator of the Small Business Administration shall
    take into account the fact that such product or service is
    produced or provided by any business or group of workers
    which--
              (1) has been substantially and seriously affected by
            defense budget reductions; and
              (2) is in transition from defense to nondefense
            production.
      (c) Coordination and Integration of Activities and Assistance
    with Other Agencies.--In providing additional financial
    assistance pursuant to any increase in loan authority under
    this division--
              (1) Federal agencies concerned with international
            trade shall participate in the process of coordination
            conducted by the Committee pursuant to section
            4004(c)(1); \62\ and
    ---------------------------------------------------------------------------
        \62\ Sec. 1062(c)(1) of Public Law 102-190 (105 Stat. 1475) struck
    out ``section 4003(b)'' and inserted in lieu thereof ``section
    4004(c)(1)''.
    ---------------------------------------------------------------------------
              (2) such Federal agencies shall attempt, to the
            maximum extent practicable, to coordinate and integrate
            the activities and assistance of the agencies in
            support of exports, including financial assistance in
            the form of direct loans, loan guarantees, and
            insurance, general trade promotion, marketing
            assistance, and marketing and commercial information,
            in a manner consistent with the purposes of this
            division (and the amendments made by this division to
            other provisions of law).
      (d) Reporting.--The annual reports made by the Export-Import
    Bank of the United States and the Administrator of the Small
    Business Administration and the annual economic stabilization
    and adjustment report under section 4004(c)(3) \63\ of this
    division shall include a description of the extent to which the
    bank and the Administrator are--
    ---------------------------------------------------------------------------
        \63\ Sec. 1062(c)(2) of Public Law 102-190 (105 Stat. 1475) struck
    out ``section 4003'' and inserted in lieu thereof ``section
    4004(c)(3)''.
    ---------------------------------------------------------------------------
              (1) providing financing described in subsections
            (a)(2) and (b), respectively, to businesses or groups
            of workers which were substantially and seriously
            affected by defense budget reductions; and
              (2) coordinating and integrating export support and
            financing activities with other Federal agencies.
              * * * * * * *
      x. National Defense Authorization Act for Fiscal Years 1990 and 1991

        Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352,
         approved November 29, 1989; as amended by Public Law 101-165
    [Department of Defense Appropriations Act, 1990; H.R. 3072], 103 Stat.
    1112, approved November 21, 1989; Public Law 101-510 [National Defense
      Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485,
        approved November 5, 1990; Public Law 102-484 [National Defense
      Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315,
        approved October 23, 1992; Public Law 103-160 [National Defense
      Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547,
       approved November 30, 1993; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
       approved February 10, 1996; Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
    approved September 23, 1996; and by Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
                            approved October 5, 1999

     AN ACT To authorize appropriations for fiscal years 1990 and 1991 for
        military activities of the Department of Defense, for military
     construction, and for defense activities of the Department of Energy,
     to prescribe personnel strengths for such fiscal years for the Armed
                        Forces, and for other purposes.

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

    SECTION 1. SHORT TITLE

      This Act may be cited as the ``National Defense Authorization
    Act for Fiscal Years 1990 and 1991''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

      (a) Organization of Act Into Divisions.--This Act is
    organized into three divisions as follows:
              (1) Division A--Department of Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              (3) Division C--Department of Energy National
            Security Authorizations and Other Authorizations.
              * * * * * * *

    SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990

      Authorizations of appropriations, and of personnel strength
    levels, in this Act for any fiscal year after fiscal year 1990
    are effective only with respect to appropriations made during
    the first session of the One Hundred First Congress.

    SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

      For purposes of this Act, the term ``congressional defense
    committees'' means the Committees on Armed Services and the
    Committees on Appropriations of the Senate and House of
    Representatives.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                    Part A--Authorization of Appropriations

              * * * * * * *

    SEC. 304. HUMANITARIAN ASSISTANCE

      (a) Purpose.--Funds appropriated pursuant to the
    authorizations in subsections (a)(16) and (b)(16) of section
    301 \2\ for humanitarian assistance shall be used for the
    purpose of providing transportation for humanitarian relief for
    persons displaced or who are refugees because of the invasion
    of Afghanistan by the Soviet Union. Of the funds appropriated
    for each of fiscal years 1990 and 1991 pursuant to such
    subsections for such purpose, not more than $3,000,000 may be
    used for distribution of humanitarian relief supplies to the
    non-Communist resistance organization at or near the border
    between Thailand and Cambodia.
    ---------------------------------------------------------------------------
        \2\ Sec. 301 authorized $13,000,000 for humanitarian assistance for
    each fiscal year 1990 ((a)(16)) and 1991 ((b)(16)).
    ---------------------------------------------------------------------------
      (b) Authority To Transfer Funds.--The Secretary of Defense
    may transfer to the Secretary of State not more than $3,000,000
    of the funds appropriated pursuant to such subsections for each
    of fiscal years 1990 and 1991 for humanitarian assistance to
    provide for--
              (1) the payment of administrative costs incurred in
            providing the transportation described in subsection
            (a); and
              (2) the purchase or other acquisition of
            transportation assets for the distribution of
            humanitarian relief supplies in the country of
            destination.
      (c) Transportation Under Direction of the Secretary of
    State.--Transportation for humanitarian relief provided with
    funds appropriated pursuant to such subsections for
    humanitarian assistance shall be provided under the direction
    of the Secretary of State.
      (d) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to such subsections for humanitarian assistance shall be
    provided by the most economical commercial or military means
    available, unless the Secretary of State determines that it is
    in the national interest of the United States to provide
    transportation other than by the most economical means
    available. The means used to provide such transportation may
    include the use of aircraft and personnel of the reserve
    components of the Armed Forces.
      (e) Availability of Funds.--Funds appropriated pursuant to
    such subsections for humanitarian assistance shall remain
    available until expended, to the extent provided in
    appropriation Acts.
      (f) \3\ Reports to Congress.--* * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \3\ Sec. 303(f)(5) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1526) repealed subsec.
    (f), which had required the Secretary of Defense to submit to the
    Committees on Armed Services and Foreign Relations of the Senate and
    the Committees on Armed Services and Foreign Affairs of the House of
    Representatives several reports on the funds obligated for humanitarian
    relief under various humanitarian relief laws.
    ---------------------------------------------------------------------------
              * * * * * * *

                              Part B--Limitations

              * * * * * * *

    SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS
                        IN THE EVENT OF CERTAIN BASE CLOSURES

      (a) * * *
      (b) * * *
      (c) Sense of Congress.--It is the sense of Congress that--
              (1) in the event a United States military facility
            located in a foreign country is closed (or activities
            at the facility are curtailed) at the request of the
            government of that country, such government should be
            responsible for the payment of severance pay to foreign
            nationals in the country whose employment by the United
            States or by a contractor under a contract with the
            United States is terminated as a result of the closure
            or curtailment; and
              (2) in negotiating a status-of-forces agreement or
            other country-to-country agreement with the government
            of a foreign country, the President should endeavor to
            include in the agreement a provision that would require
            the government of that country to pay severance pay to
            foreign nationals in that country whose employment is
            terminated as a result of the closing of, or the
            curtailment of activities at, a United States military
            facility in that country, if the closing or curtailment
            is at the request of the government of that country.
              * * * * * * *

    SEC. 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AUTHORIZED FOR
                        DUTY IN EUROPE

      (a) Reduction Required.--The number of civilian employees of
    the Department of Defense authorized for duty in Europe on the
    date of the enactment of this Act shall be reduced by a number
    equal to the number of remaining authorizations for employees
    of the department that--
              (1) were related to intermediate-range nuclear forces
            on December 8, 1987; and
              (2) are unnecessary as a result of the Treaty between
            the United States of America and the Union of Soviet
            Socialist Republics on the Elimination of their
            Intermediate-range and Shorter-range Missiles, signed
            on December 8, 1987 (commonly referred to as the ``INF
            Treaty'').
      (b) Deadline for Reduction.--The reduction in the number of
    employees authorized for duty in Europe required by subsection
    (a) shall be completed not later than October 1, 1991.
              * * * * * * *

      TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
                                    MATTERS

              * * * * * * *

                    Part B--Changes to Acquisition Statutes

    SEC. 815.\4\ DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS
                        * * *

              * * * * * * *

                    Part C--Other Acquisition Policy Matters

              * * * * * * *

    SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT REQUIREMENT

      (a) \5\ Determination by Secretary of Defense.--(1) If the
    Secretary of Defense, after consultation with the United States
    Trade Representative, determines that a foreign country which
    is party to an agreement described in paragraph (2) has
    violated the terms of that agreement by discriminating against
    certain types of products produced in the United States that
    are covered by the agreement, the Secretary of Defense shall
    rescind the Secretary's blanket waiver of the Buy American Act
    with respect to such types of products produced in that foreign
    country.
    ---------------------------------------------------------------------------
        \4\ Sec. 815 amended 10 U.S.C. 2504.
        \5\ 41 U.S.C. 10b-2. Similar language also stated in annual
    Department of Defense Appropriations Acts.
    ---------------------------------------------------------------------------
      (2) An agreement referred to in paragraph (1) is any
    agreement, including any reciprocal defense procurement
    memorandum of understanding, between the United States and a
    foreign country pursuant to which the Secretary of Defense has
    prospectively waived the Buy American Act for certain products
    produced in that country.
      (b) Report to Congress.--The Secretary of Defense shall
    submit to Congress a report on the amount of Department of
    Defense purchases from foreign entities in fiscal years 1990
    and 1991. Such report shall separately indicate the dollar
    value of items for which the Buy American Act was waived
    pursuant to any agreement described in subsection (a)(2), the
    Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
    international agreement to which the United States is a party.
      (c) Buy American Act Defined.--For purposes of this section,
    the term ``Buy American Act'' means title III of the Act
    entitled ``An Act making appropriations for the Treasury and
    Post Office Departments for the fiscal year ending June 30,
    1934, and for other purposes'', approved March 3, 1933 (41
    U.S.C. 10a et seq.).
              * * * * * * *

    SEC. 825.\6\ STUDY AND REPORT ON DEFENSE EXPORT FINANCING

      (a) Study.--The President shall conduct a study of export
    financing of defense articles. In the course of the study, the
    President shall--
    ---------------------------------------------------------------------------
        \6\ In a memorandum for the Director of the Office of Management
    and Budget of March 7, 1990 (55 F.R. 10033), the President delegated
    ``to the Director of the Office of Management and Budget the authority
    for conducting a study of export financing of defense articles and
    reporting to the Congress on the findings of such study as required by
    section 825''.
    ---------------------------------------------------------------------------
              (1) examine the effect of export financing on the
            ability of United States industry to compete in the
            international market for defense products;
              (2) determine the extent to which other countries
            support commercial financing for defense exports
            through official government credit programs;
              (3) determine the extent to which United States
            private capital is used to support defense exports and
            the obstacles that United States lending institutions
            face in providing additional support; and
              (4) determine the feasibility and desirability of
            using existing or new Government export guarantee
            programs to provide greater private capital support for
            United States defense exports.
      (b) Report.--Not later than 120 days after the date of
    enactment of this Act, the President shall submit to Congress a
    report on the findings of the study under subsection (a).
              * * * * * * *

                             Part F--Miscellaneous

              * * * * * * *

    SEC. 852.\7\ PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND
                        EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
                        RIGHTS

      (a) Sense of Congress.--It is the sense of Congress that it
    should be a very important consideration in the procurement of
    property, services, or technology by the Department of Defense
    whether such procurement is from any person of any country
    which has been identified by the United States Trade
    Representative, on the advice of the Commissioner of Patents
    and Trademarks in the Department of Commerce and the Register
    of Copyrights, pursuant to section 182(a)(2) of the Trade Act
    of 1974 (19 U.S.C. 2242) \8\ as denying adequate and effective
    protection of intellectual property rights or fair and
    equitable market access to United States persons that rely upon
    intellectual property protection.
    ---------------------------------------------------------------------------
        \7\ Sec. 1302(a) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1668) struck out
    subsec. 852(b), which had required the Secretary of Defense to report
    to the Committees on Armed Services, on Finance, and on the Judiciary
    of the Senate and the Committees on Armed Services, on Ways and Means,
    and on the Judiciary of the House of Representatives, on this matter.
        \8\ For text, see Legislation on Foreign Relations Through 2005,
    vol. III, sec. J.
    ---------------------------------------------------------------------------
              * * * * * * *

       TITLE IX--MATTERS RELATING TO NATO MEMBER NATIONS AND OTHER ALLIES

                Part A--Conventional Force Reductions in Europe

    SEC. 901. FRAMEWORK FOR DETERMINING CONVENTIONAL FORCE REQUIREMENTS IN
                        A CHANGING THREAT ENVIRONMENT

      (a) Evaluation of Effect of Warsaw Pact Reductions and of
    Possible CFE Agreement.--The Secretary of Defense shall submit
    to the congressional defense committees a report providing the
    Secretary's evaluation of the effect upon requirements of the
    United States for conventional forces and for military spending
    that could be anticipated under the following assumptions:
              (1) The full implementation of the unilateral force
            reductions in, and subsequent reorganization of, forces
            of the Soviet Union described by the President of the
            Soviet Union on December 7, 1988, and the unilateral
            force reductions subsequently announced by the other
            members of the Warsaw Pact.
              (2) Entry into force of a conventional arms control
            agreement establishing rough parity in conventional
            forces in Europe between forces of the North Atlantic
            Treaty Organization and the Warsaw Pact at equal levels
            (at approximately 85 to 90 percent of NATO's current
            inventory) of tanks, artillery, armored troop carriers,
            combat helicopters, and land-based combat aircraft.
      (b) Matters To Be Included in Evaluation.--In carrying out
    the evaluation required by subsection (a) of the unilateral
    force reductions referred to in paragraph (1) of that
    subsection and the potential effect of an agreement referred to
    in paragraph (2) of that subsection, the Secretary shall
    include in the evaluation (at a minimum) the following (stated
    for both the near-term and mid-term):
              (1) An assessment of the threat to NATO under the
            assumptions specified in each of paragraphs (1) and (2)
            of subsection (a).
              (2) The effect on the defense strategy of the United
            States for meeting its NATO commitments in the changing
            threat environment, including the effect on the ability
            of NATO to defend against an attack by the Warsaw Pact
            (A) on short warning, or (B) during a crisis in Europe.
              (3) The effect on--
                      (A) the mix of active and reserve forces of
                    the United States;
                      (B) the ratio of (i) conventional forces of
                    the United States deployed in the European
                    theater, to (ii) conventional forces of the
                    United States deployed in the continental
                    United States; and
                      (C) air and sea lift requirements.
              (3) The effect on operational military concepts of
            the United States and NATO (such as Follow-on Forces
            Attack (FOFA), AirLand Battle, Maritime Strategy, and
            Rapid Reinforcement) that were initially developed to
            counter the large advantage of the Warsaw Pact in
            conventional land forces in the European theater.
              (4) The effect on equipment requirements of the
            United States for meeting its commitments to NATO in
            the 1990s.
      (c) Time for Submission.--The report required by subsection
    (a) shall be submitted concurrently with the submission to
    Congress of the President's budget for fiscal year 1991
    pursuant to section 1105 of title 31, United States Code. The
    report shall be submitted in both classified and unclassified
    form.

    SEC. 902. IMPLICATIONS OF MUTUAL REDUCTIONS IN CONVENTIONAL FORCES IN
                        EUROPE BY NATO AND WARSAW PACT MEMBER NATIONS

      (a) Commendation of President's Conventional Arms Reduction
    Initiative.--Congress commends and supports the President's
    conventional arms control initiative announced in Brussels on
    May 29, 1989, in which the President proposed, and the North
    Atlantic Treaty Organization (NATO) agreed, that NATO expand
    its negotiating position at the negotiations on reductions in
    conventional forces in Europe (begun in Vienna on March 9,
    1989, and known as the ``CFE Talks'') to include--
              (1) substantial reductions by each side to equal
            ceilings of helicopters and combat aircraft; and
              (2) a reduction to a common ceiling of United States
            military personnel stationed in Western Europe and
            Soviet military personnel stationed in Eastern Europe.
      (b) Presidential Report.--(1) Not later than six months after
    the date of the enactment of this Act, the President shall
    submit to Congress an unclassified report, with classified
    annexes as necessary, on the foreign policy and military
    implications to NATO and to the Warsaw Pact of significant
    reductions of conventional forces by NATO and Warsaw Pact
    countries to a ceiling which is the same for both sides.
      (2) The report shall address possible force reduction
    scenarios for a second round of CFE negotiations and shall be
    based upon two different assumptions with regard to the level
    of reductions in personnel and equipment to be made. Under the
    first assumption, personnel and equipment would be reduced to a
    level 25 percent below current NATO levels. Under the second
    assumption, personnel and equipment would be reduced to a level
    50 percent below current NATO levels.
      (3) The report shall include the following:
              (A) A comprehensive net assessment of the current
            balance between NATO forces and Warsaw Pact forces and
            of the overall trends in that balance, including an
            assessment of the trends in active and reserve forces
            and in total equipment holdings in stationed and
            indigenous forces.
              (B) A description of the likely alternative force
            postures that could be adopted by member nations of
            both alliances (particularly by the United States and
            the Soviet Union) under each of the assumptions
            analyzed, together with a description of the possible
            effects of restructuring of both NATO and Warsaw Pact
            forces in Europe for defensive purposes.
              (C) A statement of the costs (or savings) to the
            United States, over at least a seven-year period,
            estimated to be associated with each force posture
            described under subparagraph (B), together with an
            analysis of how those costs (or savings) were
            determined.
              (D) An analysis of the implications for NATO
            strategy, security, and military policy under each of
            the reduction levels referred to in paragraph (2),
            including a net assessment of the resulting balance
            between NATO forces and Warsaw Pact forces.
              (E) An assessment of the effects under each of the
            reduction levels referred to in paragraph (2)
            (including the alternative force postures under each
            assumption) upon the stability of the conventional
            balance of forces in Europe.
              (F) An assessment of the ability of NATO to defend
            Europe under each of the assumed reduction levels in
            the event of an attack by the Warsaw Pact (i) on short
            warning, or (ii) during a crisis in Europe.
              (G) An assessment of the effects under each of the
            reduction levels referred to in paragraph (2) on--
                      (i) the short-range nuclear force
                    requirements of NATO;
                      (ii) the requirements of the United States
                    for POMCUS and war-reserve stocks;
                      (iii) the requirements of NATO for airlift
                    and sealift based in the United States and for
                    reinforcing units from the United States; and
                      (iv) the ability of the United States to meet
                    global military requirements.

    SEC. 903. REPORT ON VERIFICATION MEASURES FOR POSSIBLE CONVENTIONAL
                        ARMS CONTROL AGREEMENT

      (a) Report.--The President shall submit to Congress a report
    on the types of measures that would be required to verify the
    proposal for reductions in conventional forces in Europe
    adopted by the member nations of the North Atlantic Treaty
    Organization (NATO) on May 30, 1989.
      (b) Matters To Be Included in Report.--The President shall
    include in the report under subsection (a) the following:
              (1) A discussion of the types of information that it
            would be necessary for the parties to such an agreement
            to exchange for such verification.
              (2) A discussion of the range of options under
            consideration by the executive branch for defining what
            constitutes a militarily significant violation of a
            conventional arms control agreement.
              (3) A description of the national technical means,
            on-site inspections, and other cooperative measures
            that would be necessary to detect violations of such an
            agreement, including--
                      (A) an analysis of the measures that would be
                    required to monitor (i) the withdrawal and
                    demobilization of military personnel, and (ii)
                    the withdrawal and (if required by the
                    agreement) the destruction of military
                    equipment provided for in any such agreement;
                    and
                      (B) the President's judgment on those on-site
                    inspections and confidence building measures
                    under consideration that are the most
                    acceptable, and the least acceptable, to the
                    NATO alliance and the Warsaw Pact, including an
                    assessment of the counterintelligence aspects
                    of such measures for NATO.
              (4) A discussion of the procedures the NATO alliance
            would follow in the event of a violation of such an
            agreement by a member of the Warsaw Treaty
            Organization.
      (c) Data Base Analysis.--(1) The report under subsection (a)
    shall also include a comprehensive analysis of--
              (A) the uncertainties in the data bases to be used by
            United States intelligence with respect to the military
            forces of NATO member nations and Warsaw Pact member
            nations located in the proposed areas of reduction;
              (B) the uncertainties in the estimates of the trends
            in such forces; and
              (C) the differences in the data bases and counting
            rules used by the United States, the allies of the
            United States, and the Warsaw Pact member nations.
      (2) The analysis under paragraph (1) shall address separately
    the uncertainties in the estimates of each of the following:
              (A) Active forces.
              (B) Reserve forces.
              (C) Equipment subject to reductions and ceilings.
              (D) Indigenous forces.
              (E) Stationed forces.
      (d) Submission of Report.--The report required by subsection
    (a) shall be submitted not later than March 1, 1990. The report
    shall include such comments and recommendations as the
    President determines appropriate. The report shall be submitted
    in both classified and unclassified versions.

                             Part B--Burden Sharing

    SEC. 911.\9\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF
                        MILITARY PERSONNEL IN EUROPE * * * [REPEALED--1990]
    ---------------------------------------------------------------------------

        \9\ Sec. 911, which would have amended sec. 1002(c)(1) of the
    Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), to
    reduce end strength of U.S. military personnel in Europe, effective
    September 30, 1991, was repealed by sec. 406(c) of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
    1546). Sec. 406 of that Act amended sec. 1002(c)(1) of the Department
    of Defense Authorization Act, 1985, and provided further criteria for
    military force reduction.
    ---------------------------------------------------------------------------

    SEC. 912.\10\ ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF NATO

      (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) Member nations of the North Atlantic Treaty
            Organization (NATO), at the initiative of the
            President, have presented to the nations of the Warsaw
            Pact a comprehensive proposal concerning reductions in
            conventional forces in Europe for consideration in the
            negotiations on Conventional Armed Forces in Europe
            (CFE).
              (2) An agreement based on that proposal would
            significantly enhance security and stability in Europe
            and the cause of peace worldwide.
              (3) Irrespective of developments in the CFE
            negotiations, several member nations of NATO are
            considering making significant unilateral reductions
            over the next several years in the number of their
            active-duty forces in Europe.
              (4) Such unilateral reductions in active-duty forces
            before an agreement on CFE enters into force would--
                      (A) undercut efforts by NATO to improve its
                    conventional defense posture in Europe,
                    increase reliance by NATO on the threat of the
                    early use of nuclear weapons to deter
                    aggression, and undermine the NATO arms control
                    negotiating posture in the CFE negotiations;
                    and
                      (B) exacerbate longstanding burdensharing
                    tensions among member nations of NATO.
              (5) Despite shifts in relative economic power from
            the United States to some of the major allies of the
            United States, the costs of mutual defense continue to
            be borne disproportionately by the United States.
              (6) Adjustments in burdensharing are long overdue.
      (b) Definitions.--For purposes of this section:
              (1) The term ``active-duty forces in Europe'' means
            those active-duty military personnel assigned to
            permanent duty ashore in European member nations of
            NATO, except that such term does not include INF-
            related forces.
              (2) The term ``INF-related forces'' means those
            active-duty military personnel assigned to permanent
            duty ashore in European member nations of NATO who are
            to be demobilized or withdrawn from Europe as a result
            of the elimination of the intermediate-range nuclear
            weapons of the United States pursuant to the Treaty
            between the United States of America and the Union of
            Soviet Socialist Republics on the Elimination of their
            Intermediate-range and Shorter-range Missiles, signed
            on December 8, 1987 (commonly referred to as the ``INF
            Treaty'').
              (3) The term ``U.S. end-strength level in Europe''
            means the actual number of active-duty forces in Europe
            of the Armed Forces of the United States at the end of
            a fiscal year.
              (4) The term ``allied forces end-strength level in
            Europe'' means the actual number of active-duty forces
            in Europe of the armed forces of member nations of NATO
            (other than the United States) in Europe at the end of
            a fiscal year.
      (c) Baseline Report on Active-Duty Forces in Europe.--(1) Not
    later than 60 days after the date of the enactment of this Act,
    the Secretary of Defense shall submit to the congressional
    defense committees, the Committee on Foreign Relations of the
    Senate, and the Committee on Foreign Affairs \11\ of the House
    of Representatives a report on the number of the active-duty
    forces in Europe of the member nations of NATO. The report
    shall identify the following:
    ---------------------------------------------------------------------------
        \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) The U.S. end-strength level in Europe for fiscal
            year 1989.
              (2) The allied forces end-strength level in Europe
            for fiscal year 1989.
              (3) The actual number of active-duty forces in Europe
            of the armed forces of each member nation of NATO
            (other than the United States) at the end of fiscal
            year 1989.
              (4) The ratio (expressed in terms of a percentage)
            of--
                      (A) the U.S. end-strength level in Europe; to
                      (B) the allied forces end-strength level in
                    Europe.
      (d) U.S.-Allied Forces Ratio.--(1) The ratio identified for
    fiscal year 1989 under subsection (c)(4) is hereinafter in this
    section referred to as the ``baseline U.S.-allied forces
    ratio''.
      (2) The ratio identified in an annual report under subsection
    (e) is hereinafter in this section referred to as the ``U.S.-
    allied forces ratio''.
      (e) Annual Report on Maintaining Active-Duty Forces in
    Europe.--(1) During each of the fiscal years 1991, 1992, and
    1993, the Secretary of Defense shall prepare a report
    identifying for the preceding fiscal year the following:
              (A) The U.S. end-strength level in Europe for the
            fiscal year covered by the report.
              (B) The allied forces end-strength level in Europe
            for such fiscal year.
              (C) The ratio (expressed in terms of a percentage) of
            the U.S. end-strength level in Europe to the allied
            forces end-strength level in Europe for the fiscal year
            covered by the report.
      (2) The Secretary shall include in each such report the
    following:
              (A) A statement of whether there has been any change
            in the U.S.-allied forces ratio for such fiscal year
            compared with--
                      (i) the baseline U.S.-allied forces ratio;
                    and
                      (ii) after fiscal year 1991, the U.S.-allied
                    forces ratio for the fiscal year immediately
                    preceding the fiscal year covered by such
                    report.
              (B) In the case of a change in the U.S.-allied forces
            ratio for such fiscal year, a description of the amount
            of such change and any explanation of the cause for
            such change.
              (C) A discussion of any action taken by the United
            States during such fiscal year to encourage member
            nations of NATO (other than the United States) to
            increase the number of their active-duty forces in
            Europe and the results of that action.
      (3)(A) Except as provided in subparagraph (B), the report
    required by paragraph (1) shall be submitted to the
    congressional defense committees, the Committee on Foreign
    Relations of the Senate, and the Committee on Foreign Affairs
    \12\ of the House of Representatives not later than April 1 of
    each fiscal year referred to in such paragraph.
    ---------------------------------------------------------------------------
        \12\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
      (B) The Secretary shall be considered to have complied with
    subparagraph (A) in a fiscal year if the Secretary includes the
    information required by paragraphs (1) and (2) in the report
    submitted in such year pursuant to section 1002(d)(2) of the
    Department of Defense Authorization Act, 1985 (22 U.S.C. 1928
    note).
      (f) Limitation on Obligation of Funds.--(1) If the Secretary
    of Defense states in a report prepared under subsection (e)
    that the U.S.-allied forces ratio for the fiscal year covered
    by such report is greater than the baseline U.S.-allied forces
    ratio by more than one-tenth of one percentage point--
              (A) the President shall undertake appropriate
            diplomatic initiatives to persuade the member nations
            of NATO (other than the United States) to increase the
            number of their active-duty forces in Europe so that
            the U.S.-allied forces ratio no longer exceeds the
            baseline U.S.-allied forces ratio; and
              (B) funds appropriated to or for the use of the
            Department of Defense may not be obligated or expended
            for the next fiscal year to support active-duty forces
            in Europe of the Armed Forces of the United States at
            an end-strength level that would cause the U.S.-allied
            forces ratio in such fiscal year to exceed the baseline
            U.S.-allied forces ratio by more than one-tenth of one
            percentage point.
      (2) The President may waive the provisions of paragraph (1)
    if the President determines that such action is critical to the
    national security of the United States. The President shall
    immediately notify Congress of such a waiver and the reasons
    for such waiver.
      (3) Paragraph (1) shall not apply in the event of a
    declaration of war or an armed attack on any member nation of
    NATO or in the event that a comprehensive arms reduction
    agreement enters into force as a result of the negotiations on
    Conventional Armed Forces in Europe (CFE).
      (g) End-Strength Permanent Ceiling.--Nothing in this section
    shall be construed to permit the obligation or expenditure of
    funds to support an end-strength level of members of the Armed
    Forces of the United States assigned to permanent duty ashore
    in European member nations of NATO at any level in excess of
    the permanent ceiling specified in section 1002(c)(1) of the
    Department of Defense Authorization Act, 1985 (22 U.S.C. 1928
    note).

    SEC. 913. CONTRIBUTIONS BY JAPAN TO GLOBAL SECURITY

      (a) Findings.--Congress finds--
              (1) that extraordinary political, economic, and
            social changes have occurred in Japan since World War
            II; and
              (2) that, as a result of such changes, Japan is
            capable of assuming increased responsibility for its
            own security.
      (b) Sense of Congress.--It is the sense of Congress that, in
    view of the changes referred to in subsection (a), Japan
    should--
              (1) assume increased responsibility for its own
            security;
              (2) offset the direct costs incurred by the United
            States in deploying military forces for the defense of
            Japan, including costs (other than pay and allowances)
            related to the presence of United States military
            personnel in Japan; and
              (3) make a contribution to the common defense that is
            more commensurate with its economic status by taking
            the following actions:
                      (A) Increasing expenditures for its Official
                    Development Assistance program and its defense
                    programs so that, by 1992, the level of
                    spending by Japan on those programs (stated as
                    a percentage of gross national product) will
                    approximate the average of the levels of
                    spending by the member nations of the North
                    Atlantic Treaty Organization (NATO) on official
                    development assistance and defense programs
                    (stated as a percentage of their respective
                    gross national products).
                      (B) Devoting any increase in its spending for
                    such Official Development Assistance program
                    primarily to the Republic of the Philippines
                    and to countries in regions of importance to
                    global stability outside of East Asia,
                    particularly to countries in Latin America, the
                    Caribbean area, and the Mediterranean area.
                      (C) Devoting any increase in spending for
                    that program primarily to untied grants and
                    increasing the portion of total expenditures
                    made in that program for those multilateral
                    financial institutions of which Japan is a
                    member.
                      (D) Designating those nations that are to be
                    recipients of increased development assistance
                    referred to in subparagraphs (A) through (C)
                    after consultation with Japan's security
                    partners.
                      (E) Completing, after consultation with the
                    United States, the 5-year defense program of
                    Japan for fiscal years 1986 through 1990 and,
                    at the earliest possible date after the
                    completion of that program, fulfilling the
                    pledge made by the Prime Minister of Japan in
                    May 1981 to defend the territory, airspace, and
                    sea lanes of Japan to a distance of 1,000
                    nautical miles.
                      (F) Acquiring ``off-the-shelf'' military
                    equipment from the United States (including
                    completely equipped, long-range early warning
                    aircraft, additional AEGIS weapon systems,
                    refueling aircraft, munitions, and spare parts)
                    in developing the capabilities called for in
                    Japan's current and subsequent 5-year defense
                    programs.
      (c) Negotiations and Consultations.--At the earliest
    practicable date after the enactment of this Act, the President
    shall--
              (1) enter into negotiations with Japan for the
            purpose of achieving an agreement under which Japan
            agrees to make contributions sufficient in value to
            meet the direct cost of deploying United States forces
            for the defense of Japan; and
              (2) issue an invitation to the Government of Japan
            and other governments of Pacific allies of the United
            States to engage in annual multilateral consultations
            on security concerns, consistent with the constitutions
            and national defense requirements of the respective
            countries.
      (d) Reports.--(1) In order that Congress may determine
    whether further action is appropriate, not later than April 1,
    1990, the President shall submit to the congressional
    committees described in paragraph (3) an initial report on the
    status and results of--
              (A) the negotiations with Japan referred to in
            subsection (c)(1); and
              (B) the invitation required under subsection (c)(2),
            including any consultations resulting from such
            invitation.
      (2) Not later than one year after the date of the enactment
    of this Act, the President shall submit to such congressional
    committees a second report on the status and results of the
    matters referred to in paragraph (1).
      (3) The congressional committees referred to in this
    subsection are the congressional defense committees, the
    Committee on Foreign Relations of the Senate, and the Committee
    on Foreign Affairs \13\ of the House of Representatives.
    ---------------------------------------------------------------------------
        \13\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 915. UNITED STATES-REPUBLIC OF KOREA SECURITY RELATIONSHIP AND
                        OTHER SECURITY MATTERS IN EAST ASIA

      (a) Findings.--Congress makes the following findings:
              (1) Since the end of the Korean conflict, the
            Republic of Korea has made tremendous progress in
            rebuilding its economic and military strength.
              (2) Despite this progress, an indigenous military
            balance has not yet been achieved on the Korean
            peninsula, and the Democratic People's Republic of
            Korea continues to pose a serious threat to the
            security of the Republic of Korea.
              (3) The alliance between the United States and the
            Republic of Korea has contributed greatly to the
            security of both countries.
              (4) The Republic of Korea has dedicated a large share
            of its national resources to its security, as shown by
            the fact that defense expenditures comprise
            approximately one-third of the national budget of the
            Republic of Korea.
              (5) The United States has contributed a large amount
            of national resources, including approximately 44,000
            military personnel, to protecting the security
            interests that it shares with the Republic of Korea.
              (6) The presence of United States military personnel
            in the Republic of Korea contributes to the
            preservation of peace on the Korean peninsula, serves
            as a military deterrent, and is a tangible
            manifestation of the commitment of the United States to
            the defense of the Republic of Korea.
              (7) In accordance with its obligations under the 1954
            Mutual Defense Treaty with the Republic of Korea, the
            United States remains committed to the security and
            territorial integrity of the Republic of Korea.
      (b) Sense of Congress on the United States-Republic of Korea
    Security Relationship.--(1) It is the sense of Congress that--
              (A) the United States should review the missions,
            force structure, and locations of its military forces
            in the Republic of Korea and East Asia;
              (B) the Republic of Korea should assume increased
            responsibility for its own security;
              (C) the Republic of Korea should offset more of the
            direct costs incurred by the United States in deploying
            military forces for the defense of the Republic of
            Korea; and
              (D) the United States and the Republic of Korea
            should consult on the feasibility and desirability of
            partial, gradual reductions of United States military
            forces in the Republic of Korea.
      (2) In order that Congress may determine whether further
    action is appropriate, not later than April 1, 1990, the
    President shall submit to the congressional committees
    described in subsection (d) an initial report on the status and
    results of any consultations held by the United States and the
    Republic of Korea on the matter referred to in paragraph
    (1)(D).
      (3) Not later than one year after the date of the enactment
    of this Act, the President shall submit to such congressional
    committees a second report on the status and results of the
    consultations referred to in paragraph (1)(D).
      (c) Report on Military Presence in East Asia.--(1) Not later
    than April 1, 1990, the President shall submit to the
    congressional committees described in subsection (d) a report
    on the military presence of the United States in East Asia,
    including the Republic of Korea. The President shall include in
    such report a strategic plan relating to the continued United
    States military presence in East Asia.
      (2) The report required by this subsection shall specifically
    include the following:
              (A) An assessment of the implications of recent
            developments in the Soviet Union and the People's
            Republic of China for United States and allied security
            planning in East Asia.
              (B) Identification of any changes in the missions,
            force structure, and locations of United States forces
            in East Asia that could strengthen the capabilities of
            such forces and lower the costs of maintaining such
            forces.
              (C) A discussion of ways in which increased defense
            responsibilities and costs presently borne by the
            United States can be transferred to the allies of the
            United States in East Asia.
              (D) Identification of the additional actions that the
            Republic of Korea can take to contribute more to its
            own security.
              (E) A discussion of the feasibility of restructuring
            United States military forces stationed in Okinawa with
            the objective of improving civil-military relations and
            increasing United States training opportunities.
              (F) A discussion of the status and prospects of
            negotiations between the United States and the Republic
            of the Philippines on the continued use of United
            States military installations in the Republic of the
            Philippines.
              (G) An assessment of whether a requirement still
            exists for a regional security role for United States
            forces stationed in the Republic of Korea.
      (3) The report required by this subsection shall also include
    a five-year plan with respect to the United States military
    presence in the Republic of Korea, including a discussion of
    the feasibility and desirability of the following:
              (A) Partial, gradual reductions in the number of
            United States military personnel stationed in the
            Republic of Korea.
              (B) Larger offsets by the Republic of Korea for the
            direct costs incurred by the United States in deploying
            military forces in defense of the Republic of Korea.
              (C) The relocation of United States military
            personnel and facilities within the Republic of Korea
            that can be made to reduce friction between such
            personnel and the people of the Republic of Korea.
              (D) Changes in the United Nations and United States-
            Republic of Korea bilateral command arrangements that
            would facilitate a transfer of certain military
            missions and command to the Republic of Korea.
              (E) Confidence-building measures that could be
            promoted in northeast Asia to lessen tensions in the
            region.
              (F) Additional actions the Republic of Korea could
            take to assume more responsibility for its own
            security.
      (d) Congressional Committees To Receive Reports.--The
    congressional committees referred to in this section are the
    congressional defense committees, the Committee on Foreign
    Relations of the Senate, and the Committee on Foreign Affairs
    \14\ of the House of Representatives.
    ---------------------------------------------------------------------------
        \14\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

                         Part C--Expenditures in Europe

    SEC. 921. LIMITATION ON EXPENDITURES FOR RELOCATION OF FUNCTIONS
                        LOCATED AT TORREJON AIR BASE, MADRID, SPAIN

      (a) Limitation.--During the period beginning on June 27,
    1989, and ending on October 1, 1993, not more than $360,000,000
    may be obligated or expended from funds available to the
    Department of Defense for the purpose of relocating functions
    of the Department of Defense located at Torrejon Air Base,
    Madrid, Spain, on June 15, 1989, to any other location outside
    the United States.
      (b) Counting of NATO Infrastructure Contributions.--For
    purposes of subsection (a), contributions for the North
    Atlantic Treaty Organization Infrastructure program pursuant to
    section 2806 of title 10, United States Code, that are used
    (directly or indirectly) for the purpose of relocations
    described in subsection (a) shall be included in determining
    the amount expended on such relocations.
      (c) Counting of Repayments for NATO Infrastructure Family
    Housing Commitments.--(1) All amounts which the United States
    is obligated to pay under a housing reimbursement agreement
    described in paragraph (2) shall be deemed to be amounts
    obligated for purposes of subsection (a), regardless of when
    the agreement is entered into or when payments pursuant to the
    agreement are to be made.
      (2) A housing reimbursement agreement for purposes of
    paragraph (1) is an agreement calling for the United States to
    make a series of annual payments as repayment for advances for
    the cost of construction, through the NATO Infrastructure
    program, of military family housing in connection with the
    relocations described in subsection (a).
      (d) Exclusion for Personnel Expenses.--There shall be
    excluded from the determination of amounts expended on
    relocations described in subsection (a) amounts spent for
    expenses associated with permanent change of station moves and
    other personnel-related expenses.

    SEC. 922. SENSE OF CONGRESS CONCERNING UNITED STATES MILITARY
                        FACILITIES IN NATO MEMBER COUNTRIES

      (a) NATO Policy.--It is the sense of Congress that the North
    Atlantic Treaty Organization (NATO) should adopt as its policy
    the following views expressed by the North Atlantic Assembly in
    its 1987 report entitled ``NATO in the 1990s'':
              (1) The member nations of NATO should examine further
            measures that could be taken to relieve the United
            States from the burdens of its military presence in
            Europe.
              (2) Such nations should consider the provision of
            base facilities for allied forces and equipment as a
            part of their national contributions to Western
            security.
              (3) Such nations should not expect compensation for
            providing facilities that the NATO alliance decides are
            essential to implement NATO security strategy.
              (4) All wealthier member nations of NATO should
            assist Portugal, Greece, and Turkey to ensure that NATO
            remains politically, economically, and militarily
            strong in its southern region as well as in its central
            and northern regions.
      (b) United States Payment for Use of Base Facilities in NATO
    Countries.--It is further the sense of Congress that the United
    States should not provide economic or security assistance to
    any NATO member nation as compensation or rent for the use of
    base facilities in that nation.

                      Part D--Cooperative Agreements \15\

              * * * * * * *
    ---------------------------------------------------------------------------
        \15\ Secs. 931 through 933 of Part D added or redesignated secs.
    2350a-2350f to title 10, United States Code, and made conforming
    amendments to previous years' defense authorization legislation.
    ---------------------------------------------------------------------------

    SEC. 934.\16\ TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE EXCESS DEFENSE
                        ARTICLES FOR THE MODERNIZATION OF DEFENSE
                        CAPABILITIES OF COUNTRIES ON NATO SOUTHERN AND
                        SOUTHEASTERN FLANKS * * *

    SEC. 935. AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED
                        PROFESSIONAL MILITARY EDUCATION INSTITUTION OUTSIDE
                        THE UNITED STATES

      (a) Authority.--The United States Army Russian Institute in
    Garmisch-Partenkirchen, Federal Republic of Germany, shall be
    treated for purposes of section 544 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2347c) as if it were located in the
    United States.
    ---------------------------------------------------------------------------
        \16\ Sec. 934 amended sec. 516(a) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2321j(a)).
    ---------------------------------------------------------------------------
      (b) Expiration of Authority.--Subsection (a) shall cease to
    be in effect upon the enactment in foreign assistance
    authorizing legislation of an amendment to section 544 of the
    Foreign Assistance Act of 1961 that provides the same authority
    as is provided by subsection (a).
              * * * * * * *

                 TITLE X--MATTERS RELATING TO ARMS CONTROL \17\

              * * * * * * *
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------

       TITLE XII--MILITARY DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

    SEC. 1201. FUNDING FOR MILITARY DRUG INTERDICTION AND COUNTER-DRUG
                        ACTIVITIES

      (a) In General.--(1) Of the amounts appropriated pursuant to
    this Act for the Department of Defense for fiscal year 1990,
    not more than $450,000,000 shall be available from the sources
    and in the amounts specified in paragraph (2) for carrying out
    the drug interdiction and counter-drug activities provided for
    in this title.
      (2) The amounts and sources referred to in paragraph (1) are
    as follows:
              (A) $182,000,000 of the amounts appropriated pursuant
            to title I for fiscal year 1990.
              (B) $28,000,000 of the amounts appropriated pursuant
            to title II for fiscal year 1990.
              (C) $235,000,000 of the amounts appropriated pursuant
            to title III for fiscal year 1990.
              (D) $5,000,000 of the amounts appropriated pursuant
            to division B for land acquisition and construction.
      (b) Operations of the Department of Defense.--Of the amount
    made available under subsection (a), $284,000,000 shall be
    available to carry out the mission of the Department of Defense
    relating to drug interdiction and counter-drug activities
    (other than purposes specified in subsections (c) through (g)).
      (c) National Guard.--Of the amount made available under
    subsection (a), $70,000,000 shall be available to provide funds
    under section 1207 for the purpose of drug interdiction by, and
    counter-drug activities of, the National Guard.
      (d) Integration of C3I Assets.--Of the amount made available
    under subsection (a), $27,000,000 shall be available to carry
    out the activities of the Department of Defense under section
    1204.
      (e) Research and Development.--Of the amount made available
    under subsection (a), $28,000,000 shall be available to carry
    out research and development activities referred to in section
    1205.
      (f) Civil Air Patrol.--Of the amount made available under
    subsection (a), $1,000,000 shall be available to support Civil
    Air Patrol activities under section 1209.
      (g) Other Assistance.--Of the amount made available under
    subsection (a), $40,000,000 shall be available to carry out the
    authority of the Secretary under section 1212 to provide
    additional counter-drug support to civilian agencies.

    SEC. 1202.\18\ DEPARTMENT OF DEFENSE AS LEAD AGENCY FOR THE DETECTION
                        AND MONITORING OF AERIAL AND MARITIME TRANSIT OF
                        ILLEGAL DRUGS * * *

    ---------------------------------------------------------------------------
        \18\ Sec. 1202 added sec. 124 to 10 U.S.C. Sec. 1202 also repealed
    sec. 1102 of the National Defense Authorization Act, Fiscal Year 1989
    (Public Law 100-456; 102 Stat. 2042).
    ---------------------------------------------------------------------------

    SEC. 1203. BUDGET PROPOSALS RELATING TO DRUG INTERDICTION AND COUNTER-
                        DRUG ACTIVITIES

      The budget of the United States Government submitted to
    Congress under section 1105 of title 31, United States Code,
    for fiscal years 1991 and 1992 shall set forth separately the
    amount requested for the mission of the Department of Defense
    related to drug interdiction and counter-drug activities in
    support of civilian agencies.

    SEC. 1204. COMMUNICATIONS NETWORK

      (a) Integration of Network.--(1) The Secretary of Defense
    shall integrate into an effective communications network the
    command, control, communications, and technical intelligence
    assets of the United States that are dedicated (in whole or in
    part) to the interdiction of illegal drugs into the United
    States.
      (2) The Secretary shall carry out this subsection in
    consultation with the Director of National Drug Control Policy.
      (b) Conforming Repeal.--Section 1103 of the National Defense
    Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
    Stat. 2042), is repealed.

    SEC. 1205. RESEARCH AND DEVELOPMENT

      The Secretary of Defense shall ensure that adequate research
    and development activities of the Department of Defense,
    including research and development activities of the Defense
    Advanced Research Projects Agency, are devoted to technologies
    designed to improve--
              (1) the ability of the Department to carry out the
            detection and monitoring function of the Department
            under section 124 of title 10, United States Code, as
            added by section 1202; and
              (2) the ability to detect illicit drugs and other
            dangerous and illegal substances that are concealed in
            containers.

    SEC. 1206. TRAINING EXERCISES IN DRUG-INTERDICTION AREAS

      (a) Exercises Required.--The Secretary of Defense shall
    direct that the armed forces, to the maximum extent
    practicable, shall conduct military training exercises
    (including training exercises conducted by the reserve
    components) in drug-interdiction areas.
      (b) Report.--(1) Not later than February 1 of 1991 and 1992,
    the Secretary shall submit to Congress a report on the
    implementation of subsection (a) during the preceding fiscal
    year.
      (2) The report shall include--
              (A) a description of the exercises conducted in drug-
            interdiction areas and the effectiveness of those
            exercises in the national counter-drug effort; and
              (B) a description of those additional actions that
            could be taken (and an assessment of the results of
            those actions) if additional funds were made available
            to the Department of Defense for additional military
            training exercises in drug-interdiction areas for the
            purpose of enhancing interdiction and deterrence of
            drug smuggling.
      (c) Drug-Interdiction Areas Defined.--For purposes of this
    section, the term ``drug-interdiction areas'' includes land and
    sea areas in which, as determined by the Secretary, the
    smuggling of drugs into the United States occurs or is believed
    by the Secretary to have occurred.

    SEC. 1207.\19\ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE
                        NATIONAL GUARD * * *
    ---------------------------------------------------------------------------

        \19\ Sec. 1207 added a new 32 U.S.C. 112.
        \20\ Sec. 1033(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) repealed sec.
    1208, which had authorized the transfer of excess Department of Defense
    personal property for other Federal and State agencies' counter-drug
    activities. See 10 U.S.C. 2576a.
    ---------------------------------------------------------------------------

    SEC. 1208.\20\ * * * [REPEALED--1996]

    SEC. 1209. CIVIL AIR PATROL

      To the extent funds are available under section 1201(f), the
    Secretary of Defense shall pay for expenses incurred by the
    Civil Air Patrol in conducting drug surveillance flights.

    SEC. 1210.\21\ OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN LAW
                        ENFORCEMENT PERSONNEL * * *

    SEC. 1211.\22\ RESTRICTION ON DIRECT PARTICIPATION BY MILITARY
                        PERSONNEL * * *

    SEC. 1212. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES

      At the request of the head of a Federal agency with counter-
    drug responsibilities, the Secretary of Defense during fiscal
    year 1990 may provide support for the counter-drug activities
    of that agency as follows:
    ---------------------------------------------------------------------------
        \21\ Sec. 1210 amended sec 374(b)(2)(E) of 10 U.S.C.
        \22\ Sec. 1211 amended sec. 375 of 10 U.S.C.
    ---------------------------------------------------------------------------
              (1) Maintenance and repair of equipment that has been
            made available by the Department of Defense under
            chapter 18 of title 10, United States Code, in order to
            preserve the potential future utility of such equipment
            to the Department of Defense.
              (2) Transportation of personnel, supplies, and
            equipment for purposes of facilitating a counter-drug
            operation.
              (3) Establishment and operation of a base of
            operations for purposes of facilitating a counter-drug
            operation.
              (4) Loan of National Guard equipment, subject to such
            minimum standards of care and maintenance and such
            minimum training and proficiency requirements for
            persons who are to use such equipment as the Secretary
            considers appropriate.
              (5) Training of personnel.

    SEC. 1213. REPORTS

      (a) By the President.--Not later than April 1, 1990, the
    President shall submit to Congress a report--
              (1) describing the progress made on implementation of
            the plan required by section 1103 of the National
            Defense Authorization Act, Fiscal Year 1989 (10 U.S.C.
            374 note);
              (2) containing an analysis of the feasibility of
            establishing a National Drug Operations Center for the
            integration, coordination, and control of all drug
            interdiction operations; and
              (3) describing how intelligence activities relating
            to narcotics trafficking can be integrated, including--
                      (A) coordinating the collection and analysis
                    of intelligence information;
                      (B) ensuring the dissemination of relevant
                    intelligence information to officials with
                    responsibility for narcotics policy and to
                    agencies responsible for interdiction,
                    eradication, law enforcement, and other
                    counter-drug activities; and
                      (C) coordinating and controlling all
                    intelligence activities relating to counter-
                    drug activities.
      (b) By the Secretary of Defense.--(1) Not later than February
    1, 1990, the Secretary of Defense shall submit a report to
    Congress--
              (A) on the specific drug-related research and
            development projects to be funded, and the planned
            allocation of funding for such projects, under section
            1205;
              (B) on the feasibility of detailing officers in the
            Judge Advocate General's Corps of the military
            departments to the Department of Justice to assist in
            the prosecution of drug cases in areas in which there
            is a lack of sufficient prosecutorial resources;
              (C) on the feasibility of increasing the use of the
            resources and personnel of the Special Operations
            Command in drug interdiction and counter-drug
            activities; and
              (D) on the desirability and feasibility of assigning
            active-duty members of the Armed Forces, at the request
            of the Secretary of the Treasury and with the approval
            of the Secretary of Defense, to assist the United
            States Customs Service in the inspection of cargo,
            vehicles, vessels, and aircraft at points of entry into
            the United States.
    In preparing the report required by this paragraph, the
    Secretary shall consult with the Director of National Drug
    Control Policy and other appropriate heads of agencies.
      (2) Not later than April 1, 1990, the Secretary of Defense
    shall submit a report to Congress on--
              (A) the feasibility of establishing aerial and
            maritime navigational corridors by which civilian
            aircraft and vessels may travel through drug
            interdiction areas, as defined in section 1206(c);
              (B) the feasibility of requiring the submission of
            navigational plans for all civilian aircraft and
            vessels that will travel in such areas; and
              (C) the funding considered necessary to implement a
            plan to carry out the matters referred to in
            subparagraphs (A) and (B).
    In preparing the report required by this paragraph, the
    Secretary shall consult with the Secretary of Transportation
    and the Director of National Drug Control Policy.
      (3) Not later than February 1 of 1990 and 1991, the Secretary
    of Defense shall submit to Congress a report on the drug
    interdiction and counter-drug activities of the Department of
    Defense under chapter 18 of title 10,\23\ United States Code,
    and other applicable provisions of law during the preceding
    fiscal year. The report shall include--
    ---------------------------------------------------------------------------
        \23\ Sec. 1484(h)(8) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1718), inserted ``of
    title 10'' here.
    ---------------------------------------------------------------------------
              (A) specific information as to the size, scope, and
            results of Department of Defense drug interdiction
            operations;
              (B) specific information on the nature and terms of
            interagency agreements with other agencies relating to
            drug interdiction; and
              (C) any recommendations for additional legislation
            that the Secretary determines would assist in
            furthering the ability of the Department to perform its
            mission under that chapter or to assist other agencies.

    SEC. 1214. SENSE OF CONGRESS ON NATIONAL NARCOTICS BORDER INTERDICTION
                        SYSTEM

      (a) Findings.--Congress finds the following:
              (1) The Anti-Drug Abuse Act of 1988 (Public Law 100-
            690) terminated the National Narcotics Border
            Interdiction System (NNBIS).
              (2) The National Narcotics Border Interdiction System
            provided valuable information and support to State and
            local law enforcement agencies involved in drug
            interdiction activities.
      (b) Sense of Congress.--In light of the findings specified in
    subsection (a), it is the sense of Congress that the
    cooperation that existed between State and local law
    enforcement officials and the Federal agencies participating in
    the National Narcotics Border Interdiction System should, to
    the extent possible, be continued and enhanced by the
    President.
              * * * * * * *

                         TITLE XVI--GENERAL PROVISIONS

                      Part A--Financial and Budget Matters

              * * * * * * *

    SEC. 1606. THREE-MONTH \24\ DELAY IN ANY CHANGE IN POLICY RESPECTING
                        REIMBURSEMENT OF DEPARTMENT OF DEFENSE FUNDS FOR
                        SALARIES OF MEMBERS OF THE ARMED FORCES ASSIGNED TO
                        DUTY IN CONNECTION WITH FOREIGN MILITARY SALES
                        PROGRAMS

      (a) Three-Month \24\ Delay.--Charges for administrative
    services calculated under section 21(e) of the Arms Export
    Control Act (22 U.S.C. 2761(e)) \25\ in connection with the
    sale of defense articles or defense services may not exclude
    recovery of administrative expenses incurred by the Department
    of Defense before January 1, 1990,\24\ that are attributable to
    salaries of members of the Armed Forces if the recovery of such
    administrative expenses would have been allowed under the law
    in effect on September 30, 1989. Reimbursement of Department of
    Defense military personnel appropriation accounts for the value
    of services provided during the first quarter of fiscal year
    1990 \24\ in connection with the sale of defense articles or
    defense services may not be denied or limited except to the
    extent permitted under the law in effect on September 30, 1989.
    ---------------------------------------------------------------------------
        \24\ Sec. 9104(d) of the Department of Defense Appropriations Act,
    1990 (Public Law 101-165; 103 Stat. 1152), amended this section by 1)
    striking out ``one-year'' and inserting in lieu thereof ``three-
    month''; 2) striking out ``October 1, 1990'' and inserting in lieu
    thereof ``January 1, 1990''; and 3) striking out ``fiscal year 1990''
    and inserting in lieu thereof ``the first quarter of fiscal year
    1990''.
        \25\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------
      (b) Statutory Construction.--A provision of law enacted after
    the date of the enactment of this Act may not be construed as
    modifying or superseding this section unless that provision
    specifically refers to this section and specifically states
    that such provision of law modifies or supersedes this section.
              * * * * * * *

       Part C--Technical Corrections and General Technical and Clerical
                                   Amendments

              * * * * * * *

    SEC. 1624. REPORT ON RECURRING PROVISIONS OF DEFENSE APPROPRIATIONS ACT

      (a) Report.--Not later than April 1, 1990, the Secretary of
    Defense shall submit to the defense committees of Congress a
    report on recurring provisions of law enacted in the General
    Provisions title of the Department of Defense Appropriations
    Act, 1990.
      (b) Matters To Be Included.--With respect to each provision
    covered by the report, the report shall indicate the following:
              (1) When the provision (or a substantially similar
            provision) was first included in an annual Department
            of Defense Appropriations Act.
              (2) The original policy reason (as nearly as the
            Secretary can determine) for the inclusion of such a
            provision.
              (3) The Secretary's assessment as to whether that
            reason still pertains and whether there are additional
            policy reasons for the continuing inclusion of the
            provision in annual Acts making appropriations for the
            Department of Defense.
              (4) The Secretary's recommendation as to whether the
            policy of that provision should continue to be provided
            by law and, if the recommendation is that the policy
            should not continue to be provided by law, a detailed
            statement of the reasons for such recommendation.
              (5) In the case of each provision which the Secretary
            recommends under paragraph (4) should continue to be
            provided by law, the recommendation of the Secretary as
            to whether such provision should continue to be
            included in annual Acts making appropriations for the
            Department of Defense or whether it would be desirable
            for Congress to enact such provision as permanent law
            and, if the recommendation is that the policy should
            not be enacted as permanent law, a detailed statement
            of the reasons for such recommendation.
      (c) Draft of Proposed Legislation.--The report shall include
    a draft of proposed legislation for the codification into title
    10, United States Code, or other appropriate statutes of those
    provisions covered by the report which the Secretary recommends
    (under subsection (b)(5)) would be desirable for Congress to
    enact as permanent law.
      (d) Update of Earlier Report.--The report shall be an update
    of the report submitted by the General Counsel of the
    Department of Defense pursuant to section 1267 of the
    Department of Defense Authorization Act, 1984 (Public Law 98-
    94; 97 Stat. 705).
      (e) Definitions.--For purposes of this section:
              (1) The term ``defense committees of Congress'' means
            the Committees on Armed Services and the Committees on
            Appropriations of the Senate and House of
            Representatives.\26\
    ---------------------------------------------------------------------------
        \26\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) The term ``recurring provision'' means a
            provision of an appropriations Act which (1) is not
            permanent law, and (2) has been enacted in
            substantially the same form in previous Acts making
            appropriations for the same purpose.

                             Part D--Miscellaneous

    SEC. 1631. STUDY OF PROTECTION OF UNITED STATES CIVIL AVIATION FROM
                        TERRORIST ACTIVITIES OVERSEAS

      (a) Study.--The Secretary of Defense shall conduct a study on
    the feasibility and desirability of the United States, at the
    request of a foreign government, deploying military personnel
    or providing military equipment in areas under the jurisdiction
    of that government to assist that government in the protection
    of United States civil aviation interests from terrorist
    activity. The study should also undertake to determine what
    programs of the Department of Defense (1) have application to
    enhancing civil aviation security, and (2) could be quickly
    adopted by the Federal Aviation Administration for that
    purpose.
      (b) Research and Development Matters To Be Studied.--The
    study shall include a review of United States Government
    programs concerning research and development in areas relating
    to explosives detection, terrorist identification, and anti-
    terrorist operations.
      (c) Interagency Coordination.--The study shall be conducted
    in consultation with the Secretary of State and the
    Administrator of the Federal Aviation Administration.
      (d) Submission of Report.--The Secretary shall submit to
    Congress a report on the study (including the Secretary's
    findings, conclusions, and recommendations) within six months
    after the date of enactment of this Act.
              * * * * * * *

    SEC. 1638. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
                        KIDNAPPING AND MURDER OF LIEUTENANT COLONEL HIGGINS

      (a) Findings.--Congress makes the following findings:
              (1) The radical, Lebanese-based terrorist
            organization which calls itself the ``Organization of
            the Oppressed of the Earth'' announced on July 31,
            1989, that it had executed Lieutenant Colonel William
            R. Higgins, a United States Marine assigned for service
            with the United Nations in the U.N. Truce Supervision
            Organization (UNTSO), who was kidnapped in southern
            Lebanon on February 17, 1988.
              (2) That organization claimed to have executed
            Lieutenant Colonel Higgins in response to the capture
            on July 28, 1989, by Israeli commandos of a radical
            Muslim Shiite leader, Sheik Abdul Karim Obeid, believed
            to be associated with that organization.
              (3) That organization released to certain news
            agencies a videotape showing Lieutenant Colonel Higgins
            killed by hanging, though many forensic experts believe
            the videotape indicates that the person shown did not
            die from hanging.
              (4) The kidnapping of Lieutenant Colonel Higgins, who
            was engaged only in carrying out the legitimate United
            Nations peacekeeping activities to which he had been
            assigned, was wholly unjustified.
              (5) It is absolutely clear that the kidnapping and
            the murder of Lieutenant Colonel Higgins were
            outrageous acts of terrorism that deserve the
            condemnation of all civilized people.
              (6) There is strong evidence that the Government of
            Iran has supported the organization responsible for
            Lieutenant Colonel Higgins' kidnapping and murder, as
            well as other terrorist and extremist forces inside
            Lebanon and throughout the Middle East.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) Congress is outraged by the kidnapping and murder
            of Lieutenant Colonel Higgins and condemns those
            actions as barbaric, cowardly, and utterly incompatible
            with the standards of conduct upheld by civilized
            people;
              (2) the President should use all available resources
            of the United States Government, including diplomatic
            and intelligence channels, to determine the identity of
            those persons responsible for the kidnapping and murder
            and the details regarding those terrorist acts;
              (3) the President should determine whether it would
            be possible to identify and bring to justice, or to
            retaliate against, those persons responsible for the
            kidnapping and murder in a manner consistent with
            United States and international legal requirements that
            would reduce the risk to Americans from terrorism;
              (4) the President should take strong and decisive
            action, possibly including the use of military force,
            to prevent or respond to acts of international
            terrorism. Such actions should be taken in concert with
            other nations where practicable, but the President
            should be prepared to act unilaterally, if necessary;
              (5) the United States should make clear to the new
            leadership in Iran (A) that the United States will not
            tolerate a continuation of past policies of support of
            groups which undertake terrorist actions against
            American citizens or direct assaults on American vital
            interests in the Middle East or elsewhere, and (B) that
            if such support should continue, the United States will
            hold the authorities in Iran accountable for that
            support and act accordingly;
              (6) the Secretary General of the United Nations
            should take all necessary steps to help ensure that the
            body of Lieutenant Colonel Higgins is returned to his
            country and family and that those responsible for his
            kidnapping and murder are immediately brought to
            justice;
              (7) the President should engage in urgent and
            continuing diplomatic contacts with all other
            governments concerning their policies and actions which
            might have relevance to the interests of the United
            States Government or increase the vulnerability of the
            United States citizens to attacks by terrorists; and
              (8) the President should continue to consult with
            other nations to ensure international cooperation and
            coordination to end terrorist attacks.

    SEC. 1639. REPORTS ON CONTROLS ON TRANSFER OF MISSILE TECHNOLOGY AND
                        CERTAIN WEAPONS TO OTHER NATIONS

      (a) * * *
      (b) Report on Manpower Required To Implement Export Controls
    on Certain Weapons Transfers.--(1) Not later than February 1,
    1990, the Secretary of Defense shall submit to Congress a
    report relating to Department of Defense manpower required to
    implement export controls on certain weapons transfers. In the
    report, the Secretary shall--
              (A) identify the role of the Department of Defense in
            implementing export controls on nuclear, chemical, and
            biological weapons;
              (B) describe the number and skills of personnel
            currently available in the Department of Defense to
            perform such role; and
              (C) assess the adequacy of the level of personnel
            resources described in subparagraph (B) for the
            effective performance of such role.
      (2) The report required by paragraph (1) shall identify the
    total number of current Department of Defense full-time
    employees or military personnel, and the grades of such
    personnel and the special knowledge, experience, and expertise
    of such personnel, required to carry out each of the following
    activities of the Department in implementing export controls on
    nuclear, chemical, and biological weapons:
              (A) Review of private-sector export license
            applications and government-to-government cooperative
            activities.
              (B) Intelligence analysis and activities.
              (C) Policy coordination.
              (D) International liaison activity.
              (E) Technology security operations.
              (F) Technical review.
      (3) The report shall include the Secretary's assessment of
    the adequacy of staffing in each of the categories specified in
    subparagraphs (A) through (F) of paragraph (2) and shall make
    recommendations concerning measures, including legislation if
    necessary, to eliminate any identified staffing deficiencies
    and to improve interagency coordination with respect to
    implementing export controls on nuclear, chemical, and
    biological weapons.
      (c) Report on Missile Technology Control Regime
    Enforcement.--(1) The Secretary of Defense shall include in the
    report under subsection (b) information concerning the Missile
    Technology Control Regime (MTCR). In the report, the Secretary
    shall review the existing regulations covering the issues
    addressed by the MTCR and shall assess whether those
    regulations--
              (A) appropriately cover each item listed in the MTCR
            annex; and
              (B) sufficiently stress consideration of ultimate end
            use of an item as a factor in issuance of export
            licenses with respect to that item.
      (2) In the report, the Secretary shall also assess whether,
    in the case of a request for an export license involving a
    country that is considered to be a suspect country for purposes
    of the regime, or involving a commodity that is considered to
    be a suspect commodity for purposes of the regime, sufficient
    information on that request is brought to the attention of the
    Department of Defense before such a license is issued and, if
    not, what measures could be taken to improve Department of
    Defense oversight of the issuance of export licenses in such
    cases.
      (3) In the report, the Secretary may also address whatever
    other initiatives for the enforcement of the regime the
    Secretary considers would help strengthen the regime.

    SEC. 1640. REVIEWS AND REPORTS ON DECONTROL OF CERTAIN PERSONAL
                        COMPUTERS

      (a) Reviews.--The Secretary of Defense and the Secretary of
    Commerce shall each conduct an independent review on the
    foreign availability of the personal computers known as AT-
    compatible microcomputers. Each Secretary, in conducting his
    review, shall, at a minimum, determine the availability of such
    microcomputers from sources other than member nations of the
    Coordinating Committee for Multilateral Export Controls or
    other nations that control the export of such computers. The
    Secretary of Defense, in conducting his review, also shall
    assess the military significance of such microcomputers for the
    Soviet Union and its Warsaw Pact allies.
      (b) Reports.--The Secretary of Defense and the Secretary of
    Commerce shall each submit to the Committee on Banking,
    Housing, and Urban Affairs of the Senate, the Committee on
    Foreign Affairs of the House of Representatives, and the
    Committees on Armed Services of the Senate and House of
    Representatives \27\ a report containing the results of the
    respective reviews required by subsection (a).
    ---------------------------------------------------------------------------
        \27\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
      (c) Deadline for Reports.--The reports required by subsection
    (b) shall be submitted not later than January 1, 1990.
              * * * * * * *
               y. Department of Defense Appropriations Act, 1991

        Partial text of Public Law 101-511 [H.R. 5803], 104 Stat. 1856,
    approved November 5, 1990; amended by Public Law 102-172 [Department of
    Defense Appropriations Act, 1992; H.R. 2521], 105 Stat. 1150, approved
        November 26, 1991; and by Public Law 102-190 [National Defense
      Authorization for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat.
                        1290, approved December 5, 1991

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 1991, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 1991, for military functions administered by the
    Department of Defense, and for other purposes, namely:
              * * * * * * *

                                   TITLE VIII

                               GENERAL PROVISIONS

              * * * * * * *

                         (including transfer of funds)

      Sec. 8104.\1\ SECTION 1. This section establishes the
    National Commission on Defense and National Security.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 401 note. As enrolled.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS.

      The Congress makes the following findings:
              (1) Recent revolutionary world events require a
            fundamental reassessment of the defense and national
            security policies of the United States.
              (2) Emerging democracies around the world will
            require political, technical, and economic assistance,
            as well as military assistance, from the developed free
            nations in order to thrive and to become productive
            members of the world community.
              (3) Real and potential military threats to the United
            States and its allies will continue to exist for the
            foreseeable future from not just the Soviet Union but
            also from terrorism and from Third World nations.
              (4) Proliferation of both sophisticated conventional
            weapons and of nuclear weapons could produce a world
            more dangerous than we have faced in the past.
              (5) Ethnic rivalries as well as economic inequalities
            may produce instabilities that could spark serious
            conflict.
              (6) In order to formulate coherent national policies
            to meet these challenges of a new world environment, it
            is essential for the United States to achieve a
            bipartisan consensus such as that which emerged
            following World War II.
              (7) Such a consensus can be fostered by the
            development of policy recommendations from a highly
            respected group of individuals who do not bear a
            partisan label and who possess critical expertise and
            experience.

    SEC. 3. ESTABLISHMENT.

      There is established a commission to be known as National
    Commission on Defense and National Security (hereinafter in
    this Act referred to as the ``Commission''). The Commission is
    established until 30 days following submission of the final
    report required by section 6 of this section.\2\
    ---------------------------------------------------------------------------
        \2\ The second sentence was added by sec. 8078(1) of Public Law
    102-172 (105 Stat. 1190).
    ---------------------------------------------------------------------------

    SEC. 4. DUTIES OF COMMISSION.

      (a) In General.--The Commission shall analyze and make
    recommendations to the President and Congress concerning the
    national security and national defense policies of the United
    States.
      (b) Matters To Be Analyzed.--Matters to be analyzed by the
    Commission shall include the following:
              (1) The world-wide interests, goals, and objectives
            of the United States that are vital to the national
            security of the United States.
              (2) The political, economic, and military
            developments around the world and the implications of
            those developments for United States national security
            interests, including--
                      (A) the developments in Eastern Europe and
                    the Soviet Union;
                      (B) the question of German unification;
                      (C) the future of NATO and European economic
                    integration;
                      (D) the future of the Pacific Basin; and
                      (E) potential instability resulting from
                    regional conflicts or economic problems in the
                    developing world.
              (3) The foreign policy, world-wide commitments, and
            national defense capabilities of the United States
            necessary to deter aggression and implement the
            national security strategy of the United States,
            including the contribution that can be made by
            bilateral and multilateral political and economic
            associations in promoting interests that the United
            States shares with other members of the world
            community.
              (4) The proposed short-term uses of the political,
            economic, military, and other elements of national
            power for the United States to protect or promote the
            interests and to achieve the goals and objectives
            referred to in paragraph (1).
              (5) Long-term options that should be considered
            further for a number of potential courses of world
            events over the remainder of the century and into the
            next century.

    SEC. 5. MEMBERSHIP.

      (a) Number and Appointment.--The Commission shall be composed
    of 10 members, as follows:
              (1) Three appointed by the President.
              (2) Three appointed by the Speaker of the House of
            Representatives.
              (3) One appointed by the minority leader of the House
            of Representatives.
              (4) Two appointed by the majority leader of the
            Senate.
              (5) One appointed by the minority leader of the
            Senate.
      (b) Qualifications.--Persons appointed to the Commission
    shall be persons who are not officers or employees of the
    Federal Government (including Members of Congress) and who are
    specially qualified to serve on the Commission by virtue of
    their education, training, or experience.
      (c) Terms.--Members shall be appointed for the life of the
    Commission. A vacancy in the Commission shall be filled in the
    manner in which the original appointment was made.
      (d) Basic Pay.--Members of the Commission shall serve without
    pay.
      (e) Quorum.--A majority of the members of the Commission
    shall constitute a quorum, but a lesser number may hold
    hearings.
      (f) Chairman and Vice Chairman.--The Chairman of the
    Commission shall be designated by the President from among the
    members appointed by the President. The Vice Chairman of the
    Commission shall be designated by the Speaker of the House of
    Representatives from among the members appointed by the
    Speaker.
      (g) Meetings.--The Commission shall meet at the call of the
    Chairman or a majority of its members.
      (h) Deadline for Appointments.--Members of the Commission
    shall be appointed not later than the end of the 30-day period
    beginning on the date of the enactment of this Act.

    SEC. 6. REPORTS.

      (a) Initial Report.--The Commission shall transmit to the
    President and to Congress an initial report not later than six
    months after the date on which the Commission is first
    constituted with a quorum.
      (b) \3\ Final Report.--The Commission shall transmit to the
    President and to Congress a final report one year following \4\
    submission of the initial report under subsection (a).
    ---------------------------------------------------------------------------
        \3\ Sec. 8078(2)(i)(A) of Public Law 102-172 (105 Stat. 1190)
    struck out ``Subsequent Annual Reports'' and inserted in lieu thereof
    ``Final Report''.
        \4\ Sec. 8078(2)(i)(B) of Public Law 102-172 (105 Stat. 1190)
    struck out ``an annual report for each of the first five years
    following the'' and inserted in lieu thereof ``a final report one year
    following''. Sec. 8078(2)(C) struck out a second sentence in subsec.
    (b), which had read: ``Each such report shall update the previous
    report under this section.''.
    ---------------------------------------------------------------------------
      (c) Contents of Reports.--The report under subsection (b) \5\
    shall contain a detailed statement of the findings and
    conclusions of the Commission concerning the matters to be
    studied by the Commission under section 4, together with its
    recommendations for such legislation and administrative actions
    as it considers appropriate. Such \5\ report shall include a
    comprehensive description and discussion of the matters set
    forth in section 4.
    ---------------------------------------------------------------------------
        \5\ Sec. 8078(2)(ii)(A) of Public Law 102-172 (105 Stat. 1190)
    struck out ``Each report under this section'' and inserted in lieu
    thereof ``The report under subsection (b)'' in the first sentence. Sec.
    8078(2)(ii)(B) struck out ``Each such'' and inserted in lieu thereof
    ``such'' in the second sentence.
    ---------------------------------------------------------------------------
      (d) Reports To Be Unclassified.--Each such report shall be
    submitted in unclassified form.
      (e) Additional and Minority Views.--Each report may include
    such additional and minority views as individual members of the
    Commission may request be included.

    SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

      (a) Director.--The Commission shall, without regard to
    section 5311(b) of title 5, United States Code, have a Director
    who shall be appointed by the Chairman and who shall be paid at
    a rate not to exceed the maximum rate of basic pay payable for
    GS-18 of the General Schedule.
      (b) Staff.--The Chairman may appoint and fix the pay of such
    additional personnel as the Chairman considers appropriate.
      (c) Applicability of Certain Civil Service Laws.--The
    Director and staff of the Commission may be appointed without
    regard to the provisions of title 5, United States Code,
    governing appointments in the competitive service, and may be
    paid without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of such title relating to
    classification and General Schedule pay rates, except that no
    individual so appointed may receive pay in excess of the annual
    rate of basic pay payable for GS-18 of the General Schedule.
      (d) Experts and Consultants.--Subject to such rules as may be
    prescribed by the Commission, the Chairman may procure
    temporary and intermittent services under section 3109(b) of
    title 5 of the United States Code, but at rates for individuals
    not to exceed the daily equivalent of the maximum annual rate
    of basic pay payable for GS-18 of the General Schedule.
      (e) Staff of Federal Agencies.--Upon request of the
    Commission, the head of any Federal agency may detail, on a
    reimbursable basis, any of the personnel of such agency to the
    Commission to assist the Commission in carrying out its duties
    under this Act.

    SEC. 8. POWERS OF COMMISSION.

      (a) Hearings and Sessions.--The Commission may, for the
    purpose of carrying out this Act, hold such hearings, sit and
    act at such times and places, take such testimony, and receive
    such evidence, as the Commission considers appropriate.
      (b) Powers of Members and Agents.--Any member or agent of the
    Commission may, if so authorized by the Commission, take any
    action which the Commission is authorized to take by this
    section.
      (c) \6\ Obtaining Official Data.--The Chairman or a designee
    on behalf of the Commission may request information necessary
    to enable the Commission to carry out this Act directly from
    any department or agency of the United States.
    ---------------------------------------------------------------------------
        \6\ Sec. 8078(3) of Public Law 102-172 (105 Stat. 1190) amended and
    restated subsec. (c).
    ---------------------------------------------------------------------------
      (d) Gifts.--The Commission may accept, use, and dispose of
    gifts or donations of services or property.
      (e) Mails.--The Commission may use the United States mails in
    the same manner and under the same conditions as other
    departments and agencies of the United States.
      (f) Administrative Support Services.--The Administrator of
    General Services shall provide to the Commission on a
    reimbursable basis such administrative support services as the
    Commission may request.

    SEC. 9. INITIAL FUNDING OF COMMISSION.

      If funds are not otherwise available for the necessary
    expenses of the Commission for fiscal year 1991, the Secretary
    of Defense shall make available to the Commission, from funds
    available to the Secretary for the fiscal year concerned, such
    funds as the Commission requires. When funds are specifically
    appropriated for the expenses of the Commission, the Commission
    shall reimburse the Secretary from such funds for any funds
    provided to it under the preceding sentence.
      Sec. 8105.\7\ Contributions by Japan to the Support of United
    States Forces in Japan.--
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 113 note. See also sec. 1455 of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
    1695).
    ---------------------------------------------------------------------------
      (a) Permanent Ceiling on United States Armed Forces in
    Japan.--After September 30, 1990, funds appropriated pursuant
    to an appropriation contained in this Act or any subsequent Act
    may not be used to support an end strength level of all
    personnel of the Armed Forces of the United States stationed in
    Japan at any level in excess of 50,000.
      (b) Annual Reduction in Ceiling Unless Support Furnished.--
    Unless the President certifies to Congress before the end of
    each fiscal year that Japan has agreed to offset for that
    fiscal year the direct costs incurred by the United States
    related to the presence of all United States military personnel
    in Japan, excluding the military personnel title costs, the end
    strength level for that fiscal year of all personnel of the
    Armed Forces of the United States stationed in Japan may not
    exceed the number that is 5,000 less than such end strength
    level for the preceding fiscal year.
      (c) Sense of Congress.--It is the sense of Congress that all
    those countries that share the benefits of international
    security and stability should share in the responsibility for
    that stability and security commensurate with their national
    capabilities. The Congress also recognizes that Japan has made
    a substantial pledge of financial support to the effort to
    support the United Nations Security Council resolutions on
    Iraq. The Congress also recognizes that Japan has a greater
    economic capability to contribute to international security and
    stability than any other member of the international community
    and wishes to encourage Japan to contribute commensurate with
    that capability.
      (d) Exceptions.--(1) This section shall not apply in the
    event of a declaration of war or an armed attack on Japan.
      (2) The President may waive the limitation in this section
    for any fiscal year if he declares that it is in the national
    interest to do so and immediately \8\ informs Congress of the
    waiver and the reasons for the waiver.\9\
    ---------------------------------------------------------------------------
        \8\ Sec. 1063(b) of Public Law 102-190 (105 Stat. 1476) corrected
    the spelling of ``immediately''.
        \9\ In a memorandum of May 14, 1991, for the Secretary of Defense,
    the President stated: ``Consistent with section 8105(d)(2) of the
    Department of Defense Appropriation Act, 1991 (Public Law 101-511; 104
    Stat. 1856), I hereby waive the limitation in section 8105(b) which
    states that the end strength level for each fiscal year of all
    personnel of the Armed Forces of the United States stationed in Japan
    may not exceed the number that is 5,000 less than such end strength
    level for the preceding fiscal year, and declare that it is in the
    national interest to do so.'' (56 F.R. 23991; May 28, 1991).
    ---------------------------------------------------------------------------
      (e) Effective Date.--This section shall take effect on the
    date of enactment of this Act.
              * * * * * * *
      This Act may be cited as the ``Department of Defense
    Appropriations Act, 1991''.
            z. National Defense Authorization Act, Fiscal Year 1989

        Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918,
         approved September 29, 1988; as amended by Public Law 100-463
       [Department of Defense Appropriations Act, Fiscal Year 1989; H.R.
      4781], 102 Stat. 2270, approved October 1, 1988; Public Law 100-526
    [Defense Authorization Amendments and Base Closure and Realignment Act,
    S. 2749], 102 Stat. 2623, approved October 24, 1988; Public Law 101-189
      [National Defense Authorization Act for Fiscal Years 1990 and 1991,
    H.R. 2461], 103 Stat. 1352, approved November 29, 1989; Public Law 102-
      484 [National Defense Authorization Act for Fiscal Year 1993; H.R.
     5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-199
      [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17,
    1993; Public Law 105-85 [National Defense Authorization Act for Fiscal
      Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 1997;
    Public Law 108-136 [National Defense Authorization Act for Fiscal Year
          2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 1989 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year for the Armed Forces, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE

        This Act may be cited as the ``National Defense
    Authorization Act, Fiscal Year 1989''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS

        This Act is organized into two divisions as follows:
              (1) Division A--Department of Defense and other
            National Defense Authorizations.
              (2) Division B--Military Construction Authorizations.
              * * * * * * *

    SEC. 4. STATUTORY CONSTRUCTION

        (a) Order of Enactment With Appropriations Act.--In
    applying any rule of statutory construction, the provisions of
    this Act shall be deemed to have been enacted before the
    provisions of the Department of Defense Appropriations Act,
    1989, (regardless of the actual dates of enactment
    concerned).\1\
    ---------------------------------------------------------------------------
        \1\ The Department of Defense Appropriations Act, 1989, was enacted
    October 1, 1989.
    ---------------------------------------------------------------------------
        (b) Termination of Referenced Authorization Provision.--If
    this Act is enacted after the Department of Defense
    Appropriations Act, 1989--
              (1) section 10001 of that Act shall cease to be
            effective upon the enactment of this Act; and
              (2) subject to subsection (a), this Act shall be
            deemed for all purposes to have been enacted on the
            date of the enactment of such Act.

         DIVISION A--DEPARTMENT OF DEFENSE AND OTHER NATIONAL DEFENSE
                                 AUTHORIZATIONS

              * * * * * * *

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

                             Part E--Other Programs

              * * * * * * *

    SEC. 243. REPORT ON SPACE CONTROL CAPABILITIES

        (a) Report.--Not later than the date on which the President
    submits the budget for fiscal year 1990 to Congress under
    section 1105 of title 31, United States Code, the Secretary of
    Defense shall submit to the Committees on Armed Services of the
    Senate and the House of Representatives \2\ a comprehensive
    report on space control capabilities of the Armed Forces.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (b) Content of Report.--The report shall include the
    following matters:
              (1) A description of requirements for space control
            capabilities related to deterrence and warfighting
            objectives, including space surveillance and anti-
            satellite capabilities, that have been validated by the
            Chairman of the Joint Chiefs of Staff and transmitted
            to the commander of the United States Space Command.
              (2) A net assessment of the space control
            capabilities of the United States and the Soviet Union.
              (3) An assessment of current deficiencies in United
            States space control capabilities and recommendations
            for overcoming those deficiencies.
              (4) A 5-year plan for improving ground- and space-
            based surveillance systems and their associated
            command, control, and communications systems and the
            cost and schedule for implementing the plan.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                    Part A--Authorizations of Appropriations

              * * * * * * *

    SEC. 303. HUMANITARIAN ASSISTANCE

        (a) Purpose.--The amount authorized in section 301 \3\ for
    humanitarian assistance shall be used for the purpose of
    providing transportation for humanitarian relief for persons
    displaced or who are refugees because of the invasion of
    Afghanistan by the Soviet Union. Of the amount authorized in
    such section for such purpose, not more than $3,000,000 may be
    used for distribution of humanitarian relief supplies to the
    non-Communist resistance organization at or near the border
    between Thailand and Cambodia.
    ---------------------------------------------------------------------------
        \3\ Sec. 301 of this Act authorized $13,000,000 for humanitarian
    assistance. Sec. 301 of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1352),
    authorized $13,000,000 for humanitarian assistance, and sec. 304
    reiterated this section and required the Secretary of Defense to
    annually report on the provision of humanitarian assistance under this
    law.
    ---------------------------------------------------------------------------
        (b) Authority To Transfer Funds.--The Secretary of Defense
    may transfer to the Secretary of State not more than $3,000,000
    of the funds appropriated pursuant to the authorization in
    section 301 for humanitarian assistance to provide for (1)
    paying for administrative costs of providing the transportation
    described in subsection (a), and (2) the purchase or other
    acquisition of transportation assets for the distribution of
    relief supplies in the country of destination.
        (c) Transportation Under Direction of the Secretary of
    State.--Transportation provided with funds appropriated
    pursuant to the authorization in section 301 for humanitarian
    assistance shall be under the direction of the Secretary of
    State.
        (d) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to the authorization in section 301 for humanitarian assistance
    shall be by the most economical commercial or military means
    available, unless the Secretary of State determines that it is
    in the national interest of the United States to use means
    other than the most economical means available. Such means may
    include the use of aircraft and personnel of the reserve
    components of the Armed Forces.
        (e) Availability of Funds.--Amounts appropriated pursuant
    to the authorization in section 301 for humanitarian assistance
    shall remain available until expended, to the extent provided
    in appropriation Acts.
        (f) \4\ Reports.--* * * [Repealed--1989]
    ---------------------------------------------------------------------------
        \4\ Sec. 304(f)(5) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1410)
    repealed subsec. (f), which had required the Secretary of Defense to
    submit to the Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and Foreign Affairs of the
    House of Representatives several reports on the funds obligated for
    humanitarian relief under various humanitarian relief laws. Similar
    reports are now required by sec. 303 of the National Defense
    Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
    1525).
    ---------------------------------------------------------------------------
              * * * * * * *

                              Part B--Limitations

              * * * * * * *

    SEC. 313.\5\ PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN
                        MILITARY EXCHANGE STORES

        (a) Prohibition.--During the three-year period beginning on
    the date of the enactment of this Act, no product manufactured
    or assembled by Toshiba America, Incorporated, or Toshiba
    Corporation (or any of its affiliates or subsidiaries) may be
    purchased by the Department of Defense for the purpose of
    resale of such product in a military exchange store or in any
    other morale, welfare, recreation, or resale activity operated
    by the Department of Defense (either directly or by
    concessionaire).
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. app. 2410a note.
    ---------------------------------------------------------------------------
        (b) Exception.--The prohibition in subsection (a) shall not
    apply to microwave ovens manufactured or assembled in the
    United States.

    SEC. 314. LIMITATION ON FUNDING FOR UNITED STATES SOUTHERN COMMAND
                        AIRLIFT

        Funds appropriated for operation and maintenance for the
    Air Force for fiscal year 1989 may not be obligated or expended
    in connection with any contract for aircraft with short takeoff
    and landing capability until--
              (1) the Secretary of Defense approves a requirements
            document and an acquisition plan, including costs and
            schedule information, for an aircraft with short
            takeoff and landing capability for the United States
            Southern Command; and
              (2) the Secretary of Defense submits both the
            document and the plan to the Committees on Armed
            Services of the Senate and the House of
            Representatives.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

                 TITLE VIII--ACQUISITION POLICY AND MANAGEMENT

              * * * * * * *

                        Part B--Defense Industrial Base

              * * * * * * *

    SEC. 825. DEPARTMENT OF DEFENSE OFFSET POLICY

        (a) \7\ Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \7\ 10 U.S.C. 2505 note.
    ---------------------------------------------------------------------------
              (1) Many contracts entered into by United States
            firms for the supply of weapon systems or defense-
            related items to foreign countries and foreign firms
            are subject to contractual arrangements under which
            United States firms must agree--
                      (A) to have a specified percentage of work
                    under, or monetary amount of, the contract
                    performed by one or more foreign firms;
                      (B) to purchase a specified amount or
                    quantity of unrelated goods or services from
                    domestic sources of such foreign countries; or
                      (C) to invest a specified amount in domestic
                    businesses of such foreign countries.
            Such contractual arrangements, known as ``offsets'',
            are a component of international trade and could have
            an impact on United States defense industry
            opportunities in domestic and foreign markets.
              (2) Some United States contractors and subcontractors
            may be adversely affected by such contractual
            arrangements.
              (3) Many contracts which provide for or are subject
            to offset arrangements require, in connection with such
            arrangements, the transfer of United States technology
            to foreign firms.
              (4) The use of such transferred technology by foreign
            firms in conjunction with foreign trade practices
            permitted under the trade policies of the countries of
            such firms can give foreign firms a competitive
            advantage against United States firms in world markets
            for products using such technology.
              (5) A purchase of defense equipment pursuant to an
            offset arrangement may increase the cost of the defense
            equipment to the purchasing country and may reduce the
            amount of defense equipment that a country may
            purchase.
              (6) The exporting of defense equipment produced in
            the United States is important to maintain the defense
            industrial base of the United States, lower the unit
            cost of such equipment to the Department of Defense,
            and encourage the standardized utilization of United
            States equipment by the allies of the United States.
        (b) Amendment to Title 10.\8\ * * *
    ---------------------------------------------------------------------------
        \8\ Sec. 825(b) added a new sec. 2505 to 10 U.S.C., concerning U.S.
    defense technology transfer and notifications.
    ---------------------------------------------------------------------------
        (c) \9\ Negotiations.--(1) The President shall enter into
    negotiations with foreign countries that have a policy of
    requiring an offset arrangement in connection with the purchase
    of defense equipment or supplies from the United States. The
    negotiations should be conducted with a view to achieving an
    agreement with the countries concerned that would limit the
    adverse effects that such arrangements have on the defense
    industrial base of each such country. Every effort shall be
    made to achieve such agreements within two years after
    September 29, 1988; \10\
    ---------------------------------------------------------------------------
        \9\ 10 U.S.C. 2505 note.
        \10\ Sec. 816 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1501) amended sec.
    825(c) by transferring the text of para. (2) to the end of para. (1);
    by striking ``the date of the enactment of this Act.'' at the end of
    that sentence and inserting in lieu thereof ``September 29, 1988''; and
    by inserting a new para. (2).
    ---------------------------------------------------------------------------
        (2) \10\ In the negotiation or renegotiation of any
    memorandum of understanding between the United States and one
    or more foreign countries relating to the reciprocal
    procurement of defense equipment and supplies or research and
    development, the President shall make every effort to achieve
    an agreement with the country or countries concerned that would
    limit the adverse effects that offset arrangements have on the
    defense industrial base of the United States.
        (d) Reports.--(1) Not later than November 15, 1988, the
    President shall submit to Congress a comprehensive report on
    contractual offset arrangements required of United States firms
    for the supply of weapon systems or defense-related items to
    foreign countries or foreign firms. Such report shall include,
    at a minimum, the following:
              (A) An analysis of the amount and type of contractual
            offsets required of United States firms by the
            governments of foreign countries or by foreign firms.
              (B) An assessment of the benefits for and costs to
            United States manufacturers of defense products at all
            tiers that result from requirements of foreign
            governments for contractual offset arrangements in the
            case of products procured from United States firms.
              (C) An assessment of the benefits for and the costs
            to United States manufacturers of defense products at
            all tiers that would result from restriction of the
            ability of foreign governments or foreign firms to
            require contractual offsets in the case of defense
            products procured from United States firms.
              (D) An assessment of the benefits and costs of a
            United States policy that requires reciprocal offsets
            in the procurement of defense products from those
            countries whose governments have a policy of requiring
            contractual offsets in the case of defense products
            procured from United States firms.
              (E) An assessment of the impact that elimination of
            contractual offset requirements in international sales
            of defense products would have on the national security
            of the United States.
              (F) Recommendations for a national policy with
            respect to contractual offset arrangements.
              (G) A preliminary discussion of the actions referred
            to in paragraph (2).
        (2) Not later than March 15, 1990, the President shall
    transmit to Congress a report containing a discussion of
    appropriate actions to be taken by the United States with
    respect to purchases from United States firms by a foreign
    country (or a firm of that country) when that country or firm
    requires an offset arrangement in connection with the purchase
    of defense equipment or supplies in favor of such country. The
    report shall include a discussion of the following possible
    actions:
              (A) A requirement for an offset in favor of the
            United States or United States firms in any case in
            which the Department of Defense or any other department
            or agency of the United States purchases goods from
            such foreign country or a firm of such country.
              (B) A demand for offset credits from such foreign
            country to be used, to the extent practicable, to meet
            offset obligations of United States firms to such
            foreign country or to a firm of such country.
              (C) A reduction in assistance furnished such foreign
            country by the United States.
              (D) A requirement for alternative equivalent
            advantages in the case of any such foreign country or a
            firm of such country if the United States does not
            purchase a sufficient volume of goods from such country
            or firm for a requirement described in subparagraph (A)
            to be effective.
        (3) The President shall report to Congress at least once
    each year, for a period of 4 years, on the progress of the
    negotiations referred to in subsection (c). The first such
    report shall be submitted not later than one year after the
    date of the enactment of this Act.
        (4) In this subsection, the terms ``United States firm''
    and ``foreign firm'' have the same meanings as are provided in
    section 2505(d) of title 10, United States Code, as added by
    subsection (b).
              * * * * * * *

                TITLE IX--MATTERS RELATING TO ARMS CONTROL \11\
    ---------------------------------------------------------------------------

        \11\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec F.
    ---------------------------------------------------------------------------
              * * * * * * *

          TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

    SEC. 1001. INCREASE IN ANNUAL DOLLAR LIMITATION ON ACQUISITION AND
                        CROSS-SERVICING AGREEMENTS WITH ALLIED COUNTRIES *
                        * *

              * * * * * * *

    SEC. 1002.\12\ AUTHORITY TO WAIVE SURCHARGES ON CERTAIN SALES TO NORTH
                        ATLANTIC TREATY ORGANIZATION * * *
    ---------------------------------------------------------------------------

        \12\ Sec. 1002 amended sec. 21(e) of the Arms Export Control Act
    (22 U.S.C. 2761(e)). For text, see Legislation on Foreign Relations
    Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1003.\13\ AUTHORITY OF MILITARY DEPARTMENTS TO LOAN AND BORROW
                        FROM CERTAIN ALLIES MATERIALS, SUPPLIES, AND
                        EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES * *
                        *
    ---------------------------------------------------------------------------

        \13\ Sec. 1003 amended chapter 6 of the Arms Export Control Act (22
    U.S.C. 2796c). For text, see Legislation on Foreign Relations Through
    2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1004.\14\ SENSE OF CONGRESS ON NEED FOR MODERNIZATION OF THEATER
                        NUCLEAR CAPABILITIES OF NATO

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) The security of the North Atlantic Treaty
            Organization (NATO) alliance will continue for the
            foreseeable future to rely on a modern and credible
            nuclear deterrent.
              (2) NATO should make every effort to achieve the goal
            of raising the threshold for the use of nuclear weapons
            in the event of a conflict in Europe.
              (3) While recognizing that there is a critical need
            for improvements in conventional forces, Congress also
            recognizes that the United States will have to devote
            defense resources in the future to the continuing
            modernization of the theater nuclear capabilities of
            NATO.
              (4) The modernization of the theater nuclear
            capabilities of NATO is a continuing process and stems
            from the 1983 Montebello decision by NATO to reduce the
            stockpile of nuclear weapons in Europe while taking
            steps to ensure that the remaining nuclear weapons of
            the alliance are responsive, survivable, and effective.
              (5) Programs to modernize theater nuclear forces,
            which had a high priority for NATO before the
            ratification of the Intermediate-range Nuclear Forces
            (INF) Treaty, are at least as important following the
            ratification of that treaty in May 1988.
              (6) The NATO Nuclear Planning Group recently
            reaffirmed its endorsement of development by the United
            States of a new missile for delivery of theater nuclear
            weapons as a follow-on to the current Lance missile,
            with a view toward an eventual decision on deployment
            of such a follow-on missile.
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that--
              (1) modernization of the theater nuclear capabilities
            of the North Atlantic Treaty Organization is essential
            to the deterrence strategy of the NATO alliance,
            particularly in light of the requirements of the
            Intermediate-range Nuclear Forces (INF) Treaty for the
            destruction of intermediate-range nuclear weapons;
              (2) continued modernization by the United States of
            theater nuclear capabilities should be undertaken in
            close consultation with other NATO member nations; and
              (3) the United States should proceed with ongoing
            activities to meet the identified requirement of the
            NATO alliance for development of a new missile for
            delivery of theater nuclear weapons as a follow-on to
            the Lance missile.

    SEC. 1005. REPORT ON NATO DEFENSE PROGRAM FOR FISCAL YEAR 1990

        (a) Report.--The Secretary of Defense shall submit to
    Congress a report setting forth in detail the programs of the
    Department of Defense in support of the North Atlantic Treaty
    Organization (referred to as the ``NATO Defense Program'') for
    fiscal year 1990. The report shall include--
              (1) an identification of each such program by program
            element; and
              (2) a description of each such program and the level
            of funding requested by the President for each such
            program in the budget for fiscal year 1990.
        (b) Submission of Report.--The report under subsection (a)
    shall be submitted in conjunction with the submission to
    Congress of the President's budget for fiscal year 1990
    pursuant to section 1105 of title 31, United States Code.

    SEC. 1006.\15\ IMPROVEMENT IN DEFENSE RESEARCH AND PROCUREMENT LIAISON
                        WITH ISRAEL

        The Secretary of Defense, in consultation with the Under
    Secretary of Defense for Acquisition, shall designate for duty
    in Israel an individual or individuals to serve as the primary
    liaison between the procurement and research and development
    activities of the United States Armed Forces and those of the
    State of Israel.
    ---------------------------------------------------------------------------
        \15\ 10 U.S.C. 133 note.
    ---------------------------------------------------------------------------

    SEC. 1007.\16\ MODIFICATION OF REQUIREMENT CONCERNING DESIGNATION OF
                        MAJOR NON-NATO ALLIES * * *
    ---------------------------------------------------------------------------

        \16\ Sec. 1007 amended sec. 1105(f) of the National Defense
    Authorization Act for Fiscal Year 1987 (22 U.S.C. 2767a). Sec. 1105 was
    repealed in 1989.
    ---------------------------------------------------------------------------

    SEC. 1008. CALL FOR CONTINUED DEFENSE BURDENSHARING DISCUSSIONS WITH
                        ALLIES

        It is the sense of Congress that the President should
    continue the discussions (called for by Congress in section
    1254(b)(1) of Public Law 100-204) with countries which
    participate in mutual defense alliances with the United States,
    especially the member nations of the North Atlantic Treaty
    Organization and Japan, for the purpose of reaching an
    agreement for a more equitable distribution of the burden of
    financial support for the alliances.

    SEC. 1009. CONTRIBUTIONS BY JAPAN TO GLOBAL STABILITY

        (a) Findings.--The Congress makes the following findings:
              (1) As noted by Congress in section 1012(a)(1) of
            Public Law 100-180 and in section 812(a)(1) of Public
            Law 99-93,\17\ the alliance of the United States and
            Japan is the foundation for the security of Japan and
            peace in the Far East and is a major contributing
            factor to the democratic freedoms and the economic
            prosperity enjoyed by both the United States and Japan.
    ---------------------------------------------------------------------------
        \17\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. D.
    ---------------------------------------------------------------------------
              (2) In keeping with the declaration made at the 1983
            meeting in Williamsburg, Virginia, of the leaders of
            the leading industrialized democracies that ``the
            security of our countries is indivisible and must be
            approached on a global basis'', the Government of
            Japan, in actions welcomed by the United States--
                      (A) continues to fulfill the pledge made by
                    the Prime Minister of Japan in May 1981 to
                    develop the capabilities to defend the
                    territory of Japan and the airspace and
                    sealanes around Japan to a distance of 1,000
                    nautical miles by 1990,
                      (B) has increased the amount of assistance
                    provided to other countries during fiscal year
                    1988 by 6.5 percent over the amount of such
                    assistance provided during fiscal year 1987,
                    and
                      (C) is, according to recent reports, actively
                    involved in increasing its contributions to the
                    stability of the Republic of the Philippines.
              (3) Japan could, because of its recent history and
            economic status, best fulfill a politically acceptable
            and significant role in maintaining the security of the
            leading industrialized democracies by increasing
            spending for its Official Development Assistance
            program in the manner described by Congress in section
            1012(b) of Public Law 100-180.
              (4) The failure of the United States and Japan to
            agree on the appropriate level of the contribution by
            Japan to maintaining the security of the leading
            industrialized democracies could weaken the long-term
            vitality, effectiveness, and cohesion of the alliance
            between the United States and Japan.
        (b) \18\ Annual Report.--The Secretary of Defense shall
    include with the annual report submitted pursuant to section
    1003 of Public Law 98-525 (22 U.S.C. 1928 note) a report on the
    Official Development Assistance program of the Government of
    Japan. Such report shall be prepared each year in coordination
    with the Secretary of State and the Administrator of the Agency
    for International Development and shall include a description
    of the amount and nature of spending under such program by
    recipient, including distinguishing between grant aid, loans,
    and credits.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
        (c) Policy on Discussions With Japan.--It is the sense of
    Congress that in the discussions with Japan referred to in
    section 1008 for the purpose of reaching a more equitable
    distribution of the burden of financial support for the
    security of the leading industrialized democracies, the
    objective of such discussions should include the establishment
    of a schedule for increases in spending under Japan's Official
    Development Assistance program and its defense programs so
    that, by 1992, the level of spending on those programs (stated
    as a percentage of gross national product) will approximate the
    average of the levels of spending by the member nations of the
    North Atlantic Treaty Organization on official development
    assistance and defense programs (stated as a percentage of
    their respective gross national products).
        (d) Report.--Not later than 180 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    report on the progress of the discussions described in
    subsection (c) with respect to Japan.
        (e) Further Congressional Action.--It is the sense of
    Congress that if, in the judgment of Congress, the report of
    the President under subsection (d) does not reflect substantial
    progress toward a more equitable distribution of the burden of
    maintaining the security of the leading industrialized
    democracies, Congress should review the extent of the
    distribution of the mutual security burden between the United
    States and Japan and should consider whether additional
    legislation is appropriate.
    ---------------------------------------------------------------------------
        \19\ Sec. 1101 amended sec. 113 of 10 U.S.C. by adding to the end a
    new subsec. (l).
        \20\ Sec. 1202 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) inserted a new
    sec. 124 to 10 U.S.C., titled ``Detection and Monitoring of aerial and
    maritime transit of illegal drugs; Department of Defense to be lead
    agency'', and repealed sec. 1102.
    ---------------------------------------------------------------------------

            TITLE XI--DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT

    SEC. 1101.\19\ ANNUAL GUIDELINES TO THE MILITARY DEPARTMENTS * * *

    SEC. 1102.\20\ LEAD AGENCY FOR DETECTION * * * [REPEALED--1989]

    SEC. 1103.\21\ COMMUNICATIONS NETWORK * * * [REPEALED--1989]

    SEC. 1104.\22\ ENHANCED DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT
                        BY THE DEPARTMENT OF DEFENSE * * *

              * * * * * * *
    ---------------------------------------------------------------------------
        \21\ Sec. 1204 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564) repealed sec.
    1103.
        \22\ Sec. 1104 amended chapter 18 of 10 U.S.C., secs. 371 through
    380.
    ---------------------------------------------------------------------------

    SEC. 1107. REPORTS

        (a) Proposals.--Not later than December 1, 1988, the
    President shall submit to Congress a report containing--
              (1) legislative proposals to enhance the capability
            of the Department of Defense to perform the functions
            provided for in this title and in the amendments made
            by this title; and
              (2) estimates of the amounts necessary to carry out
            such proposals.
        (b) Radar Coverage and Southern Border.--(1) The President
    shall submit to the Committees on Armed Services of the Senate
    and the House of Representatives \23\ a report assessing the
    potential effect on drug interdiction and on the drug abuse
    problem in the United States of--
    ---------------------------------------------------------------------------
        \23\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (A) carrying out radar coverage along the southern
            border of the United States; and
              (B) pursuing drug smugglers detected by such radar
            coverage with rotor-wing and fixed-wing aircraft of the
            Department of Defense and of civilian law enforcement
            agencies.
        (2) The President shall include in such report an
    assessment of the relative effectiveness--
              (A) of carrying out the operations described in
            clauses (A) and (B) of paragraph (1) on a full-time
            basis;
              (B) of carrying out such operations only during the
            hours of darkness; and
              (C) the feasibility and cost of carrying out such
            operations under each of the conditions specified in
            clauses (A) and (B).
        (3) The report under paragraph (1) shall be submitted not
    later than 30 days after the date of the enactment of this Act.
        (c) Pursuit by Aircraft.--(1) Not later than 15 days after
    the date of the enactment of this Act, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate
    and the House of Representatives \24\ a report containing the
    following information:
    ---------------------------------------------------------------------------
        \24\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (A) The total number of times suspected drug
            smugglers flying aircraft into the United States have
            been pursued by aircraft operated by or with the
            support of personnel of the Department of Defense under
            the authority of section 374(c)(2)(B) of title 10,
            United States Code, as in effect on the day before the
            date of the enactment of this Act.
              (B) The number of times civilian law enforcement
            officials were present at the location and at the time
            the suspected drug smugglers were forced to land their
            aircraft in the United States as a result of the
            pursuit of the aircraft operated by or with the support
            of Department of Defense personnel.
              (C) The number of times such officials were not
            present at the location and at the time such suspected
            smugglers were forced to land their aircraft in the
            United States.
        (2) Not later than one year after the date of the enactment
    of this Act, the Secretary of Defense shall submit to such
    committees a report containing the following information:
              (A) The total number of times suspected drug
            smugglers described in paragraph (1) have been pursued
            into the United States by aircraft operated by or with
            the support of Department of Defense personnel under
            the authority of section 374(b)(2)(C) of title 10, as
            amended by section 1104.
              (B) The number of times civilian law enforcement
            officials were present at the location and at the time
            the suspected drug smugglers were forced to land their
            aircraft in the United States as a result of the
            pursuit of the aircraft operated by or with the support
            of Department of Defense personnel.
              (C) The number of times such officials were not
            present at the location and at the time such suspected
            smugglers were forced to land their aircraft in the
            United States as a result of the pursuit of the
            aircraft operated by or with the support of Department
            of Defense personnel.
              (D) Such other information and such recommendations
            as the Secretary considers appropriate regarding the
            use of Department of Defense personnel for purposes
            authorized in section 374(b) of title 10, United States
            Code, as amended by section 1104.

                         TITLE XII--GENERAL PROVISIONS

              * * * * * * *

                             Part D--Miscellaneous

              * * * * * * *

    SEC. 1232.\25\ REASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABILITY
                        FROM MOUNT ALTO EMBASSY SITE * * * [REPEALED--1993]
    ---------------------------------------------------------------------------

        \25\ Repealed by sec. 502(d) of the FRIENDSHIP Act (Public Law 103-
    199; 107 Stat. 2326).
    ---------------------------------------------------------------------------
              * * * * * * *

                     TITLE XIII--FOREIGN RELATIONS MATTERS

    SEC. 1301. SENSE OF CONGRESS CONCERNING THE PANAMA CANAL AND THE UNITED
                        STATES SOUTHERN COMMAND

        (a) Findings.--The Congress finds that--
              (1) the security of, and the free flow of shipping
            through, the Panama Canal are vital interests of the
            United States; and
              (2) the continued ability of the United States
            Southern Command (which currently has its headquarters
            in the Republic of Panama) to carry out assigned
            missions, especially the mission of defense of the
            Panama Canal, is essential to protecting and promoting
            the interests of the United States.
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that the President
    should take all steps necessary to ensure the continued ability
    of the United States Southern Command (or any successor
    command) to carry out assigned missions, especially the mission
    of defense of the Panama Canal.

    SEC. 1302.\26\ LIMITATION ON ASSISTANCE TO PANAMANIAN DEFENSE FORCE

        (a) Limitation.--The President may not use any funds
    appropriated to or for the use of any department, agency, or
    other entity of the United States for the purpose of providing
    assistance to the Panamanian Defense Force. The limitation in
    the preceding sentence shall cease to apply upon the submission
    by the President to Congress of a certification by the
    President--
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              (1) that no armed forces of the Soviet Union, the
            Republic of Cuba, or the Republic of Nicaragua are
            present in the Republic of Panama (other than military
            attaches accredited to the Republic of Panama); and
              (2) that General Manuel Noriega has relinquished
            command of the Panamanian Defense Force and no longer
            holds any official position of leadership (either
            military or civilian) in the Republic of Panama.
        (b) Clarification.--Subsection (a) does not prohibit the
    President from obligating or expending any funds necessary
    for--
              (1) the defense of the Panama Canal,
              (2) the collection of intelligence,
              (3) the maintenance of United States Armed Forces in
            the Republic of Panama, or
              (4) the protection of United States interests in the
            Republic of Panama.
        (c) Report.--Not later than 30 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    detailed report, in both classified and unclassified form,
    indicating--
              (1) whether (and to what extent) military,
            paramilitary, or intelligence personnel of the Soviet
            Union, Cuba, or Nicaragua are present in the Republic
            of Panama; and
              (2) whether (and to what extent) the Panamanian
            Defense Force has coordinated with, cooperated with,
            supported, or received support from, any such
            personnel.

    SEC. 1303. SENSE OF CONGRESS CONCERNING INDICTMENT OF GENERAL NORIEGA
                        OF PANAMA ON DRUG-RELATED CHARGES

        (a) Findings.--The Congress finds that--
              (1) General Manuel Noriega, the commander of the
            Panamanian Defense Force, was indicted on February 5,
            1988, in the United States District Courts for the
            Southern District and for the Middle District of
            Florida on a number of serious drug-related charges
            against the laws of the United States, including
            charges involving trafficking in illegal drugs,
            protecting and supporting drug traffickers, and
            laundering of drug-related money; and
              (2) there have been reports in the news media and
            from other sources that discussions between officials
            of the United States and General Noriega may have
            occurred concerning arrangements under which General
            Noriega would give up political power and leave the
            Republic of Panama in exchange for which the United
            States would file a motion to dismiss the indictments
            referred to in paragraph (1).
        (b) Sense of Congress.--It is the sense of Congress--
              (1) that the United States should not conduct or
            authorize any negotiations or discussions, and should
            not make any arrangements, with General Manuel Noriega
            which would involve any effort by the United States to
            dismiss the indictments referred to in subsection
            (a)(1); and
              (2) that any such negotiation, discussion, or
            arrangement--
                      (A) would be incompatible with the high
                    priority that the United States places on the
                    war on drugs;
                      (B) would not further the prospects for
                    restoring noncorrupt, democratic government to
                    the Republic of Panama; and
                      (C) would not serve the interests of the
                    United States.

    SEC. 1304. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO
                        NICARAGUA FOR COMBAT

        Congress hereby reaffirms the sense of Congress expressed
    in the first session of the 99th Congress (in section 1451 of
    the Department of Defense Authorization Act, 1986 (Public Law
    99-145; 99 Stat. 760)), that United States Armed Forces should
    not be introduced into or over Nicaragua for combat. However,
    nothing in this section shall be construed as affecting the
    authority and responsibility of the President or Congress under
    the Constitution, statutes, or treaties of the United States in
    force.

    SEC. 1305. HUMAN RIGHTS VIOLATIONS BY THE GOVERNMENT OF POLAND

        (a) Findings.--Congress makes the following findings:
              (1) The government of Poland, headed by General
            Wojciech Jaruzelski, has violated internationally
            recognized human rights of the people of Poland,
            including the right to peaceably assemble, the right to
            strike, the right to freely associate, and the right to
            due process.
              (2) The Jaruzelski government has retaliated against
            the justified, peaceful protests of workers at Nowa
            Huta, Poland, through the use of violence and force.
              (3) The Jaruzelski government has prosecuted and
            imprisoned a number of persons for politically related
            offenses.
              (4) The Jaruzelski government has to date refused to
            take steps which would guarantee the right of the
            people of Poland to participate in the management of
            the economy of Poland and has refused to accept the
            principle of pluralism in the national life of Poland.
        (b) Sense of Congress.--It is, therefore, the sense of
    Congress--
              (1) that the use of force against the workers of Nowa
            Huta and intimidation against other strikers in Poland
            should be condemned; and
              (2) that improvement in relations between the United
            States and Poland must be predicated on an improvement
            in internationally recognized human rights in Poland,
            including the release of political prisoners, steps
            toward trade union pluralism and the rights of
            independent trade unions to organize, and steps toward
            genuine national reconciliation and dialogue.

    SEC. 1306. CONDITIONS FOR SALE OR OTHER TRANSFER OF F-15 AIRCRAFT TO
                        SAUDI ARABIA

        (a) Notwithstanding any other provision of law, any sale or
    other transfer to Saudi Arabia by the United States of F-15
    aircraft shall be subject to the following conditions:
              (1) Any such F-15 aircraft sold or otherwise
            transferred to Saudi Arabia shall be limited to models
            A, B, C, and D.
              (2) The United States shall not sell or otherwise
            transfer to Saudi Arabia the F-15-E with a ground
            attack capability and shall not upgrade existing Saudi
            aircraft to that capability.
              (3) Saudi Arabia shall not possess more than 60 F-15
            aircraft at any time, except that additional
            replacement F-15 aircraft may be held in the United
            States, at the expense of Saudi Arabia, for shipment to
            Saudi Arabia only after the President notifies Congress
            that the existing inventory of F-15 aircraft held by
            Saudi Arabia is less than 60 and, then, only on a one-
            for-one replacement basis as each F-15 aircraft is
            totally removed from the inventory of Saudi Arabia.
        (b) \27\ The President may waive subsection (a) if the
    President certifies to Congress that such action is in the
    national interest.
    ---------------------------------------------------------------------------
        \27\ In a memorandum for the Secretary of State of August 8, 1990
    (55 F.R. 32591), the President certified ``that it is in the national
    interest of the United States to waive section 1306(a)''.
    ---------------------------------------------------------------------------

    SEC. 1307. RESTRICTION ON SALE OF DEFENSE ARTICLES TO CERTAIN NATIONS

        (a) Restriction.--During fiscal year 1989, the United
    States may not make any sale of defense articles subject to
    section 36(b) of the Arms Export Control Act (22 U.S.C.
    2776(b)) to any nation which has acquired intermediate-range
    ballistic missiles made by the People's Republic of China.
        (b) Presidential Certification.--(1) The restriction in
    subsection (a) shall cease to apply with respect to any nation
    which has acquired such missiles upon certification by the
    President to Congress that that nation does not have chemical,
    biological, or nuclear warheads for those missiles.
        (2) If the President makes a certification under paragraph
    (1) in the case of any nation, the President shall notify
    Congress promptly of any evidence that, after the date of such
    certification, such nation has acquired chemical, biological,
    or nuclear warheads for those missiles.

    SEC. 1308. UNITED STATES BASES IN THE REPUBLIC OF THE PHILIPPINES

        (a) Congressional Findings.--Congress makes the following
    findings:
              (1) The United States has maintained military bases
            in the Philippines since 1947 pursuant to the United
            States-Philippine Military Bases Agreement and
            maintained military bases in the Philippines for many
            years before that under other arrangements.
              (2) Clark Air Force Base, Subic Bay Naval Base, and
            the other United States military installations in the
            Philippines significantly promote the mutual interests
            of the United States and the Philippines and contribute
            to regional and global security.
              (3) These installations are also important to the
            development of democratic institutions and to economic
            progress in the Western Pacific and Southeast Asia.
              (4) The United States military installations in the
            Philippines employ a loyal and highly skilled cadre of
            Filipinos and make a substantial contribution to the
            Philippine economy.
              (5) The Military Bases Agreement as currently in
            effect has a fixed term lasting until September 16,
            1991, after which it continues in effect subject to
            termination by either party on one year's notice.
              (6) Pursuant to a 1979 amendment to that agreement,
            the President of the United States pledged to the
            Government of the Republic of the Philippines to
            undertake ``best efforts'' to obtain security
            assistance for the Philippines, and such pledge was
            reiterated by the President of the United States in
            1983 as part of a five-year review of the agreement.
              (7) The United States and the Republic of the
            Philippines are currently engaged in a second five-year
            review of the Military Bases Agreement.
              (8) Officials of the Government of the Republic of
            the Philippines have indicated to officials of the
            United States that the United States should
            significantly increase compensation for the use by the
            United States of military bases in the Philippines.
              (9) The provision of multilateral economic assistance
            to the Republic of the Philippines should be considered
            separately from the provision of security assistance by
            the United States to the Republic of the Philippines in
            return for United States basing rights in the
            Philippines.
        (b) Report on Facilities.--(1) The Secretary of Defense
    shall submit to Congress a report on the existing United States
    military facilities in the Republic of the Philippines. The
    report shall include analysis of the following:
              (A) The costs and benefits of maintaining those
            facilities, including the costs to the United States of
            the operation and maintenance of those facilities and
            any other costs associated with those facilities and
            the economic and social benefits and other benefits of
            those facilities to the Republic of the Philippines.
              (B) Potential alternative locations for those
            facilities.
              (C) The strategic value to the United States of
            having military facilities located in the Philippines
            and of having such facilities at the potential
            alternative locations considered.
              (D) The costs and benefits of relocating those
            facilities to the potential alternative locations,
            including--
                      (i) the cost to the United States of
                    operation and maintenance and other costs,
                      (ii) the economic, social, and other costs to
                    the Philippines, and
                      (iii) the economic, social, and other
                    benefits to the government and community at
                    each alternative location.
              (E) The availability of skilled indigenous personnel
            at the potential alternative locations and the cost of
            training such personnel to work at such installations.
        (2) The report shall be prepared in consultation with the
    Secretary of State and shall be submitted to Congress not later
    than six months after the date of the enactment of this Act.

    SEC. 1309.\28\ * * * [REPEALED--1992]
    ---------------------------------------------------------------------------

        \28\ Sec. 1074 of Public Law 102-484 (106 Stat. 2511) repealed sec.
    1309, which required an annual assessment of security at U.S. bases in
    the Philippines.
    ---------------------------------------------------------------------------

    SEC. 1310. ECONOMIC SANCTIONS AGAINST ETHIOPIA

        (a) Statements of Policy.--The Congress--
              (1) condemns the Government of Ethiopia for its
            blatant disregard for human life as demonstrated by its
            use of food as a weapon, its forced resettlement
            program, and its human rights record;
              (2) in the strongest terms possible, urges the
            Government of Ethiopia to allow foreign relief
            personnel to return to the north and to allow the
            international relief campaign to resume operations at
            its own risk, while retaining full control over its
            assets and having access to adequate aircraft and fuel;
              (3) in the strongest terms possible, urges rebel
            groups to cease attacks upon relief vehicles and relief
            distribution points and to respect the impartiality of
            the international relief campaign;
              (4) urges the President and the Secretary of State
            (through direct representations to the Government of
            Ethiopia and certain rebel groups and through sustained
            multilateral initiatives involving other Western
            donors, the United Nations, and the Organization of
            African Unity) to focus world pressure and opinion upon
            the combatants in northern Ethiopia, to press for an
            ``open roads/own risk'' policy that will facilitate the
            resumption of international relief efforts in the
            north, to press the Government of Ethiopia and the
            rebel groups to reach a pragmatic, enduring political
            settlement, and to press the Government of Ethiopia to
            implement genuine and effective reform of its failed
            agricultural policies; and
              (5) urges the President and the Secretary of State to
            engage in direct discussion with the Soviet Union in
            order that the peaceful resolution of the crisis in
            northern Ethiopia becomes a high priority of the Soviet
            Union and that the approach of the Soviet Union is
            consistent with that of the West.
        (b) Sanctions.--(1) Notwithstanding any other provision of
    law, the President is authorized to, and is hereby strongly
    urged to, impose such economic sanctions upon Ethiopia as the
    President determines to be appropriate (subject to paragraphs
    (2) and (3)) if, at any time after the date of the enactment of
    this Act, the Government of Ethiopia engages in any of the
    following outrages:
              (A) Forced resettlement.
              (B) Forced confinement in any resettlement camp.
              (C) Diversion of international relief to the
            military.
              (D) Denial of international relief to any persons at
            risk because of famine.
              (E) Seizure of international relief assets provided
            by the United States.
              (F) Prohibition of end-use monitoring of food
            distribution by international relief personnel.
        (2) In imposing sanctions pursuant to paragraph (1) on
    imports from Ethiopia, the President shall give priority
    consideration to those products which constitute major imports
    from Ethiopia, unless the President determines that sanctions
    against such products would have an adverse effect on economic
    interests of the United States.
        (3) If a sanction imposed pursuant to paragraph (1)
    involves the prohibition or curtailment of exports to Ethiopia,
    that sanction may only be imposed under the authority and
    subject to the requirements of section 6 of the Export
    Administration Act of 1979.
        (c) Reports to Congress.--Not more than 15 days after the
    date of the enactment of this Act and at the end of each 90-day
    period thereafter, the President shall submit to Congress a
    report stating whether or not, during the 90-day period
    preceding the date of the report, the Government of Ethiopia
    engaged in any conduct described in subsection (b). Each such
    report shall describe the response of the United States to any
    such conduct.
        (d) Regulation Authority.--The President shall issue such
    regulations, licenses, and orders as are necessary to implement
    any sanction imposed under this section.
        (e) Expiration.--The authority provided by subsection (b)
    shall expire on June 1, 1990.
              * * * * * * *

           TITLE XIV--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                        Part C--Miscellaneous Provisions

              * * * * * * *

    SEC. 1436.\29\ * * * [REDESIGNATED--2003]
    ---------------------------------------------------------------------------

        \29\ Formerly at 42 U.S.C. 2121 note, relating to nuclear test ban
    readiness program. Redesignated as sec. 4207 of Public Law 107-314, 50
    U.S.C. 2527, by sec. 3141(e)(8) of the National Defense Authorization
    Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1759).
    ---------------------------------------------------------------------------
              * * * * * * *
               aa. Department of Defense Appropriations Act, 1989

        Partial text of Public Law 100-463 [H.R. 4781], 102 Stat. 2270,
      approved October 1, 1988; as amended by Public Law 100-526 [Defense
       Authorization Amendments and Base Closure and Realignment Act, S.
     2749], 102 Stat. 2623, approved October 24, 1988; Public Law 100-690
       [Anti-Drug Abuse Act of 1988, H.R. 5210], 102 Stat 4181, approved
     November 18, 1988; Public Law 101-189 [National Defense Authorization
        Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat. 1606,
       approved November 29, 1989; Public Law 103-236 [Foreign Relations
     Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
      408, approved April 30, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
    approved February 10, 1996; and by Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
                            approved October 5, 1999

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 1989, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 1989, for military functions administered by the
    Department of Defense, and for other purposes, namely:
              * * * * * * *

                                   TITLE VIII

                               GENERAL PROVISIONS

              * * * * * * *
      Sec. 8125.\1\ (a)(1) Not later than March 1, 1989, the
    Secretary of Defense shall submit to Congress a report on the
    assignment of military missions among the member countries of
    North Atlantic Treaty Organization (NATO) and on the prospects
    for the more effective assignment of such missions among such
    countries.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
      (2) The report shall include a discussion of the following:
              (A) The current assignment of military missions among
            the member countries of NATO.
              (B) Military missions for which there is duplication
            of capability or for which there is inadequate
            capability within the current assignment of military
            missions within NATO.
              (C) Alternatives to the current assignment of
            military missions that would maximize the military
            contributions of the member countries of NATO.
              (D) Any efforts that are underway within NATO or
            between individual member countries of NATO at the time
            the report is submitted that are intended to result in
            a more effective assignment of military missions within
            NATO.
      (b) The Secretary of Defense and the Secretary of State shall
    (1) conduct a review of the long-term strategic interests of
    the United States overseas and the future requirements for the
    assignment of members of the Armed Forces of the United States
    to permanent duty ashore outside the United States, and (2)
    determine specific actions that, if taken, would result in a
    more balanced sharing of defense and foreign assistance
    spending burdens by the United States and its allies. Not later
    than August 1, 1989, the Secretary of Defense and the Secretary
    of State shall transmit to Congress a report containing the
    findings resulting from the review and their determinations.
        (c) \2\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \2\ Sec. 162(j) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 408) repealed
    subsec. (c). Subsec. (c), as amended by sec. 1623 of Public Law 101-189
    (103 Stat. 1606) had read as follows:
        ``(c) The President shall appoint an Ambassador at Large
    responsible to the President who shall have the responsibility for
    ensuring a more balanced sharing of defense costs by the NATO members,
    Japan, the Republic of Korea, and other countries allied to the United
    States. Such responsibilities shall include negotiations for
    burdensharing, including increased in-kind and financial support by
    such countries for Department of Defense military units and personnel
    assigned to permanent duty ashore outside the United States in support
    of the security of such countries, and multi-lateral foreign assistance
    costs. The Ambassador at Large should review (1) trade restrictions
    that require German utilities to purchase German-produced coal to the
    exclusion of foreign coal, including United States coal, and (2) the
    extent to which the tax on electricity used to subsidize German coal
    producers is borne by American military installations, American
    military dependents, or American civilians who support our military
    installations. The Ambassador at Large should prepare an economic
    analysis on the comparison of using German versus United States coal at
    defense facilities in Europe. This analysis should address the issues
    of all direct subsidies provided on German coal and restrictions
    imposed on imported coal and should be submitted to the Secretaries of
    Defense, State, and Commerce for use in their study on the economic
    benefits of using coal at defense facilities in Europe.''.
    ---------------------------------------------------------------------------
      (d) The President shall specify (separately by appropriation
    account) in the Department of Defense items included in each
    budget \3\ submitted to Congress under section 1105 of title
    31, United States Code, (1) \4\ the amounts necessary for
    payment of all personnel, operations, maintenance, facilities,
    and support costs for Department of Defense overseas military
    units, and (2) \5\ the costs for all dependents who accompany
    Department of Defense personnel outside the United States.
    ---------------------------------------------------------------------------
        \3\ Sec. 1623(2)(A) of Public Law 101-189 (103 Stat. 1606) struck
    out ``in the budgets'' and inserted in lieu thereof ``in each budget''.
        \4\ Sec. 1623(2)(B) of Public Law 101-189 (103 Stat. 1606) struck
    out ``for fiscal years after fiscal year 1989'' and inserted in lieu
    thereof ``(1)''.
        \5\ Sec. 1623(2)(C) of Public Law 101-189 (103 Stat. 1606) inserted
    ``(2)'' after ``military units, and''.
    ---------------------------------------------------------------------------
      (e) Not later than May 1, 1989, the Secretary of Defense
    shall submit to the Committees on Armed Services and on
    Appropriations of the Senate and the House of Representatives
    \6\ a report that sets forth the total costs required to
    support the dependents who accompany Department of Defense
    personnel assigned to permanent duty overseas.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
      (f) As of September 30 of each fiscal year,\7\ the number of
    members of the Armed Forces on active duty assigned to
    permanent duty ashore in Japan and the Republic of Korea may
    not exceed 94,450 (the number of members of the Armed Forces on
    active duty assigned to permanent duty ashore in Japan and the
    Republic of Korea on September 30, 1987). The limitation in \8\
    the preceding sentence may be increased if and when (1) \9\ a
    major reduction of United States forces in the Republic of the
    Philippines is required because of a loss of basing rights in
    that nation, and (2) \10\ the President determines and
    certifies to Congress that, as a consequence of such loss, an
    increase in United States forces stationed in Japan and the
    Republic of Korea is necessary.
    ---------------------------------------------------------------------------
        \7\ Sec. 1623(3)(A) of Public Law 101-189 (103 Stat. 1606) struck
    out ``after fiscal year 1989'' after ``each fiscal year''.
        \8\ Sec. 1623(3)(B)(i) of Public Law 101-189 (103 Stat. 1606)
    struck out ``provided for'' and inserted in lieu thereof ``in''.
        \9\ Sec. 1623(3)(B)(ii) of Public Law 101-189 (103 Stat. 1606)
    inserted ``(1)'' after ``if and when''.
        \10\ Sec. 1623(3)(B)(iii) of Public Law 101-189 (103 Stat. 1606)
    inserted ``(2)'' after ``that nation, and''.
    ---------------------------------------------------------------------------
      (g)(1) After fiscal year 1990, budget submissions \11\ to
    Congress under section 1105 of title 31, United States Code,
    shall identify funds requested for Department of Defense
    personnel and units in permanent duty stations ashore outside
    the United States that exceed the amount of such costs incurred
    in fiscal year 1989 and shall set forth a detailed description
    of (A) \12\ the types of expenditures increased, by
    appropriation account, activity and program; and (B) specific
    efforts to obtain allied host nations' financing for these cost
    increases.
    ---------------------------------------------------------------------------
        \11\ Sec. 1623(4)(A) of Public Law 101-189 (103 Stat. 1606) struck
    out ``Department of Defense'' before ``budget submissions''.
        \12\ Sec. 1623(4)(B) of Public Law 101-189 (103 Stat. 1606) struck
    out ``1989, and shall detail: (A) a description of'' and inserted in
    lieu thereof ``1989 and shall set forth a detailed description of
    (A)''.
    ---------------------------------------------------------------------------
      (2) The Secretary of Defense shall notify in advance the
    Committee on Appropriations and the Committee on Armed Services
    of the Senate and the Committee on Appropriations and the
    Committee on Armed Services of the House of Representatives
    \13\ through existing notification procedures, when costs of
    maintaining Department of Defense personnel and units in
    permanent duty stations ashore outside the United States \14\
    will exceed the amounts as defined in the Department of Defense
    budget as enacted for that fiscal year. Such notification shall
    describe: (A) the type of expenditures that increased; and (B)
    the source of funds (including prior year unobligated balances)
    by appropriation account, activity and program, proposed to
    finance these costs.
    ---------------------------------------------------------------------------
        \13\ Sec. 1623(4)(C) of Public Law 101-189 (103 Stat. 1606) struck
    out ``the House and Senate'' and inserted in lieu thereof ``the Senate
    and House of Representatives''. Sec. 1502(f)(1) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    509) struck out ``Committees on Appropriations and Armed Services of
    the Senate and House of Representatives'' and inserted in lieu thereof
    ``Committee on Appropriations and the Committee on Armed Services of
    the Senate and the Committee on Appropriations and the Committee on
    National Security of the House of Representatives''. Sec. 1067(14) of
    Public Law 106-65 (113 Stat. 774) subsequently struck out ``Committee
    on National Security'' and inserted in lieu thereof ``Committee on
    Armed Services''.
        \14\ Sec. 1623(4)(D) of Public Law 101-189 (103 Stat. 1606)
    inserted ``outside the United States'' after ``duty stations ashore''.
    ---------------------------------------------------------------------------
      (3) In computing the costs incurred for maintaining
    Department of Defense personnel and forces in permanent duty
    stations ashore outside the United States compared with the
    amount of such costs incurred in fiscal year 1989, the
    Secretary shall--
              (A) exclude increased costs resulting from increases
            in the rates of pay provided for members of the Armed
            Forces and civilian employees of the United States
            Government and exclude any cost increases in supplies
            and services resulting from inflation; and
              (B) include (i) the costs of operation and
            maintenance and of facilities for the support of
            Department of Defense overseas personnel, and (ii)
            increased costs resulting from any decline in the
            foreign exchange rate of the United States dollar.
      (h) The provisions of subsections (f) and (g) shall not apply
    in time of war or during a national emergency declared by the
    President or Congress.
      (i) In this section--
              (1) the term ``personnel'' means members of the Armed
            Forces of the United States and civilian employees of
            the Department of Defense;
              (2) the term ``Department of Defense overseas
            personnel'' means those Department of Defense personnel
            who are assigned to permanent duty ashore outside the
            United States; and
              (3) the term ``United States'' includes the District
            of Columbia, the Commonwealth of Puerto Rico, and the
            territories and possessions of the United States.
              * * * * * * *
     bb. National Defense Authorization Act for Fiscal Years 1988 and 1989

        Partial text of Public Law 100-180 [H.R. 1748], 101 Stat. 1019,
     approved December 4, 1987; as amended by Public Law 100-456 [National
      Defense Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat.
    1918, approved September 29, 1988; Public Law 103-199 [FRIENDSHIP Act;
     H.R. 3000], 107 Stat. 2317, approved December 17, 1993; and by Public
     Law 104-106 [National Defense Authorization Act for Fiscal Year 1996;
              S. 1124], 110 Stat. 186, approved February 10, 1996

     AN ACT To authorize appropriations for fiscal years 1988 and 1989 for
        military activities of the Department of Defense, for military
     construction, and for defense activities of the Department of Energy,
     to prescribe personnel strengths for such fiscal years for the Armed
                        Forces, and for other purposes.

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

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                 Part A--Authorizations and Program Limitations

              * * * * * * *

    SEC. 207. FUNDS FOR COOPERATIVE PROJECTS WITH MAJOR NON-NATO ALLIES

        Of the funds appropriated pursuant to the authorizations of
    appropriations for fiscal year 1988 in section 201, up to
    $40,000,000 shall be available for cooperative research and
    development projects with major non-NATO allies under section
    1105 of the National Defense Authorization Act for Fiscal Year
    1987 (Public Law 99-961).\1\
    ---------------------------------------------------------------------------
        \1\ Should read Public Law 99-661. Sec. 1105 was repealed in 1989.
    ---------------------------------------------------------------------------

    SEC. 208.\2\ ONE-YEAR UNITED STATES MORATORIUM ON TESTING ANTISATELLITE
                        WEAPONS

        (a) Testing Moratorium.--The Secretary of Defense may not
    carry out a test of the Space Defense System (antisatellite
    weapon) involving the F-15 launched miniature homing vehicle
    against an object in space until the President certifies to
    Congress that the Soviet Union has conducted, after the date of
    the enactment of this Act, a test against an object in space of
    a dedicated antisatellite weapon.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 2431 note.
    ---------------------------------------------------------------------------
        (b) Expiration.--The prohibition in subsection (a) expires
    on October 1, 1988.

                            Part B--Program Policies

              * * * * * * *

    SEC. 220. SENSE OF CONGRESS ON STRATEGIC MISSILE MODERNIZATION PROGRAMS

        (a) Findings.--The Congress makes the following findings:
              (1) It is essential that the nation's defense
            priorities be carefully analyzed so as to properly fund
            the Armed Forces.
              (2) The capabilities of the conventional forces of
            the United States and its allies will become more
            important if an agreement with respect to intermediate-
            range nuclear forces (INF) is concluded between the
            United States and the Soviet Union.
              (3) It is both desirable and possible to reduce the
            reliance of the North Atlantic Treaty Organization on
            nuclear weapons for the defense of all members of the
            alliance if the member nations of the alliance assert
            the political will to reduce such reliance and
            establish sound defense priorities.
              (4) The United States is currently procuring and
            deploying one land-based intercontinental ballistic
            missile system (the MX system) at significant cost
            while developing another such system (the so-called
            Midgetman system) at significant additional cost.
              (5) Efforts to reduce the Federal budget deficit,
            which are imperative for the economic well being of the
            United States, will continue for the foreseeable future
            to require limits on all discretionary Federal
            spending, including defense spending.
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that the
    authorization of funds in this Act for research and development
    for both the new small mobile intercontinental ballistic
    missile (commonly known as the ``Midgetman'' missile) and the
    proposed rail-mobile basing mode for the MX missile does not
    constitute a commitment or express an intent by Congress to
    provide funds to procure and deploy the Midgetman missile or to
    deploy any MX missiles in a rail-mobile basing mode or both.

                      Part C--Strategic Defense Initiative

        Subpart 1--SDI Funding and Program Limitations and Requirements

    SEC. 221. FISCAL YEAR 1988 FUNDING LEVEL FOR THE STRATEGIC DEFENSE
                        INITIATIVE

        (a) Amount Authorized.--Of the amounts appropriated
    pursuant to section 201 or otherwise made available to the
    Department of Defense for research, development, test, and
    evaluation for fiscal year 1988, not more than $3,621,000,000
    may be obligated for the Strategic Defense Initiative.
        (b) Specified Activities.--Of the funds available for the
    Strategic Defense Initiative program under subsection (a)--
              (1) $27,000,000 shall be available only for a
            classified laser program;
              (2) $15,000,000 shall be available only for medical
            applications of the free electron laser program for
            medical research and material; and
              (3) $17,000,000 is available for defense-wide mission
            support for the Strategic Defense Initiative.
        (c) Defense-Wide Mission Support.--Of the amount
    appropriated for Defense Agencies for fiscal year 1987,
    $16,000,000 may be used for defense-wide mission support for
    the Strategic Defense Initiative.

    SEC. 222.\3\ PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES

        (a) SDI Contracts With Foreign Entities.--Funds
    appropriated to or for the use of the Department of Defense may
    not be used for the purpose of entering into or carrying out
    any contract with a foreign government or a foreign firm if the
    contract provides for the conduct of research, development,
    test, or evaluation in connection with the Strategic Defense
    Initiative program.
    ---------------------------------------------------------------------------
        \3\ 10 U.S.C. 2431 note.
    ---------------------------------------------------------------------------
        (b) Temporary Suspension of Prohibition Upon Certification
    of the Secretary of Defense.--The prohibition in subsection (a)
    shall not apply to a contract in any fiscal year if the
    Secretary of Defense certifies to Congress in writing at any
    time during such fiscal year that the research, development,
    testing, or evaluation to be performed under such contract
    cannot be competently performed by a United States firm at a
    price equal to or less than the price at which the research,
    development, testing, or evaluation would be performed by a
    foreign firm.
        (c) Exceptions for Certain Contracts.--The prohibition in
    subsection (a) shall not apply to a contract awarded to a
    foreign government or foreign firm if--
              (1) the contract is to be performed within the United
            States;
              (2) the contract is exclusively for research,
            development, test, or evaluation in connection with
            antitactical ballistic missile systems; or
              (3) that foreign government or foreign firm agrees to
            share a substantial portion of the total contract cost.
        (d) Definitions.--In this section:
              (1) The term ``foreign firm'' means a business entity
            owned or controlled by one or more foreign nationals or
            a business entity in which more than 50 percent of the
            stock is owned or controlled by one or more foreign
            nationals.
              (2) The term ``United States firm'' means a business
            entity other than a foreign firm.
        (e) Transition.--The prohibition in subsection (a) shall
    not apply to a contract entered into before the date of the
    enactment of this Act.

    SEC. 223.\3\,\4\ LIMITATION ON TRANSFER OF CERTAIN MILITARY
                        TECHNOLOGY TO INDEPENDENT STATES OF THE FORMER
                        SOVIET UNION.

        Military technology developed with funds appropriated or
    otherwise made available for the Ballistic Missile Defense
    Program may not be transferred (or made available for transfer)
    to Russia or any other independent state of the former Soviet
    Union by the United States (or with the consent of the United
    States) unless the President determines, and certifies to the
    Congress at least 15 days prior to any such transfer, that such
    transfer is in the national interest of the United States and
    is to be made for the purpose of maintaining peace.
    ---------------------------------------------------------------------------
        \4\ Sec. 203(a)(1) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2321) amended and restated sec. 223. It formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 223. limitation on transfer of sdi technology to soviet union
    ---------------------------------------------------------------------------

        ``Military technology developed with funds appropriated or
    otherwise made available for the Strategic Defense Initiative may not
    be transferred, or made available for transfer, to the Soviet Union by
    the United States (or with the consent of the United States) unless--
    ---------------------------------------------------------------------------

      ``(1) the President determines, and certifies to Congress, that the
    transfer is in the national interest of the United States and is to be made
    for the purpose of maintaining peace; and

      ``(2) Congress approves that determination by a joint resolution.''.

    SEC. 224.\3\ SDI ARCHITECTURE TO REQUIRE HUMAN DECISION MAKING

        No agency of the Federal Government may plan for, fund, or
    otherwise support the development of command and control
    systems for strategic defense in the boost or post-boost phase
    against ballistic missile threats that would permit such
    strategic defenses to initiate the directing of damaging or
    lethal fire except by affirmative human decision at an
    appropriate level of authority.

    SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR
                        COMPONENTS

        (a) Use of Funds.--(1) Funds appropriated to the Department
    of Defense for fiscal year 1988, or otherwise made available to
    the Department of Defense from any funds appropriated for
    fiscal year 1988 or for any fiscal year before fiscal year
    1988, shall be subject to the limitations prescribed in
    paragraph (2).
        (2) The funds described in paragraph (1) may not be
    obligated or expended--
              (A) for any development or testing of anti-ballistic
            missile systems or components except for development
            and testing consistent with the development and testing
            described in the April 1987 SDIO Report; or
              (B) for the acquisition of any material or equipment
            (including any long lead materials, components, piece
            parts, test equipment, or any modified space launch
            vehicle) required or to be used for the development or
            testing of anti-ballistic missile systems or
            components, except for material or equipment required
            for development or testing consistent with the
            development and testing described in the April 1987
            SDIO Report.
        (3) The limitation under paragraph (2) shall not apply to
    funds transferred to or for the use of the Strategic Defense
    Initiative for fiscal year 1988 if the transfer is made in
    accordance with section 1201 of this Act and any comparable
    provision in legislation appropriating funds for military
    functions of the Department of Defense for fiscal year 1988.
        (b) Definition.--As used in this section, the term ``April
    1987 SDIO Report'' means the report entitled ``Report to
    Congress on the Strategic Defense Initiative'', dated April
    1987, prepared by the Strategic Defense Initiative Organization
    and submitted to certain committees of the Senate and House of
    Representatives pursuant to section 1102 of the Department of
    Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C.
    2431 note).
    ---------------------------------------------------------------------------
        \5\ Sec. 253(3) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 226,
    which had prohibited the Secretary of Defense from deploying any anti-
    ballistic missile system unless such deployment was specifically
    authorized by law.
    ---------------------------------------------------------------------------

    SEC. 226.\5\ * * * [REPEALED--1996]

    SEC. 227.\3\ ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND
                        DEVELOPMENT CENTER TO SUPPORT THE STRATEGIC DEFENSE
                        INITIATIVE PROGRAM

        (a) Findings.--The Congress makes the following findings:
              (1) The Department of Defense requires technical
            support for issues of system integration related to the
            Strategic Defense Initiative program.
              (2) The Strategic Defense Initiative Organization,
            after assessing alternative types of organizations for
            the provision of such technical support to the
            Strategic Defense Initiative program (including
            Government organizations, profit and nonprofit entities
            (including existing federally funded research and
            development centers), a new division within an existing
            federally funded research and development center, a new
            federally funded research and development center,
            colleges and universities, and private nonprofit
            laboratories), determined that a new federally funded
            research and development center (hereinafter in this
            section referred to as an ``FFRDC'') would be the type
            of organization most appropriate for the provision of
            such technical support to the Strategic Defense
            Initiative program.
              (3) In providing such technical support to the SDI
            program, the new FFRDC should provide critical
            evaluation and rigorous and objective analysis of
            technologies, systems, and architectures that are
            candidates for use in the SDI program.
              (4) Competitive selection of a contractor to
            establish and operate such an FFRDC to support the
            Strategic Defense Initiative program is one way to
            enhance the prospects for independent and objective
            evaluation of system integration issues within the
            Strategic Defense Initiative program.
        (b) Authority To Contract for FFRDC.--The Secretary of
    Defense, using funds appropriated to the Department of Defense
    for the Strategic Defense Initiative program, may enter into a
    contract to provide for the establishment and operation of a
    federally funded research and development center to provide
    independent and objective technical support to the Strategic
    Defense Initiative program. Such a contract may not be awarded
    before October 1, 1989.
        (c) Contract Award Requirements.--(1) A contract under
    subsection (b) shall be awarded using competitive procedures
    which emphasize cost considerations.
        (2) The Secretary of Defense shall solicit proposals for
    such contract from existing federally funded research and
    development centers, from universities, from commercial
    entities, and from appropriate new organizations and shall make
    maximum efforts to obtain more than one proposal for such
    contract.
        (3) The Secretary shall submit the three best contract
    proposals (as determined by the Secretary), together with a
    copy of the proposed sponsoring agreement for the new FFRDC,
    for review by three persons designated by the Defense Science
    Board from a list of six or more persons submitted by the
    National Academy of Sciences. The persons performing the
    review--
              (A) shall evaluate the extent to which each proposal
            and the proposed sponsoring agreement would foster
            competent and objective technical advice for the
            Strategic Defense Initiative Program; and
              (B) shall report their evaluation of each such
            proposal and of the proposed sponsoring agreement to
            the Secretary.
        (4) Before awarding a contract under subsection (b), and
    not sooner than March 30, 1989, the Secretary shall submit to
    Congress--
              (A) a copy of the proposed final contract; and
              (B) a copy of the proposed final sponsoring agreement
            relating to the operation of the new FFRDC.
        (5)(A) The Secretary shall then withhold the award of such
    contract and the approval of such sponsoring agreement for a
    period of at least 30 days of continuous session of Congress
    beginning on the day after the date on which Congress receives
    the copies referred to in paragraph (4).
        (B) For purposes of subparagraph (A), the continuity of a
    session of Congress is broken only by an adjournment sine die
    at the end of the second regular session of that Congress. In
    computing the 30-day period for such purposes, days on which
    either House of Congress is not in session because of an
    adjournment of more than three days to a day certain shall be
    excluded.
        (d) Requirements Applicable to FFRDC.--The Secretary of
    Defense shall--
              (1) require that the contract referred to in
            subsection (b) include a provision stating that no
            officer or employee of the Department of Defense shall
            have the authority to veto the employment of any person
            selected to serve as an officer or employee of the new
            FFRDC;
              (2) require that at least 5 percent of the total
            amount of funds available for the new FFRDC shall be
            set aside for independent research to be performed by
            the staff of the new FFRDC under the direction of the
            chief executive officer of the new FFRDC;
              (3) impose a limitation on the compensation payable
            to each senior executive of the new FFRDC for services
            performed for the new FFRDC so that such compensation
            shall be comparable to the amount of compensation
            payable to senior executives of comparable federally
            funded research and development centers for similar
            services;
              (4) require that the new FFRDC publicly disclose the
            salary of its chief executive officer;
              (5) prohibit current or former members of the
            Strategic Defense Initiative Advisory Committee from
            serving as members of the Board of Trustees of the
            FFRDC if such members constitute 10 or more percent of
            the Board of Trustees or from serving as officers of
            the new FFRDC;
              (6) require that the contract referred to in
            subsection (b) include a provision prohibiting members
            of such Board of Trustees from serving as officers of
            the new FFRDC, except that a Board member may serve as
            the President of the new FFRDC if the Board is
            comprised of 10 or more members;
              (7) require that the contract referred to in
            subsection (b) include a provision prohibiting the new
            FFRDC from employing any person who, as a Federal
            employee or member of the Armed Forces, served in the
            Strategic Defense Initiative Organization within two
            years before the date on which such person is to be
            employed by the new FFRDC; and
              (8) require that any contract referred to in
            subsection (b) require that the Board of Trustees of
            the new FFRDC be comprised of individuals who represent
            a reasonable cross-section of views on the engineering
            and scientific issues associated with the Strategic
            Defense Initiative Program.
        (e) Funding.--The Secretary of Defense shall provide that
    all funds for the new FFRDC within the Department of Defense
    budget for any fiscal year shall be separately identified and
    set forth in the budget presentation materials submitted to
    Congress for that fiscal year.
        (f) Sunset Provision.--No Federal funds may be provided to
    the new FFRDC after the end of the five-year period beginning
    on the date of the award of the first contract awarded to the
    FFRDC under this section.

                         Subpart 2--Report Requirements

    SEC. 231.\3\ ANNUAL REPORT ON SDI PROGRAMS

        (a) In General.--Not later than March 15, 1988, and March
    15, 1989, the Secretary of Defense shall transmit to Congress a
    report (in both an unclassified and a classified form) on the
    programs that constitute the Strategic Defense Initiative and
    on any other program relating to defense against ballistic
    missiles. Each such report shall include the following:
              (1) A detailed description of each program or project
            included in the Strategic Defense Initiative (SDI) or
            which otherwise relates to defense against strategic
            ballistic missiles, including a technical evaluation of
            each such program or project and an assessment as to
            when each can be brought to the stage of full-scale
            engineering development (assuming funding as requested
            or programmed).
              (2) A clear definition of the objectives of each
            phase of the Strategic Defense Initiative Organization
            plan approved by the Defense Acquisition Board.
              (3) An explanation of the relationship between each
            such objective and each program and project associated
            with the Strategic Defense Initiative or defense
            against strategic ballistic missiles.
              (4) The status of consultations with other member
            nations of the North Atlantic Treaty Organization,
            Japan, and other appropriate allies concerning research
            being conducted in the Strategic Defense Initiative
            program.
              (5) A statement of the compliance of the planned SDI
            development and testing programs with existing arms
            control agreements, including the Antiballistic Missile
            Treaty.
              (6) A review of possible countermeasures of the
            Soviet Union to specific SDI programs, an estimate of
            the time and cost required for the Soviet Union to
            develop each such countermeasure, and an evaluation of
            the adequacy of the SDI programs described in the
            report to respond to such countermeasures.
              (7) Details regarding funding of programs and
            projects for the Strategic Defense Initiative,
            including--
                      (A) the level of funding provided for the
                    current fiscal year and for previous fiscal
                    years for each program and project in the
                    Strategic Defense Initiative budgetary
                    presentation materials provided to Congress;
                      (B) the amount requested to be appropriated
                    for each such program and project for the next
                    fiscal year;
                      (C) the amount programmed to be requested for
                    each such program and project for the following
                    fiscal year; and
                      (D) the amount required to reach the next
                    significant milestone for each demonstration
                    program and each major technology program.
              (8) Details on what Strategic Defense Initiative
            technologies can be developed or deployed within the
            next 5 to 10 years to defend against significant
            military threats and help accomplish critical military
            missions. The missions to be considered include--
                      (A) defending elements of the Armed Forces
                    abroad and United States allies against
                    tactical ballistic missiles, particularly new
                    and highly accurate Soviet shorter range
                    ballistic missiles armed with conventional,
                    chemical, or nuclear warheads;
                      (B) defending against an accidental launch of
                    strategic ballistic missiles against the United
                    States;
                      (C) defending against a limited but
                    militarily effective Soviet attack aimed at
                    disrupting the National Command Authority or
                    other valuable military assets;
                      (D) providing sufficient warning and tracking
                    information to defend or effectively evade
                    possible Soviet attacks against military
                    satellites, including those in high orbits;
                      (E) providing early warning and attack
                    assessment information and the necessary
                    survivable command, control, and communications
                    to facilitate the use of United States military
                    forces in defense against possible Soviet
                    conventional or strategic attacks;
                      (F) providing protection of United States
                    population from a Soviet nuclear attack; and
                      (G) any other significant near-term military
                    mission that the application of SDI
                    technologies might help to accomplish.
              (9) For each of the near-term military missions
            listed in paragraph (8), the report shall include--
                      (A) a list of specific program elements of
                    the Strategic Defense Initiative that are
                    pertinent to these applications;
                      (B) the Secretary's estimate of the initial
                    operating capability dates for the
                    architectures or systems to accomplish such
                    missions;
                      (C) the Secretary's estimate of the level of
                    funding necessary for each program to reach
                    those operating capability dates; and
                      (D) the Secretary's estimate of the
                    survivability and cost effectiveness at the
                    margin of such architectures or systems against
                    current and projected Soviet threats.
              * * * * * * *

    SEC. 232. REPORT ON SDI DEVELOPMENT PLANS AND COSTS

        (a) Report Requirement.--The Secretary of Defense shall
    submit to the Committees on Armed Services of the Senate and
    House of Representatives \6\ a report on the total cost to
    develop, produce, deploy, operate, and maintain the ballistic
    missile defense system that would incorporate the technologies
    approved by the Secretary of Defense in authorizing proceeding
    into the demonstration/validation phase of the acquisition
    process. Should this system not be sufficiently defined, the
    system described in the 1987 report entitled ``Report of the
    Technical Panel on Missile Defense in the 1990s'', prepared by
    the George C. Marshall Institute, should be used as a basis for
    determining cost.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (b) Deadline for Report; Classification.--The report under
    subsection (a) shall be submitted no later than six months
    after the date of the enactment of this Act and shall be
    submitted in unclassified form.

    SEC. 233. REPORT ON HOW ABSENCE OF THE ABM TREATY WOULD AFFECT
                        STRATEGIC OFFENSIVE AND DEFENSIVE PROGRAMS

        (a) Report on No ABM Treaty Limitations.--The Secretary of
    Defense shall submit to Congress a report concerning what the
    effect would be on strategic offensive and defensive programs
    of the United States if there were no limitations on strategic
    defensive systems in force under the 1972 ABM Treaty.
        (b) Matters To Be Included.--The report shall include the
    following:
              (1) An analysis of the ramifications of there being
            no limitation in force under the 1972 ABM Treaty on
            development under the Strategic Defense Initiative
            (SDI) program of strategic defenses, including
            comprehensive strategic defense systems and more
            limited defenses designed to protect vital military and
            command and control assets of the United States.
              (2) A comparison (based on the analysis made under
            paragraph (1)) of the research and development programs
            that could be pursued under the SDI program under the
            limitations applicable under the restrictive
            interpretation of the 1972 ABM Treaty, under the less
            restrictive interpretation of such treaty, and under a
            case in which there were no such limitations, including
            a comparative analysis of--
                      (A) the overall cost of such research and
                    development programs;
                      (B) the schedule of such research and
                    development programs; and
                      (C) the level of confidence attained in such
                    research and development programs with respect
                    to supporting a decision to commence full-scale
                    engineering development under such programs in
                    the early-to-mid 1990s.
              (3) A list of options for the SDI program, assuming
            that there are no limitations in force under the 1972
            ABM Treaty, that meet one or more of the following
            objectives:
                      (A) Reduction of overall development cost.
                      (B) Advancement of the schedule for making a
                    decision to commence full-scale engineering
                    development.
                      (C) Increase in the level of confidence in
                    the results of the research by the original
                    scheduled date for the commencement of full-
                    scale development.
              (4) An analysis of how rapidly, in the absence of
            limitations under the 1972 ABM Treaty, the Soviet Union
            could deploy a nationwide anti-ballistic missile
            defense of military and nonmilitary targets and the
            consequences of such a deployment. The analysis should
            include an assessment of the following:
                      (A) The effect of such deployment on the
                    confidence of the United States that, should
                    deterrence that depends increasingly on
                    defensive forces fail, the planned strategic
                    nuclear forces of the United States would be
                    sufficient to hold assets that the leaders of
                    the Soviet Union value at risk following a
                    first strike by the Soviet Union against the
                    United States.
                      (B) The changes that must be made to the
                    strategic offensive forces of the United States
                    to hold assets that the leaders of the Soviet
                    Union value at risk in the presence of
                    strategic defenses. The analysis should include
                    both the cost of those changes and the time
                    period scale over which they could be
                    accomplished.
                      (C) The consistency of the required changes
                    to United States strategic offensive forces of
                    the United States described under subparagraph
                    (B) with the current United States negotiating
                    position in the Strategic Arms Reduction
                    (START) negotiations.
                      (D) The degree to which crisis stability
                    would be affected during the transition period
                    between the appearance of nationwide anti-
                    ballistic missile defenses by both the United
                    States and the Soviet Union and the completion
                    of the changes that the United States would
                    make to its strategic offensive forces in
                    response to such defenses by the Soviet Union.
              (5) An analysis of the effect on deterrence of
            nuclear conflict if both the United States and Soviet
            Union deploy strategic defenses of comparable
            capability, considering both less capable and highly
            capable strategic defenses, as well as appropriate
            transition issues (including the effect on deterrence
            of the potential vulnerability of strategic defenses).
        (c) Deadline for Report.--The report under subsection (a)
    shall be submitted not later than March 1, 1988.
        (d) Report Classification.--The report under subsection (a)
    shall be submitted in both classified and unclassified
    versions.
        (e) 1972 ABM Treaty Defined.--In this section, the term
    ``1972 ABM Treaty'' means the Treaty Between the United States
    of America and the Union of Soviet Socialist Republics on the
    Limitation of Anti-Ballistic Missiles, signed at Moscow on May
    26, 1972.

    SEC. 234. REPORT ON ALLOCATION OF FY88 FUNDING

        (a) In General.--The Secretary of Defense shall submit to
    the Committees on Armed Services and on Appropriations of the
    Senate and the House of Representatives \7\ a report on the
    allocation of funds appropriated for the Strategic Defense
    Initiative for fiscal year 1988. The report shall set out the
    amount of such funds allocated for each program, project, or
    activity of the Strategic Defense Initiative within each
    appropriation account.
    ---------------------------------------------------------------------------
        \7\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (b) Deadline for Report.--The report required by subsection
    (a) shall be submitted not later than 90 days after the date of
    the enactment of legislation appropriating funds for the
    Strategic Defense Initiative for fiscal year 1988.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                   Part C--Humanitarian and Other Assistance

    SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

        (a) Authorization of Funds.--There is authorized to be
    appropriated to the Department of Defense for fiscal year 1988
    the sum of $13,000,000 for the purpose of providing
    transportation for humanitarian relief for persons displaced or
    who are refugees because of the invasion of Afghanistan by the
    Soviet Union. Of this sum, not more than $3,000,000 is
    authorized to be used for distribution of humanitarian relief
    supplies to the non-Communist resistance organizations at or
    near the border between Thailand and Cambodia.
        (b) Authority to Transfer Funds.--The Secretary of Defense
    is authorized to transfer to the Secretary of State not more
    than $3,000,000 of the funds appropriated pursuant to the
    authorization in this section to provide for (1) paying for
    administrative costs of providing the transportation described
    in subsection (a), and (2) the purchase or other acquisition of
    transportation assets for the distribution of relief supplies
    in the country of destination.
        (c) Transportation Under Direction of the Secretary of
    State.--Transportation provided with funds appropriated
    pursuant to the authorization in this section shall be under
    the direction of the Secretary of State.
        (d) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to the authorization in this section shall be by the most
    economical commercial or military means available, unless the
    Secretary of State determines that it is in the national
    interest of the United States to use means other than the most
    economical available. Such means may include the use of
    aircraft and personnel of the reserve components of the Armed
    Forces.
        (e) Availability of Funds.--Amounts appropriated pursuant
    to the authorization in subsection (a) shall remain available
    until expended, to the extent provided in appropriations Acts.
        (f) Reports.--The Secretary of Defense shall submit to the
    Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and Foreign Affairs
    of the House of Representatives \8\ two reports, one of which
    shall be submitted not later than 60 days after the date of the
    enactment of this Act and the other not later than June 1,
    1988. Each such report shall contain (as of the date on which
    the report is submitted) the following information:
    ---------------------------------------------------------------------------
        \8\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) The total amount of funds obligated for
            humanitarian relief under this section and section 331
            of the National Defense Authorization Act for Fiscal
            Year 1987 (Public Law 99-661; 100 Stat. 3856).
              (2) The number of scheduled and completed flights for
            purposes of providing humanitarian relief under this
            section and section 331 of such Act.
              (3) A description of any transfer (including to whom
            the transfer is made) of excess nonlethal supplies of
            the Department of Defense made available for
            humanitarian relief purposes under section 2547 of
            title 10, United States Code.

    SEC. 332.\9\ * * *
    ---------------------------------------------------------------------------

        \9\ Sec. 332 added a new sec. 402 to 10 U.S.C., and made other
    technical changes to sec. 401.
    ---------------------------------------------------------------------------
              * * * * * * *

                TITLE IX--MATTERS RELATING TO ARMS CONTROL \10\
    ---------------------------------------------------------------------------

        \10\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              * * * * * * *

          TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

                            Part A--NATO Deterrence

    SEC. 1001. REPORT ON REQUIREMENTS FOR MAINTAINING NATO'S STRATEGY OF
                        DETERRENCE

        (a) Requirement.--The Secretary of Defense shall submit to
    Congress a report regarding the ability of the North Atlantic
    Treaty Organization (NATO) to maintain its strategy of
    deterrence through the 1990s. The report shall include a
    specific discussion of the implications for such deterrence if
    the United States and the Soviet Union agree to a treaty which
    requires the elimination of all intermediate-range nuclear
    force (INF) missiles having a range between 500 and 5,500
    kilometers. The report shall be prepared in consultation with
    the Supreme Allied Commander, Europe, and the Chairman of the
    Joint Chiefs of Staff.
        (b) Form and Content of Report.--The Secretary shall submit
    the report required by subsection (a) in both classified and
    unclassified forms and shall include in the report the
    following:
              (1) A discussion of the effect that the elimination
            under an INF treaty of intermediate range missiles
            deployed by the United States and the Soviet Union
            would likely have on the ability of NATO to maintain an
            effective flexible response strategy and credible
            deterrence.
              (2) The appropriate numbers and types of nuclear
            weapons and nuclear-capable delivery systems of the
            United States not limited by the proposed INF treaty
            which the Secretary of Defense recommends for
            deployment in or redeployment to the European theater
            if an INF treaty is ratified and enters into force,
            including a description of any nuclear modernization
            program the Secretary has recommended or proposes to
            recommend as necessary to ensure that NATO will be able
            to maintain a credible and effective military strategy.
              (3) A discussion of the balance between the
            nonnuclear forces of NATO and the Warsaw Pact in the
            European theater, the likelihood of NATO making
            significant improvements in that balance over the next
            few years, the potential effect of conventional force
            balance alternatives currently under consideration by
            the United States Government, and the likelihood and
            potential effect of a new agreement between NATO and
            the Warsaw Pact limiting nonnuclear forces on that
            balance.
              (4) A discussion of the feasibility and cost
            effectiveness of substituting advanced conventional
            munitions for nuclear weapons currently deployed by
            NATO, including a discussion of the costs of such
            weapons and prospects for sharing such costs among NATO
            allies.
              (5) A description of nonnuclear forces that would be
            needed to support the operational concept of Follow-on
            Forces Attack (FOFA).
              (6) The status of improvements being made in the air
            defenses of NATO in Europe.
              (7) A discussion of the views of the leaders of
            member nations of NATO (other than the United States)
            and of the Supreme Allied Commander, Europe (SACEUR),
            on the matters described in paragraphs (1) through (5).
        (c) Deadline of Report.--The report required by subsection
    (a) shall be submitted not later than the earlier of--
              (1) 90 days after the date of the enactment of this
            Act; or
              (2) the date on which the President submits to the
            Senate for its advice and consent a treaty described in
            subsection (a).

    SEC. 1002. SENSE OF CONGRESS ON LEVEL OF UNITED STATES FORCES
                        PERMANENTLY STATIONED IN EUROPE IN SUPPORT OF NATO

        (a) Findings.--The Congress makes the following findings
    with respect to the level of United States military forces
    permanently stationed in Europe:
              (1) The agreement in principle between the United
            States and the Soviet Union to eliminate all
            intermediate-range nuclear missiles has important
            implications for the defense posture of the North
            Atlantic Treaty Organization alliance.
              (2) The presence of United States forces in Europe
            constitutes the most visible and meaningful evidence of
            the continuing strong commitment of the United States
            to the integrity of the alliance.
              (3) NATO Defense Ministers stated in May 1987 that
            the ``continued presence of United States forces at
            existing levels in Europe plays an irreplaceable role
            in the defense of North America as well as Europe''.
        (b) Sense of Congress.--(1) In light of the findings in
    subsection (a), it is the sense of Congress that--
              (A) the stationing in Europe of United States
            military forces in support of NATO at the level of
            military personnel permanently stationed in Europe in
            support of NATO on the date of the enactment of this
            Act plays an indispensable role for peace and
            deterrence; and
              (B) the commitment of United States forces should be
            continued at that level (assuming all existing basing
            agreements remain in effect).
        (2) It is further the sense of Congress that it would not
    be inconsistent with the sense of Congress expressed in
    paragraph (1) if the actual number of United States military
    personnel permanently stationed in Europe in support of NATO at
    any time falls below the level of such personnel on the date of
    the enactment of this Act because of administrative
    fluctuations or if such level is reduced following a
    determination by the President that national security
    considerations require such a reduction.

    SEC. 1003. STUDY OF FUTURE OF NATO

        The Secretary of Defense shall contribute, from funds
    appropriated for fiscal year 1988 for operation and maintenance
    of Defense Agencies, the amount of $50,000 to the North
    Atlantic Assembly for a study on the future of the North
    Atlantic Treaty Organization.

                             Part B--Burden Sharing

    SEC. 1011. STUDY OF DEFENSE EXPENDITURES IN JAPAN

        (a) In General.--The Secretary of Defense shall conduct a
    study of the ways in which the United States may further its
    national security interests in the Far East.
        (b) Report.--Within 90 days after the date of the enactment
    of this Act, the Secretary shall transmit to Congress a report
    on such study. The report shall contain--
              (1) the plans of the Department of Defense in the
            current five-year defense plan for defense expenditures
            for each fiscal year covered by the plan to be made in
            support of United States security interests in the Far
            East and, of such planned expenditures in each such
            fiscal year, how much is attributable to projected
            increases in defense outlays for that fiscal year;
              (2) the projections for national defense expenditures
            by Japan for each such fiscal year;
              (3) the projections for national defense expenditures
            by the United States directly in support of United
            States forces, facilities, and equipment stationed or
            located in Japan for each such fiscal year; and
              (4) the projections for national defense expenditures
            by Japan directly in support of United States forces
            stationed in Japan for each such fiscal year.

    SEC. 1012. SENSE OF CONGRESS REGARDING JAPAN'S CONTRIBUTIONS TO GLOBAL
                        STABILITY

        (a) Findings.--The Congress makes the following findings:
              (1) The alliance of the United States and Japan is
            the foundation for the security of Japan and peace in
            the Far East and is a major contributing factor to the
            democratic freedoms and economic prosperity enjoyed by
            both the United States and Japan.
              (2) Threats to the security of both the United States
            and Japan have increased significantly since 1976,
            principally as the result of--
                      (A) the occupation of Afghanistan by the
                    Soviet Union;
                      (B) the continued expansion and buildup of
                    military forces of the Soviet Union
                    (particularly the expansionist efforts by the
                    Soviet Union in the South Pacific and the
                    buildup of the Soviet Pacific fleet);
                      (C) the occupation of Cambodia by Vietnam;
                    and
                      (D) instability in the Persian Gulf region
                    (from which Japan receives 60 percent of its
                    petroleum and one-third of its total energy
                    requirements).
              (3) In keeping with the declaration made at the 1983
            meeting in Williamsburg, Virginia, of the leaders of
            the leading industrialized democracies that ``the
            security of our countries is indivisible and must be
            approached on a global basis'', the government of
            Japan--
                      (A) has raised its defense spending by an
                    average of 5 percent per year since 1981;
                      (B) has rescinded a limit on annual
                    expenditures for defense of 1 percent of the
                    gross national product of Japan; and
                      (C) is fulfilling the pledge of Prime
                    Minister Suzuki to defend the territory,
                    airspace, and sea lanes of Japan to a distance
                    of 1,000 miles by 1990.
              (4) While recognizing and applauding the actions by
            the government of Japan referred to in paragraph (3),
            Congress notes that Japan has the second largest gross
            national product in the world, is a major creditor
            nation, and has a large private savings rate, but
            nevertheless lags far behind other industrialized
            democracies in terms of the percentage of its gross
            national product that it spends for national defense
            and programs to promote global security and stability.
        (b) Sense of Congress.--It is the sense of Congress that
    the United States would welcome an initiative by Japan to
    assume a politically acceptable and significant global security
    role consistent with its economic status by taking the
    following actions:
              (1) Increasing spending for its Official Development
            Assistance program and its defense programs so that, by
            1992, the level of spending by Japan on those programs
            (stated as a percentage of gross national product) will
            approximate the average of the levels of spending by
            the member nations of the North Atlantic Treaty
            Organization on official development assistance and
            defense programs (stated as a percentage of their
            respective gross national products).
              (2) Devoting increased spending for its Official
            Development Assistance program primarily to the
            Republic of the Philippines and regions of importance
            to global stability outside of East Asia, particularly
            Oceania, Latin America, and the Caribbean and
            Mediterranean nations.
              (3) Devoting any increase in spending for that
            program primarily to concessional, untied grants and
            increasing the portion of total expenditures made for
            that program for those multilateral financial
            institutions of which Japan is a member.
              (4) Designating those nations that are to be
            recipients of increased development assistance as
            described in paragraphs (1) through (3) through
            consultation with its security partners.
              (5) Completing its five-year defense program for
            fiscal years 1986 through 1990 and, at the earliest
            possible date after the completion of that program,
            further enhancing the fulfillment of the pledge of
            Prime Minister Suzuki referred to in subsection (a)(3).

                          Part C--Procurement Matters

    SEC. 1021.\11\ OVERSEAS WORKLOAD PROGRAM

        (a) In General.--A firm of any member nation of the North
    Atlantic Treaty Organization (NATO) or of any major non-NATO
    ally shall be eligible to bid on any contract for the
    maintenance, repair, or overhaul of equipment of the Department
    of Defense to be awarded under competitive procedures as part
    of the program of the Department of Defense known as the
    Overseas Workload Program.
    ---------------------------------------------------------------------------
        \11\ 10 U.S.C. 2341 note.
    ---------------------------------------------------------------------------
        (b) Site for Performance of Work.--A contract awarded
    during fiscal year 1988 or 1989 to a firm described in
    subsection (a) may be performed in the theater in which the
    equipment is normally located or in the country in which the
    firm is located.
        (c) Exceptions.--The Secretary of a military department may
    restrict the geographic region in which a contract referred to
    in subsection (a) may be performed if the Secretary determines
    that performance of the contract outside that specific region--
              (1) could adversely affect the military preparedness
            of the Armed Forces of the United States; or
              (2) would violate the terms of an international
            agreement to which the United States is a party.
        (d) Report Requirement.--(1) Not later than December 1,
    1988, the Secretary of Defense shall submit to Congress a
    report on the nature of the maintenance, repair, and overhaul
    work of the Department of Defense performed under the program
    of the Department of Defense known as the Overseas Workload
    Program.
        (2) The report shall include the following:
              (A) A description of the categories of work performed
            under that program and the costs associated with those
            categories of work.
              (B) A description of the capabilities of facilities
            that United States firms have established in Europe to
            perform work under that program.
              (C) A description of the capabilities to perform work
            under that program by firms in the United States,
            Canada, and countries that are major non-NATO allies of
            the United States.
              (D) A description of the maintenance, repair, and
            overhaul work under that program that could be
            performed in the United States or Canada, or in a
            country that is a major non-NATO ally, on a cost-
            effective basis and without a significant adverse
            effect on the readiness of the Armed Forces of the
            United States.
              (E) A list and detailed explanation of each of the
            instances, through October 31, 1988, in which the
            Secretary of a military department exercised the
            authority provided in subsection (c).
        (e) Definition.--For purposes of this section, the term
    ``major non-NATO ally'' has the meaning given that term by
    section 1105(g)(1) of the National Defense Authorization Act
    for Fiscal Year 1987 (Public Law 99-661).\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 1105(g)(1) of Public Law 99-661 defined ``major non-NATO
    ally'' as a country designated such by the Secretary of Defense with
    the concurrence of the Secretary of State.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1023. REPORT ON CO-PRODUCTION OR CO-ASSEMBLY OF M1A1 TANK

        (a) In General.--The Secretary of Defense shall submit to
    Congress a detailed report on any plans of the Department of
    Defense as of the time of the submission of the report
    regarding co-production or co-assembly of the M1 or M1A1 Abrams
    tank with a foreign country. The Secretary shall include in
    such report the following:
              (1) The status of any current negotiations by the
            Secretary of Defense with any foreign country regarding
            the co-production or co-assembly of the M1 or M1A1 tank
            by the United States and that country.
              (2) A comparison of the long-term effects on the
            United States mobilization base of production of such
            tank under a co-production or co-assembly arrangement
            with a foreign country.
              (3) The effect an arrangement with a foreign country
            for the co-production or co-assembly of such tank would
            have on the national security of the United States.
        (b) Deadline for Report.--The Secretary shall submit the
    report required under subsection (a) not later than 90 days
    after the date of the enactment of this Act.
        (c) Classification of Report.--The Secretary shall submit
    the report required under subsection (a) in both classified and
    unclassified form.

    SEC. 1024. WEAPONS STORAGE AND SECURITY SYSTEMS

        (a) Limitation on Installation.--Funds appropriated or
    otherwise made available to the Department of Defense for
    fiscal years 1988 and 1989 may not be expended for installation
    of Weapons Storage and Security Systems (WSSS) in the territory
    of any European member nation of the North Atlantic Treaty
    Organization until the Secretary of Defense certifies to
    Congress that the construction program with respect to such
    systems is eligible for common financing under the NATO
    Infrastructure program.
        (b) Effect of INF Treaty.--If a treaty on Intermediate
    Range Nuclear Forces (INF) is ratified before the certification
    under subsection (a) is made, the Secretary shall submit with
    the certification a plan for revising the installation of those
    systems in order to reflect any additional requirements
    resulting from that treaty.\13\
    ---------------------------------------------------------------------------
        \13\ For text of INF treaty, ratified on June 1, 1988, see
    Legislation on Foreign Relations, vol. V, sec. F.
    ---------------------------------------------------------------------------
        (c) Milestones.--The Secretary shall submit with the
    certification under subsection (a) a description of the key
    milestones for entering into contracts under the program and
    for reaching an agreement concerning NATO financing and shall
    include a certification that all available steps are being
    taken to accelerate agreement with NATO on a final plan for
    recoupment of advance funding by the United States for the
    installation of such systems.
              * * * * * * *

                   TITLE XI--DEPARTMENT OF DEFENSE MANAGEMENT

              * * * * * * *

                Part C--Security and Counterintelligence Matters

              * * * * * * *

    SEC. 1122.\14\ * * * [REPEALED--1993]
    ---------------------------------------------------------------------------

        \14\ Sec. 1122, repealed by sec. 502(f)(1) of the FRIENDSHIP Act
    (Public Law 103-199; 107 Stat. 2326), had required the Secretary of
    Defense to submit to Congress a report assessing Soviet electronic
    espionage capabilities from the Mount Alto embassy site.
    ---------------------------------------------------------------------------
              * * * * * * *

                         TITLE XII--GENERAL PROVISIONS

                         Part C--Miscellaneous Reports

              * * * * * * *

    SEC. 1222. REPORT ON CONTINGENCY PLANS TO DEAL WITH DISRUPTIONS IN
                        PERSIAN GULF CRUDE OIL SUPPLY

        (a) Report Requirement.--(1) Not later than 120 days after
    the date of the enactment of this Act, the Secretary of Defense
    and the Secretary of Energy shall submit to Congress a joint
    report on contingency plans of the Department of Defense and
    the Department of Energy for dealing with significant
    disruptions in the supply to the United States of crude oil
    produced by the nations of the Persian Gulf region. The report
    shall be prepared with the assistance of the Secretary of
    State.
        (2) If the Secretary of Defense and the Secretary of Energy
    find it necessary to classify the report (or any portion of the
    report), a nonclassified version containing all energy policy
    recommendations made by the two Secretaries shall be
    transmitted with the report.
        (b) Matters To Be Studied.--In preparing the report
    required by this section, and any periodic update to that
    report, the Secretaries shall--
              (1) ascertain the extent to which the Armed Forces of
            the United States, the civilian economy of the United
            States, and the nations of the free world (with
            specific reference to the NATO allies and to other
            strategic allies of the United States) currently depend
            on crude oil produced in the Persian Gulf region;
              (2) prepare a range of estimates on the types of
            disruptions that could occur in the supply of crude oil
            from the Persian Gulf region and the effect of each
            such disruption (including duration) on reduced
            availability of crude oil supply from the oil producing
            nations of the Persian Gulf;
              (3) develop a range of plans for dealing with supply
            disruptions and shortages of crude oil from the Persian
            Gulf region, including--
                      (A) the role and use of existing domestic
                    crude oil production, other non-Persian Gulf
                    sources of the world supply of crude oil, and
                    the Strategic Petroleum Reserve; and
                      (B) the use of any emergency power or
                    authority provided for by existing law; and
              (4) identify and review any bilateral or multilateral
            agreement (including the International Energy
            Agreement) which commits or obligates the United States
            to furnish crude oil or petroleum products to other
            nations.
        (c) Recommendations.--The report under subsection (a) shall
    set forth the policy and legislative recommendations of the
    Secretaries for improving the ability of the United States to
    respond effectively to problems created by significant
    disruptions in the production, transportation, and supply of
    crude oil in the Persian Gulf region.
        (d) Cost Estimates.--The report under subsection (a) shall
    include estimates of the total annual and per barrel cost of
    Persian Gulf crude oil to the world economy and to the United
    States economy.
              * * * * * * *

                         Part E--Miscellaneous Matters

    SEC. 1241.\15\ GAO STUDY OF THE CAPABILITIES OF THE UNITED STATES TO
                        CONTROL DRUG SMUGGLING INTO THE UNITED STATES

        (a) Study Requirement.--The Comptroller General of the
    United States shall conduct a comprehensive study regarding
    smuggling of illegal drugs into the United States and the
    current capabilities of the United States to deter such
    smuggling. In carrying out such study, the Comptroller General
    shall--
    ---------------------------------------------------------------------------
        \15\ 21 U.S.C. 801 note.
    ---------------------------------------------------------------------------
              (1) assess the national security implications of the
            smuggling of illegal drugs into the United States;
              (2) assess the magnitude, nature, and operational
            impact that current resource limitations have on the
            drug smuggling interdiction efforts of Federal law
            enforcement agencies and the capability of the
            Department of Defense to respond to requests for
            assistance from those law enforcement agencies;
              (3) assess the effect on military readiness, the
            costs that would be incurred, the operational effects
            on military and civilian agencies, the potential for
            improving drug interdiction operations, and the methods
            for implementing increased drug law enforcement
            assistance by the Department of Defense under section
            825 of H.R. 1748 as passed the House of Representatives
            on May 20, 1987,\16\ as if such section were enacted
            into law and were to become effective on January 1,
            1988;
    ---------------------------------------------------------------------------
        \16\ H.R. 1748 provided, in part, the following:
    ---------------------------------------------------------------------------

    ``sec. 825. enhanced authority of members of the armed forces in drug
    interdiction activities
    ---------------------------------------------------------------------------

        ``(a) In General.--Section 374 of title 10, United States Code, is
    amended by adding at the end the following new subsection:
        `` `(e)(1) Subject to paragraph (2), the Secretary of Defense, upon
    request from the head of a Federal agency with jurisdiction to enforce
    the Controlled Substance Act (21 U.S.C. 801 et seq.) or the Controlled
    Substance Import and Export Act (21 U.S.C. 951 et seq.), may assign
    members of the armed forces under the Secretary's jurisdiction to
    assist drug enforcement officials of that agency in searches, seizures,
    and arrests outside the land area of the United States (or of any
    territory or possession of the United States) in connection with the
    enforcement of those Acts.
        `` `(2) Members may be assigned to provide assistance under
    paragraph (1) only if--
    ---------------------------------------------------------------------------

      `` `(A) the Attorney General certifies that there are insufficient law
    enforcement resources available to ensure the success of the operation;

      `` `(B) the assistance is approved by the Secretary of Defense with the
    concurrence of the Secretary of State; and

      `` `(C) Federal drug enforcement officials maintain control over the
    activities and direction of any drug enforcement operation.' ''.
    ---------------------------------------------------------------------------

        The text of sec. 825, as it appeared in the House passed version on
    May, 20, 1987, was not retained when H.R. 1748 was enacted into law as
    Public Law 100-180.
    ---------------------------------------------------------------------------
              (4) assess results of a cooperative drug enforcement
            operation between the United States Customs Service and
            National Guard units from the States of Arizona, Utah,
            Missouri, and Wisconsin conducted along the United
            States-Mexico border beginning on August 29, 1987, and
            include in the assessment information relating to the
            cost of conducting the operation, the personnel and
            equipment used in such operation, the command and
            control relationships in such operation, and the legal
            issues involved in such operation;
              (5) determine whether giving the Armed Forces a more
            direct, active role in drug interdiction activities
            would enhance the morale and readiness of the Armed
            Forces;
              (6) determine what assets are currently available to
            and under consideration for the Department of Defense,
            the Department of Transportation, the Department of
            Justice, and the Department of the Treasury for the
            detection of airborne drug smugglers;
              (7) assess the current plan of the Customs Service
            for the coordinated use of such assets;
              (8) determine the cost effectiveness and the
            capability of the Customs Service to use effectively
            the information generated by the systems employed by or
            planned for the Department of Defense, the Coast Guard,
            and the Customs Service, respectively, to detect
            airborne drug smugglers;
              (9) determine the availability of current and
            anticipated tracking, pursuit, and apprehension
            resources to use the capabilities of such systems; and
              (10) at a minimum, assess the detection capabilities
            of the Over-the-Horizon Backscatter radar (OTH-B),
            ROTHR, aerostats, airships, and the E-3A, E-2C, P-3,
            and P-3 Airborne Early Warning aircraft (including any
            variant of the P-3 Airborne Early Warning aircraft).
        (b) Reports.--(1) Not later than April 30, 1988, the
    Comptroller General shall, as provided in paragraph (3), submit
    a report on the results of the study required by subsection (a)
    with respect to the elements of the study specified in
    paragraphs (1) through (5) of that subsection.
        (2) As soon as practicable after the report under paragraph
    (1) is submitted, and not later than March 31, 1989, the
    Comptroller General shall, as provided in paragraph (3), submit
    a report on the results of the study required by subsection (a)
    with respect to the elements of the study specified in
    paragraphs (6) through (10) of that subsection.
        (3) The reports under paragraphs (1) and (2) shall be
    submitted to--
              (A) the Committees on Armed Services, the Judiciary,
            Foreign Relations, and Appropriations of the Senate;
              (B) the Committees on Armed Services, the Judiciary,
            Foreign Affairs, and Appropriations of the House of
            Representatives; \17\
    ---------------------------------------------------------------------------
        \17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
              (C) the members of the Senate Caucus on International
            Narcotics Control; and
              (D) the Select Committee on Narcotics Abuse and
            Control of the House of Representatives.
        (4) The reports under this subsection shall be submitted in
    both classified and unclassified forms and shall include such
    comments and recommendations as the Comptroller General
    considers appropriate.

    SEC. 1242. TRANSFER OF FUNDS TO THE COAST GUARD

        Of the amounts appropriated to the Department of Defense
    for fiscal years 1988 and 1989, the Secretary of Defense shall
    transfer to the Secretary of Transportation funds to assist in
    providing for the Law Enforcement Detachment program of the
    Coast Guard as follows:
              (1) $3,000,000 from amounts appropriated for fiscal
            year 1988.
              (2) $6,000,000 from amounts appropriated for fiscal
            year 1989.
              * * * * * * *

                      TITLE XIV--FOREIGN RELATIONS MATTERS

    SEC. 1401. COMMENDATION OF ARMED FORCES IN PERSIAN GULF FOR SUCCESS OF
                        CERTAIN OPERATIONS

        (a) Findings.--Congress makes the following findings:
              (1) The Armed Forces of the United States are
            currently engaged in operations in the Persian Gulf,
            including operations to escort United States flag
            vessels moving through the Gulf, in order to protect
            national security interests of the United States and
            the principle of freedom of navigation in international
            waters.
              (2) The government of Iran, through the use of its
            armed forces and revolutionary guards, is engaging in
            ongoing activities, including the laying of mines in
            international waters, to disrupt shipping in the
            Persian Gulf.
              (3) During the night of September 21-22, 1987, Army
            and Naval forces of the United States detected an
            Iranian mine-laying activity underway in international
            waters in the Persian Gulf and, in an outstanding
            instance of joint military operations, tracked and
            neutralized the boat carrying out the mine laying.
              (4) On October 8, 1987, elements of the Armed Forces
            of the United States, acting jointly, successfully
            defended themselves against an attack by Iranian forces
            in the Persian Gulf.
              (5) The success of those joint operations (A) serves
            notice to Iran that the United States will react
            decisively and effectively to such hostile activities,
            and (B) may result in reduced risk to United States
            interests in the Persian Gulf.
              (6) There is precedent throughout the history of the
            United States for Congress to recognize and commend
            similar operations by the Armed Forces of the United
            States, including Congressional praise on February 3,
            1802, of ``the gallant conduct'' of certain members of
            a United States Naval force in the Wars with the
            Barbary Powers.
        (b) Congressional Commendations.--The Congress hereby--
              (1) declares that those members of the Armed Forces
            who participated in the joint operations of September
            21-22, 1987, and October 8, 1987, in the Persian Gulf
            acted in the finest military and naval traditions of
            the United States and displayed exemplary
            professionalism, skill, and dedication; and
              (2) commends those members, and all members of the
            Armed Forces who acted in support of those operations,
            for their participation in those important and
            successful operations.

    SEC. 1402. SENSE OF THE SENATE REGARDING JUSTIFICATION FOR SINKING
                        IRANIAN VESSELS

        It is the sense of the Senate that the Armed Forces of the
    United States are fully justified in sinking any Iranian vessel
    which threatens the safe passage of (1) any warship of the
    United States, or (2) any other vessel known to have on board
    any citizen of the United States. This section shall not in
    itself be construed as legislative authority for any specific
    military operation.

    SEC. 1403. UNITED STATES POLICY TOWARD PANAMA

        (a) Findings.--The Congress makes the following findings:
              (1) The executive, judicial, and legislative branches
            of the Government of Panama are now under the influence
            and control of the Panamanian Defense Forces.
              (2) A broad coalition of church, business, labor,
            civic, and political groups in Panama has called for an
            objective and thorough investigation of allegations
            concerning serious violations of law by certain
            officials of the Government of Panama and the
            Panamanian Defense Forces and has insisted that General
            Noriega and others involved relinquish their official
            positions until such an investigation has been
            completed.
              (3) The Panamanian people continue to be denied the
            full rights and protections guaranteed by their
            constitution, as evidenced by continuing censorship and
            the closure of the independent media, arrests without
            due process, and instances of the use of excessive
            force by the Panamanian Defense Forces.
              (4) Political unrest and social turmoil in Panama can
            only be resolved if the Government of Panama begins to
            demonstrate respect for and adherence to all provisions
            of the Panamanian constitution.
        (b) Policy.--Therefore, it is the sense of Congress that,
    subject to the condition expressed in subsection (c), the
    United States should take the following actions:
              (1) Cease all economic and military assistance
            provided to the Government of Panama under the Foreign
            Assistance Act of 1961 and the Arms Export Control Act,
            other than assistance to meet immediate humanitarian
            concerns.
              (2) Suspend all shipments of military equipment
            (including spare parts for military equipment) to the
            Government of Panama or to any of its agencies or
            institutions.
              (3) Reassess whether the United States should
            terminate the importation into the United States of
            sugar, syrup, and molasses produced in Panama and
            reallocate among other foreign countries the quantities
            of such products that otherwise would be imported from
            Panama.
        (c) Conditions.--It is further the sense of Congress that
    the United States should take the actions described in
    subsection (b) unless, within 45 days after the date of the
    enactment of this Act--
              (1) the Government of Panama has demonstrated
            substantial progress in the effort to assure civilian
            control of the armed forces and that the Panama Defense
            Forces and its leaders have been removed from
            nonmilitary activities and institutions;
              (2) the Government of Panama has established an
            independent investigation into allegations of illegal
            actions by members of the Panama Defense Forces;
              (3) a nonmilitary transitional government is in
            power; and
              (4) all constitutional guarantees, including freedom
            of the press, have been restored to the people of
            Panama.

    SEC. 1404. CONGRESSIONAL STATEMENTS CONCERNING VIETNAMESE OCCUPATION OF
                        CAMBODIA AND JAPANESE TRADE WITH VIETNAM

        (a) Findings.--The Congress finds that--
              (1) during the nine years since Vietnam invaded
            Cambodia in late 1978, most Western countries have
            pledged to maintain an embargo on trade with and
            developmental aid to Vietnam until Vietnamese troops
            are withdrawn from Cambodia;
              (2) Japan joined in this embargo by freezing
            approximately $135,000,000 in grants and concessionary
            loans to Vietnam and reducing trade levels with Vietnam
            from $220,000,000 in 1978 to $120,000,000 the following
            year;
              (3) despite the fact that 140,000 Vietnamese troops
            continue to occupy Cambodia, Japan's economic ties with
            Vietnam have grown steadily since 1982, reaching a
            current annual trade level of $230,000,000;
              (4) this trade has included trade in goods and
            technology which enhances the productive capacity and
            the infrastructure base of Vietnam; and
              (5) the 65,000,000 people of Vietnam are a tempting
            lure for investors seeking low wages and for traders
            seeking new markets.
        (b) Condemnation of Vietnamese Occupation of Cambodia.--The
    Congress hereby--
              (1) reaffirms its condemnation of the continued
            Vietnamese occupation of the sovereign State of
            Cambodia, an activity which violates all standards of
            conduct befitting a responsible nation and contravenes
            all recognized principles of international law; and
              (2) reaffirms its call for Vietnam to withdraw from
            Cambodia as the only way Vietnam can expect to end its
            self-induced economic isolation.
        (c) Statement on Japanese Trade With Vietnam.--The Congress
    hereby strongly urges the Government of Japan to--
              (1) continue to refrain from granting to Vietnam any
            official economic assistance;
              (2) refrain from granting to Vietnam any form of
            trade financing, including export credits, trade-
            related credit insurance, and extended loans for
            infrastructure development;
              (3) continue to discourage its private business
            sector from exporting to Vietnam goods and technology
            which enhance the productive capacity and the
            infrastructure base of Vietnam, including in particular
            equipment for--
                      (A) oil exploration and development,
                      (B) forestry and fishery production,
                      (C) development of raw materials for light
                    industries, and
                      (D) the upgrading of export productive
                    capacities; and
              (4) strongly discourage the private business sector
            of Japan from providing financing which in any way
            facilitates trade with Vietnam.

    SEC. 1405. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO
                        NICARAGUA FOR COMBAT

        Congress hereby reaffirms the sense of Congress expressed
    in the first session of the 99th Congress (in section 1451 of
    the Department of Defense Authorization Act, 1986 (Public Law
    99-145; 99 Stat. 760)), that United States Armed Forces should
    not be introduced into or over Nicaragua for combat. However,
    nothing in this section shall be construed as affecting the
    authority and responsibility of the President or Congress under
    the Constitution, statutes, or treaties of the United States in
    force.
              * * * * * * *
          cc. National Defense Authorization Act for Fiscal Year 1987

     Partial text of Public Law 99-661 [S. 2638], 100 Stat. 3816, approved
     November 14, 1986; as amended by Public Law 100-456 [National Defense
       Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 1918,
       approved September 29, 1988; Public Law 101-189 [National Defense
    Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat.
     1352, approved November 29, 1989; Public Law 103-199 [FRIENDSHIP Act;
    H.R. 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 104-
    106 [National Defense Authorization Act for Fiscal Year 1996; S. 1124],
     110 Stat. 186, approved February 10, 1996; and by Public Law 105-261
      [Strom Thurmond National Defense Authorization Act for Fiscal Year
          1999; H.R. 3616], 112 Stat. 1920, approved October 17, 1998

     AN ACT To authorize appropriations for fiscal year 1987 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
        improve the defense acquisition process, and for other purposes.

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

                              TITLE I--PROCUREMENT

              * * * * * * *

              TITLE II--RESEARCH, DEVELOPMENT, TEXT AND EVALUATION

              * * * * * * *

                      Part B--Strategic Defense Initiative

    SEC. 211. FISCAL YEAR 1987 FUNDING LEVEL FOR STRATEGIC DEFENSE
                        INITIATIVE

        Of the amount authorized in section 201 for research,
    development, test, and evaluation for the Defense Agencies, not
    more than $3,213,000,000 is available for the Strategic Defense
    Initiative (SDI) Program.

    SEC. 212. JOINT DEVELOPMENT OF ANTITACTICAL BALLISTIC MISSILE SYSTEM

        Of the funds available for the Strategic Defense Initiative
    under section 211, not more than $50,000,000 shall be available
    for the joint development, on a matching fund basis, of an
    anti-tactical ballistic missile system for deployment with NATO
    allies and other countries that the United States has invited
    to participate in the Strategic Defense Initiative Program.

    SEC. 213.\1\ LIMITATION ON ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH
                        AND DEVELOPMENT CENTER FOR THE STRATEGIC DEFENSE
                        INITIATIVE PROGRAM

        (a) Limitation.--The Secretary of Defense may not obligate
    or expend any funds for the purpose of operating a Federally
    funded research and development center that is established for
    the support of the Strategic Defense Initiative Program after
    the date of the enactment of this Act unless--
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 2431 note.
    ---------------------------------------------------------------------------
              (1) the Secretary submits to the Committees on Armed
            Services of the Senate and House of Representatives \2\
            a report with respect to such proposed center that
            provides the information described in subsection (b);
            and
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) funds are specifically authorized to be
            appropriated for such purpose after the date of the
            enactment of this Act in and Act other than--
                      (A) an appropriations Act; or
                      (B) a continuing resolution.
        (b) Content of Report.--A report submitted under subsection
    (a)(1) with respect to a proposed center shall include a
    discussion of--
              (1) the ability of existing Federally funded research
            and development centers, Federal research laboratories,
            and private contractors to perform the objectives of
            technological integration and evaluation required by
            the Strategic Defense Initiative Organization;
              (2) the comparative cost of having the proposed work
            performed by--
                      (A) the Strategic Defense Initiative
                    Organization;
                      (B) Federally funded research and development
                    centers in existence on the date of the
                    enactment of this Act;
                      (C) by Federal research laboratories; or
                      (D) by private research laboratories;
                      (E) by such center;
              (3) whether such center is intended to be--
                      (A) primarily a study and analysis center; or
                      (B) primarily a system engineering/system
                    integration center;
              (4) whether such center will be required or
            authorized to enter into contracts under which research
            projects would be performed by other Federally funded
            research and development centers, Federal research
            laboratories, or private contractors;
              (5) whether the contract to operate such center will
            be awarded on a competitive basis;
              (6) whether proposals with respect to the operation
            of such center--
                      (A) will be considered by the appropriate
                    Defense Agency; and
                      (B) will be subjected to review by persons to
                    be elected by the National Academy of Sciences;
              (7) whether such center will be designed to prevent
            even the possibility of an appearance of conflict of
            interest--
                      (A) by prohibiting any officer, employee, or
                    member of the governing body of such center
                    from holding any position with--
                              (i) the Strategic Defense Initiative
                            Organization; or
                              (ii) a private contractor that has a
                            substantial interest in the development
                            of the Strategic Defense Initiative;
                            and
                      (B) by prohibiting more than one-half of the
                    members of the governing body of the proposed
                    Federally Funded Research Center from
                    simultaneously holding any position with the
                    Strategic Defense Initiative Advisory Committee
                    or any similar body which provides
                    technologies, scientific, or strategic advice
                    to the Department of Defense about the
                    Strategic Defense Initiative;
              (8) whether other actions will be taken to avoid
            possible conflict of interest situations within such
            center;
              (9) the role of the Department of Defense in--
                      (A) the selection of the staff of such
                    center; and
                      (B) the internal organization of such center;
                    and
              (10) whether a prescribed minimum percentage of the
            annual budget of such center will be set aside for
            research to be conducted independently of the
            Department of Defense.
        (c) Comptroller General Report.--The Comptroller General of
    the United States shall also submit a report to Congress
    providing an analysis of the items in subsection (b) as
    appropriate.

    SEC. 214.\3\ REPORT ON PROJECTED COSTS OF SDI PROGRAM * * *

    SEC. 215.\4\ REPORT ON STRATEGIC DEFENSE INITIATIVE DEPLOYMENT SCHEDULE
                        * * * [REPEALED--1987]

    SEC. 216. EFFECT OF STRATEGIC DEFENSE INITIATIVE ON COMPLIANCE WITH THE
                        ANTI-BALLISTIC MISSILE TREATY

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \3\ Sec. 214 amended sec. 223(b) of the Department of Defense
    Authorization Act, 1986 (Public Law 99-145; 99 Stat. 613).
        \4\ Sec. 215 was repealed by sec. 231 of Public Law 100-180 (101
    Stat. 1019).
    ---------------------------------------------------------------------------
              (1) The President's Commission on Strategic Forces
            declared in its report to the President, dated March
            21, 1984, that ``One of the most successful arms
            control agreements is the Anti-Ballistic Missile Treaty
            of 1972''.
              (2) The Secretary of State has stated that the ``ABM
            Treaty requires consultations and the President has
            explicitly recognized that any ABM-related deployments
            arising from research into ballistic missile defenses
            would be a matter for consultations and negotiations
            between the Parties''.
              (3) The Secretary of State declared on October 14,
            1985, that ``our research program has been structured
            and, as the President has reaffirmed, will continue to
            be conducted in accordance with a restrictive
            interpretation of the treaty's obligations''.
              (4) The President has determined that the Krasnoyarsk
            rather is a violation of the ABM Treaty.
              (5) The Krasnoyarsk radar therefore erodes the
            integrity of the ABM Treaty and is a matter of serious
            concern.
        (b) Congressional Declarations.--The Congress therefore
    declares--
              (1) that it fully supports the declared policy of the
            President that a principal objective of the United
            States in negotiations with the Soviet Union on nuclear
            and space arms is to reverse the erosion of the Treaty
            between the United States of America and the Union of
            Soviet Socialist Republics on the Limitation of Anti-
            Ballistic Missile Systems, signed on May 26, 1972
            (commonly referred to as the ``ABM Treaty''); and
              (2) that action by the Congress in approving funds in
            this Act for research on the Strategic Defense
            Initiative--
                      (A) does not express or imply an intention on
                    the part of Congress that the United States
                    should abrogate, violate, or otherwise erode
                    such treaty; and
                      (B) does not express or imply any
                    determination or commitment on the part of
                    Congress that the United States develop, test,
                    or deploy ballistic missile strategic defense
                    weaponry that would contravene such treaty.

    SEC. 217. REPORT ON THE ANTI-BALLISTIC MISSILE TREATY

        (a) Report on Less Restrictive Interpretation.--The
    Secretary of Defense shall submit to Congress a report
    concerning the effect of the less restrictive interpretation of
    the Anti-Ballistic Missile Treaty on the Strategic Defense
    Initiative program.
        (b) Matters To Be Included.--The report shall include the
    following:
              (1) An analysis of the ramifications of the less
            restrictive interpretation on the development under the
            Strategic Defense Initiative Program, of strategic
            defenses, including comprehensive strategic defense
            systems, and more limited defenses designed to protect
            vital United States military and command and control
            assets, based on ``other physical principles''. This
            analysis should compare research and development
            programs pursued under both the restrictive and less
            restrictive interpretations of such treaty including a
            comparative analysis of--
                      (A) the overall cost of the research and
                    development programs.
                      (B) the schedule of the research and
                    development programs, and
                      (C) the level of confidence attained in the
                    research and development programs with respect
                    to supporting a full-scale engineering
                    development decision in the early 1990's.
              (2) A list of options under the less restrictive
            interpretation of such treaty that meet one or more of
            the following objectives:
                      (A) Reduction of the overall development
                    cost.
                      (B) Advancement of the schedule for a full-
                    scale engineering development decision.
                      (C) Increase in the level of confidence in
                    the results of the research by the original
                    full-scale development date.
        (c) Deadline for Report.--The report under subsection (a)
    shall be submitted not later than February 1, 1987.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

               Part B--Program changes and Permanent Law Changes

              * * * * * * *

    SEC. 316.\5\ PROHIBITION OF PURCHASE OF ANGOLAN PETROLEUM PRODUCTS FROM
                        COMPANIES PRODUCING OIL IN ANGOLA

        (a) General Rule.--The Secretary of Defense may not enter
    into a contract with a company for the purchase of petroleum
    products which originated in Angola if the company (or a
    subsidiary or partnership of the company) is engaged in the
    production of petroleum products in Angola.
    ---------------------------------------------------------------------------
        \5\ 10 U.S.C. 2304 note. Sec. 842 of Public Law 102-484 (106 Stat.
    2468) provided the following termination:
    ---------------------------------------------------------------------------

    ``sec. 842. purchase of angolan petroleum products.
    ---------------------------------------------------------------------------

        ``The prohibition in section 316 of the National Defense
    Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 U.S.C. 2304
    note) shall cease to be effective on the date on which the President
    certifies to Congress that free, fair, and democratic elections have
    taken place in Angola.''.
    ---------------------------------------------------------------------------
        (b) Waiver Authority.--The Secretary of Defense may waive
    the limitation in subsection (a) if the Secretary determines
    that such action is in the best interest of the United States.
        (c) Petroleum Product Defined.--For purposes of this
    section, the term ``petroleum product'' means--
              (1) natural or synthetic crude;
              (2) blends of natural or synthetic crude; and
              (3) products refined or derived from natural or
            synthetic crude or form such blends.
        (d) Effective Date.--This section shall take effect six
    months after the date of the enactment of this Act.
              * * * * * * *

                   Part C--Humanitarian and Other Assistance

    SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

        (a) \6\ Transportation, Administration, and Distribution of
    Humanitarian Relief Supplies to Afghan Refugees. * * *
    ---------------------------------------------------------------------------
        \6\ Sec. 331(a) amended sec. 305 of the Department of Defense
    Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617).
    ---------------------------------------------------------------------------
        (b) Reports.--The Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of
    Representatives \7\ two reports, one of which shall be
    submitted not later than 60 days after the date of the
    enactment of this Act and the other not later than June 1,
    1987. Each such report shall contain (as of the date on which
    the report is submitted) the following information:
    ---------------------------------------------------------------------------
        \7\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) The total amount of funds obligated for
            humanitarian relief under section 305 of the Department
            of Defense Authorization Act, 1986 (Public Law 99-145;
            99 Stat. 617) (as amended by subsection (a)).\6\
              (2) the number of scheduled and completed flights for
            purposes of providing humanitarian relief under section
            305 of such Act.
              (3) A description of any transfer (including to whom
            the transfer is made) of excess nonlethal supplies of
            the Department of Defense made available for
            humanitarian relief purposes under section 2547 of
            title 10, United States Code.
              * * * * * * *

                      TITLE IX--PROCUREMENT POLICY REFORM

              * * * * * * *
    ---------------------------------------------------------------------------
        \8\ Sec. 951 added 10 U.S.C. 2327.
    ---------------------------------------------------------------------------

    SEC. 951.\8\ CONTRACTING WITH FIRMS OWNED OR CONTROLLED BY GOVERNMENTS
                        THAT SUPPORT TERRORISM. * * *

                       TITLE X--ARMS CONTROL MATTERS \9\
    ---------------------------------------------------------------------------

        \9\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              * * * * * * *

              TITLE XI--MATTERS RELATING TO NATO AND OTHER ALLIES

    SEC. 1101.\10\ MODERNIZATION OF DEFENSE CAPABILITIES OF COUNTRIES OF
                        NATO'S SOUTHERN FLANK * * *

    SEC. 1102.\11\ NATO COOPERATIVE LOGISTIC SUPPORT AGREEMENTS * * *
                        [REPEALED --1989]
    ---------------------------------------------------------------------------

        \10\ Sec. 1101 amended chapter 2 of part II of the Foreign
    Assistance Act of 1961, by adding a new sec. 516. For text, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
        \11\ Sec. 931 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified
    several sections of title 10 relating to cooperative agreements with
    NATO and other countries (see secs. 2350a-f), and repealed secs. 1102
    and 1105.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1105.\10\ COOPERATIVE RESEARCH AND DEVELOPMENT WITH MAJOR NON-NATO
                        ALLIES * * * [REPEALED--1989]

              * * * * * * *

                         TITLE XIII--GENERAL PROVISIONS

                           Part A--Financial Matters

              * * * * * * *

    SEC. 1303. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN CURRENCY
                        PURCHASES

        There is hereby authorized to be appropriated for fiscal
    year 1987 the amount of $3,500,000 for the purchase of foreign
    currencies from the Treasury Department to pay expenses
    incurred in carrying out programs of the Department of Defense.
              * * * * * * *

                             Part F--Miscellaneous

    SEC. 1351.\12\ LIMITATION ON SOURCE OF FUNDS FOR NICARAGUAN DEMOCRATIC
                        RESISTANCE

        Notwithstanding title II of the Military Construction
    Appropriations Act, 1987, or any other provision of law, funds
    appropriated or otherwise made available to the Department of
    Defense for any fiscal year for operation and maintenance may
    not be used to provide assistance for the democratic resistance
    forces in Nicaragua. If funds appropriated or otherwise made
    available to the Department of Defense for any fiscal year are
    authorized by law to be used for such assistance, funds for
    such purpose may only be derived from amounts appropriated or
    otherwise made available to the Department for procurement
    (other than ammunition).
    ---------------------------------------------------------------------------
        \12\ 10 U.S.C. 114 note. Sec. 1063(a) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    444) struck out subsec. (b), which had required the Secretary of
    Defense to report to Congress on the source of funds used for this
    section, and struck out ``(a) Limitation.--'' preceding
    ``Notwithstanding''.
    ---------------------------------------------------------------------------

    SEC. 1352. BUDGET ACCOUNTING FOR NEW SPACE SHUTTLE

        Funds appropriated for the procurement of a shuttle orbiter
    by the National Aeronautics and Space Administration to replace
    the Challenger space shuttle orbiter may not be charged by any
    official of the executive or legislative branch against major
    budget function category 050 (National Defense).

    SEC. 1353. PROMPT REPORTING OF INTELLIGENCE ON TERRORIST THREATS

        (a) In General.--(1) Subject to subsection (b), the
    Secretary of Defense shall instruct all appropriate officials
    of the Department of Defense to take such action as may be
    necessary to ensure that all credible, time-sensitive
    intelligence received by or otherwise available to United
    States officials concerning potential terrorist threats to--
              (A) United States citizens or facilities (including
            citizens and facilities overseas); or
              (B) any other potential target for terrorist
            activities designated by the Secretary,
    is reported promptly to the headquarters or office of the
    Department of Defense concerned.
              * * * * * * *

    SEC. 1364.\13\ FOREIGN ESPIONAGE ACTIVITIES IN THE UNITED STATES

        The Congress declares that it is the policy of the United
    States to impose appropriate restrictions (including travel
    restrictions) on the official representatives of any foreign
    country, as well upon the nationals of such country who are
    employed by international organizations, when the President
    determines that a pattern of abuses by that nation exists.
    ---------------------------------------------------------------------------
        \13\ Sec. 502(h) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2327) repealed subsecs. (a) and (c) of this section, relating to
    espionage activities of the Soviet Union, and struck subsec.
    designation ``(b) Congressional Policy.--'' before the remaining text.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1368. SENSE OF CONGRESS REGARDING THE DEATH OF LIEUTENANT COLONEL
                        ARTHUR D. NICHOLSON, JUNIOR

        (a) Findings.--The Congress finds the following:
              (1) On March 24, 1985, Lieutenant Colonel Arthur D.
            Nicholson, Junior, of the United States Army (then
            holding the grade of major) was carrying out his
            official duties as a liaison officer of the United
            States Military Liaison Mission.
              (2) On that date, Lieutenant Colonel Nicholson was
            performing his duties in uniform and in an open and
            direct manner, according to orders, and was conducting
            himself in a way which was neither provocative nor
            beyond the limits of proper conduct for members of the
            United States Military Liaison Mission, and which was
            well understood and accepted by the Soviet Union.
              (3) On that date, a member or members of the armed
            forces of the Soviet Union shot and fatally wounded
            Lieutenant Colonel Nicholson without warning and
            without provocation.
              (4) After having shot Lieutenant Colonel Nicholson,
            members of the armed forces of the Soviet Union
            forcibly restrained Lieutenant Colonel Nicholson's aide
            and prevented him from providing medical assistance to
            Lieutenant Colonel Nicholson, so that Lieutenant
            Colonel Nicholson died slowly and with great suffering,
            which death and suffering might have been prevented had
            Lieutenant Colonel Nicholson been permitted to receive
            assistance.
              (5) The death of Lieutenant Colonel Nicholson was an
            untimely, unnecessary, cold-blooded murder committed
            against a United States military officer in pursuit of
            his official duties by a member or members of the armed
            forces of the Soviet Union, in a painful and degrading
            manner.
        (b) Sense of Congress.--The Congress deplores and condemns
    the cold-blooded murder of Lieutenant Colonel Arthur D.
    Nicholson, Junior. It is the sense of Congress that the
    Government of the Soviet Union should--
              (1) apologize for and renounce the murder of
            Lieutenant Colonel Nicholson; and
              (2) indemnify the family of Lieutenant Colonel
            Nicholson financially.
              * * * * * * *

    SEC. 1371. NUCLEAR WINTER STUDY AND REPORT

        (a) Study.--The Secretary of Defense shall conduct a
    comprehensive study on the atmospheric, climatic, biological,
    health, and environmental consequences of nuclear explosions
    and nuclear exchanges and the implications that such
    consequences have for the nuclear weapons, arms control, and
    civil defense policies of the United States.
        (b) Report.--Not later than November 1, 1987, the Secretary
    shall submit to the President and the Congress an unclassified
    report suitable for release to the public, with classified
    addenda if necessary, on the study conducted under subsection
    (a). The report shall contain the following:
              (1) A detailed review and assessment of the findings
            in the current body of domestic and international
            scientific literature on the atmospheric, climatic,
            biological, health, and environmental consequences of
            nuclear explosions and nuclear exchanges.
              (2) A thorough evaluation of the implications that
            such findings have on--
                      (A) the nuclear weapons policy of the United
                    States, especially with regard to strategy,
                    targeting, planning, command, control,
                    procurement, and deployment;
                      (B) the nuclear arms control policy of the
                    United States; and
                      (C) the civil defense policy of the United
                    States.
              (3) A discussion of the manner in which the results
            of such evaluation of policy implications will be
            incorporated into the nuclear weapons, arms control,
            and civil defense policies of the United States.
              (4) An analysis of the extent to which current
            scientific findings on the consequences of nuclear
            explosions are being studied, disseminated, and used in
            the Soviet Union.
              (5) A plan for a five-year research program to
            advance understanding of nuclear winter and an estimate
            of the funding necessary to carry out such a research
            program.
        (c) Evaluation of Report.--Upon submission of the report
    under subsection (b), the Secretary shall contract with the
    National Academy of Sciences to--
              (1) make an independent evaluation of the material
            contained in the report; and
              (2) not later than April 1, 1988, submit a report to
            the Secretary of Defense and to the Committees on Armed
            Services of the Senate and of the House of
            Representatives,\14\ setting forth the results of the
            evaluation and may recommendations pertaining to the
            contents of the report, including the plan for the
            five-year research program.
    ---------------------------------------------------------------------------
        \14\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1373. DRUG INTERDICTION

        (a) Comprehensive Program.--Not later than 180 days after
    the date of the enactment of this Act, the President shall
    submit to Congress a comprehensive program designed to
    interdict aircraft, vessels, and vehicles carrying illegal
    drugs into the United States. The program shall include the
    following:
              (1) A clear division of authority in drug
            interdiction and drug enforcement efforts among all
            Federal law enforcement agencies involved in those
            efforts and a mechanism which will insure maximum
            coordination and cooperation among those agencies.
              (2) Designation of a lead agency principally
            responsible for each of the following areas: marine and
            air drug interdiction beyond the borders of the United
            States; domestic and border drug interdiction efforts;
            and domestic and foreign drug law enforcement efforts.
              (3) A requirement that such lead agency shall be
            advised where possible in advance of activities by any
            other agency in its area of responsibility and that,
            upon objection by the lead agency, the matter shall be
            referred to the National Drug Enforcement Policy Board
            for resolution.
              (4) A comprehensive plan to enhance the capabilities,
            manpower and equipment of the United States Coast Guard
            by the end of fiscal year 1989 in order to
            substantially increase the role of the Coast Guard in
            drug interdiction and enforcement efforts. Such plan
            shall specify requirements for command and control
            between the Coast Guard and the Department of Defense
            and civilian drug law enforcement and interdiction
            agencies.
              (5) A comprehensive plan to maximize, to the extent
            it does not adversely affect military preparedness and
            consistent with the provisions of chapter 18 of title
            10, United States Code, assistance by the Department of
            Defense to other agencies in the drug enforcement and
            interdiction effort.
              (6) A requirement that maximum use be made of
            existing Department of Defense and Coast Guard command
            and control networks as well as other available
            military resources, including equipment, intelligence,
            and training capabilities.
        (b) Report--Not later than 180 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    report discussing the following:
              (1) Recommendations for amendments to chapter 18 of
            title 10, United States Code, to allow more efficient
            use of the Armed Forces in combating illegal drug
            trafficking.
              (2) The legal consequences of amending chapter 18 of
            title 10, United States Code, to permit the direct
            participation of members of the Armed Forces in the
            interdiction of vessels or aircraft, search and
            seizure, arrest, or other similar activity in the
            assistance of civilian law enforcement officials.
              (3) The amount of training, the cost of training, and
            the number of military personnel required to effectuate
            the changes referred to in paragraph (2).
              (4) The effect on military preparedness of a drug
            interdiction program that would require the Armed
            Forces to halt the unlawful penetration of the United
            States borders by aircraft and vessels carrying
            narcotics and that would use military personnel to
            locate, pursue, and seize such vessels and aircraft and
            to arrest their crews.
              (5) The costs in the areas of procurement, operation
            and maintenance, and personnel which would be necessary
            to restore military preparedness to the level existing
            before commencement of the program described in
            paragraph (4).
              (6) The cost and number of aircraft, vessels, and
            personnel needed to seal the borders of the United
            States, including Alaska and Hawaii, to interdict the
            unlawful penetration of aircraft, vessels, and ground
            traffic carrying narcotics.
              (7) The cost and number of aircraft and personnel
            needed to provide continuous aerial radar coverage of
            the United States in order to interdict the unlawful
            penetration of aircraft carrying narcotics.
              (8) The cost and number of rotor wing and fixed wing
            aircraft needed to pursue and seize intruding aircraft
            detected by the radar coverage referred to in paragraph
            (7) including a plan for the deployment of such rotor
            wing and fixed wing aircraft.
              (9) The effect of carrying out the program referred
            to in paragraph (4) of the United States' ability to
            meet its defense responsibilities, particularly to
            members of the North Atlantic Treaty Organization,
            Japan, Korea, and Australia.
              * * * * * * *
               dd. Department of Defense Authorization Act, 1986

      Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved
     November 8, 1985; as amended by Public Law 99-190 [Further Continuing
    Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December
    19, 1985; Public Law 99-661 [National Defense Authorization Act, Fiscal
    Year 1987; S. 2638], 100 Stat. 3816, approved November 14, 1986; Public
    Law 100-456 [National Defense Authorization Act, Fiscal Year 1989; H.R.
    4481], 102 Stat. 1918, approved September 29, 1988; Public Law 101-189
      [National Defense Authorization Act for Fiscal Years 1990 and 1991;
    H.R. 2461], 103 Stat. 1352, approved November 29, 1989; Public Law 101-
      510 [National Defense Authorization Act for Fiscal Year 1991, H.R.
     4739], 104 Stat. 1704, approved November 5, 1990; Public Law 102-190
      [National Defense Authorization Act for Fiscal Years 1992 and 1993,
     H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
      484 [National Defense Authorization Act for Fiscal Year 1993; H.R.
     5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160
     [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401],
        107 Stat. 1547, approved November 30, 1993; Public Law 103-199
      [FRIENDSHIP ACT; H.R. 3000], 107 Stat. 2317, approved December 17,
    1993; Public Law 103-337 [National Defense Authorization Act for Fiscal
     Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public
     Law 104-106 [National Defense Authorization Act for Fiscal Year 1996;
    S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201
     [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230],
        110 Stat. 2422, approved September 23, 1996; Public Law 105-85
     [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119],
     111 Stat. 1629, approved November 18, 1997; Public Law 105-261 [Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
      3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65
    [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
      Stat. 512, approved October 5, 1999; 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; Public Law 109-163
     [National Defense Authorization Act for Fiscal Year 2006; H.R. 1815],
                    119 Stat. 3136, approved January 6, 2006

       AN ACT To authorize appropriations for military functions of the
     Department of Defense and to prescribe military personnel levels for
     the Department of Defense for fiscal year 1986, to revise and improve
        military compensation programs, to improve defense procurement
       procedures, to authorize appropriations for fiscal year 1986 for
     national security programs of the Department of Energy, and for other
                                   purposes.

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

                              TITLE I--PROCUREMENT

              * * * * * * *

                         Part A--Funding Authorizations

              * * * * * * *

    SEC. 106. NATO COOPERATIVE PROGRAMS

        (a) Authorization of Appropriations for Cooperative Defense
    Programs.--(1) There is hereby authorized to be appropriated to
    the Secretary of Defense for fiscal year 1986 the amount of
    $75,000,000 for North Atlantic Treaty Organization cooperative
    defense programs as follows:
              For acquisition of point air defense of United States
            airbases in the Federal Republic of Germany,
            $30,000,000.
              For acquisition of point air defense of United States
            airbases and other critical United States military
            facilities in Italy, $15,000,000.
              For acquisition of point air defense and port defense
            for facilities in Belgium, $15,000,000.
              For acquisition of point air defense of United States
            airbases in Turkey, $15,000,000.
        (2) None of the amounts appropriated pursuant to the
    authorizations in paragraph (1) may be obligated \1\ for
    acquisitions in connection with a NATO cooperative defense
    program in which the financial obligations of the United States
    exceed the collective financial obligations of European
    countries in connection with such program.
    ---------------------------------------------------------------------------
        \1\ Sec. 1302(e) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out para.
    designations (A) and (B) here and accompanying text, including:
        ``(A) for implementation of a cooperative program until the
    Secretary of Defense submits to the Committees on Armed Services of the
    Senate and House of Representatives a copy of each government-to-
    government agreement relating to that program; or''.
    ---------------------------------------------------------------------------
        (b) Extension of Authority Provided Secretary of Defense in
    Connection With the NATO AWACS Program.--Effective on October
    1, 1985, section 103(a) of the Department of Defense
    Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is
    amended by striking out ``fiscal year 1985'' both places it
    appears and inserting in lieu thereof ``fiscal year 1986''.
              * * * * * * *

                      Part B--Strategic Defense Initiative

    SEC. 221. FUNDING FOR FISCAL YEAR 1986

        Of the amount authorized in section 201 for the Defense
    Agencies, $2,750,000,000 is available for the Strategic Defense
    Initiative, of which $12,500,000 is available only for the
    medical application of free-electron lasers and associated
    material and physical science research.
    ---------------------------------------------------------------------------
        \2\ Formerly at 10 U.S.C. 139 note. Sec. 253(1) of the National
    Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
    Stat. 234) repealed sec. 222, which had provided as follows:
    ---------------------------------------------------------------------------

    ``sec. 222. requirement for specific authorization for deployment of
    strategic defense initiative system
    ---------------------------------------------------------------------------

        ``A strategic defense system developed as a consequence of
    research, development, test, and evaluation conducted on the Strategic
    Defense Initiative program may not be deployed in whole or in part
    unless--
    ---------------------------------------------------------------------------

      ``(1) the President determines and certifies to Congress in writing
    that--

      ``(A) the system is survivable (that is, the system is able to maintain a
    sufficient degree of effectiveness to fulfill its mission, even in the face
    of determined attacks against it); and

      ``(B) the system is cost effective at the margin to the extent that the
    system is able to maintain its effectiveness against the offense at less
    cost than it would take to develop offensive countermeasures and
    proliferate the ballistic missiles necessary to overcome it; and

      ``(2) funding for the deployment of such system has been specifically
    authorized by legislation enacted after the date on which the President
    makes the certification to Congress.''.

    SEC. 222.\2\ * * * [REPEALED--1996]

    SEC. 223. REPORTS ON STRATEGIC DEFENSE INITIATIVE

        (a) Report on Potential Responses to SDI and on RDT&E
    Cost.--(1) The Secretary of Defense shall submit to Congress a
    report as to--
              (A) what probable responses can be expected from
            potential enemies should the Strategic Defense
            Initiative programs be carried out to procurement and
            deployment, such as what increase may be anticipated in
            offensive enemy weapons in an enemy's attempt to
            penetrate the defensive shield by increasing the number
            or qualities of its offensive weapons:
              (B) what can be expected from potential enemies in
            the deployment of weapons not endangered by the
            Strategic Defense Initiative, such as cruise missiles
            and low trajectory submarine missiles;
              (C) the degree of the dependency of success for the
            Strategic Defense Initiative upon a potential enemy's
            anti-satellite weapons capability; and
              (D) the cost estimates for the research, development,
            test, and evaluation for the proposed Strategic Defense
            Initiative.
        (2) The report required by paragraph (1) shall be submitted
    to Congress with the request of the Secretary of Defense for
    appropriations for the Strategic Defense Initiative for fiscal
    year 1987.
        (b) Report on Procurement and Deployment Cost.--The
    Secretary of Defense shall submit to Congress a report on the
    cost estimates for procurement and deployment of Strategic
    Defense Initiative programs. The report shall be submitted as
    soon as possible but not later than submission of the budget
    request of the Department of Defense for fiscal year 1989. The
    Secretary shall include in such report the following
    information: \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 214 of Public Law 99-661 added the last sentence and
    subparas. (1) and (2).
    ---------------------------------------------------------------------------
              (1) \3\ The cost goals or cost objectives for the
            production and deployment of a Strategic Defense
            Initiative System determined on the basis of
            capabilities expected to be developed in the future and
            the cost goals or cost objectives for the individual
            components of such system (determined on the basis of
            capabilities expected to be developed in the future).
              (2) \3\ The estimated cost for production and
            deployment of the Strategic Defense Initiative System
            referred to in paragraph (1) and determined on the
            basis of prices in effect and capabilities in existence
            at the time of the preparation of the report and the
            estimated cost for the production and deployment of the
            individual components of such system (determined on the
            basis of prices in effect and capabilities in existence
            at the time of the preparation of the report).

    SEC. 224. CONGRESSIONAL POLICY REGARDING CONSULTATION WITH OTHER
                        MEMBERS OF NATO ON THE STRATEGIC DEFENSE INITIATIVE

        (a) Commendation of President's Action.--The Congress
    commends the President's attempts to initiate cooperation
    between the United States and other member nations of the North
    Atlantic Treaty Organization (NATO) on the Strategic Defense
    Initiative.
        (b) Consultation and Cooperation With Other NATO Nations.--
    It is the sense of Congress--
              (1) that the mutual defense of NATO member nations is
            strengthened when there is a high degree of
            consultation and cooperation among member nations; and
              (2) that the President should continue consultations
            with other member nations of NATO on the Strategic
            Defense Initiative program and, to the maximum extent
            feasible and within national security guidelines, keep
            such member nations informed of the progress, plans,
            and potential proposals of the United States regarding
            such program.
    ---------------------------------------------------------------------------
        \4\ Sec. 253(2) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 225,
    which stated congressional findings and a sense of the Congress
    regarding SDI and the ABM Treaty.
    ---------------------------------------------------------------------------

    SEC. 225.\4\ * * * [REPEALED--1996]

    SEC. 226. REPORT ON STRATEGIC AND THEATER BALLISTIC MISSILE DEFENSES

        (a) Requirement for Study.--The Secretary of Defense shall
    conduct a study to examine the feasibility and military value
    of the early application of defenses against ballistic missile
    attack from the standpoint of--
              (1) defending high value United States and allied
            capabilities abroad; and
              (2) defending United States strategic deterrent
            capabilities.
        (b) Matters To Be Included in Study.--The study shall
    specifically address--
              (1) the contribution such defenses could make to
            deterrence stability;
              (2) the adequacy in this regard of existing programs,
            including in particular the Strategic Defense
            Initiative; and
              (3) the adequacy of the Army's Anti-Tactical Missile
            (ATM) program for allied defense.
        (c) Report on Study.--The Secretary of Defense shall submit
    to Congress a report containing the results of such study not
    later than February 15, 1986.

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

    SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR TRANSPORTATION OF
                        HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFUGEES

        (a) Authorization of Funds.--(1) There is hereby authorized
    to be appropriated to the Department of Defense for fiscal year
    1986 the sum of $10,000,000 and for fiscal year 1987 the sum of
    $10,000,000 for the purpose of providing transportation for
    humanitarian relief for persons displaced or who are refugees
    because of the invasion of Afghanistan by the Soviet Union.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 331(a) of the Department of Defense Authorization Act,
    1987 (Public Law 99-661; 100 Stat. 3816), added the phrase ``and for
    fiscal year 1987 the sum of $10,000,000''.
    ---------------------------------------------------------------------------
        (2) \6\ Of the funds appropriated by the Department of
    Defense Appropriations Act, 1986 (as contained in section
    101(b) of Public Law 99-190; 99 Stat. 1189), for operation and
    maintenance for the Air Force, $7,000,000 shall remain
    available for obligation until September 30, 1987, for the
    purpose described in paragraph (1) (including providing
    transportation of excess nonlethal supplies of the Department
    of Defense made available for humanitarian relief purposes
    under section 2547 of title 10, United States Code). Such funds
    shall be in addition to funds appropriated pursuant to the
    authorization in paragraph (1).
    ---------------------------------------------------------------------------
        \6\ This subsection was added by sec. 331(a) of the Department of
    Defense Authorization Act, 1987 (Public Law 99-661; 100 Stat. 3816).
    ---------------------------------------------------------------------------
        (b) Transportation Under Direction of the Secretary of
    State.--Transportation provided with funds appropriated
    pursuant to the authorization in this section shall be under
    the direction of the Secretary of State.
        (c) Means of Transportation To Be Used.--Transportation for
    humanitarian relief provided with funds appropriated pursuant
    to the authorization in this section shall be by the most
    economical commercial or military means available, unless the
    Secretary of State determines that it is in the national
    interest of the United States to use means other than the most
    economical available. Such means may include the use of
    aircraft and personnel of the reserve components of the Armed
    Forces.
        (d) \6\ Authorization To Transfer Funds.--The Secretary of
    Defense is authorized to transfer to the Secretary of State not
    more than $3,000,000 of the funds appropriated pursuant to the
    authorization in this section for fiscal year 1987 to provide
    for (1) paying administrative costs of providing the
    transportation described in subsection (a), and (2) providing
    for the acquisition of transportation assets for the
    distribution of supplies outside the United States to
    accomplish the purposes of this section.
        (e) \6\ Availability of Funds.--Amounts appropriated
    pursuant to the authorization in subsection (a) shall remain
    available until expended, to the extent provided in
    appropriation Acts.
              * * * * * * *

                 TITLE X--MATTERS RELATING TO ARMS CONTROL \7\
    ---------------------------------------------------------------------------

        \7\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE XI--MATTERS RELATING TO NATO

              * * * * * * *

    SEC. 1103.\8\ NATO COOPERATIVE RESEARCH AND DEVELOPMENT * * *
                        [REPEALED--1989]
    ---------------------------------------------------------------------------

        \8\ Sec. 931 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified
    several sections of 10 U.S.C. relating to cooperative agreements with
    NATO and other countries (see secs. 2350a through 2350f), and repealed
    sec. 1103.
    ---------------------------------------------------------------------------
              * * * * * * *

                         TITLE XIV--GENERAL PROVISIONS

              * * * * * * *

    SEC 1411.\9\ CONDITIONS OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS

        (a) Limitation on Fiscal Year 1986 Funds.--Funds
    appropriated pursuant to authorizations of appropriations in
    title I may not be used--
    ---------------------------------------------------------------------------
        \9\ Sec. 1411 was amended and restated by sec. 8093 of the Further
    Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1217).
    ---------------------------------------------------------------------------
              (1) for procurement or assembly of binary chemical
            munitions (or components of such munitions); or
              (2) for establishment of production facilities
            necessary for procurement or assembly of binary
            chemical munitions (or components of such munitions),
            except in accordance with subsections (b), (c), (d),
            and (e).
        (b) NATO Consultation.--Subject to subsections (c), (d),
    and (e), funds referred to in subsection (a) may be used for
    procurement or assembly of binary chemical munitions or for the
    establishment of production facilities necessary for the
    procurement or assembly of binary chemical munitions (or
    components of such munitions) if the President certifies to
    Congress that the United States--
              (1) has submitted to the North Atlantic Treaty
            Organization, a force goal stating the requirement for
            modernization of the United States proportional share
            of the NATO chemical deterrent with binary munitions
            and said force goal has been formally adopted by the
            North Atlantic Council;
              (2) has developed in coordination with the Supreme
            Allied Commander, Europe, a plan under which United
            States binary chemical munitions can be deployed under
            appropriate contingency plans to deter chemical weapons
            attacks against the United States and its allies; and
              (3) has consulted with other member nations of the
            North Atlantic Treaty Organization (NATO) on that plan.
        (c) Conditions for Final Assembly.--Funds referred to in
    subsection (a) may not be used for the final assembly of
    complete binary chemical munitions before October 1, 1987, and,
    subject to subsections (d) and (e), may only be used for such
    purpose on or after that date if--
              (1) a mutually verifiable international agreement
            concerning binary and other similar chemical munitions
            has not been entered into by the United States by that
            date;
              (2) \10\ the President, after that date, transmits to
            Congress a certification that--
    ---------------------------------------------------------------------------
        \10\ The President transmitted to the Congress certification with
    respect to the 155mm Binary Chemical Artillery Projectile, on October
    16, 1987, as printed in H. Doc. 100-118, October 19, 1987.
    ---------------------------------------------------------------------------
                      (A) final assembly of such complete munitions
                    is necessitated by national security interests
                    of the United States and the interests of other
                    NATO member nations;
                      (B) handling and storage safety
                    specifications established by the Department of
                    Defense with respect to such munitions will be
                    met or exceeded;
                      (C) applicable Federal safety requirements
                    will be met or exceeded in the handling,
                    storage, and other use of such munitions; and
                      (D) the plan of the Secretary of Defense for
                    destruction of existing United States chemical
                    warfare stocks developed pursuant to section
                    1412 (which shall, if not sooner transmitted to
                    Congress, accompany such certification) is
                    ready to be implemented;
              (3) final assembly is carried out only after the end
            of the 60-day period beginning on the date such
            certification is received by the Congress;
              (4) the plan of the Secretary of Defense for land-
            based storage of such munitions within the United
            States during peacetime provides that the two
            components that constitute a binary chemical munition
            are to be stored in separate States; and
              (5) the plan of the Secretary of Defense for the
            transportation of such munitions within the United
            States during peacetime provides that the two
            components that constitute a binary munition are
            transported separately.
        (d) Restrictions on Production of the BIGEYE Bomb.--Except
    as provided below, none of the funds appropriated pursuant to
    authorizations of appropriations in title I may be used for
    procurement or assembly of the BIGEYE binary chemical bomb or
    for procurement of components for the BIGEYE bomb until 60 days
    after the Secretary of Defense has submitted a report
    describing--
              (1) the specific operational requirements which must
            be achieved by the BIGEYE system; and
              (2) the actual performance of the system during
            operational testing with respect to each of the
            operational test criteria; and
              (3) any exceptions to the operational criteria deemed
            acceptable by the Department of Defense.
    Subject to subsection (b) nothing in this subsection will
    prohibit the procurement of BIGEYE production facilities and
    associated equipment.
        (e) Restriction on Production of the GB-2 Artillery
    Projectile.--None of the funds appropriated pursuant to
    authorizations in title I for procurement or assembly of the
    GB-2 artillery projectile may be obligated or expended before
    October 1, 1986.
        (f) Sense of Congress.--It is the sense of Congress that
    existing unitary chemical munitions currently stored in the
    United States and in European member nations of NATO should be
    replaced by modern, safer binary chemical munitions.
        (g) Report.--Not later than October 1, 1986, the President
    shall submit to Congress a report describing the results of
    consultations among NATO member nations concerning the
    organization's chemical deterrent posture. The report shall
    include descriptions of any consultations concerning--
              (1) efforts to provide key civilian workers at
            military support facilities in Europe--
                      (A) with personal and collective equipment to
                    protect against the use of chemical munitions;
                    and
                      (B) with the training required for the use of
                    such equipment;
              (2) efforts to upgrade the chemical reconnaissance,
            decontamination, and protective capabilities of the
            military forces of each NATO member nation to a level
            adequate to meet the chemical threat identified in NATO
            intelligence estimates;
              (3) efforts to initiate a NATO-wide study of measures
            required to protect ports, airfields, logistics
            centers, and command and control facilities in European
            member nations of NATO against chemical attack; and
              (4) efforts to initiate a NATO-wide study of
            equitable and efficient sharing among NATO member
            nations of responsibilities with regard to deterring
            the use of chemical munitions in Europe.

    SEC. 1412.\11\ DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL
                        AGENTS AND MUNITIONS

        (a) \12\ In General.--Notwithstanding any other provision
    of law, the Secretary of Defense (hereinafter in this section
    referred to as the ``Secretary'') shall, in accordance with the
    provisions of this section, carry out the destruction of the
    United States' stockpile of lethal chemical agents and
    munitions that exists on November 8, 1985.\13\
    ---------------------------------------------------------------------------
        \11\ 50 U.S.C. 1521. See also subtitle G of Public Law 102-484 (106
    Stat. 2341).
        \12\ Sec. 179(1) of Public Law 102-484 (106 Stat. 2347) struck out
    para. designation (1), and struck out para. (2) in subsec. (a).
        \13\ Sec. 171(b) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck out ``the
    date of the enactment of this Act'' and inserted in lieu thereof
    ``November 8, 1985''.
    ---------------------------------------------------------------------------
        (b) Date for Completion.--(1) Except as provided by
    paragraphs (2) and (3), the destruction of such stockpile shall
    be completed by the stockpile elimination deadline.\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 118(a)(1) of the National Defense Authorization Act,
    Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out
    ``September 30, 1994'' and inserted in lieu thereof ``the stockpile
    elimination deadline''.
    ---------------------------------------------------------------------------
        (2) If a treaty banning the possession of chemical agents
    and munitions is ratified by the United States, the date for
    completing the destruction of the United States' stockpile of
    such agents and munitions shall be the date established by such
    treaty.
        (3)(A) In the event of a declaration of war by the Congress
    or of a national emergency by the President or the Congress or
    if the Secretary of Defense determines that there has been a
    significant delay in the acquisition of an adequate number of
    binary chemical weapons to meet the requirements of the Armed
    Forces (as defined by the Joint Chiefs of Staff as of September
    30, 1985), the Secretary may defer, beyond the stockpile
    elimination deadline,\14\ the destruction of not more than 10
    percent of the stockpile described in subsection (a)(1).
        (B) The Secretary shall transmit written notice to the
    Congress of any deferral made under subparagraph (A) not later
    than the earlier of (A) 30 days after the date on which the
    decision to defer is made, or (B) 30 days before the stockpile
    elimination deadline.\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 118(a)(2) of the National Defense Authorization Act,
    Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out
    ``within 30 days after the date on which the determination to defer is
    made or by August 31, 1994, whichever is earlier.'' and inserted in
    lieu thereof text beginning at ``not later than the earlier of * * *''.
    ---------------------------------------------------------------------------
        (4) \16\ If the Secretary determines at any time that there
    will be a delay in meeting the requirement in paragraph (1) for
    the completion of the destruction of chemical weapons by the
    stockpile elimination deadline, the Secretary shall immediately
    notify the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives
    \17\ of that projected delay.
    ---------------------------------------------------------------------------
        \16\ Sec. 118(a)(3) of the National Defense Authorization Act,
    Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1934) added new paras.
    (4) and (5).
        \17\ Sec. 1502(b)(6) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 508) struck out
    ``Committees on Armed Services of the Senate and House of
    Representatives'' and inserted in lieu thereof ``Committee on Armed
    Services of the Senate and the Committee on National Security of the
    House of Representatives''. Sec. 1067(11) of Public Law 106-65 (113
    Stat. 774) subsequently struck out ``Committee on National Security''
    and inserted in lieu thereof ``Committee on Armed Services''. The
    Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
        (5) \16\ For purposes of this section, the term ``stockpile
    elimination deadline'' means December 31, 2004.\18\
    ---------------------------------------------------------------------------
        \18\ Sec. 171 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 106 Stat. 2341) struck out ``July 31,
    1999'' and inserted in lieu thereof ``December 31, 2004''. Previously,
    sec. 151(a) of the National Defense Authorization Act for Fiscal Years
    1992 and 1993 (Public Law 102-190; 105 Stat. 1313) struck out ``April
    30, 1997'' and inserted in lieu thereof ``July 31, 1999''.
    ---------------------------------------------------------------------------
        (c) Environmental Protection and Use of Facilities.--(1) In
    carrying out the requirement of subsection (a),\19\ the
    Secretary shall provide for--
    ---------------------------------------------------------------------------
        \19\ Sec. 179(2) of Public Law 102-484 (106 Stat. 2347) struck out
    ``subsection (a)(1)'' and inserted in lieu thereof ``subsection (a)''.
    ---------------------------------------------------------------------------
              (A) maximum protection for the environment, the
            general public, and the personnel who are involved in
            the destruction of the lethal chemical agents and
            munitions referred to in subsection (a); and
              (B) adequate and safe facilities designed solely for
            the destruction of lethal chemical agents and
            munitions.
        (2) \20\ Facilities constructed to carry out this section
    shall, when no longer needed for the purposes for which they
    were constructed, be disposed of in accordance with applicable
    laws and regulations and mutual agreements between the
    Secretary of the Army and the Governor of the State in which
    the facility is located.
    ---------------------------------------------------------------------------
        \20\ Sec. 141(b)(1)(A) of Public Law 106-65 (113 Stat. 537) amended
    and restated para. (2), which had read as follows:
        ``(2) Facilities constructed to carry out this section may not be
    used for any purpose other than the destruction of lethal chemical
    weapons and munitions, and when no longer needed to carry out this
    section, such facilities shall be cleaned, dismantled, and disposed of
    in accordance with applicable laws and regulations.''.
    ---------------------------------------------------------------------------
        (3) \21\ (A) Facilities constructed to carry out this
    section may not be used for a purpose other than the
    destruction of the stockpile of lethal chemical agents and
    munitions that exists on November 8, 1985.
    ---------------------------------------------------------------------------
        \21\ New para. (3) added by sec. 141(b)(1)(C) of Public Law 106-65
    (113 Stat. 538).
    ---------------------------------------------------------------------------
        (B) The prohibition in subparagraph (A) shall not apply
    with respect to items designated by the Secretary of Defense as
    lethal chemical agents, munitions, or related materials after
    November 8, 1985, if the State in which a destruction facility
    is located issues the appropriate permit or permits for the
    destruction of such items at the facility.
      (4) \22\ (A) \23\ In order to carry out subparagraph (A) of
    paragraph (1), the Secretary may make grants to State and local
    governments and to tribal organizations \24\ (either directly
    or through the Federal Emergency Management Agency) to assist
    those governments and tribal organizations \25\ in carrying out
    functions relating to emergency preparedness and response in
    connection with the disposal of the lethal chemical agents and
    munitions referred to in subsection (a). Funds available to the
    Department of Defense for the purpose of carrying out this
    section may be used for such grants.
    ---------------------------------------------------------------------------
        \22\ Sec. 172 of the National Defense Authorization Act for Fiscal
    Year 1991 (Public Law 101-510; 104 Stat. 1507) added this paragraph as
    para. (3). Sec. 141(b)(1)(B) of Public Law 106-65 (113 Stat. 538)
    redesignated as para. (4) and inserted a new para. (3).
        \23\ Sec. 921(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) inserted ``(A)''.
    All amendments to para. (4) provided in sec. 921(a) of Public Law 109-
    163 are effective December 5, 1991, and apply with respect to any
    cooperative agreement entered into on or after that date, as stated in
    sec. 921(b) of that Act.
        \24\ Sec. 921(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) inserted
    ``and to tribal organizations'' after ``to State and local
    governments''.
        \25\ Sec. 921(a)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) inserted
    ``and tribal organizations'' after ``assist those governments''.
    ---------------------------------------------------------------------------
        (B) \26\ Additionally, the Secretary may provide funds
    through cooperative agreements with State and local
    governments, and with tribal organizations,\27\ for the purpose
    of assisting them in processing, approving, and overseeing \28\
    permits and licenses necessary for the construction and
    operation of facilities to carry out this section. The
    Secretary shall ensure that funds provided through such a
    cooperative agreement are used only for the purpose set forth
    in the preceding sentence.\29\
    ---------------------------------------------------------------------------
        \26\ Sec. 921(a)(3) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) designated text
    beginning ``Additionally, the Secretary'' as subpara. (B).
        \27\ Sec. 921(a)(4) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) inserted ``, and
    with tribal organizations,''.
        \28\ Sec. 107(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1564) struck out ``and
    approving'' and inserted in lieu thereof ``, approving, and
    overseeing''.
        \29\ Text beginning with ``Additionally, the Secretary may provide
    * * *'' was added by sec. 151(b) of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
    1313).
    ---------------------------------------------------------------------------
        (C) \30\ In this paragraph, the term ``tribal
    organization'' has the meaning given that term in section 4(1)
    of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 450b(1)).
    ---------------------------------------------------------------------------
        \30\ Sec. 921(a)(5) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3409) added subpara.
    (C).
    ---------------------------------------------------------------------------
        (5) \31\ (A) In coordination with the Secretary of the Army
    and in accordance with agreements between the Secretary of the
    Army and the Director of the Federal Emergency Management
    Agency, the Director shall carry out a program to provide
    assistance to State and local governments in developing
    capabilities to respond to emergencies involving risks to the
    public health or safety within their jurisdictions that are
    identified by the Secretary as being risks resulting from--
    ---------------------------------------------------------------------------
        \31\ Sec. 141(a) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1943) added as para. (4); redesignated as para. (5) by sec.
    141(b)(1)(B) of Public Law 106-65 (113 Stat. 538).
    ---------------------------------------------------------------------------
              (i) the storage of lethal chemical agents and
            munitions referred to in subsection (a) at military
            installations in the continental United States; or
              (ii) the destruction of such agents and munitions at
            facilities referred to in paragraph (1)(B).
        (B) No assistance may be provided under this paragraph
    after the completion of the destruction of the United States'
    stockpile of lethal chemical agents and munitions.
        (C) Not later than December 15 of each year, the Director
    shall transmit a report to Congress on the activities carried
    out under this paragraph during the fiscal year preceding the
    fiscal year in which the report is submitted.
        (d) \32\ Requirement for Strategic Plan.--(1) The Under
    Secretary of Defense for Acquisition, Technology, and Logistics
    and the Secretary of the Army shall jointly prepare, and from
    time to time shall update as appropriate, a strategic plan for
    future activities for destruction of the United States'
    stockpile of lethal chemical agents and munitions.
    ---------------------------------------------------------------------------
        \32\ Sec. 931 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2031) amended and restated subsec. (d).
    ---------------------------------------------------------------------------
        (2) The plan shall include, at a minimum, the following
    considerations:
              (A) Realistic budgeting for stockpile destruction and
            related support programs.
              (B) Contingency planning for foreseeable or
            anticipated problems.
              (C) A management approach and associated actions that
            address compliance with the obligations of the United
            States under the Chemical Weapons Convention treaty and
            that take full advantage of opportunities to accelerate
            destruction of the stockpile.
        (3) The Secretary of Defense shall each year submit to the
    Committee on the Armed Services of the Senate and the Committee
    on Armed Services of the House of Representatives the strategic
    plan as most recently prepared and updated under paragraph (1).
    Such submission shall be made each year at the time of the
    submission to the Congress that year of the President's budget
    for the next fiscal year.
        (e) Management Organizations.--In carrying out this
    section, the Secretary shall provide for the establishment, not
    later than May 1, 1986, of a management organization within the
    Department of the Army.
        (2) Such organization shall be responsible for management
    of the destruction of agents and munitions under this section.
        (3) The Secretary shall designate a general officer or
    civilian equivalent \33\ as the director of the management
    organization established under paragraph (1). Such officer
    shall have--
    ---------------------------------------------------------------------------
        \33\ Sec. 153(c) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) inserted ``or
    civilian equivalent'' after ``general officer''.
    ---------------------------------------------------------------------------
              (A) experience in the acquisition, storage, and
            destruction of chemical agents and munitions;
              (B) training in chemical warfare defense operations;
            and
              (C) outstanding qualifications regarding safety in
            handling chemical agents and munitions.
        (f) Identification of Funds.--(1) \34\ Funds for carrying
    out this section, including funds for military construction
    projects necessary to carry out this section,\35\ shall be set
    forth in the budget of the Department of Defense for any fiscal
    year as a separate account. Such funds shall not be included in
    the budget accounts for any military department.
    ---------------------------------------------------------------------------
        \34\ Sec. 141(b) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1943) added para. designation ``(1)'' and added para. (2).
        \35\ Sec. 142 of the National Defense Authorization Act for Fiscal
    Year 1995 (Public Law 103-337; 108 Stat. 2689) inserted ``, including
    funds for military construction projects necessary to carry out this
    section,'' after ``carrying out this section'', and struck out the last
    sentence of this subsection, which had read as follows: ``Funds for
    military construction projects necessary to carry out this section may
    be set out in the annual military construction budget separately from
    other funds for such project.''.
    ---------------------------------------------------------------------------
      (2) \34\ Amounts appropriated to the Secretary for the
    purpose of carrying out subsection (c)(5) \36\ shall be
    promptly made available to the Director of the Federal
    Emergency Management Agency.
    ---------------------------------------------------------------------------
        \36\ Sec. 141(b)(2) of Public Law 106-65 (113 Stat. 538) struck out
    ``(c)(4)'' and inserted in lieu thereof ``(c)(5)''.
    ---------------------------------------------------------------------------
        (g) \37\ Periodic Reports.--(1) Except as provided by
    paragraph (3),\38\ the Secretary shall transmit, by December 15
    of each year, a report to the Congress on the activities
    carried out under this section during the fiscal year ending on
    September 30 of the calendar year in which the report is to be
    made.
    ---------------------------------------------------------------------------
        \37\ Sec. 153(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out ``(g)
    Annual Report.--'' and inserted in lieu thereof ``(g) Periodic
    Reports.--''.
        Sec. 1031(27) of Public Law 106-65 (113 Stat. 751) made 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.'', inapplicable to this
    section. For Public Law 104-66 and other legislation on the repeal of
    reporting requirements, see Legislation on Foreign Relations Through
    2005, vol. IV.
        \38\ Sec. 179(3) of Public Law 102-484 (106 Stat. 2347) struck out
    ``paragraph (4)'' and inserted in lieu thereof ``paragraph (3)'';
    struck out para. (2), which delineated the requirements of the first
    report to be filed by December 15, 1985; redesignated paras. (3) and
    (4) as (2) and (3), respectively.
    ---------------------------------------------------------------------------
        (2) \39\ Each annual report shall include the following:
    ---------------------------------------------------------------------------
        \39\ Sec. 1074(d)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2661) struck out
    ``shall contain--'' and inserted in lieu thereof ``shall include the
    following:''. Sec. 153(b)(2)(A) of the National Defense Authorization
    Act for Fiscal  Year  1996  (Public  Law  104-106;  110  Stat.  216)
    struck  out  ``Each  such  report  shall  contain--'' and inserted in
    lieu thereof ``Each annual report shall contain--''. Previously, sec.
    179(3) of Public Law 102-484 (106 Stat. 2347) struck from para. (2)
    ``report other than the first one'' and inserted in lieu thereof ``such
    report''.
    ---------------------------------------------------------------------------
              (A) A \40\ site-by-site description of the
            construction, equipment, operation, and dismantling of
            facilities (during the fiscal year for which the report
            is made) used to carry out the destruction of agents
            and munitions under this section, including any
            accidents or other unplanned occurrences associated
            with such construction and operation.\41\
    ---------------------------------------------------------------------------
        \40\ Sec. 1074(d)(2)(B)(i) of the National Defense Authorization
    Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2661) struck
    out ``a'' and inserted in lieu thereof ``A''.
        \41\ Sec. 1074(d)(2)(B)(ii) of the National Defense Authorization
    Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2661) struck
    out a semicolon at the end of subpara. (A) and inserted in lieu thereof
    a period. Previously, sec. 171(a) of the National Defense Authorization
    Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck
    out ``and'' at the end of subpara. (A); inserted ``; and'' in lieu of a
    period at the end of subpara. (B); and added a new subpara. (C). Sec.
    141(c)(2) and (3) of the Strom Thurmond National Defense Authorization
    Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1943)
    subsequently redesignated subparas. (B) and (C) as subparas. (C) and
    (D), respectively, and added a new subpara. (B).
    ---------------------------------------------------------------------------
              (B) \41\ A \42\ site-by-site description of actions
            taken to assist State and local governments (either
            directly or through the Federal Emergency Management
            Agency) in carrying out functions relating to emergency
            preparedness and response in accordance with subsection
            (c)(4).\43\
    ---------------------------------------------------------------------------
        \42\ Sec. 1074(d)(2)(C) of the National Defense Authorization Act
    for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2661) struck out
    ``an'' at the beginning of subparas. (C) and (D) (as redesignated), and
    inserted in lieu thereof ``An''.
        \43\ Sec. 141(b)(3) of Public Law 106-65 (113 Stat. 538) struck out
    ``(c)(3)'' and inserted in lieu thereof ``(c)(4)''.
    ---------------------------------------------------------------------------
              (C) \44\ An \42\ accounting of all funds expended
            (during such fiscal year) for activities carried out
            under this section, with a separate accounting for
            amounts expended for--
    ---------------------------------------------------------------------------
        \44\ Sec. 141(c)(1) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1943) struck out ``and'' at the end of clause (v); replaced a period at
    the end of clause (vi) with ``; and''; and added a new clause (vii).
    Previously, sec. 153(b)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out
    ``and'' at the end of clause (iv); struck out a period and inserted ``;
    and'' at the end of clause (v); and added clause (vi).
    ---------------------------------------------------------------------------
                      (i) the construction of and equipment for
                    facilities used for the destruction of agents
                    and munitions;
                      (ii) the operation of such facilities;
                      (iii) the dismantling or other closure of
                    such facilities;
                      (iv) research and development;
                      (v) program management;
                      (vi) travel and associated travel costs for
                    Citizens' Advisory Commissioners under section
                    172(g) of Public Law 102-484 (50 U.S.C. 1521
                    note); and
                      (vii) grants to State and local governments
                    to assist those governments in carrying out
                    functions relating to emergency preparedness
                    and response in accordance with subsection
                    (c)(3).
              (D) \41\ An assessment of the safety status and the
            integrity of the stockpile of lethal chemical agents
            and munitions subject to this section, including--
                      (i) an estimate on how much longer that
                    stockpile can continue to be stored safely;
                      (ii) a site-by-site assessment of the safety
                    of those agents and munitions; and
                      (iii) a description of the steps taken (to
                    the date of the report) to monitor the safety
                    status of the stockpile and to mitigate any
                    further deterioration of that status.
        (3) \45\ The Secretary shall transmit the final report
    under paragraph (1) \46\ not later than 120 days following the
    completion of activities under this section.
    ---------------------------------------------------------------------------
        \45\ Sec. 1041(d) of Public Law 105-85 (111 Stat. 1885) struck out
    para. (3), struck out the last sentence in para. (4), and redesignated
    para. (4) as para. (3). These amendments, in effect, struck out
    amendments made previously by sec. 153(b) of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    216). Former para. (3) read as follows:
        ``(3) The Secretary shall transmit to the Committee on Armed
    Services and the Committee on Appropriations of the Senate and the
    Committee on National Security and the Committee on Appropriations of
    the House of Representatives a quarterly report containing an
    accounting of all funds expended (during the quarter covered by the
    report) for travel and associated travel costs for Citizens' Advisory
    Commissioners under section 172(g) of Public Law 102-484 (50 U.S.C.
    1521 note). The quarterly report for the final quarter of the period
    covered by a report under paragraph (1) may be included in that
    report.''.
        The last sentence of para. (3), as redesignated from para. (4) and
    that sentence struck out by Public Law 105-85, read as follows: ``No
    quarterly report is required under paragraph (3) after the transmittal
    of the final report under paragraph (1).''.
        \46\ Sec. 153(b)(5)(A) of the National Defense Authorization Act
    for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 216) struck out
    ``this subsection'' and inserted in lieu thereof ``paragraph (1)''.
    ---------------------------------------------------------------------------
        (h) Prohibition on Acquiring Certain Lethal Chemical Agents
    and Munitions.--(1) Except as provided in paragraph (2), no
    agency of the Federal Government may, after November 8,
    1985,\47\ develop or acquire lethal chemical agents or
    munitions other than binary chemical weapons.
    ---------------------------------------------------------------------------
        \47\ Sec. 171(b) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1507) struck out ``the
    date of the enactment of this Act'' and inserted in lieu thereof
    ``November 8, 1985''.
    ---------------------------------------------------------------------------
        (2)(A) The Secretary of Defense may acquire any chemical
    agent or munition at any time for purposes of intelligence
    analysis.
        (B) Chemical agents and munitions may be acquired for
    research, development, test, and evaluation purposes at any
    time, but only in quantities needed for such purposes and not
    in production quantities.
        (i) Reaffirmation of United States Position On First Use of
    Chemical Agents and Munitions.--It is the sense of Congress
    that the President should publicly reaffirm the position of the
    United States as set out in the Geneva Protocol of 1925, which
    the United States ratified with reservations in 1975.
        (j) Definitions.--For purposes of this section:
              (1) The term ``chemical agent and munition'' means an
            agent or munition that, through its chemical
            properties, produces lethal or other damaging effects
            on human beings, except that such term does not include
            riot control agents, chemical herbicides, smoke and
            other obscuration materials.
              (2) The term ``lethal chemical agent and munition''
            means a chemical agent or munition that is designed to
            cause death, through its chemical properties, to human
            beings in field concentrations.
              (3) The term ``destruction'' means, with respect to
            chemical munitions or agents--
                      (A) the demolishment of such munitions or
                    agents by incineration or by any other means;
                    or
                      (B) the dismantling or other disposal of such
                    munitions or agents so as to make them useless
                    for military purposes and harmless to human
                    beings under normal circumstances.
        (k) \48\ Operational Verification.--(1) Until the Secretary
    of the Army successfully completes (through the prove-out work
    to be conducted at Johnston Atoll) operational verification of
    the technology to be used for the destruction of live chemical
    agents and munitions under this section, the Secretary may not
    conduct any activity for equipment prove out and systems test
    before live chemical agents are introduced at a facility (other
    than the Johnston Atoll facility) at which the destruction of
    chemical agent and munitions weapons is to take place under
    this section. The limitation in the preceding sentence shall
    not apply with respect to the Chemical Agent Munition Disposal
    System in Tooele, Utah.
    ---------------------------------------------------------------------------
        \48\ Sec. 118(b) of the National Defense Authorization Act, Fiscal
    Year 1989 (Public Law 100-456; 102 Stat. 1934) struck out subsec. (k),
    which had provided an effective date for the provisions of this section
    to be October 1, 1985, and inserted in lieu thereof subsec. (k) on
    ``Operational Verification''.
    ---------------------------------------------------------------------------
        (2) Upon its successful completion of the prove out of the
    equipment and facility at Johnston Atoll, the Secretary of
    Defense shall submit to the Committee on Armed Services of the
    Senate and the Committee on Armed Services of the House of
    Representatives \49\ a report certifying that the prove out is
    completed.
    ---------------------------------------------------------------------------
        \49\ Sec. 1502(b)(6) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 508) struck out
    ``Committees on Armed Services of the Senate and House of
    Representatives'' and inserted in lieu thereof ``Committee on Armed
    Services of the Senate and the Committee on National Security of the
    House of Representatives''. Sec. 1067(11) of Public Law 106-65 (113
    Stat. 774) subsequently struck out ``Committee on National Security''
    and inserted in lieu thereof ``Committee on Armed Services''. The
    Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
        (3) If the Secretary determines at any time that there will
    be a delay in meeting the deadline of December 31, 1990,
    scheduled by the Department of Defense for completion of the
    operational verification at Johnston Atoll referred to in
    paragraph (1), the Secretary shall immediately notify the
    Committees of that projected delay.

    SEC. 1413. REPORT CONCERNING THE TESTING OF CHEMICAL WARFARE AGENTS

        The Secretary of Defense shall, within 90 days after the
    date of enactment of this Act, transmit a report to the
    Committees on Armed Services of the Senate and House of
    Representatives \50\ describing the following matters
    concerning the testing of diluted or undiluted chemical warfare
    agents:
    ---------------------------------------------------------------------------
        \50\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) The criteria and process used for selecting sites
            for such testing.
              (2) The nature and extent of any consultation carried
            out with State and local officials before the site for
            such testing is selected.
              (3) The consideration that is given to the proximity
            of residential dwelling units, schools, child care
            centers, nursing homes, hospitals, or other health care
            facilities to the testing site.
              (4) Whether an environmental impact statement should
            be required prior to the approval of a contract for
            such testing.
              (5) Any costs that may have to be incurred by the
            Federal Government to assist companies that carry out
            such testing to relocate to more isolated areas.
              (6) The degree to which the Secretary estimates that
            such testing will increase or decrease.
              (7) Any recurring problems associated with such
            testing or the site selection process for such testing.
              (8) Any changes in site selection process that are to
            be implemented by the Secretary or for which
            legislative action is necessary.

    Part C--Drug Interdiction, Law Enforcement, and Other Specific Programs

    SEC. 1421.\51\ ENHANCED DRUG-INTERDICTION ASSISTANCE

        (a) Mandatory Assignment of Coast Guard Personnel on Naval
    Vessels.--The Secretary of Defense and the Secretary of
    Transportation shall provide that there be assigned on board
    each surface naval vessel at sea in a drug-interdiction area at
    least one member of the Coast Guard who is trained in law
    enforcement and has power to arrest, search, and seize property
    and persons suspected of violations of law.
    ---------------------------------------------------------------------------
        \51\ 14 U.S.C. 89 note.
    ---------------------------------------------------------------------------
        (b) Law Enforcement Functions.--Members of the Coast Guard
    assigned to duty on board naval vessels under this section
    shall perform such law enforcement functions (including drug-
    interdiction functions)--
              (1) as may be agreed upon by the Secretary of Defense
            and the Secretary of Transportation; and
              (2) as are otherwise within the jurisdiction of the
            Coast Guard.
        (c) Authorization of Necessary Coast Guard Personnel;
    Funding.--(1) The active-duty military strength level for the
    Coast Guard for fiscal year 1986 is increased by 500.
    Additional members of the Coast Guard who are on active duty by
    reason of this subsection shall be assigned to duty as provided
    in subsection (a).
        (2) Of the funds appropriated for operation and maintenance
    for the Navy for fiscal year 1986, the sum of $15,000,000 shall
    be transferred to the Secretary of Transportation and shall be
    available only for the additional personnel authorized by
    paragraph (1).
        (d) Definitions.--For the purposes of this section:
              (1) The term ``drug-interdiction area'' means an area
            outside the land area of the United States in which the
            Secretary of Defense (in consultation with the Attorney
            General) determines that activities involving smuggling
            of drugs into the United States are ongoing.
              (2) The term ``active-duty military strength level
            for the Coast Guard for fiscal year 1986'' means the
            full-time equivalent strength level for active-duty
            military personnel of the Coast Guard for fiscal year
            1986 required to be maintained by section 3 of the
            Coast Guard Authorization Act of 1984 (Public Law 98-
            557; 98 Stat. 2860).

    SEC. 1422. ESTABLISHMENT, OPERATION, AND MAINTENANCE OF DRUG LAW
                        ENFORCEMENT ASSISTANCE ORGANIZATIONS OF THE
                        DEPARTMENT OF DEFENSE

        (a) Authorization of Funds for Elements Assisting Civilian
    Drug Interdiction.--(1) There are authorized to be appropriated
    to the Department of Defense for fiscal year 1986 such sums as
    may be necessary for the establishment, operation, and
    maintenance of airborne surveillance, detection, and
    interdiction units in the Department of Defense.
        (2) There are authorized to be appropriated to the
    Department of Defense for fiscal year 1986 such sums as may be
    necessary for the operation and maintenance of the Directorate
    of the Department of Defense Task Force on Drug Law
    Enforcement.
        (b) Command, Control, and Coordination.--A special
    operations headquarters element shall provide necessary
    command, control, and coordination of appropriate active or
    Reserve Component special operations forces, combat rescue
    units, and other units for participation by such forces and
    units in drug law-enforcement assistance missions.
        (c) Report on Plans to Enhance Cooperation With Civilian
    Drug Enforcement Agencies.--Not later than December 1, 1985,
    the Secretary of Defense shall submit to the committees on
    Armed Services of the Senate and the House of Representatives
    \52\ a report on the manner in which the Department of Defense
    plans to obligate and expend funds appropriated or expected to
    be appropriated pursuant to the authorizations contained in
    this section. The report shall include a description of--
    ---------------------------------------------------------------------------
        \52\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) actions or proposed actions to establish,
            operate, and maintain reserve component forces,
            airborne surveillance, detection, and interdiction
            units, including--
                      (A) actions or proposed actions to
                    consolidate or establish, in a Special
                    Operations Wing of the Air Force (reserve or
                    active component), command, control, and
                    coordination of Air Force Special Operations
                    aircraft (including aircraft assigned to the
                    Special Operations Wing of the Regular Air
                    Force on or before March 1, 1985); and
                      (B) in the case of any such aircraft which
                    are not to remain assigned to a Special
                    Operation Wing of the Air Force, the
                    disposition or planned disposition of those
                    aircraft;
              (2) actions and proposed actions to use rotary-wing
            and fixed-wing aircraft of the Department of Defense as
            well as other measures necessary to furnish
            (commensurate with military readiness and the
            provisions of chapter 18 of title 10, United States
            Code) optimal support to civilian law enforcement
            agencies; and
              (3) actions and proposed actions to promote dual use
            between the reserve component forces and civilian law
            enforcement agencies of the Department of Defense
            aircraft and other Department of Defense resources made
            available to civilian law enforcement agencies for the
            purpose of carrying out drug interdiction missions.
              * * * * * * *

    SEC. 1424. STUDY ON THE USE OF THE E-2 AIRCRAFT FOR DRUG INTERDICTION
                        PURPOSES

        (a) Study by Secretary of the Navy.--The Secretary of the
    Navy shall conduct a test of the use of E-2 aircraft of the
    Navy to determine the effectiveness of that aircraft in drug
    interdiction. The study shall be conducted along the border
    between the United States and Mexico and shall be carried out
    over a period of 6 months.
        (b) Collection of Data.--As part of the test, the Secretary
    shall collect data on the contribution on the use of the E-2
    aircraft to the apprehension of drug smugglers. This data shall
    include the number of intercepts which resulted in
    apprehensions.
        (c) Report.--Not later than September 30, 1986, the
    Secretary shall submit to Congress a report on the results of
    the study.

    SEC. 1425. STRATEGIC BOMBER PROGRAMS

        (a) Sense of Congress Regarding the Advanced Technology
    Bomber and the Advanced Cruise Missile.--It is the sense of
    Congress that--
              (1) the capabilities inherent in the technologies
            associated with the Advanced Technology Bomber program
            and the Advanced Cruise Missile program are a critical
            national security asset for maintaining an adequate and
            credible deterrent posture;
              (2) such technologies and programs should be
            developed as rapidly as feasible in order to produce
            and deploy advanced systems which will complicate the
            military planning of the Soviet Union and as a
            consequence enhance the deterrent posture of the United
            States;
              (3) such technologies and programs should be funded
            at the levels authorized in this Act; and
              (4) all the funds appropriated for such programs
            should be fully used for such programs.
        (b) Prohibition on Use of Funds for ATB and ACM for Any
    Other Purpose.--None of the funds appropriated pursuant to an
    authorization of appropriations in this Act to carry out the
    Advanced Technology Bomber program or the Advanced Cruise
    Missile program may be used for any other purpose.
        (c) Sense of Congress on B-1B Bomber Program.--It is the
    sense of Congress that, consistent with the stated policy of
    the Department of Defense, the B-1B bomber aircraft procurement
    program should be terminated after acquisition under such
    program of 100 aircraft.
        (d) Limitation on Number of B-1B Aircraft To Be Procured.--
    None of the funds appropriated pursuant to an authorization
    contained in this Act may be obligated or expended for the
    conduct of research, design, demonstration, development, or
    procurement of more than 100 B-1B bomber aircraft (including
    any derivative or modified version of such aircraft).

    SEC. 1426. RESTRICTIONS ON CERTAIN NUCLEAR PROGRAMS

        (a) Restriction on Funding for MX Missile Warhead.--None of
    the funds appropriated pursuant to an authorization provided in
    this or any other Act may be obligated or expended for the
    production of W-87 warheads for the MX missile program in
    excess of the numbers of warheads required to arm the number of
    such missiles authorized by the Congress to be deployed and
    determined by the President to be necessary for quality
    assurance and reliability testing.
        (b) Employment of the Standard Missile (SM-2(N)).--Except
    for the studies and report required by this section, none of
    the funds authorized to be appropriated by this Act may be
    expended for research, development, test, or procurement
    associated with a nuclear variant of the Standard Missile (SM-
    2(N)) or any associated nuclear warhead until 30 calendar days
    after the Secretary of the Navy submits to the Committees on
    Armed Services of the Senate and House of Representatives \53\
    a report which includes the following information:
    ---------------------------------------------------------------------------
        \53\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              ((1) A description of the circumstances under which
            the SM-2(N) would be used and an assessment of likely
            enemy response (including countermeasures).
              (2) A description of the release procedures and
            circumstances under which release would be authorized
            for employment of the SM-2(N).
              (3) An analysis of conventional alternatives to the
            SM-2(N), including any necessary modification to the
            SM-2 or alternative to the Standard Missile or warhead,
            and the associated costs of those alternatives.
              (4) A summary of all studies previously conducted
            analyzing the impact of the use of nuclear naval
            surface-to-air missiles on our own vessels and
            electronics.
              (5) A list of all United States ships which may
            receive the SM-2(N).
              (6) The number of additional conventional armed
            missiles which could be carried by United States ships
            if the SM-2(N) were not deployed and the impact on
            fleet air defense from that reduced conventional load.
              (7) Any plans or programs for the development of a
            nuclear naval surface-to-air or air-to-air missile for
            fleet defense other than the SM-2(N).
        (c) Report on Requirements for Special Nuclear Materials.--
    (1) Not later than March 1, 1986, the Secretary of Defense and
    the Secretary of Energy, after consultation with the Joint
    Chiefs of Staff and the Director of the Arms Control and
    Disarmament Agency, shall submit a report to the Committees on
    Armed Services of the Senate and House of Representatives \53\
    detailing the military requirements for special nuclear
    materials through fiscal year 1991. The report shall include
    findings and recommendations concerning--
              (A) requirements for production of plutonium, highly
            enriched uranium, and other special nuclear materials;
            and
              (B) the recovery of special nuclear materials for
            military uses that have been transferred from military
            uses to civilian research and development uses.
        (2) The report should also--
              (A) address the availability of special nuclear
            materials to be derived from the retirement of existing
            nuclear weapons;
              (B) address the feasibility of meeting military needs
            for special nuclear materials through the blending of
            high grade and low grade materials stocks;
              (C) assess the impact of new materials separation,
            purification, and production technologies on nuclear
            proliferation; and
              (D) contain the views of the Joint Chiefs of Staff
            and the Director of the Arms Control and Disarmament
            Agency.
              * * * * * * *

                        Part E--Miscellaneous Provisions

    SEC. 1451. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO
                        NICARAGUA FOR COMBAT

        It is the sense of Congress that United States Armed Forces
    should not be introduced into or over Nicaragua for combat.
    However, nothing in this section shall be construed as
    affecting the authority and responsibility of the President or
    Congress under the Constitution, statutes, or treaties of the
    United States in force.

    SEC. 1452. SENSE OF CONGRESS CONCERNING PROTECTION OF UNITED STATES
                        MILITARY PERSONNEL AGAINST TERRORISM

        (a) Finding.--The Congress finds that the protection of
    members of the Armed Forces against terrorist activity is among
    the highest national security concerns of the United States.
        (b) Sense of Congress.--Therefore, it is the sense of
    Congress that--
              (1) the President should be supported in the vigorous
            exercise of his powers as Commander-in-Chief to protect
            members of the Armed Forces against terrorist activity;
            and
              (2) such exercise of power should include the use of
            such measures as may be appropriate and consistent with
            law.

    SEC. 1453. READINESS OF SPECIAL OPERATIONS FORCES

        (a) Congressional Findings.--The Congress finds that--
              (1) the first duty of the Government is to provide
            for the common defense, including safeguarding the
            peace, safety, and security of the citizens of the
            United States;
              (2) the incidence of terrorist, guerrilla, and other
            violent threats to citizens and property of the United
            States has rapidly increased;
              (3) the special operations forces of the Armed Forces
            provide the United States with immediate and primary
            capability to respond to terrorism; and
              (4) the special operations forces are the military
            mainstay of the United States for the purposes of
            nation-building and training friendly foreign forces in
            order to preclude deployment or combat involving the
            conventional or strategic forces of the United States.
        (b) Sense of the Congress.--In view of the findings in
    subsection (a), it is the sense of the Congress that--
              (1) the revitalization of the capability of the
            special operations forces of the Armed Forces should be
            pursued as a matter of the highest priority;
              (2) personnel and other resources allocations should
            reflect the priority referred to in paragraph (1);
              (3) the political and military sensitivity and the
            importance to national security of the special
            operations forces require that the Office of the
            Secretary of Defense should improve its management
            supervision of such forces in all aspects of the
            special operations mission area;
              (4) the joint command and control of the special
            operations forces must permit direct and immediate
            access by the President and Secretary of Defense; and
              (5) the commanders-in-chief of the unified commands
            should have available, within their operational areas
            of responsibility, sufficient special operations assets
            to execute the operations plans for which they are
            responsible or to support additional contingency
            operations directed from the national level.
              * * * * * * *
               ee. Department of Defense Authorization Act, 1985

    Partial text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, Approved
    October 19, 1984 as amended by Public Law 99-145 [Department of Defense
      Authorization Act, 1986; S. 1160], 99 Stat. 619, Public Law 99-661
    [National Defense Authorization Act for Fiscal Year 1987, S. 2368] 100
     Stat. 3816, approved November 14, 1986; Public Law 100-456 [National
      Defense Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat.
    1918, approved September 29, 1988; Public Law 101-189 [National Defense
    Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat.
    1352, approved November 29, 1989; Public Law 101-510 [National Defense
      Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485,
        approved November 5, 1990; Public Law 102-190 [National Defense
    Authorization Act for Fiscal Years 1992 and 1993, H.R. 2100], 105 Stat.
     1290, approved December 5, 1991; Public Law 102-484 [National Defense
      Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315,
        approved October 23, 1992; Public Law 103-160 [National Defense
      Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547,
       approved November 30, 1993; Public Law 103-337 [National Defense
       Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
        approved October 5, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
       approved February 10, 1996; Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
    approved September 23, 1996; and by Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512,
                            approved October 5, 1999

        AN ACT To authorize appropriations for fiscal year 1985 for the
    military functions of the Department of Defense, to prescribe military
     personnel levels for that fiscal year for the Department of Defense,
                            and for other purposes.

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

                              TITLE I--PROCUREMENT

              * * * * * * *

     authorization of appropriations for certain nato cooperative programs

        Sec. 105. (a) Funds are hereby authorized to be
    appropriated for fiscal year 1985 for activities of the Under
    Secretary of Defense for Research and Engineering for
    acquisition in connection with cooperative programs of the
    North Atlantic Treaty Organization as follows:
              For acquisition of the Patriot missile system for the
            Federal Republic of Germany, $150,000,000.
              For acquisition of point air defense of United States
            airbases in the Federal Republic of Germany,
            $65,000,000.
              For acquisition of point air defense of United States
            airbases and other critical United States military
            facilities in Italy, $15,000,000.
              For acquisition of point air defense for ground-
            launched cruise missile bases in Europe, $10,000,000.
              For acquisition of point air defense of United States
            airbases in Turkey, $10,000,000.
        (b) None of the amounts appropriated pursuant to the
    authorizations in subsection (a) may be obligated--
              (1) for implementation of a cooperative program until
            the Secretary of Defense submits to the Committees on
            Armed Services of the Senate and House of
            Representatives \1\ a copy of each government-to-
            government agreement relating to that program; or
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (2) for acquisitions in connection with a NATO
            cooperative program in which the financial obligations
            of the United States exceed the collective financial
            obligations of European countries in connection with
            such program.
              * * * * * * *

     limitation on waivers of cost-recovery requirements under arms export
                                  control act

        Sec. 107.\2\ The authority of the President under section
    21(e)(2) of the Arms Export Control Act may be exercised
    without regard to the limitation imposed by section 762A of the
    Department of Defense Appropriations Act, 1984 (Public Law 98-
    212).
    ---------------------------------------------------------------------------
        \2\ Although secs. 107 and 108 lifted these restrictions concerning
    certain provisions of the Arms Export Control Act as they applied
    during fiscal year 1984, similar restrictions were reenacted as secs.
    8036 and 8055 of the Department of Defense Appropriation Act, 1986.
    ---------------------------------------------------------------------------

             waiver of limitation on foreign military sales program

        Sec. 108.\2\ The Arms Export Control Act shall be
    administered as if section 743A of the Department of Defense
    Appropriation Act, 1984 (Public Law 98-212; 96 Stat. 1858) had
    not been enacted into law.

      transfer of certain military equipment or data to foreign countries

        Sec. 109.\3\ Section 765(c) of the Department of Defense
    Appropriation Act, 1984 (Public Law 98-212), is hereby
    repealed.
    ---------------------------------------------------------------------------
        \3\ Sec. 765(c) had prohibited the use of funds provided in Public
    Law 98-212 to sell or otherwise provide the AN/SQR-19 Towed Array Sonar
    to any foreign country.
    ---------------------------------------------------------------------------

            policy concerning acquisition of additional mx missiles

        Sec. 110. (a) Subject to subsections (b) and (c), of the
    funds appropriated pursuant to the authorization of
    appropriations in section 103 for procurement of missiles for
    the Air Force, $2,500,000,000 may be used for the MX missile
    program, including acquisition of not more than 21 additional
    operational MX missiles.
        (b) Except as provided in subsection (c), none of the
    $2,500,000,000 described in subsection (a) may be obligated for
    the procurement of additional operational MX missiles unless--
              (a) after March 1, 1985, the President submits to
            Congress a report described in subsection (e);
              (2) a joint resolution approving the obligation of
            those funds is enacted as provided for in this section;
            and
              (3) a second joint resolution is enacted as provided
            for in the Department of Defense Appropriation Act,
            1985 (or in a joint resolution providing funds for the
            Department of Defense for fiscal year 1985), further
            approving the obligation of those funds.
        (c) Of the $2,500,000,000 described in subsection (a),
    $1,000,000,000 may be obligated only for--
              (1) procurement related to the deployment of the 21
            MX missiles for which funds were authorized and
            appropriated for fiscal year 1984;
              (2) advance procurement of parts and materials for
            the MX missile program and for the maintenance of the
            MX missile program contractor base; and
              (3) spare parts for the MX missile program.
        (d)(1) For the purpose of subsection (b)(2), ``joint
    resolution'' means only a joint resolution introduced after the
    date on which the report of the President under subsection
    (b)(1) is received by Congress the matter after the resolving
    clause of which is as follows: ``That subject to the enactment
    (after the enactment of this joint resolution) of a joint
    resolution further approving the obligation of such funds, the
    Congress approves the obligation of funds appropriated for
    fiscal year 1985 for the procurement of additional operational
    MX missiles (in addition to the funds previously authorized to
    be obligated).''
        (2) A resolution described in paragraph (1) introduced in
    the House of Representatives shall be referred to the Committee
    on Armed Services of the House of Representatives.\4\ A
    resolution described in paragraph (1) introduced in the Senate
    shall be referred to the Committee on Armed Services of the
    Senate. Such a resolution may not be reported before the 8th
    day after its introduction.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
        (3) If the committee to which is referred a resolution
    described in paragraph (1) has not reported such resolution (or
    an identical resolution) at the end of 15 calendar days after
    its introduction or at the end of the first day after there has
    been reported to the House involved a joint resolution
    approving the further obligation of funds for the procurement
    of operational MX missiles as provided for in the Department of
    Defense Appropriation Act, 1985 (or in a joint resolution
    providing funds for the Department of Defense for fiscal year
    1985), whichever is earlier, such committee shall be deemed to
    be discharged from further consideration of such resolution and
    such resolution shall be placed on the appropriate calendar of
    the House involved.
        (4)(A) When the committee to which a resolution is referred
    has reported, or has been deemed to be discharged (under
    paragraph (3)) from further consideration of, a resolution
    described in paragraph (1), it is at any time thereafter in
    order (even though a previous motion to the same effect has
    been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution, and all
    points of order against the resolution (and against
    consideration of the resolution) are waived. The motion is
    highly privileged in the House of Representatives and is
    privileged in the Senate and is not debatable. The motion is
    not subject to amendment, or to a motion to postpone, or to a
    motion to proceed to the consideration of other business. A
    motion to reconsider the vote by which the motion is agreed to
    or disagreed to shall not be in order. If a motion to proceed
    to the consideration of the resolution is agreed to, the
    resolution shall remain the unfinished business of the
    respective House until disposed of.
        (B) Debate on the resolution, and on all debatable motions
    and appeals in connection therewith, shall be limited to not
    more than 10 hours, which shall be divided equally between
    those favoring and those opposing the resolution. A motion
    further to limit debate is in order and not debatable. An
    amendment to, or a motion to postpone, or a motion to proceed
    to the consideration of other business, or a motion to recommit
    the resolution is not in order. A motion to reconsider the vote
    by which the resolution is agreed to or disagreed to is not in
    order.
        (C) Immediately following the conclusion of the debate on a
    resolution described in paragraph (1), and a single quorum call
    at the conclusion of the debate if requested in accordance with
    the rules of the appropriate House, the vote on final passage
    of the resolution shall occur.
        (D) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedure relating
    to a resolution described in paragraph (1) shall be decided
    without debate.
        (5) If, before the passage by one House of a resolution of
    that House described in paragraph (1), that House receives from
    the other House a resolution described in paragraph (1), then
    the following procedures shall apply:
              (A) The resolution of the other House shall not be
            referred to a committee.
              (B) With respect to a resolution described in
            paragraph (1) of the House receiving the resolution--
                      (i) the procedure in that House shall be the
                    same as if no resolution had been received from
                    the other House; but
                      (ii) the vote on final passage shall be on
                    the resolution of the other House.
        (6) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and House of Representatives, respectively, and
            as such it is deemed a part of the rules of each House,
            respectively, but applicable only with respect to the
            procedure to be followed in that House in the case of a
            resolution described in paragraph (1), and it
            supercedes other rules only to the extent that it is
            inconsistent with such rules; and
              (B) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of that House.
        (e) A report under subsection (b)(1) shall include--
              (1) a statement that the President has determined
            that further acquisition of operational missiles under
            the MX missile program is in the national security
            interest of the United States and is consistent with
            United States arms control policy;
              (2) findings of the President concerning the effect
            of the acquisition and deployment of such missiles on
            the vulnerability of the United States land-based
            intercontinental ballistic missile force;
              (3) a discussion of the basing mode for the MX
            missile (and related improvements in silo-hardening
            technology) and of proposals for the basing mode for
            the small, single-warhead intercontinental ballistic
            missile; and
              (4) to the extent not covered under paragraphs (1)
            through (3), the assessment of the President submitted
            pursuant to subsection (g)(2).
        (f) Obligation for the MX missile program of funds
    appropriated for fiscal year 1985 is subject to section 1231 of
    the Department of Defense Authorization Act, 1984 (Public Law
    98-94; 97 Stat. 693).
        (g)(1) Section 1231(e) of the Department of Defense
    Authorization Act, 1984 (Public Law 98-94; 97 Stat. 694) is
    amended--
              (A) by striking out ``the Committee on Armed Services
            of the Senate and House of Representatives'' and
            inserting in lieu thereof ``Congress'';
              (B) by striking out ``the date of the enactment of
            this Act'' and inserting in lieu thereof ``September
            24, 1983,'';
              (C) by striking out ``and'' at the end of clause (B);
              (D) by striking out the period at the end of clause
            (C) and inserting in lieu thereof ``; and''; and
              (E) by adding at the end thereof the following new
            clause:
              ``(D) the progress of efforts to develop more
            survivable basing modes for the MX and other
            intercontinental missiles, including a new small mobile
            intercontinental ballistic missile.''.
        (2) The first assessment under section 1231(e) of the
    Department of Defense Authorization Act, 1985, submitted after
    the date of the enactment of this Act shall be submitted as
    part of the report described in subsection (e) (rather than
    coincident with any request for funds for the procurement of MX
    missiles submitted to Congress before the submission of that
    report).

          prohibition of spending funds for binary chemical munitions

        Sec. 111. None of the funds appropriated pursuant to
    authorizations of appropriations in this title may be used for
    procurement of binary chemical munitions, including advanced
    procurement of long-lead components or for the establishment of
    a production base for such munitions.
              * * * * * * *

          foreign military sales of air national guard oa-37 aircraft

        Sec. 113. It is the sense of Congress--
              (1) that the Air Force should, at the earliest
            practicable date, provide modern replacement aircraft
            for those Air National Guard units currently using OA-
            37 Dragonfly aircraft in order to fulfill Forward Air
            Controller (FAC) mission of the Air National Guard; and
              (2) that the United States should not sell or
            otherwise provide to any foreign country any OA-37
            aircraft currently assigned to an Air National Guard
            unit unless the unit to which such aircraft is assigned
            is in the process of converting to the use of a more
            modern aircraft or unless the OA-37 aircraft to be sold
            or otherwise provided to a foreign country has been
            replaced with an OA-37 from the stocks of the Air
            Force.

             TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              * * * * * * *

              policy governing the test of anti-satellite warheads

        Sec. 205.\5\ * * *
    ---------------------------------------------------------------------------
        \5\ Sec. 205 amended sec. 1235 of the Department of Defense
    Authorization Act, 1984.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

    sale of articles manufactured by certain arsenals; asset capitalization
                                    program

        Sec. 305.\6\ * * *
    ---------------------------------------------------------------------------
        \6\ Sec. 305 added a new sec. 2208(i) to 10 U.S.C., concerning the
    sale of articles manufactured by certain arsenals (redesignated as sec.
    4543).
    ---------------------------------------------------------------------------
              * * * * * * *

    sense of congress concerning introduction of united states armed forces
                        into central america for combat

        Sec. 310.\7\ (a) The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
              (1) The President has stated that there is no need to
            introduce United States Armed Forces into Central
            America for combat and that he has no intention of
            doing so.
              (2) The President of El Salvador has stated that
            there is no need for United States Armed Forces to
            conduct combat operations in El Salvador and that he
            has no intention of asking that they do so.
              (3) The possibility of the introduction of United
            States Armed Forces into Central America for combat
            raises very grave concern in the Congress and the
            American people.
        (b) It is the sense of Congress that--
              (1) United States Armed Forces should not be
            introduced into or over the countries of Central
            America for combat; and
              (2) if circumstances change from those present on the
            date of the enactment of this Act and the President
            believes that those changed circumstances require the
            introduction of United States Armed Forces into or over
            a country of Central America for combat, the President
            should consult with Congress before any decision to so
            introduce United States Armed Forces and any such
            introduction of United States Armed Forces must comply
            with the War Powers Resolution.
              * * * * * * *

              TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

              * * * * * * *

         personal vehicles of united states military personnel in japan

        Sec. 653. (a) The Congress finds that--
              (1) the Government of Japan does not permit members
            of the Armed Forces of the United States to take their
            motor vehicles into Japan for their personal use while
            assigned to a duty station in Japan unless such
            vehicles are modified to satisfy certain requirements
            of the Government of Japan;
              (2) as a result of the restriction referred to in
            clause (1), members of the Armed Forces typically need
            to sell their personal motor vehicles before departing
            the United States to report to a duty station in Japan,
            to purchase vehicles in Japan for personal use while
            stationed in Japan, to sell such purchased vehicles
            before departing Japan to return to the United States,
            and to purchase vehicles in the United States upon
            their return;
              (3) members of the Armed Forces incur a substantial
            financial burden in connection with the repeated sale
            and replacement of personal vehicles;
              (4) the United States permits members of the Armed
            Forces of foreign nations to bring unmodified vehicles
            into the United States for their personal use while
            assigned to duty stations in the United States; and
              (5) the United States provides a substantial
            contribution to the defense of Japan and the waters
            surrounding Japan.
        (b) Considering the findings set out in subsection (a), it
    is the sense of the Congress that the President, acting through
    the Secretary of Defense and the Secretary of State, should
    enter into negotiations with the Government of Japan for the
    purpose of obtaining the agreement of such government not to
    require the modification of the personal motor vehicles of
    members of the Armed Forces of the United States brought into
    Japan for the personal use while stationed in Japan.
        (c) Not later than 90 days after the date of the enactment
    of this Act, the Secretary of Defense and the Secretary of
    State shall transmit to the Congress a written report relating
    to the matters described in subsection (a). The report shall
    include--
              (1) a description of any negotiations carried out
            with the Government of Japan; and
              (2) a description of the other actions the Government
            of the United States can reasonably take to obtain an
            agreement described in subsection (b).
              * * * * * * *

               TITLE X--MATTERS RELATING TO NATO AND OTHER ALLIES

     sense of congress relating to increase in defense spending by united
                                 states allies

        Sec. 1001.\8\ It is the sense of Congress that the
    President--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 1928 note. See also sec. 1046--Defense Cost-Sharing--
    in Public Law 102-190 (105 Stat. 1466).
    ---------------------------------------------------------------------------
              (1) should call on the pertinent member nations of
            the North Atlantic Treaty Organization to meet or
            exceed their pledges for an annual increase in defense
            spending during fiscal years 1984 and 1985 of at least
            3 percent real growth; and
              (2) should call on Japan to further increase its
            defense spending during fiscal years 1984 and 1985;
    in furtherance of increased unity; equitable sharing of the
    common defense burden, and international stability.

                  improvements to nato conventional capability

        Sec. 1002.\8\ (a) The Congress finds--
              (1) that the North Atlantic Treaty Organization
            (NATO) should improve its conventional defense
            capability so as to lengthen the period of time that
            Western Europe can be defended by conventional forces
            without the necessity of resorting to the early use of
            nuclear weapons in the event of a non-nuclear attack on
            any NATO member country;
              (2) that fulfillment by NATO member nations of their
            goals and commitments to increase defense spending,
            improve conventional sustainability, and provide
            support facilities in Western Europe for rapid
            reinforcements from the United States is crucial to
            accomplishing that objective; and
              (3) that an increase over current United States
            military personnel levels in European member nations of
            NATO can be justified only if these goals and
            commitments are substantially met by NATO member
            nations (other than the United States).
        (b) The Congress urges the President and the Secretary of
    Defense to continue to encourage member nations of NATO (other
    than the United States) to work expeditiously to fulfill the
    following commitments they have undertaken:
              (1) To achieve and maintain an annual increase in
            their defense spending of at least 3 percent after
            inflation.
              (2) To acquire a 30-day supply of air and ground
            munitions among those NATO members which have committed
            forces to the Northern, Center, and Southern Regions.
              (3) To construction of the number of minimum
            essential and emergency operating facilities and
            semihardened aircraft shelters in Western Europe
            required by NATO Ministerial Guidance to support, under
            NATO/SHAPE standards, as a minimum, the annual
            commitment of United States reinforcing tactical
            aircraft.
        (c) \9\ (1) The end strength level of members of the Armed
    Forces of the United States assigned to permanent duty ashore
    in European member nations of the North Atlantic Treaty
    Organization may not exceed a permanent ceiling of
    approximately 100,000 in any fiscal year.
    ---------------------------------------------------------------------------
        \9\ Sec. 1303(a) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2889) amended and
    restated subsec. (c)(1), effective October 1, 1995. The paragraph
    formerly read as follows, as amended:
        ``(c)(1) No appropriated funds may be used to support an end
    strength level of members of the Armed Forces of the United States
    assigned to permanent duty ashore in European member nations of NATO at
    any level exceeding a permanent ceiling of 235,700. The Secretary of
    Defense may exceed such permanent ceiling in any year by a number equal
    to not more than \1/2\ of 1 percent for the purpose of achieving sound
    management in the rotation of members of the Armed Forces of the United
    States to and from assignment to permanent duty ashore in European
    member nations of NATO, but only if the Secretary determines that the
    increase in such year is necessary for such purpose. In any fiscal year
    for which the permanent ceiling specified in the first sentence of this
    subsection is 235,700, the President may authorize an end strength
    level of members of the Armed Forces assigned to permanent duty ashore
    in European member nations of the North Atlantic Treaty Organization at
    a level not to exceed 261,855 if the President determines that the
    national security interests of the United States require such
    authorization. Whenever the President exercises the authority provided
    under the preceding sentence, the President shall notify Congress of
    that determination and of the necessity for exceeding such permanent
    ceiling.''.
        The paragraph had been previously amended by sec. 1101 of the
    Department of Defense Authorization Act of 1986 (Public Law 99-145; 99
    Stat. 707); sec. 911 of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1523); sec.
    406 of the National Defense Authorization Act for Fiscal Year 1991
    (Public Law 101-510; 104 Stat. 1546); and sec. 1042(a) and (b) of the
    National Defense Authorization Act for Fiscal Years 1992 and 1993
    (Public Law 102-190; 105 Stat. 1462);
    ---------------------------------------------------------------------------
        (2) If the Secretary of Defense certifies to the Congress
    in writing during any fiscal year after fiscal year 1985 that
    during the previous fiscal year the member nations of NATO
    (other than the United States) have undertaken significant
    measures to improve their conventional defense capacity
    consistent with the goals set forth in subsection (b) which
    contributes to lengthening the time period between an armed
    attack on any NATO country and the time the Supreme Allied
    Commander, Europe, would have to request the release and use of
    nuclear weapons, the Congress would give strong consideration
    to authorizing an increase in the permanent ceiling prescribed
    in paragraph (1) for fiscal years after such fiscal year.
        (3) \10\ For purposes of this subsection, the following
    members of the Armed Forces are excluded in calculating the end
    strength level of members of the Armed Forces of the United
    States assigned to permanent duty ashore in European member
    nations of NATO:
    ---------------------------------------------------------------------------
        \10\ Sec. 1303(b) of the National Defense Authorization Act for
    Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2889) added para. (3).
    It was amended and restated by sec. 1334(a) of Public Law 104-106 (110
    Stat. 484).
    ---------------------------------------------------------------------------
              (A) Members assigned to permanent duty ashore in
            Iceland, Greenland, and the Azores.
              (B) Members performing duties in Europe for more than
            179 days under a military-to-military contact program
            under section 168 of title 10, United States Code.
        (d) \11\ * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \11\ Repealed by sec. 1032(b)(4) of Public Law 106-65 (113 Stat.
    751), sec. 1002(d) had required an annual report from the Secretary of
    Defense on NATO supplies, facilities, and semihardened aircraft
    shelters as they related to the United States commitment of reinforcing
    aircraft in the United States Defense Planning Questionnaire (DPQ)
    Response.
    ---------------------------------------------------------------------------
        (e)(1) The Congress finds that a viable ``two-way street''
    of defense procurement improves NATO interoperability and
    therefore is important to overall improvements in conventional
    defense.
        (2) In addition to any funds appropriated pursuant to the
    authorization contained in section 201 for the activities of
    the Director of Test and Evaluation, Defense, the Director may
    use an additional amount, not to exceed $50,000,000, to acquire
    certain types of weapons, subsystems, and munitions of European
    NATO manufacture for side-by-side testing with comparable
    United States manufactured items. Such additional amount shall
    be derived from any funds appropriated pursuant to an
    authorization contained in this Act. Items that may be acquired
    under this paragraph include submunitions and dispensers, anti-
    tank and anti-armor guided missiles, mines, runway-cratering
    devices, torpedoes, mortar systems, light armored vehicles, and
    high-velocity anti-tank guns.
        (f)(1) This section shall not apply in the event of a
    declaration of war or an armed attack on any NATO member
    country.
        (2) This section may be waived by the President if he
    declares an emergency and immediately informs the Congress of
    his action and the reasons therefor.

              report on allied contributions to the common defense

        Sec. 1003.\12\ (a) In recognition of the increasing
    military threat faced by the Western World and in view of the
    growth, relative to the United States, in the economic strength
    of Japan, Canada, and a number of Western European countries
    which has occurred since the signing of the North Atlantic
    Treaty on April 4, 1949, and the Mutual Cooperation and
    Security Treaty between Japan and the United States on January
    19, 1960, it is the sense of the Congress that--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 1928 note. Sec. 324 of Public Law 102-484 (106 Stat.
    2367) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 324. overseas environmental restoration.
    ---------------------------------------------------------------------------

        ``(a) Sense of Congress.--It is the sense of the Congress that in
    carrying out environmental restoration activities at military
    installations outside the United States, the President should seek to
    obtain an equitable division of the costs of environmental restoration
    with the nation in which the installation is located.
        ``(b) Report.--The Secretary of Defense shall include in each
    Report on Allied Contributions to the Common Defense prepared under
    section 1003 of Public Law 98-525 (22 U.S.C. 1928) information, in
    classified and unclassified form, describing the efforts undertaken and
    the progress made by the President in carrying out subsection (a)
    during the period covered by the report.''.
    ---------------------------------------------------------------------------
              (1) the burdens of mutual defense now assumed by some
            of the countries allied with the United States under
            those agreements are not commensurate with their
            economic resources;
              (2) since May 1978, when each member nation of the
            North Atlantic Treaty Organization (NATO) agreed to
            increase real defense spending annually in the range of
            3 percent, most NATO members, except for the United
            States, have failed to meet the 3 percent real growth
            commitment consistently;
              (3) since May 1981, when the Government of Japan
            established its policy to defend the air and sea lines
            of communication out to 1,000 nautical miles from the
            coast of Japan, progress to develop the necessary self-
            defense capabilities to fulfill that pledge has been
            extremely disappointing;
              (4) Japan is the ally of the United States with the
            greatest potential for improving its self-defense
            capabilities and should, therefore, rapidly increase
            its annual defense spending to the levels required to
            fulfill that pledge and to enable Japan to be capable
            of an effective conventional self-defense capability by
            1990, including the capability to carry out its 1,000-
            mile defense policy, a development that would be
            consonant not only with Japan's current prominent
            position in the family of nations but also with its
            unique sensibilities on the issues of war and peace,
            sensibilities that are recognized and respected by the
            people of the United States; and
              (5) the continued unwillingness of such countries to
            increase their contributions to the common defense to
            more appropriate levels will endanger the vitality,
            effectiveness, and cohesion of the alliances between
            those countries and the United States.
        (b) It is further the sense of the Congress that the
    President should seek from each signatory country (other than
    the United States) of the two treaties referred to in
    subsection (a) acceptance of international security
    responsibilities and an agreement to make contributions to the
    common defense which are commensurate with the economic
    resources of such country, including, when appropriate, an
    increase in host nation support.
        (c) \13\ The Secretary of Defense shall submit to the
    Congress by March 1, 1998, and every other year thereafter, not
    later than April 1,\14\ a classified report containing--
    ---------------------------------------------------------------------------
        \13\ Sec. 1412(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1829) provided the
    following:
        ``(c) Finding and Sense of Congress.--(1) The Congress finds that
    the Secretary of Defense did not submit to Congress in a timely manner
    the report on allied contributions to the common defense required under
    section 1003(c) of the National Defense Authorization Act, 1985 (Public
    Law 98-525; 22 U.S.C. 1928 note), to be submitted not later than April
    1, 1993.
        ``(2) It is the sense of Congress that the timely submission of
    such report to Congress each year is essential to the deliberation by
    Congress concerning the annual defense program.''.
        \14\ Sec. 1312(c)(3) of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1670) struck out
    ``March 1'' and inserted in lieu thereof ``April 1''. Subsequently,
    sec. 1084(e) of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201; 110 Stat. 2675) struck out ``each year'', and
    inserted in lieu thereof ``by March 1, 1998, and every other year
    thereafter''.
    ---------------------------------------------------------------------------
              (1) a comparison of the fair and equitable shares of
            the mutual defense burdens of these alliances that
            should be borne by the United States, by other member
            nations of NATO, and by Japan based upon economic
            strength and other relevant factors, and the actual
            defense efforts of each nation together with an
            explanation of disparities that currently exist and
            their impact on mutual defense efforts;
              (2) a description of efforts by the United States and
            the efforts of other members of the alliances to
            eliminate any existing disparities;
              (3) projected estimates of the real growth in defense
            spending for the fiscal year in which the report is
            submitted for each NATO member nation;
              (4) a description of the defense-related initiatives
            undertaken by each NATO member nation within the real
            growth in defense spending of such nation in the fiscal
            year immediately preceding the fiscal year in which the
            report is submitted;
              (5) an explanation of those instances in which the
            commitments to real growth in defense spending have not
            been realized and a description of efforts being made
            by the United States to ensure fulfillment of these
            important NATO commitments;
              (6) a description of the activities of each NATO
            member and Japan to enhance the security and stability
            of the Southwest Asia region and to assume additional
            missions for their own defense as the United States
            allocates additional resources to the mission of
            protecting Western interests in world areas not covered
            by the system of Western Alliances; and
              (7) a description of what additional actions the
            executive branch plans to take should the efforts by
            the United States referred to in clauses (2) and (5)
            fail, and, in those instances where such additional
            actions do not include consideration of the
            repositioning of American troops, a detailed
            explanation as to why such repositioning is not being
            so considered.
        (d) The Secretary of Defense shall also submit to the
    Congress not more than 30 days after the submission of the
    report required under subsection (a) an unclassified report
    containing the matters set forth in clauses (1) through (7) of
    such subsection.

                      nato seasparrow cooperative program

        Sec. 1004. The Secretary of the Navy is authorized to
    continue participation, in accordance with current operating
    procedures, in the North Atlantic Treaty Organization
    SEASPARROW Surface Missile System Cooperative Consortium, as
    described in the Memorandum of Understanding between the United
    States, Denmark, Norway, Italy, the Netherlands, Belgium,
    Canada, Greece, and Federal Republic of Germany, signed by the
    United States on June 6, 1968, and the Memorandum of
    Understanding between the same countries, signed by the United
    States on May 20, 1977.

    procurement of communications support and related supplies and services

        Sec. 1005.\15\ * * *
    ---------------------------------------------------------------------------
        \15\ Sec. 1005 added a new sec. 2401a to 10 U.S.C. (redesignated as
    sec. 2350f).
    ---------------------------------------------------------------------------

           policy on armaments cooperation with nato member countries

        Sec. 1006. Not later than May 1, 1985, the Secretary of
    Defense shall transmit to Congress a report setting forth a
    comprehensive proposal by which the United States and NATO
    member countries may achieve the objectives described in
    section 1122(b) of the Department of Defense Authorization Act,
    1983 (Public Law 97-252; 96 Stat. 755).

       authority of secretary of defense in connection with cooperative
                  agreements on air defense in central europe

        Sec. 1007. (a) During fiscal year 1985, the Secretary of
    Defense may carry out the European air defense agreements. In
    carrying out those agreements during that year, the Secretary--
              (1) may provide without monetary charge to the
            Federal Republic of Germany articles and services as
            specified in the agreements; and
              (2) may accept from the Federal Republic of Germany
            (in return for the articles and services provided under
            paragraph (1)) articles and services as specified in
            the agreements.
        (b) In connection with the administration of the European
    air defense agreements during fiscal year 1985, the Secretary
    of Defense may--
              (1) waive any surcharge for administrative services
            otherwise chargeable under section 21(e)(1)(A) of the
            Arms Export Control Act (22 U.S.C. 2761(e)(1)(A));
              (2) waive any charge not otherwise waived for
            services associated with contract administration for
            the sale under the Arms Export Control Act of Patriot
            air defense missile fire units to the Federal Republic
            of Germany contemplated in the agreements;
              (3) use, to the extent contemplated in the
            agreements, the NATO Maintenance and Supply Agency (A)
            for the supply of logistic support in Europe for the
            Patriot missile system, and (B) for the acquisition of
            such logistic support, to the extent that the Secretary
            determines that the procedures of that agency governing
            such supply and acquisition are appropriate;
              (4) share, to the extent contemplated in the
            agreements, the costs of set-up charges of facilities
            for use by that agency to perform depot-level support
            of Patriot missile fire units in Europe; and
              (5) deliver to the Federal Republic of Germany one
            Patriot missile fire unit configured for training, to
            be purchased by the Federal Republic of Germany under
            the Arms Export Control Act as contemplated in the
            agreements, without regard to the requirement in
            section 22 of that Act (22 U.S.C. 2762) for payment in
            advance of delivery for any purchase under that Act.
        (c) Notwithstanding the rate required to be charged under
    section 21 of the Arms Export Control Act for services
    furnished by the United States, in the case of the 14 Patriot
    missile fire units which the Federal Republic of Germany
    purchases from the United States under that Act as contemplated
    in the European air defense agreements, the rate charged by the
    Secretary of Defense for packing, crating, handling, and
    transportation services associated with that purchase may not
    exceed the established Department of Defense rate for such
    services.
        (d) For the purposes of this section, the term ``European
    air defense agreements'' means (1) the agreement entitled
    ``Agreement between the Secretary of Defense of the United
    States of America and the Minister of Defense of the Federal
    Republic of Germany on Cooperative Measures for Enhancing Air
    Defense for Central Europe'', signed on December 6, 1983, and
    (2) the agreement entitled ``Agreement between the Secretary of
    Defense of the United States of America and the Federal
    Minister of Defense of the Federal Republic of Germany in
    implementation of the 6 December 1983 Agreement on Cooperative
    Measures for Enhancing Air Defense for Central Europe'', signed
    on July 12, 1984.
        (e) The authority of the Secretary of Defense to enter into
    contracts under the European air defense agreements is
    available only to the extent that appropriated funds are
    otherwise available for that purpose.

                TITLE XI--MATTERS RELATING TO ARMS CONTROL \16\
    ---------------------------------------------------------------------------

        \16\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. F.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE XV--GENERAL PROVISIONS

              * * * * * * *

                Part B--Provisions Relating to Specific Programs

                       chemical warfare review commission

        Sec. 1511. (a) The President shall establish a bipartisan
    commission to be known as the ``Chemical Warfare Review
    Commission''. The Commission shall review the overall adequacy
    of the chemical warfare posture of the United States with
    particular emphasis on the question of whether the United
    States should produce binary chemical munitions, and shall
    report its findings and recommendations to the President not
    later than April 1, 1985. In developing its recommendations,
    the Commission shall consider--
              (1) the relationship of chemical stockpile
            modernization by the United States with the ultimate
            goal of the United States of achieving a multilateral,
            comprehensive, and verifiable ban on chemical weapons;
              (2) the adequacy of the existing United States
            stockpile of unitary chemical weapons in providing a
            credible deterrent to use by the Soviet Union of
            chemical weapons against United States and allied
            forces;
              (3) whether the binary chemical modernization program
            proposed by the Department of Defense is adequate to
            support United States national security policy by
            posing a credible deterrent to chemical warfare; and
              (4) the ability of defensive measures alone to meet
            the Soviet chemical warfare threat and the adequacy of
            funding for current and projected defensive measure
            programs.
        (b) The President shall submit to Congress the report of
    the Commission, together with the President's comments on the
    report, not later than April 1, 1985.
              * * * * * * *

              Part C--Miscellaneous Defense Reporting Requirements

              * * * * * * *

           study of foreign sales and procurement of defense articles

        Sec. 1522. (a)(1) The Secretary of Defense, in consultation
    with the heads of other appropriate Federal agencies, shall
    carry out a study to assess how the adequacy of the industrial
    base of the United States in the event of a war or national
    emergency is affected--
              (A) by procurement by the Department of Defense of
            defense articles that are produced outside the United
            States or that are assembled from components, or
            fabricated from materials, produced outside the United
            States; and
              (B) by sales by the Department of Defense or
            commercial manufacturers of defense articles
            manufactured in the United States to purchasers outside
            the United States.
        (2) For the purposes of this section, the term ``foreign-
    component defense article'' means a defense article--
              (A) that was produced outside the United States;
              (B) that was assembled from over 50 percent
            components, or fabricated from over 50 percent
            materials, produced outside the United States; or
              (C) that contains a major component that was produced
            outside the United States.
        (b) The study under subsection (a) shall assess the effects
    of restrictions on the procurement of foreign-component defense
    articles on the overall United States balance of trade, on the
    balance of trade in defense articles, on treaties currently in
    effect, on the budgetary cost of national defense, on existing
    memoranda of understanding, on United States military
    alliances, and on efforts to increase the rationalization,
    standardization, and interoperability of articles used by North
    Atlantic Treaty Organizations forces.
        (c) Restrictions to be considered for the purposes of
    subsection (b) shall include--
              (1) a prohibition on procurement of foreign-component
            defense articles;
              (2) a prohibition on procurement of a defense article
            (or a major component of a defense article) from a
            foreign source unless there is also a domestic producer
            of the article;
              (3) a prohibition on procurement of defense articles
            (and major components of defense articles) from a
            country with which the United States has an unfavorable
            balance of trade in defense articles; and
              (4) a prohibition on procurement of a defense article
            (or a major component of a defense article) from a
            foreign source of more than 50 percent of the total
            quantity of the defense article (or major component) to
            be procured.
        (d) The study under subsection (a) shall consider
    circumstances and requirements under a war or national
    emergency of both a brief duration and a long duration.
        (e) A report of the study under subsection (a) shall be
    submitted to the Committees on Armed Services of the Senate and
    House of Representatives \17\ not later than October 15, 1985.
    ---------------------------------------------------------------------------
        \17\ 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. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

          report on americans unaccounted for or missing in indochina

        Sec. 1525. (a) The Congress finds that--
              (1) the President has declared that the issue of the
            2,483 Americans missing or otherwise unaccounted for
            the Indochina is an issue of the highest national
            priority and has initiated high level discussions with
            the Governments of the Lao People's Democratic Republic
            and the Socialist Republic of Vietnam on the issue;
              (2) the Congress, on a bipartisan basis, fully
            supports these initiatives and realizes that the
            fullest possible accounting of those Americans can only
            be achieved with the cooperation of those governments;
              (3) the Government of the Lao People's Democratic
            Republic has recently taken positive actions to assist
            the United States Government in resolving the status of
            those missing Americans; and
              (4) the Government of the Socialist Republic of
            Vietnam has pledged to cooperate with the Government of
            the United States in resolving this humanitarian issue,
            separate from other issues dividing the two countries.
        (b) The Congress strongly urges the President--
              (1) to ensure that officials of the United States
            Government conscientiously and fully carry out the
            pledge of the President to commit the full resources of
            the United States Government to resolve the issue of
            the 2,483 Americans still missing or otherwise
            unaccounted for in Indochina;
              (2) to pursue vigorously all reports concerning
            sightings of live Americans who may be among those
            missing or otherwise unaccounted for in Indochina;
              (3) to work to achieve the fullest possible
            accounting of all Americans missing or otherwise
            unaccounted for in Indochina;
              (4) to seek the immediate return of the remains of
            all Americans who have died in Indochina and whose
            remains have not been returned; and
              (5) to make every effort to secure the further
            cooperation of the Lao People's Democratic Republic and
            the Socialist Republic of Vietnam in resolving this
            humanitarian issue of fundamental importance.
        (c) The Congress calls upon the Socialist Republic of
    Vietnam and the Lao People's Democratic Republic to accelerate
    cooperation with the United States in achieving the fullest
    possible accounting for Americans still missing in Indochina.
        (d) Not later than 180 days after the date of the enactment
    of this Act, the President shall submit to Congress a report
    detailing actions being taken by the United States Government
    described in subsection (b).
              * * * * * * *

                  Part D--Miscellaneous Defense-Related Matter

              * * * * * * *

    authorization for secretary of defense to transport humanitarian relief
                       supplies to foreign countries \18\

        Sec. 1540. (a) Notwithstanding any other provision of law,
    during fiscal year 1987,\19\ the Secretary of Defense may
    transport on a space available basis, at no charge, to any
    country in any area of the world \18\ goods and supplies which
    have been furnished by a nongovernmental source and which are
    intended for humanitarian assistance.
    ---------------------------------------------------------------------------
        \18\ Sec. 306(a) and (b) of the Department of Defense Authorization
    Act, 1986 (Public Law 99-145; 99 Stat. 617), amended sec. 1540(a) and
    the caption above it by authorizing transport to ``foreign countries''
    or to ``any area of the world'' in lieu of ``Central America''.
        \19\ Sec. 332 of Public Law 99-661 (100 Stat. 3857) struck out
    ``fiscal years 1985 and 1986'' and inserted in lieu thereof ``fiscal
    year 1987''.
    ---------------------------------------------------------------------------
        (b)(1) The President shall institute procedures, including
    complete inspection prior to acceptance for transport, for
    determining that--
              (A) the transport of any goods and supplies
            transported under this section is consistent with
            foreign policy objectives;
              (B) the goods and supplies to be transported are
            suitable for humanitarian purposes and are in usable
            condition;
              (C) there is a legitimate humanitarian need for such
            goods and supplies;
              (D) the goods and supplies will in fact be used for
            humanitarian purposes; and
              (E) there are adequate arrangements for the
            distribution of such goods and supplies in the country
            of destination.
        (2) Goods and supplies determined not to meet the criteria
    of paragraph (1) may not be transported under this section.
        (3) It shall be the responsibility of the donor to ensure
    that goods or supplies to be transported under this section are
    suitable for transport.
        (c) Goods and supplies transported under this section may
    be distributed by an agency of the United States Government, a
    foreign government, or international organization, or a private
    nonprofit relief organization. The Secretary of Defense may not
    accept any goods or supplies for transportation under this
    section unless verification of adequate arrangements has been
    received in advance for distribution of such goods and
    supplies.
        (d) Goods or supplies transported under this section may
    not be distributed, directly or indirectly, to any individual,
    group, or organization engaged in military or paramilitary
    activity.
        (e) No later than 90 days after the date of the enactment
    of this section, and every 60 days thereafter, the Secretary of
    State shall report to the Congress concerning the origin,
    contents, destination, and disposition of all goods and
    supplies transported under this section.

                      Part E--Other Miscellaneous Matters

                        survivors of the glomar java sea

        Sec. 1541. (a) The Congress finds that--
              (1) on October 26, 1983, the United States registered
            oil drilling ship Glomar Java Sea was reported missing
            during stormy weather at its drilling site 60 miles off
            Hainan Island in the South China Sea and was found
            sunken near its drilling site on November 1, 1983;
              (2) no evidence has been found of 46 of the 81
            crewmen, including citizens of the United States, or of
            the lifeboats which, reportedly, were launched from the
            Glomar Java Sea, despite an intensive cooperative
            search involving United States military search and
            rescue aircraft and commercial vessels;
              (3) the Chairman of the United States Coast Guard
            Marine Board of Investigation has concluded that it is
            possible that crewmembers of the Glomar Java Sea
            survived and drifted into waters near the coast of
            Vietnam; and
              (4) the Government of Vietnam has refused to allow an
            independent search for the possible survivors to be
            conducted in waters within 20 miles of such coast.
        (b) Considering the findings set out in subsection (a), it
    is the sense of the Congress that the President should, through
    all appropriate bilateral and multilateral channels, continue
    and accelerate the effort to obtain the cooperation of the
    Government of Vietnam in ascertaining the fate or locations of
    the 46 crewmen of the sunken United States registered vessel
    Glomar Java Sea.

        policy regarding the furnishing of food and medical supplies to
                                  afghanistan

        Sec. 1542. (a) The Congress finds--
              (1) that after more than four years of occupation by
            the military forces of the Soviet Union, the freedom-
            loving people of Afghanistan continue to resist the
            oppression of the Soviet Union;
              (2) that the current Soviet Union offensive has
            resulted in great suffering and destruction in
            Afghanistan and has intensified the Soviet policy which
            targets civilian populations; and
              (3) that this ``scorched earth'' policy of the Soviet
            Union, which has resulted in the destruction of crops,
            food supplies, farms, hospitals, and other public
            buildings in Afghanistan, has been a desperate attempt
            on the part of the Soviet Union to subdue the
            population of that country or to force the depopulation
            of certain areas which the occupying forces of the
            Soviet Union are unable to control.
        (b) It is, therefore, the sense of Congress that the free
    world should take all appropriate steps to ensure that the
    people of Afghanistan have the necessary food and medical
    supplies adequate to sustain themselves while they are being
    ravaged by the invading forces of the Soviet Union.

               reaffirmation of united states policy toward cuba

        Sec. 1543. (a) It is the policy of the Government of the
    United States to continue in its relations with the Government
    of Cuba the policy set forth in the joint resolution entitled
    ``Joint resolution expressing the determination of the United
    States with respect to the situation in Cuba'', approved by the
    President on October 3, 1962 (Public Law 87-733; 76 Stat.
    697).\20\
    ---------------------------------------------------------------------------
        \20\ For text, see Legislation on Foreign Relations Through 2005,
    vol. II, sec. G.
    ---------------------------------------------------------------------------
        (b) Nothing in this section shall be deemed to change or
    otherwise affect the standards and procedures provided in the
    National Security Act of 1947, the Foreign Assistance Act of
    1961, or the War Powers Resolution. This section does not
    constitute the statutory authorization for introduction of
    United States Armed Forces contemplated by the War Powers
    Resolution.

       report on use of cuban and russian nickel in defense procurements

        Sec. 1544. Not later than April 1, 1985, the Secretary of
    Defense shall submit to Congress a report on the effects on the
    national security of the United States of procurement by the
    Department of Defense of products containing nickel produced in
    Cuba or the Soviet Union. The report shall be prepared after
    consultation with the Secretaries of Commerce, the Interior,
    and the Treasury.
              * * * * * * *

               TITLE XVII--UNITED STATES INSTITUTE OF PEACE \21\
    ---------------------------------------------------------------------------

        \21\ Title XVII, cited as the United States Institute of Peace Act,
    can be found in Legislation on Foreign Relations Through 2005, vol. II,
    sec. D.
    ---------------------------------------------------------------------------
              * * * * * * *
               ff. Department of Defense Authorization Act, 1984

       Partial text of Public Law 98-94 [S. 675], 97 Stat. 614, approved
      September 24, 1983; as amended by Public Law 98-525 [Department of
      Defense Authorization Act, 1985; H.R. 5167], 98 Stat. 2492 at 2574,
    approved October 19, 1984; and by Public Law 100-456 [National Defense
       Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 1918,
                          approved September 29, 1988

     AN ACT To authorize appropriations for fiscal year 1984 for the Armed
         Forces for procurement, for research, development, test, and
     evaluation, and for operation and maintenance, to prescribe personnel
     strengths for such fiscal year for the Armed Forces and for civilian
    employees of the Department of Defense, to authorize appropriations for
          such fiscal year for civil defense, and for other purposes.

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

                       TITLE XI--NATO AND RELATED MATTERS

                  north atlantic defense cooperative programs

        Sec. 1101. In order to fulfill the international
    obligations incurred by the United States under the North
    Atlantic Treaty Organization's Long-Term Defense Program for
    the rapid reinforcement of Europe, and recognizing that such
    action is in the national interest of the United States, the
    Secretary of Defense shall carry out commitments of the United
    States under the United States-German Wartime Host Nation
    Support Agreement of April 15, 1982, and under the
    Prepositioned Materiel Configured in Unit Sets (POMCUS) program
    by the earliest practicable date. The Secretary of Defense
    shall include in his annual report to the Congress a statement
    describing the status of implementation of such agreement and
    program, including his assessment of whether our allies are
    bearing their equitable share under such agreement and program
    and whether the implementation of such agreement and program
    adversely affects the readiness of the reserve components of
    the Armed Forces of the United States.

              report on allied contributions to the common defense

        Sec. 1102.\1\ (a) In recognition of the increasing military
    threat faced by the Western World and in view of the growth,
    relative to the United States, in the economic strength of
    Japan, Canada, and a number of Western European countries which
    has occurred since the signing of the North Atlantic Treaty on
    April 4, 1949, and the Mutual Cooperation and Security treaty
    between Japan and the United States on January 19, 1960, it is
    the sense of the Congress that--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) the burdens of mutual defense now assumed by some
            of the countries allied with the United States under
            those agreements are not commensurate with their
            economic resources;
              (2) since May 1978, when each NATO member nation
            agreed to increase real defense spending annually in
            the range of 3 percent, most NATO members, except for
            the United States, have failed to meet the 3 percent
            real growth commitment consistently and performance
            toward this goal in 1983 is estimated to be the most
            deficient, on average, since the goal was established;
              (3) since May 1981, when the Government of Japan
            established its policy to defend the air and sea lines
            of communication out to 1,000 nautical miles from the
            coast of Japan, progress to develop the necessary self-
            defense capabilities to fulfill that pledge has been
            extremely disappointing;
              (4) Japan is the ally of the United States with the
            greatest potential for improving its self-defense
            capabilities and should, therefore, rapidly increase
            its annual defense spending to the levels required to
            fulfill that pledge and to enable Japan to be capable
            of an effective conventional self-defense capability by
            1990, including the capability to carry out its 1,000-
            mile defense policy, a development that would be
            consonant not only with Japan's current prominent
            position in the family of nations but also with its
            unique sensibilities on the issues of war and peace,
            sensibilities that are recognized and respected by the
            people of the United States; and
              (5) the continued unwillingness of such countries to
            increase their contributions to the common defense to
            more appropriate levels will endanger the vitality,
            effectiveness, and cohesiveness of the alliances
            between those countries and the United States.
        (b) It is further the sense of the Congress that the
    President should seek from each signatory country (other than
    the United States) of the two treaties referred to in
    subsection (a) acceptance of international security
    responsibilities and an agreement to make contributions to the
    common defense which are commensurate with the economic
    resources of such country, including, when appropriate, an
    increase in host nation support.
        (c)(1) The Secretary of Defense shall submit to the
    Congress not later than March 1, 1984, a classified report
    containing--
              (A) a comparison of the fair and equitable shares of
            the mutual defense burdens of these alliances that
            should be borne by the United States, by other member
            nations of the North Atlantic Treaty Organization
            (NATO), and by Japan, based upon economic strength and
            other relevant factors, and the actual defense efforts
            of each nation together with an explanation of
            disparities that currently exist and their impact on
            mutual defense efforts;
              (B) a description of efforts by the United States and
            of other efforts to eliminate existing disparities;
              (C) estimates of the real growth in defense spending
            in fiscal year 1983 projected for each NATO member
            nation compared with the annual real growth goal in the
            range of 3 percent set in May 1978;
              (D) a description of the defense-related initiatives
            undertaken by each NATO member nation within the real
            growth in defense spending of such nation in fiscal
            year 1984;
              (E) an explanation of those instances in which the
            commitments to real growth in defense spending have not
            been realized and a description of efforts being made
            by the United States to ensure fulfillment of these
            important NATO commitments;
              (F) a description of the activities of each NATO
            member and Japan to enhance the security and stability
            of the Southwest Asia region and to assume additional
            missions for their own defense as the United States
            allocates additional resources to the mission of
            protecting Western interests in world areas not covered
            by the system of Western Alliances; and
              (G) a description of what additional actions the
            executive branch plans to take should the efforts by
            the United States referred to in clauses (B) and (E)
            fail, and, in those instances where such additional
            actions do not include consideration of the
            repositioning of American troops, a detailed
            explanation as to why such repositioning is not being
            so considered.
        (2) The Secretary of Defense shall also submit to the
    Congress not more than 30 days after the submission of the
    report required under paragraph (1) an unclassified report
    containing the matters set forth in clauses (A) through (G) of
    such paragraph.

         limitation on number of military personnel stationed in europe

        Sec. 1103. (a) Except as provided in subsections (b) and
    (c), none of the funds authorized to be appropriated by this or
    any other Act may be used for the purpose of supporting an end-
    strength level, as of September 30, 1984, of members of the
    Armed Forces of the United States assigned to permanent duty
    ashore in European member nations of the North Atlantic Treaty
    Organization (NATO) at any level in excess of 315,600.
        (b) A number of United States military personnel in excess
    of 315,600, but not in excess of 320,000, may be permanently
    assigned to duty ashore in such European nations as of
    September 30, 1984, if--
              (1) the Secretary of Defense determines and certifies
            to the Congress in writing that on September 30, 1984,
            the total number of military personnel of NATO member
            nations, other than the United States, stationed in the
            Federal Republic of Germany will not be less than the
            total number of military personnel of such member
            nations stationed in that country on the date of the
            enactment of this Act;
              (2) the Secretary of Defense certifies to the
            Congress in writing on or after June 1, 1984, that the
            budget for the Department of Defense for fiscal year
            1985 and the Five-Year Defense Plan of the Department
            of Defense for fiscal years 1985 through 1989 give
            significant priority to programs directly intended to
            improve NATO's conventional capabilities, particularly
            its capability for deep interdiction;
              (3) the Department of Defense has conducted a
            thorough and detailed analysis of the United States
            force and support structure in Europe which the
            Secretary of Defense submits to Congress on or after
            June 1, 1984, with his certification in writing that a
            number of United States military personnel in excess of
            315,600 is required to meet the United States
            commitment to NATO; and
              (4) the studies required by sections 1104 through
            1107 have been conducted and the reports and
            recommendations resulting from such studies have been
            submitted to the Congress.
        (c) A number of United States military personnel in excess
    of 315,600 or in excess of 320,000 may be assigned to permanent
    duty ashore in European member nations of NATO as of September
    30, 1984, without the conditions specified in subsection (b)
    having been met if the President (1) determines and certifies
    to the Congress in writing that overriding national security
    interests require a number of such personnel to be assigned to
    permanent duty ashore in such nations in excess of 315,600 or
    320,000, as the case may be, and (2) includes in the
    certification the total number of such personnel required and
    an explanation of the overriding national security interests
    that require such number of personnel.
        (d) In computing the limitation specified in subsections
    (a) and (b), there may be excluded not more than 2,600 military
    personnel assigned to the Ground Launched Cruise Missile
    program and the Pershing II Missile program.

              report on improvement of conventional forces of nato

        Sec. 1104. (a) At the same time the President submits the
    budget for fiscal year 1985 pursuant to section 1105 of title
    31, United States Code, but not later than May 1, 1984, the
    Secretary of Defense shall submit to the Committees on Armed
    Services of the Senate and House of Representatives \2\ a
    comprehensive report and plan for improving conventional
    defense capabilities of the North Atlantic Treaty Organization
    (NATO). The Secretary shall include in such report--
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) his recommendations on how NATO's strategy and
            military program could and should be changed to improve
            substantially the chances of a successful conventional
            defense of Europe;
              (2) a statement and explanation of what the aggregate
            NATO conventional defense requirements are;
              (3) a current assessment and statement of the status
            of the Air-Land Battle concept within the Department of
            Defense and NATO;
              (4) an explanation of how and to what extent the
            various doctrines of NATO military forces are
            coordinated, and how variations in doctrine can be
            rectified or exploited to NATO's advantage;
              (5) his judgment on the most effective means by which
            NATO military forces can be operationally integrated to
            implement the Air-Land Battle concept;
              (6) the United States programs which are necessary to
            support improved NATO conventional capabilities, the
            changes which are needed, and what the fiscal year 1985
            budget and Five-Year Defense Plan of the Department of
            Defense for fiscal years 1985 through 1989 provide for
            with respect to NATO conventional capabilities;
              (7) the United States conventional programs and
            weapons that are provided for in the fiscal year 1985
            budget and Five-Year Defense Plan of the Department of
            Defense for fiscal years 1985 through 1989 to enhance
            the disruption and destruction of Soviet follow-on
            echelons as well as fixed-site military targets;
              (8) the new weapons or systems which are available
            for such purpose that are not in the current budget or
            Five-Year Defense Plan of the Department of Defense;
              (9) a determination of what are the achievable NATO-
            wide improvements in conventional defense capability;
            and
              (10) a separate addendum and assessment by the
            Supreme Allied Commander, Europe, on measures necessary
            to improve NATO conventional defense capabilities
            including a recommended plan for such measures.
        (b) The President shall submit to the Congress not later
    than June 1, 1984, his recommendations and plan for improving
    NATO conventional defense capabilities.

                     report on the nuclear posture of nato

        Sec. 1105. (a) The Secretary of Defense shall conduct a
    study on the tactical nuclear posture of the North Atlantic
    Treaty Organization (NATO) and submit a report on the results
    of such study to the Committees on Armed Services of the Senate
    and the House of Representatives \3\ not later than May 1,
    1984. Such study shall include--
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. The Committee on
    National Security subsequently returned to the name ``Committee on
    Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
    ---------------------------------------------------------------------------
              (1) a detailed assessment of the current tactical
            nuclear balance in Europe and that projected for 1990;
              (2) an assessment of the current, respective
            operational doctrines for the use of tactical nuclear
            weapons in Europe of the Warsaw Pact and NATO;
              (3) an explanation of how the threat of the use of
            such weapons relates to deterrence and to conventional
            defense;
              (4) an identification of the number and types of
            nuclear warheads, if any, considered to be inessential
            to the defense structure of Western Europe, the
            quantity and type of such weapons that could be
            eliminated from Europe under appropriate circumstances
            without jeopardizing the security of NATO nations and
            an assessment of what such circumstances might be;
              (5) an explanation of the steps that can be taken to
            develop a rational and coordinated nuclear posture by
            NATO in a manner that is consistent with proper
            emphasis on conventional defense forces; and
              (6) an identification of any notable, relevant
            developments that have occurred since the submission to
            the Congress in April 1975 of the report entitled ``The
            Theater Nuclear Force Posture in Europe'', prepared by
            the Secretary of Defense pursuant to section 302 of the
            Department of Defense Appropriation Authorization Act,
            1975 (Public Law 93-365), which might cause the
            findings and conclusions of that report to require
            revision and such revisions in such report as the
            Secretary considers appropriate.
        (b) The President shall submit a written report to the
    Congress on or before June 1, 1984, containing his views on the
    Department of Defense study and report required under
    subsection (a) together with such recommendations with respect
    to such study and report as he considers appropriate.

    report on combat-to-support ratio of united states forces in europe in
                                support of nato

        Sec. 1106. (a) The Secretary of Defense shall submit a
    report to the Committees on Armed Services of the Senate and
    House of Representatives \3\ not later than May 1, 1984, on the
    combat, combat support, combat service support, and noncombat
    components of the Armed Forces of the United States assigned to
    permanent duty in Europe in support of the North Atlantic
    Treaty Organization (NATO). The Secretary shall include in such
    report--
              (1) an analysis of the historical (since 1974),
            current, and projected combat, combat support, combat
            service support, and noncombat components of the Armed
            Forces of the United States assigned to permanent duty
            in Europe in support of NATO and their relationship to
            each other;
              (2) a review of the requirements for such combat,
            combat support, combat service support, and noncombat
            components; and
              (3) his assessment of the current balance among units
            of United States combat components, combat support
            components, and combat service support components
            forward deployed in Europe and his recommendations for
            any changes needed to improve that balance in the
            future.
        (b) For the purposes of the report required by subsection
    (a)--
              (1) the combat component of the Army includes only
            the infantry, cavalry, artillery, armored, combat
            engineers, special forces, attack assault helicopter
            units, air defense, and missile combat units of
            battalion or smaller size;
              (2) the combat component of the Navy includes only
            the combatant ships (aircraft carrier, battleship,
            cruiser, destroyer, frigate, submarine, and amphibious
            assault ships) and combat aircraft wings (fighter,
            attack, reconnaissance, and patrol); and
              (3) the combat component of the Air Force includes
            only the tactical fighter, reconnaissance, tactical
            airlift, fighter interceptor, and bomber units of wing
            or smaller size.

            report on united states expenditures in support of nato

        Sec. 1107. (a) The Secretary of Defense shall review and
    analyze the fiscal year 1983 expenditures of the Department of
    Defense in fulfilling the United States commitment to the North
    Atlantic Treaty Organization (NATO) and the expenditures
    projected for such purpose for each of the fiscal years 1984
    through 1989.
        (b)(1) The Secretary of Defense shall submit a detailed
    written report to the Congress not later than June 1, 1984, on
    the review and analysis required under subsection (a). The
    Secretary shall set out in such report, in current and constant
    fiscal year 1983 dollar figures, the expenditures made in
    fiscal year 1983 and expenditures projected to be made in
    fiscal years 1984 through 1989 by the United States in
    fulfilling its commitment to NATO in each of the following
    categories:
              (A) Procurement.
              (B) Operations and maintenance.
              (C) Military construction.
              (D) Military personnel.
              (E) Research, development, test, and evaluation.
        (2) The Secretary of Defense shall also include in such
    report a separate breakout of the fiscal year 1983 Department
    of Defense expenditures in each of the categories specified in
    paragraph (1) for the Armed Forces of the United States
    assigned to permanent duty ashore in the European member
    nations of NATO and the expenditures projected to be incurred
    by the Department of Defense in each of those categories in
    each of the fiscal years 1984 through 1989 for personnel of the
    Armed Forces of the United States planned to be assigned to
    permanent duty ashore in such nations during each of those
    fiscal years. The Secretary of Defense shall also include in
    such report similar separate breakouts for all classes of
    United States forces reflected in the data submitted to the
    Committee on Armed Services of the Senate and printed in part
    1, pages 61-68, of that Committee's hearings on Department of
    Defense Authorization For Appropriations For Fiscal Year 1982.
        (3) The Secretary of Defense shall also include in such
    report the estimated percentage growth in each of the five
    categories specified in paragraph (1) of subsection (b), after
    allowing for inflation, from one year to the next for the
    fiscal years 1983 through 1989. In the case of each category of
    expenditures for which the annual projected rate of expenditure
    growth after fiscal year 1983 exceeds 3 percent, after allowing
    for inflation over the previous fiscal year, the Secretary
    shall include his assessment of the impact on NATO of limiting
    the growth of expenditures in that category to 3 percent real
    growth.

                         TITLE XII--GENERAL PROVISIONS

              * * * * * * *

              policy governing the test of anti-satellite warheads

        Sec. 1235.\4\ (a) Notwithstanding any other provision of
    law, none of the funds appropriated pursuant to an
    authorization contained in this or any other Act may be
    obligated or expended to test against an object in space the
    miniature homing vehicle (MHV) anti-satellite warhead launched
    from an F-15 aircraft unless the President determines and
    certifies to Congress--
    ---------------------------------------------------------------------------
        \4\ Sec. 205 of the DOD Authorization Act, 1985 (Public Law 98-525;
    98 Stat. 2492 at 2509) amended and restated sec. 1235. It formerly read
    as follows:
    ---------------------------------------------------------------------------

    ``establishing criteria governing the test of antisatellite warheads
    ---------------------------------------------------------------------------

        ``Sec. 1235. Notwithstanding any other provision of law, none of
    the funds appropriated pursuant to an authorization contained in this
    or any other Act may be obligated or expended to test any explosive or
    insert antisatellite warheads against objects in space unless the
    President determines and certifies to the Congress--
        ``(1) that the United States is endeavoring, in good faith, to
    negotiate with the Soviet Union a mutual and verifiable ban on
    antisatellite weapons; and
        ``(2) that, pending agreement on such a ban, testing of explosive
    or inert antisatellite warheads against objects in space by the United
    States is necessary to avert clear and irrevocable harm to the national
    security.''.
    ---------------------------------------------------------------------------
              (1) that the United States is endeavoring, in good
            faith, to negotiate with the Soviet Union a mutual and
            verifiable agreement with the strictest possible
            limitations on anti-satellite weapons consistent with
            the national security interests of the United States;
              (2) that, pending agreement on such strict
            limitations, testing against objects in space of the F-
            15 launched miniature homing vehicle anti-satellite
            warhead by the United States is necessary to avert
            clear and irrevocable harm to the national security.
              (3) that such testing would not constitute an
            irreversible step that would gravely impair prospects
            for negotiations on anti-satellite weapons; and
              (4) that such testing is fully consistent with the
            rights and obligations of the United States under the
            Anti-Ballistic Missile Treaty of 1972 as those rights
            and obligations exist at the time of such testing.
        (b) During fiscal year 1985, funds appropriated for the
    purpose of testing the F-15 launched miniature homing vehicle
    anti-satellite warheads may not be used to conduct more than
    two successful tests of that warhead against objects in space.
        (c) The limitations on the expenditure of funds provided by
    this section shall cease to apply 15 calendar days after the
    date of the receipt by Congress of the certification referred
    to in subsection (a).
              * * * * * * *

     limitation on waivers of cost-recovery requirements under arms export
                                  control act

        Sec. 1237.\5\ The authority of the President under section
    21(e)(2) of the Arms Export Control Act may be exercised
    without regard to the limitation imposed by section 770 of the
    Department of Defense Appropriation Act, 1983 (as contained in
    Public Law 97-377; 96 Stat. 1862).
    ---------------------------------------------------------------------------
        \5\ Although secs. 1237 and 1238 lifted these restrictions
    concerning certain provisions of the Arms Export Control Act as they
    applied during fiscal year 1983, similar restrictions were reenacted as
    secs. 743A and 762A of the Department of Defense Appropriation Act,
    1984.
    ---------------------------------------------------------------------------

             waiver of limitation on foreign military sales program

        Sec. 1238.\5\ The Arms Export Control Act shall be
    administered as if section 747 of the Department of Defense
    Appropriation Act, 1983 (as contained in Public Law 97-377; 96
    Stat. 1858) had not been enacted into law.
              * * * * * * *
               gg. Department of Defense Authorization Act, 1983

      Partial text of Public Law 97-252 [S. 2248], 96 Stat. 718, approved
                               September 8, 1982

     AN ACT To authorize appropriations for fiscal year 1983 for the Armed
         Forces for procurement, for research, development, test, and
     evaluation, and for operation and maintenance, to prescribe personnel
     strengths for such fiscal year for the Armed Forces and for civilian
    employees of the Department of Defense, to authorize appropriations for
         such fiscal year for civil defense, to authorize supplemental
          appropriations for fiscal year 1982, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Department of Defense Authorization
    Act, 1983''.

              * * * * * * *

                          TITLE XI--GENERAL PROVISIONS

              * * * * * * *

                      nato defense industrial cooperation

        Sec. 1122.\1\ (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
              (1) the United States remains firmly committed to
            cooperating closely with its North Atlantic Treaty
            Organization (hereinafter in this section referred to
            as ``NATO'') allies in protecting liberty and
            maintaining world peace;
              (2) the financial burden of providing for the defense
            of Western Europe and for the protection of the
            interests of NATO member countries in areas outside the
            NATO treaty area has reached such proportions that new
            cooperative approaches among the United States and its
            NATO allies are required to achieve and maintain an
            adequate collective defense at acceptable costs;
              (3) the need for a credible conventional deterrent in
            Western Europe has long been recognized in theory but
            has never been fully addressed in practice;
              (4) a more equitable sharing by NATO member countries
            of both the burdens and the technological and economic
            benefits of the common defense would do much to
            reinvigorate the North Atlantic Treaty Organization
            alliance with a restored sense of unity and common
            purposes;
              (5) a decision to coordinate more effectively the
            enormous technological, industrial, and economic
            resources of NATO member countries will not only
            increase the efficiency and effectiveness of NATO
            military expenditures but also provide inducement for
            the Soviet Union to enter into a meaningful arms
            reduction agreement so that both Warsaw Pact countries
            and NATO member countries can devote more of their
            energies and resources to peaceful and economically
            more beneficial pursuits.
        (b) It is the sense of the Congress that the President
    should propose to the heads of government of the NATO member
    countries that the NATO allies of the United States join the
    United States in agreeing--
              (1) to coordinate more effectively their defense
            efforts and resources to create, at acceptable costs, a
            credible, collective, conventional force for the
            defense of the North Atlantic Treaty area;
              (2) to establish a cooperative defense-industrial
            effort within Western Europe and between Western Europe
            and North America that would increase the efficiency
            and effectiveness of NATO expenditures by providing a
            larger production base while eliminating unnecessary
            duplication of defense-industrial efforts;
              (3) to share more equitably and efficiently the
            financial burdens, as well as the economic benefits
            (including jobs, technology, and trade) of NATO
            defense; and
              (4) to intensify consultations promptly for the early
            achievement of the objectives described in clauses (1)
            through (3).

              study of improved control of use of nuclear weapons

        Sec. 1123. (a) The Secretary of Defense shall conduct a
    full and complete study and evaluation of possible initiatives
    for improving the containment and control of the use of nuclear
    weapons, particularly during crises. Such study and evaluation
    shall include consideration of the following:
              (1) Establishment of a multi-national military crisis
            control center for monitoring and containing the use or
            potential use of nuclear weapons by third parties or
            terrorist groups.
              (2) Development of a forum through which the United
            States and the Soviet Union could exchange information
            pertaining to nuclear weapons that could potentially be
            used by third parties or terrorist groups.
              (3) Development of measures for building confidence
            between the United States and the Soviet Union for
            improved crisis stability and arms control, including--
                      (A) an improved United States/Soviet Union
                    communications hotline for crisis control;
                      (B) improved procedures for verification of
                    any arms control agreements;
                      (C) measures to reduce the vulnerability of
                    command, control, and communications of both
                    nations; and
                      (D) measures to lengthen the warning time
                    each nation would have of potential nuclear
                    attack.
        (b) The Secretary of Defense shall submit a report of the
    study and evaluation under subsection (a) to the Committees on
    Armed Services and Foreign Relations of the Senate and the
    Committees on Armed Services and Foreign Affairs of the House
    of Representatives by February 1, 1983.\2\ Such report should
    be available in both a classified, if necessary, and
    unclassified format.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
        (c) The President shall report to the Committees on Armed
    Services and Foreign Relations of the Senate and the Committees
    on Armed Services and Foreign Affairs of the House of
    Representatives by March 1, 1983,\2\ on the merits to the arms
    control process of the initiatives developed under the study
    and evaluation required by subsection (a) and on the status of
    any such initiative as it may relate to any arms control
    negotiation with the Soviet Union.

                  negotiations for banning of chemical weapons

        Sec. 1124. It is the sense of Congress that the President
    should--
              (1) continue to promote actively negotiations among
            the member countries of the Ad Hoc Working Group on
            Chemical Warfare of the Committee on Disarmament
            established by the United Nations General Assembly and
            meeting in Geneva, Switzerland for the purpose of
            drafting a treaty for the complete, effective, and
            verifiable prohibition of the development, production,
            and stockpiling of all chemical weapons and for their
            destruction;
              (2) press vigorously in every appropriate forum for a
            full explanation of outstanding allegations concerning
            Soviet and Soviet-proxy use of chemical weapons in
            violation of international law; and
              (3) communicate to the Government of the Union of
            Soviet Socialist Republics the earnest desire of the
            Government of the United States for a comprehensive,
            verifiable ban on chemical weaponry and the willingness
            of the Government of the United States to participate
            in negotiations toward this end as soon as the
            Government of the United States can be satisfied that
            the Soviet Union is not in violation of existing
            international accords applying to the prohibition of
            first use of chemical weapons and the production and
            transfer of biological weapons and that the Soviet
            Union is prepared to agree to provisions needed to
            ensure the verifiability of an accord banning chemical
            warfare.
              * * * * * * *
        hh. Department of Defense Appropriation Authorization Act, 1979

      Partial text of Public Law 95-485 [S. 3486], 92 Stat. 1611 at 1625,
                           approved October 20, 1978

    AN ACT To authorize appropriations for fiscal year 1979 for procurement
        of aircraft, missiles, naval vessels, tracked combat vehicles,
     torpedoes, and other weapons and for research, development, test and
    evaluation for the Armed Forces, to prescribe the authorized personnel
      strength for each active duty component and the Selected Reserve of
     each Reserve component of the Armed Forces and for civilian personnel
       of the Department of Defense, to authorize the military training
     student loads, to authorize appropriations for civil defense, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Department of Defense Appropriation
    Authorization Act, 1979''.
              * * * * * * *

                         TITLE VIII--GENERAL PROVISIONS

              * * * * * * *

            realignment of military installations in the canal zone

        Sec. 817. None of the funds authorized to be appropriated
    by this Act shall be used for the realignment of any military
    installation in the Canal Zone unless such use is consistent
    with the responsibility of, and necessity for, the United
    States to defend the Panama Canal or with legislation which may
    be enacted to implement the Panama Canal Treaties of 1977.
              * * * * * * *
        ii. Department of Defense Appropriation Authorization Act, 1975

    Partial text of Public Law 93-365 [H.R. 14592], 88 Stat. 399, approved
    August 5, 1974; as amended by Public Law 94-106 [Department of Defense
       Appropriation Authorization Act, 1976; H.R. 6674], 89 Stat. 531,
      approved October 7, 1975; Public Law 97-252 [Department of Defense
       Authorization Act, 1983; S. 2248], 96 Stat. 718 at 754, approved
      September 8, 1982; and by Public Law 103-199 [FRIENDSHIP Act; H.R.
               3000], 107 Stat. 2317, approved December 17, 1993

      AN ACT To authorize appropriations during the fiscal year 1975 for
       procurement of aircraft, missiles, naval vessels, tracked combat
    vehicles, torpedoes, and other weapons, and research, development, test
     and evaluation for the Armed Forces, and to prescribe the authorized
     personnel strength for each active duty component and of the Selected
     Reserve of each Reserve component of the Armed Forces and of civilian
     personnel of the Department of Defense, and to authorize the military
                 training student loads and for other purposes.

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

                            TITLE III--ACTIVE FORCES

              * * * * * * *
        Sec. 302. (a) The United States military forces in Europe
    can reduce headquarters and noncombat military personnel
    relative to the number of combat personnel located in Europe.
    Therefore, except in the event of imminent hostilities in
    Europe, the noncombat component of the total United States
    military strength in Europe authorized as of June 30, 1974,
    shall be reduced by 18,000. Such reduction shall be completed
    not later than June 30, 1976, and not less than 6,000 of such
    reduction shall be completed on or before June 30, 1975;
    however, the Secretary of Defense is authorized to increase the
    combat component strength of United States forces in Europe by
    the amount of any such reduction made in noncombat personnel.
    The Secretary of Defense shall report semiannually to the
    Congress on all actions taken to improve the combat proportion
    of United States forces in Europe. The first report shall be
    submitted not later than March 31, 1975.
        (b) For purposes of this section, the combat component of
    the Army includes only the infantry, cavalry, artillery,
    armored, combat engineers, special forces, attack assault
    helicopter units, air defense, and missile combat units of
    battalion or smaller size; the combat component of the Navy
    includes only the combat ships (aircraft carrier, cruiser,
    destroyer, submarine, escort and amphibious assault ships) and
    combat aircraft wings (fighter, attack, reconnaissance, and
    patrol); the combat component of the Air Force includes only
    the tactical fighter reconnaissance, tactical airlift, fighter
    interceptor and bomber units of wing or smaller size.
        (c) \1\ * * * [Repealed--1982]
    ---------------------------------------------------------------------------
        \1\ Subsec. (c), which had directed the Secretary of Defense to
    assess the costs and possible loss of nonnuclear combat effectiveness
    of NATO military forces due to failure to follow NATO standardization
    guidelines, was repealed by Public Law 97-295 (96 Stat. 1314). Public
    Law 97-295 reconstituted most of the text of subsec. (c) in 10 U.S.C.
    2457.
    ---------------------------------------------------------------------------
        (d) The total number of United States tactical nuclear
    warheads located in Europe on the date of enactment of this Act
    shall not be increased until after June 30, 1975, except in the
    event of imminent hostilities in Europe. The Secretary of
    Defense shall study the overall concept for use of tactical
    nuclear weapons in Europe; how the use of such weapons relates
    to deterrence and to a strong conventional defense; reductions
    in the number and type of nuclear warheads which are not
    essential for the defense structure for Western Europe; and the
    steps that can be taken to develop a rational and coordinated
    nuclear posture by the North Atlantic Treaty Organization
    Alliance that is consistent with proper emphasis on
    conventional defense forces. The Secretary of Defense shall
    report to the Committees on Armed Services and Foreign
    Relations of the Senate and the Committees on Armed Services
    and Foreign Affairs of the House of Representatives \2\ on the
    results of the above study on or before April 1, 1975.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    The Committee on National Security subsequently returned to the name
    ``Committee on Armed Services''; see sec. 1067 of Public Law 106-65
    (113 Stat. 774).
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE VII--GENERAL PROVISIONS \3\

              * * * * * * *
        Sec. 704. Section 204 of Public Law 93-166 is amended by
    adding at the end thereof a new subsection as follows:
    ---------------------------------------------------------------------------
        \3\ Sec. 702 amended Public Law 84-1028 (Restrictions on Disposal
    of Naval Vessels; 70A Stat. 1).
    ---------------------------------------------------------------------------
        ``(e) Notwithstanding any other provision of law, the
    conduct by the Department of the Navy of training operations at
    the Culebra complex involving the firing of any shells,
    missiles, or other projectiles from ships or the dropping of
    any bombs, strafing, firing of rockets or missiles, or the
    launching of any other projectiles from aircraft at Culebra or
    at any keys within three nautical miles thereof is prohibited
    during any period of time that the negotiations required by
    subsection (b) have been ended on the initiative of the United
    States Government prior to the conclusion of a satisfactory
    agreement. In the conduct of the negotiations required by
    subsection (b) the Secretary of the Navy shall not agree to any
    relocation of training operations from the Island of Culebra
    which would be rendered ineffective by any international
    agreement on the law of the sea which may become international
    law within three years after the date of the enactment of this
    Act.''
              * * * * * * *
        Sec. 707. (a) No funds authorized to be appropriated by
    this or any other Act may be obligated under a contract entered
    into by the Department of Defense after the date of the
    enactment of this Act for procurement of goods which are other
    than American goods unless, under regulations of the Secretary
    of Defense and subject to the determinations and exceptions
    contained in title III of the Act of March 3, 1933, as amended
    (47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy
    American Act, there is adequate consideration given to--
              (1) the bids or proposals of firms located in labor
            surplus areas in the United States as designated by the
            Department of Labor which have offered to furnish
            American goods;
              (2) the bids or proposals of small business firms in
            the United States which have offered to furnish
            American goods;
              (3) the bids or proposals of all other firms in the
            United States which have offered to furnish American
            goods;
              (4) the United States balance of payments;
              (5) the cost of shipping goods which are other than
            American goods; and
              (6) any duty, tariff, or surcharge which may enter
            into the cost of using goods which are other than
            American goods.
        (b) For purposes of this section, the term ``goods which
    are other than American goods'' means (1) an end product which
    has not been mined, produced, or manufactured in the United
    States, or (2) an end product manufactured in the United States
    but the cost of the components thereof which are not mined,
    produced, or manufactured in the United States exceeds the cost
    of components mined, produced, or manufactured in the United
    States.
              * * * * * * *
        Sec. 709.\4\ * * * [Repealed--1993]
    ---------------------------------------------------------------------------
        \4\ Formerly at 50 U.S.C. 2403-1. Sec. 709, relating to technology
    transfer to a controlled country, was repealed by sec. 202(b) of the
    FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322).
    ---------------------------------------------------------------------------
              * * * * * * *
               jj. Armed Forces Appropriation Authorization, 1971

    Partial text of Public Law 91-441 [H.R. 17123], 84 Stat. 909, approved
    October 7, 1970, as amended by Public Law 95-79 [Department of Defense
    Appropriation Authorization Act, 1978; H.R. 5970], 91 Stat. 323 at 334,
                             approved July 30, 1977

      AN ACT To authorize appropriations during the fiscal year 1971 for
     procurement of aircraft, missiles, naval vessels, and tracked combat
       vehicles, and other weapons, and research, development, test, and
         evaluation for the Armed Forces, and to authorize real estate
      acquisition and construction at certain installations in connection
     with the Safeguard antiballistic missile system, and to prescribe the
     authorized personnel strength of the Selected Reserve of each Reserve
             component of the Armed Forces, and for other purposes.

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

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

        Sec. 501. The Congress views with grave concern the
    deepening involvement of the Soviet Union in the Middle East
    and the clear and present danger to world peace resulting from
    such involvement which cannot be ignored by the United States.
    In order to restore and maintain the military balance in the
    Middle East, by furnishing to Israel for means of providing for
    its own security, the President is authorized to transfer to
    Israel, by sale, credit sale, or guaranty, such aircraft, and
    equipment appropriate to use, maintain, and protect such
    aircraft, as may be necessary to counteract any past, present,
    or future increased military assistance provided to other
    countries of the Middle East. Any such sale, credit sale, or
    guaranty shall be made on terms and conditions not less
    favorable than those extended to other countries which receive
    the same or similar types of aircraft and equipment. The
    authority contained in the second sentence of this section
    shall expire September 30, 1972.\1\ In any case in which
    aircraft or other equipment is transferred under authority of
    this section and such aircraft or equipment is taken from the
    inventory of the Armed Forces of the United States or is
    scheduled to be included in such inventory, the Secretary of
    Defense shall, as soon as practicable and as authorized
    ---------------------------------------------------------------------------
        \1\ Sec. 807 of Public Law 95-79 (Department of Defense
    Appropriation Authorization Act, 1978; 91 Stat. 323 at 334) provided
    the following extension:
        ``Notwithstanding any other provision of law, the authority
    provided in section 501 of Public Law 91-441 (84 Stat. 909) is hereby
    extended until October 1, 1979; but no transfer of aircraft or other
    equipment may be made under the authority of such section 501 unless
    funds have been previously appropriated for such transfer.''.
    ---------------------------------------------------------------------------
    by law, restock the inventory of the Armed Forces of the United
    States with equivalent quantities of aircraft and other
    equipment so transferred.\2\
    ---------------------------------------------------------------------------
        \2\ The last sentence in sec. 501 was added by sec. 807(b) of the
    Department of Defense Appropriation Authorization Act, 1978 (Public Law
    95-79; 91 Stat. 334).
    ---------------------------------------------------------------------------
              * * * * * * *
    kk. Authorization for an Improved U.S./Soviet Direct Communication Link

      Public Law 99-85 [S.J. Res. 108], 99 Stat. 286, approved August 8,
     1985; amended by Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107
                     Stat. 2317, approved December 17, 1993

    JOINT RESOLUTION \1\ Authorizing the Secretary of Defense to provide to
       the Soviet Union, on a reimbursable basis, equipment and services
      necessary for an improved United States/Soviet Direct Communication
                            Link for crisis control.

    Whereas section 1123(a) of the Department of Defense
        Authorization Act, 1983 (Public Law 97-252), directed the
        Secretary of Defense ``to conduct a full and complete study
        and evaluation of possible initiatives for improving the
        containment and control of the use of nuclear weapons,
        particularly during crises;
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
    Whereas the Congress directed that the same study should
        address several specific measures for building confidence
        between the United States and the Soviet Union, including
        an improved Direct Communications Link for crisis control;
    Whereas the Secretary of Defense responded to that
        congressional mandate with a report entitled ``Report to
        the Congress on Direct Communications Links and Other
        Measures to Enhance Stability'' in which the Secretary
        proposed several improvements to existing United States-
        Soviet mechanisms for the prevention and resolution of
        crises, including the addition of a facsimile capability to
        the United States/Soviet Union Direct Communications Link;
    Whereas the President of the United States presented the
        recommendations of the Secretary of Defense to the
        Government of the Soviet Union in May 1983;
    Whereas the United States and the Soviet Union commenced
        negotiations on bilateral communications improvements in
        August 1983, and on July 17, 1984, concluded the Exchange
        of Notes Between the United States of America and the Union
        of Soviet Socialist Republics Concerning the Direct
        Communications Link Upgrade in which the two governments
        agreed to add a facsimile capability to the Direct
        Communications Link;
    Whereas the Congress endorses that agreement and remains
        committed to all possible measures to facilitate the
        resolution of international crises and to limit the danger
        of conflict;
    Whereas the Secretary of Defense is responsible for the
        installation, maintenance, and operation of the Direct
        Communications Link equipment for the United States; and
    Whereas the Exchange of Notes Between the United States of
        America and the Union of Soviet Socialist Republics
        Concerning the Direct Communications Link Upgrade provides
        that the United States Government will provide to the Union
        of Soviet Socialist Republics, at cost, the equipment and
        services necessary for the Soviet Union part of the
        improved Direct Communications Link: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Secretary of Defense may provide to Russia,\2\ as provided in
    the Exchange of Notes Between the United States of America and
    the Union of Soviet Socialist Republics Concerning the Direct
    Communications Link Upgrade, concluded on July 17, 1984, such
    equipment and services as may be necessary to upgrade or
    maintain the Russian part \3\ of the Direct Communications Link
    agreed to in the Memorandum of Understanding between the United
    States and the Soviet Union signed June 20, 1963. The Secretary
    shall provide such equipment and services to Russia \2\ at the
    cost thereof to the United States.
    ---------------------------------------------------------------------------
        \2\ Sec. 404(a)(1)(A) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2325) struck out ``to the Soviet Union'' and inserted in lieu
    thereof ``to Russia''.
        \3\ Sec. 404(a)(1)(B) of the FRIENDSHIP Act (Public Law 103-199;
    107 Stat. 2325) struck out ``Soviet Union part'' and inserted in lieu
    thereof ``Russian part''.
    ---------------------------------------------------------------------------
        Sec. 2. (a) The Secretary of Defense may use any funds
    available to the Department of Defense for the procurement of
    the equipment and providing the services referred to in the
    first section.
        (b) Funds received from Russia \4\ as payment for such
    equipment and services shall be credited to the appropriate
    account of Department of Defense.
    ---------------------------------------------------------------------------
        \4\ Sec. 404(a)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2325) struck out ``the Soviet Union'' and inserted in lieu
    thereof ``Russia''. Sec. 404(b) of that Act, however, provided that
    ``The amendment made by subsection (a)(2) does not affect the
    applicability of section 2(b) of that joint resolution to funds
    received from the Soviet Union.''.
        4. 10 U.S.C. 7307--Disposal to Foreign Nations of Naval Vessels

                          Chapter 633.--NAVAL VESSELS

              * * * * * * *

    Sec. Sec. 7307.\1\ Disposals to foreign nations

        (a) Larger or Newer Vessels.--A naval vessel that is in
    excess of 3,000 tons or that is less than 20 years of age may
    not be disposed of to another nation (whether by sale, lease,
    grant, loan, barter, transfer, or otherwise) unless the
    disposition of that vessel is approved by law enacted after
    August 5, 1974. A lease or loan of such a vessel under such a
    law may be made only in accordance with the provisions of
    chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et
    seq.) or chapter 2 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2311 et seq.).
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 7307 was originally enacted in Public Law 84-1028
    (70A Stat. 1; August 10, 1956), and in its earlier form was amended by
    Public Law 93-365 (88 Stat. 399); Public Law 94-457 (90 Stat. 1938);
    Public Law 96-513 (94 Stat. 2835); Public Law 99-83 (99 Stat. 190); and
    by Public Law 101-510 (104 Stat. 1704).
        Sec. 824(b) of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160; 107 Stat. 1708) amended and restated 10
    U.S.C. 7307.
        For recent authorizations of transfers of naval vessels, see:
    ---------------------------------------------------------------------------

      --Sec. 1025 of the National Defense Authorization Act for Fiscal Year
    1998 (Public Law 105-85; 111 Stat. 1877);

      --Sec. 1235 of the Strom Thurmond National Defense Authorization Act for
    Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2157);

      --Sec. 8110 of the Department of Defense Appropriations Act, 1999 (Public
    Law 105-262; 112 Stat. 2323);

      --Sec. 1018 of the National Defense Authorization Act for Fiscal Year
    2000 (Public Law 106-65; 113 Stat. 744);

      --Title XII of the Security Assistance Act of 1999 (Public Law 106-113;
    113 Stat. 1537-501);

      --Title VI of the Security Assistance Act of 2000 (Public Law 106-280;
    114 Stat. 859);

      --Title XVII of the Security Assistance Act of 2002 (Public Law 107-228;
    116 Stat. 1463);

      --Sec. 1013 of the Ronald W. Reagan National Defense Authorization Act
    for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2040); and

      --Naval Vessels Transfer Act of 2005 (Public Law 109-134; 119 Stat. 2575;
    approved December 20, 2005).

        (b) Other Vessels.--(1) A naval vessel not subject to
    subsection (a) may be disposed of to another nation (whether by
    sale, lease, grant, loan, barter, transfer, or otherwise) in
    accordance with applicable provisions of law, but only after--
              (A) the Secretary of the Navy notifies the Committee
            on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives \2\ in
            writing of the proposed disposition; and
    ---------------------------------------------------------------------------
        \2\ Sec. 1502(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out
    ``Committees on Armed Services of the Senate and House of
    Representatives'' and inserted in lieu thereof ``Committee on Armed
    Services of the Senate and the Committee on National Security of the
    House of Representatives''. Sec. 1067(1) of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    774) subsequently struck out ``Committee on National Security'' and
    inserted in lieu thereof ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (B) 30 days of continuous session of Congress have
            expired following the date on which such notice is sent
            to those committees.
        (2) For purposes of paragraph (1)(B), the continuity of a
    session of Congress is broken only by an adjournment of the
    Congress sine die, and the days on which either House is not in
    session because of an adjournment of more than 3 days to a day
    certain are excluded in the computation of such 30-day period.

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

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

                                                  Executed Public Laws Relating to the Transfer of Naval Vessels

                               a. Netherlands--P.L. 82-510 [S. 3337], 66 Stat. 587, approved July 11, 1952.
                               b. Italy and France; Far Eastern and European Nations--P.L. 83-188 [S. 2277], 67 Stat. 363, approved
                              Aug. 5, 1953, as amended by P.L. 84-948 [H.R. 11613], 70 Stat. 967, approved Aug. 3, 1956.
                               c. Turkey--P.L. 83-214 [S. 2539], 67 Stat. 471, approved Aug. 7, 1953.
                               d. Brazil--P.L. 84-484 [H.R. 8100], 70 Stat. 105, approved Apr. 6, 1956.
                               e. Netherlands and Venezuela--P.L. 85-220 [H.R. 6952], 71 Stat. 495, approved Aug. 29, 1957.
                               f. NATO and the European Area; the Latin American and Far Eastern Areas--P.L. 85-532 [S. 3506], 72
                              Stat. 376; 50 U.S.C. App. 1878e-1878i, approved July 18, 1958.
                               g. Italy, Turkey, and the Republic of China--P.L. 86-57 [H.R. 3366], 73 Stat. 90; 50 U.S.C. App.
                              1878j-1878l, approved June 23, 1959.
                               h. Republic of China--P.L. 86-482 [H.R. 9465], 74 Stat. 153; 50 U.S.C. App. 1878m-1878p, approved
                              June 1, 1960.
                               i. Portugal, Spain, NATO, Southern Asia, and the Far Eastern Area--P.L. 87-387 [H.R. 7726], 75 Stat.
                              815; 50 U.S.C. App. 1878q-1878x, approved Oct. 4, 1961.
                               j. Argentina, Brazil, China, Germany, Greece, Italy, Japan, The Netherlands, Peru, Spain, Thailand,
                              and Turkey--P.L. 88-437 [H.R. 11035], 78 Stat. 444; 50 U.S.C. App. 1878y-1878bb, approved Aug. 14,
                              1964.
                               k. Italy, Spain, Argentina, Brazil, Turkey, and the Philippines--P.L. 89-324 [H.R. 7812], 79 Stat.
                              1214; 50 U.S.C. App. 1878cc-1878mm, approved Nov. 5, 1965.
                               l. Republic of China--P.L. 89-398 [H.R. 7813], 80 Stat. 121; 50 U.S.C. App. 1878nn-1878ss, approved
                              Apr. 16, 1966.
                               m. Argentina, Brazil, Chile, Colombia, Federal Republic of Germany, Greece, Republic of Korea,
                              Portugal, Spain, and Peru--P.L. 90-224 [H.R. 6167], 81 Stat. 729; 50 U.S.C. App. 1878tt-1878xx
                              approved Dec. 26, 1967.
                               n. Greece, Pakistan, Republic of Vietnam, and Turkey--P.L. 91-682 [H.R. 15728], 84 Stat. 2066; 50
                              U.S.C. App. 1878yy-1878zz-3, approved Jan. 12, 1971.
                               o. Spain, Turkey, Greece, Republic of Korea and Italy--P.L. 92-270 [H.R. 9526], 86 Stat. 118; 50
                              U.S.C. App. 1878zz-4--1878zz-8, approved Apr. 6, 1972.
                               p. Argentina, Republic of China, Colombia, Germany, Greece, Iran, Republic of Korea, Pakistan, the
                              Philippines, Spain, and Venezuela--P.L. 94-457 [S. 3734], 90 Stat. 1938, approved Oct. 5, 1976.
                               q. Brazil, Colombia, Ecuador, Greece, Indonesia, Republic of Korea, Mexico, Peru, Philippines, and
                              Spain--P.L. 96-150 [H.R. 5163], 93 Stat. 1091, approved Dec. 20, 1979.
                               r. Colombia, Dominican Republic, Mexico, Pakistan, Turkey--P.L. 97-342 [H.R. 7115], 96 Stat. 1641,
                              approved Oct. 15, 1982.
                               s. Taiwan--P.L. 99-661 [S. 2638], 100 Stat. 4005, approved Nov. 14, 1986.
                               t. Philippines--P.L. 101-44 [H.R. 2344], 103 Stat. 96, approved June 30, 1989.
                               u. Brazil--P.L. 101-172 [H.R. 3544], 103 Stat. 1291, approved Nov. 22, 1989.
                               v. Brazil--P.L. 101-568 [S. 3215], 104 Stat. 2804, approved Nov. 15, 1990.
                               w. Greece--P.L. 102-91 [H.R. 2901], 105 Stat. 472, approved Aug. 14, 1991.
                               x. Greece, Taiwan--P.L. 102-322 [H.R. 5412], 106 Stat. 443, approved July 19, 1992.
                               y. Argentina, Australia, Chile, Greece, Taiwan, Turkey--P.L. 103-54 [H.R. 2561], 107 Stat. 274,
                              approved July 28, 1993.
                               z. Brazil, Egypt, Morocco, Oman, Spain, Taiwan, Thailand, Turkey, Venezuela--P.L. 103-174 [H.R.
                              3741], 107 Stat. 2000, approved Dec. 2, 1993.
                               aa. Australia, Brazil, Morocco, Spain--P.L. 103-295 [H.R. 4426], 108 Stat. 1462, approved Aug. 12,
                              1994.
                               bb. Argentina, Chile, Malaysia, Spain, Taiwan, Venezuela--P.L. 103-378 [H.R. 5155], 108 Stat. 3508,
                              approved Oct. 19, 1994.
                               cc. Egypt, Mexico, New Zealand, Portugal, Taiwan,, Thailand--P.L. 104-164 [H.R. 3121], 110 Stat.
                              1421, approved July 21, 1996.

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

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

                          B. AGRICULTURAL COMMODITIES

                                    CONTENTS

                                                                       Page

    1. Agricultural Trade Development and Assistance.................  1349
          a. Agricultural Trade Development and Assistance Act of
              1954, as amended (Public Law 480)......................  1349
          b. Farm Security and Rural Investment Act of 2002 (Public
              Law 107-171) (partial text)............................  1402
          c. Federal Agriculture Improvement and Reform Act of 1996
              (Public Law 104-127) (partial text)....................  1418
          d. Enterprise for the Americas Initiative Act of 1992
              (Public Law 102-532) (partial text)....................  1420
          e. Food, Agriculture, Conservation, and Trade Act of 1990
              (Public Law 101-624) (partial text)....................  1423
          f. Agricultural Development and Trade Act of 1990 (title XV
              of Public Law 101-624).................................  1428
          g. Agricultural Act of 1949 (Public Law 81-439) (partial
              text)..................................................  1439
          h. Agriculture, Rural Development, Food and Drug
              Administration, and Related Agencies Appropriations
              Act, 2006 (Public Law 109-97) (partial text)...........  1449
          i. Food Security Act of 1985 (Public Law 99-198) (partial
              text)..................................................  1453
          j. President's Emergency Food Assistance Act of 1984 (title
              III of Public Law 98-473)..............................  1472
          k. Agricultural Exports (Public Law 98-258) (partial text).  1474
          l. Food and Agriculture Act of 1977 (Public Law 95-113)
              (partial text).........................................  1476
          m. Extension of Agricultural Trade Development and
              Assistance Act of 1954, as amended (Public Law 85-931)
              (partial text).........................................  1478
          n. Implementation of the Agricultural Trade Development and
              Assistance Act of 1954, as Amended, and the Food for
              Progress Act of 1985, as Amended (Executive Order
              12752).................................................  1480
          o. Assigning Foreign Affairs Functions and Implementing the
              Enterprise for the Americas Initiative and the Tropical
              Forest Conservation Act (Executive Order 13345)........  1483
    2. Agricultural Trade............................................  1486
          a. Agricultural Competitiveness and Trade Act of 1988
              (Public Law 100-418) (partial text)....................  1486
          b. Agricultural Trade Act of 1978 (Public Law 95-501)......  1500
    3. Agricultural Act of 1980 and Related Material.................  1531
          a. Agricultural Trade Suspension Adjustment Act of 1980
              (title II of Public Law 96-494) (partial text).........  1531
          b. Bill Emerson Humanitarian Trust Act (title III of Public
              Law 96-494)............................................  1539
          c. Food Security Wheat Reserve (Executive Order 12266).....  1544
    4. National Agricultural Research, Extension, and Teaching Policy
        Act of 1977 (Public Law 95-113) (partial text)...............  1545
    5. Agriculture and Food Act of 1981 (Public Law 97-98) (partial
        text)........................................................  1551
    6. International Carriage of Perishable Foodstuffs Act (Public
        Law 97-325)..................................................  1557
    7. Pesticide Monitoring Improvements (Public Law 100-418)
        (partial text)...............................................  1561

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

                1. Agricultural Trade Development and Assistance

       a. Agricultural Trade Development and Assistance Act of 1954, as
                            amended (Public Law 480)

                                    CONTENTS

                                                                       Page

    Section 1--Short Title...........................................  1352
    Section 2--United States Policy..................................  1352
    Section 3--Food Aid to Developing Countries......................  1353
    Title I--Trade and Development Assistance........................  1353
        Section 101--Trade and Development Assistance................  1353
        Section 102--Agreements Regarding Eligible Countries and
          Private Entities...........................................  1354
        Section 103--Terms and Conditions of Sales...................  1355
        Section 104--Use of Local Currency Payment...................  1357
    Title II--Emergency and Private Assistance Programs..............  1358
        Section 201--General Authority...............................  1358
        Section 202--Provision of Agricultural Commodities...........  1359
        Section 203--Generation and Use of Currencies By Private
          Voluntary Organizations and Cooperatives...................  1362
        Section 204--Levels of Assistance............................  1363
        Section 205--Food Aid Consultative Group.....................  1364
        Section 207--Administration..................................  1365
        Section 208--Assistance for Stockpiling and Rapid
          Transportation, Delivery, and Distribution of Shelf-Stable
          Prepackaged Foods..........................................  1367
    Title III--Food for Development..................................  1368
        Section 301--Bilateral Grant Program.........................  1368
        Section 302--Eligible Countries..............................  1368
        Section 303--Grant Programs..................................  1369
        Section 304--Direct Uses or Sales of Commodities.............  1369
        Section 305--Local Currency Accounts.........................  1370
        Section 306--Use of Local Currency Proceeds..................  1370
    Title IV--General Authorities and Requirements...................  1372
        Section 401--Commodity Determinations........................  1372
        Section 402--Definitions.....................................  1372
        Section 403--General Provisions..............................  1374
        Section 404--Agreements......................................  1376
        Section 405--Consultation....................................  1378
        Section 406--Use of Commodity Credit Corporation.............  1378
        Section 407--Administrative Provisions.......................  1379
        Section 408--Expiration Date.................................  1383
        Section 411--Debt Forgiveness................................  1383
        Section 412--Authorization of Appropriations.................  1384
        Section 413--Coordination of Foreign Assistance Programs.....  1385
        Section 414--Assistance in Furtherance of Narcotics Control
          Objectives of the United States............................  1385
        Section 415--Micronutrient Fortification Programs............  1386
        Section 416--Use of Certain Local Currency...................  1387
    Title V--Farmer-to-Farmer Program................................  1387
        Section 501--John Ogonowski Farmer-to-Farmer Program.........  1387
    Title VI--Enterprise for the Americas Initiative.................  1391
        Section 601--Establishment of the Facility...................  1391
        Section 602--Purpose.........................................  1391
        Section 603--Eligibility for Benefits Under the Facility.....  1391
        Section 604--Reduction of Certain Debt.......................  1392
        Section 605--Repayment of Principal..........................  1392
        Section 606--Interest of New Obligations.....................  1392
        Section 607--Environmental Framework Agreements..............  1393
        Section 608--Enterprise for the Americas Environmental Funds.  1394
        Section 609--Disbursement of Environmental Funds.............  1394
        Section 610--Enterprise for the Americas Board...............  1394
        Section 611--Oversight.......................................  1395
        Section 612--Eligible Activities and Grantees................  1395
        Section 613--Encouraging Multilateral Debt Donations.........  1396
        Section 614--Annual Report to Congress.......................  1396
        Section 615--Consultations With Congress.....................  1397
        Section 616--Sale of Qualified Debt to Eligible Countries....  1397
        Section 617--Sale, Reduction, or Cancellation of Qualified
          Debt to Facilitate Certain Debt Swaps......................  1398
        Section 618--Notification to Congressional Committees........  1399
        Section 619--Definition of Qualified Debt....................  1399
       a. Agricultural Trade Development and Assistance Act of 1954, as
                  amended (Public Law 480) \1\, \2\

    ---------------------------------------------------------------------------
        \1\ The Agricultural Trade Development and Assistance Act of 1954,
    as amended, was substantially amended and restated by sec. 1512 of
    subtitle A (the ``Mickey Leland Food for Peace Act'') of title XV (the
    ``Agricultural Development and Trade Act of 1990'') of Public Law 101-
    624 (the ``Food, Agriculture, Conservation, and Trade Act of 1990'').
        Previously, this Act has been restated and amended by sec. 2 of the
    Food for Peace Act of 1966.
        [Note.--In signing the Food for Peace bill on November 11, 1966,
    the President referred to it as the ``Food for Freedom program''.]
        The Food for Peace Act of 1966 was effective as of January 1, 1967,
    except that sec. 4 took effect November 11, 1966.
        See also Africa: Seeds of Hope Act of 1998 (Public Law 105-385; 112
    Stat. 3460), beginning at page 183.
        \2\ Prohibitions against furnishing assistance under this Act are
    contained in subsecs. (i), (j), (n), (s), and (t) of sec. 620 of the
    Foreign Assistance Act of 1961, as amended. For text, see Legislation
    on Foreign Relations Through 2005, vol. I-A. A further prohibition was
    contained in the Agricultural Environmental and Consumer Protection
    Appropriation Act, 1975 (Public Law 93-563; 88 Stat. 1830).
    ---------------------------------------------------------------------------

        Public Law 83-480 [S. 2475], 68 Stat. 454, 7 U.S.C. 1691-1738r,
      approved July 10, 1954; as amended by Public Law 84-25 [S. 752], 69
      Stat. 44, approved April 25, 1955; Public Law 84-387 [S. 2253], 69
    Stat. 721, approved August 12, 1955; Public Law 84-540 [H.R. 10875], 70
     Stat. 188, approved May 28, 1956; Public Law 84-726 [H.R. 11356], 70
      Stat. 555, approved July 18, 1956; Public Law 84-962 [S. 3903], 70
      Stat. 988, approved August 3, 1956; Public Law 85-128 [S. 1314], 71
     Stat. 345, approved August 13, 1957; Public Law 85-141 [S. 2130], 71
    Stat. 355, approved August 14, 1957; Public Law 85-477 [H.R. 12181], 72
      Stat. 261, approved June 30, 1958; Public Law 85-931 [S. 3420], 72
    Stat. 1790, approved September 6, 1958; Public Law 86-108 [H.R. 7500],
     73 Stat. 246, approved July 24, 1959; Public Law 86-341 [H.R. 8609],
      733 Stat. 606, approved September 21, 1959; Public Law 86-472] H.R.
       11510], 74 Stat. 134, approved May 14, 1960; Public Law 87-28 [S.
    1027], 75 Stat. 64, approved May 4, 1961; Public Law 87-128 [S. 1643],
    75 Stat. 294, approved August 8, 1961; Public Law 87-195 [S. 1983], 75
    Stat. 424, approved September 4, 1961; Public Law 87-703 [H.R. 12391],
    76 Stat. 605, approved September 27, 1962; Public Law 87-839 [S. 3389],
       76 Stat. 1074, approved October 18, 1962; Public Law 88-205 [H.R.
    7885], 77 Stat. 379, approved December 16, 1963; Public Law 88-638 [S.
    2687], 78 Stat. 1035, approved October 8, 1964; Public Law 89-106 [H.R.
     5508], 79 Stat. 431, approved August 4, 1965; Public Law 89-171 [H.R.
      7750], 79 Stat. 653, approved September 6, 1965; Public Law 89-808
    [H.R. 14929], 80 Stat. 1526, approved November 11, 1966; Public Law 90-
    436 [S. 2986], 82 Stat. 450, approved July 29, 1968; Public Law 91-524
    [H.R. 18546], 84 Stat. 1358, approved November 30, 1970; Public Law 92-
     42 [H.R. 1161], 85 Stat. 99, approved July 1, 1971; Public Law 93-86
     [S. 1888], 87 Stat. 237, approved August 10, 1973; Public Law 94-161
    [H.R. 9005], 89 Stat. 849, approved December 20, 1975; Public Law 95-88
     [H.R. 6714], 91 Stat. 533, approved August 3, 1977; Public Law 95-113
    [S. 275], 91 Stat. 913, approved September 29, 1977; Public Law 95-424
       [International Development and Food Assistance Act of 1978, H.R.
       12222], 92 Stat. 937, approved October 6, 1978; Public Law 96-53
      [International Development Cooperation Act of 1979, H.R. 3324], 93
         Stat. 359, approved August 14, 1979; Public Law 96-72 [Export
      Administration Act of 1979, S. 737], 93 Stat. 503 at 536, approved
         September 29, 1979; Public Law 96-470 [Congressional Reports
     Elimination Act of 1980, H.R. 6686], 94 Stat. 2237 at 2246, approved
        October 19, 1980; Public Law 96-533 [International Security and
                            Development Cooperation

      Act of 1980, H.R. 6942], 94 Stat. 3131 at 3151, approved December 16,
       1980; Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274, approved
       December 22, 1981; Public Law 97-113 [International Security and
     Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1537,
           approved December 29, 1981; Public Law 98-473 [Continuing
       Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837 at 2194,
      approved October 12, 1984; Public Law 98-623 [H.R. 6342], 98 Stat.
       3394, approved November 8, 1984, Public Law 99-83 [International
      Security and Development Cooperation Act of 1985, S. 960], 99 Stat.
     190, approved August 8, 1985; Public Law 99-198 [Food Security Act of
    1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985; Public Law
    100-202 [Continuing Appropriations for 1988, H.J. Res. 395], 101 Stat.
    1329, approved December 22, 1987; Public Law 100-418 [Omnibus Trade and
    Competitiveness Act of 1988, H.R. 4848] 102 Stat. 1107, approved August
      23, 1988; Public Law 100-576 [Bangladesh Disaster Assistance Act of
    1988, H.R. 5389], 102 Stat. 2897, approved October 31, 1988; Public Law
      101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S.
     2830], 104 Stat. 3359, approved November 28, 1990; Public Law 102-237
      [Food, Agriculture, Conservation, and Trade Act Amendments of 1991;
    H.R. 3029], 105 Stat. 1818, approved December 13, 1991; Public Law 102-
     532 [Enterprise for the Americas Initiative Act of 1992; H.R. 4059],
      106 Stat. 3509, approved October 27, 1992; Public Law 102-549 [Jobs
       Through Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved
     October 28, 1992; Public Law 102-583 [International Narcotics Control
      Act of 1992; H.R. 6187], 106 Stat. 4914, approved November 2, 1992;
    Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995;
    S. 790], 109 Stat. 707, approved December 21, 1995; Public Law 104-127
     [Federal Agriculture Improvement and Reform Act of 1996; H.R. 2854],
    110 Stat. 888, approved April 4, 1996; Public Law 106-387 [Agriculture,
     Rural Development, Food and Drug Administration, and Related Agencies
       Appropriations Act, 2001; H.R. 5416, enacted by reference in H.R.
     4461], 114 Stat. 1549, approved October 28, 2000; Public Law 106-472
    [Grain Standards and Warehouse Improvement Act of 2000; H.R. 4788], 114
    Stat. 2058, approved November 9, 2000; Public Law 107-76 [Agriculture,
     Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2002; H.R. 2330], 115 Stat. 704, approved November
    28, 2001; Public Law 107-171 [Farm Security and Rural Investment Act of
    2002; H.R. 2646], 116 Stat. 134, approved May 13, 2002; Public Law 108-
     199 [Consolidated Appropriations Act, 2004; H.R. 2673], 118 Stat. 3,
          approved January 23, 2004; Public Law 108-447 [Consolidated
    Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December
    8, 2004; Public Law 109-121 [Senator Paul Simon Water for the Poor Act
         of 2005; H.R. 1973], 119 Stat. 2533, approved December 1, 2005

       AN ACT To increase the consumption of United States agricultural
     commodities in foreign countries, to improve the foreign relations of
                   the United States, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Trade Development and
    Assistance Act of 1954.''

    SECTION 1. SHORT TITLE.

      This Act may be cited as the ``Agricultural Trade Development
    and Assistance Act of 1954''.

    SEC. 2.\3\ UNITED STATES POLICY.

      It is the policy of the United States to use its abundant
    agricultural productivity to promote the foreign policy of the
    United States by enhancing the food security of the developing
    world through the use of agricultural commodities and local
    currencies accruing under this Act to--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1691.
    ---------------------------------------------------------------------------
              (1) combat world hunger and malnutrition and their
            causes;
              (2) promote broad-based, equitable, and sustainable
            development, including agricultural development;
              (3) expand international trade;
              (4) develop and expand export markets for United
            States agricultural commodities; \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 3001 of the Farm Security and Rural Investment Act of 2002
    (Public Law 107-171; 116 Stat. 280) struck out ``and'' at the end of
    para. (4), replaced the period at the end of para. (5) with ``; and'',
    and added para. (6).
    ---------------------------------------------------------------------------
              (5) foster and encourage the development of private
            enterprise and democratic participation in developing
            countries; and
              (6) \4\ prevent conflicts.

    SEC. 3.\5\ FOOD AID TO DEVELOPING COUNTRIES.

        (a) Policy.--In light of the Uruguay Round Agreement on
    Agriculture and the Ministerial Decision on Measures Concerning
    the Possible Negative Effects of the Reform Program on Least-
    Developed and Net-Food Importing Developing Countries, the
    United States reaffirms the commitment of the United States to
    providing food aid to developing countries.
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 1691a. Sec. 201(a) of Public Law 104-127 (110 Stat.
    951) amended and restated sec. 3. It formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 3. global food aid needs.
    ---------------------------------------------------------------------------

        ``In view of the principal findings of the National Research
    Council of the National Academy of Sciences that doubling food aid
    above 1990 levels of about 10,000,000 metric tons per year would be
    necessary to meet projected global food needs throughout the decade of
    the nineties, it is the sense of Congress that the President should--
    ---------------------------------------------------------------------------

      ``(1) increase the contributions of food aid by the United States, and
    encourage other donor countries to increase their contributions toward
    meeting new food aid requirements; and

      ``(2) encourage other advanced nations to make increased food aid
    contributions to combat world hunger and malnutrition, particularly through
    the expansion of international food and agricultural assistance
    programs.''.

        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President should initiate consultations with
            other donor nations to consider appropriate levels of
            food aid commitments to meet the legitimate needs of
            developing countries; and
              (2) the United States should increase its
            contribution of bona fide food assistance to developing
            countries consistent with the Agreement on Agriculture.

                   TITLE I--TRADE AND DEVELOPMENT ASSISTANCE

    SEC. 101.\6\ TRADE AND DEVELOPMENT ASSISTANCE.

      (a) In General.--The President shall establish a program
    under this title to provide for the sale of agricultural
    commodities to developing countries and private entities \7\
    for dollars on credit terms, or for local currencies (including
    for local currencies on credit terms) for use under this title.
    Such program shall be implemented by the Secretary.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 1701.
        \7\ Sec. 202 of Public Law 104-127 (110 Stat. 951) struck out
    ``developing countries'' and inserted in lieu thereof ``developing
    countries and private entities'' throughout sec. 101.
    ---------------------------------------------------------------------------
      (b) General Authority.--To carry out the policies and
    accomplish the objectives described in section 2, the Secretary
    may negotiate and execute agreements with developing countries
    and private entities \7\ to finance the sale and exportation of
    agricultural commodities to such countries and entities.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 202 of Public Law 104-127 (110 Stat. 951) inserted ``and
    entities'' at the end of the sentence.
    ---------------------------------------------------------------------------

    SEC. 102.\9\ AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
                        ENTITIES.

        (a) Priority.--In selecting agreements to be entered into
    under this title, the Secretary shall give priority to
    agreements providing for the export of agricultural commodities
    to developing countries that--
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 1702. Sec. 203 of Public Law 104-127 (110 Stat. 951)
    amended and restated sec. 102. It formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 102. eligible countries.
    ---------------------------------------------------------------------------

        ``(a) In General.--A country shall be considered to be a developing
    country and eligible for assistance under this title if such country
    has a shortage of foreign exchange earnings and has difficulty meeting
    all of its food needs through commercial channels, as determined by the
    Secretary.
        ``(b) Priority.--In determining whether and to what extent
    agricultural commodities will be made available to developing countries
    under this title, the Secretary shall give priority to developing
    countries that--
    ---------------------------------------------------------------------------

      ``(1) demonstrate the greatest need for food;

      ``(2) are undertaking measures for economic development purposes to
    improve food security and agricultural development, alleviate poverty, and
    promote broad-based equitable and sustainable development; and

      ``(3) have the demonstrated potential to become commercial markets for
    competitively priced United States agricultural commodities.''.

              (1) have the demonstrated potential to become
            commercial markets for competitively priced United
            States agricultural commodities;
              (2) are undertaking measures for economic development
            purposes to improve food security and agricultural
            development, alleviate poverty, and promote broad-based
            equitable and sustainable development; and
              (3) demonstrate the greatest need for food.
        (b) Private Entities.--An agreement entered into under this
    title with a private entity shall require such security, or
    such other provisions as the Secretary determines necessary, to
    provide reasonable and adequate assurance of repayment of the
    financing extended to the private entity.
        (c) Agricultural Market Development Plan.--
              (1) Definition of Agricultural Trade Organization.--
            In this subsection, the term ``agricultural trade
            organization'' means a United States agricultural trade
            organization that promotes the export and sale of a
            United States agricultural commodity and that does not
            stand to profit directly from the specific sale of the
            commodity.
              (2) Plan.--The Secretary shall consider a developing
            country for which an agricultural market development
            plan has been approved under this subsection to have
            the demonstrated potential to become a commercial
            market for competitively priced United States
            agricultural commodities for the purpose of granting a
            priority under subsection (a).
              (3) Requirements.--
                      (A) In general.--To be approved by the
                    Secretary, an agricultural market development
                    plan shall--
                              (i) be submitted by a developing
                            country or private entity, in
                            conjunction with an agricultural trade
                            organization;
                              (ii) describe a project or program
                            for the development and expansion of a
                            commercial market for a United States
                            agricultural commodity in a developing
                            country, and the economic development
                            of the country, using funds derived
                            from the sale of agricultural
                            commodities received under an agreement
                            described in section 101;
                              (iii) provide for any matching funds
                            that are required by the Secretary for
                            the project or program;
                              (iv) provide for a results-oriented
                            means of measuring the success of the
                            project or program; and
                              (v) provide for graduation to the use
                            of non-Federal funds to carry out the
                            project or program, consistent with
                            requirements established by the
                            Secretary.
                      (B) Agricultural trade organization.--The
                    project or program shall be designed and
                    carried out by the agricultural trade
                    organization.
                      (C) Additional requirements.--An agricultural
                    market development plan shall contain such
                    additional requirements as are determined
                    necessary by the Secretary.
              (4) Administrative costs.--
                      (A) In general.--The Secretary may make funds
                    made available to carry out this title
                    available for the reimbursement of
                    administrative expenses incurred by
                    agricultural trade organizations in developing,
                    implementing, and administering agricultural
                    market development plans, subject to such
                    requirements and in such amounts as the
                    Secretary considers appropriate.
                      (B) Duration.--The funds may be made
                    available to agricultural trade organizations
                    for the duration of the applicable agricultural
                    market development plan.
                      (C) Termination.--The Secretary may terminate
                    assistance made available under this subsection
                    if the agricultural trade organization is not
                    carrying out the approved agricultural market
                    development plan.

    SEC. 103.\10\ TERMS AND CONDITIONS OF SALES.

      (a) Payment.--
    ---------------------------------------------------------------------------
        \10\ 7 U.S.C. 1703.
    ---------------------------------------------------------------------------
              (1) Dollars.--Except as provided in paragraph (2),
            agreements under this title shall require that payment
            for agricultural commodities be made in dollars.
              (2) Local currencies.--
                      (A) In general.--The Secretary may permit
                    \11\ payment under an agreement under this
                    title in the local currency of the appropriate
                    country \12\ in order to use the proceeds from
                    such payments to carry out activities under
                    section 104.
    ---------------------------------------------------------------------------
        \11\ Sec. 204(1)(A) of Public Law 104-127 (110 Stat. 953) struck
    out ``a recipient country to make'' after ``may permit''.
        \12\ Sec. 204(1)(B) of Public Law 104-127 (110 Stat. 953) struck
    out ``such country'' and inserted in lieu thereof ``the appropriate
    country''.
    ---------------------------------------------------------------------------
                      (B) Rates of exchange.--Payments in local
                    currency shall be at rates of exchange that are
                    no less favorable than the highest exchange
                    rate legally obtainable in the country and that
                    are no less favorable than the highest exchange
                    rate obtainable by any other country.
      (b) Interest.--Such agreements shall provide that interest
    accrue on the payment deferred under such agreement at a
    concessional rate as determined appropriate by the Secretary.
      (c) Duration.--Payments required under such agreements may be
    made in reasonable annual amounts over the period (not \13\
    more than 30 years from the date of the last delivery of
    commodities in each year under such agreement) specified in the
    agreement.
    ---------------------------------------------------------------------------
        \13\ Sec. 204(2) of Public Law 104-127 (110 Stat. 953) struck out
    ``less than 10 nor'' after ``(not''.
    ---------------------------------------------------------------------------
      (d) Deferral of Payments.--The Secretary may defer the date
    on which the developing country or private entity \14\ is
    required to begin making payment, under such agreements, for a
    period of not in excess of 5 \15\ years after the date of the
    last delivery of commodities in each year under the agreement,
    and interest shall be computed from the date of such last
    delivery.
    ---------------------------------------------------------------------------
        \14\ Sec. 204(3)(A) of Public Law 104-127 (110 Stat. 953) struck
    out ``recipient country'' and inserted in lieu thereof ``developing
    country or private entity''.
        \15\ Sec. 204(3)(B) of Public Law 104-127 (110 Stat. 953) struck
    out ``7'' and inserted in lieu thereof ``5''.
    ---------------------------------------------------------------------------
      (e) Delivery of Commodities.--Delivery of the commodities
    shall be made in accordance with the terms of the agreement.

              Note.--See 31 U.S.C. 1306, use of foreign currencies,
            in Legislation on Foreign Relations Through 2005, vol.
            I-A.
              Section 507 of the Public Works for Water, Pollution
            Control, and Power Development and Atomic Energy
            Commission Appropriation Act, 1970 (Public Law 91-144;
            83 Stat. 338), provided as follows:
              ``Pursuant to section 1415 of the Act of July 15,
            1952 (66 Stat. 662), foreign credits (including
            currencies) owed to or owned by the United States may
            be used by Federal agencies for any purpose for which
            appropriations are made for the current fiscal year
            (including the carrying out of Acts requiring or
            authorizing the use of such credits), only when
            reimbursement therefor is made to the Treasury from
            applicable appropriations of the agency concerned:
            Provided, That such credits received as exchange
            allowances or proceeds of sales of personal property
            may be used in whole or part payment for acquisition of
            similar items, to the extent and in the manner
            authorized by law, without reimbursement to the
            Treasury.''.

    SEC. 104.\16\ USE OF LOCAL CURRENCY PAYMENT.

      (a) In General.--Agreements under this title may provide that
    the Secretary shall use payments made in local currencies by
    the developing country or private entity \17\ in accordance
    with this section.
    ---------------------------------------------------------------------------
        \16\ 7 U.S.C. 1704.
        \17\ Sec. 205(1) of Public Law 104-127 (110 Stat. 953) struck out
    ``recipient country'' and inserted in lieu thereof ``developing country
    or private entity''.
    ---------------------------------------------------------------------------
      (b) Special Account.--Foreign currencies received by the
    Secretary under this title shall be deposited in a separate
    account, that may be interest-bearing, to the credit of the
    United States and such currencies and interest thereon shall be
    used as provided for in this section.
      (c) Activities.--The proceeds from the payments referred to
    in subsection (a) may be used in the appropriate developing
    country \18\ for the following:
    ---------------------------------------------------------------------------
        \18\ Sec. 205(2) of Public Law 104-127 (110 Stat. 953) struck out
    ``recipient country'' throughout subsec. (c) and inserted in lieu
    thereof ``appropriate developing country''.
    ---------------------------------------------------------------------------
              (1) Trade development.--To carry out programs to help
            develop markets for United States agricultural
            commodities on a mutually beneficial basis in the
            appropriate developing country.\18\
              (2) Agricultural development.--To support--
                      (A) increased agricultural production,
                    including availability of agricultural inputs,
                    with emphasis on small farms, processing of
                    agricultural commodities, forestry management,
                    and land and water management;
                      (B) credit policies for private-sector
                    agriculture development;
                      (C) establishment and expansion of
                    institutions for basic and applied agricultural
                    research and the use of such research through
                    development of extension services; and
                      (D) programs to control rodents, insects,
                    weeds, and other animal or plant pests.
              (3) Agricultural business development loans.--To make
            loans to United States business entities (including
            cooperatives) and branches, subsidiaries, or affiliates
            of such entities for agricultural business development
            and agricultural trade expansion in such appropriate
            developing countries.\19\
    ---------------------------------------------------------------------------
        \19\ Sec. 205(2)(B) of Public Law 104-127 (110 Stat. 953) struck
    out ``recipient countries'' and inserted in lieu thereof ``appropriate
    developing countries''.
    ---------------------------------------------------------------------------
              (4) Agricultural facilities loans.--To make loans to
            domestic or foreign entities (including cooperatives)
            for the establishment of facilities for aiding in the
            utilization or distribution of, or otherwise increasing
            the consumption of and markets for, United States
            agricultural products.
              (5) Trade promotion.--To promote agricultural trade
            development, under procedures established by the
            Secretary, by making loans or through other activities
            (including trade fairs) that the Secretary determines
            to be appropriate.
              (6) Private sector agricultural trade development.--
            To conduct private sector agricultural trade
            development activities in the appropriate developing
            country,\18\ as determined appropriate by the
            Secretary.
              (7) Research.--To conduct research in agriculture,
            forestry, and aquaculture, including collaborative
            research which is mutually beneficial to the United
            States and the appropriate developing country.\18\
              (8) United States obligations.--To make payments of
            United States obligations (including obligations
            entered into pursuant to other laws).
              (9) \20\ 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.
    ---------------------------------------------------------------------------
        \20\ Sec. 5(b) of the Senator Paul Simon Water for the Poor Act of
    2005 (Public Law 109-121; 119 Stat. 2537) added para. (9).
    ---------------------------------------------------------------------------
      (d) Fiscal Requirements Regarding Use of Local Currencies.--
              (1) Exemption.--Section 1306 of title 31, United
            States Code, shall not apply to local currencies used
            by the President under paragraphs (1) through (7) of
            subsection (c).
              (2) Use of currencies by other agencies.--Any
            department or agency of the Federal Government other
            than the Department of Agriculture using any such local
            currencies for a purpose for which funds have been
            appropriated shall reimburse the Commodity Credit
            Corporation in an amount equivalent to the dollar value
            of the currencies used.
    ---------------------------------------------------------------------------
        \21\ Formerly at 7 U.S.C. 1705. Sec. 206 of Public Law 104-127 (110
    Stat. 953) repealed sec. 105, which had read as follows:
    ---------------------------------------------------------------------------

    ``sec. 105. value-added foods.
    ---------------------------------------------------------------------------

        ``(a) Policy.--Congress declares it to be the policy of the United
    States to assist developing countries that are or have been recipients
    of high protein, blended, or fortified foods under title II to continue
    to combat hunger and malnutrition among the lower income segments of
    the population of such countries, especially children, through the
    continued provision of such foods under this title.
        ``(b) Partial Waiver of Repayment.--In implementing the policy
    declared in subsection (a), the Secretary, in entering into agreements
    for the sale of high protein, blended, or fortified foods under this
    title with countries that--
    ---------------------------------------------------------------------------

      ``(1) provide assurances that the benefits of any waiver granted under
    this subsection will be passed on to the individual recipients of such
    foods; and

      ``(2) have a reasonable potential for transferring benefits of such
    waiver to commercial purchasers of such foods;

    ``may make provisions for a waiver of payment of not to exceed an amount
    equal to the value of that part of the product that is attributable to the
    costs of processing, enrichment, or fortification of such product.
    ---------------------------------------------------------------------------

        ``(c) Minimize Impact.--In implementing this section, the Secretary
    shall, to the extent practicable, minimize the impact of this section
    on other commercial and concessional sales of whole grains.''.
    ---------------------------------------------------------------------------

    SEC. 105.\21\ * * * [REPEALED--1996]

            TITLE II--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS \22\

    SEC. 201.\23\ GENERAL AUTHORITY.

      The President shall establish a program under this title to
    provide agricultural commodities to foreign countries on behalf
    of the people of the United States to--
    ---------------------------------------------------------------------------
        \22\ Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3349), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 703. assistance for private voluntary organizations.
    ---------------------------------------------------------------------------

        ``The President is encouraged to use funds made available under
    section 109 of Public Law 102-229 (105 Stat. 1708), and funds made
    available under chapter 11 of part I of the Foreign Assistance Act of
    1961, to assist private voluntary organizations and cooperatives in
    carrying out food assistance programs for the independent states of the
    former Soviet Union under--
    ---------------------------------------------------------------------------

      ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o);

      ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or

      ``(3) title II of the Agricultural Trade Development and Assistance Act
    of 1954 (7 U.S.C. 1721 et seq.).''.
    ---------------------------------------------------------------------------

        In a memorandum of July 19, 1994, the President authorized ``the
    release in fiscal year 1994 of up to 200,000 metric tons of wheat from
    the reserve established under the Act (the `reserve') for use under
    Title II of the Agricultural Trade Development and Assistance Act of
    1954 to meet relief needs that exist in the Caucasus region of the
    former Soviet Union, which I hereby determine are suffering severe food
    shortages. The wheat will be used to provide urgent humanitarian relief
    to the peoples in this region who are suffering widespread hunger and
    malnutrition.
        ``This action is taken because wheat needed for relief in this
    region cannot be programmed for such purpose in a timely manner under
    the normal means of obtaining commodities for food assistance due to
    circumstances of unanticipated and exceptional need.'' (Presidential
    Determination No. 94-36 of July 19, 1994; 59 F.R. 37153).
        \23\ 7 U.S.C. 1721.
    ---------------------------------------------------------------------------
              (1) address famine or other urgent or extraordinary
            relief requirements;
              (2) combat malnutrition, especially in children and
            mothers;
              (3) carry out activities that attempt to alleviate
            the causes of hunger, mortality and morbidity;
              (4) promote economic and community development;
              (5) promote sound environmental practices; and
              (6) carry out feeding programs.
    Such program shall be implemented by the Administrator.

    SEC. 202.\24\ PROVISION OF AGRICULTURAL COMMODITIES.

      (a) Emergency Assistance.--Notwithstanding any other
    provision of law, the Administrator may provide agricultural
    commodities to meet emergency food needs under this title
    through governments and public or private agencies, including
    intergovernmental organizations such as the World Food Program
    and other multilateral organizations, in such manner and on
    such terms and conditions as the Administrator determines
    appropriate to respond to the emergency.
    ---------------------------------------------------------------------------
        \24\ 7 U.S.C. 1722.
    ---------------------------------------------------------------------------
        (b) \25\ Nonemergency Assistance.--
    ---------------------------------------------------------------------------
        \25\ Sec. 207(a)(1) of Public Law 104-127 (110 Stat. 953) amended
    and restated subsec. (b). It formerly read as follows:
        ``(b) Non-Emergency Assistance.--The Administrator may provide
    agricultural commodities for non-emergency assistance under this title
    through eligible organizations (as described in subsection (d)) that
    have entered into an agreement with the Administrator to use such
    commodities in accordance with this title.''.
    ---------------------------------------------------------------------------
              (1) In general.--The Administrator may provide
            agricultural commodities for nonemergency assistance
            under this title through eligible organizations (as
            described in subsection (d)) that have entered into an
            agreement with the Administrator to use the commodities
            in accordance with this title.
              (2) Limitation.--The Administrator may not deny a
            request for funds submitted under this subsection
            because the program for which the funds are requested--
                      (A) would be carried out by the eligible
                    organization in a foreign country in which the
                    Agency for International Development does not
                    have a mission, office, or other presence; or
                      (B) is not part of a development plan for the
                    country prepared by the Agency.
              (3) \26\ Program diversity.--The Administrator
            shall--
    ---------------------------------------------------------------------------
        \26\ Sec. 3002(1) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 280) added para. (3).
    ---------------------------------------------------------------------------
                      (A) encourage eligible organizations to
                    propose and implement program plans to address
                    1 or more aspects of the program under section
                    201; and
                      (B) consider proposals that incorporate a
                    variety of program objectives and strategic
                    plans based on the identification by eligible
                    organizations of appropriate activities,
                    consistent with section 201, to assist
                    development of foreign countries.
      (c) Uses of Assistance.--Agricultural commodities provided
    under this title may be made available for direct distribution,
    sale, barter, or other appropriate disposition.
      (d) Eligible Organizations.--To be eligible to receive
    assistance under subsection (b) an organization shall be--
              (1) a private voluntary organization or cooperative
            that is, to the extent practicable, registered with the
            Administrator; or
              (2) an intergovernmental organization, such as the
            World Food Program.
      (e) \27\ Support for Eligible Organizations.--
    ---------------------------------------------------------------------------
        \27\ Sec. 207(a)(2)(A) of Public Law 104-127 (110 Stat. 953) struck
    out ``Private Voluntary Organizations and Cooperatives'' from the
    subsection catchline and inserted in lieu thereof ``Eligible
    Organizations''.
    ---------------------------------------------------------------------------
              (1) In general.--Of the funds made available in each
            fiscal year under this title to the Administrator, not
            less than 5 percent nor more than 10 percent of the
            funds \28\ shall be made available in each fiscal year
            to eligible organizations described in subsection (d),
            to assist the organizations \29\ in--
    ---------------------------------------------------------------------------
        \28\ Sec. 3002(2) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 280) struck out ``not less than
    $10,000,000 and not more than $28,000,000'' and inserted in lieu
    thereof ``not less than 5 percent nor more than 10 percent of the
    funds''. Previously, sec. 207(a)(2)(B)(i) of Public Law 104-127 (110
    Stat. 953) struck out ``$13,500,000'' and inserted in lieu thereof
    ``$28,000,000''.
        \29\ Sec. 207(a)(2)(B)(ii) of Public Law 104-127 (110 Stat. 954)
    struck out ``private voluntary organizations and cooperatives, to
    assist such organizations and cooperatives'' and inserted in lieu
    thereof ``eligible organizations described in subsection (d), to assist
    the organizations''.
    ---------------------------------------------------------------------------
                      (A) establishing new programs under this
                    title; and
                      (B) meeting specific administrative,
                    management, personnel and internal
                    transportation and distribution costs for
                    carrying out programs in foreign countries
                    under this title.
              (2) \30\ Request for funds.--To receive funds made
            available under paragraph (1), an eligible organization
            described in subsection (d) shall submit a request for
            the funds that is subject to approval by the
            Administrator.
    ---------------------------------------------------------------------------
        \30\ Sec. 207(a)(2)(C) of Public Law 104-127 (110 Stat. 954)
    amended and restated para. (2). It formerly read as follows:
        ``(2) Request for funds.--In order to receive funds made available
    under paragraph (1), a private voluntary organization or cooperative
    must submit a request for such funds (which must be approved by the
    Administrator) when submitting a proposal to the Administrator for an
    agreement under this title. Such request for funds shall include a
    specific explanation of--
    ---------------------------------------------------------------------------

      ``(A) the program costs to be offset by such funds;

      ``(B) the reason why such funds are needed in carrying out the particular
    assistance program; and

      ``(C) the degree to which such funds will improve the provision of food
    assistance to foreign countries (particularly those in sub-Saharan Africa
    suffering from acute, long-term food shortages).''.

              (3) Assistance with respect to sale.--Upon the
            request of an eligible organization, the Administrator
            may provide assistance to the eligible organization
            \31\ with respect to the sale of agricultural
            commodities made available to it under this title.
    ---------------------------------------------------------------------------
        \31\ Sec. 207(a)(2)(D) of Public Law 104-127 (110 Stat. 954) struck
    out ``a private voluntary organization or cooperative, the
    Administrator may provide assistance to that organization or
    cooperative'' and inserted in lieu thereof ``an eligible organization,
    the Administrator may provide assistance to the eligible
    organization''.
    ---------------------------------------------------------------------------
      (f) Effective Use of Commodities.--To ensure that
    agricultural commodities made available under this title are
    used effectively and in the areas of greatest need,
    organizations or cooperatives through which such commodities
    are distributed shall--
              (1) to the extent feasible, work with indigenous
            institutions and employ indigenous workers;
              (2) assess and take into account nutritional and
            other needs of beneficiary groups;
              (3) help such beneficiary groups design and carry out
            mutually acceptable projects;
              (4) recommend to the Administrator methods of making
            assistance available that are the most appropriate for
            each local setting;
              (5) supervise the distribution of commodities
            provided and the implementation of programs carried out
            under this title; and
              (6) periodically evaluate the effectiveness of
            projects undertaken under this title.
      (g) Labeling.--Commodities provided under this title shall,
    to the extent practicable, be clearly identified with
    appropriate markings on the package or container of such
    commodity in the language of the locality in which such
    commodities are distributed, as being furnished by the people
    of the United States of America.
        (h) \32\ Streamlined Program Management.--
    ---------------------------------------------------------------------------
        \32\ Sec. 3002(3) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 280) added subsec. (h).
    ---------------------------------------------------------------------------
              (1) Improvements.--Not later than 1 year after the
            date of enactment of this subsection, the Administrator
            shall--
                      (A) streamline program procedures and
                    guidelines under this title for agreements with
                    eligible organizations for programs in 1 or
                    more countries; and
                      (B) effective beginning with fiscal year
                    2004, to the maximum extent practicable,
                    incorporate the changes into the procedures and
                    guidelines for programs and the guidelines for
                    resource requests.
              (2) Streamlined procedures and guidelines.--In
            carrying out paragraph (1), the Administrator shall
            make improvements in the Office of Food for Peace
            management systems that include--
                      (A) expedition of and greater consistency in
                    the program review and approval process under
                    this title;
                      (B) streamlining of information collection
                    and reporting systems by identifying the
                    critical information that needs to be monitored
                    and reported on by eligible organizations; and
                      (C) for approved programs, provision of
                    greater flexibility for an eligible
                    organization to make modifications in program
                    activities to achieve program results with
                    streamlined procedures for reporting such
                    modifications.
              (3) Consultation.--
                      (A) In general.--Paragraphs (1) and (2) shall
                    be carried out in accordance with section 205
                    and subsections (b) and (c) of section 207.
                      (B) Consultation with congressional
                    committees.--Not later than 180 days after the
                    date of enactment of this subsection, the
                    Administrator shall consult with the Committee
                    on Agriculture and the Committee on
                    International Relations of the House of
                    Representatives and the Committee on
                    Agriculture, Nutrition, and Forestry of the
                    Senate on progress made in carrying out this
                    subsection.
              (4) Report.--Not later than 270 days after the date
            of enactment of this subsection, the Administrator
            shall submit to the Committee on Agriculture and the
            Committee on International Relations of the House of
            Representatives and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate a report on the
            improvements made and planned upgrades in the
            information management, procurement, and financial
            management systems to administer this title.

    SEC. 203.\33\ GENERATION AND USE OF CURRENCIES BY PRIVATE VOLUNTARY
                        ORGANIZATIONS AND COOPERATIVES.

      (a) Local Sale and Barter of Commodities.--An agreement
    entered into between the Administrator and a private voluntary
    organization or cooperative to provide food assistance through
    such organization or cooperative under this title may provide
    for the sale or barter in 1 or more recipient countries or 1 or
    more countries \34\ in the same region,\35\ of the commodities
    to be provided under such agreement.
    ---------------------------------------------------------------------------
        \33\ 7 U.S.C. 1723. Sec. 3003(1) of the Farm Security and Rural
    Investment Act of 2002 (Public Law 107-171; 116 Stat. 281) struck out
    ``FOREIGN'' before ``CURRENCIES'' in the section catchline.
        \34\ Sec. 3003(2) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 281) struck out ``the recipient
    country, or in a country'' and inserted in lieu thereof ``1 or more
    recipient countries or 1 or more countries''.
        \35\ Sec. 208(1) of Public Law 104-127 (110 Stat. 954) inserted ``,
    or in a country in the same region,'' after ``in the recipient
    country''.
    ---------------------------------------------------------------------------
      (b) Minimum Level of Local Sales.--In carrying out agreements
    of the type referred to in subsection (a), the Administrator
    shall permit private voluntary organizations and cooperatives
    to sell, 1 or more recipient countries, or in 1 or more
    countries \36\ in the same region,\37\ an amount of commodities
    equal to not less than 15 percent \38\ of the aggregate amounts
    of all commodities distributed under non-emergency programs
    under this title for each fiscal year, to generate proceeds
    \39\ to be used as provided in this section.
    ---------------------------------------------------------------------------
        \36\ Sec. 3003(3)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 281) struck out ``in recipient
    countries, or in countries'' and inserted in lieu thereof ``1 or more
    recipient countries, or in 1 or more countries''.
        \37\ Sec. 208(2)(A) of Public Law 104-127 (110 Stat. 954) inserted
    ``or in countries in the same region,'' after ``in recipient
    countries,''. See also above footnote.
        \38\ Sec. 208(2)(B) of Public Law 104-127 (110 Stat. 954) struck
    out ``10 percent'' and inserted in lieu thereof ``15 percent''.
        \39\ Sec. 3003(3)(B) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 281) struck out ``foreign
    currency'' before ``proceeds''.
    ---------------------------------------------------------------------------
      (c) Description of Intended Uses.--A private voluntary
    organization or cooperative submitting a proposal to enter into
    a non-emergency food assistance agreement under this title
    shall include in such proposal a description of the intended
    uses of any proceeds \40\ that may be generated through the
    sale, in 1 or more recipient countries, or in 1 or more
    countries \41\ in the same region,\42\ of any commodities
    provided under an agreement entered into between the
    Administrator and the organization or cooperative.
    ---------------------------------------------------------------------------
        \40\ Sec. 3003(4)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 282) struck out ``foreign
    currency'' before ``proceeds''.
        \41\ Sec. 3003(4)(B) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 282) struck out ``the recipient
    country, or in a country'' and inserted in lieu thereof ``1 or more
    recipient countries, or in 1 or more countries''.
        \42\ Sec. 208(3) of Public Law 104-127 (110 Stat. 954) inserted
    ``or in a country in the same region,'' after ``in the recipient
    country,''. See also above footnote.
    ---------------------------------------------------------------------------
      (d) Use.--Proceeds \43\ generated from any partial or full
    sale or barter of commodities by a private voluntary
    organization or cooperative under a non-emergency food
    assistance agreement under this title may--
    ---------------------------------------------------------------------------
        \43\ Sec. 3003(5)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 282) struck out ``Foreign
    currencies'' and inserted in lieu thereof ``Proceeds''.
    ---------------------------------------------------------------------------
              (1) be used to transport, store, distribute, and
            otherwise enhance the effectiveness of the use of
            agricultural commodities provided under this title;
              (2) be used to implement income-generating,\44\
            community development, health, nutrition, cooperative
            development, agricultural, and other developmental
            activities within 1 or more recipient countries or
            within 1 or more countries \45\ in the same region;
            \46\ or
    ---------------------------------------------------------------------------
        \44\ Sec. 3003(5)(B)(i) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 282) struck out ``income
    generating'' and inserted in lieu thereof ``income-generating''.
        \45\ Sec. 3003(5)(B)(i) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 282) struck out ``the
    recipient country or within a country'' and inserted in lieu thereof
    ``1 or more recipient countries or within 1 or more countries''.
        \46\ Sec. 208(4) of Public Law 104-127 (110 Stat. 954) inserted
    ``or within a country in the same region'' after ``within the recipient
    country''. See also above footnote.
    ---------------------------------------------------------------------------
              (3) be invested,\47\ and any interest earned on such
            investment may be used,\47\ for the purposes for which
            the assistance was provided to that organization,
            without further appropriation by Congress.
    ---------------------------------------------------------------------------
        \47\ Sec. 3003(5)(C) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 282) inserted a comma after
    ``invested'', and a comma after ``used''.
    ---------------------------------------------------------------------------

    SEC. 204.\48\ LEVELS OF ASSISTANCE.

      (a) Minimum Levels.--
    ---------------------------------------------------------------------------
        \48\ 7 U.S.C. 1724.
    ---------------------------------------------------------------------------
              (1) Minimum assistance.--Except as provided in
            paragraph (3), the Administrator shall make
            agricultural commodities available for food
            distribution under this title in an amount that for
            each of fiscal years 2002 through 2007 is not less than
            2,500,000 metric tons.\49\
    ---------------------------------------------------------------------------
        \49\ Sec. 3004 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) struck out ``1996 through
    2002'' and inserted in lieu thereof ``2002 through 2007'', and raised
    the minimum assistance level from ``not less than 2,2025,000 metric
    tons'' to ``not less than 2,500,000 metric tons''.
        Previously, sec. 209(1)(A) of Public Law 104-127 (110 Stat. 954)
    struck out metric ton minimum assistance amounts for fiscal years 1991
    through 1995, and inserted levels for fiscal years 1996 through 2002.
    Amounts for fiscal years 1991 through 1995 were: for fiscal year 1991,
    not less than 1,925,000 metric tons; fiscal year 1992, not less than
    1,950,000 metric tons; fiscal year 1993, not less than 1,975,000 metric
    tons; fiscal year 1994, not less than 2,000,000 metric tons; and fiscal
    year 1995, not less than 2,025,000 metric tons.
    ---------------------------------------------------------------------------
              (2) Minimum non-emergency assistance.--Of the amounts
            specified in paragraph (1), and except as provided in
            paragraph (3), the Administrator shall make
            agricultural commodities available for non-emergency
            food distribution through eligible organizations under
            section 202 in an amount that for each of fiscal years
            2002 through 2007 is not less than 1,870,000 metric
            tons.\50\
    ---------------------------------------------------------------------------
        \50\ Sec. 3004 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) struck out ``1996 through
    2002'' and inserted in lieu thereof ``2002 through 2007'', and raised
    the minimum level for non-emergency assistance from ``not less than
    1,550,000 metric tons'' to ``not less than 1,875,000 metric tons''.
        Previously, sec. 209(1)(B) of Public Law 104-127 (110 Stat. 954)
    struck out metric ton minimum non-emergency assistance amounts for
    fiscal years 1991 through 1995, and inserted levels for fiscal years
    1996 through 2002. Amounts for fiscal years 1991 through 1995 were: for
    fiscal year 1991, is not less than 1,450,000 metric tons; fiscal year
    1992, is not less than 1,475,000 metric tons; fiscal year 1993, is not
    less than 1,500,000 metric tons; fiscal year 1994, is not less than
    1,525,000 metric tons; and fiscal year 1995, is not less than 1,550,000
    metric tons.
    ---------------------------------------------------------------------------
              (3) Exception.--The Administrator may waive the
            requirements of paragraphs (1) and (2) for any fiscal
            year if the Administrator determines that such
            quantities of commodities cannot be used effectively to
            carry out this title or in order to meet an emergency.
            In making a waiver under this paragraph, the
            Administrator shall prepare and submit to the
            Committees on International Relations, Agriculture and
            Appropriations of the House of Representatives, and the
            Committees on Appropriations and Agriculture,
            Nutrition, and Forestry of the Senate \51\ a report
            containing the reasons for the waiver. No waiver shall
            be made before the beginning of the applicable fiscal
            year.\52\
    ---------------------------------------------------------------------------
        \51\ Sec. 758 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2004 (division
    A of Public Law 108-199; 118 Stat. 38) struck out ``Committee on
    Foreign Affairs and Committee on Agriculture of the House of
    Representatives and the Committee on'' and inserted in lieu thereof
    ``Committees on International Relations, Agriculture and Appropriations
    of the House of Representatives, and the Committees on Appropriations
    and''.
        \52\ Sec. 209(1)(C) of Public Law 104-127 (110 Stat. 955) added the
    last sentence to para. (3).
    ---------------------------------------------------------------------------
      (b) Use of Value-Added Commodities.--
              (1) Minimum levels.--Except as provided in paragraph
            (2), in making agricultural commodities available under
            this title, the Administrator shall ensure that not
            less than 75 percent of the quantity of such
            commodities required to be distributed during each
            fiscal year under subsection (a)(2) be in the form of
            processed, fortified, or bagged commodities and that
            not less than 50 percent of the quantity of the bagged
            commodities that are whole grain commodities be bagged
            in the United States.\53\
    ---------------------------------------------------------------------------
        \53\ Sec. 209(2) of Public Law 104-127 (110 Stat. 955) added ``and
    that not less than 50 percent of the quantity of the bagged commodities
    that are whole grain commodities be bagged in the United States'' at
    the end of the sentence.
    ---------------------------------------------------------------------------
              (2) Waiver of minimum.--The Administrator may waive
            the requirement of paragraph (1) for any fiscal year in
            which the Administrator determines that the
            requirements of the programs established under this
            title will not be best served by the enforcement of
            such requirement under such paragraph.

    SEC. 205.\54\ FOOD AID CONSULTATIVE GROUP.

      (a) Establishment.--There is established a Food Aid
    Consultative Group (hereinafter referred to in this section as
    the ``Group'') that shall meet regularly to review and address
    issues concerning the effectiveness of the regulations and
    procedures that govern food assistance programs established and
    implemented under this title, and the implementation of other
    provisions of this title that may involve eligible
    organizations described in section 202(d)(1).\55\
    ---------------------------------------------------------------------------
        \54\ 7 U.S.C. 1725.
        \55\ Sec. 210(1) of Public Law 104-127 (110 Stat. 955) struck out
    ``private voluntary organizations, cooperatives and indigenous non-
    governmental organizations'' and inserted in lieu thereof ``eligible
    organizations described in section 202(d)(1)''.
    ---------------------------------------------------------------------------
      (b) Membership.--The Group shall be composed of--
              (1) the Administrator;
              (2) the Under Secretary of Agriculture for Farm and
            Foreign Agricultural Service; \56\
    ---------------------------------------------------------------------------
        \56\ Sec. 210(2)(A) of Public Law 104-127 (110 Stat. 955) struck
    out ``for International Affairs and Commodity Programs'' and inserted
    in lieu thereof ``of Agriculture for Farm and Foreign Agricultural
    Service''.
    ---------------------------------------------------------------------------
              (3) the Inspector General of the Agency for
            International Development;
              (4) a representative of each private voluntary
            organization and cooperative participating in a program
            under this title, or receiving planning assistance
            funds from the Agency to establish programs under this
            title; \57\
    ---------------------------------------------------------------------------
        \57\ Sec. 210(2) of Public Law 104-127 (110 Stat. 955) struck out
    ``and'' at the end of para. (4); struck out the period at the end of
    para. (5) and inserted instead ``; and''; and added a new para. (6).
    ---------------------------------------------------------------------------
              (5) representatives from African, Asian and Latin
            American indigenous non-governmental organizations
            determined appropriate by the Administrator; and \57\
              (6) \57\ representatives from agricultural producer
            groups in the United States.
      (c) Chairperson.--The Administrator shall be the chairperson
    of the Group.
      (d) Consultations.--In preparing regulations, handbooks, or
    guidelines implementing this title, or significant revisions
    thereto, the Administrator shall provide such proposals to the
    Group for review and comment. The Administrator shall consult
    and, when appropriate (but at least twice per year),\58\ meet
    with the Group regarding such proposed regulations, handbooks,
    guidelines, or revisions thereto prior to the issuance of such.
    ---------------------------------------------------------------------------
        \58\ Sec. 210(3) of Public Law 104-127 9110 Stat. 955) added
    parenthetical text.
    ---------------------------------------------------------------------------
      (e) Advisory Committee Act.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to the Group.
      (f) Termination.--The Group shall terminate on December 31,
    2007.\59\
    ---------------------------------------------------------------------------
        \59\ Sec. 3005 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec. 210(4) of Public
    Law 104-127 (110 Stat. 955) struck out ``1995'' and inserted in lieu
    thereof ``2002''.
    ---------------------------------------------------------------------------

    SEC. 206.\60\ * * * [REPEALED--2002]
    ---------------------------------------------------------------------------

        \60\ Formerly at 7 U.S.C. 1726. Sec. 3006 of the Farm Security and
    Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 282)
    repealed sec. 206, which read as follows:
    ---------------------------------------------------------------------------

    ``sec. 206. maximum level of expenditures.
    ---------------------------------------------------------------------------

        ``(a) Maximum Expenditures.--Except as provided in subsection (b),
    programs of assistance shall not be undertaken under this title during
    any fiscal year if such programs necessitate an appropriation of more
    than $1,000,000,000 to reimburse the Commodity Credit Corporation for
    all costs incurred in connection with such programs (including the
    Corporation's investment in commodities made available).
        ``(b) Waiver by President.--The President may waive the limitation
    contained in subsection (a) if the President determines that such
    waiver is necessary to undertake programs of assistance to meet urgent
    humanitarian or emergency needs.''.
    ---------------------------------------------------------------------------

    SEC. 207.\61\ ADMINISTRATION.

      (a) Proposals.--
    ---------------------------------------------------------------------------
        \61\ 7 U.S.C. 1726a.
    ---------------------------------------------------------------------------
              (1) \62\ Recipient Countries.--A proposal to enter
            into a nonemergency food assistance agreement under
            this title shall identify the recipient country or
            countries that are the subject of the agreement.
    ---------------------------------------------------------------------------
        \62\ Sec. 3007(1) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) redesignated para. (2) as
    para. (3), struck out para. (1), and added new paras. (1) and (2).
    ---------------------------------------------------------------------------
              (2) \62\ Timing.--Not later than 120 days after the
            date of receipt by the Administrator of a proposal
            submitted by an eligible organization under this title,
            the Administrator shall determine whether to accept the
            proposal.
              (3) \62\ Denial.--If a proposal under paragraph (1)
            is denied, the response shall specify the reasons for
            denial and the conditions that must be met for the
            approval of such proposal.
      (b) Notice and Comment.--Not later than 30 days prior to the
    issuance of a final guideline or annual policy guidance \63\ to
    carry out this title, the Administrator shall--
    ---------------------------------------------------------------------------
        \63\ Sec. 3007(2) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) struck out ``guideline''
    throughout subsec. (b), and inserted in lieu thereof ``guideline or
    annual policy guidance''.
    ---------------------------------------------------------------------------
              (1) provide notice of the existence of a proposed
            guideline or annual policy guidance,\63\ and that such
            guideline or annual policy guidance \63\ is available
            for review and comment, to eligible organizations \64\
            that participate in programs under this title, and to
            other interested persons;
    ---------------------------------------------------------------------------
        \64\ Sec. 207(b)(2)(A) of Public Law 104-127 (110 Stat. 954) struck
    out ``private voluntary organizations and cooperatives'' and inserted
    in lieu thereof ``eligible organizations''.
    ---------------------------------------------------------------------------
              (2) make the proposed guideline or annual policy
            guidance \63\ available, on request, to the eligible
            organizations,\65\ and other persons referred to in
            paragraph (1); and
    ---------------------------------------------------------------------------
        \65\ Sec. 207(b)(2)(B) of Public Law 104-127 (110 Stat. 954) struck
    out ``organizations, cooperatives'' and inserted in lieu thereof
    ``eligible organizations''.
    ---------------------------------------------------------------------------
              (3) take any comments received into consideration
            prior to the issuance of the final guideline or annual
            policy guidance.\63\
      (c) Regulations.--
              (1) In general.--The Administrator shall promptly
            issue all necessary regulations and make revisions to
            agency guidelines with respect to changes in the
            operation or implementation of the program established
            under this title.
              (2) Requirements.--The Administrator shall develop
            regulations with the intent of--
                      (A) simplifying procedures for participation
                    in the programs established under this title;
                      (B) reducing paperwork requirements under
                    such programs;
                      (C) establishing reasonable and realistic
                    accountability standards to be applied to
                    eligible organizations participating in the
                    programs established under this title, taking
                    into consideration the problems associated with
                    carrying out programs in developing countries;
                    and
                      (D) providing flexibility for carrying out
                    programs under this title.
              (3) Handbooks.--Handbooks developed by the
            Administrator to assist in carrying out the program
            under this title shall be designed to foster the
            development of programs under this title by eligible
            organizations.
      (d) Deadline for Submission of Commodity Orders.--Not later
    than 15 days after receipt from a United States field mission
    of a call forward for agricultural commodities for programs
    that meet the requirements of this title, the order for the
    purchase or the supply, from inventory, of such commodities or
    products shall be transmitted to the Commodity Credit
    Corporation.
        (e) \66\ Timely Approval.--
    ---------------------------------------------------------------------------
        \66\ Sec. 3007(3) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 282) added subsec. (e).
    ---------------------------------------------------------------------------
              (1) In general.--The Administrator is encouraged to
            finalize program agreements and resource requests for
            programs under this section before the beginning of
            each fiscal year.
              (2) Report.--Not later than December 1 of each year,
            the Administrator shall submit to the Committee on
            Agriculture and the Committee on International
            Relations of the House of Representatives and the
            Committee on Agriculture, Nutrition, and Forestry of
            the Senate a report that contains--
                      (A) a list of programs, countries, and
                    commodities approved to date for assistance
                    under this section; and
                      (B) a statement of the total amount of funds
                    approved to date for transportation and
                    administrative costs under this section.

    SEC. 208.\67\ ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
                        DELIVERY, AND DISTRIBUTION OF SHELF-STABLE
                        PREPACKAGED FOODS.

        (a) In General.--The Administrator may provide grants to--
    ---------------------------------------------------------------------------
        \67\ 7 U.S.C. 1726b. Added by sec. 310(a) of the Grain Standards
    and Warehouse Improvement Act of 2000 (Public Law 106-472; 114 Stat.
    2075).
    ---------------------------------------------------------------------------
              (1) United States nonprofit organizations (described
            in section 501(c)(3) of the Internal Revenue Code of
            1986 and exempt from tax under section 501(a) of the
            Internal Revenue Code of 1986) for the preparation of
            shelf-stable prepackaged foods requested by eligible
            organizations and the establishment and maintenance of
            stockpiles of the foods in the United States; and
              (2) private voluntary organizations and international
            organizations for the rapid transportation, delivery,
            and distribution of shelf-stable prepackaged foods
            described in paragraph (1) to needy individuals in
            foreign countries.
        (b) Grants for Establishment of Stockpiles.--
              (1) In general.--Not more than 70 percent of the
            amount made available to carry out this section shall
            be used to provide grants under subsection (a)(1).
              (2) Priority.--In providing grants under subsection
            (a)(1), the Administrator shall provide a preference to
            a United States nonprofit organization that agrees to
            provide--
                      (A) non-Federal funds in an amount equal to
                    50 percent of the amount of funds received
                    under a grant under subsection (a)(1);
                      (B) an in-kind contribution in an amount
                    equal to that percentage; or
                      (C) a combination of such funds and an in-
                    kind contribution,
            for the preparation of shelf-stable prepackaged foods
            and the establishment and maintenance of stockpiles of
            the foods in the United States in accordance with
            subsection (a)(1).
        (c) Grants for Rapid Transportation, Delivery, and
    Distribution.--Not less than 20 percent of the amount made
    available to carry out this section shall be used to provide
    grants under subsection (a)(2).
        (d) Administration.--Not more than 10 percent of the amount
    made available to carry out this section may be used by the
    Administrator for the administration of grants under subsection
    (a).
        (e) Regulations or Guidelines.--Not later than 180 days
    after the date of the enactment of this section, the
    Administrator, in consultation with the Secretary, shall issue
    such regulations or guidelines as the Administrator determines
    to be necessary to carry out this section, including
    regulations or guidelines that provide to United States
    nonprofit organizations eligible to receive grants under
    subsection (a)(1) guidance with respect to the requirements for
    qualified shelf-stable prepackaged foods and the quantity of
    the foods to be stockpiled by the organizations.
        (f) Authorization of Appropriations.--There is authorized
    to be appropriated to the Administrator to carry out this
    section, in addition to amounts otherwise available to carry
    out this section, $3,000,000 for each of fiscal years 2001
    through 2007,\68\ to remain available until expended.
    ---------------------------------------------------------------------------
        \68\ Sec. 3008 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 283) struck out ``and 2002'' and
    inserted in lieu thereof ``through 2007''.
    ---------------------------------------------------------------------------

                        TITLE III--FOOD FOR DEVELOPMENT

    SEC. 301.\69\ BILATERAL GRANT PROGRAM.

      (a) In General.--The President shall establish a program
    under which agricultural commodities are donated in accordance
    with this title to least developed countries. The revenue
    generated by the sale of such commodities in the recipient
    country may be utilized for economic development activities.
    Such program shall be implemented by the Administrator.
    ---------------------------------------------------------------------------
        \69\ 7 U.S.C. 1727.
    ---------------------------------------------------------------------------
      (b) General Authority.--To carry out the policies and
    accomplish the objectives described in section 2, the
    Administrator may negotiate and execute agreements with least
    developed countries to provide commodities to such countries on
    a grant basis.

    SEC. 302.\70\ ELIGIBLE COUNTRIES.

      (a) Least Developed Countries.--A country shall be considered
    to be a least developed country and eligible for the donation
    of agricultural commodities under this title if--
    ---------------------------------------------------------------------------
        \70\ 7 U.S.C. 1727a.
    ---------------------------------------------------------------------------
              (1) such country meets the poverty criteria
            established by the International Bank for
            Reconstruction and Development for Civil Works
            Preference for providing financial assistance; or
              (2) such country is a food deficit country and is
            characterized by high levels of malnutrition among
            significant numbers of its population, as determined by
            the Administrator under subsection (b).
      (b) Indicators of Food Deficit Countries.--To make a finding
    under subsection (a)(2) that a country is a food deficit
    country and is characterized by high levels of malnutrition,
    the Administrator must determine that the country meets all of
    the following indicators of national food deficit and
    malnutrition:
              (1) Calorie consumption.--That the daily per capita
            calorie consumption of the country is less than 2300
            calories.
              (2) Food security requirements.--That the country
            cannot meet its food security requirements through
            domestic production or imports due to a shortage of
            foreign exchange earnings.
              (3) Child mortality rate.--That the mortality rate of
            children under 5 years of age in the country is in
            excess of 100 per 1000 births.
      (c) Priority.--In determining whether and to what extent
    agricultural commodities shall be made available to least
    developed countries under this title, the Administrator shall
    give priority to countries that--
              (1) demonstrate the greatest need for food;
              (2) demonstrate the capacity to use food assistance
            effectively;
              (3) have demonstrated a commitment to policies to
            promote food security, including policies to reduce
            measurably hunger and malnutrition through efforts such
            as establishing and institutionalizing supplemental
            nutrition programs targeted to reach those who are
            nutritionally at risk; and
              (4) have a long-term plan for broad-based, equitable,
            and sustainable development.

    SEC. 303.\71\ GRANT PROGRAMS.

      To carry out the policies and accomplish the objectives
    described in section 2, the Administrator may negotiate and
    execute agreements with least developed countries to provide
    commodities to such countries on a grant basis either through
    the Commodity Credit Corporation or through private trade
    channels.
    ---------------------------------------------------------------------------
        \71\ 7 U.S.C. 1727b.
    ---------------------------------------------------------------------------

    SEC. 304.\72\ DIRECT USES OR SALES OF COMMODITIES.

      Agricultural commodities provided to a least developed
    country under this section--
    ---------------------------------------------------------------------------
        \72\ 7 U.S.C. 1727c.
    ---------------------------------------------------------------------------
              (1) may be used in such country for--
                      (A) direct feeding programs, including
                    programs that include activities that deal
                    directly with the special health needs of
                    children and mothers consistent with section
                    104(c)(2) of the Foreign Assistance Act of 1961
                    (22 U.S.C. 2151b(c)(2)), relating to the Child
                    Survival Fund; or
                      (B) the development of emergency food
                    reserves; or
              (2) may be sold in such country by the government of
            the country or the Administrator (or their designees)
            as provided in the agreement, and the proceeds of such
            sale used in accordance with this title.

    SEC. 305.\73\ LOCAL CURRENCY ACCOUNTS.

      (a) Retention of Proceeds.--To the extent determined to be
    appropriate by the Administrator, revenues generated from the
    sale, under section 304(2), of agricultural commodities
    provided under this title shall be deposited into a separate
    account (that may be interest bearing) in the recipient country
    to be disbursed for the benefit of such country in accordance
    with local currency agreements entered into between the
    recipient country and the Administrator. The Administrator may
    determine not to deposit such revenues in a separate account
    if--
    ---------------------------------------------------------------------------
        \73\ 7 U.S.C. 1727d.
    ---------------------------------------------------------------------------
              (1) local currencies are to be programmed for
            specific economic development purposes listed in
            section 306(a); and
              (2) the recipient country programs an equivalent
            amount of money for such purposes as specified in an
            agreement entered into by the Administrator and the
            recipient country.
      (b) Ownership and Programming of Accounts.--The proceeds of
    sales pursuant to section 304(2) shall be the property of the
    recipient country or the United States, as specified in the
    applicable agreement. Such proceeds shall be utilized for the
    benefit of the recipient country, shall be jointly programmed
    by the Administrator and the government of the recipient
    country, and shall be disbursed for the benefit of such country
    in accordance with local currency agreements between the
    Administrator and that government.
      (c) Overall Development Strategy.--The Administrator shall
    consider the local currency proceeds as an integral part of the
    overall development strategy of the Agency for International
    Development and the recipient country.

    SEC. 306.\74\ USE OF LOCAL CURRENCY PROCEEDS.

      (a) In General.--The local currency proceeds of sales
    pursuant to section 304(2) shall be used in the recipient
    country for specific economic development purposes, including--
    ---------------------------------------------------------------------------
        \74\ 7 U.S.C. 1727e.
    ---------------------------------------------------------------------------
              (1) the promotion of specific policy reforms to
            improve food security and agricultural development
            within the country and to promote broad-based,
            equitable, and sustainable development;
              (2) the establishment of development programs,
            projects, and activities that promote food security,
            alleviate hunger, improve nutrition, and promote family
            planning, maternal and child health care, oral
            rehydration therapy, and other child survival
            objectives consistent with section 104(c)(2) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(2)),
            relating to the Child Survival Fund;
              (3) the promotion of increased access to food
            supplies through the encouragement of specific policies
            and programs designed to increase employment and
            incomes within the country;
              (4) the promotion of free and open markets through
            specific policies and programs;
              (5) support for United States private voluntary
            organizations and cooperatives and encouragement of the
            development and utilization of indigenous
            nongovernmental organizations;
              (6) the purchase of agricultural commodities
            (including transportation and processing costs)
            produced in the country--
                      (A) to meet urgent or extraordinary relief
                    requirements in the country or in neighboring
                    countries; or
                      (B) to develop emergency food reserves;
              (7) the purchase of goods and services (other than
            agricultural commodities and related services) to meet
            urgent or extraordinary relief requirements;
              (8) the payment, to the extent practicable, of the
            costs of carrying out the program authorized in title
            V;
              (9) private sector development activities designed to
            further the policies set forth in section 2, including
            loans to financial intermediaries for use in making
            loans to private individuals, cooperatives,
            corporations, or other entities;
              (10) activities of the Peace Corps that relate to
            agricultural production;
              (11) the development of rural infrastructure such as
            roads, irrigation systems, and electrification to
            enhance agricultural production;
              (12) research on malnutrition and its causes, as well
            as research relating to the identification and
            application of policies and strategies for targeting
            resources made available under this section to address
            the problem of malnutrition; and
              (13) support for research (including collaborative
            research which is mutually beneficial to the United
            States and the recipient country), education, and
            extension activities in agricultural sciences.
    Section 1306 of title 31, United States Code, shall not apply
    to the use under this subsection of local currency proceeds
    that are owned by the United States.
      (b) \75\ Support of Non-Governmental Organizations.--To the
    extent practicable, not less than 10 percent of the amounts
    contained in an account established for a recipient country
    under section 305(a) shall be used by such country to support
    the development and utilization of \76\ nongovernmental
    organizations and cooperatives that are active in rural
    development, agricultural education, sustainable agricultural
    production, other measures to assist poor people, and
    environmental protection projects within such country.
    ---------------------------------------------------------------------------
        \75\ Sec. 211(a)(1) of Public Law 104-127 (110 Stat. 955) struck
    out ``Indigenous'' before ``Non-Governmental'' in the subsection
    heading.
        \76\ Sec. 211(a)(2) of Public Law 104-127 (110 Stat. 955) struck
    out ``indigenous'' before ``nongovernmental organizations''.
    ---------------------------------------------------------------------------
      (c) Investment of Local Currencies by Nongovernmental
    Organizations.--A nongovernmental organization may invest local
    currencies that accrue to that organization as a result of
    assistance under subsection (a), and any interest earned on
    such investment may be used for the purpose for which the
    assistance was provided to that organization without further
    appropriation by the Congress.
      (d) Support for Certain Educational Institutions.--If the
    Administrator determines that local currencies deposited in a
    special account pursuant to this title are not needed for any
    of the activities prescribed in paragraphs (1) through (13) of
    subsection (a) or for any other specific economic development
    purpose in the recipient country, the Administrator may use
    those currencies to provide support for any institution (other
    than an institution whose primary purpose is to provide
    religious education) located in the recipient country that
    provides education in agricultural sciences or other
    disciplines for a significant number of United States nationals
    (who may include members of the United States Armed Forces or
    the Foreign Service or dependents of such members).

                 TITLE IV--GENERAL AUTHORITIES AND REQUIREMENTS

    SEC. 401.\77\ COMMODITY DETERMINATIONS.

        (a) Availability of Commodities.--No agricultural commodity
    shall be available for disposition under this Act if the
    Secretary determines that the disposition would reduce the
    domestic supply of the commodity below the supply needed to
    meet domestic requirements and provide adequate carryover (as
    determined by the Secretary), unless the Secretary determines
    that some part of the supply should be used to carry out urgent
    humanitarian purposes under this Act.
    ---------------------------------------------------------------------------
        \77\ 7 U.S.C. 1731. Sec. 212 of Public Law 104-127 (110 Stat. 955)
    amended and restated subsec. (a), struck out subsecs. (b) through (d),
    and redesignated subsecs. (e) and (f) as subsecs. (b) and (c). Former
    subsecs. (b) through (d) read as follows:
        ``(a) Available Commodities.--After consulting with other agencies
    of the Federal Government affected and within policies established by
    the President for implementing this Act, and after taking into
    consideration productive capacity, domestic requirements, farm and
    consumer price levels, commercial exports, and adequate carryover, the
    Secretary shall determine, prior to the beginning of each fiscal year,
    the agricultural commodities and quantities thereof available for
    disposition under this Act.
        ``(b) Modification.--The Secretary may, during the fiscal year,
    modify a determination made under subsection (a) if the Secretary
    provides to the Congress prior notice of that modification (including a
    statement of the reasons for the modification).
        ``(c) Commodities Not Available.--No commodity shall be available
    for disposition under this Act if such disposition would reduce the
    domestic supply of such commodity below that needed to meet domestic
    requirements, adequate carryover, and anticipated exports for dollars
    as determined by the Secretary, unless the Secretary determines that
    some part of the supply should be used to carry out urgent humanitarian
    purposes under this Act.
        ``(d) Policies for Implementing Act.--The Secretary shall, to the
    extent practicable, seek to maintain a stable level of available
    agricultural commodities under this Act of the kind and type needed to
    provide food assistance to developing countries and should attempt to
    make such commodities available to the degree necessary to fulfill
    multi-year agreements entered into under this Act.''.
    ---------------------------------------------------------------------------
      (b) \77\ Ineligible Commodities.--
              (1) Alcoholic beverages.--Alcoholic beverages shall
            not be made available for disposition under this Act.
              (2) Tobacco.--Tobacco or the products thereof shall
            not be made available under section 303 or title II of
            this Act.
      (c) \77\ Market Development Activities.--Subsection (b)(1)
    \78\ shall not be construed to prohibit representatives of the
    United States wine, beer, distilled spirits, or other alcoholic
    beverage industry from participating in agricultural market
    development activities carried out by the Secretary with
    foreign currencies made available under title I of this Act.
    ---------------------------------------------------------------------------
        \78\ Sec. 212(3) of Public Law 104-127 (110 Stat. 956) struck out
    ``(e)(1)'' and inserted in lieu thereof ``(b)(1)''.
    ---------------------------------------------------------------------------

    SEC. 402.\79\ DEFINITIONS.

      As used in this Act:
    ---------------------------------------------------------------------------
        \79\ 7 U.S.C. 1732.
    ---------------------------------------------------------------------------
              (1) Administrator.--The term ``Administrator'' means
            the Administrator of the Agency for International
            Development, unless otherwise specified in this Act.
              (2) Agricultural commodity.--The term ``agricultural
            commodity'', unless otherwise provided for in this Act,
            includes any agricultural commodity or the products
            thereof produced in the United States, including wood
            and processed wood products, fish, and livestock as
            well as value-added, fortified, or high-value
            agricultural products. Effective beginning on October
            1, 1991, for purposes of title II, a product of an
            agricultural commodity shall not be considered to be
            produced in the United States if it contains any
            ingredient that is not produced in the United States,
            if that ingredient is produced and is commercially
            available in the United States at fair and reasonable
            prices.
              (3) Cooperative.--The term ``cooperative'' means a
            private sector organization whose members own and
            control the organization and share in its services and
            its profits and that provides business services and
            outreach in cooperative development for its membership.
              (4) Developing country.--The term ``developing
            country'' means a country that has a shortage of
            foreign exchange earnings and has difficulty meeting
            all of its food needs through commercial channels.
              (5) Food security.--The term ``food security'' means
            access by all people at all times to sufficient food
            and nutrition for a healthy and productive life.
              (6) \80\ Nongovernmental organization.--The term
            ``nongovernmental organization'' means an organization
            that works at the local level to solve development
            problems in a foreign country in which the organization
            is located, except that the term does not include an
            organization that is primarily an agency or
            instrumentality of the government of the foreign
            country.
    ---------------------------------------------------------------------------
        \80\ Sec. 211(b) of Public Law 104-127 (110 Stat. 955) amended and
    restated para. (6). It formerly read as follows:
        ``(6) Indigenous nongovernmental organization.--The term
    `indigenous nongovernmental organization' means an organization that
    operates under the laws of the recipient country, or that has its
    principal place of activity in such country, and that works at the
    local level to solve development problems in the foreign country in
    which it is located, except that the term does not include an
    organization that is primarily an agent or instrumentality of the
    foreign government.''.
    ---------------------------------------------------------------------------
              (7) Private voluntary organization.--The term
            ``private voluntary organization'' means a not-for-
            profit, nongovernmental organization (in the case of a
            United States organization, an organization that is
            exempt from Federal income taxes under section
            501(c)(3) of the Internal Revenue Code of 1986) that
            receives funds from private sources, voluntary
            contributions of money, staff time, or in-kind support
            from the public, and that is engaged in or is planning
            to engage in voluntary, charitable, or development
            assistance activities (other than religious
            activities).
              (8) Secretary.--The term ``Secretary'' means the
            Secretary of Agriculture, unless otherwise specified in
            this Act.

    SEC. 403.\81\ GENERAL PROVISIONS.

      (a) Prohibition.--No agricultural commodity shall be made
    available under this Act unless it is determined that--
    ---------------------------------------------------------------------------
        \81\ 7 U.S.C. 1733.
    ---------------------------------------------------------------------------
              (1) adequate storage facilities will be available in
            the recipient country at the time of the arrival of the
            commodity to prevent the spoilage or waste of the
            commodity; and
              (2) the distribution of the commodity in the
            recipient country will not result in a substantial
            disincentive to or interference with domestic
            production or marketing in that country.
      (b) \82\ Impact on Local Farmers and Economy.--The Secretary
    or the Administrator, as appropriate, shall \83\ ensure that
    the importation of United States agricultural commodities and
    the use of local currencies for development purposes will not
    have a disruptive impact on the farmers or the local economy of
    the recipient country.
    ---------------------------------------------------------------------------
        \82\ Sec. 213(1)(A) of Public Law 104-127 (110 Stat. 956) struck
    out the subsec. heading ``Consultations'' and inserted in lieu thereof
    ``Impact on Local Farmers and Economy''.
        \83\ Sec. 213(1)(B) of Public Law 104-127 (110 Stat. 956) struck
    out ``consult with representatives from the International Monetary
    Fund, the International Bank for Reconstruction and Development, the
    World Bank, and other donor organizations to'' after ``shall''.
    ---------------------------------------------------------------------------
      (c) Transshipment.--The Secretary or the Administrator, as
    appropriate, shall, under such terms and conditions as are
    determined to be appropriate, require commitments \84\ designed
    to prevent or restrict the resale or transshipment to other
    countries, or use \85\ for other than domestic purposes, of
    agricultural commodities donated or purchased under this Act.
    ---------------------------------------------------------------------------
        \84\ Sec. 213(2)(A) of Public Law 104-127 (110 Stat. 956) struck
    out ``from countries'' after ``commitments''.
        \85\ Sec. 213(2)(B) of Public Law 104-127 (110 Stat. 956) struck
    out ``for use'' and inserted in lieu thereof ``or use''.
    ---------------------------------------------------------------------------
      (d) Private Trade Channels and Small Business.--Private trade
    channels shall be used under this Act to the maximum extent
    practicable in the United States and in the recipient countries
    with respect to--
              (1) sales from privately owned stocks;
              (2) sales from stocks owned by the Commodity Credit
            Corporation; and
              (3) donations.
    Small businesses shall be provided adequate and fair
    opportunity to participate in such sales.
      (e) World Prices.--(1) In General.--In carrying \86\ out this
    Act, reasonable precautions shall be taken to assure that sales
    or donations of agricultural commodities will not unduly
    disrupt world prices for agricultural commodities or normal
    patterns of commercial trade with foreign countries.
    ---------------------------------------------------------------------------
        \86\ Sec. 3009(a)(1)(A) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 283) struck out ``In
    carrying'' and inserted in lieu thereof ``(1) In General.--In
    carrying''.
    ---------------------------------------------------------------------------
        (2) \87\ Sale price.--Sales of agricultural commodities
    described in paragraph (1) shall be made at a reasonable market
    price in the economy where the agricultural commodity is to be
    sold, as determined by the Secretary or the Administrator, as
    appropriate.
    ---------------------------------------------------------------------------
        \87\ Sec. 3009(a)(1)(B) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 283) added para. (2).
    ---------------------------------------------------------------------------
      (f) Publicity.--Commitments shall be obtained from countries
    or private entities, as appropriate,\88\ receiving commodities
    under this Act that such countries or private entities \89\
    will widely publicize, to the extent practicable, through the
    use of the public media and through other means, that such
    commodities are being provided through the friendship of the
    American people as food for peace.
    ---------------------------------------------------------------------------
        \88\ Sec. 213(3)(A) of Public Law 104-127 (110 Stat. 956) inserted
    ``or private entities, as appropriate'' after ``from countries''.
        \89\ Sec. 213(3)(B) of Public Law 104-127 (110 Stat. 956) inserted
    ``or private entities'' after ``such countries''.
    ---------------------------------------------------------------------------
      (g) Participation of Private Sector.--The Secretary or the
    Administrator, as appropriate, shall encourage the private
    sector of the United States and private importers in developing
    countries to participate in the programs established under this
    Act.
      (h) Safeguard Usual Marketings.--In carrying out this Act,
    reasonable precautions shall be taken to safeguard the usual
    marketings of the United States and to avoid displacing any
    sales of the United States agricultural commodities that the
    Secretary or Administrator determines would otherwise be made.
      (i) Military Distribution of Food Aid.--
              (1) In general.--The Secretary or the Administrator,
            as appropriate, shall attempt to ensure that
            agricultural commodities made available under this Act
            will be provided without regard to the political
            affiliation, geographic location, ethnic, tribal, or
            religious identity of the recipient or without regard
            to other extraneous factors.
              (2) \90\ Prohibition on handling of commodities by
            the military.--
    ---------------------------------------------------------------------------
        \90\ Sec. 213(4) of Public Law 104-127 (110 Stat. 956) struck out
    subpara. (C), which had required the Secretary or Administrator to
    report to Congress within 30 days of an authorization under subpara.
    (B).
    ---------------------------------------------------------------------------
                      (A) In general.--Except as provided in
                    subparagraph (B), the Secretary or the
                    Administrator, as appropriate, shall not enter
                    into an agreement under this Act to provide
                    agricultural commodities if such agreement
                    requires or permits the distribution, handling,
                    or allocation of such commodities by the
                    military forces of any government or insurgent
                    group.
                      (B) Exception.--Notwithstanding subparagraph
                    (A), the Secretary or the Administrator, as
                    appropriate, may authorize the handling or
                    distribution of commodities by the military
                    forces of a country in exceptional
                    circumstances in which--
                              (i) nonmilitary channels are not
                            available for such handling or
                            distribution;
                              (ii) such action is consistent with
                            the requirements of paragraph (1); and
                              (iii) the Secretary or the
                            Administrator, as appropriate,
                            determines that such action is
                            necessary to meet the emergency health,
                            safety, or nutritional requirements of
                            the recipient population.
              (3) Encouragement of safe passage.--When entering
            into agreements under this Act that involve areas
            within recipient countries that are experiencing
            protracted warfare or civil strife, the Secretary or
            the Administrator, as appropriate, shall, to the extent
            practicable, encourage all parties to the conflict to
            permit safe passage of the commodities and other relief
            supplies and to establish safe zones for medical and
            humanitarian treatment and evacuation of injured
            persons.
      (j) \91\ Violations of Human Rights.--
    ---------------------------------------------------------------------------
        \91\ Sec. 4(b) of Executive Order No. 12752 of February 25, 1991
    (56 F.R. 8255; February 27, 1991) (redesignated as sec. 4(a) by
    Executive Order 13044 of April 18, 1997), delegated to the Secretary of
    State the function conferred to the President in sec. 403(j).
    ---------------------------------------------------------------------------
              (1) Ineligible countries.--The Secretary or the
            Administrator, as appropriate, shall not enter into any
            agreement under this Act to provide agricultural
            commodities, or to finance the sale of agricultural
            commodities, to the government of any country
            determined by the President to engage in a consistent
            pattern of gross violations of internationally
            recognized human rights, including--
                      (A) the torture or cruel, inhuman, or
                    degrading treatment or punishment of
                    individuals;
                      (B) the prolonged detention of individuals
                    without charges;
                      (C) the responsibility for causing the
                    disappearance of individuals through the
                    abduction and clandestine detention of such
                    individuals; or
                      (D) other flagrant denials of the right to
                    life, liberty, and the security of persons.
              (2) Waiver.--Paragraph (1) shall not prohibit the
            provision of assistance to such a country if the
            assistance is targeted to the most needy people in such
            country and is made available in such country through
            channels other than the government.
      (k) Abortion Prohibition.--Local currencies that are made
    available for use under this Act may not be used to pay for the
    performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions.
        (l) \92\ Sale Procedure.--
    ---------------------------------------------------------------------------
        \92\ Sec. 3009(a)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 283) added subsec. (l).
    ---------------------------------------------------------------------------
              (1) In general.--Subsections (b) and (h) shall apply
            to sales of commodities in recipient countries to
            generate proceeds to carry out projects under--
                      (A) titles I and II;
                      (B) section 416(b) of the Agricultural Act of
                    1949 (7 U.S.C. 1431(b)); and
                      (C) the Food for Progress Act of 1985 (7
                    U.S.C. 1736o).
              (2) Currency.--A sale described in paragraph (1) may
            be made in United States dollars or other currencies.

    SEC. 404.\93\ AGREEMENTS.

      (a) In General.--Before entering into agreements with foreign
    countries \94\ under titles I and III for the provision of
    commodities, the Secretary or the Administrator, as
    appropriate, shall consider the extent to which the recipient
    country is undertaking measures for economic development
    purposes in order to improve food security and agricultural
    development, alleviate poverty, and promote broad-based,
    equitable, and sustainable development.
    ---------------------------------------------------------------------------
        \93\ 7 U.S.C. 1734.
        \94\ Sec. 214(1) of Public Law 104-127 (110 Stat. 956) inserted
    ``with foreign countries'' after ``into agreements''.
    ---------------------------------------------------------------------------
      (b) Terms of Agreement.--An agreement entered into under this
    Act shall--
              (1) include an estimate of the annual value or volume
            of agricultural commodities proposed to be made
            available to the country or eligible organization under
            the agreement;
              (2) with respect to agreements entered into with
            foreign countries \95\ under titles I and III, include
            a statement of the manner in which the agricultural
            commodities provided under the agreement or the
            revenues generated by the sale of such commodities (if
            such commodities are sold), will be integrated into the
            overall development plans of the country to improve
            food security and agricultural development, alleviate
            poverty, and promote broad-based, equitable, and
            sustainable agriculture and broad-based economic
            growth; \96\
    ---------------------------------------------------------------------------
        \95\ Sec. 214(2)(A) of Public Law 104-127 (110 Stat. 956) inserted
    ``with foreign countries'' after ``agreements entered into''.
        \96\ Sec. 214(2)(B) of Public Law 104-127 (110 Stat. 956) inserted
    ``and broad-based economic growth'' before the semicolon.
    ---------------------------------------------------------------------------
              (3) with respect to agreements entered into under
            titles I and III, include a statement of the manner in
            which competitive private sector participation within
            the recipient country in the storage, marketing,
            transportation, and distribution of agricultural
            commodities made available under this Act will be
            encouraged;
              (4) include a statement that such agreement shall be
            subject to the availability, during each fiscal year to
            which the agreement applies, of the necessary
            appropriations and agricultural commodities; and
              (5) contain such other terms and conditions as the
            Secretary or the Administrator, as appropriate,
            determines to be necessary.
      (c) Multi-year Agreements.--
              (1) \97\ In general.--Agreements to provide
            assistance on a multi-year basis to recipient countries
            or to eligible organizations--
    ---------------------------------------------------------------------------
        \97\ Sec. 214(3) of Public Law 104-127 (110 Stat. 956) amended and
    restated para. (1), which formerly read as follow:
        ``(1) In general.--Agreements to provide assistance on a multi-year
    basis under this Act shall be made available to recipient countries or
    to eligible organizations.''.
    ---------------------------------------------------------------------------
                      (A) may be made available under titles I and
                    III; and
                      (B) shall be made available under title II.
              (2) Exception.--The Secretary or the Administrator,
            as appropriate, may determine not to make assistance
            available on a multi-year basis with respect to a
            recipient country or an eligible organization if it is
            determined that assistance should be provided to such
            country or through such organization only on an annual
            basis because--
                      (A) the past performance of the country or
                    organization in meeting program objectives does
                    not warrant a multi-year agreement;
                      (B) it is anticipated that the need of the
                    country or organization for food aid does not
                    extend beyond 1 year; or
                      (C) other circumstances, as determined by the
                    Secretary or the Administrator, as appropriate,
                    indicate there is only a need for a 1 year
                    agreement.
      (d) Review of Agreements.--The Secretary or the
    Administrator, as appropriate, may make a determination to
    terminate, or refuse to enter into, a multi-year agreement with
    respect to a recipient country if the Secretary or the
    Administrator determines that such country is not fulfilling
    the objectives or requirements of this Act. In making such a
    determination, the Secretary or the Administrator, as
    appropriate, may consider the extent to which the country is--
              (1) making significant economic development reforms;
              (2) promoting free and open markets for food and
            agricultural producers; and
              (3) fostering increased food security.

    SEC. 405.\98\ CONSULTATION.

      The Secretary and the Administrator shall cooperate and
    consult in the implementation of this Act.
    ---------------------------------------------------------------------------
        \98\ 7 U.S.C. 1735.
    ---------------------------------------------------------------------------

    SEC. 406.\99\ USE OF COMMODITY CREDIT CORPORATION.

      (a) In General.--The Commodity Credit Corporation may \100\
    acquire and make available such agricultural commodities (that
    have been determined to be available under section 401(a)) as
    necessary to carry out agreements under this Act.
    ---------------------------------------------------------------------------
        \99\ 7 U.S.C. 1736.
        \100\ Sec. 215(1) of Public Law 104-127 (110 Stat. 956) struck out
    ``shall'' and inserted in lieu thereof ``may''.
    ---------------------------------------------------------------------------
      (b) Included Expenses.--With respect to commodities made
    available under titles II and III,\101\ the Commodity Credit
    Corporation may pay--
    ---------------------------------------------------------------------------
        \101\ Sec. 215(2)(A) of Public Law 104-127 (110 Stat. 956) struck
    out ``this Act'' and inserted in lieu thereof ``titles II and III''.
    ---------------------------------------------------------------------------
              (1) the cost of acquiring such commodities;
              (2) the costs associated with packaging, enrichment,
            preservation, and fortification of such commodities;
              (3) the processing, transportation, handling, and
            other incidental costs up to the time of the delivery
            of such commodities free on board vessels in United
            States ports;
              (4) \102\ the vessel freight charges from United
            States ports or designated Canadian transshipment
            ports, as determined by the Secretary, to designated
            ports of entry abroad;
    ---------------------------------------------------------------------------
        \102\ Sec. 215(2)(B) of Public Law 104-127 (110 Stat. 956) struck
    out and restated para. (4). It formerly read as follows:
        ``(4) the ocean freight charges from United States ports to
    designated ports of entry abroad;''.
    ---------------------------------------------------------------------------
              (5) the costs associated with transporting such
            commodities from United States ports to designated
            points of entry abroad in the case--
                      (A) of landlocked countries;
                      (B) of ports that cannot be used effectively
                    because of natural or other disturbances;
                      (C) of the unavailability of carriers to a
                    specific country; or
                      (D) of substantial savings in costs or time
                    \103\ that may be effected by the utilization
                    of points of entry other than ports;
    ---------------------------------------------------------------------------
        \103\ Sec. 323 of Public Law 102-237 (105 Stat. 1857) struck out
    ``items'' and inserted in lieu thereof ``time''.
    ---------------------------------------------------------------------------
              (6) in the case of commodities for urgent and
            extraordinary relief requirements (including pre-
            positioned commodities) the transportation costs
            incurred in moving the commodities from designated
            points of entry or ports of entry abroad to storage and
            distribution sites and associated storage and
            distribution costs; and
              (7) the charges for general average contributions
            arising out of the ocean transport of commodities
            transferred pursuant thereto.
      (c) Commodity Credit Corporation.--The funds, facilities, and
    authorities of the Commodity Credit Corporation may be used to
    carry out this Act.

    SEC. 407.\104\,}\105\ ADMINISTRATIVE PROVISIONS.

      (a) Title I Programs.--
    ---------------------------------------------------------------------------
        \104\ 7 U.S.C. 1736a.
        \105\ Sec. 1011(e) of Public Law 104-66 (109 Stat. 709) struck out
    subsec. (b) of this section, which had required that fees paid to
    agents of an importing country by suppliers otherwise financed by the
    Commodity Credit Corporation under title I shall be reported to the
    Secretary by the suppliers. The amendment also redesignated subsecs.
    (c) through (h) as subsecs. (b) through (g). Subsec. (g) was struck out
    by sec. 216(5) of Public Law 104-127 (110 Stat. 957). The amendment was
    made to subsec. (h), but is probably intended for subsec. (g) as
    redesignated by Public Law 104-66, and is incorporated as such an
    amendment. Subsec. (g) had required that the President report annually
    to Congress on progress toward food security in each country receiving
    U.S. Government food assistance.
    ---------------------------------------------------------------------------
              (1) Acquisitions.--The importing country or private
            entity that enters into an agreement under title I
            \106\ shall acquire the agricultural commodities to be
            financed under title I.
    ---------------------------------------------------------------------------
        \106\ Sec. 216(1)(A) of Public Law 104-127 (110 Stat. 957) inserted
    ``or private entity that enters into an agreement under title I'' after
    ``importing country''.
    ---------------------------------------------------------------------------
              (2) Invitation for bid.--No purchase of agricultural
            commodities from private stock or purchase of ocean
            transportation shall be financed under title I unless
            such purchases are made on the basis of an invitation
            for bid that is publicly advertised in the United
            States, and on the basis of bid offerings that shall
            conform to such invitation and be received and publicly
            opened in the United States. All awards in the purchase
            of commodities or ocean transportation financed under
            title I shall be considered with open, competitive, and
            responsive bid procedures, as determined appropriate by
            the Secretary. Resulting contracts may contain such
            terms and conditions as the Secretary determines are
            necessary and appropriate.\107\
    ---------------------------------------------------------------------------
        \107\ Sec. 216(A)(2) of Public Law 104-127 (110 Stat. 957) added
    the last sentence.
    ---------------------------------------------------------------------------
      (b) \105\ Agents.--
              (1) Authority of the Secretary or Commodity Credit
            Corporation.--
                      (A) General rule.--Except as provided in
                    subparagraph (B), if it is determined
                    appropriate, the Secretary or the Commodity
                    Credit Corporation may serve as the purchasing
                    or shipping agent, or both, for the importer or
                    \108\ importing country in arranging the
                    purchase or shipping of commodities financed
                    under title I.\109\
    ---------------------------------------------------------------------------
        \108\ Sec. 216(2)(A) of Public Law 104-127 (110 Stat. 957) inserted
    ``importer or'' before ``importing country''. The amendment was made to
    subsec. (c), but is probably intended for subsec. (b) as redesignated
    by Public Law 104-66, and is incorporated as such an amendment.
        \109\ Sec. 324 of Public Law 102-237 (105 Stat. 1857) struck out
    ``this section'' and inserted in lieu thereof ``title I''.
    ---------------------------------------------------------------------------
                      (B) Exception.--Notwithstanding subparagraph
                    (A), the Secretary or the Commodity Credit
                    Corporation may award, under a competitive
                    bidding process, contracts for establishing
                    freight agents who shall act on behalf of the
                    Secretary or the Corporation to handle the
                    shipping of commodities financed under this
                    Act.
                      (C) Avoidance of conflict of interest of
                    contractors.--Freight agents employed by the
                    Secretary or the Commodity Credit Corporation
                    under title I shall not represent any \110\
                    foreign government during the period of their
                    contract with the United States Government.
    ---------------------------------------------------------------------------
        \110\ Sec. 325 of Public Law 102-237 (105 Stat. 1857) struck out
    ``other''.
    ---------------------------------------------------------------------------
              (2) Reasonable fees and commissions.--
                      (A) Fees.--Notwithstanding any other
                    provision of law, the Secretary or the
                    Commodity Credit Corporation may enter into an
                    agreement with the importer or \111\ importing
                    country that contains the terms and conditions
                    that will govern the provision of purchasing or
                    shipping agent services by the Secretary or the
                    Corporation, including the establishment of
                    fees for such services. Any such fees shall be
                    fair and reasonable in relation to the services
                    performed and shall be available as
                    reimbursement for costs incurred in providing
                    such services.
    ---------------------------------------------------------------------------
        \111\ Sec. 216(2)(A) of Public Law 104-127 (110 Stat. 957) inserted
    ``importer or'' before ``importing country''. The amendment was made to
    subsec. (c), but is probably intended for subsec. (b) as redesignated
    by Public Law 104-66, and is incorporated as such an amendment.
    ---------------------------------------------------------------------------
                      (B) Prohibition on commissions.--Commissions,
                    fees, or other payments to any selling agent or
                    to any agent of a purchaser shall be prohibited
                    in the purchase of agricultural commodities
                    that are financed under title I of \112\ this
                    Act.
    ---------------------------------------------------------------------------
        \112\ Sec. 319 of Public Law 102-237 (105 Stat. 1857) inserted
    ``title I of'' before ``this Act'' in sec. 407(c)(2)(B) and (c)(3).
    ---------------------------------------------------------------------------
              (3) Limitations.--No commission, fees, or other
            payments to an agent, broker, consultant, or other
            representative of the importer or importing country for
            ocean transportation brokerage services in connection
            with the carriage of commodities provided under title I
            of \112\ this Act may--
                      (A) be paid in excess of an amount determined
                    appropriate by the Secretary; and
                      (B) be shared by such person with the
                    importer or importing country or any agent
                    thereof.
              (4) Avoidance of conflict of interest.--A person may
            not be an agent, broker, consultant, or other
            representative of the United States Government, an
            importer, or an importing country in connection with
            agricultural commodities provided under this Act during
            a fiscal year in which such person provides or \113\
            acts as an agent, broker, consultant, or other
            representative of a person \114\ engaged in providing
            ocean transportation-related services for such
            commodities. For the purpose of this paragraph, the
            term ``transportation-related services'' means
            lightening, stevedoring, bagging, or inland
            transportation to the destination point.
    ---------------------------------------------------------------------------
        \113\ Sec. 328(a)(1) of Public Law 102-237 (105 Stat. 1828)
    inserted ``provides or'' after ``in which such person''.
        \114\ Sec. 328(a)(2) of Public Law 102-237 (105 Stat. 1828) struck
    out ``if the person is'' and inserted in lieu thereof ``of a person''.
    ---------------------------------------------------------------------------
      (c) \105\, \115\ Title II and III Program.--
    ---------------------------------------------------------------------------
        \115\ Sec. 216(3)(B) of Public Law 104-127 (110 Stat. 957) struck
    out para. (4) to this section. The amendment was made to subsec. (d),
    but is probably intended for subsec. (c) as redesignated by Public Law
    104-66, and is incorporated as such an amendment. Former para. (4) read
    as follows:
        ``(4) Ocean transportation services.--Notwithstanding any provision
    of the Federal Property and Administrative Services Act of 1949 (40
    U.S.C. 471 et seq.) or other similar provisions relating to the making
    or performance of Federal Government contracts, the Administrator may
    procure ocean transportation services under this Act under such full
    and open competitive procedures as the Administrator determines are
    necessary and appropriate.''.
    ---------------------------------------------------------------------------
              (1) Acquisition.--(A) In general.--The Administrator
            \116\ shall transfer, arrange for the transportation,
            and take other steps necessary to make available
            agricultural commodities to be provided under title II
            and title III.
    ---------------------------------------------------------------------------
        \116\ Sec. 3011(1) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 284) struck out ``The
    Administrator'' and inserted in lieu thereof ``(A) In general.--The
    Administrator''.
    ---------------------------------------------------------------------------
              (B) \117\ Certain commodities made available for
            nonemergency assistance.--In the case of agricultural
            commodities made available for nonemergency assistance
            under title II for least developed countries that meet
            the poverty and other eligibility criteria established
            by the International Bank for Reconstruction and
            Development for financing under the International
            Development Association, the Administrator may pay the
            transportation costs incurred in moving the
            agricultural commodities from designated points of
            entry or ports of entry abroad to storage and
            distribution sites and associated storage and
            distribution costs.
    ---------------------------------------------------------------------------
        \117\ Sec. 3011(2) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 284) added subpara. (B).
    ---------------------------------------------------------------------------
              (2) \118\ Freight procurement.--Notwithstanding the
            Federal Property and Administrative Services Act of
            1949 (40 U.S.C. 471 et seq.) or other similar
            provisions of law relating to the making or performance
            of Federal Government contracts, ocean transportation
            under titles II and III may be procured on the basis of
            full and open competitive procedures. Resulting
            contracts may contain such terms and conditions as the
            Administrator determines are necessary and appropriate.
    ---------------------------------------------------------------------------
        \118\ Sec. 216(3)(A) of Public Law 104-127 (110 Stat. 957) struck
    out and restated para. (2). The amendment was made to subsec. (d), but
    is probably intended for subsec. (c) as redesignated by Public Law 104-
    66, and is incorporated as such an amendment. Former para. (2) read as
    follows:
        ``(2) Full and open competition.--No purchase of agricultural
    commodities from private stocks or purchase of ocean transportation
    services by the United States Government shall be financed under titles
    II and III unless such purchases are made on the basis of full and open
    competition utilizing such procedures as are determined necessary and
    appropriate by the Administrator.''.
    ---------------------------------------------------------------------------
              (3) Avoidance of conflict of interest.--Freight
            agents employed by the Agency for International
            Development under titles II and III shall not represent
            any \119\ foreign government during the period of their
            contract with the United States Government.
    ---------------------------------------------------------------------------
        \119\ Sec. 328(b) of Public Law 102-237 (105 Stat. 1858) struck out
    ``other''.
    ---------------------------------------------------------------------------
              (4) \120\ Prepositioning.--Funds made available for
            fiscal years 2001 through 2007 \121\ to carry out
            titles II and III may be used by the Administrator to
            procure, transport, and store agricultural commodities
            for prepositioning within the United States and in
            foreign countries, except that for each such fiscal
            year not more than $2,000,000 of such funds may be used
            to store agricultural commodities for prepositioning in
            foreign countries.
    ---------------------------------------------------------------------------
        \120\ Sec. 310(b) of the Grain Standards and Warehouse Improvement
    Act of 2000 (Public Law 106-472; 114 Stat. 2076) added para. (4).
        \121\ Sec. 3010 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 284) struck out ``and 2002'' and
    inserted in lieu thereof ``through 2007''.
    ---------------------------------------------------------------------------
      (d) \105\ Timing of Shipments.--In determining the timing of
    the shipment of agricultural commodities to be provided under
    this Act, the Secretary or the Administrator, as appropriate,
    shall consider--
              (1) the time of harvest of any competing commodities
            in the recipient country; and
              (2) such other concerns determined to be appropriate.
      (e) \105\ Deadline for Agreements Under Titles I and III.--An
    agreement under titles I and III shall, to the extent
    practicable, be entered into not later than--
              (1) November 30 of the first fiscal year in which
            agricultural commodities are to be shipped under the
            agreement; or
              (2) 60 days after the date of enactment of the annual
            Rural Development, Agriculture, and Related Agencies
            Appropriations Act for the first fiscal year in which
            agricultural commodities are to be shipped under the
            agreement,
    whichever is later.
      (f) \105\ Annual Reports.--
              (1) In general.--The President shall prepare an
            annual report concerning the programs and activities
            implemented under this Act for the preceding fiscal
            year.
              (2) Contents.--Each report shall include--
                      (A) the countries and organizations receiving
                    food and other assistance provided to each
                    country and organization under this Act;
                      (B) a general description of the projects or
                    activities implemented under this Act,
                    including local currency funded activities;
                    \122\
    ---------------------------------------------------------------------------
        \122\ Sec. 216(4) of Public Law 104-127 (110 Stat. 957) struck out
    ``; and'' at the end of subpara. (B); struck out a period and inserted
    ``; and'' at the end of subpara. (C); and added a new subpara. (D). The
    amendment was made to subsec. (g), but is probably intended for subsec.
    (f) as redesignated by Public Law 104-66, and is incorporated as such
    an amendment.
    ---------------------------------------------------------------------------
                      (C) a statement of the amount of agricultural
                    commodities made available to each country
                    pursuant to section 416(b) of the Agricultural
                    Act of 1949 and the Food for Progress Act of
                    1985; and \122\
                      (D) \122\ an assessment of the progress
                    towards achieving food security in each country
                    receiving food assistance from the United
                    States Government, with special emphasis on the
                    nutritional status of the poorest populations
                    in each country.
              (3) Submission.--The President shall submit such
            report not later than January 15 of each year to the
            Committee on Agriculture and the Committee on Foreign
            Affairs \123\ of the House of Representatives and the
            Committee on Agriculture, Nutrition, and Forestry of
            the Senate.
    ---------------------------------------------------------------------------
        \123\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 408.\124\ EXPIRATION DATE.

      No agreements to finance sales or to provide other assistance
    under this Act shall be entered into after December 31,
    2007.\125\
    ---------------------------------------------------------------------------
        \124\ 7 U.S.C. 1736b.
        \125\ Sec. 3012 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 284) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec. 217 of Public Law
    104-127 (110 Stat. 957) struck out ``1995'' and inserted in lieu
    thereof ``2002''.
        \126\ Formerly at 7 U.S.C. 1736c. Sec. 218 of Public Law 104-127
    (110 Stat. 957) repealed sec. 409, which had provided that ``Not later
    than 180 days after November 28, 1990, regulations shall be issued to
    implement the provisions of this Act.''.
    ---------------------------------------------------------------------------

    SEC. 409.\126\ * * * [REPEALED--1996]

    SEC. 410.\127\ * * * [REPEALED--1996]

    SEC. 411.\128\ DEBT FORGIVENESS.

      (a) Authority.--The President, taking into account the
    financial resources of a country, may waive payments of
    principal and interest that such country would otherwise be
    required to make to the Commodity Credit Corporation under
    dollar sales agreements under title I \129\ if--
    ---------------------------------------------------------------------------
        \127\ Formerly at 7 U.S.C. 1736d. Sec. 219 of Public Law 104-127
    (110 Stat. 957) repealed sec. 410, which had required that a number of
    programs under this Act be independently evaluated and reported on by
    the U.S. Comptroller General.
        \128\ 7 U.S.C. 1736e. Title II, chapter VIII of Public Law 102-27
    (105 Stat. 147; 7 U.S.C. 1736e note) provided the following:
        ``Title I of Public Law 480 program allowed for the repayment of
    loans for the sale of agricultural commodities in foreign or local
    currencies until December 31, 1971. Since that time, until the law was
    changed in the 1985 farm bill, all sales have been on dollar credit
    terms. In view of the present financial situation, it is impossible for
    many countries to repay their loans in dollars. Therefore, the
    President may use the authority in section 411 and section 604 of the
    Agricultural Trade Development and Assistance Act of 1954 to
    renegotiate the payment on Public Law 480 debt in eligible countries in
    Latin America, the Caribbean and sub-Saharan Africa.''.
        Sec. 4(d) of Executive Order No. 12752 of February 25, 1991 (56
    F.R. 8255; February 27, 1991) (redesignated as sec. 4(b) by Executive
    Order 13044 of April 18, 1997), delegated to the Secretary of
    Agriculture, in consultation with the Food Assistance Policy Council
    and the Department of the Treasury, the functions conferred on the
    President in sec. 411.
        \129\ Sec. 326 of Public Law 102-237 (105 Stat. 1857) struck out
    ``this title'' and inserted in lieu thereof ``title I''.
    ---------------------------------------------------------------------------
              (1) that country is a least developed country; and
              (2) either--
                      (A) an International Monetary Fund standby
                    agreement is in effect with respect to that
                    country;
                      (B) a structural adjustment program of the
                    International Bank for Reconstruction and
                    Development or of the International Development
                    Association is in effect with respect to that
                    country;
                      (C) a structural adjustment facility,
                    enhanced structural adjustment facility, or
                    similar supervised arrangement with the
                    International Monetary Fund is in effect with
                    respect to that country; or
                      (D) even though such an agreement, program,
                    facility, or arrangement is not in effect, the
                    country is pursuing national economic policy
                    reforms that would promote democratic, market-
                    oriented, and long term economic development.
      (b) Request for Debt Relief by President.--The President may
    provide debt relief under subsection (a) only if a notification
    is submitted to Congress at least 10 days prior to providing
    the debt relief.\130\ Such a notification shall--
    ---------------------------------------------------------------------------
        \130\ Sec. 336 of Public Law 102-237 (105 Stat. 1859) inserted ``at
    least 10 days prior to providing the debt relief''.
    ---------------------------------------------------------------------------
              (1) specify the amount of official debt the President
            proposes to liquidate; and
              (2) identify the countries for which debt relief is
            proposed and the basis for their eligibility for such
            relief.
      (c) Appropriations Action Required.--The aggregate amount of
    principal and interest waived under this section may not exceed
    the amount approved for such purpose in an Act appropriating
    funds to carry out this Act.
      (d) Limitation on New Credit Assistance.--If the authority of
    this section is used to waive payments otherwise required to be
    made by a country pursuant to this Act, the President may not
    provide any new credit assistance for that country under this
    Act during the 2-year period beginning on the date such waiver
    authority is exercised, unless the President provides to the
    Congress, before the assistance is provided, a written
    justification for the provision of such new credit assistance.
      (e) Applicability.--The authority of this section applies
    with respect to credit sales agreements entered into before
    November 28, 1990.\131\
    ---------------------------------------------------------------------------
        \131\ Sec. 322 of Public Law 102-237 (105 Stat. 1857) struck out
    ``the date of enactment of this Act'' and inserted in lieu thereof
    ``November 28, 1990''.
    ---------------------------------------------------------------------------

    SEC. 412.\132\ AUTHORIZATION OF APPROPRIATIONS.

      (a) Reimbursement.--There are authorized to be appropriated
    such sums as may be necessary to carry out--
    ---------------------------------------------------------------------------
        \132\ 7 U.S.C. 1736f. Sec. 722 of the Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2006 (Public Law 109-97; 119 Stat. 2152; 7 U.S.C.
    1736f note), provided the following:
        ``sec. 722. Hereafter, notwithstanding section 412 of the
    Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
    1736f), any balances available to carry out title III of such Act as of
    the date of enactment of this Act, and any recoveries and
    reimbursements that become available to carry out title III of such
    Act, may be used to carry out title II of such Act.''.
    ---------------------------------------------------------------------------
              (1) the concessional credit sales program established
            under title I;
              (2) the emergency and private assistance program
            under title II; and
              (3) the grant program established under title III,
    including such amounts as may be required to make payments to
    the Commodity Credit Corporation to the extent the Commodity
    Credit Corporation is not reimbursed under the programs under
    this Act for the actual costs incurred or to be incurred by
    such Corporation in carrying out such programs.
      (b) \133\ Transfer of Funds.--
    ---------------------------------------------------------------------------
        \133\ Sec. 220 of Public Law 104-127 (110 Stat. 958) struck out
    subsecs. (b) and (c), relating to amount limitations and transfer of
    funds, inserted a new subsec. (b), and redesignated subsecs. (d) and
    (e) as subsecs. (c) and (d), respectively.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2)
            and notwithstanding any other provision of law, the
            President may direct that up to 15 percent of the funds
            available for any fiscal year for carrying out any
            title of this Act be used to carry out any other title
            of this Act.
              (2) Title iii funds.--The President may direct that
            up to 50 percent of the funds available for any fiscal
            year for carrying out title III be used to carry out
            title II.
      (c) \133\ Budget.--In presenting the Budget of the United
    States, the President shall classify expenditures under this
    Act as expenditures for international affairs and finance
    rather than for agriculture and agricultural resources.
      (d) \133\ Value of Commodities.--Notwithstanding any other
    provision of law, in determining the reimbursement due the
    Commodity Credit Corporation for all expenses incurred under
    this Act, commodities from the inventory of the Commodity
    Credit Corporation that were acquired under dairy price support
    operations \134\ shall be valued at a price not greater than
    the export market price for such commodities, as determined by
    the Secretary, as of the time such commodity is made available
    under this Act.
    ---------------------------------------------------------------------------
        \134\ Sec. 768 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2001 (Public
    Law 106-387; 114 Stat. 1549A-45), struck out ``title I of the
    Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)'' and inserted in lieu
    thereof ``dairy price support operations''.
    ---------------------------------------------------------------------------

    SEC. 413.\135\ COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.

      To the maximum extent practicable, assistance for a foreign
    country under title III \136\ shall be coordinated and
    integrated with United States development assistance objectives
    and programs for that country and with the overall development
    strategy of that country. Special emphasis should be placed on,
    and funds devoted to, activities that will increase the
    nutritional impact of programs of assistance under title
    III,\136\ and child survival programs and projects, in least
    developed countries by improving the design and implementation
    of such programs and projects.
    ---------------------------------------------------------------------------
        \135\ 7 U.S.C. 1736g.
        \136\ Sec. 221 of Public Law 104-127 (110 Stat. 958) struck out
    ``this Act'' and inserted in lieu thereof ``title III''.
    ---------------------------------------------------------------------------

    SEC. 414.\137\ ASSISTANCE IN FURTHERANCE OF NARCOTICS CONTROL
                        OBJECTIVES OF THE UNITED STATES.

      (a) Substantial Injury.--Local currencies that are made
    available for use under this Act may not be used to finance the
    production for export of agricultural commodities (or products
    thereof) that would compete in the world market with similar
    agricultural commodities (or products thereof) produced in the
    United States, if such competition would cause substantial
    injury to the United States producers, as determined by the
    President.
    ---------------------------------------------------------------------------
        \137\ 7 U.S.C. 1736g-1.
    ---------------------------------------------------------------------------
      (b) Exception for Narcotics Control.--Notwithstanding
    subsection (a), the President may provide assistance under this
    Act, including assistance through the use of local currencies
    generated by the sale of commodities under such Act, for
    economic development activities undertaken in an eligible
    country that is a major illicit drug producing country (as
    defined in section 481(e)(2) \138\ of the Foreign Assistance
    Act of 1961), for the purpose of reducing the dependence of the
    economy of such country on the production of crops from which
    narcotic and psychotropic drugs are derived.
    ---------------------------------------------------------------------------
        \138\ Formerly read ``section 481(i)(2)''. Sec. 6(a) of the
    International Narcotics Control Act of 1992 (Public Law 102-583; 106
    Stat. 4932) provided that ``Any reference in any provision of law
    enacted before the date of enactment of this Act to section 481(e) or
    481(i) of that Act shall be deemed to be a reference to section 489 or
    section 481(e)''.
    ---------------------------------------------------------------------------

    SEC. 415.\139\ MICRONUTRIENT FORTIFICATION PROGRAMS.

        (a) In General.--
    ---------------------------------------------------------------------------
        \139\ 7 U.S.C. 1736g-2. Added by sec. 222 of Public Law 104-127
    (110 Stat. 958). Section catchline was amended by sec. 3013(1) of the
    Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 116
    Stat. 284), which struck out ``pilot program'' and inserted in lieu
    thereof ``programs''.
    ---------------------------------------------------------------------------
              (1) \140\ Programs.--Not later than September 30,
            2003, the Administrator, in consultation with the
            Secretary, shall establish micronutrient fortification
            programs.
    ---------------------------------------------------------------------------
        \140\ Sec. 3013(2)(B) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 284) struck out ``Subject to the
    availability of practical technology and to cost effectiveness, not
    later than September 30, 1997, the Secretary, in consultation with the
    Administrator, shall establish a micronutrient fortification pilot
    program under this Act.'' and inserted in lieu thereof ``(1)
    Programs.--Not later than September 30, 2003, the Administrator, in
    consultation with the Secretary, shall establish micronutrient
    fortification programs.''.
    ---------------------------------------------------------------------------
              (2) \141\ Purpose.--The purpose of a program shall be
            to--
    ---------------------------------------------------------------------------
        \141\ Sec. 3013(2)(C) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 284) struck out ``The purpose of
    the program'' and inserted in lieu thereof ``(2) Purpose.--The purpose
    of a program''.
    ---------------------------------------------------------------------------
                      (A) \142\ assist developing countries in
                    correcting micronutrient dietary deficiencies
                    among segments of the populations of the
                    countries; \143\
    ---------------------------------------------------------------------------
        \142\ Sec. 3013(2)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 284) redesignated paras. (1) and
    (2) as subparas. (A) and (B), and adjusted indentation.
        \143\ Sec. 3013(2)(D)(i) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 284) struck out ``and'' at
    the end of subpara. (A).
    ---------------------------------------------------------------------------
                      (B) \142\ encourage the development of
                    technologies for the fortification of \144\
                    grains and other commodities that are readily
                    transferable to developing countries; and \145\
    ---------------------------------------------------------------------------
        \144\ Sec. 3013(2)(D)(ii)(I) of the Farm Security and Rural
    Investment Act of 2002 (Public Law 107-171; 116 Stat. 284) struck out
    ``whole'' before ``grains''.
        \145\ Sec. 3013(2)(D)(ii)(II) of the Farm Security and Rural
    Investment Act of 2002 (Public Law 107-171; 116 Stat. 285) struck out a
    period at the end of subpara. (B), inserted in lieu thereof ``; and'',
    and sec. 3013(2)(D)(iii) of that Act added subpara. (C).
    ---------------------------------------------------------------------------
                      (C) \145\ assess and apply technologies and
                    systems to improve and ensure the quality,
                    shelf life, bioavailability, and safety of
                    fortified food aid commodities, and products of
                    those commodities, that are provided to
                    developing countries, by using the same
                    mechanism that was used to assess the
                    micronutrient fortification program in the
                    report entitled ``Micronutrient Compliance
                    Review of Fortified P.L. 480 Commodities'',
                    published October 2001 with funds from the
                    Bureau for Humanitarian Response of the United
                    States Agency for International Development.
        (b) Selection of Participating Countries.--From among the
    countries eligible for assistance under this Act, the Secretary
    may select not more than 5 developing countries to participate
    in a program under this section.\146\
    ---------------------------------------------------------------------------
        \146\ Sec. 3013(3) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 285) struck out ``the pilot
    program'' and inserted in lieu thereof ``a program under this
    section''.
    ---------------------------------------------------------------------------
        (c) Fortification.--Under a program,\147\ grains and other
    commodities made available to a developing country selected to
    participate in a program may \148\ be fortified with 1 or more
    micronutrients (such as \149\ vitamin A, iron, iodine, and
    folic acid) \150\ with respect to which a substantial portion
    of the population in the country is deficient. The commodity
    may be fortified in the United States or in the developing
    country.
    ---------------------------------------------------------------------------
        \147\ Sec. 3013(4)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``the pilot
    program, whole'' and inserted in lieu thereof ``a program,''.
        \148\ Sec. 3013(4)(B) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``the pilot
    program may'' and inserted in lieu thereof ``a program may''.
        \149\ Sec. 3013(4)(C) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``including''
    and inserted in lieu thereof ``such as''.
        \150\ Sec. 3013(4)(D) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``and iodine''
    and inserted in lieu thereof ``iodine, and folic acid''.
    ---------------------------------------------------------------------------
        (d) Termination of Authority.--The authority to carry out
    programs \151\ established under this section shall terminate
    on September 30, 2007.\152\
    ---------------------------------------------------------------------------
        \151\ Sec. 3013(5)(A) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``the pilot
    program'' and inserted in lieu thereof ``programs''.
        \152\ Sec. 3013(5)(B) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 285) struck out ``2002'' and
    inserted in lieu thereof ``2007''.
    ---------------------------------------------------------------------------

    SEC. 416.\153\ USE OF CERTAIN LOCAL CURRENCY.

        Local currency payments received by the United States
    pursuant to agreements entered into under title I (as in effect
    on November 27, 1990) may be utilized by the Secretary in
    accordance with section 108 (as in effect on November 27,
    1990).
    ---------------------------------------------------------------------------
        \153\ 7 U.S.C. 1736g-3. Added by sec. 223 of Public Law 104-127
    (110 Stat. 958).
    ---------------------------------------------------------------------------

                       TITLE V--FARMER-TO-FARMER PROGRAM

    SEC. 501.\154\ JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER
                        PROGRAM.

      (a) Definitions.--In this section:
    ---------------------------------------------------------------------------
        \154\ 7 U.S.C. 1737. Sec. 3014 of the Farm Security and Rural
    Investment Act of 2002 (Public Law 107-171; 116 Stat. 285) amended and
    restated sec. 501. Previously, sec. 777 of Public Law 107-76 (115 Stat.
    747) inserted ``john ogonowski'' into the section catchline before
    ``farmer-to-farmer program'', and added a new subsec. (d) to designate
    the Farmer-to-Farmer Program as the John Ogonowski Farmer-to-Farmer
    Program. Subsequently, sec. 769(2) of the Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2005 (division A of Public Law 109-447; 118 Stat.
    2848) inserted ``and doug bereuter'' after ``john ogonowski''.
        Sec. 4(f) of Executive Order No. 12752 of February 25, 1991 (56
    F.R. 8255; February 27, 1991) (redesignated as sec. 4(d) by Executive
    Order 13044 of April 18, 1997), delegated to the Administrator of the
    Agency for International Development the functions conferred on the
    President in title V.
    ---------------------------------------------------------------------------
              (1) Caribbean basin country.--The term ``Caribbean
            Basin country'' means a country eligible for
            designation as a beneficiary country under section 212
            of the Caribbean Basin Economic Recovery Act (19 U.S.C.
            2702).
              (2) Emerging market.--The term ``emerging market''
            means a country that the Secretary determines--
                      (A) is taking steps toward a market-oriented
                    economy through the food, agriculture, or rural
                    business sectors of the economy of the country;
                    and
                      (B) has the potential to provide a viable and
                    significant market for United States
                    agricultural commodities or products of United
                    States agricultural commodities.
              (3) Middle income country.--The term ``middle income
            country'' means a country that has developed
            economically to the point at which the country does not
            receive bilateral development assistance from the
            United States.
              (4) Sub-saharan african country.--The term ``sub-
            Saharan African country'' has the meaning given the
            term in section 107 of the Trade and Development Act of
            2000 (19 U.S.C. 3706).
        (b) Provision.--Notwithstanding any other provision of law,
    to further assist developing countries, middle-income
    countries, emerging markets, sub-Saharan African countries, and
    Caribbean Basin countries to increase farm production and
    farmer incomes, the President may--
              (1) establish and administer a program, to be known
            as the ``John Ogonowski and Doug Bereuter \155\ Farmer-
            to-Farmer Program'', of farmer-to-farmer assistance
            between the United States and such countries to assist
            in--
    ---------------------------------------------------------------------------
        \155\ Sec. 769(1) of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2005
    (division A of Public Law 109-447; 118 Stat. 2848) inserted ``and Doug
    Bereuter'' after ``John Ogonowski''.
    ---------------------------------------------------------------------------
                      (A) increasing food production and
                    distribution; and
                      (B) improving the effectiveness of the
                    farming and marketing operations of
                    agricultural producers in those countries;
              (2) use United States agricultural producers,
            agriculturalists, colleges and universities (including
            historically black colleges and universities, land
            grant colleges or universities, and foundations
            maintained by colleges or universities), private
            agribusinesses, private organizations (including
            grassroots organizations with an established and
            demonstrated capacity to carry out such a bilateral
            exchange program), private corporations, and nonprofit
            farm organizations to work in conjunction with
            agricultural producers and farm organizations in those
            countries, on a voluntary basis--
                      (A) to improve agricultural and agribusiness
                    operations and agricultural systems in those
                    countries, including improving--
                              (i) animal care and health;
                              (ii) field crop cultivation;
                              (iii) fruit and vegetable growing;
                              (iv) livestock operations;
                              (v) food processing and packaging;
                              (vi) farm credit;
                              (vii) marketing;
                              (viii) inputs; and
                              (ix) agricultural extension; and
                      (B) to strengthen cooperatives and other
                    agricultural groups in those countries;
              (3) transfer the knowledge and expertise of United
            States agricultural producers and businesses, on an
            individual basis, to those countries while enhancing
            the democratic process by supporting private and public
            agriculturally related organizations that request and
            support technical assistance activities through cash
            and in-kind services;
              (4) to the maximum extent practicable, make grants to
            or enter into contracts or other cooperative agreements
            with private voluntary organizations, cooperatives,
            land grant universities, private agribusiness, or
            nonprofit farm organizations to carry out this section
            (except that any such contract or other agreement may
            obligate the United States to make outlays only to the
            extent that the budget authority for such outlays is
            available under subsection (d) or has otherwise been
            provided in advance in appropriation Acts);
              (5) coordinate programs established under this
            section with other foreign assistance programs and
            activities carried out by the United States; and
              (6) to the extent that local currencies can be used
            to meet the costs of a program established under this
            section, augment funds of the United States that are
            available for such a program through the use, within
            the country in which the program is being conducted,
            of--
                      (A) foreign currencies that accrue from the
                    sale of agricultural commodities and products
                    under this Act; and
                      (B) local currencies generated from other
                    types of foreign assistance activities.
        (c) Special Emphasis on Sub-Saharan African and Caribbean
    Basin Countries.--
              (1) Findings.--Congress finds that--
                      (A) agricultural producers in sub-Saharan
                    African and Caribbean Basin countries need
                    training in agricultural techniques that are
                    appropriate for the majority of eligible
                    agricultural producers in those countries,
                    including training in--
                              (i) standard growing practices;
                              (ii) insecticide and sanitation
                            procedures; and
                              (iii) other agricultural methods that
                            will produce increased yields of more
                            nutritious and healthful crops;
                      (B) agricultural producers in the United
                    States (including African-American agricultural
                    producers) and banking and insurance
                    professionals have agribusiness expertise that
                    would be invaluable for agricultural producers
                    in sub-Saharan African and Caribbean Basin
                    countries;
                      (C) a commitment by the United States is
                    appropriate to support the development of a
                    comprehensive agricultural skills training
                    program for those agricultural producers that
                    focuses on--
                              (i) improving knowledge of
                            insecticide and sanitation procedures
                            to prevent crop destruction;
                              (ii) teaching modern agricultural
                            techniques that would facilitate a
                            continual analysis of crop production,
                            including--
                                      (I) the identification and
                                    development of standard growing
                                    practices; and
                                      (II) the establishment of
                                    systems for recordkeeping;
                              (iii) the use and maintenance of
                            agricultural equipment that is
                            appropriate for the majority of
                            eligible agricultural producers in sub-
                            Saharan African or Caribbean Basin
                            countries;
                              (iv) the expansion of small
                            agricultural operations into
                            agribusiness enterprises by increasing
                            access to credit for agricultural
                            producers through--
                                      (I) the development and use
                                    of village banking systems; and
                                      (II) the use of agricultural
                                    risk insurance pilot products;
                                    and
                              (v) marketing crop yields to
                            prospective purchasers (including
                            businesses and individuals) for local
                            needs and export; and
                      (D) programs that promote the exchange of
                    agricultural knowledge and expertise through
                    the exchange of American and foreign
                    agricultural producers have been effective in
                    promoting improved agricultural techniques and
                    food security and the extension of additional
                    resources to such farmer-to-farmer exchanges is
                    warranted.
              (2) Goals for programs carried out in sub-saharan
            african and caribbean countries.--The goals of programs
            carried out under this section in sub-Saharan African
            and Caribbean Basin countries shall be--
                      (A) to expand small agricultural operations
                    in those countries into agribusiness
                    enterprises by increasing access to credit for
                    agricultural producers through--
                              (i) the development and use of
                            village banking systems; and
                              (ii) the use of agricultural risk
                            insurance pilot products;
                      (B) to provide training to agricultural
                    producers in those countries that will--
                              (i) enhance local food security; and
                              (ii) help mitigate and alleviate
                            hunger;
                      (C) to provide training to agricultural
                    producers in those countries in groups to
                    encourage participants to share and pass on to
                    other agricultural producers in the home
                    communities of the participants, the
                    information and skills obtained from the
                    training, rather than merely retaining the
                    information and skills for the personal
                    enrichment of the participants; and
                      (D) to maximize the number of beneficiaries
                    of the programs in sub-Saharan African and
                    Caribbean Basin countries.
        (d) Minimum Funding.--Notwithstanding any other provision
    of law, in addition to any funds that may be specifically
    appropriated to carry out this section, not less than 0.5
    percent of the amounts made available for each of fiscal years
    2002 through 2007 to carry out this Act shall be used to carry
    out programs under this section, with--
              (1) not less than 0.2 percent to be used for programs
            in developing countries; and
              (2) not less than 0.1 percent to be used for programs
            in sub-Saharan African and Caribbean Basin countries.
        (e) Authorization of Appropriations.--
              (1) In general.--There is authorized to be
            appropriated to carry out programs under this section
            in sub-Saharan African and Caribbean Basin countries
            $10,000,000 for each of fiscal years 2002 through 2007.
              (2) Administrative costs.--Not more than 5 percent of
            the funds made available for a fiscal year under
            paragraph (1) may be used to pay administrative costs
            incurred in carrying out programs in sub-Saharan
            African and Caribbean Basin countries.

                TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

    SEC. 601.\156\ ESTABLISHMENT OF THE FACILITY.

      There is established in the Department of the Treasury an
    entity to be known as the ``Enterprise for the Americas
    Facility'' (hereafter referred to in this title as the
    ``Facility'').
    ---------------------------------------------------------------------------
        \156\ 7 U.S.C. 1738.
    ---------------------------------------------------------------------------

    SEC. 602.\157\ PURPOSE.

      The purpose of this title is to encourage and support
    improvement in the lives of the people of Latin America and the
    Caribbean through market-oriented reforms and economic growth
    with inter-related actions to promote debt reduction,
    investment reforms, and community-based conservation and
    sustainable use of the environment. The Facility will support
    such objectives through the administration of debt reduction
    operations relating to those countries that meet investment
    reform and other policy conditions provided for in this title.
    ---------------------------------------------------------------------------
        \157\ 7 U.S.C. 1738a.
    ---------------------------------------------------------------------------

    SEC. 603.\158\ ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.

      (a) Requirements.--To be eligible for benefits from the
    Facility under this title, a country shall--
    ---------------------------------------------------------------------------
        \158\ 7 U.S.C. 1738b.
    ---------------------------------------------------------------------------
              (1) be a Latin American or Caribbean country;
              (2) have in effect or have received approval for, or,
            as appropriate in exceptional circumstances, be making
            significant progress towards the establishment of--
                      (A) an International Monetary Fund (hereafter
                    referred to in this title as the ``IMF'')
                    standby arrangement, extended IMF arrangement,
                    or an arrangement under the structural
                    adjustment facility or enhanced structural
                    adjustment facility, or in exceptional
                    circumstances, an IMF-monitored program or its
                    equivalent; and
                      (B) as appropriate, structural or sectoral
                    adjustment loans from the International Bank
                    for Reconstruction and Development (hereafter
                    referred to in this title as the ``World
                    Bank'') or the International Development
                    Association (hereafter referred to in this
                    title as the ``IDA'');
              (3) have placed into effect major investment reforms
            in conjunction with an Inter-American \159\ Development
            Bank (hereafter referred to as the ``IDB'') loan or
            otherwise be implementing, or making significant
            progress towards an open investment regime; and
    ---------------------------------------------------------------------------
        \159\ Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the
    hyphen to ``Inter-American''.
    ---------------------------------------------------------------------------
              (4) if appropriate, have agreed with its commercial
            bank lenders on a satisfactory financing program,
            including, as appropriate, debt or debt service
            reduction.
      (b) Eligibility Determination.--The President shall determine
    whether a country is an eligible country for purposes of
    subsection (a).

    SEC. 604.\160\ REDUCTION OF CERTAIN DEBT.

      (a) Authority to Reduce Debt.--
    ---------------------------------------------------------------------------
        \160\ 7 U.S.C. 1738c. Title II, chapter VIII of Public Law 102-27
    (105 Stat. 147, 7 U.S.C. 1736e note) provided the following:
        ``Title I of Public Law 480 program allowed for the repayment of
    loans for the sale of agricultural commodities in foreign or local
    currencies until December 31, 1971. Since that time, until the law was
    changed in the 1985 farm bill, all sales have been on dollar credit
    terms. In view of the present financial situation, it is impossible for
    many countries to repay their loans in dollars. Therefore, the
    President may use the authority in section 411 and section 604 of the
    Agricultural Trade Development and Assistance Act of 1954 to
    renegotiate the payment on Public Law 480 debt in eligible countries in
    Latin America, the Caribbean and sub-Saharan Africa.''.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of law, the President may reduce the amount owed to the
            United States or any agency of the United States, and
            outstanding as of January 1, 1990, as a result of any
            credits extended under title I to a country eligible
            for benefits from the Facility.
              (2) Availability \161\ of appropriations.--The
            authorities under this section may be exercised only to
            the extent provided for in advance in appropriation
            Acts.
    ---------------------------------------------------------------------------
        \161\ Sec. 303 of Public Law 102-237 (105 Stat. 1855) corrected the
    spelling of ``Availability''.
    ---------------------------------------------------------------------------
      (b) Limitation.--A debt reduction authorized under subsection
    (a) shall be accomplished, at the direction of the Facility,
    through the exchange of a new obligation under this title for
    obligations of the type referred to in subsection (a)
    outstanding as of January 1, 1990.
      (c) Exchange of Obligations.--The Facility shall notify the
    Commodity Credit Corporation of an agreement entered into under
    subsection (b) with an eligible country to exchange a new
    obligation for outstanding obligations. At the direction of the
    Facility, the old obligations that are the subject of the
    agreement may be canceled and a new debt obligation may be
    established for the country relating to the agreement. The
    Commodity Credit Corporation shall make an adjustment in its
    accounts to reflect a debt reduction under this section.

    SEC. 605.\162\ REPAYMENT OF PRINCIPAL.

      (a) Currency of Payment.--The principal amount owed under
    each new obligation issued under section 604 shall be repaid in
    United States dollars.
    ---------------------------------------------------------------------------
        \162\ 7 U.S.C. 1738d.
    ---------------------------------------------------------------------------
      (b) Deposit of Payments.--Principal repayments on new
    obligations issued under section 604 shall be deposited in
    Commodity Credit Corporation accounts.

    SEC. 606.\163\ INTEREST OF NEW OBLIGATIONS.

      (a) Rate of Interest.--New obligations issued to an eligible
    country under section 604 shall bear interest at a concessional
    rate.
    ---------------------------------------------------------------------------
        \163\ 7 U.S.C. 1738e.
    ---------------------------------------------------------------------------
      (b) Currency of Payment, Deposits.--
              (1) United states dollars.--An eligible country to
            which a new obligation has been issued under section
            604 that has not entered into an agreement under
            section 607, shall be required to pay interest on such
            obligation in United States dollars which shall be
            deposited in Commodity Credit Corporation accounts.
              (2) Local currency.--If an eligible country to which
            a new obligation has been issued under section 604 has
            entered into an agreement under section 607, interest
            under such obligation may be paid in the local currency
            of the eligible country and deposited into an
            Environmental Fund as provided for in section 608. Such
            interest shall be the property of the eligible country
            until such time as it is disbursed under section 608.
            Such local currencies shall be used for the purposes
            specified in the agreement entered into under section
            607.
      (c) Interest Previously Paid.--If an eligible country to
    which a new obligation has been issued under section 604 enters
    into an agreement under section 607 subsequent to the date on
    which interest first becomes due on such new obligation, any
    interest paid on such new obligation prior to such agreement
    being entered into shall not be redeposited into the Fund
    established for the eligible country under section 608(a) but
    shall be deposited into Commodity Credit Corporation
    accounts.\164\
    ---------------------------------------------------------------------------
        \164\ Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted
    ``accounts'' after ``Corporation''.
    ---------------------------------------------------------------------------

    SEC. 607.\165\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

      (a) Authority.--The President is authorized to enter into an
    environmental framework agreement with each country eligible
    for benefits from the Facility concerning the operation and use
    of an Enterprise for the Americas Environmental Fund (hereafter
    referred to in this title as the ``Environmental Fund'') \166\
    established under section 608 for that country. The President
    shall consult with the Board established under section 610 when
    entering into such agreements.
    ---------------------------------------------------------------------------
        \165\ 7 U.S.C. 1738f.
        \166\ In a technical correction, sec. 305 of Public Law 102-237
    (105 Stat. 1855) moved the close quotation mark.
    ---------------------------------------------------------------------------
      (b) Requirements.--An environmental framework agreement
    entered into under this section shall--
              (1) require the eligible country to establish an
            Environmental Fund;
              (2) require the eligible country to make interest
            payments under section 608(a) into the Environmental
            Fund;
              (3) require the eligible country to make prompt
            disbursements from the Environmental Fund to the body
            described in subsection (c);
              (4) where appropriate, seek to maintain the value of
            the local currency resources deposited into the
            appropriate Environmental Fund in terms of United
            States dollars;
              (5) specify, in accordance with section 612, the
            purposes for which the Environmental Fund may be used;
            and
              (6) contain reasonable provisions for the enforcement
            of the terms of the agreement.
      (c) Administering Body.--Funds disbursed from the
    Environmental Fund in an eligible country shall be administered
    by a body constituted under the laws of the country. Such body
    shall--
              (1) be composed of--
                      (A) one or more representatives appointed by
                    the President;
                      (B) one or more representatives appointed by
                    the eligible country; and
                      (C) representatives from a broad range of
                    environmental and local community development
                    nongovernmental organizations of the host
                    country;
            the majority of which shall be local representatives
            from nongovernmental organizations, and scientific or
            academic bodies;
              (2) receive proposals for grant assistance from local
            organizations, and make grants to such organizations in
            accordance with the priorities agreed upon in the
            framework agreement and consistent with the overall
            purposes of section 612;
              (3) be responsible for the management of the program
            and oversight of grant activities funded from resources
            of the Environmental Fund;
              (4) be subject to fiscal audits by an independent
            auditor on an annual basis;
              (5) present an annual program for review by the Board
            established under section 610 each year;
              (6) present an annual report on the activities
            undertaken during the previous year to the Chairman of
            the Board established under section 610, and the
            government of the eligible country each year; and
              (7) have any grant over $100,000 be subject to veto
            by the United States and the government of the eligible
            country.

    SEC. 608.\167\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

      (a) Establishment.--An eligible country shall, under the
    terms of an environmental framework agreement entered into
    under section 607, establish an Environmental Fund to receive
    payments in local currency pursuant to section 607(b)(1).
    ---------------------------------------------------------------------------
        \167\ 7 U.S.C. 1738g.
    ---------------------------------------------------------------------------
      (b) Investment.--Amounts deposited into an Environmental Fund
    shall be invested until disbursed. Notwithstanding any other
    provision of law, any return on such investment may be retained
    by the Environmental Fund and need not be deposited to the
    account of the Commodity Credit Corporation and may be retained
    without further appropriation by Congress.

    SEC. 609.\168\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

      Funds in an Environmental Fund shall be disbursed only
    pursuant to a framework agreement entered into pursuant to
    section 607.
    ---------------------------------------------------------------------------
        \168\ 7 U.S.C. 1738h.
    ---------------------------------------------------------------------------

    SEC. 610.\169\ ENTERPRISE \170\ FOR THE AMERICAS BOARD.

      (a) Establishment.--There is established a board to be known
    as the ``Enterprise \170\ for the Americas Board'' (hereafter
    referred to in this title as the ``Board'').
    ---------------------------------------------------------------------------
        \169\ 7 U.S.C. 1738i.
        \170\ Sec. 603 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3669) struck out ``environment'' and inserted in
    lieu thereof ``enterprise'' in the catchline; and struck out
    ``Environment'' and inserted in lieu thereof ``Enterprise'' in subsec.
    (a).
    ---------------------------------------------------------------------------
      (b) Membership and Chairperson.--
              (1) Membership.--The Board shall be composed of--
                      (A) six \171\ representatives from the United
                    States Government, at least one of whom shall
                    be a representative of the Department of
                    Agriculture; \171\ and
    ---------------------------------------------------------------------------
        \171\ Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out
    ``five'' and inserted in lieu thereof ``six'', and added after
    ``Government'' the text ``, at least one of whom shall be a
    representative of the Department of Agriculture''.
    ---------------------------------------------------------------------------
                      (B) five \172\ representatives from private
                    nongovernmental environmental, child survival
                    and child development,\173\ community
                    development, scientific, and academic
                    organizations with experience and expertise in
                    Latin America and the Caribbean, at least one
                    of whom shall be a representative from a child
                    survival and child development organization;
                    \174\
    ---------------------------------------------------------------------------
        \172\ Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out
    ``four'' and inserted in lieu thereof ``five''.
        \173\ Sec. 603(3)(A) of the Jobs Through Exports Act of 1992
    (Public Law 102-549; 106 Stat. 3669) inserted ``child survival and
    child development,'' after ``environmental,''.
        \174\ Sec. 603(3)(B) of the Jobs Through Exports Act of 1992
    (Public Law 102-549; 106 Stat. 3669) inserted ``, at least one of whom
    shall be a representative from a child survival and child development
    organization'' after ``Caribbean''.
    ---------------------------------------------------------------------------
            to be appointed by the President.
              (2) Chairperson.--The Board shall be headed by a
            chairperson who shall be appointed by the President
            from among the representatives appointed under
            paragraph (1)(A).
      (c)  Responsibilities.--The Board shall--
              (1) advise the President on the negotiations for the
            environmental framework agreements described in
            subsections (a) and (b) of section 607;
              (2) ensure, in consultation with the government of
            the appropriate eligible country, with nongovernmental
            organizations of such eligible country, and if
            appropriate, of the region, and with environmental,
            scientific, and academic leaders of such eligible
            country and, as appropriate, of the region, that a
            suitable body referred to in section 607(c) is
            identified; and
              (3) review the programs, operations, and fiscal
            audits of the bodies referred to in section 607(c).

    SEC. 611.\175\ OVERSIGHT.

      The President may designate appropriate United States
    agencies to review the implementation of programs under this
    title and the fiscal audits relating to such programs. Such
    oversight shall not constitute active management of an
    Environmental Fund.
    ---------------------------------------------------------------------------
        \175\ 7 U.S.C. 1738j.
    ---------------------------------------------------------------------------

    SEC. 612.\176\ ELIGIBLE ACTIVITIES AND GRANTEES.

      (a) Eligible Entities.--Activities eligible to receive
    assistance through the framework agreements entered into under
    section 607, shall include--
    ---------------------------------------------------------------------------
        \176\ 7 U.S.C. 1738k.
    ---------------------------------------------------------------------------
              (1) activities of the type described in the Global
            Environmental Protection Assistance Act of 1989 (22
            U.S.C. 2281 et seq.); \177\
    ---------------------------------------------------------------------------
        \177\ Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a
    typographical error here by striking ``462), and--'', and inserted in
    lieu thereof ``2281 et seq.);''.
    ---------------------------------------------------------------------------
              (2) agriculture-related activities, including those
            that provide for the biological prevention and control
            of animal and plant pests and diseases, to benefit the
            environment; and
              (3) local community initiatives that promote
            conservation and sustainable use of the environment.
      (b) Regulation.--All activities of the type referred to in
    subsection (a) shall, where appropriate, include initiatives
    that link conservation of natural resources with local
    community development.
      (c) Setting of Priorities.--Appropriate activities and
    priorities relating to the use of an Environmental Fund shall
    be set by local nongovernmental organizations within the
    appropriate eligible country.
      (d) Grants.--Grants may be made by the body referred to in
    section 607(c) from the Environmental Fund for environmental
    purposes to--
              (1) host country nongovernmental environmental,
            conservation, development, educational, and indigenous
            peoples organizations;
              (2) other appropriate local or regional entities; or
              (3) in exceptional circumstances, the government of
            the eligible country.
      (e) Priority.--In providing assistance from an Environmental
    Fund, the body established under section 607(c) within the
    eligible country shall give priority to projects that are run
    by nongovernmental organizations and other private entities,
    and that involve local communities in their planning and
    execution.

    SEC. 613.\178\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

      (a) Encouraging Donations From Official Creditors.--The
    President should actively encourage other official creditors of
    an eligible country to provide debt reduction to such eligible
    country.
    ---------------------------------------------------------------------------
        \178\ 7 U.S.C. 1738l.
    ---------------------------------------------------------------------------
      (b) Encouraging Donations From Other Sources.--The President
    shall make every effort to insure that programs established
    through Environmental Funds are able to receive donations from
    private and public entities, and private creditors of the
    eligible country.

    SEC. 614.\179\ ANNUAL REPORT TO CONGRESS.

      (a) In General.--Not later \180\ than December 31 of each
    fiscal year, the President shall prepare and submit to the
    Speaker of the House of Representatives and the President Pro
    Tempore of the Senate an annual report concerning the operation
    of the Facility for the prior fiscal year. This report shall
    include-- \181\
    ---------------------------------------------------------------------------
        \179\ 7 U.S.C. 1738m.
        \180\ Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out
    ``Not later'' and inserted in lieu thereof ``(a) In General.--Not
    later'', and added subsec. (b).
        \181\ Sec. 3 of the Enterprise for the Americas Initiative Act of
    1992 (Public Law 102-532; 106 Stat. 3512) added from ``This report
    shall include--'' through para. (4) of subsec. (a).
    ---------------------------------------------------------------------------
              (1) a description of the activities undertaken by the
            Facility during the previous fiscal year;
              (2) a description of any Enviromental \182\ Framework
            Agreement entered into under this title;
    ---------------------------------------------------------------------------
        \182\ As enrolled. Should read ``Environmental''.
    ---------------------------------------------------------------------------
              (3) a report on what Environmental Funds have been
            established under this title and on the operations of
            such Funds; and
              (4) a description of any grants that have been
            extended by administering bodies pursuant to an
            Enviromental \182\ Framework Agreement under this
            title.
        (b) Supplemental Views in Annual Report.--No later than
    December 15 of each fiscal year, each member of the Board shall
    be entitled to receive a copy of the report required under
    subsection (a). Each member of the Board may prepare and submit
    supplemental views to the President on the implementation of
    this title by December 31 for inclusion in the annual report
    when it is transmitted to Congress pursuant to this section.

    SEC. 615.\183\ CONSULTATIONS WITH CONGRESS.

        The President shall consult with the appropriate
    congressional committees on a periodic basis to review the
    operation of the Facility under this title and the eligibility
    of countries for benefits from the Facility under this title.
    ---------------------------------------------------------------------------
        \183\ 7 U.S.C. 1738n. Added by sec. 331 of Public Law 102-237 (105
    Stat. 1858).
    ---------------------------------------------------------------------------

    SEC. 616.\184\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

        (a) In General.--
    ---------------------------------------------------------------------------
        \184\ 7 U.S.C. 1738o. Added by sec. 2 of the Enterprise for the
    Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
    ---------------------------------------------------------------------------
              (1) Authorization.--The President may sell to an
            eligible country up to 40 percent of such country's
            qualified debt, only if an amount of the local currency
            of such country (other than the price paid for the
            debt) equal to--
                      (A) not less than 40 percent of the price
                    paid for such debt by such eligible country, or
                      (B) the difference between the price paid for
                    such debt and the face value of such debt;
            whichever is less, is used by such country through an
            Environmental Fund for eligible activities described in
            section 612.
              (2) Environmental funds.--For purposes of this
            section, the term ``Environmental Fund'' means an
            Environmental Fund established under section 608. In
            the case of Mexico, such fund may be designated as the
            Good Neighbor Environmental Fund for the Border.
              (3) Establishment and operation of environmental
            funds.--The President should advise eligible countries
            on the procedures required to establish and operate the
            Environmental Funds required to be established under
            paragraph (1).
        (b) Terms and Conditions.--The President shall establish
    the terms and conditions, including the amount to be paid by
    the eligible country, under which such country's qualified debt
    may be sold under this section.
        (c) Appropriations Requirement.--The authorities provided
    by this section may be exercised only in such amounts and to
    such extent as is provided in advance in appropriations Acts.
        (d) Certain Prohibitions Inapplicable.--A sale of debt
    under this section shall not be considered assistance for
    purposes of any provision of law limiting assistance to a
    country.
        (e) Implementation by the Facility.--A sale of debt
    authorized under this section shall be accomplished at the
    direction of the Facility. The Facility shall direct the
    Commodity Credit Corporation to carry out such sale. The
    Commodity Credit Corporation shall make an adjustment in its
    accounts to reflect the sale.
        (f) Deposit of Proceeds.--The proceeds from a sale of
    qualified debt under this section shall be deposited in the
    account or accounts established by the Commodity Credit
    Corporation for the repayment of such debt by the eligible
    country.
        (g) Debtor Consultation.--Before any sale of qualified debt
    may occur under this section, the President should consult with
    the eligible country's government concerning such sale. The
    topics addressed in the consultation shall include the amount
    of qualified debt involved in the transaction and the uses to
    which funds made available as a result of the sale shall be
    applied.

    SEC. 617.\185\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO
                        FACILITATE CERTAIN DEBT SWAPS.

        (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
    For the purpose of facilitating eligible debt swaps, the
    President, in accordance with this section--
    ---------------------------------------------------------------------------
        \185\ 7 U.S.C. 1738p. Added by sec. 2 of the Enterprise for the
    Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
    ---------------------------------------------------------------------------
              (1) may sell to an eligible purchaser (as determined
            pursuant to subsection (c)(1)) any qualified debt of an
            eligible country; or
              (2) may reduce or cancel eligible debt of an eligible
            country upon receipt of payment from an eligible payor
            (as determined under subsection (c)(2)).
        (b) Terms and Conditions.--The President shall establish
    the terms and conditions under which qualified debt may be
    sold, reduced, or canceled pursuant to this section.
        (c) Eligible Purchasers and Eligible Payors.--
              (1) Sales of debt.--Qualified debt may be sold
            pursuant to subsection (a)(1) only to a purchaser who
            presents plans satisfactory to the President for using
            the debt for the purpose of engaging in eligible debt
            swaps.
              (2) Reduction or cancellation of debt.--Qualified
            debt may be reduced or cancelled pursuant to subsection
            (a)(2) only if the payor presents plans satisfactory to
            the President for using such reduction or cancellation
            for the purpose of facilitating eligible debt swaps.
        (d) Debtor Consultation and Right of First Refusal.--
              (1) Consultation.--Before selling, reducing, or
            canceling any qualified debt of an eligible country
            pursuant to this section, the President should consult
            with that country concerning, among other things, the
            amount of debt to be sold, reduced, or canceled and the
            uses of such debt for eligible debt swaps.
              (2) Right of first refusal.--The qualified debt of an
            eligible country may be sold, reduced, or cancelled
            pursuant to this section only if that country has been
            offered the opportunity to purchase that debt pursuant
            to section 616 and has not accepted that offer.
        (e) Limitation.--In the aggregate, not more than 40 percent
    of the qualified debt of an eligible country may be sold,
    reduced, or cancelled under this section or sold under section
    616.
        (f) Administration.--The Facility shall notify the
    Commodity Credit Corporation of purchasers and payors the
    President has determined to be eligible under subsection (c),
    and shall direct the corporation to carry out the sale,
    reduction, or cancellation of a qualified debt pursuant to this
    section. The Commodity Credit Corporation shall make an
    adjustment in its accounts to reflect such sale, reduction, or
    cancellation.
        (g) Appropriations Requirement.--The authorities provided
    by this section may be exercised only in such amounts and to
    such extent as is provided in advance in appropriations Acts.
        (h) Deposit of Proceeds.--The proceeds from the sale,
    reduction, or cancellation of qualified debt pursuant to this
    section shall be deposited in the United States Government
    account or accounts established for the repayment of such debt.
        (i) Eligible Debt Swaps.--As used in this section, the term
    ``eligible debt swap'' means a debt-for-development swap or
    debt-for-nature swap.

    SEC. 618.\186\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

        (a) Notice of Negotiations.--The Secretary of State and the
    Secretary of the Treasury shall, in every feasible instance,
    notify the designated congressional committees not less than 15
    days prior to any formal negotiation for debt relief under this
    title.
    ---------------------------------------------------------------------------
        \186\ 7 U.S.C. 1738q. Added by sec. 2 of the Enterprise for the
    Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
    ---------------------------------------------------------------------------
        (b) Transmittal of Text of Agreements.--The Secretary of
    State shall transmit to the designated congressional committees
    a copy of the text of any agreement with any foreign government
    which would result in any debt relief under this title no less
    than 30 days prior to its entry into force, together with a
    detailed justification of the interest of the United States in
    the proposed debt relief.
        (c) Annual Report.--The Secretary of State or the Secretary
    of the Treasury, as appropriate, shall submit to the designated
    congressional committees not later than February 1 of each year
    a consolidated statement of the budgetary implications of all
    debt relief agreements entered into force under this title
    during the preceding fiscal year.
        (d) Designated Congressional Committees.--As used in this
    section, the term ``designated congressional committees'' means
    the Committee on Agriculture and the Committee on Foreign
    Affairs \187\ of the House of Representatives and the Committee
    on Agriculture, Nutrition, and Forestry of the Senate.
    ---------------------------------------------------------------------------
        \187\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 619.\188\ DEFINITION OF QUALIFIED DEBT.

        As used in sections 616, 617, and 618, the term ``qualified
    debt'' means any obligation, or portion of such obligation, of
    an eligible country to pay for purchases of United States
    agricultural commodities guaranteed by the Commodity Credit
    Corporation under export credit guarantee programs authorized
    pursuant to section 5(f) of the Commodity Credit Corporation
    Charter Act or section 4(b) of the Food for Peace Act of 1966--
    ---------------------------------------------------------------------------
        \188\ 7 U.S.C. 1738r. Added by sec. 2 of the Enterprise for the
    Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
    ---------------------------------------------------------------------------
              (1) in which the Commodity Credit Corporation
            obtained a legal right or interest, as a result of
            assignment or subrogation, not later than September 1,
            1992; and
              (2) the payment of which obligation has been, not
            later than September 1, 1992, rescheduled in accordance
            with principles set forth in an Agreed Minute of the
            Paris Club.
    Such term includes the obligation to pay any interest which was
    due or accrued not later than September 1, 1992, and unpaid as
    of the date of a debt sale pursuant to section 616 or a debt
    sale, reduction, or cancellation pursuant to section 617 (as
    the case may be).

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

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

                               Note.--Sec. 1(5) of Public Law 85-128 [S. 1314], 71 Stat. 345, 7 U.S.C. 1704a, approved August 13,

                               ``(5) Within sixty days after any agreement is entered into for the use of any foreign currencies, a
                             full report thereon shall be made to the Senate and the House of Representatives of the United States
                             and to the Committees on Agriculture and Appropriations thereof.''.

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

              Note.--Sec. 3 of Public Law 84-962 [S. 3903], 70
            Stat. 988, 7 U.S.C. 1701 note, approved August 3, 1956,
            provides:
              ``Sales of fresh fruit and the products thereof under
            title I of the Act shall be exempt from the
            requirements of the cargo preference laws (Public
            Resolution 17, Seventy-third Congress (15 U.S.C. 616a)
            and section 901(b) of the Merchant Marine Act, 1936 (46
            U.S.C. 1241 (b))).''.

              Note.--Sec. 709 of Public Law 89-321 [H.R. 9811]
            (Food and Agriculture Act of 1965), 79 Stat. 1212, 7
            U.S.C. 1446a-1, approved November 3, 1965, provides:
              ``The Secretary of Agriculture is hereby authorized
            to use funds of the Commodity Credit Corporation to
            purchase sufficient supplies of dairy products at
            market prices to meet the requirements of any programs
            for the schools (other than fluid milk in the case of
            schools), domestic relief distribution, community
            action,\189\ and such other programs as are authorized
            by law, when there are insufficient stocks of dairy
            products in the hands of Commodity Credit Corporation
            available for these purposes.''.

              Note.--Sec. 407 of the Agricultural Act of 1949, as
            amended, and found at 7 U.S.C. 1427, provides the
            minimum prices the Commodity Credit Corporation may
            sell farm commodities owned or controlled by it.

    ---------------------------------------------------------------------------
        \189\ The words ``foreign distribution'' which appeared at this
    point were struck out by sec. 3(B) of the Food for Peace Act of 1966,
    effective January 1, 1967. See also sec. 416 of the Agricultural Act of
    1949 which provides for, among other things, the donation of dairy
    products through foreign governments and public and nonprofit private
    humanitarian organizations.
               b. Farm Security and Rural Investment Act of 2002

      Public Law 107-171 [H.R. 2646], 116 Stat. 134, approved May 13, 2002

    AN ACT To provide for the continuation of agricultural programs through
                   fiscal year 2007, and for other purposes.

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

              Note.--Amendments enacted in Public Law 107-171 to
            other Acts relating to agriculture have been
            incorporated into those Acts.

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) \1\ Short Title.--This Act may be cited as the ``Farm
    Security and Rural Investment Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 7901 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents of this Act
    is as follows: * * *
              * * * * * * *

                                TITLE III--TRADE

              * * * * * * *

                   Subtitle B--Agricultural Trade Act of 1978

              * * * * * * *

    SEC. 3107.\2\ MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
                        NUTRITION PROGRAM.

        (a) Definition of Agricultural Commodity.--In this section,
    the term ``agricultural commodity'' means an agricultural
    commodity, or a product of an agricultural commodity, that is
    produced in the United States.
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1736o-1. In a memorandum of March 17, 2003 (68 F.R.
    12569), for the Secretary of Agriculture, the President established the
    program authorized by this section and designated the Department of
    Agriculture to take actions specified in sec. 3107(d). The President
    required the Secretary of Agriculture to consult, as appropriate, with
    the Food Policy Assistance Council, established by sec. 3 of Executive
    Order 12751 (February 25, 1991) and other heads of Federal departments
    and agencies as appropriate.
    ---------------------------------------------------------------------------
        (b) Program.--Subject to subsection (l), the President may
    establish a program, to be known as ``McGovern-Dole
    International Food for Education and Child Nutrition Program'',
    requiring the procurement of agricultural commodities and the
    provision of financial and technical assistance to carry out--
              (1) preschool and school food for education programs
            in foreign countries to improve food security, reduce
            the incidence of hunger, and improve literacy and
            primary education, particularly with respect to girls;
            and
              (2) maternal, infant, and child nutrition programs
            for pregnant women, nursing mothers, infants, and
            children who are 5 years of age or younger.
        (c) Eligible Commodities and Cost Items.--Notwithstanding
    any other provision of law--
              (1) any agricultural commodity is eligible to be
            provided under this section;
              (2) as necessary to achieve the purposes of this
            section, funds appropriated under this section may be
            used to pay--
                      (A)(i) the cost of acquiring agricultural
                    commodities;
                      (ii) the costs associated with packaging,
                    enrichment, preservation, and fortification of
                    agricultural commodities;
                      (iii) the processing, transportation,
                    handling, and other incidental costs up to the
                    time of the delivery of agricultural
                    commodities free on board vessels in United
                    States ports;
                      (iv) the vessel freight charges from United
                    States ports or designated Canadian
                    transshipment ports, as determined by the
                    Secretary, to designated ports of entry abroad;
                      (v) the costs associated with transporting
                    agricultural commodities from United States
                    ports to designated points of entry abroad in
                    the case--
                              (I) of landlocked countries;
                              (II) of ports that cannot be used
                            effectively because of natural or other
                            disturbances;
                              (III) of the unavailability of
                            carriers to a specific country; or
                              (IV) of substantial savings in costs
                            or time that may be effected by the
                            utilization of points of entry other
                            than ports; and
                      (vi) the charges for general average
                    contributions arising out of the ocean
                    transport of agricultural commodities
                    transferred pursuant thereto;
                      (B) all or any part of the internal
                    transportation, storage, and handling costs
                    incurred in moving the eligible commodity, if
                    the President determines that--
                              (i) payment of the costs is
                            appropriate; and
                              (ii) the recipient country is a low
                            income, net food-importing country
                            that--
                                      (I) meets the poverty
                                    criteria established by the
                                    International Bank for
                                    Reconstruction and Development
                                    for Civil Works Preference; and
                                      (II) has a national
                                    government that is committed to
                                    or is working toward, through a
                                    national action plan, the goals
                                    of the World Declaration on
                                    Education for All convened in
                                    1990 in Jomtien, Thailand, and
                                    the followup Dakar Framework
                                    for Action of the World
                                    Education Forum, convened in
                                    2000;
                      (C) the costs of activities conducted in the
                    recipient countries by a nonprofit voluntary
                    organization, cooperative, or intergovernmental
                    agency or organization that would enhance the
                    effectiveness of the activities implemented by
                    such entities under this section; and
                      (D) the costs of meeting the allowable
                    administrative expenses of private voluntary
                    organizations, cooperatives, or
                    intergovernmental organizations that are
                    implementing activities under this section.
        (d) General Authorities.--The President shall designate 1
    or more Federal agencies to--
              (1) implement the program established under this
            section;
              (2) ensure that the program established under this
            section is consistent with the foreign policy and
            development assistance objectives of the United States;
            and
              (3) consider, in determining whether a country should
            receive assistance under this section, whether the
            government of the country is taking concrete steps to
            improve the preschool and school systems in the
            country.
        (e) Eligible Entities.--Assistance may be provided under
    this section to private voluntary organizations, cooperatives,
    intergovernmental organizations, governments of developing
    countries and their agencies, and other organizations.
        (f) Procedures.--
              (1) In general.--In carrying out subsection (b), the
            President shall ensure that procedures are established
            that--
                      (A) provide for the submission of proposals
                    by eligible entities, each of which may include
                    1 or more recipient countries, for commodities
                    and other assistance under this section;
                      (B) provide for eligible commodities and
                    assistance on a multiyear basis;
                      (C) ensure that eligible entities demonstrate
                    the organizational capacity and the ability to
                    develop, implement, monitor, report on, and
                    provide accountability for activities conducted
                    under this section;
                      (D) provide for the expedited development,
                    review, and approval of proposals submitted in
                    accordance with this section;
                      (E) ensure monitoring and reporting by
                    eligible entities on the use of commodities and
                    other assistance provided under this section;
                    and
                      (F) allow for the sale or barter of
                    commodities by eligible entities to acquire
                    funds to implement activities that improve the
                    food security of women and children or
                    otherwise enhance the effectiveness of programs
                    and activities authorized under this section.
              (2) Priorities for program funding.--In carrying out
            paragraph (1) with respect to criteria for determining
            the use of commodities and other assistance provided
            for programs and activities authorized under this
            section, the implementing agency may consider the
            ability of eligible entities to--
                      (A) identify and assess the needs of
                    beneficiaries, especially malnourished or
                    undernourished mothers and their children who
                    are 5 years of age or younger, and school-age
                    children who are malnourished, undernourished,
                    or do not regularly attend school;
                      (B)(i) in the case of preschool and school-
                    age children, target low-income areas where
                    children's enrollment and attendance in school
                    is low or girls' enrollment and participation
                    in preschool or school is low, and incorporate
                    developmental objectives for improving literacy
                    and primary education, particularly with
                    respect to girls; and
                      (ii) in the case of programs to benefit
                    mothers and children who are 5 years of age or
                    younger, coordinate supplementary feeding and
                    nutrition programs with existing or newly-
                    established maternal, infant, and children
                    programs that provide health-needs
                    interventions, including maternal, prenatal,
                    and postnatal and newborn care;
                      (C) involve indigenous institutions as well
                    as local communities and governments in the
                    development and implementation of the programs
                    and activities to foster local capacity
                    building and leadership; and
                      (D) carry out multiyear programs that foster
                    local self-sufficiency and ensure the longevity
                    of programs in the recipient country.
        (g) Use of Food and Nutrition Service.--The Food and
    Nutrition Service of the Department of Agriculture may provide
    technical advice on the establishment of programs under
    subsection (b)(1) and on implementation of the programs in the
    field in recipient countries.
        (h) Multilateral Involvement.--
              (1) In general.--The President is urged to engage
            existing international food aid coordinating mechanisms
            to ensure multilateral commitments to, and
            participation in, programs similar to programs
            supported under this section.
              (2) Reports.--The President shall annually submit to
            the Committee on International Relations and the
            Committee on Agriculture of the House of
            Representatives and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate a report on the
            commitments and activities of governments, including
            the United States government, in the global effort to
            reduce child hunger and increase school attendance.
        (i) Private Sector Involvement.--The President is urged to
    encourage the support and active involvement of the private
    sector, foundations, and other individuals and organizations in
    programs assisted under this section.
        (j) Graduation.--An agreement with an eligible organization
    under this section shall include provisions--
              (1) to--
                      (A) sustain the benefits to the education,
                    enrollment, and attendance of children in
                    schools in the targeted communities when the
                    provision of commodities and assistance to a
                    recipient country under a program under this
                    section terminates; and
                      (B) estimate the period of time required
                    until the recipient country or eligible
                    organization is able to provide sufficient
                    assistance without additional assistance under
                    this section; or
              (2) to provide other long-term benefits to targeted
            populations of the recipient country.
        (k) Requirement To Safeguard Local Production and Usual
    Marketing.--The requirement of section 403(a) of the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1733(a)) applies with respect to the availability of
    commodities under this section.
        (l) Funding.--
              (1) In general.--Of the funds of the Commodity Credit
            Corporation, the President shall use $100,000,000 for
            fiscal year 2003 to carry out this section.
              (2) Authorization of appropriations.--There are
            authorized to be appropriated such sums as are
            necessary to carry out this section for each of fiscal
            years 2004 through 2007.
              (3) Administrative expenses.--Funds made available to
            carry out this section may be used to pay the
            administrative expenses of any Federal agency
            implementing or assisting in the implementation of this
            section.

                           Subtitle C--Miscellaneous

              * * * * * * *

    SEC. 3204. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM. * * * \3\
    ---------------------------------------------------------------------------

        \3\ Added sec. 1543A to the Food, Agriculture, Conservation, and
    Trade Act of 1990.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3206.\4\ GLOBAL MARKET STRATEGY.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, and biennially thereafter, the Secretary
    of Agriculture shall consult with the Committee on Agriculture,
    and the Committee on International Relations, of the House of
    Representatives and the Committee on Agriculture, Nutrition,
    and Forestry of the Senate on the formulation and
    implementation of a global market strategy for the Department
    of Agriculture that, to the maximum extent practicable--
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 5603a.
    ---------------------------------------------------------------------------
              (1) identifies opportunities for the growth of
            agricultural exports to overseas markets;
              (2) ensures that the resources, programs, and
            policies of the Department are coordinated with those
            of other agencies; and
              (3) remove \5\ barriers to agricultural trade in
            overseas markets.
    ---------------------------------------------------------------------------
        \5\ As enrolled. Should read ``removes''.
    ---------------------------------------------------------------------------
        (b) Review.--The consultations under subsection (a) shall
    include a review of--
              (1) the strategic goals of the Department; and
              (2) the progress of the Department in implementing
            the strategic goals through the global market strategy.
              * * * * * * *

    SEC. 3209. SENSE OF CONGRESS CONCERNING FOREIGN ASSISTANCE PROGRAMS.

        (a) Findings.--Congress finds that--
              (1) the international community faces a continuing
            epidemic of ethnic, sectarian, and criminal violence;
              (2) poverty, hunger, political uncertainty, and
            social instability are the principal causes of violence
            and conflict around the world;
              (3) broad-based, equitable economic growth and
            agriculture development facilitates political
            stability, food security, democracy, and the rule of
            law;
              (4) democratic governments are more likely to
            advocate and observe international laws, protect civil
            and human rights, pursue free market economies, and
            avoid external conflicts;
              (5) the United States Agency for International
            Development has provided critical democracy and
            governance assistance to a majority of the nations that
            successfully made the transition to democratic
            governments during the past 2 decades;
              (6) 43 of the top 50 consumer nations of American
            agricultural products were once United States foreign
            aid recipients;
              (7) in the past 50 years, infant child death rates in
            the developing world have been reduced by 50 percent,
            and health conditions around the world have improved
            more during this period than in any other period;
              (8) the United States Agency for International
            Development child survival programs have significantly
            contributed to a 10 percent reduction in infant
            mortality rates worldwide in just the past 8 years;
              (9) in providing assistance by the United States and
            other donors in better seeds and teaching more
            efficient agricultural techniques over the past 2
            decades have helped make it possible to feed an
            additional 1,000,000,000 people in the world;
              (10) despite this progress, approximately
            1,200,000,000 people, one-quarter of the world's
            population, live on less that $1 per day, and
            approximately 3,000,000,000 people live on only $2 per
            day;
              (11) 95 percent of new births occur in developing
            countries, including the world's poorest countries; and
              (12) only \1/2\ percent of the Federal budget is
            dedicated to international economic and humanitarian
            assistance.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) United States foreign assistance programs should
            play an increased role in the global fight against
            terrorism to complement the national security
            objectives of the United States;
              (2) the United States should lead coordinated
            international efforts to provide increased financial
            assistance to countries with impoverished and
            disadvantaged populations that are the breeding grounds
            for terrorism; and
              (3) the United States Agency for International
            Development and the Department of Agriculture should
            substantially increase humanitarian, economic
            development, and agricultural assistance to foster
            international peace and stability and the promotion of
            human rights.

    SEC. 3210. SENSE OF THE SENATE CONCERNING AGRICULTURAL TRADE.

        (a) Agriculture Trade Negotiating Objectives.--It is the
    sense of the Senate that the principal negotiating objective of
    the United States with respect to agricultural trade in all
    multilateral, regional, and bilateral negotiations is to obtain
    competitive opportunities for the export of United States
    agricultural commodities in foreign markets substantially
    equivalent to the competitive opportunities afforded foreign
    exports in United States markets and to achieve fairer and more
    open conditions of agricultural trade in bulk and value-added
    commodities by--
              (1) reducing or eliminating, by a date certain,
            tariffs or other charges that decrease market
            opportunities for the export of United States
            agricultural commodities, giving priority to United
            States agricultural commodities that are subject to
            significantly higher tariffs or subsidy regimes of
            major producing countries;
              (2) immediately eliminating all export subsidies on
            agricultural commodities worldwide while maintaining
            bona fide food aid and preserving United States
            agricultural market development and export credit
            programs that allow the United States to compete with
            other foreign export promotion efforts;
              (3) leveling the playing field for United States
            agricultural producers by disciplining domestic
            supports such that no other country can provide greater
            support, measured as a percentage of total agricultural
            production value, than the United States does while
            preserving existing green box category to support
            conservation activities, family farms, and rural
            communities;
              (4) developing, strengthening, and clarifying rules
            and effective dispute settlement mechanisms to
            eliminate practices that unfairly decrease United
            States market access opportunities for United States
            agricultural commodities or distort agricultural
            markets to the detriment of the United States,
            including--
                      (A) unfair or trade-distorting activities of
                    state trading enterprises and other
                    administrative mechanisms, with emphasis on--
                              (i) requiring price transparency in
                            the operation of state trading
                            enterprises and such other mechanisms;
                            and
                              (ii) ending discriminatory pricing
                            practices for agricultural commodities
                            that amount to de facto export
                            subsidies so that the enterprises or
                            other mechanisms do not (except in
                            cases of bona fide food aid) sell
                            agricultural commodities in foreign
                            markets at prices below domestic market
                            prices or prices below the full costs
                            of acquiring and delivering
                            agricultural commodities to the foreign
                            markets;
                      (B) unjustified trade restrictions or
                    commercial requirements affecting new
                    agricultural technologies, including
                    biotechnology;
                      (C) unjustified sanitary or phytosanitary
                    restrictions, including restrictions that are
                    not based on scientific principles, in
                    contravention of the Agreement on the
                    Application of Sanitary and Phytosanitary
                    Measures (as described in section 101(d)(3) of
                    the Uruguay Round Agreements Act (19 U.S.C.
                    3511(d)(3)));
                      (D) other unjustified technical barriers to
                    agricultural trade; and
                      (E) restrictive and nontransparent rules in
                    the administration of tariff rate quotas;
              (5) improving import relief mechanisms to recognize
            the unique characteristics of perishable agricultural
            commodities;
              (6) taking into account whether a party to
            negotiations with respect to trading in an agricultural
            commodity has--
                      (A) failed to adhere to the provisions of an
                    existing bilateral trade agreement with the
                    United States;
                      (B) circumvented obligations under a
                    multilateral trade agreement to which the
                    United States is a signatory; or
                      (C) manipulated its currency value to the
                    detriment of United States agricultural
                    producers or exporters; and
              (7) otherwise ensuring that countries that accede to
            the World Trade Organization--
                      (A) have made meaningful market
                    liberalization commitments in agriculture; and
                      (B) make progress in fulfilling those
                    commitments over time.
        (b) Priority for Agriculture Trade.--It is the sense of the
    Senate that--
              (1) reaching a successful agreement on agriculture
            should be the top priority of United States negotiators
            in World Trade Organization talks; and
              (2) if the primary export competitors of the United
            States fail to reduce their trade distorting domestic
            supports and eliminate export subsidies in accordance
            with the negotiating objectives expressed in this
            section, the United States should take steps to
            increase the leverage of United States negotiators and
            level the playing field for United States producers,
            within existing World Trade Organization commitments.
        (c) Consultation With Congressional Committees.--It is the
    sense of the Senate that--
              (1) before the United States Trade Representative
            negotiates a trade agreement that would reduce tariffs
            on agricultural commodities or require a change in
            United States agricultural law, the United States Trade
            Representative should consult with the Committee on
            Agriculture and the Committee on Ways and Means of the
            House of Representatives and the Committee on
            Agriculture, Nutrition, and Forestry and the Committee
            on Finance of the Senate;
              (2) not less than 48 hours before initialing an
            agreement relating to agricultural trade negotiated
            under the auspices of the World Trade Organization, the
            United States Trade Representative should consult
            closely with the committees referred to in paragraph
            (1) regarding--
                      (A) the details of the agreement;
                      (B) the potential impact of the agreement on
                    United States agricultural producers; and
                      (C) any changes in United States law
                    necessary to implement the agreement; and
              (3) any agreement or other understanding (whether
            verbal or in writing) that relates to agricultural
            trade that is not disclosed to Congress before
            legislation implementing a trade agreement is
            introduced in either the Senate or the House of
            Representatives should not be considered to be part of
            the agreement approved by Congress and should have no
            force and effect under Unites \6\ States law or in any
            dispute settlement body.
    ---------------------------------------------------------------------------
        \6\ As enrolled. Should read ``United''.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE IV--NUTRITION PROGRAMS

    SEC. 4001. SHORT TITLE.

        This title may be cited as the ``Food Stamp Reauthorization
    Act of 2002''.
              * * * * * * *

                           Subtitle D--Miscellaneous

              * * * * * * *

    SEC. 4404.\7\ HUNGER FELLOWSHIP PROGRAM.

        (a) Short Title; Findings.--
    ---------------------------------------------------------------------------
        \7\ 2 U.S.C. 1161.
    ---------------------------------------------------------------------------
              (1) Short title.--This section may be cited as the
            ``Congressional Hunger Fellows Act of 2002''.
              (2) Findings.--The Congress finds as follows:
                      (A) There is a critical need for
                    compassionate individuals who are committed to
                    assisting people who suffer from hunger as well
                    as a need for such individuals to initiate and
                    administer solutions to the hunger problem.
                      (B) Bill Emerson, the distinguished late
                    Representative from the 8th District of
                    Missouri, demonstrated his commitment to
                    solving the problem of hunger in a bipartisan
                    manner, his commitment to public service, and
                    his great affection for the institution and the
                    ideals of the United States Congress.
                      (C) George T. (Mickey) Leland, the
                    distinguished late Representative from the 18th
                    District of Texas, demonstrated his compassion
                    for those in need, his high regard for public
                    service, and his lively exercise of political
                    talents.
                      (D) The special concern that Mr. Emerson and
                    Mr. Leland demonstrated during their lives for
                    the hungry and poor was an inspiration for
                    others to work toward the goals of equality and
                    justice for all.
                      (E) These two outstanding leaders maintained
                    a special bond of friendship regardless of
                    political affiliation and worked together to
                    encourage future leaders to recognize and
                    provide service to others, and therefore it is
                    especially appropriate to honor the memory of
                    Mr. Emerson and Mr. Leland by creating a
                    fellowship program to develop and train the
                    future leaders of the United States to pursue
                    careers in humanitarian service.
        (b) Establishment.--There is established as an independent
    entity of the legislative branch of the United States
    Government the Congressional Hunger Fellows Program
    (hereinafter in this section referred to as the ``Program'').
        (c) Board of Trustees.--
              (1) In general.--The Program shall be subject to the
            supervision and direction of a Board of Trustees.
              (2) Members of the board of trustees.--
                      (A) Appointment.--The Board shall be composed
                    of 6 voting members appointed under clause (i)
                    and one nonvoting ex officio member designated
                    in clause (ii) as follows:
                              (i) Voting members.--(I) The Speaker
                            of the House of Representatives shall
                            appoint two members.
                              (II) The minority leader of the House
                            of Representatives shall appoint one
                            member.
                              (III) The majority leader of the
                            Senate shall appoint two members.
                              (IV) The minority leader of the
                            Senate shall appoint one member.
                              (ii) Nonvoting member.--The Executive
                            Director of the program shall serve as
                            a nonvoting ex officio member of the
                            Board.
                      (B) Terms.--Members of the Board shall serve
                    a term of 4 years.
                      (C) Vacancy.--
                              (i) Authority of board.--A vacancy in
                            the membership of the Board does not
                            affect the power of the remaining
                            members to carry out this section.
                              (ii) Appointment of successors.--A
                            vacancy in the membership of the Board
                            shall be filled in the same manner in
                            which the original appointment was
                            made.
                              (iii) Incomplete term.--If a member
                            of the Board does not serve the full
                            term applicable to the member, the
                            individual appointed to fill the
                            resulting vacancy shall be appointed
                            for the remainder of the term of the
                            predecessor of the individual.
                      (D) Chairperson.--As the first order of
                    business of the first meeting of the Board, the
                    members shall elect a Chairperson.
                      (E) Compensation.--
                              (i) In general.--Subject to clause
                            (ii), members of the Board may not
                            receive compensation for service on the
                            Board.
                              (ii) Travel.--Members of the Board
                            may be reimbursed for travel,
                            subsistence, and other necessary
                            expenses incurred in carrying out the
                            duties of the program.
              (3) Duties.--
                      (A) Bylaws.--
                              (i) Establishment.--The Board shall
                            establish such bylaws and other
                            regulations as may be appropriate to
                            enable the Board to carry out this
                            section, including the duties described
                            in this paragraph.
                              (ii) Contents.--Such bylaws and other
                            regulations shall include provisions--
                                      (I) for appropriate fiscal
                                    control, funds accountability,
                                    and operating principles;
                                      (II) to prevent any conflict
                                    of interest, or the appearance
                                    of any conflict of interest, in
                                    the procurement and employment
                                    actions taken by the Board or
                                    by any officer or employee of
                                    the Board and in the selection
                                    and placement of individuals in
                                    the fellowships developed under
                                    the program;
                                      (III) for the resolution of a
                                    tie vote of the members of the
                                    Board; and
                                      (IV) for authorization of
                                    travel for members of the
                                    Board.
                              (iii) Transmittal to congress.--Not
                            later than 90 days after the date of
                            the first meeting of the Board, the
                            Chairperson of the Board shall transmit
                            to the appropriate congressional
                            committees a copy of such bylaws.
                      (B) Budget.--For each fiscal year the program
                    is in operation, the Board shall determine a
                    budget for the program for that fiscal year.
                    All spending by the program shall be pursuant
                    to such budget unless a change is approved by
                    the Board.
                      (C) Process for selection and placement of
                    fellows.--The Board shall review and approve
                    the process established by the Executive
                    Director for the selection and placement of
                    individuals in the fellowships developed under
                    the program.
                      (D) Allocation of funds to fellowships.--The
                    Board of Trustees shall determine the priority
                    of the programs to be carried out under this
                    section and the amount of funds to be allocated
                    for the Emerson and Leland fellowships.
        (d) Purposes; Authority of Program.--
              (1) Purposes.--The purposes of the program are--
                      (A) to encourage future leaders of the United
                    States to pursue careers in humanitarian
                    service, to recognize the needs of people who
                    are hungry and poor, and to provide assistance
                    and compassion for those in need;
                      (B) to increase awareness of the importance
                    of public service; and
                      (C) to provide training and development
                    opportunities for such leaders through
                    placement in programs operated by appropriate
                    organizations or entities.
              (2) Authority.--The program is authorized to develop
            such fellowships to carry out the purposes of this
            section, including the fellowships described in
            paragraph (3).
              (3) Fellowships.--
                      (A) In general.--The program shall establish
                    and carry out the Bill Emerson Hunger
                    Fellowship and the Mickey Leland Hunger
                    Fellowship.
                      (B) Curriculum.--
                              (i) In general.--The fellowships
                            established under subparagraph (A)
                            shall provide experience and training
                            to develop the skills and understanding
                            necessary to improve the humanitarian
                            conditions and the lives of individuals
                            who suffer from hunger, including--
                                      (I) training in direct
                                    service to the hungry in
                                    conjunction with community-
                                    based organizations through a
                                    program of field placement; and
                                      (II) experience in policy
                                    development through placement
                                    in a governmental entity or
                                    nonprofit organization.
                              (ii) Focus of bill emerson hunger
                            fellowship.--The Bill Emerson Hunger
                            Fellowship shall address hunger and
                            other humanitarian needs in the United
                            States.
                              (iii) Focus of mickey leland hunger
                            fellowship.--The Mickey Leland Hunger
                            Fellowship shall address international
                            hunger and other humanitarian needs.
                              (iv) Workplan.--To carry out clause
                            (i) and to assist in the evaluation of
                            the fellowships under paragraph (4),
                            the program shall, for each fellow,
                            approve a work plan that identifies the
                            target objectives for the fellow in the
                            fellowship, including specific duties
                            and responsibilities related to those
                            objectives.
                      (C) Period of fellowship.--
                              (i) Emerson fellow.--A Bill Emerson
                            Hunger Fellowship awarded under this
                            paragraph shall be for no more than 1
                            year.
                              (ii) Leland fellow.--A Mickey Leland
                            Hunger Fellowship awarded under this
                            paragraph shall be for no more than 2
                            years. Not less than 1 year of the
                            fellowship shall be dedicated to
                            fulfilling the requirement of
                            subparagraph (B)(i)(I).
                      (D) Selection of fellows.--
                              (i) In general.--A fellowship shall
                            be awarded pursuant to a nationwide
                            competition established by the program.
                              (ii) Qualification.--A successful
                            applicant shall be an individual who
                            has demonstrated--
                                      (I) an intent to pursue a
                                    career in humanitarian service
                                    and outstanding potential for
                                    such a career;
                                      (II) leadership potential or
                                    actual leadership experience;
                                      (III) diverse life
                                    experience;
                                      (IV) proficient writing and
                                    speaking skills;
                                      (V) an ability to live in
                                    poor or diverse communities;
                                    and
                                      (VI) such other attributes as
                                    determined to be appropriate by
                                    the Board.
                              (iii) Amount of award.--
                                      (I) In general.--Each
                                    individual awarded a fellowship
                                    under this paragraph shall
                                    receive a living allowance and,
                                    subject to subclause (II), an
                                    end-of-service award as
                                    determined by the program.
                                      (II) Requirement for
                                    successful completion of
                                    fellowship.--Each individual
                                    awarded a fellowship under this
                                    paragraph shall be entitled to
                                    receive an end-of-service award
                                    at an appropriate rate for each
                                    month of satisfactory service
                                    as determined by the Executive
                                    Director.
                              (iv) Recognition of fellowship
                            award.--
                                      (I) Emerson fellow.--An
                                    individual awarded a fellowship
                                    from the Bill Emerson Hunger
                                    Fellowship shall be known as an
                                    ``Emerson Fellow''.
                                      (II) Leland fellow.--An
                                    individual awarded a fellowship
                                    from the Mickey Leland Hunger
                                    Fellowship shall be known as a
                                    ``Leland Fellow''.
              (4) Evaluation.--The program shall conduct periodic
            evaluations of the Bill Emerson and Mickey Leland
            Hunger Fellowships. Such evaluations shall include the
            following:
                      (A) An assessment of the successful
                    completion of the work plan of the fellow.
                      (B) An assessment of the impact of the
                    fellowship on the fellows.
                      (C) An assessment of the accomplishment of
                    the purposes of the program.
                      (D) An assessment of the impact of the fellow
                    on the community.
        (e) Trust Fund.--
              (1) Establishment.--There is established the
            Congressional Hunger Fellows Trust Fund (hereinafter in
            this section referred to as the ``Fund'') in the
            Treasury of the United States, consisting of amounts
            appropriated to the Fund under subsection (i), amounts
            credited to it under paragraph (3), and amounts
            received under subsection (g)(3)(A).
              (2) Investment of funds.--The Secretary of the
            Treasury shall invest the full amount of the Fund. Each
            investment shall be made in an interest bearing
            obligation of the United States or an obligation
            guaranteed as to principal and interest by the United
            States that, as determined by the Secretary in
            consultation with the Board, has a maturity suitable
            for the Fund.
              (3) Return on investment.--Except as provided in
            subsection (f)(2), the Secretary of the Treasury shall
            credit to the Fund the interest on, and the proceeds
            from the sale or redemption of, obligations held in the
            Fund.
        (f) Expenditures; Audits.--
              (1) In general.--The Secretary of the Treasury shall
            transfer to the program from the amounts described in
            subsection (e)(3) and subsection (g)(3)(A) such sums as
            the Board determines are necessary to enable the
            program to carry out the provisions of this section.
              (2) Limitation.--The Secretary may not transfer to
            the program the amounts appropriated to the Fund under
            subsection (i).
              (3) Use of funds.--Funds transferred to the program
            under paragraph (1) shall be used for the following
            purposes:
                      (A) Stipends for fellows.--To provide for a
                    living allowance for the fellows.
                      (B) Travel of fellows.--To defray the costs
                    of transportation of the fellows to the
                    fellowship placement sites.
                      (C) Insurance.--To defray the costs of
                    appropriate insurance of the fellows, the
                    program, and the Board.
                      (D) Training of fellows.--To defray the costs
                    of preservice and midservice education and
                    training of fellows.
                      (E) Support staff.--Staff described in
                    subsection (g).
                      (F) Awards.--End-of-service awards under
                    subsection (d)(3)(D)(iii)(II).
                      (G) Additional approved uses.--For such other
                    purposes that the Board determines appropriate
                    to carry out the program.
              (4) Audit by gao.--
                      (A) In general.--The Comptroller General of
                    the United States shall conduct an annual audit
                    of the accounts of the program.
                      (B) Books.--The program shall make available
                    to the Comptroller General all books, accounts,
                    financial records (including records of
                    salaries of the Executive Director and other
                    personnel), reports, files, and all other
                    papers, things, or property belonging to or in
                    use by the program and necessary to facilitate
                    such audit.
                      (C) Report to congress.--The Comptroller
                    General shall submit a copy of the results of
                    each such audit to the appropriate
                    congressional committees.
        (g) Staff; Powers of Program.--
              (1) Executive director.--
                      (A) In general.--The Board shall appoint an
                    Executive Director of the program who shall
                    administer the program. The Executive Director
                    shall carry out such other functions consistent
                    with the provisions of this section as the
                    Board shall prescribe.
                      (B) Restriction.--The Executive Director may
                    not serve as Chairperson of the Board.
                      (C) Compensation.--The Executive Director
                    shall be paid at a rate not to exceed the rate
                    of basic pay payable for level V of the
                    Executive Schedule under section 5316 of title
                    5, United States Code.\8\
    ---------------------------------------------------------------------------
        \8\ The current rate of compensation at level V of the Executive
    Schedule is $133,900 per annum (Executive Order 13393; 70 F.R. 76655;
    December 22, 2005).
    ---------------------------------------------------------------------------
              (2) Staff.--
                      (A) In general.--With the approval of a
                    majority of the Board, the Executive Director
                    may appoint and fix the pay of additional
                    personnel as the Executive Director considers
                    necessary and appropriate to carry out the
                    functions of the provisions of this section.
                      (B) Compensation.--An individual appointed
                    under subparagraph (A) shall be paid at a rate
                    not to exceed the rate of basic pay payable for
                    level GS-15 of the General Schedule.
              (3) Powers.--In order to carry out the provisions of
            this section, the program may perform the following
            functions:
                      (A) Gifts.--The program may solicit, accept,
                    use, and dispose of gifts, bequests, or devises
                    of services or property, both real and
                    personal, for the purpose of aiding or
                    facilitating the work of the program. Gifts,
                    bequests, or devises of money and proceeds from
                    sales of other property received as gifts,
                    bequests, or devises shall be deposited in the
                    Fund and shall be available for disbursement
                    upon order of the Board.
                      (B) Experts and consultants.--The program may
                    procure temporary and intermittent services
                    under section 3109 of title 5, United States
                    Code, but at rates for individuals not to
                    exceed the daily equivalent of the maximum
                    annual rate of basic pay payable for GS-15 of
                    the General Schedule.
                      (C) Contract authority.--The program may
                    contract, with the approval of a majority of
                    the members of the Board, with and compensate
                    Government and private agencies or persons
                    without regard to section 3709 of the Revised
                    Statutes (41 U.S.C. 5).
                      (D) Other necessary expenditures.--The
                    program shall make such other expenditures
                    which the program considers necessary to carry
                    out the provisions of this section, but
                    excluding project development.
        (h) Report.--Not later than December 31 of each year, the
    Board shall submit to the appropriate congressional committees
    a report on the activities of the program carried out during
    the previous fiscal year, and shall include the following:
              (1) An analysis of the evaluations conducted under
            subsection (d)(4) (relating to evaluations of the
            Emerson and Leland fellowships and accomplishment of
            the program purposes) during that fiscal year.
              (2) A statement of the total amount of funds
            attributable to gifts received by the program in that
            fiscal year (as authorized under subsection (g)(3)(A)),
            and the total amount of such funds that were expended
            to carry out the program that fiscal year.
        (i) \9\ Authorization of Appropriations.--There are
    authorized to be appropriated $18,000,000 to carry out the
    provisions of this section.
    ---------------------------------------------------------------------------
        \9\ Sec. 721 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2006 (Public
    Law 109-97; 119 Stat. 2152), provided the following:
        ``Sec. 721. In addition to amounts otherwise appropriated or made
    available by this Act, $2,500,000 is appropriated for the purpose of
    providing Bill Emerson and Mickey Leland Hunger Fellowships, through
    the Congressional Hunger Center.''.
        Sec. 1 of Public Law 108-58 (117 Stat. 859) provided the following:
    ---------------------------------------------------------------------------

    ``section 1. temporary authority for congressional hunger center to award
    bill emerson and mickey leland hunger fellowships.
    ---------------------------------------------------------------------------

        ``Notwithstanding the Congressional Hunger Fellows Act of 2002
    (section 4404 of Public Law 107-171; 2 U.S.C. 1161), funds appropriated
    for fiscal years 2003 and 2004 for the purpose of providing the Bill
    Emerson and Mickey Leland Hunger Fellowships shall be made available to
    the Congressional Hunger Center for the purposes of awarding the
    fellowships, except that any such funds provided in excess of
    $3,000,000 in fiscal year 2003 or $3,000,000 in fiscal year 2004 shall
    be appropriated to the Congressional Hunger Fellows Trust Fund
    established by such Act.''.
    ---------------------------------------------------------------------------
        (j) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
              (1) the Committee on Agriculture and the Committee on
            International Relations of the House of
            Representatives; and
              (2) the Committee on Agriculture, Nutrition, and
            Forestry and the Committee on Foreign Relations of the
            Senate.
           c. Federal Agriculture Improvement and Reform Act of 1996

    Partial text of Public Law 104-127 [H.R. 2854], 110 Stat. 888, approved
                                 April 4, 1996

              Note.--Amendments enacted in Public Law 104-127 to
            other Acts relating to agriculture have been
            incorporated into those Acts.

        AN ACT To modify the operation of certain agricultural programs.

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

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

        (a) Short Title.--This Act may be cited as the ``Federal
    Agriculture Improvement and Reform Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 7201 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE II--AGRICULTURAL TRADE

    Subtitle A--Amendments to Agricultural Trade Development and Assistance
                        Act of 1954 and Related Statutes

              * * * * * * *

            Subtitle B--Amendments to Agricultural Trade Act of 1978

              * * * * * * *

            Subtitle C--Miscellaneous Agricultural Trade Provisions

              * * * * * * *

    SEC. 282. SENSE OF CONGRESS CONCERNING MULTILATERAL DISCIPLINES ON
                        CREDIT GUARANTEES.

        It is the sense of Congress that--
              (1) in negotiations to establish multilateral
            disciplines on agricultural export credits and credit
            guarantees, the United States should not agree to any
            arrangement that is incompatible with the provisions of
            United States law that authorize agricultural export
            credits and credit guarantees;
              (2) in the negotiations (which are held under the
            auspices of the Organization for Economic Cooperation
            and Development), the United States should not reach
            any agreement that fails to impose disciplines on the
            practices of foreign government trading entities such
            as the Australian Wheat Board, the Canadian Wheat
            Board, the New Zealand Dairy Board, and the Australian
            Dairy Board; and
              (3) the disciplines should include greater openness
            in the operations of the entities as long as the
            entities are subsidized by the foreign government or
            have monopolies for exports of a commodity that are
            sanctioned by the foreign government.

    SEC. 283. INTERNATIONAL COTTON ADVISORY COMMITTEE.

        (a) In General.--The President shall ensure that the
    Government of the United States participates as a full member
    of the International Cotton Advisory Committee.
        (b) Representation by the Secretary.--The Secretary of
    Agriculture shall represent the Government of the United States
    as a member of the International Cotton Advisory Committee and
    shall delegate the primary responsibility to represent the
    Government of the United States to appropriately qualified
    individuals.
              * * * * * * *
             d. Enterprise for the Americas Initiative Act of 1992

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

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

     AN ACT To amend the Agricultural Trade Development and Assistance Act
    of 1954 to authorize additional functions within the Enterprise for the
                  Americas Initiative, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Enterprise for the Americas
    Initiative Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

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

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

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

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

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

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

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

        (a) Establishment.--The President shall establish an
    advisory board to be known as the Good Neighbor Environmental
    Board (hereinafter in this section referred to as the
    ``Board'').
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 5404.
    ---------------------------------------------------------------------------
        (b) Purpose.--The purpose of the Board shall be to advise
    the President and the Congress on the need for implementation
    of environmental and infrastructure projects (including
    projects that affect agriculture, rural development, and human
    nutrition) within the States of the United States contiguous to
    Mexico in order to improve the quality of life of persons
    residing on the United States side of the border.
        (c) Membership.--The Board shall be composed of--
              (1) representatives from the United States
            Government, including a representative from the
            Department of Agriculture and representatives from
            other appropriate agencies;
              (2) representatives from the governments of the
            States of Arizona, California, New Mexico, and Texas;
            and
              (3) representatives from private organizations,
            including community development, academic, health,
            environmental, and other nongovernmental entities with
            experience and expertise on environmental and
            infrastructure problems along the southwest border.
        (d) Annual Reports to the President and Congress.--
              (1) In general.--The Board shall submit to the
            President and the Congress of the United States an
            annual report on--
                      (A) the environmental and infrastructure
                    projects referred to in subsection (a) that
                    have been implemented, and
                      (B) the need for the implementation of
                    additional environmental and infrastructure
                    projects.
              (2) Transmission of copies to board members.--The
            Board shall--
                      (A) transmit to each member of the Board a
                    copy of any report to be submitted pursuant to
                    paragraph (1) at least 14 days before its
                    submission, and
                      (B) allow each member of the Board to have 14
                    days within which to prepare and submit
                    supplemental views with respect to the
                    recommendations of the Board for inclusion in
                    such report.
           e. Food, Agriculture, Conservation, and Trade Act of 1990

    Partial text of Public Law 101-624 [S. 2830], 104 Stat. 3359, approved
     November 28, 1990; amended by Public Law 102-237 [Food, Agriculture,
     Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat.
         1818, approved December 13, 1991; Public Law 104-127 [Federal
     Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat.
     888, approved April 4, 1996; and by Public Law 107-171 [Farm Security
     and Rural Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved
                                  May 13, 2002

              Note.--The Food, Agriculture, Conservation, and Trade
            Act of 1990 amended several other Public Laws; these
            amendments are incorporated into the texts of these
            Acts at the appropriate locations. Title XV, the
            Agricultural Development and Trade Act of 1990, may be
            found at page 1428; Title XXIV, the Global Climate
            Change Prevention Act of 1990, may be found in
            Legislation on Foreign Relations Through 2005, vol. IV,
            sec. L. The one freestanding section of subtitle A of
            title XV, the Mickey Leland Food for Peace Act, was
            repealed in 1996.

      AN ACT To extend and revise agricultural price support and related
     programs, to provide for agricultural export, resource conservation,
    farm credit, and agricultural research and related programs, to ensure
    consumers an abundance of food and fiber at reasonable prices, and for
                                other purposes.

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

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

      (a) Short Title.--This Act may be cited as the ``Food,
    Agriculture, Conservation, and Trade Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1421 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                                TITLE IX--SUGAR

              * * * * * * *

    SEC. 903.\2\ REPORTS ON QUOTA ALLOCATIONS TO COUNTRIES IMPORTING SUGAR.
                        * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 903 amended sec. 902(c) of the Food Security Act of 1985
    (7 U.S.C. 1446 note).
    ---------------------------------------------------------------------------
              * * * * * * *

                     TITLE XII--STATE AND PRIVATE FORESTRY

    SEC. 1201.\3\ SHORT TITLE.
    ---------------------------------------------------------------------------

        \3\ 16 U.S.C. 2101 note.
    ---------------------------------------------------------------------------
      This title may be cited as the ``Forest Stewardship Act of
    1990''.
              * * * * * * *

                       Subtitle B--Research and Education

              * * * * * * *

                        CHAPTER 2--SPECIALIZED RESEARCH

              * * * * * * *

    SEC. 1247.\4\ INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE.

      (a) Establishment.--The Secretary of Agriculture may
    establish an International Forest Products Trade Institute
    (hereafter in this section referred to \5\ as the
    ``Institute'').
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 2112 note.
        \5\ Sec. 1018(c) of Public Law 102-237 (105 Stat. 1905) struck out
    ``in this section'' here.
    ---------------------------------------------------------------------------
      (b) Mission.--The mission of the Institute will be to
    increase the competitive position of the forest industries of
    the northeastern United States as major producers of
    international forest products in order to increase domestic
    employment and stimulate rural development, and to provide a
    knowledgeable, objective analysis of global forest resource
    problems.
      (c) Functions.--The Institute shall--
              (1) emphasize the application of existing knowledge
            to the manufacturing and international marketing of
            forest products as well as conduct new research related
            to the competitiveness of the northeastern forest
            products industry;
              (2) study and evaluate domestic and international
            forest, forest sector, agroforestry, development,
            economic, and trade policies;
              (3) design, analyze and test technologically
            appropriate manufacturing, processing and marketing
            systems which are supportive of and consistent with
            forest policy and management strategies formulated by
            the Institute and which enhance opportunities for
            markets in forest products; and
              (4) formulate and test management strategies for--
                      (A) United States forests, and
                      (B) manufacturing facilities that promote
                    ecologically sustainable use, and long-term
                    management, of international forests.
      (d) Authorization of Appropriations.--There are authorized to
    be appropriated such sums as may be necessary to carry out the
    purposes of this section.
              * * * * * * *

                 TITLE XIII--FRUITS, VEGETABLES, AND MARKETING

                       Subtitle A--Fruits and Vegetables

              * * * * * * *

    SEC. 1308. MARKETING ORDERS.

      Section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-
    1), reenacted with amendments by the Agricultural Marketing
    Agreement Act of 1937, is amended by--
              (1) striking ``(a) Notwithstanding any other
            provision of law,'' in the first sentence, and
            inserting in its place ``(a) Subject to the provisions
            of subsections (c) and (d) and notwithstanding any
            other provision of law,'';
              (2) adding at the end thereof the following new
            subsections:
      ``(c) Prior to any import prohibition or regulation under
    this section being made effective with respect to any
    commodity--
              ``(1) the Secretary of Agriculture shall notify the
            United States Trade Representative of such import
            prohibition or regulation; and
              ``(2) the United States Trade Representative shall
            advise the Secretary of Agriculture, within 60 days of
            the notification under paragraph (1), to ensure that
            the application of the grade, size, quality, and
            maturity provisions of the relevant marketing order, or
            comparable restrictions, to imports is not inconsistent
            with United States international obligations under any
            trade agreement, including the General Agreement on
            Tariffs and Trade.
      ``(d) The Secretary may proceed with the proposed prohibition
    or regulation if the Secretary receives the advice and
    concurrence of the United States Trade Representative within 60
    days of the notification under subsection (c)(1).''.
              * * * * * * *

                          TITLE XV--AGRICULTURAL TRADE

    SEC. 1501.\6\ SHORT TITLE.

      This title may be cited as the ``Agricultural Development and
    Trade Act of 1990''.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 1691 note. For text of the freestanding sections of
    the Agricultural Development and Trade Act of 1990, see page 1428.
    ---------------------------------------------------------------------------

     Subtitle A--Agricultural Trade Development and Assistance Act of 1954

    SEC. 1511.\7\ SHORT TITLE.

      This subtitle may be cited as the ``Mickey Leland Food for
    Peace Act''.
    ---------------------------------------------------------------------------
        \7\ 7 U.S.C. 1691 note. The one freestanding section of the Mickey
    Leland Food for Peace Act, sec. 1517--Debt-for-Health-and-Protection
    Swap, was repealed by sec. 265 of the Federal Agriculture Improvement
    and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
    ---------------------------------------------------------------------------

    SEC. 1512.\8\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
                        1954.

      The Agricultural Trade Development and Assistance Act of 1954
    (7 U.S.C. 1691 et seq.) is amended to read as follows:
    ---------------------------------------------------------------------------
        \8\ Sec. 1512 amended the Agricultural Trade Development and
    Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1543A.\9\ BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.

        (a) Establishment.--There is established in the Department
    the biotechnology and agricultural trade program.
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 5679. Added by sec. 3204 of the Farm Security and
    Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 300).
    ---------------------------------------------------------------------------
        (b) Purpose.--The purpose of the program shall be to
    remove, resolve, or mitigate significant regulatory nontariff
    barriers to the export of United States agricultural
    commodities (as defined in section 102 of the Agricultural
    Trade Act of 1978 (7 U.S.C. 5602)) into foreign markets through
    public and private sector projects funded by grants that
    address--
              (1) quick response intervention regarding nontariff
            barriers to United States exports involving--
                      (A) United States agricultural commodities
                    produced through biotechnology;
                      (B) food safety;
                      (C) disease; or
                      (D) other sanitary or phytosanitary concerns;
                    or
              (2) developing protocols as part of bilateral
            negotiations with other countries on issues such as
            animal health, grain quality, and genetically modified
            commodities.
        (c) Eligible Programs.--Depending on need, as determined by
    the Secretary, activities authorized under this section may be
    carried out through--
              (1) this section;
              (2) the emerging markets program under section 1542;
            or
              (3) the Cochran Fellowship Program under section
            1543.
        (d) Funding.--There is authorized to be appropriated
    $6,000,000 for each of fiscal years 2002 through 2007.

                              TITLE XVI--RESEARCH

            Subtitle A--Extensions and Changes to Existing Programs

              * * * * * * *

    SEC. 1613. INTERNATIONAL AGRICULTURAL SCIENCE, EDUCATION, AND
                        DEVELOPMENT AND INTERNATIONAL TRADE DEVELOPMENT
                        CENTERS.

      (a) Science, Education, and Development.--Subsection (a) of
    section 1458 of the National Agricultural Research, Extension,
    and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is amended
    to read as follows: * * * \10\
    ---------------------------------------------------------------------------
        \10\ For text, see page 1545.
    ---------------------------------------------------------------------------
              * * * * * * *

                 Subtitle H--Miscellaneous Research Provisions

              * * * * * * *
    ---------------------------------------------------------------------------
        \11\ Formerly at 7 U.S.C. 5931. Sec. 865 of Public Law 104-127 (110
    Stat. 1174) repealed sec. 1678, which had authorized the Secretary of
    Agriculture to provide at least two special grants to land-grant
    colleges and universities to conduct a study evaluating the trade
    impacts of technical barriers, quality factors, and end-use
    characteristics in agricultural trade to determine whether such factors
    are consistent between commodities.
    ---------------------------------------------------------------------------

    SEC. 1678.\11\ * * * [REPEALED--1996]

              * * * * * * *

                     TITLE XXIV--GLOBAL CLIMATE CHANGE \12\

              * * * * * * *
    ---------------------------------------------------------------------------
        \12\ Title XXIV, the ``Global Climate Change Prevention Act of
    1990'', may be found in Legislation on Foreign Relations Through 2005,
    vol. IV, sec. L.
               f. Agricultural Development and Trade Act of 1990

     Title XV of Public Law 101-624 [Food, Agriculture, Conservation, and
    Trade Act of 1990; S. 2830], 104 Stat. 3359 at 3632, approved November
          28, 1990; amended by Public Law 102-237 [Food, Agriculture,
     Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat.
     1818, approved December 13, 1991; Public Law 102-511 [FREEDOM Support
     Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law
     102-583 [International Narcotics Control Act of 1992; H.R. 6187], 106
       Stat. 4914, approved November 2, 1992; Public Law 103-182 [North
    American Free Trade Agreement Implementation Act; H.R. 3450], 107 Stat.
      2057, approved December 8, 1993; Public Law 104-66 [Federal Reports
     Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved
       December 21, 1995; and by Public Law 104-127 [Federal Agriculture
    Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved
                                 April 4, 1996

              Note.--The Food, Agriculture, Conservation, and Trade
            Act of 1990 amended several other Public Laws; these
            amendments are incorporated into the texts of these
            Acts at the appropriate locations. Title XV appears
            here as the Agricultural Development and Trade Act of
            1990. Freestanding sections of Public Law 101-624 may
            be found at page 1423; title XXIV, the Global Climate
            Change Prevention Act of 1990, may be found in
            Legislation on Foreign Relations Through 2005, vol. IV,
            sec. L. The one freestanding section of subtitle A of
            title XV, the Mickey Leland Food for Peace Act, was
            repealed in 1996.

      AN ACT To extend and revise agricultural price support and related
     programs, to provide for agricultural export, resource conservation,
    farm credit, and agricultural research and related programs, to ensure
    consumers an abundance of food and fiber at reasonable prices, and for
                                other purposes.

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

                          TITLE XV--AGRICULTURAL TRADE

    SEC. 1501.\1\ SHORT TITLE.

      This title may be cited as the ``Agricultural Development and
    Trade Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

     Subtitle A--Agricultural Trade Development and Assistance Act of 1954

    SEC. 1511.\2\ SHORT TITLE.

      This subtitle may be cited as the ``Mickey Leland Food for
    Peace Act''.
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1691 note. The one freestanding section of the Mickey
    Leland Food for Peace Act, sec. 1517--Debt-for-Health-and-Protection
    Swap, was repealed by sec. 265 of the Federal Agriculture Improvement
    and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
    ---------------------------------------------------------------------------

    SEC. 1512.\3\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
                        1954.

      The Agricultural Trade Development and Assistance Act of 1954
    (7 U.S.C. 1691 et seq.) is amended to read as follows:
    ---------------------------------------------------------------------------
        \3\ Sec. 1512 amended the Agricultural Trade Development and
    Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
    ---------------------------------------------------------------------------
              * * * * * * *

                          Subtitle C--Export Promotion

    SEC. 1531.\4\ AMENDMENT TO THE AGRICULTURAL TRADE ACT OF 1978.
    ---------------------------------------------------------------------------

        \4\ Sec. 1531 amended the Agricultural Trade Act of 1978 (7 U.S.C.
    1761 et seq.).
    ---------------------------------------------------------------------------
              * * * * * * *

                         Subtitle D--General Provisions

              * * * * * * *

    SEC. 1542.\5\ PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.

        (a) Funding.--The Commodity Credit Corporation shall make
    available for fiscal years 1996 through 2007 \6\ not less than
    $1,000,000,000 of direct credits or export credit guarantees
    for exports to emerging markets under section 201 or 202 of the
    Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622), in
    addition to the amounts acquired or authorized under section
    211 of the Act (7 U.S.C. 5641) for the program.
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 5622 note. Sec. 277(a)(1)(A) of Public Law 104-127
    (110 Stat. 977) struck out ``emerging democracies'' from the section
    catchline, and inserted in lieu thereof ``emerging markets''. Sec.
    277(a)(2) of that Act amended and restated subsec. (a), which had
    formerly read, as amended, as follows:
        ``(a) Guarantees To Be Made Available.--The Commodity Credit
    Corporation, for the fiscal years 1991 through 1995 shall make
    available not less than $1,000,000,000 of direct credits or export
    credit guarantees for exports to emerging democracies under section 201
    or 202 of the Agricultural Trade Act of 1978, in addition to the
    amounts required or authorized under section 211 of that Act for such
    program.''.
        \6\ Sec. 3203 of the Farm Security and Rural Investment Act of 2002
    (Public Law 107-171; 116 Stat. 300) struck out ``2002'' and inserted in
    lieu thereof ``2007''.
    ---------------------------------------------------------------------------
      (b) \7\ Facilities and Services.--A portion of such export
    credit guarantees shall be made available \8\ for--
    ---------------------------------------------------------------------------
        \7\ Sec. 706(2)(A) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) struck out the subsec. heading ``Improvement of
    Facilities.--'' and inserted in lieu thereof ``Facilities and
    Services.--''.
        \8\ Sec. 706(2)(B) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) struck out ``for the establishment or improvement by
    United States persons of facilities in emerging democracies'' following
    ``shall be made available'' and inserted in lieu thereof ``for--'' and
    paras. (1) and (2), through ``by United States persons''.
    ---------------------------------------------------------------------------
              (1) the establishment or improvement of facilities,
            or
              (2) the provision of services or United States
            produced goods,
    in emerging markets \9\ by United States persons \8\ to improve
    handling, marketing, processing, storage, or distribution of
    imported agricultural commodities and products thereof if the
    Secretary of Agriculture determines that such guarantees will
    primarily promote the export of United States agricultural
    commodities (as defined in section 102(7) \10\ of the
    Agricultural Trade Act of 1978). The \11\ Commodity Credit
    Corporation shall give priority under this subsection to--
    ---------------------------------------------------------------------------
        \9\ Sec. 277(a)(1)(B) of Public Law 104-127 (110 Stat. 977) struck
    out ``emerging democracies'' each place it appeared in subsecs. (b),
    (d), and (e), and inserted in lieu thereof ``emerging markets''.
        \10\ Sec. 277(a)(4) of Public Law 104-127 (110 Stat. 978) struck
    out ``section 101(6)'' and inserted in lieu thereof ``section 102(7)''.
        \11\ Sec. 706(2)(C) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) struck out the last sentence which read ``The Commodity
    Credit Corporation shall give priority under this subsection to
    opportunities or projects identified under subsection (d).'', and
    inserted in lieu thereof ``The Commodity Credit Corporation shall give
    priority under this subsection--'' to the end of the subsection.
    Subsequently, sec. 277(a)(3)(A) of Public Law 104-127 (110 Stat. 977)
    amended and restated the last sentence.
    ---------------------------------------------------------------------------
                      (A) projects that encourage the
                    privatizations of the agricultural sector or
                    that benefit private farms or cooperatives in
                    emerging markets; and
                      (B) projects for which nongovernmental
                    persons agree to assume a relatively larger
                    share of the costs.
      (c) Consultations.--Before the authority under this section
    is exercised, the Secretary of Agriculture shall consult with
    exporters of United States agricultural commodities (as defined
    in section 102(7) \10\ of the Agricultural Trade Act of 1978),
    nongovernmental experts, and other Federal Government agencies
    in order to ensure that facilities in an emerging market \12\
    for which financing is guaranteed under paragraph (1)(B) do not
    primarily benefit countries which are in close geographic
    proximity to that emerging market.\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 277(a)(1)(C) of Public Law 104-127 (110 Stat. 977) struck
    out ``emerging democracy'' and inserted in lieu thereof ``emerging
    market''.
    ---------------------------------------------------------------------------
      (d) \13\ E (Kika) de la Garza Agricultural Fellowship
    Program.--The Secretary of Agriculture (hereafter in this
    section referred to as the ``Secretary'') shall establish a
    program, to be known as the ``E (Kika) de la Garza Agricultural
    Fellowship Program'', to develop agricultural markets in
    emerging markets \9\ and to promote cooperation and exchange of
    information between agricultural institutions and
    agribusinesses in the United States and emerging markets,\14\
    as follows:
    ---------------------------------------------------------------------------
        \13\ Sec. 338(1) of Public Law 102-237 (105 Stat. 1859) struck out
    subsec. (d) heading, which had read ``Sharing United States
    Agricultural Expertise.'', inserted a new heading and new text through
    heading of first para. (1).
        Sec. 338 of Public Law 102-237 further restated this subsection,
    and added a new para. (2) to establish the Agricultural Information
    Program.
        \14\ Sec. 277(a)(3)(B)(i) of Public Law 104-127 (110 Stat. 977)
    struck out ``the Soviet Union'' and inserted in lieu thereof ``emerging
    markets''.
    ---------------------------------------------------------------------------
              (1) Development of agricultural systems.--
                      (A) In general.--
                              (i) Establishment of program.--For
                            each of the fiscal years 1991 through
                            2007,\15\ the Secretary of Agriculture
                            (hereafter in this section referred to
                            as the ``Secretary''), in order to
                            develop, maintain, or expand markets
                            for United States agricultural exports,
                            is directed to make available to
                            emerging markets \9\ the expertise of
                            the United States to make assessments
                            of the food and rural business systems
                            needs of such democracies,\16\ make
                            recommendations on measures necessary
                            to enhance the effectiveness of the
                            systems, including potential reductions
                            in trade barriers, and identify and
                            carry out \17\ specific opportunities
                            and projects to enhance the
                            effectiveness of those systems.
    ---------------------------------------------------------------------------
        \15\ Sec. 3203 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 300) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec.
    277(a)(3)(B)(ii)(I)(aa) of Public Law 104-127 (110 Stat. 978) struck
    out ``1995'' and inserted in lieu thereof ``2002''.
        \16\ Reference to ``democracies'' should probably have been amended
    to read ``markets'' in keeping with other amendments to this section by
    sec. 277 of Public Law 104-127.
        \17\ Sec. 277(a)(3)(B)(ii)(I)(bb) of Public Law 104-127 (110 Stat.
    977) struck out ``those systems, and identify'' and inserted in lieu
    thereof ``the systems, including potential reductions in trade
    barriers, and identify and carry out''.
    ---------------------------------------------------------------------------
                              (ii) Extent of program.--The
                            Secretary shall implement this
                            paragraph with respect to at least 3
                            emerging markets \9\ in each fiscal
                            year.
                      (B) Experts from the united states.--The
                    Secretary may \18\ implement the requirements
                    of subparagraph (A)--
    ---------------------------------------------------------------------------
        \18\ Sec. 277(a)(3)(B)(ii)(II) of Public Law 104-127 (110 Stat.
    978) struck out ``shall'' and inserted in lieu thereof ``may''.
    ---------------------------------------------------------------------------
                              (i) by providing assistance to teams
                            consisting primarily of agricultural
                            consultants, farmers, other persons
                            from the private sector,\19\ and
                            government officials expert in
                            assessing the food and rural business
                            systems of other countries to enable
                            such teams to conduct the assessments,
                            make the recommendations, and identify
                            the opportunities and projects
                            specified in subparagraph (A) in
                            emerging markets; \9\
    ---------------------------------------------------------------------------
        \19\ Sec. 706(3) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) inserted ``, farmers, other persons from the private
    sector,'' after ``agricultural consultants''.
    ---------------------------------------------------------------------------
                              (ii) by providing necessary
                            subsistence expenses in the United
                            States and necessary transportation
                            expenses by individuals designated by
                            emerging markets \9\ to enable such
                            individuals to consult with food and
                            rural business system experts in the
                            United States to enhance such systems
                            of such emerging markets; \20\ and
    ---------------------------------------------------------------------------
        \20\ Sec. 277(a)(1)(B) of Public Law 104-127 (110 Stat. 977) struck
    out ``emerging democracies'' each place it appeared in subsecs. (b),
    (d), and (e), and inserted in lieu thereof ``emerging markets''.
    ---------------------------------------------------------------------------
                              (iii) by providing for necessary
                            subsistence expenses in emerging
                            markets \20\ and necessary
                            transportation expenses of United
                            States agricultural producers and other
                            individuals knowledgeable in
                            agricultural and agribusiness matters
                            to assist in transferring their
                            knowledge and expertise to entities in
                            emerging markets.\20\
                      (C) Cost-sharing.--The Secretary shall
                    encourage the nongovernmental experts described
                    in subparagraph (B) to share the costs of, and
                    otherwise assist in, the participation of such
                    experts in the program under this paragraph.
                      (D) \21\ Technical assistance.--The Secretary
                    is authorized to provide, or pay the necessary
                    costs for, technical assistance (including the
                    establishment of extension services) \22\ to
                    enable individuals or other entities to
                    implement the recommendations or to carry out
                    the opportunities and projects identified under
                    paragraph (1)(A). Notwithstanding any other
                    provision of law, the assistance shall include
                    assistance for administrative and overhead
                    expenses of the International Cooperation and
                    Development Program Area of the Foreign
                    Agriculture Service, to the extent that the
                    expenses were incurred pursuant to reimbursable
                    agreements entered into prior to September 30,
                    1993, the expenses do not exceed $2,000,000 per
                    year, and the expenses are not incurred for
                    information technology systems.\23\
    ---------------------------------------------------------------------------
        \21\ Sec. 706(4) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) restated subpara. (D), which had read as follows:
        ``(D) Technical assistance.--The Secretary is authorized to provide
    technical assistance to implement the recommendations, or in connection
    with the opportunities or projects identified, under subparagraph
    (A).''.
        \22\ Sec. 277(a)(3)(B)(ii)(III) of Public Law 104-127 (110 Stat.
    978) inserted ``(including the establishment of extension services)''
    after ``technical assistance''.
        \23\ Sec. 278 of Public Law 104-127 (110 Stat. 979) added the last
    sentence to subpara. (D).
    ---------------------------------------------------------------------------
                      (E) Reports to secretary.--A team that
                    receives assistance under subparagraph (B)
                    shall prepare such reports as the Secretary may
                    designate.
                      (F) \24\ Advisory committee.--To provide the
                    Secretary with information that may be useful
                    to the Secretary in carrying out the provisions
                    of this paragraph, the Secretary shall
                    establish an advisory committee composed of
                    representatives of the various sectors of the
                    food and rural business systems of the United
                    States.
    ---------------------------------------------------------------------------
        \24\ Sec. 277(a)(3)(B)(ii)(IV) of Public Law 104-127 (110 Stat.
    978) struck out subpara. (F), which had required the Secretary of
    Agriculture to report to Congress annually on activities carried out
    under this paragraph. Sec. 277(a)(3)(B)(ii)(V) redesignated subparas.
    (G), (H), and (I), as subparas. (F), (G), and (H), respectively.
    ---------------------------------------------------------------------------
                      (G) \24\ Use of ccc.--The Secretary shall
                    implement this paragraph through the funds and
                    facilities of the Commodity Credit Corporation.
                    The authority provided under this paragraph
                    shall be in addition to and not in place of any
                    other authority of the Secretary or the
                    Commodity Credit Corporation.
                      (H) \24\ Level of assistance.--The Secretary
                    shall provide assistance under this paragraph
                    of not more than $10,000,000 in any fiscal
                    year.
              (2) Agricultural information program.--
                      (A) Establishment of program.--The Secretary
                    shall establish a program, administered to
                    complement the emerging markets \20\ export
                    promotion program developed under this section,
                    to initiate and develop collaboration between
                    the United States Department of Agriculture,
                    United States agribusinesses, and appropriate
                    agricultural institutions in emerging markets
                    \25\ in order to promote the exchange of
                    information and resources that will make a
                    long-term contribution to the establishment of
                    free market food production and distributions
                    systems \26\ in emerging markets \25\ and the
                    enhancement of agricultural trade with the
                    United States.
    ---------------------------------------------------------------------------
        \25\ Sec. 277(a)(3)(B)(iii)(I) of Public Law 104-127 (110 Stat.
    978) struck out ``the Soviet Union'' throughout para. (2), and inserted
    in lieu thereof ``emerging markets''.
        \26\ Sec. 277(a)(3)(B)(iii)(II) of Public Law 104-127 (110 Stat.
    978) struck out ``a free market food production and distribution
    system'' and inserted in lieu thereof ``free market food production and
    distribution systems''.
    ---------------------------------------------------------------------------
                      (B) Implementation.--The Secretary shall draw
                    on the Department of Agriculture's experience
                    to design, implement, and evaluate, on a cost-
                    sharing basis with cooperating agricultural
                    institutions, a program to--
                              (i) compile, through contacts with
                            the governments \27\ of emerging
                            markets \25\ and private sector
                            officials in emerging markets,\25\,
                            list of their agricultural
                            institutions, including the location,
                            capabilities, and needs of the
                            institutions;
    ---------------------------------------------------------------------------
        \27\ Sec. 277(a)(3)(B)(iii)(III)(aa) of Public Law 104-127 (110
    Stat. 978) struck out ``Government'' and inserted in lieu thereof
    ``governments''.
    ---------------------------------------------------------------------------
                              (ii) make such information available
                            through an appropriate agency of the
                            Department of Agriculture to
                            agribusinesses and agricultural
                            institutions in the United States and
                            other agencies of the United States
                            Government; and
                              (iii) carry out a program--
                                      (I) to review available
                                    agricultural information
                                    resources, to determine which
                                    would be useful for the
                                    purposes of this program;
                                      (II) to arrange for the
                                    exchange of persons associated
                                    with such agricultural
                                    institutions and agribusinesses
                                    with experience or interest in
                                    the areas of need identified in
                                    clause (i); \28\
    ---------------------------------------------------------------------------
        \28\ Sec. 277(a)(3)(B)(iii)(III) of Public Law 104-127 (110 Stat.
    978) struck out ``and'' at the end of subclause (II); struck the period
    at the end of subclause (III) and inserted in lieu thereof ``; and'';
    and added a new subclause (IV).
    ---------------------------------------------------------------------------
                                      (III) to help establish
                                    contacts between agricultural
                                    entrepreneurs and businesses in
                                    the United States and emerging
                                    markets,\25\ which may include
                                    individuals and entities
                                    participating in the program
                                    established under paragraph
                                    (1), to facilitate cooperation
                                    and joint enterprises; and \28\
                                      (IV) \28\ to provide for the
                                    exchange of administrators and
                                    faculty members from
                                    agricultural and other
                                    institutions to strengthen and
                                    revise educational programs in
                                    agricultural economics,
                                    agribusiness, and agrarian law,
                                    to support change towards a
                                    free market economy in emerging
                                    markets.
                      (C) Consultation and coordination.--The
                    Secretary shall consult and coordinate with the
                    Secretary of State and the Agency for
                    International Development in the formulation
                    and implementation of this program in
                    conjunction with overall assistance to emerging
                    markets.\25\
                      (D) \29\ Authorization for appropriations.--
                    There are authorized to be appropriated such
                    sums as may be necessary to carry out the
                    program established under this paragraph.
    ---------------------------------------------------------------------------
        \29\ Sec. 277(a)(3)(B)(iii)(IV) and (V) of Public Law 104-127 (110
    Stat. 978) struck out subpara. (D), and redesignated subpara. (E) as
    subpara. (D). Sec. 277(a)(3)(B)(iv) of that Act struck out para. (3),
    which had authorized the Secretary of Agriculture to grant fellowships
    to individuals from countries that are parties to the North American
    Free Trade Agreement to study agriculture in the United States, and to
    individuals in the United States to study agriculture in other NAFTA
    countries. The paragraph had been added by sec. 321(g) of the North
    American Free Trade Agreement Implementation Act (Public Law 103-182;
    107 Stat. 2112).
    ---------------------------------------------------------------------------
      (e) Foreign Debt Burdens.--
              (1) Effect of credits.--In carrying out the program
            described in subsection (a), the Secretary of
            Agriculture shall ensure that the credits for which
            repayment is guaranteed under subsection (a) do not
            negatively affect the political and economic situation
            in emerging markets \20\ by excessively adding to the
            foreign debt burdens of such countries.
              (2) Consultation and report.--Subject to section 217
            of the Department of Agriculture Reorganization Act of
            1994 (7 U.S.C. 6917), not \30\ later than 6 months
            after the effective date of this title, and not later
            than the end of each 6-month period occurring
            thereafter, the Secretary of Agriculture, in
            consultation with other appropriate Federal
            departments, shall prepare and transmit to the
            Committee on Foreign Affairs \31\ and the Committee on
            Agriculture of the House of Representatives, and the
            Committee on Agriculture, Nutrition, and Forestry of
            the Senate a report to assist the Congress in assessing
            the extent to which credits for which repayment is
            guaranteed under subsection (a) meet the requirements
            of paragraph (1). The report shall include--
    ---------------------------------------------------------------------------
        \30\ Sec. 277(a)(5) of Public Law 104-127 (110 Stat. 978) struck
    out ``Not'' and inserted in lieu thereof ``Subject to section 217 of
    the Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
    6917), not''.
        \31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
                      (A) the amount and allocation, by country, of
                    credit guarantees issued under subsection (a);
                      (B) the aggregate foreign debt burdens of
                    countries receiving commodities or facilities
                    under such credit guarantees, expressed in
                    terms of debt on account of agricultural
                    commodities or products thereof, or facilities
                    for which guarantees may be made under
                    subsection (a)(1)(B), and all other debt;
                      (C) the activities of creditor governments
                    and private creditors to reschedule or reduce
                    payments due on existing debt owed to such
                    creditors by a country in cases where such
                    country has been unable to fully meet its debt
                    obligations; and
                      (D) an analysis of--
                              (i) the economic effects of the
                            foreign debt burden of each recipient
                            country, and in particular the economic
                            effects on each recipient country of
                            the credits for which repayment is
                            guaranteed under subsection (a); and
                              (ii) the relationship between any
                            negative economic effects on any
                            recipient country caused by its overall
                            foreign debt burden and debt incurred
                            under subsection (a) and such country's
                            political stability.
      (f) \32\ Emerging Market.--In this section and section 1543,
    the term ``emerging market'' means any country that the
    Secretary determines--
    ---------------------------------------------------------------------------
        \32\ Sec. 277(a)(1)(D) of Public Law 104-127 (110 Stat. 977)
    amended and restated subsec. (f). Prior to this amendment, authority to
    determine what countries were taking steps toward political pluralism,
    certain economic reforms, respect for international recognized human
    rights, and a friendly relationship with the United States, rested with
    the President. On August 10, 1995, the President determined:
        ``that the following countries are taking steps set forth in
    section 1542(f) of the Act to qualify as emerging democracies for
    purposes of that section:
    ---------------------------------------------------------------------------

      ``Albania, Bangladesh, Belarus, Bosnia and Herzegovina, Bulgaria,
    Cambodia, Croatia, Czech Republic, Egypt, El Salvador, Estonia, the former
    Yugoslav Republic of Macedonia, Ghana, Guatemala, Hungary, Jordan,
    Kazakhstan, Latvia, Lithuania, Morocco, Namibia, Nicaragua, Pakistan,
    Panama, the Philippines, Poland, Romania, Russia, Slovak Republic,
    Slovenia, South Africa, Tanzania, Tunisia, Ukraine, Yemen, and Zimbabwe.
    ---------------------------------------------------------------------------

        ``In making this determination, I have considered the eligibility
    only of those countries for which programs are underway or currently
    contemplated by the Department of Agriculture.'' (Presidential
    Determination No. 95-35; 60 F.R. 44723).
    ---------------------------------------------------------------------------
              (1) is taking steps toward a market-oriented economy
            through the food, agriculture, or rural business
            sectors of the economy of the country; and
              (2) has the potential to provide a viable and
            significant market for United States agricultural
            commodities or products of United States agricultural
            commodities.

    SEC. 1543.\33\ AGRICULTURAL FELLOWSHIP PROGRAM FOR MIDDLE INCOME
                        COUNTRIES, EMERGING DEMOCRACIES, AND EMERGING
                        MARKETS.

      (a) Establishment.--The Secretary of Agriculture shall
    establish a fellowship program for,\34\ to be known as the
    ``Cochran Fellowship Program'', to provide fellowships to
    individuals from eligible countries (as determined under
    subsection (b)) \34\ who specialize in agriculture for study in
    the United States.
    ---------------------------------------------------------------------------
        \33\ 7 U.S.C. 3293. Sec. 277(b)(1) of Public Law 104-127 (110 Stat.
    979) struck out ``middle income countries and emerging democracies''
    from the section catchline, and inserted in lieu thereof ``middle
    income countries, emerging democracies, and emerging markets''.
        \34\ Sec. 705(a)(1) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3349) struck out ``middle income countries and emerging
    democracies'' after ``program for,'' and inserted in lieu thereof ``(as
    determined under subsection (b))'' after ``eligible countries''. Should
    read ``* * * a fellowship program to be known as * * *''.
    ---------------------------------------------------------------------------
      (b) Eligible Countries.--Countries described in any of the
    following paragraphs \35\ shall be eligible to participate in
    the program established under this section:
    ---------------------------------------------------------------------------
        \35\ Sec. 705(a)(2)(A) of the FREEDOM Support Act (Public Law 102-
    511; 106 Stat. 3349) struck out ``that meet the following
    requirements'' after ``Countries'', and inserted in lieu thereof
    ``described in any of the following paragraphs''.
    ---------------------------------------------------------------------------
              (1) Middle-income country.--A country that has
            developed economically to the point where it no longer
            qualifies for bilateral foreign aid assistance from the
            United States because its per capita income level
            exceeds the eligibility requirements of such assistance
            programs (hereafter referred to in this section as a
            ``middle-income'' country).
              (2) Ongoing relationship.--A middle-income country
            that has never qualified for bilateral foreign aid
            assistance from the United States, but with respect to
            which an ongoing relationship with the United States,
            including technical assistance and training, would
            provide mutual benefits to such country and the United
            States.
              (3) Type of government.--A country that has recently
            begun the transformation of its system of government
            from a non-representative type of government to a
            representative democracy and that is encouraging
            democratic institution building, and the cultural
            values, institutions, and organizations of democratic
            pluralism.
              (4) \36\ Independent states of the former soviet
            union.--A country that is an independent state of the
            former Soviet Union (as defined in section 102(8) of
            the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8)),
            to the extent that the Secretary of Agriculture
            determines that such country should be eligible to
            participate in the program established under this
            section.
    ---------------------------------------------------------------------------
        \36\ Sec. 705(a)(2)(B) of the FREEDOM Support Act (Public Law 102-
    511; 106 Stat. 3349) added para. (4).
    ---------------------------------------------------------------------------
              (5) \37\ Emerging market.--Any emerging market, as
            defined in section 1542(f).
    ---------------------------------------------------------------------------
        \37\ Sec. 277(b)(2) of Public Law 104-127 (110 Stat. 979) added
    para. (5).
    ---------------------------------------------------------------------------
      (c) Purpose of the Fellowships.--Fellowships under this
    section shall be provided to permit the recipients to gain
    knowledge and skills that will--
              (1) assist eligible countries to develop agricultural
            systems necessary to meet the food and fiber needs \38\
            of their domestic populations; and
    ---------------------------------------------------------------------------
        \38\ Sec. 277(b)(3) of Public Law 104-127 (110 Stat. 979) struck
    out ``food needs'' and inserted in lieu thereof ``food and fiber
    needs''.
    ---------------------------------------------------------------------------
              (2) strengthen and enhance trade linkages between
            eligible countries and agricultural interests in the
            United States.
      (d) Individuals Who May Receive Fellowships.--The Secretary
    shall utilize the expertise of United States agricultural
    counselors, trade officers, and commodity trade promotion
    groups working in participating countries to help identify
    program candidates for fellowships under this section from both
    the public and private sectors of those countries. The
    Secretary may provide fellowships under the program authorized
    by this section to private agricultural producers from eligible
    countries.\39\
    ---------------------------------------------------------------------------
        \39\ Sec. 705(b) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) added the last sentence in subsec. (d).
    ---------------------------------------------------------------------------
      (e) Program Implementation.--The Secretary shall consult with
    other United States Government agencies, United States
    universities, and the private agribusiness sector, as
    appropriate, to design and administer training programs to
    accomplish the objectives of the program \40\ established under
    this section.
    ---------------------------------------------------------------------------
        \40\ Sec. 1002 of Public Law 102-237 (105 Stat. 1894) struck out
    ``Program'' and inserted in lieu thereof ``program''.
    ---------------------------------------------------------------------------
      (f) Authorization of Appropriations.--There are authorized to
    be appropriated without fiscal year limitation such sums as may
    be necessary to carry out the program established under this
    section, except that the amount of such funds in any fiscal
    year shall not exceed--
              (1) for eligible countries that meet the requirements
            of subsection (b)(1), $3,000,000;
              (2)  for  eligible  countries  that  meet  the
            requirements  of subsection (b)(2), $2,000,000; and
              (3) for eligible countries that meet the requirements
            of subsection (b)(3), $5,000,000.
      (g) Complementary Funds.--If the Secretary of Agriculture
    determines that it is advisable in furtherance of the purposes
    of the program established under this section, the Secretary
    may accept money, funds, property, and services of every kind
    by gift, devise, bequest, grant, or otherwise, and may, in any
    manner, dispose of all such holdings and use the receipts
    generated from such disposition as general program funds under
    this section. All funds so designated for the program
    established under this section shall remain available until
    expended.

    SEC. 1544.\41\ ASSISTANCE IN FURTHERANCE OF NARCOTICS CONTROL
                        OBJECTIVES OF THE UNITED STATES.

      (a) Waiver of Certain Restrictions.--For the purpose of
    reducing dependence upon the production of crops from which
    narcotic and psychotropic drugs are derived, the President may
    provide economic assistance for a country which, because of its
    coca production, is a major illicit drug producing country (as
    defined in section 481(e)(2) \42\ of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2291(i)(2))) to promote the production,
    processing, or the marketing of products which can be
    economically produced in such country, notwithstanding the
    provisions of law described in subsection (b) of this section.
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 2151x-2.
        \42\ Formerly read ``section 481(i)(2)''. Sec. 6(a) of Public Law
    102-583 (106 Stat. 4932), however, provided that ``Any reference in any
    provision of law enacted before the date of enactment of this Act to
    section 481(e) or section 481(i) of that Act shall be deemed to be a
    reference to section 489 or section 481(e) (as amended * * *)''.
    ---------------------------------------------------------------------------
      (b) Description of Restrictions Waived.--The provisions of
    law made inapplicable by subsection (a) are any other
    provisions of law that would otherwise restrict the use of
    economic assistance funds with respect to the production,
    processing, or marketing of agricultural commodities (or the
    products thereof) or other products, including sections 521,
    546, and 547 (but excluding section 510) of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1990, and comparable provisions of
    subsequent Acts appropriating funds for foreign operations,
    export financing, and related programs.
      (c) Definition of Economic Assistance.--As used in this
    section, the term ``economic assistance'' means assistance
    under chapter 1 of part I of the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 and following; relating to development
    assistance) and assistance under chapter 4 of part II of that
    Act (22 U.S.C. 2346 and following; relating to the economic
    support fund).
    ---------------------------------------------------------------------------
        \43\ Formerly at 7 U.S.C. 1761 note. 273 of Public Law 104-127 (110
    Stat. 976) repealed sec. 1545, relating to world livestock market price
    information.
        \44\ Sec. 281(a) of Public Law 104-127 (110 Stat. 980) repealed the
    following sections from this subtitle: sec. 1551--study of North
    American free trade area; sec. 1552--rose and flower study; sec. 1553--
    commodity transportation and technology assessment and report; sec.
    1554--report on sec. 22 suspension (Agricultural Adjustment Act) or
    termination; sec. 1555--agricultural exports to the European Community;
    sec. 1558--sense of Congress concerning rebalancing proposal of the
    European Community (redesignated from sec. 1559 by sec. 1011(d) of
    Public Law 104-66; 109 Stat. 709); and sec. 1559--sense of the Senate
    regarding multilateral trade negotiations (redesignated from sec. 1560
    by sec. 1011(d) of Public Law 104-66; 109 Stat. 709).
    ---------------------------------------------------------------------------

    SEC. 1545.\43\ * * * [REPEALED--1996]

            Subtitle E--Studies, Reports, and Other Provisions \44\

    SEC. 1551. * * * [REPEALED--1996]

    SEC. 1552. * * * [REPEALED--1996]

    SEC. 1553. * * * [REPEALED--1996]

    SEC. 1554. * * * [REPEALED--1996]

    SEC. 1555. * * * [REPEALED--1996]

    SEC. 1556.\45\ LANGUAGE PROFICIENCY AND EVALUATION OF FOREIGN
                        AGRICULTURAL SERVICE OFFICERS.

      (a) Assessment of Foreign Language Competence.--The Foreign
    Agricultural Service shall revise its evaluation reports for
    its Foreign Service officers so as to require in a separate
    entry an assessment of the officer's effectiveness in using, in
    his or her work, a foreign language or foreign languages tested
    at the General Professional Speaking Proficiency level or
    above, in cases where the supervisor is capable of making such
    an assessment.
    ---------------------------------------------------------------------------
        \45\ 7 U.S.C. 5694 note. Subsec. (c) of this section was struck out
    by sec. 281(b) of Public Law 104-127 (110 Stat. 980). It had required a
    report to Congress on language proficiency in Foreign Agricultural
    Services personnel.
    ---------------------------------------------------------------------------
      (b) Precedence in Promotion.--The Director of Personnel of
    the Foreign Agricultural Service shall instruct promotion
    panels to take account of language ability and, all criteria
    for promotion otherwise being equal, to give precedence in
    promotions to officers who have achieved at least the General
    Professional Speaking Proficiency level in 1 or more foreign
    languages over officers who lack that level of proficiency.

    SEC. 1557.\46\ REPORTING REQUIREMENTS RELATING TO TOBACCO. * * *
    ---------------------------------------------------------------------------

        \46\ Sec. 1557 amended the Tobacco Adjustment Act of 1983 at 7
    U.S.C. 509.
    ---------------------------------------------------------------------------

    SEC. 1558.\47\ * * * [REPEALED--1996]
    ---------------------------------------------------------------------------

        \47\ Sec. 1011(d) of Public Law 104-66 (109 Stat. 709) repealed
    sec. 1558, which required a report on the origin of exports of peanuts.
    That section also redesignated secs. 1559 and 1560 as secs. 1558 and
    1559, respectively. These two latter sections were subsequently
    repealed by sec. 281(a) of Public Law 104-127 (110 Stat. 980).
    ---------------------------------------------------------------------------

    SEC. 1559.\44\, \47\ * * * [REPEALED--1996]

          Subtitle F--Conforming Provisions and Technical Changes \48\

              * * * * * * *
    ---------------------------------------------------------------------------
        \48\ Subtitle F amended the Omnibus Trade and Competitiveness Act
    of 1988, the Food Security Act of 1985, the Agriculture and Food Act of
    1981, the Food for Peace Act of 1966, the Agricultural Act of 1949, the
    Agricultural Act of 1956, the Agricultural Technical Corrections Act
    (Public Law 101-220; 7 U.S.C. 1736cc), and the Agricultural Act of
    1970.
                          g. Agricultural Act of 1949

    Partial text of Public Law 81-439 [H.R. 5345], 63 Stat. 1051, approved
        October 31, 1949; as amended by Public Law 83-480 [S. 2475], 68
        Stat. 458, approved July 10, 1954; Public Law 84-540 [H.R. 10875],
        70 Stat. 203, approved May 28, 1956; Public Law 85-483 [H.R.
        12164], 72 Stat. 286, approved July 2, 1958; Public Law 86-108
        [H.R. 7500], 73 Stat. 250, approved July 24, 1959; Public Law 87-
        703 [H.R. 12391], 76 Stat. 611, approved September 27, 1962; Public
        Law 88-638 [S. 2687], 78 Stat. 1038, approved October 8, 1964;
        Public Law 89-808 [H.R. 14929], 80 Stat. 1538, approved November
        11, 1966; Public Law 91-233 [S. 2595], 84 Stat. 199, approved April
        17, 1970; Public Law 92-603 [H.R. 1], 86 Stat. 1492, approved
        October 30, 1972; Public Law 95-113 [S. 275], 91 Stat. 913,
        approved September 29, 1977; Public Law 96-494 [Agricultural Trade
        Suspension Adjustment Act of 1980, H.R. 3765], 94 Stat. 2570,
        approved December 3, 1980; Public Law 97-98 [Agriculture and Food
        Act of 1981, S. 884], 95 Stat. 1213, approved December 22, 1981;
        Public Law 97-253 [Omnibus Budget Reconciliation Act of 1982, H.R.
        6955], 96 Stat. 766, approved September 8, 1982; Public Law 98-258
        [Agricultural Programs Adjustment Act of 1984, H.R. 4072], 98 Stat.
        137, approved April 10, 1984; Public Law 99-83 [S. 960], 99 Stat.
        271, approved August 8, 1985; Public Law 99-198 [Food Security Act
        of 1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985;
        Public Law 99-260 [Food Security Improvements Act of 1986, H.R.
        1614], 100 Stat. 45, approved March 20, 1986; Public Law 100-203
        [Omnibus Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat.
        1330, approved December 22, 1987; Public Law 100-277 [Agricultural
        Act of 1949, Amendment; S. 2151], 102 Stat. 67, approved April 4,
        1988; Public Law 100-418 [Omnibus Trade and Competitiveness Act of
        1988, H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public
        Law 101-513 [Foreign Operations, Export Financing, and Related
        Programs Appropriations Act, 1991; H.R. 5114] 104 Stat. 2032,
        approved November 5, 1990; Public Law 101-624 [Food, Agriculture,
        Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 3359,
        approved November 28, 1990; Public Law 102-289 [H.R. 4774], 106
        Stat. 176, approved May 20, 1992; Public Law 103-306 [Foreign
        Operations, Export Financing, and Related Programs Appropriations
        Act, 1995; H.R. 4426], 108 Stat. 1608, approved August 23, 1994;
        Public Law 104-127 [Federal Agriculture Improvement and Reform Act
        of 1996; H.R. 2854] 110 Stat. 888, approved April 4, 1996; Public
        Law 107-171 [Farm Security and Rural Investment Act of 2002; H.R.
        2646], 116 Stat. 134, approved May 13, 2002; Public Law 107-206
        [2002 Supplemental Appropriations Act for Further Recovery From and
        Response to Terrorist Attacks on the United States; H.R. 4775], 116
        Stat. 820, approved August 2, 2002; and by Public Law 108-7
        [Consolidated Appropriations Resolution, 2003; H.J. Res. 2], 117
        Stat. 11, approved February 20, 2003

            AN ACT To stabilize prices of agricultural commodities.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Act of 1949''.
              * * * * * * *
        Sec. 107F.\1\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \1\ Sec. 1161(a)(2) of Public Law 101-624 (Food, Agriculture,
    Conservation, and Trade Act of 1990; 104 Stat. 3520) repealed sec.
    107F. Sec. 107F had provided for a program, applicable to any of the
    1986 through 1990 crops of wheat or feed grains, to provide incentives
    for the export of wheat and feed grains from private stocks.
    ---------------------------------------------------------------------------
              * * * * * * *

                      international emergency food reserve

        Sec. 111.\2\ The President is encouraged to enter into
    negotiations with other nations to develop an international
    system of food reserves to provide for humanitarian food relief
    needs and to establish and maintain a food reserve, as a
    contribution of the United States toward the development of
    such a system, to be made available in the event of food
    emergencies in foreign countries. The reserves shall be known
    as the International Emergency Food Reserve.''.
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1445f. Sec. 1102 of the Food and Agriculture Act of
    1977 (Public Law 95-113; 91 Stat. 953) added sec. 111.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 113.\3\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \3\ Formerly at 7 U.S.C. 1445h. Sec. 113, relating to supplemental
    set-aside and acreage limitation authority, was repealed by sec.
    171(b)(2)(F) of Public Law 104-127 (110 Stat. 938).
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 416.\4\ (a) \5\ In order to prevent the waste of
    commodities whether private stocks \6\ or acquired through
    price-support operations by Commodity Credit Corporation before
    they can be disposed of in normal domestic channels without
    impairment of the price-support program or sold abroad at
    competitive world prices, the Commodity Credit Corporation is
    authorized, on such terms and under such regulations as the
    Secretary of Agriculture may deem in the public interest: (1)
    upon application, to make such commodities available to any
    Federal agency for use in making payment for commodities not
    produced in the United States; (2) to barter or exchange such
    commodities for strategic or other materials as authorized by
    law; (3) in the case of food commodities to donate such
    commodities to the Bureau of Indian Affairs and to such State,
    Federal, or private agency or agencies as may be designated by
    the proper State or Federal authority and approved by the
    Secretary, for use in the United States in nonprofit school-
    lunch programs, in nonprofit summer camps for children,\7\ in
    the assistance of needy persons, and in charitable
    institutions, including hospitals, to the extent that needy
    persons are served.\8\ In the case of clause (3) the Secretary
    shall obtain such assurance as he deems necessary that the
    recipients thereof will not diminish their normal expenditures
    for food by reason of such donation. In order to facilitate the
    appropriate disposal of such commodities, the Secretary may
    from time to time estimate and announce the quantity of such
    commodities which he anticipates will become available for
    distribution under clause (3). The Commodity Credit Corporation
    may pay, with respect to commodities disposed of under this
    section, reprocessing, packaging, transporting, handling, and
    other charges accruing up to the time of their delivery to a
    Federal agency, or to the designated State or private agency.
    In addition, in the case of food commodities disposed of under
    this section, the Commodity Credit Corporation may pay the cost
    of processing such commodities into a form suitable for home or
    institutional use, such processing to be accomplished through
    private trade facilities to the greatest extent possible.\9\
    For the purpose of this section the terms ``State'' and
    ``United States'' include the District of Columbia and any
    Territory or possession of the United States. Dairy products
    acquired by the Commodity Credit Corporation through price
    support operations may, insofar as they can be used in the
    United States in nonprofit school lunch and other nonprofit
    child feeding programs, in the assistance of needy persons, and
    in charitable institutions, including hospitals and facilities,
    to the extent that they serve needy persons (including infants
    and children),\10\ be donated for any such use prior to any
    other use or disposition.\11\ Notwithstanding any other
    provision of law, such dairy products may be donated for
    distribution to needy households in the United States and to
    meet the needs of persons receiving nutrition assistance under
    the Older Americans Act of 1965.\12\
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1431. Sec. 302 of Public Law 83-480 (68 Stat. 458)
    comprehensively amended and restated sec. 416.
        Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
    3349), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 703. assistance for private voluntary organizations.
    ---------------------------------------------------------------------------

        ``The President is encouraged to use funds made available under
    section 109 of Public Law 102-229 (105 Stat. 1708), and funds made
    available under chapter 11 of part I of the Foreign Assistance Act of
    1961, to assist private voluntary organizations and cooperatives in
    carrying out food assistance programs for the independent states of the
    former Soviet Union under--
    ---------------------------------------------------------------------------

      ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o);

      ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or

      ``(3) title II of the Agricultural Trade Development and Assistance Act
    of 1954 (7 U.S.C. 1721 et seq.).''.
    ---------------------------------------------------------------------------

        \5\ Sec. 502 of Public Law 98-258 (98 Stat. 137) inserted the
    subsec. designation ``(a)'' and added new subsecs. (b) and (c).
        See also sec. 513 of Public Law 98-411 (Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriation
    Act, 1985), which stated the sense of the Congress that the newly
    enacted authority under sec. 416 of this Act should be used to help
    feed Guatemalan refugees in Mexico.
        \6\ Sec. 205(c) of Public Law 86-108 (73 Stat. 250) added the
    reference to private stocks.
        \7\ Sec. 1 of Public Law 85-483 (72 Stat. 286) added the reference
    to nonprofit summer camps for children.
        \8\ Sec. 3(c) of Public Law 89-808 (80 Stat. 1538) struck out
    clause (4) which previously appeared at this point. Clause (4) provided
    for the donation of excess food commodities to nonprofit voluntary
    agencies registered with the Committee on Voluntary Foreign Aid or
    other appropriate Federal agencies and intergovernmental organizations
    for use in assistance of needy persons and in nonprofit lunch programs
    outside the United States. The authority for such assistance was
    shifted to title II of Public Law 480.
        \9\ Sec. 212 of Public Law 84-540 (70 Stat. 203) added this
    sentence.
        \10\ Sec. 1771(b)(2) of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (Public Law 101-624; 104 Stat. 3807) struck out
    ``hospitals, to the extent that needy persons are served'' and inserted
    in lieu thereof ``hospitals and facilities, to the extent that they
    serve needy persons (including infants and children)''.
        \11\ Public Law 91-233 (84 Stat. 199) added this sentence.
        Another sentence, that previously appeared at this point, was
    repealed by sec. 1302(a)(2) of Public Law 95-113 (91 Stat. 979). This
    sentence, added by sec. 411(g) of Public Law 92-603 (86 Stat. 1492),
    prohibited persons eligible to receive supplementary income under title
    XVI of the Food Stamp Act of 1964 from participating in any program
    conducted under sec. 416.
        \12\ Sec. 1109(1) of the Food Security Act of 1985 (Public Law 99-
    198; 99 Stat. 1467), deleted at this point language authorizing
    donation of such dairy products for the assistance of needy persons
    outside the United States. This text was originally added by sec. 110
    of the Omnibus Budget Reconciliation Act of 1982 (Public Law 97-253; 96
    Stat. 766).
    ---------------------------------------------------------------------------
        (b) \5\, \13\ (1) The Secretary, subject to the
    requirements of paragraph (10), may furnish eligible
    commodities for carrying out programs of assistance in
    developing countries and friendly countries under titles II and
    III \14\ of the Agricultural Trade Development and Assistance
    Act of 1954 and under the Food for Progress Act of 1985, as
    approved by the Secretary, and for such purposes as are
    approved by the Secretary. To ensure that the furnishing of
    commodities under this subsection is coordinated with and
    complements other United States foreign assistance, assistance
    under this subsection shall be coordinated through the
    mechanism designated by the President to coordinate assistance
    under the Agricultural Trade Development and Assistance Act of
    1954.
    ---------------------------------------------------------------------------
        \13\ Sec. 1109(2) of the Food Security Act of 1985 (Public Law 99-
    198; 99 Stat. 1467), comprehensively amended and restated subsec. b.
        Sec. 725 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2006 (Public
    Law 109-97; 119 Stat. 2153; 7 U.S.C. 1431f), provided the following:
        ``sec. 725. Hereafter, of any shipments of commodities made
    pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
    1431(b)), the Secretary of Agriculture shall, to the extent
    practicable, direct that tonnage equal in value to not more than
    $25,000,000 shall be made available to foreign countries to assist in
    mitigating the effects of the Human Immunodeficiency Virus and Acquired
    Immune Deficiency Syndrome on communities, including the provision of--
    ---------------------------------------------------------------------------

      ``(1) agricultural commodities to--

      ``(A) individuals with Human Immunodeficiency Virus or Acquired Immune
    Deficiency Syndrome in the communities; and

      ``(B) households in the communities, particularly individuals caring for
    orphaned children; and

      ``(2) agricultural commodities monetized to provide other assistance
    (including assistance under microcredit and microenterprise programs) to
    create or restore sustainable livelihoods among individuals in the
    communities, particularly individuals caring for orphaned children.''.
    ---------------------------------------------------------------------------

        \14\ Sec. 1514(1) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out ``title
    II'' and inserted in lieu thereof ``titles II and III''.
    ---------------------------------------------------------------------------
        (2) As used in this subsection, the term `eligible
    commodities' means--
              (A) dairy products, wheat, rice, feed grains,\15\ and
            oilseeds acquired by the Commodity Credit Corporation
            through price support operations, and the products
            thereof,\15\ that the Secretary determines meet the
            criteria specified in subsection (a); and
    ---------------------------------------------------------------------------
        \15\ Sec. 1 of Public Law 100-277 (102 Stat. 67) struck out
    ``grains'' and inserted in lieu thereof ``wheat, rice, and feed
    grains''; and inserted ``, and the products thereof,'' after ``price
    support operations''.
    ---------------------------------------------------------------------------
              (B) such other edible agricultural commodities as may
            be acquired by the Secretary or the Commodity Credit
            Corporation in the normal course of operations and that
            are available for disposition under this subsection,
            except that no such commodities may be acquired for the
            purpose of their use under this subsection.
        (3)(A) Commodities may not be made available for
    disposition under this subsection in amounts that (i) will in
    any way reduce the amounts of commodities that traditionally
    are made available through donations to domestic feeding
    programs or agencies, or (ii) will prevent the Secretary from
    fulfilling any agreement entered into by the Secretary under a
    payment-in-kind program under this Act or other Acts
    administered by the Secretary.
        (B)(i) The requirements of section 403(a) \16\ of the
    Agricultural Trade Development and Assistance Act of 1954 shall
    apply with respect to commodities furnished under this
    subsection. Commodities may not be furnished for disposition to
    any country under this subsection except on determinations by
    the Secretary that--
    ---------------------------------------------------------------------------
        \16\ Sec. 1514(2) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out ``402(b)''
    and inserted in lieu thereof ``403(a)''.
    ---------------------------------------------------------------------------
              (I) the receiving country has the absorptive capacity
            to use the commodities efficiently and effectively; and
              (II) such disposition of the commodities will not
            interfere with usual marketings of the United States,
            nor disrupt world prices of agricultural commodities
            and normal patterns of commercial trade with developing
            countries.
        (ii) The requirement for safeguarding usual marketings of
    the United States shall not be used to prevent the furnishing
    under this subsection of any eligible commodity for use in
    countries that--
              (I) have not traditionally purchased the commodity
            from the United States; or
              (II) do not have adequate financial resources to
            acquire the commodity from the United States through
            commercial sources or through concessional sales
            arrangements.
        (C) The Secretary shall take reasonable precautions to
    ensure that--
              (i) commodities furnished under this subsection will
            not displace or interfere with sales that otherwise
            might be made; and
              (ii) sales or barter under paragraph (7) will not
            unduly disrupt world prices of agricultural commodities
            nor normal patterns of commercial trade with friendly
            countries.
        (D) \17\ If eligible commodities are made available under
    this subsection to a friendly country, nonprofit and voluntary
    agencies and cooperatives shall also be eligible to receive
    commodities for food aid programs in the country.
    ---------------------------------------------------------------------------
        \17\ Sec. 2 of Public Law 100-277 (102 Stat. 67) added subpara.
    (D).
    ---------------------------------------------------------------------------
        (4) Agreements may be entered into under this subsection to
    provide eligible commodities in installments over an extended
    period of time. In agreements with recipients of eligible
    commodities under this subsection (including nonprofit and
    voluntary agencies or cooperatives), subject to the
    availability of commodities each fiscal year, the Secretary, on
    request, shall approve multiyear agreements to make
    agricultural commodities available for distribution or sale by
    the recipients if the agreements otherwise meet the
    requirements of this subsection.\18\
    ---------------------------------------------------------------------------
        \18\ Sec. 2 of Public Law 100-277 (102 Stat. 67) added the text to
    this point beginning with ``In agreements with''.
    ---------------------------------------------------------------------------
        (5)(A) Section 406 \19\ of the Agricultural Trade
    Development and Assistance Act of 1954 shall apply to the
    commodities furnished under this subsection.
    ---------------------------------------------------------------------------
        \19\ Sec. 1514(3) and (4) of the Food, Agriculture, Conservation,
    and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out
    ``203'' and inserted ``406''.
    ---------------------------------------------------------------------------
        (B) The Commodity Credit Corporation may pay the processing
    and domestic handling costs incurred, as authorized under this
    subsection, in the form of eligible commodities, as defined in
    paragraph (2)(A), if the Secretary determines that such in-kind
    payment will not disrupt domestic markets.
        (6) The cost of commodities furnished under this
    subsection, and expenses incurred under section 406 \19\ of the
    Agricultural Trade Development and Assistance Act of 1954 in
    connection with those commodities, shall be in addition to the
    level of assistance programmed under that Act and shall not be
    considered expenditures for international affairs and finance.
        (7) Eligible commodities \20\ furnished under this
    subsection may be sold or bartered only with the approval of
    the Secretary and solely as follows:
    ---------------------------------------------------------------------------
        \20\ Sec. 1(a)(b)(2) of Public Law 100-277 (102 Stat. 67) struck
    out ``, and products thereof,'' at this point.
    ---------------------------------------------------------------------------
              (A) Sales and barter that are incidental to the
            donation of the commodities or products.
              (B) Sales and barter to finance the distribution,
            handling, and processing costs of the donated
            commodities or products in the importing country or in
            a country through which such commodities or products
            must be transshipped, or other activities in the
            importing country that are consistent with providing
            food assistance to needy people.
              (C) Sales and barter of commodities and products
            furnished to intergovernmental agencies or
            organizations, insofar as they are consistent with
            normal programming procedures in the distribution of
            commodities by those agencies or organizations.
              (D)(i) Sales of commodities and products furnished to
            nonprofit and voluntary agencies, or cooperatives, for
            food assistance under agreements that provide for the
            use, by the agency or cooperative, of proceeds \21\
            generated from such sale of commodities or products for
            the purposes established in clause (ii) of this
            subparagraph.
    ---------------------------------------------------------------------------
        \21\ Sec. 3201(a)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``foreign
    currency'' before ``proceeds'' in clauses (i) and (iii).
    ---------------------------------------------------------------------------
              (ii) \22\ Proceeds \23\ generated from partial or
            full sales or barter of commodities by a nonprofit and
            voluntary agency or cooperative shall be used--
    ---------------------------------------------------------------------------
        \22\ Sec. 4(a) of Public Law 100-277 (102 Stat. 67) amended and
    restated clause (ii), which previously read as follows:
        ``(ii) Foreign currency proceeds generated from the sales of
    commodities and products under this subparagraph shall be used by
    nonprofit and voluntary agencies, or cooperatives, for activities
    carried out by the agency or cooperative that will enhance the
    effectiveness of transportation, distribution, and use of commodities
    and products donated under this subsection, including food for work
    programs and cooperative and agricultural projects.''.
        \23\ Sec. 3201(a)(2)(A) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``Foreign
    currencies'' and inserted in lieu thereof ``Proceeds''.
    ---------------------------------------------------------------------------
                      (I) to transport, store, distribute, and
                    otherwise enhance the effectiveness of the use
                    of commodities and the products thereof donated
                    under this section; and
                      (II) to implement income generating,
                    community development, health, nutrition,
                    cooperative development, agricultural programs,
                    and other developmental activities.
    In \24\ addition, proceeds \25\ generated in Poland may also be
    used by governmental and nongovernmental \26\ agencies or
    cooperatives for eligible activities approved by the joint
    commission \27\ established pursuant to section 2226 of the
    American Aid to Poland Act of 1988 and by the United States
    chief of diplomatic mission in Poland that would improve the
    quality of life of the Polish people and would strengthen and
    support the activities of governmental or \26\ private,
    nongovernmental independent institutions in Poland. Activities
    eligible under the preceding sentence include--
    ---------------------------------------------------------------------------
        \24\ Sec. 2225 of Public Law 100-418 added text from this point,
    through subclause (III).
        \25\ Sec. 3201(a)(2)(B) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``foreign
    currency''.
        \26\ The paragraph titled ``Poland Assistance'' in sec. 562 of
    Public Law 101-513 (104 Stat. 2032) struck out ``such'' and inserted in
    lieu thereof ``governmental and nongovernmental'' following ``may also
    be used by''; and inserted ``governmental or'' following ``activities
    of''.
        \27\ Sec. 2226 of Public Law 100-418 provided the following
    concerning the joint commission:
        ``(a) Establishment.--The joint commission referred to in sections
    2223 and 2224 and in section 416(b)(7)(D)(ii) of the Agricultural Act
    of 1949 (as amended by section 2225 of this Act) shall be established
    under an agreement between the United States Government, the Government
    of Poland, and nongovernmental agencies (as defined in section 2223)
    operating in Poland.
        ``(b) Membership.--The joint commission shall be composed of--
    ---------------------------------------------------------------------------

      ``(1) appropriate representatives of the Government of Poland;

      ``(2) appropriate representatives of nongovernmental agencies which are
    parties to the agreement described in subsection (a); and

      ``(3) representatives from the United States diplomatic mission in
    Poland, which may include a representative of the Foreign Agricultural
    Service.''.

                      (I) any project undertaken in Poland under
                    the auspices of the Charitable Commission of
                    the Polish Catholic Episcopate for the benefit
                    of handicapped or orphaned children;
                      (II) any project for the reconstruction,
                    renovation, or maintenance of the Research
                    Center on Jewish History and Culture of the
                    Jagiellonian University of Krakow, Poland,
                    established for the study of events related to
                    the Holocaust in Poland; \28\
    ---------------------------------------------------------------------------
        \28\ Sec. 576(c) of Public Law 103-306 (108 Stat. 1654) struck out
    ``and'' at the end of subclause (II), replaced a period at the end of
    subclause (III) with ``; and'', and added subclause (IV).
    ---------------------------------------------------------------------------
                      (III) any other project or activity which
                    strengthens and supports private and
                    independent sectors of the Polish economy,
                    especially independent farming and agriculture;
                    and
                      (IV) the Polish Catholic Episcopate's Rural
                    Water Supply Foundation.
              (iii) Except as otherwise provided in clause (v),
            such agreements, taken together for each fiscal year,
            shall provide for sales of commodities and products for
            proceeds \29\ in amounts that are, in the aggregate,
            not less than 10 \30\ percent of the aggregate value of
            all commodities and products furnished, or the minimum
            tonnage required, whichever is greater,\30\ for
            carrying out programs of assistance under this
            subsection in such fiscal year. The minimum allocation
            requirements of this clause apply with respect to
            commodities and products made available under this
            subsection for carrying out programs of assistance
            under titles II and III \31\ of the Agricultural Trade
            Development and Assistance Act of 1954, and not with
            respect to commodities and products made available to
            carry out the Food for Progress Act of 1985.
    ---------------------------------------------------------------------------
        \29\ Sec. 3201(a)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``foreign
    currency'' before ``proceeds'' in clauses (i) and (iii).
        \30\ Sec. 4(b) of Public Law 100-277 (102 Stat. 68) inserted ``10
    percent'' in lieu of ``5 percent'' and added the text ``, or the
    minimum tonnage required, whichever is greater,''.
        \31\ Sec. 1514(5)(A) of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out
    ``title II'' and inserted in lieu thereof ``titles II and III''.
    ---------------------------------------------------------------------------
              (iv) Proceeds \32\ generated from the sale of
            commodities or products under this subparagraph shall
            be expended within the country of origin within a
            reasonable length of time, as determined by the
            Secretary, except that the Secretary may permit the use
            of proceeds in a country other than the country of
            origin as necessary to expedite the transportation of
            commodities and products furnished under this
            subsection,\33\ or to otherwise carry out the purposes
            of this subsection.\34\
    ---------------------------------------------------------------------------
        \32\ Sec. 3201(a)(3)(A) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``Foreign
    currency proceeds'' and inserted in lieu thereof ``Proceeds''.
        \33\ Sec. 3201(a)(3)(B) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 299) struck out ``country of
    origin--(I) as necessary to expedite'' and inserted in lieu thereof
    ``country of origin as necessary to expedite''. Sec. 3201(a)(3)(C) and
    (D) of that Act made other technical amendments and struck out
    subclause (II), which referred to ``proceeds [that] are generated in a
    currency generally accepted in the other country.''.
        Previously, sec. 264(1)(A)(i) of Public Law 104-127 (110 Stat. 974)
    struck out ``one year of acquisition of such currency, except that the
    Secretary may permit the use of such proceeds (I) in countries other
    than the country of origin as necessary to expedite the transportation
    of commodities and products furnished under this subsection, (II) after
    one year of acquisition as appropriate to achieve the purpose of clause
    (i), and (III) in a country other than the country of origin, if such
    proceeds are generated in a currency generally accepted in such other
    country.'' and inserted in lieu thereof sentence beginning at ``a
    reasonable length of time''.
        \34\ Sec. 105 of the 2002 Supplemental Appropriations Act for
    Further Recovery From and Response to Terrorist Attacks on the United
    States (Public Law 107-206; 116 Stat. 824) struck out ``subsection.''
    and inserted in lieu thereof ``subsection, or to otherwise carry out
    the purposes of this subsection.''.
    ---------------------------------------------------------------------------
              (v) The provisions of clause (iii) of this
            subparagraph establishing minimum annual allocations
            for sales and use of proceeds shall not apply to the
            extent that there have not been sufficient requests for
            such sales and use of proceeds nor to the extent
            required under paragraph (3).
              (E) Sales and barter to cover expenses incurred under
            paragraph (5)(a).
              (F) \35\ The provisions of sections 403(i) and 407(c)
            of the Agricultural Trade Development and Assistance
            Act of 1954 shall apply to donations, sales and barters
            of eligible commodities under this subsection.
    ---------------------------------------------------------------------------
        \35\ Sec. 1514(5)(B) of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) added subpara.
    (F). Sec. 333 of Public Law 102-237 (105 Stat. 1859) corrected the
    indentation of subpara. (F).
    ---------------------------------------------------------------------------
    The \36\ Secretary may approve the use of proceeds or services
    realized from the sale or barter of a commodity furnished under
    this subsection by a nonprofit voluntary agency, cooperative,
    or intergovernmental agency or organization to meet
    administrative expenses incurred in connection with activities
    undertaken under this subsection.
    ---------------------------------------------------------------------------
        \36\ Sec. 264(1)(A)(ii) of Public Law 104-127 (110 Stat. 974)
    struck out ``No portion of the proceeds or services realized from sales
    or barter under this paragraph may be used to meet operating and
    overhead expenses, except as otherwise provided in subparagraph (C) and
    except for personnel and administrative costs incurred by local
    cooperatives.'' and inserted the new sentence following subpara. (F).
    ---------------------------------------------------------------------------
        (8) \37\ Administrative provisions.--
    ---------------------------------------------------------------------------
        \37\ Sec. 3201(b)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 299) amended and restated para.
    (8), retaining former para. (B) as para. (D). Previously, sec.
    264(1)(B) of Public Law 104-127 (110 Stat. 974) struck out subpara. (C)
    to para. (8). The subparagraph was originally added by sec. 5 of Public
    Law 100-277 (102 Stat. 68).
    ---------------------------------------------------------------------------
              (A) Expedited procedures.--To the maximum extent
            practicable, expedited procedures shall be used in the
            implementation of this subsection.
              (B) Estimate of commodities.--The Secretary shall
            publish in the Federal Register, not later than October
            31 of each fiscal year, an estimate of the types and
            quantities of commodities and products that will be
            available under this section for the fiscal year.
              (C) Finalization of agreements.--The Secretary is
            encouraged to finalize program agreements under this
            section not later than December 31 of each fiscal year.
        (D) Regulations.--The Secretary shall be responsible for
    regulations governing sales and barter, and the use of foreign
    currency proceeds, under paragraph (7) of this subsection that
    will provide reasonable safeguards to prevent the occurrence of
    abuses in the conduct of activities provided for in paragraph
    (7).
        (9)(A) Each recipient of commodities and products approved
    for sale or barter under paragraph (7) shall report to the
    Secretary information with respect to the items required to be
    included in the Secretary's report pursuant to clause (i)
    through (iv) of subparagraph (B). Reports pursuant to this
    subparagraph shall be submitted in accordance with regulations
    of the Secretary. Such regulations shall require at least one
    report annually, to be submitted not later than December 31
    following the end of the fiscal year in which the commodities
    and products are received; except that a report shall not be
    required with respect to fiscal year 1985.
        (B) Not later than February 15, 1987, and annually
    thereafter, the Secretary shall report to the Congress on sales
    and barter, and use of foreign currency proceeds, under
    paragraph (7) during the preceding fiscal year. Such report
    shall include information on--
              (i) the quantity of commodities furnished for such
            sale or barter;
              (ii) the amount of funds (including dollar
            equivalents for foreign currencies) and value of
            services generated from such sales and barter in such
            fiscal year;
              (iii) how such funds and services were used;
              (iv) the amount of foreign currency proceeds that
            were used under agreements under subparagraph (D) of
            paragraph (7) in such fiscal year, and the percentage
            of the quantity of all commodities and products
            furnished under this subsection in such fiscal year
            such use represented;
              (v) the Secretary's best estimate of the amount of
            foreign currency proceeds that will be used, under
            agreements under subparagraph (D) of paragraph (7), in
            the then current fiscal year and the next following
            fiscal year (if all requests for such use are agreed
            to), and the percentage that such estimated use
            represents of the quantity of all commodities and
            products that the Secretary estimates will be furnished
            under this subsection in each such fiscal year;
              (vi) the effectiveness of such sales, barter, and use
            during such fiscal year in facilitating the
            distribution of commodities and products under this
            subsection;
              (vii) the extent to which sales, barter, or uses--
                      (I) displace or interfere with commercial
                    sales of United States agricultural commodities
                    and products that otherwise would be made,
                      (II) affect usual marketings of the United
                    States,
                      (III) disrupt world prices of agricultural
                    commodities or normal patterns of trade with
                    friendly countries, or
                      (IV) discourage local production and
                    marketing of agricultural commodities in the
                    countries in which commodities and products are
                    distributed under this subsection; and
              (viii) the Secretary's recommendations, if any, for
            changes to improve the conduct of sales, barter, or use
            activities under paragraph 7.
        (10) \38\ Sale procedure.--In approving sales of
    commodities under this subsection, the Secretary shall follow
    the sale procedure described in section 403(l) of the
    Agricultural Trade Development and Assistance Act of 1954.
    ---------------------------------------------------------------------------
        \38\ Sec. 3009(b)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 283) added new para. (10).
    Previously, sec. 264(1)(C) of Public Law 104-127 (110 Stat. 974) struck
    out former paras. (10), (11), and (12).
    ---------------------------------------------------------------------------
        (11) \39\ Requirements.--
    ---------------------------------------------------------------------------
        \39\ Sec. 3209(b)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 299) added para. (11).
    ---------------------------------------------------------------------------
              (A) In general.--Not later than 270 days after the
            date of enactment of this subparagraph, the Secretary
            shall review and, as necessary, make changes in
            regulations and internal procedures designed to
            streamline, improve, and clarify this application,
            approval, and implementation processes pertaining to
            agreements under this section.
              (B) Considerations.--In conducting the review, the
            Secretary shall consider--
                      (i) revising procedures for submitting
                    proposals;
                      (ii) developing criteria for program approval
                    that separately address the objectives of the
                    program;
                      (iii) pre-screening organizations and
                    proposals to ensure that the minimum
                    qualifications are met;
                      (iv) implementing e-government initiatives
                    and otherwise improving the efficiency of the
                    proposal submission and approval processes;
                      (v) upgrading information management systems;
                      (vi) improving commodity and transportation
                    procurement processes; and
                      (vii) ensuring that evaluation and monitoring
                    methods are sufficient.
              (C) Consultations.--Not later than 1 year after the
            date of enactment of this subparagraph, the Secretary
            shall consult with the Committee on Agriculture and the
            Committee on International Relations, of the House of
            Representatives and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate on changes made
            in regulations and procedures under this paragraph.
        (c) \40\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \40\ Sec. 264(2) of Public Law 104-127 (110 Stat. 974) struck out
    subsec. (c), which authorized the Commodity Credit Corporation, under
    the Secretary of Agriculture, to carry out a two-year pilot program
    under which the Corporation shall barter or exchange accumulated dairy
    products for processed fluid milk. Subsec. (c) was originally added by
    sec. 502 of Public Law 98-258 (98 Stat. 137).
    ---------------------------------------------------------------------------
        (d) \41\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \41\ Sec. 1575 of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3702) struck out subsec.
    (d), which had provided for ``a pilot program under which strategic or
    other materials that the United States does not produce domestically in
    amounts sufficient for its requirements and for which national
    stockpile or reserve goals established by law are unmet shall be
    acquired in exchange for commodities meeting the criteria specified in
    subsection (a).''. Subsec. (d) was added by sec. 1129 of the Food
    Security Act of 1985 (Public Law 99-198; 99 Stat. 1486).
    ---------------------------------------------------------------------------
              * * * * * * *
     h. Agriculture, Rural Development, Food and Drug Administration, and
                   Related Agencies Appropriations Act, 2006

    Partial text of Public Law 109-97 [H.R. 2744], 119 Stat. 2120, approved
                               November 10, 2005

     AN ACT Making appropriations for Agriculture, Rural Development, Food
      and Drug Administration, and Related Agencies, 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 Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    programs for the fiscal year ending September 30, 2006, and for
    other purposes, namely:
              * * * * * * *

                                    TITLE V

                    FOREIGN ASSISTANCE AND RELATED PROGRAMS

             Foreign Agricultural Service and General Sales Manager

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Foreign Agricultural Service,
    including carrying out title VI of the Agricultural Act of 1954
    (7 U.S.C. 1761-1768), market development activities abroad, and
    for enabling the Secretary to coordinate and integrate
    activities of the Department in connection with foreign
    agricultural work, including not to exceed $158,000 for
    representation allowances and for expenses pursuant to section
    8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
    $147,901,000: Provided, That the Service may utilize advances
    of funds, or reimburse this appropriation for expenditures made
    on behalf of Federal agencies, public and private organizations
    and institutions under agreements executed pursuant to the
    agricultural food production assistance programs (7 U.S.C.
    1737) and the foreign assistance programs of the United States
    Agency for International Development.

      public law 480 title i direct credit and food for progress program
                                    account

                         (including transfers of funds)

        For the cost, as defined in section 502 of the
    Congressional Budget Act of 1974, of agreements under the
    Agricultural Trade Development and Assistance Act of 1954, and
    the Food for Progress Act of 1985, including the cost of
    modifying credit arrangements under said Acts, $65,040,000, to
    remain available until expended: Provided, That the Secretary
    of Agriculture may implement a commodity monetization program
    under existing provisions of the Food for Progress Act of 1985
    to provide no less than $5,000,000 in local-currency funding
    support for rural electrification development overseas.
        In addition, for administrative expenses to carry out the
    credit program of title I, Public Law 83-480, and the Food for
    Progress Act of 1985, to the extent funds appropriated for
    Public Law 83-480 are utilized, $3,385,000, of which $168,000
    may be transferred to and merged with the appropriation for
    ``Foreign Agricultural Service, Salaries and Expenses'', and of
    which $3,217,000 may be transferred to and merged with the
    appropriation for ``Farm Service Agency, Salaries and
    Expenses''.

            public law 480 title i ocean freight differential grants

                         (including transfer of funds)

        For ocean freight differential costs for the shipment of
    agricultural commodities under title I of the Agricultural
    Trade Development and Assistance Act of 1954 and under the Food
    for Progress Act of 1985, $11,940,000, to remain available
    until expended: Provided, That funds made available for the
    cost of agreements under title I of the Agricultural Trade
    Development and Assistance Act of 1954 and for title I ocean
    freight differential may be used interchangeably between the
    two accounts with prior notice to the Committees on
    Appropriations of both Houses of Congress.

                         public law 480 title ii grants

        For expenses during the current fiscal year, not otherwise
    recoverable, and unrecovered prior years' costs, including
    interest thereon, under the Agricultural Trade Development and
    Assistance Act of 1954, for commodities supplied in connection
    with dispositions abroad under title II of said Act,
    $1,150,000,000, to remain available until expended.

           commodity credit corporation export loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the Commodity
    Credit Corporation's export guarantee program, GSM 102 and GSM
    103, $5,279,000; to cover common overhead expenses as permitted
    by section 11 of the Commodity Credit Corporation Charter Act
    and in conformity with the Federal Credit Reform Act of 1990,
    of which $3,440,000 may be transferred to and merged with the
    appropriation for ``Foreign Agricultural Service, Salaries and
    Expenses'', and of which $1,839,000 may be transferred to and
    merged with the appropriation for ``Farm Service Agency,
    Salaries and Expenses''.

      mcgovern-dole international food for education and child nutrition
                                 program grants

        For necessary expenses to carry out the provisions of
    section 3107 of the Farm Security and Rural Investment Act of
    2002 (7 U.S.C. 1736o-1), $100,000,000, to remain available
    until expended: Provided, That the Commodity Credit Corporation
    is authorized to provide the services, facilities, and
    authorities for the purpose of implementing such section,
    subject to reimbursement from amounts provided herein.
              * * * * * * *

                         TITLE VII--GENERAL PROVISIONS

              * * * * * * *
        Sec. 706. No part of any appropriation contained in this
    Act shall remain available for obligation beyond the current
    fiscal year unless expressly so provided herein.
              * * * * * * *
        Sec. 721. In addition to amounts otherwise appropriated or
    made available by this Act, $2,500,000 is appropriated for the
    purpose of providing Bill Emerson and Mickey Leland Hunger
    Fellowships, through the Congressional Hunger Center.
        Sec. 722.\1\ Hereafter, notwithstanding section 412 of the
    Agricultural Trade Development and Assistance Act of 1954 (7
    U.S.C. 1736f), any balances available to carry out title III of
    such Act as of the date of enactment of this Act, and any
    recoveries and reimbursements that become available to carry
    out title III of such Act, may be used to carry out title II of
    such Act.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1736f note.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 725.\2\ Hereafter, of any shipments of commodities
    made pursuant to section 416(b) of the Agricultural Act of 1949
    (7 U.S.C. 1431(b)), the Secretary of Agriculture shall, to the
    extent practicable, direct that tonnage equal in value to not
    more than $25,000,000 shall be made available to foreign
    countries to assist in mitigating the effects of the Human
    Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
    on communities, including the provision of--
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1431f.
    ---------------------------------------------------------------------------
              (1) agricultural commodities to--
                      (A) individuals with Human Immunodeficiency
                    Virus or Acquired Immune Deficiency Syndrome in
                    the communities; and
                      (B) households in the communities,
                    particularly individuals caring for orphaned
                    children; and
              (2) agricultural commodities monetized to provide
            other assistance (including assistance under
            microcredit and microenterprise programs) to create or
            restore sustainable livelihoods among individuals in
            the communities, particularly individuals caring for
            orphaned children.
              * * * * * * *
        Sec. 738. None of the funds made available in fiscal year
    2006 or preceding fiscal years for programs authorized under
    the Agricultural Trade Development and Assistance Act of 1954
    (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
    to reimburse the Commodity Credit Corporation for the release
    of eligible commodities under section 302(f)(2)(A) of the Bill
    Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
    That any such funds made available to reimburse the Commodity
    Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
              * * * * * * *
        This Act may be cited as the ``Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2006''.
                          i. Food Security Act of 1985

    Partial text of Public Law 99-198 [H.R. 2100], 99 Stat. 1354, approved
        December 23, 1985, as amended by Public Law 99-260 [Food Security
        Improvements Act of 1986, H.R. 1614], 100 Stat. 45, approved March
        20, 1986; Public Law 100-277 [Agricultural Act of 1949, Amendment;
        S. 2151], 102 Stat. 67, approved April 4, 1988; Public Law 100-418
        [Omnibus Trade and Competitiveness Act of 1988, H.R. 4848], 102
        Stat. 1107, approved August 23, 1988; Public Law 100-435 [Hunger
        Prevention Act of 1988, S. 2560], 102 Stat 1645, approved September
        19, 1988; Public Law 101-239 [Omnibus Budget Reconciliation Act of
        1989, H.R. 3299], 103 Stat. 2106, approved December 19, 1989;
        Public Law 101-624 [Food, Agriculture, Conservation, and Trade Act
        of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990;
        Public Law 102-237 [Food, Agriculture, Conservation, and Trade Act
        Amendments of 1991; H.R. 3029], 105 Stat. 1818, approved December
        13, 1991; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106
        Stat. 3320, approved October 24, 1992; Public Law 103-465 [Uruguay
        Round Agreements Act; H.R. 5110], 108 Stat. 4809, approved December
        8, 1994; Public Law 104-127 [Federal Agriculture Improvement and
        Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4,
        1996; Public Law 105-277 [Agriculture, Rural Development, Food and
        Drug Administration, and Related Agencies Appropriations Act, 1999;
        title I of Omnibus Consolidated and Emergency Supplemental
        Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved
        October 21, 1998; Public Law 107-171 [Farm Security and Rural
        Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved May 13,
        2002; and by Public Law 108-7 [Consolidated Appropriations
        Resolution, 2003; H.J. Res. 2], 117 Stat. 11, approved February 20,
        2003

      AN ACT To extend and revise agricultural price support and related
     programs, to provide for agricultural export, resource conservation,
        farm credit, and agricultural research and related programs, to
    continue food assistance to low-income persons, to ensure consumers an
        abundance of food and fiber at reasonable prices, and for other
                                   purposes.

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

                                TITLE IX--SUGAR

              * * * * * * *

                      prevention of sugar loan forfeitures

        Sec. 902.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1446 note.
    ---------------------------------------------------------------------------
        (c) \2\ (1) \3\ Beginning with the quota year for sugar
    imports which begins after the 1985/1986 quota year, the
    President shall not allocate any of the sugar import quota
    under such provisions to any country that is a net importer of
    sugar derived from sugarcane or sugar beets unless the
    appropriate officials of the country verify to the President
    that that country does not import for reexport to the United
    States any sugar produced in Cuba.
    ---------------------------------------------------------------------------
        \2\ Sec. 204(b)(4) of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 785) provides for
    the President to suspend this subsection, to the extent that this and
    other suspensions contribute to a stable foundation for a
    democratically elected government in Cuba. Sec. 204(d)(4) of that Act
    provides for the repeal of this subsection on the date the President
    determines that a democratically elected government in Cuba is in
    power, submits that determination to the appropriate congressional
    committees and commences the delivery and distribution of assistance to
    such a democratically elected government.
        \3\ Sec. 903 of Public Law 101-624 (104 Stat. 3488) added para.
    designation ``(1)'', and added para. (2).
    ---------------------------------------------------------------------------
        (2) \3\ (A) Effective 90 days after the date of enactment
    of this paragraph and by August 1 of each year thereafter
    through 1995, the Secretary of Agriculture shall report to the
    President and Congress on the extent, if any, of sugar imports
    from Cuba by the countries described in paragraph (1).
        (B) Commencing with the quota year for sugar imports after
    the 1990-1991 quota year, the President shall report to
    Congress by January 1, on--
              (i) the identity of the countries that are net
            importers of sugar derived from sugarcane or sugar
            beets who have a quota for the current quota year;
              (ii) the identity of such countries who have verified
            that they do not import for reexport to the United
            States any sugar produced in Cuba; and
              (iii) the action, if any, taken by the President with
            respect to countries reported by the Secretary of
            Agriculture as net importers of sugar derived from
            sugarcane or sugar beets who imported the sugar from
            Cuba who reexported the sugar to the United States
            during the previous quota year.
              * * * * * * *

                                TITLE XI--TRADE

         Subtitle A--Public Law 480 and Use of Surplus Commodities in
                             International Programs

              * * * * * * *

                            facilitation of exports

        Sec. 1106. It is the sense of Congress that the President
    should work with the People's Republic of China to facilitate
    the export of agricultural commodities to the People's Republic
    of China.

                 farmer-to-farmer program under public law 480

        Sec. 1107.\4\ (a) Notwithstanding any other provision of
    law, not less than one-tenth of 1 percent of the funds
    available for each of the fiscal years ending September 30,
    1986 through September 30, 1990,\5\ to carry out the
    Agricultural Trade Development and Assistance Act of 1954 shall
    be used to carry out paragraphs (1) and (2) of section 406(a)
    of that Act. Any such funds used to carry out paragraph (2) of
    section 406(a) shall not constitute more than one-fourth of the
    funds used as provided by the first sentence of this
    subsection, shall be used for activities in direct support of
    the farmer-to-farmer program under paragraph (1) of section
    406(a), and shall be administered whenever possible in
    conjunction with programs under sections 296 through 300 of the
    Foreign Assistance Act of 1961.
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1736 note.
        \5\ Sec. 6 of Public Law 100-277 (102 Stat. 69) substituted
    ``through September 30, 1990'' in lieu of ``, and September 30, 1987''.
    ---------------------------------------------------------------------------
        (b) Not later than 120 days after the date of enactment of
    this Act, the Administrator of the Agency for International
    Development, in conjunction with the Secretary of Agriculture,
    shall submit to Congress a report indicating the manner in
    which the Agency intends to implement the provisions of
    paragraphs (1) and (2) of section 406(a) of the Agricultural
    Trade Development and Assistance Act of 1954 with the funds
    made available under subsection (a).
              * * * * * * *

                               food for progress

        Sec. 1110.\6\ (a) This section may be cited as the ``Food
    for Progress Act of 1985''.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 1736o. Sec. 4(g) of Executive Order No. 12752 of
    February 25, 1991 (56 F.R. 8255; February 27, 1991) delegated to the
    Secretary of Agriculture the functions conferred on the President in
    the Food for Progress Act, as amended.
        Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
    3349), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 703. assistance for private voluntary organizations.
    ---------------------------------------------------------------------------

        ``The President is encouraged to use funds made available under
    section 109 of Public Law 102-229 (105 Stat. 1708), and funds made
    available under chapter 11 of part I of the Foreign Assistance Act of
    1961, to assist private voluntary organizations and cooperatives in
    carrying out food assistance programs for the independent states of the
    former Soviet Union under--
    ---------------------------------------------------------------------------

      ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o);

      ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or

      ``(3) title II of the Agricultural Trade Development and Assistance Act
    of 1954 (7 U.S.C. 1721 et seq.).''.

        (b) \7\ Definitions.--In this section:
    ---------------------------------------------------------------------------
        \7\ Sec. 3106(b)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 291) amended and restated
    subsecs. (b) and (c).
    ---------------------------------------------------------------------------
              (1) Cooperative.--The term ``cooperative'' has the
            meaning given the term in section 402 of the
            Agricultural Trade Development and Assistance Act of
            1954 (7 U.S.C. 1732).
              (2) Corporation.--The term ``Corporation'' means the
            Commodity Credit Corporation.
              (3) Developing country.--The term ``developing
            country'' has the meaning given the term in section 402
            of the Agricultural Trade Development and Assistance
            Act of 1954 (7 U.S.C. 1732).
              (4) Eligible commodity.--The term ``eligible
            commodity'' means an agricultural commodity, or a
            product of an agricultural commodity, in inventories of
            the Corporation or acquired by the President or the
            Corporation for disposition through commercial
            purchases under a program authorized under this
            section.
              (5) Eligible entity.--The term ``eligible entity''
            means--
                      (A) the government of an emerging
                    agricultural country;
                      (B) an intergovernmental organization;
                      (C) a private voluntary organization;
                      (D) a nonprofit agricultural organization or
                    cooperative;
                      (E) a nongovernmental organization; and
                      (F) any other private entity.
              (6) Food security.--The term ``food security'' means
            access by all people at all times to sufficient food
            and nutrition for a healthy and productive life.
              (7) Nongovernmental organization.--The term
            ``nongovernmental organization'' has the meaning given
            the term in section 402 of the Agricultural Trade
            Development and Assistance Act of 1954 (7 U.S.C. 1732).
              (8) Private voluntary organization.--The term
            ``private voluntary organization'' has the meaning
            given the term in section 402 of the Agricultural Trade
            Development and Assistance Act of 1954 (7 U.S.C. 1732).
              (9) Program.--The term ``program'' means a food
            assistance or development initiative proposed by an
            eligible entity and approved by the President under
            this section.
        (c) \7\ Program.--In order to use the food resources of the
    United States more effectively in support of developing
    countries, and countries that are emerging democracies that
    have made commitments to introduce or expand free enterprise
    elements in their agricultural economies through changes in
    commodity pricing, marketing, input availability, distribution,
    and private sector involvement, the President shall \8\ enter
    into agreements with eligible entities to furnish to the
    countries eligible commodities made available under subsections
    (e) and (f).
    ---------------------------------------------------------------------------
        \8\ Sec. 745(1) of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2005
    (division A of Public Law 108-447; 117 Stat. 44) struck out ``may'' and
    inserted in lieu thereof ``shall''.
    ---------------------------------------------------------------------------
        (d) Consideration for Agreements.--In determining \9\
    whether to enter into an agreement \10\ under this section, the
    President shall consider whether a potential recipient country
    is committed to carry out, or is carrying out, policies that
    promote economic freedom, private, domestic production of
    eligible commodities \11\ for domestic consumption, and the
    creation and expansion of efficient domestic markets for the
    purchase and sale of such commodities. Such policies may
    provide for, among other things--
    ---------------------------------------------------------------------------
        \9\ Sec. 3106(c) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 292) struck out ``(d) In
    determining'' and inserted in lieu thereof ``(d) Consideration for
    Agreements.--In determining''.
        \10\ Sec. 1516(2) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``with
    countries'' at this point.
        \11\ Sec. 3106(b)(2)(A) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out ``food''
    before ``commodities''. Sec. 3106(b)(2)(D) of that Act struck out
    ``commodities'' and inserted in lieu thereof ``eligible commodities''.
    ---------------------------------------------------------------------------
              (1) access, on the part of farmers in the country, to
            private, competitive markets for their product;
              (2) market pricing of eligible commodities \12\ to
            foster adequate private sector incentives to individual
            farmers to produce food on a regular basis for the
            country's domestic needs;
    ---------------------------------------------------------------------------
        \12\ Sec. 3106(b)(2)(D) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out
    ``commodities'' and inserted in lieu thereof ``eligible commodities''.
    ---------------------------------------------------------------------------
              (3) establishment of market-determined foreign
            exchange rates;
              (4) timely availability of production inputs (such as
            seed, fertilizer, or pesticides) to farmers;
              (5) access to technologies appropriate to the level
            of agricultural development in the country; and
              (6) construction of facilities and distribution
            systems necessary to handle perishable products.
        (e) \13\ Funding of Eligible Commodities.--(1) The
    Corporation \14\ shall make available to the President such
    eligible commodities \15\ determined to be available under
    section 401 of the Agricultural Trade Development and
    Assistance Act of 1954 as the President may request for
    purposes of furnishing eligible commodities \15\ under this
    section.
    ---------------------------------------------------------------------------
        \13\ Sec. 3106(d)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 292) struck out ``(e)'' and
    inserted in lieu thereof ``(e) Funding of Eligible Commodities.--''.
        \14\ Sec. 3106(b)(2)(E) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out ``Commodity
    Credit Corporation'' and inserted in lieu thereof ``Corporation''.
        \15\ Sec. 3106(b)(2)(D) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out
    ``commodities'' and inserted in lieu thereof ``eligible commodities''.
    ---------------------------------------------------------------------------
        (2) Notwithstanding any other provision of law, the
    Corporation \14\ may use funds appropriated to carry out title
    I of the Agricultural Trade Development and Assistance Act of
    1954 in carrying out this section with respect to eligible
    commodities \15\ made available under that Act, and subsection
    (g) does not apply to eligible commodities furnished on a grant
    basis or on credit terms under that title.\16\
    ---------------------------------------------------------------------------
        \16\ Sec. 3106(d)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 292) inserted ``, and subsection
    (g) does not apply to eligible commodities furnished on a grant basis
    or on credit terms under that title''.
    ---------------------------------------------------------------------------
        (3) The Corporation \14\ may finance the sale and
    exportation of eligible commodities,\15\ made available under
    the Agricultural Trade Development and Assistance Act of 1954,
    which are furnished \17\ under this section. Payment \17\ for
    eligible commodities \15\ made available under that Act which
    are purchased on credit terms under this section shall be on
    the same basis as the terms provided in section 103 \18\ of
    that Act.
    ---------------------------------------------------------------------------
        \17\ Sec. 1516(3) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3663): (A) struck out ``to a
    developing country''; and (B) struck out ``by a developing country''.
        \18\ Sec. 265(b) of Public Law 104-127 (110 Stat. 974) struck out
    ``section 106'' and inserted in lieu thereof ``section 103''.
    ---------------------------------------------------------------------------
        (4) In the case of eligible commodities \15\ made available
    under the Agricultural Trade Development and Assistance Act of
    1954 for purposes of this section, section 406 \19\ of that Act
    shall apply to eligible commodities \15\ furnished on a grant
    basis \20\ under this section and sections 402, 403(a), 403(c),
    and 403(i) \21\ of that Act shall apply to all eligible
    commodities \15\ furnished \20\ under this section.
    ---------------------------------------------------------------------------
        \19\ Sec. 227(2) of Public Law 104-127 (110 Stat. 962) struck out
    ``203'' and inserted in lieu thereof ``406''.
        \20\ Sec. 1516(4)(A) of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``to
    a developing country'' at these two points.
        \21\ Sec. 1516(4)(B) of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out
    ``section 401(b)'' and inserted in lieu thereof ``sections 402, 403(a),
    403(c), and 403(i)''.
    ---------------------------------------------------------------------------
        (5) \22\ No effect on domestic programs.--The President
    shall not make an eligible commodity available for disposition
    under this section in any amount that will reduce the amount of
    the eligible commodity that is traditionally made available
    through donations to domestic feeding programs or agencies, as
    determined by the President.
    ---------------------------------------------------------------------------
        \22\ Sec. 3106(d)(3) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 292) added para. (5).
    ---------------------------------------------------------------------------
        (f) \23\ Provision of Eligible Commodities to Developing
    Countries.--(1) \24\ The Corporation \14\ may provide for--
    ---------------------------------------------------------------------------
        \23\ Sec. 3106(e)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) struck out ``(f)'' and
    inserted in lieu thereof ``(f) Provision of Eligible Commodities to
    Developing Countries.--''.
        \24\ Sec. 701(2) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3348) restated subsec. (f)(1).
    ---------------------------------------------------------------------------
              (A) grants, or
              (B) \25\ sales on credit terms,
    ---------------------------------------------------------------------------
        \25\ Sec. 227(3)(A) of Public Law 104-127 (110 Stat. 962) struck
    out ``in the case of the independent states of the former Soviet
    Union,'' before ``sales''.
    ---------------------------------------------------------------------------
    of eligible commodities \15\ made available under section
    416(b) of the Agricultural Act of 1949 for use in carrying out
    this section.
        (2) \26\ In carrying out section 416(b) of the Agricultural
    Act of 1949, the Corporation \14\ may purchase eligible
    commodities \15\ for use under this section if--
    ---------------------------------------------------------------------------
        \26\ Sec. 227(3) of Public Law 104-127 (110 Stat. 962) struck out
    para. (2), and redesignated paras. (3) through (5) as (2) through (4).
    Para. (2) had read as follows:
        ``(2) Not less than 75,000 metric tons shall be made available
    pursuant to section 416(b)(10)(C) of the Agricultural Act of 1949 to
    carry out this section unless the President determines there are an
    insufficient number of eligible recipients.''.
    ---------------------------------------------------------------------------
              (A) the Corporation \14\ does not hold stocks of such
            eligible commodities; \15\ or
              (B) Corporation \14\ stocks are insufficient to
            satisfy commitments made in agreements entered into
            under this section and such eligible commodities \15\
            are needed to fulfill such commitments.
        (3) \26\ No funds of the Corporation \14\ in excess of
    $40,000,000 \27\ (exclusive of the cost of eligible commodities
    \15\) may be used for each of fiscal years 1996 through 2007
    \28\ to carry out this section with respect to eligible
    commodities \15\ made available under section 416(b) of the
    Agricultural Act of 1949 unless authorized in advance in
    appropriation Acts.
    ---------------------------------------------------------------------------
        \27\ Sec. 3106(e)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) struck out ``$30,000,000
    (or, in the case of fiscal year 1999, $35,000,000)'' and inserted in
    lieu thereof ``$40,000,000''. Previously, sec. 1125(1) of Public Law
    105-277 (112 Stat. 2681-46) added ``(or, in the case of fiscal year
    1999, $35,000,000)'' after ``$30,000,000''.
        \28\ Sec. 3106(a) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 291) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec. 227(3)(C) of Public
    Law 104-127 (110 Stat. 962) inserted ``for each of fiscal years 1996
    through 2002'' after ``may be used''.
    ---------------------------------------------------------------------------
        (4) \26\ The cost of eligible commodities \15\ made
    available under section 416(b) of the Agricultural Act of 1949
    which are furnished under this section, and the expenses
    incurred in connection with furnishing such eligible
    commodities,\15\ shall be in addition to the level of
    assistance programmed under the Agricultural Trade Development
    and Assistance Act of 1954 and may not be considered
    expenditures for international affairs and finance.
        (5) \29\ Sale procedure.--In making sales of eligible
    commodities under this section, the Secretary shall follow the
    sale procedure described in section 403(1) of the Agricultural
    Trade Development and Assistance Act of 1954.
    ---------------------------------------------------------------------------
        \29\ Sec. 3009(b)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 284) added para. (5).
    ---------------------------------------------------------------------------
        (g) \30\ Minimum Tonnage.--Subject to subsection (f)(3),
    not less than 400,000 metric tons of eligible commodities shall
    \31\ be provided under this section for the program for each of
    fiscal years 2002 through 2007.
    ---------------------------------------------------------------------------
        \30\ Sec. 3106(f) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 293) amended and restated subsec.
    (g), which had read as follows:
        ``(g) Not more than 500,000 metric tons of commodities may be
    furnished under this section in each of the fiscal years 1986 through
    2002.''.
        Previously, sec. 1516(6) of the Food, Agriculture, Conservation,
    and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out
    ``1990'' and inserted in lieu thereof ``1995''. Sec. 227(4) of Public
    Law 104-127 (110 Stat. 962) struck out ``1995'' and inserted in lieu
    thereof ``2002''.
        \31\ Sec. 745(1) of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2005
    (division A of Public Law 108-447; 117 Stat. 44) struck out ``may'' and
    inserted in lieu thereof ``shall''.
    ---------------------------------------------------------------------------
        (h) \32\ Prohibition on Resale or Transshipment of Eligible
    Commodities.--An agreement entered into under this section
    shall prohibit the resale or transshipment of the eligible
    commodities \33\ provided under the agreement to other
    countries.
    ---------------------------------------------------------------------------
        \32\ Sec. 3106(g) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 293) struck out ``(h) An
    agreement'' and inserted in lieu thereof ``(h) Prohibition on Resale or
    Transshipment of Eligible Commodities.--An agreement''.
        \33\ Sec. 3106(b)(2)(D) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out
    ``commodities'' and inserted in lieu thereof ``eligible commodities''.
    ---------------------------------------------------------------------------
        (i) \34\ Displacement of United States Commercial Sales.--
    In entering into agreements under this section, the President
    shall take reasonable steps to avoid displacement of any sales
    of United States commodities that would otherwise be made to
    such countries.
    ---------------------------------------------------------------------------
        \34\ Sec. 3106(h) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 293) struck out ``(i) In entering''
    and inserted in lieu thereof ``(i) Displacement of United States
    Commercial Sales.--In entering''.
    ---------------------------------------------------------------------------
        (j) \35\ Multicountry or Multiyear Basis.--
    ---------------------------------------------------------------------------
        \35\ Sec. 3106(i)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) struck out ``(j) In
    carrying out this section, the President may,'', and inserted in lieu
    thereof ``(j) Multicountry or Multiyear Basis.--'' and text through ``,
    the President'' in subpara. (1). Previously, sec. 1572(1) of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624;
    104 Stat. 3702) struck subsec. (j), which had been amended by that same
    Act at sec. 1516(7); and redesignated subsec. (k) as (j). Subsec. (j),
    as redesignated, was originally added by sec. 4303 of Public Law 100-
    418.
    ---------------------------------------------------------------------------
              (1) In general.--In carrying out this section, the
            President may,\36\ on request and subject to the
            availability of eligible commodities,\33\ is encouraged
            to approve \37\ agreements that provide for eligible
            commodities \33\ to be made available for distribution
            or sale by the recipient \38\ on a multicountry or
            multiyear \39\ basis if the agreements otherwise meet
            the requirements of this section.
    ---------------------------------------------------------------------------
        \36\ Sec. 227(5) of Public Law 104-127 (110 Stat. 962) struck out
    ``shall'' and inserted in lieu thereof ``may''.
        \37\ Sec. 3106(i)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) struck out ``approve'' and
    inserted in lieu thereof ``is encouraged to approve''.
        \38\ Sec. 1516(8) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``recipient
    countries'' and inserted in lieu thereof ``the recipient''.
        \39\ Sec. 3106(i)(3) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) struck out ``multiyear''
    and inserted in lieu thereof ``multicountry or multiyear''.
    ---------------------------------------------------------------------------
              (2) \40\ Deadline for program announcements.--Before
            the beginning of any fiscal year, the President shall,
            to the maximum extent practicable--
    ---------------------------------------------------------------------------
        \40\ Sec. 3106(i)(4) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 293) added paras. (2) and (3).
    ---------------------------------------------------------------------------
                      (A) make all determinations concerning
                    program agreements and resource requests for
                    programs under this section; and
                      (B) announce those determinations.
              (3) \40\ Report.--Not later than December 1 of each
            fiscal year, the President shall submit to the
            Committee on Agriculture of the House of
            Representatives and the Committee on Agriculture,
            Nutrition, and Forestry of the Senate a list of
            programs, countries, and eligible commodities, and the
            total amount of funds for transportation and
            administrative costs, approved to date for the fiscal
            year under this section.
        (k) \41\ Effective and Termination Dates.--This section
    shall be effective during the period beginning October 1, 1985,
    and ending December 31, 2007.\42\
    ---------------------------------------------------------------------------
        \41\ Sec. 3106(j) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 294) struck out ``(k) This
    section'' and inserted in lieu thereof ``(k) Effective and Termination
    Dates.--This section''. Previously, sec. 335(3) of Public Law 102-237
    (105 Stat. 1859) redesignated subsecs. (l) and (m) as (k) and (l),
    respectively.
        \42\ Sec. 3106(a) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 291) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec. 1516(9) of the
    Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
    624; 104 Stat. 3663) struck out ``1990'' and inserted in lieu thereof
    ``December 31, 1995''; and sec. 335(1) of Public Law 102-237 (105 Stat.
    1859) struck out reference to ``September 30,''. Subsequently, sec.
    227(6) of Public Law 104-127 (110 Stat. 962) struck out ``1995'' and
    inserted in lieu thereof ``2002''.
    ---------------------------------------------------------------------------
      (l) \43\ Administrative Expenses.--(1) To enhance the
    development of private sector agriculture in countries
    receiving assistance under this section,\44\ the President may,
    in each of the fiscal years 1996 through 2007,\45\ use in
    addition to any amounts or eligible commodities \33\ otherwise
    made available under this section \44\ for such activities, not
    to exceed $15,000,000 \46\ (or, in the case of fiscal year
    1999, $12,000,000) \47\ of Corporation \14\ funds (or eligible
    commodities \33\ of an equal value owned by the Corporation),
    to provide assistance in the administration, sale, and
    monitoring of food assistance programs, and to provide
    technical assistance for monetization programs,\48\ to
    strengthen private sector agriculture in recipient countries.
    ---------------------------------------------------------------------------
        \43\ Sec.  3106(k)(1)  of  the  Farm  Security  and  Rural
    Investment  Act  of  2002  (Public  Law 107-171; 116 Stat. 294) struck
    out ``(l)'' and inserted in lieu thereof ``(l) Administrative
    Expenses.--''. Previously, sec. 1516(10) of the Food, Agriculture,
    Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.
    3663) added subsec. (m). Sec. 335(3) of Public Law 102-237 (105 Stat.
    1859) redesignated this subsec. as (l).
        \44\ Sec. 335(2) of Public Law 102-237 (105 Stat. 1859) struck out
    ``this Act'' and inserted in lieu thereof ``this section''.
        \45\ Sec. 3106(a) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 291) struck out ``2002'' and
    inserted in lieu thereof ``2007''. Previously, sec. 227(7)(A) of Public
    Law 104-127 (110 Stat. 962) struck out ``1991 through 1995'' and
    inserted in lieu thereof ``1996 through 2002''.
        \46\ Sec. 3106(k)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 294) struck out ``$10,000,000''
    and inserted in lieu thereof ``$15,000,000''.
        \47\ Sec. 1125 of Public Law 105-277 (112 Stat. 2681-46) added
    ``(or, in the case of fiscal year 1999, $12,000,000)''.
        \48\ Sec. 227(7)(B) of Public Law 104-127 (110 Stat. 963) inserted
    ``, and to provide technical assistance for monetization programs,''
    after monitoring of food assistance programs''.
    ---------------------------------------------------------------------------
      (2) To carry out this subsection, the President may provide
    eligible commodities \49\ under agreements entered into under
    this Act in a manner that uses the commodity transaction as a
    means of developing in the recipient countries a competitive
    private sector that can provide for the importation,
    transportation, storage, marketing and distribution of such
    commodities.
    ---------------------------------------------------------------------------
        \49\ Sec. 3106(b)(2)(B) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out
    ``agricultural'' before ``commodities''. Sec. 3106(b)(2)(D) of that Act
    struck out ``commodities'' and inserted in lieu thereof ``eligible
    commodities''.
    ---------------------------------------------------------------------------
      (3) The President may use the assistance provided under this
    subsection and proceeds \50\ derived from the sale of eligible
    commodities \49\ under paragraph (2) to design, monitor, and
    administer activities undertaken with such assistance, for the
    purpose of strengthening or creating the capacity of recipient
    country private enterprises to undertake commercial
    transactions, with the overall goal of increasing potential
    markets for United States agricultural eligible
    commodities.\49\
    ---------------------------------------------------------------------------
        \50\ Sec. 3106(k)(3) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 294) struck out ``local
    currencies'' and inserted in lieu thereof ``proceeds''.
    ---------------------------------------------------------------------------
        (4) \51\ Humanitarian or development purposes.--The
    Secretary may authorize the use of proceeds to pay the costs
    incurred by an eligible entity under this section for--
    ---------------------------------------------------------------------------
        \51\ Sec. 3106(k)(4) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 294) added para. (4).
    ---------------------------------------------------------------------------
              (A)(i) programs targeted at hunger and malnutrition;
            or
              (ii) development programs involving food security;
              (B) transportation, storage, and distribution of
            eligible commodities provided under this section; and
              (C) administration, sales, monitoring, and technical
            assistance.
        (m) \52\ Presidential Approval.--In carrying out this
    section,\53\ the President shall approve, as determined
    appropriate by the President, agreements with agricultural
    trade organizations, intergovernmental organizations, private
    voluntary organizations and cooperatives \54\ that provide
    for--
    ---------------------------------------------------------------------------
        \52\ Sec. 3106(l) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 294) struck out ``(m) In carrying''
    and inserted in lieu thereof ``(m) Presidential Approval.--In
    carrying''. Previously, sec. 701(3) of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3348) added subsecs. (m) and (n) (the latter
    redesignated as subsec. (o); see notes).
        \53\ Sec. 227(8)(A) of Public Law 104-127 (110 Stat. 963) struck
    out ``with respect to the independent states of the former Soviet
    Union'' after ``In carrying out this section''.
        \54\ Sec. 227(8)(B) of Public Law 104-127 (110 Stat. 963) struck
    out ``private voluntary organizations and cooperatives'' and inserted
    in lieu thereof ``agricultural trade organizations, intergovernmental
    organizations, private voluntary organizations and cooperatives''.
    ---------------------------------------------------------------------------
              (1) the sale of eligible commodities,\49\ including
            the marketing of eligible commodities \55\ through the
            private sector; and
    ---------------------------------------------------------------------------
        \55\ Sec. 3106(b)(2)(C) of the Farm Security and Rural Investment
    Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out ``these''
    before ``commodities''. Sec. 3106(b)(2)(D) of that Act struck out
    ``commodities'' and inserted in lieu thereof ``eligible commodities''.
    ---------------------------------------------------------------------------
              (2) the use \56\ of the proceeds generated in the
            humanitarian and development programs of such
            agricultural trade organizations, intergovernmental
            organizations, private voluntary organizations and
            cooperatives.\54\
    ---------------------------------------------------------------------------
        \56\ Sec. 227(8)(C) of Public Law 104-127 (110 Stat. 963) struck
    out ``in the independent states'' after ``the use''.
    ---------------------------------------------------------------------------
        (n) \57\ Program Management.--
    ---------------------------------------------------------------------------
        \57\ Sec. 3106(m) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 294) amended and restated subsec.
    (n). Previously, sec. 1125(3) and (4) of Public Law 105-277 (112 Stat.
    2681-46) redesignated former subsec. (n) as subsec. (o), and added a
    new subsec. (n). Subsequently, subsec. (o), which defined the term
    ``independent states of the former Soviet Union'' to mean ``the
    independent states of the former Soviet Union as defined in section
    102(8) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8))'', was
    struck out by sec. 3106(b)(2)(F) of the Farm Security and Rural
    Investment Act of 2002 (Public Law 107-171; 116 Stat. 292).
    ---------------------------------------------------------------------------
              (1) In general.--The President shall ensure, to the
            maximum extent practicable, that each eligible entity
            participating in 1 or more programs under this
            section--
                      (A) uses eligible commodities made available
                    under this section--
                              (i) in an effective manner;
                              (ii) in the areas of greatest need;
                            and
                              (iii) in a manner that promotes the
                            purposes of this section;
                      (B) in using eligible commodities, assesses
                    and takes into account the needs of recipient
                    countries and the target populations of the
                    recipient countries;
                      (C) works with recipient countries, and
                    indigenous institutions or groups in recipient
                    countries, to design and carry out mutually
                    acceptable programs authorized under this
                    section; and
                      (D) monitors and reports on the distribution
                    or sale of eligible commodities provided under
                    this section using methods that, as determined
                    by the President, facilitate accurate and
                    timely reporting.
              (2) Requirements.--
                      (A) In general.--Not later than 270 days
                    after the date of enactment of this paragraph,
                    the President shall review and, as necessary,
                    make changes in regulations and internal
                    procedures designed to streamline, improve, and
                    clarify the application, approval, and
                    implementation processes pertaining to
                    agreements under this section.
                      (B) Considerations.--In conducting the
                    review, the President shall consider--
                              (i) revising procedures for
                            submitting proposals;
                              (ii) developing criteria for program
                            approval that separately address the
                            objectives of the program;
                              (iii) pre-screening organizations and
                            proposals to ensure that the minimum
                            qualifications are met;
                              (iv) implementing e-government
                            initiatives and otherwise improving the
                            efficiency of the proposal submission
                            and approval processes;
                              (v) upgrading information management
                            systems;
                              (vi) improving commodity and
                            transportation procurement processes;
                            and
                              (vii) ensuring that evaluation and
                            monitoring methods are sufficient.
                      (C) Consultations.--Not later than 1 year
                    after the date of enactment of this paragraph,
                    the President shall consult with the Committee
                    on Agriculture, and the Committee on
                    International Relations, of the House of
                    Representatives and the Committee on
                    Agriculture, Nutrition, and Forestry of the
                    Senate on changes made in regulations and
                    procedures.
              (3) Reports.--Each eligible entity that enters into
            an agreement under this section shall submit to the
            President, at such time as the President may request, a
            report containing such information as the President may
            request relating to the use of eligible commodities and
            funds furnished to the eligible entity under this
            section.
        (o) \58\ Private Voluntary Organizations and Other Private
    Entities.--In entering into agreements described in subsection
    (c), the President (acting through the Secretary)--
    ---------------------------------------------------------------------------
        \58\ Sec. 745(2) of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2005
    (division A of Public Law 108-447; 117 Stat. 44) added subsec. (o).
    ---------------------------------------------------------------------------
              (1) shall enter into agreements with eligible
            entities described in subparagraphs (C) and (F) of
            subsection (b), and
              (2) shall not discriminate against such eligible
            entities.

            sales for local currencies; private enterprise promotion

        Sec. 1111. (a) * * *
        (b) The Congress finds that additional steps should be
    taken to use the agricultural abundance produced by American
    farmers--
              (1) to relieve hunger and promote long-term food
            security and economic development in developing
            countries in accordance with the development assistance
            policy established under section 102 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2151-1); and
              (2) to promote United States agricultural trade
            interests.

                               child immunization

        Sec. 1112. (a) * * *
        (b) In the implementation of health programs undertaken in
    relation to assistance provided under the Agricultural Trade
    Development and Assistance Act of 1954, it shall be the goal of
    the organizations and agencies involved to provide as many
    additional immunizations of children as possible. Such
    increased immunization activities should be taken in
    coordination with similar efforts of other organizations and in
    keeping with any national plans for expanded programs of
    immunization. The President shall include information
    concerning such immunization activities in the annual reports
    required by section 634 of the Foreign Assistance Act of 1961,
    including a report on the estimated number of immunizations
    provided each year pursuant to this subsection.

       special assistant for agricultural trade and food assistance \59\

        Sec. 1113.\60\ (a) The President shall appoint a Special
    Assistant to the President for Agricultural Trade and Food
    Assistance \59\ (hereinafter in this section referred to as the
    ``Special Assistant''). The President shall appoint the initial
    Special Assistant not later than May 1, 1986.\61\
    ---------------------------------------------------------------------------
        \59\ The word ``assistance'' replaced the word ``aid'' as a result
    of Sec. 4(a) of Public Law 99-260 (100 Stat. 49).
        \60\ 7 U.S.C. 1736-1.
        \61\ The last sentence of sec. 1113(a) was added by sec. 4(d) of
    Public Law 99-260 (100 Stat. 49).
    ---------------------------------------------------------------------------
        (b) The Special Assistant shall serve in the Executive
    Office of the President.
        (c) The Special Assistant shall--
              (1) assist and advise the President in order to
            improve and enhance food assistance programs carried
            out in the United States and foreign countries;
              (2) be available to receive suggestions and
            complaints concerning the implementation of United
            States food aid and agricultural export programs
            anywhere in the United States Government and provide
            prompt responses thereto, including expediting the
            program implementation in any instances in which there
            is unreasonable delay;
              (3) make recommendations to the President on means to
            coordinate and streamline the manner in which food
            assistance programs are carried out by the Department
            of Agriculture and the Agency for International
            Development, in order to improve their overall
            effectiveness;
              (4) make recommendations to the President on measures
            to be taken to increase use of United States
            agricultural commodities and the products thereof
            through food assistance programs;
              (5) advise the President on agricultural trade;
              (6) advise the President on the Food for Progress
            Program and expedite its implementation;
              (7) serve as a member of the Development Coordination
            Committee and the Food Aid Subcommittee of such
            Committee;
              (8) advise departments and agencies of the Federal
            Government on their policy guidelines on basic issues
            of food assistance policy to the extent necessary to
            assure the coordination of food assistance programs,
            consistent with law, and with the advice of such
            Subcommittee; and
              (9) submit a report to the President and Congress
            each year through 1990 containing--
                      (A) a global analysis of world food needs and
                    production; and \62\
    ---------------------------------------------------------------------------
        \62\ Sec. 1572(2) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3702): added ``and'' at the
    end of subpara. (A); struck out subpara. (B); and redesignated subpara.
    (C) as (B). Subpara. (B) had required ``an identification of at least
    15 target countries which are most likely to emerge as growth markets
    for agricultural commodities in the next 5 to 10 years''.
    ---------------------------------------------------------------------------
                      (B) a detailed plan for using available
                    export and food aid authorities to increase
                    United States agricultural exports to those
                    targeted countries.
        (d) \63\ Compensation for the Special Assistant shall be
    fixed by the President at an annual rate of basic pay of not
    less than the rate applicable to positions in level III of the
    Executive Schedule.
    ---------------------------------------------------------------------------
        \63\ Subsec. (d) was amended by sec. 4(d) of Public Law 99-260 (100
    Stat. 49), which substituted the provisions relating to the additional
    required functions of the Special Assistant for the provisions relating
    to compensation for the Special Assistant. Subsec. (d) previously read
    as follows:
        ``(d) The Special Assistant shall also--
    ---------------------------------------------------------------------------

      ``(1) solicit information and advice from private and governmental
    sources and recommend a plan to the President and Congress on measures that
    should be taken--

      ``(A) to promote the export of United States agricultural commodities and
    the products thereof; and

      ``(B) to expand export markets for United States agricultural commodities
    and the products thereof;

      ``(2) develop and recommend to the President national agricultural
    policies to foster and promote the United States agricultural industry and
    to maintain and increase strength of this vitally important sector of the
    United States economy; and

      ``(3)(A) appraise the various programs and activities of the Federal
    Government, as they affect the United States agricultural industry, for the
    purpose of determining the extent to which such programs and activities are
    contributing or not contributing to such industry; and

      ``(B) make recommendations to the President and Congress with respect to
    the effectiveness of such programs and activities in contributing to such
    industry.''.
    ---------------------------------------------------------------------------

        The current rate of compensation at level III of the Executive
    Schedule is $152,000 per annum (Executive Order 13393; 70 F.R. 76655;
    December 22, 2005).
    ---------------------------------------------------------------------------

           Subtitle B--Maintenance and Development of Export Markets

                            trade policy declaration

        Sec. 1121.\64\ It is hereby declared to be the agricultural
    trade policy of the United States to--
    ---------------------------------------------------------------------------
        \64\ 7 U.S.C. 1736p. Sec. 267 of Public Law 104-127 (110 Stat. 974)
    struck out subsec. (a), struck out subsec. designation ``(b)'', struck
    out paras. (1) through (4) in former subsec. (b), and inserted new
    paras. (1) through (4).
        Subsec. (a) and paras. (1) through (4) of former subsec. (b) read
    as follows:
        ``(a) Congress finds that--
    ---------------------------------------------------------------------------

      ``(1) the volume and value of United States agricultural exports have
    significantly declined in recent years as a result of unfair foreign
    competition and the high value of the dollar;

      ``(2) this decline has been exacerbated by the lack of uniform and
    coherent objectives in United States agricultural trade policy and the
    absence of direction and coordination in trade policy formulation;

      ``(3) agricultural interests have been under-represented in councils of
    government responsible for determining economic policy that has contributed
    to a strengthening of the United States dollar;

      ``(4) foreign policy objectives of the United States have been introduced
    into the trade policy process in a manner injurious to the goal of
    maximizing United States economic interests through trade; and

      ``(5) the achievement of that goal is in the best interests of the United
    States.
    ---------------------------------------------------------------------------

        ``(b) It is hereby declared to be the agricultural trade policy of
    the United States to--
    ---------------------------------------------------------------------------

      ``(1) provide through all means possible agricultural commodities and
    their products for export at competitive prices, with full assurance of
    quality and reliability of supply;

      ``(2) support the principle of free trade and the promotion of fairer
    trade in agricultural commodities and their products;

      ``(3) cooperate fully in all efforts to negotiate with foreign countries
    reductions in current barriers to fair trade;

      ``(4) counter aggressively unfair foreign trade practices using all
    available means, including export restitution, export bonus programs, and,
    if necessary, restrictions on United States imports of foreign agricultural
    commodities and their products, as a means to encourage fairer trade;''.

              (1) be the premier supplier of agricultural and food
            products to world markets and expand exports of high
            value products;
              (2) support the principle of free trade and the
            promotion of fair trade in agricultural commodities and
            products;
              (3) cooperate fully in all efforts to negotiate with
            foreign countries further reductions in tariff and
            nontariff barriers to trade, including sanitary and
            phytosanitary measures and trade-distorting subsidies;
              (4) aggressively counter unfair foreign trade
            practices as a means of encouraging fairer trade;
              (5) remove foreign policy constraints to maximize
            United States economic interests through agricultural
            trade; and
              (6) provide for the consideration of United States
            agricultural trade interests in the design of national
            fiscal and monetary policy that may foster continued
            strength in the value of the dollar.
    ---------------------------------------------------------------------------
        \65\ Formerly at 7 U.S.C. 1736q. Sec. 268 of Public Law 104-127
    (110 Stat. 975) repealed sec. 1122, which had stated the sense of the
    Congress regarding trade liberalization.
    ---------------------------------------------------------------------------
        Sec. 1122.\65\ * * * [Repealed--1996]

    SEC. 1123.\66\ TRADE NEGOTIATIONS POLICY.

        (a) Findings.--Congress finds that--
    ---------------------------------------------------------------------------
        \66\ 7 U.S.C. 1736r. Sec. 269 of Public Law 104-127 (110 Stat. 975)
    amended and restated sec. 1123. The section previously had authorized
    the Secretary of Agriculture to confer with representatives of other
    major agricultural producing countries and initiate and pursue
    agricultural trade consultations among major agricultural producing
    countries.
    ---------------------------------------------------------------------------
              (1) on a level playing field, United States producers
            are the most competitive suppliers of agricultural
            products in the world;
              (2) exports of United States agricultural products
            accounted for $54,000,000,000 in 1995, contributing a
            net $24,000,000,000 to the merchandise trade balance of
            the United States and supporting approximately
            1,000,000 jobs;
              (3) increased agricultural exports are critical to
            the future of the farm, rural, and overall United
            States economy, but the opportunities for increased
            agricultural exports are limited by the unfair
            subsidies of the competitors of the United States, and
            a variety of tariff and nontariff barriers to highly
            competitive United States agricultural products;
              (4) international negotiations can play a key role in
            breaking down barriers to United States agricultural
            exports;
              (5) the Uruguay Round Agreement on Agriculture made
            significant progress in the attainment of increased
            market access opportunities for United States exports
            of agricultural products, for the first time--
                      (A) restraining foreign trade-distorting
                    domestic support and export subsidy programs;
                    and
                      (B) developing common rules for the
                    application of sanitary and phytosanitary
                    restrictions;
            that should result in increased exports of United
            States agricultural products, jobs, and income growth
            in the United States;
              (6) the Uruguay Round Agreement on Agriculture did
            not succeed in completely eliminating trade distorting
            domestic support and export subsidies by--
                      (A) allowing the European Union to continue
                    unreasonable levels of spending on export
                    subsidies; and
                      (B) failing to discipline monopolistic state
                    trading entities, such as the Canadian Wheat
                    Board, that use nontransparent and
                    discriminatory pricing as a hidden de facto
                    export subsidy;
              (7) during the period 1996 through 2002, there will
            be several opportunities for the United States to
            negotiate fairer trade in agricultural products,
            including further negotiations under the World Trade
            Organization, and steps toward possible free trade
            agreements of the Americas and Asian-Pacific Economic
            Cooperation (APEC); and
              (8) the United States should aggressively use these
            opportunities to achieve more open and fair
            opportunities for trade in agricultural products.
        (b) Goals of the United States in Agricultural Trade
    Negotiations.--The objectives of the United States with respect
    to future negotiations on agricultural trade include--
              (1) increasing opportunities for United States
            exports of agricultural products by eliminating tariff
            and nontariff barriers to trade;
              (2) leveling the playing field for United States
            producers of agricultural products by limiting per unit
            domestic production supports to levels that are no
            greater than those available in the United States;
              (3) ending the practice of export dumping by
            eliminating all trade distorting export subsidies and
            disciplining state trading entities so that they do not
            (except in cases of bona fide food aid) sell in foreign
            markets at prices below domestic market prices or
            prices below their full costs of acquiring and
            delivering agricultural products to the foreign
            markets; and
              (4) encouraging government policies that avoid price-
            depressing surpluses.
        Sec. 1124.\67\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \67\ Formerly at 7 U.S.C. 1736s. Sec. 1124, relating to targeted
    export assistance, was repealed by sec. 1572(3) of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624;
    104 Stat. 3702).
    ---------------------------------------------------------------------------
        Sec. 1125.\68\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \68\ Formerly at 7 U.S.C. 1736t. Sec. 1125, relating to short-term
    export credit, was repealed by sec. 1572(3) of the Food, Agriculture,
    Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.
    3702).
    ---------------------------------------------------------------------------

                     cooperator market development program

        Sec. 1126.\69\ (a) It is the sense of Congress that the
    cooperator market development program of the Foreign
    Agricultural Service should be continued to help develop new
    markets and expand and maintain existing markets for United
    States agricultural commodities, using nonprofit agricultural
    trade organizations to the maximum extent practicable.
    ---------------------------------------------------------------------------
        \69\ 7 U.S.C. 1736u.
    ---------------------------------------------------------------------------
        (b) The cooperator market development program shall be
    exempt from the requirements of Circular A 110 issued by the
    Office of Management and Budget.
        (c) * * *

      development and expansion of markets for united states agricultural
                                  commodities

        Sec. 1127.\70\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \70\ Sec. 1127 (7 U.S.C. 1736v) was repealed by sec. 1572(3) of the
    Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
    624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

        poultry, beef and pork meats and meat-food products, equitable
                                   treatment

        Sec. 1128.\71\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \71\ Sec. 1128 (7 U.S.C. 1736w) was repealed by sec. 1572(3) of the
    Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
    624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

       pilot barter program for exchange of agricultural commodities for
                              strategic materials

        Sec. 1129.\72\ * * *
    ---------------------------------------------------------------------------
        \72\ Sec. 1129 amended sec. 416 of the Agricultural Act of 1949.
    ---------------------------------------------------------------------------
              * * * * * * *

                          agricultural attache reports

        Sec. 1132.\73\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \73\ Sec. 1132 (7 U.S.C. 1736x) was repealed by sec. 1572(3) of the
    Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
    624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

               contract sanctity and producer embargo protection

        Sec. 1133.\74\ (a) It is hereby declared to be the policy
    of the United States--
    ---------------------------------------------------------------------------
        \74\ 7 U.S.C. 1736y.
    ---------------------------------------------------------------------------
              (1) to foster and encourage the export of
            agricultural commodities and the products of such
            commodities;
              (2) not to restrict or limit the export of such
            commodities and products except under the most
            compelling circumstances;
              (3) that any prohibition or limitation on the export
            of such commodities or products should be imposed only
            in time of a national emergency declared by the
            President under the Export Administration Act; and
              (4) that contracts for the export of such commodities
            or products entered into before the imposition of any
            prohibition or limitation on the export of such
            commodities or products should not be abrogated.

                     study to reduce foreign exchange risk

        Sec. 1134. (a) The Secretary of Agriculture shall conduct a
    study to determine the feasibility, practicability and cost of
    implementing a program to reduce the risk of foreign exchange
    fluctuations that is incurred by the purchasers of United
    States agricultural exports under United States export credit
    promotion programs. The purpose of the study is to examine
    whether the GSM-102 program and all other United States export
    credit initiatives relating to agricultural exports would be
    enhanced by the United States assuming the foreign exchange
    risk of the buyer which resulted from a rise in the value of
    the United States dollar compared to the trade-weighted index
    of the dollar. The index referred to is the ``trade-weighted
    index'' published by the Department of Commerce as a
    measurement of the relative buying power of the dollar compared
    to the currencies of nations trading with the United States.
    The elements of the program to be considered in this study
    would include the following:
              (1) On the date a foreign buyer receives GSM-102 or
            other credit for purposes of purchasing United States
            agricultural products, the maximum loan repayment
            exchange rate would be tied to the trade-weighted value
            of the United States dollar on the same date.
              (2) If in the future the United States dollar gains
            in strength (a higher trade-weighted index), the buyer
            would continue to repay the loan at the lower value
            fixed at the time the GSM-102 credit was extended.
              (3) If the United States dollar falls in value during
            the term of the repayment period, the foreign buyer
            could calculate his repayment on the lower dollar
            value.
        (b) Not later than six months after the enactment of this
    Act, the Secretary shall report the results of such study to
    the Committee on Agriculture of the House of Representatives
    and to the Committee on Agriculture, Nutrition, and Forestry of
    the Senate.

         Subtitle C--Export Transportation of Agricultural Commodities

                           findings and declarations

        Sec. 1141. (a) The Congress finds and declares--
              (1) that a productive and healthy agricultural
            industry and a strong and active United States maritime
            industry are vitally important to the economic well-
            being and national security objectives of our Nation;
              (2) that both industries must compete in
            international markets increasingly dominated by foreign
            trade barriers and the subsidization practices of
            foreign governments; and
              (3) that increased agricultural exports and the
            utilization of United States merchant vessels
            contribute positively to the United States balance of
            trade and generate employment opportunities in the
            United States.
        (b) It is therefore declared to be the purpose and policy
    of the Congress in this subtitle--
              (1) to enable the Department of Agriculture to plan
            its export programs effectively, by clarifying the
            ocean transportation requirements applicable to such
            programs;
              (2) to take immediate and positive steps to promote
            the growth of the cargo carrying capacity of the United
            States merchant marine;
              (3) to expand international trade in United States
            agricultural commodities and products and to develop,
            maintain, and expand markets for United States
            agricultural exports;
              (4) to improve the efficiency of administration of
            both the commodity purchasing and selling and the ocean
            transportation activities associated with export
            programs sponsored by the Department of Agriculture;
              (5) to stimulate and promote both the agricultural
            and maritime industries of the United States and
            encourage cooperative efforts by both industries to
            address their common problems; and
              (6) to provide in the Merchant Marine Act, 1936, for
            the appropriate disposition of these findings and
            purposes.

    exemption of certain agricultural exports from the requirements of the
                             cargo preference laws

        Sec. 1142.\75\ * * *
    ---------------------------------------------------------------------------
        \75\ Sec. 1142 amended the Merchant Marine Act, 1936 (46 U.S.C.
    1101 et seq.).
    ---------------------------------------------------------------------------

                              effect on other laws

        Sec. 1143. This subtitle shall not be construed as
    modifying in any manner the provisions of section 4(b)(8) of
    the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)) or
    chapter 5 of title 5, United States Code.
              * * * * * * *

                          Subtitle E--Trade Practices

              * * * * * * *

                       assessment of export displacement

        Sec. 1162.\76\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \76\ Sec. 1162 (7 U.S.C. 1736z) was repealed by sec. 1572(3) of the
    Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
    624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

                         export sales of dairy products

        Sec. 1163.\77\ (a) \78\ In each fiscal year, the Secretary
    of Agriculture may sell dairy products for export, at such
    prices as the Secretary determines appropriate, in a quantity
    and allocated as determined by the Secretary, consistent with
    the obligations undertaken by the United States set forth in
    the Uruguay Round Agreements, if the disposition of the
    commodities will not interfere with the usual marketings of the
    United States nor disrupt world prices of agricultural
    commodities and patterns of world trade.
    ---------------------------------------------------------------------------
        \77\ 7 U.S.C. 1731 note.
        \78\ Sec. 411(c) of Public Law 103-465 (108 Stat. 4963) amended and
    restated subsec. (a). It previously read as follows, as amended by sec.
    111 of Public Law 101-624 (104 Stat. 3380), and by sec. 107(1) of
    Public Law 100-435 (102 Stat. 1651):
        ``(a) In each of the fiscal years 1986 through 1995, the Secretary
    of Agriculture shall sell for export, at such prices as the Secretary
    determines appropriate, not less than 150,000 metric tons of dairy
    products owned by the Commodity Credit Corporation, of which not less
    than 100,000 metric tons shall be butter and not less than 20,000
    metric tons shall be cheese, if that disposition of such commodities
    will not interfere with the usual marketings of the United States nor
    disrupt world prices of agricultural commodities and normal patterns of
    commercial trade.''.
    ---------------------------------------------------------------------------
        (b) Such sales shall be made through the Commodity Credit
    Corporation under existing authority available to the Secretary
    or the Commodity Credit Corporation.
        (c) Through September 30, 1995,\79\ the Secretary shall
    report semi-annually to the Committee on Agriculture of the
    House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate on the volume of sales
    made under this section.
    ---------------------------------------------------------------------------
        \79\ Sec. 111 of the Food, Agriculture, Conservation, and Trade Act
    of 1990 (Public Law 101-624; 104 Stat. 3380) struck out ``1990'' and
    inserted in lieu thereof ``1995''. Previously, sec. 107(2) of Public
    Law 100-435 (102 Stat. 1651) struck out ``1988'' and inserted in lieu
    thereof ``1990''.
    ---------------------------------------------------------------------------
        Sec. 1164.\80\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \80\ Sec. 270 of Public Law 104-127 (110 Stat. 976) repealed sec.
    1164, relating to unfair trade practices.
    ---------------------------------------------------------------------------

                                   thai rice

        Sec. 1165.\81\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \81\ Sec. 1165 (7 U.S.C. 1736 note) was repealed by sec. 1572(3) of
    the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
    101-624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

    barter of agricultural commodities for strategic and critical materials

        Sec. 1167.\82\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \82\ Sec. 1167 (7 U.S.C. 1736aa) was repealed by sec. 1572(3) of
    the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law
    101-624; 104 Stat. 3702).
    ---------------------------------------------------------------------------
              * * * * * * *

           TITLE XIV--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

                         Subtitle A--General Provisions

              * * * * * * *

                 agricultural information exchange with ireland

        Sec. 1420. (a) The Secretary of Agriculture shall undertake
    discussions with representatives of the Government of Ireland
    that may lead to an agreement that will provide for the
    development of a program between the United States and Ireland
    whereby there will be--
              (1) a greater exchange of--
                      (A) agricultural scientific and educational
                    information, techniques, and data;
                      (B) agricultural marketing information,
                    techniques, and data; and
                      (C) agricultural producer, student, teacher,
                    agribusiness (private and cooperative)
                    personnel; and
              (2) the fostering of joint investment ventures,
            cooperative research, and the expansion of United
            States trade with Ireland.
        (b) The Secretary shall periodically report to the Chairman
    of the Committee on Agriculture of the House of Representatives
    and the Chairman of the Committee on Agriculture, Nutrition,
    and Forestry of the Senate to keep such Committees apprised of
    the progress and accomplishments, and such other information as
    the Secretary considers appropriate, with regard to the
    development of such program.
              * * * * * * *
              j. President's Emergency Food Assistance Act of 1984

    Partial text of Public Law 98-473 [Continuing Appropriations Act, 1985;
        H.J. Res. 648], 98 Stat. 1837 at 2194, approved October 12, 1984

     JOINT RESOLUTION Making continuing appropriations for the fiscal year
                         1985, and for other purposes.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,
              * * * * * * *

          TITLE III--PRESIDENT'S EMERGENCY FOOD ASSISTANCE ACT OF 1984

                                  short title

        Sec. 301.\1\ This title may be cited as the ``President's
    Emergency Food Assistance Act of 1984''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1728 note.
    ---------------------------------------------------------------------------

                       Part A--President's Emergency Fund

                                    findings

        Sec. 302.\2\ The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1728.
    ---------------------------------------------------------------------------
              (1) acute food crises continue to cause loss of life,
            severe malnutrition, and general human suffering in
            many areas of the Third World, especially in sub-
            Saharan Africa;
              (2) the United States continues to respond to these
            needs, as a reflection of its humanitarian concern for
            the people of the Third World, with emergency food and
            other necessary assistance to alleviate the suffering
            of those affected by severe food shortages;
              (3) the timely provision of food and other necessary
            assistance to those in need is of paramount importance
            if the worst effects of such food crisis are to be
            mitigated; and
              (4) the ability of the United States to provide food
            and other necessary assistance on a timely basis, and
            to ensure that such assistance is distributed to those
            in need, should be enhanced in order to better enable
            the United States to help those affected by severe food
            shortages.

                           establishment of the fund

        Sec. 303.\3\ (a) There is hereby established the
    President's Emergency Food Assistance Fund (hereafter in this
    title referred to as the ``Fund''). Whenever the President
    determines it to be in the national interest of the United
    States, he is authorized to furnish, in accordance with the
    provisions of this part, and on such terms and conditions as he
    may determine, assistance from the Fund for the purpose of
    alleviating the human suffering of peoples outside the United
    States caused by acute food shortages. Such assistance may be
    provided through such governments or other entities, private or
    public, including intergovernmental and multilateral
    organizations, as the President deems appropriate.
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1728a.
    ---------------------------------------------------------------------------
        (b) Because the effects of severe food shortages will vary
    with the country or region, assistance to alleviate human
    suffering may include the provision of food assistance or such
    activities as the provision of seed, animal fodder, animal
    vaccines, and transportation (including inland transportation)
    and distribution services.
        (c) There are authorized to be appropriated to the
    President $50,000,000 each for fiscal year 1985 and fiscal year
    1986 to carry out the purposes of this title, to remain
    available until expended.
        (d) The President may make loans, advances, and grants to,
    make and perform agreements and contracts with, or enter into
    transactions with, any individual, corporation, or other body
    of persons, government or government agency, whether within or
    without the United States, and international and
    intergovernmental organizations in furtherance of the purposes
    and within the limitations of this title.

                                    reports

        Sec. 304.\4\ Not later than December 31 of each year, the
    President shall submit a comprehensive report to the
    appropriate committees of Congress detailing all activities
    carried out under the authority of this title during the
    previous fiscal year.
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1728b.
    ---------------------------------------------------------------------------

                         Part B--Food for Peace Program

                           transportation and storage

        Sec. 305.\5\ * * *
    ---------------------------------------------------------------------------
        \5\ Sec. 305 amended sec. 203 of the Agricultural Trade Development
    and Assistance Act of 1954 (7 U.S.C. 1723).
                            k. Agricultural Exports

    Partial text of Public Law 98-258 [Agricultural Programs Adjustment Act
           of 1984, H.R. 4072], 98 Stat. 130, approved April 10, 1984

     AN ACT To make adjustments in the commodity programs for wheat, feed
        grains, upland cotton, and rice, to provide agricultural credit
                      assistance, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Programs Adjustment Act
    of 1984''.
              * * * * * * *

                         TITLE V--AGRICULTURAL EXPORTS

                               export assistance

        Sec. 501. It is the sense of Congress that the President
    should implement, as soon as practicable after the enactment of
    this Act, the actions, proposed by the Administration to
    complement the provisions of this Act, to further assist in the
    development, maintenance, and expansion of international
    markets for United States agricultural commodities and products
    thereof, as follows--
              (1) for the fiscal year ending September 30, 1984,
            the President will--
                      (A) request congressional approval for the
                    appropriation of funds in the amount of
                    $150,000,000, in addition to the President's
                    February 1984 request for a supplemental
                    appropriation of $90,000,000, to carry out
                    programs of assistance under titles I, II, and
                    III of the Agricultural Trade Development and
                    Assistance Act of 1954 (Public Law 480); \1\
                    and
    ---------------------------------------------------------------------------
        \1\ Second Supplemental Appropriations Act, 1984 (Public Law 98-
    396; 98 Stat. 1369 at 1371), provided:
        ``For an additional amount for `Public Law 480', for financing the
    sale of agricultural commodities for convertible foreign currencies and
    for dollars on credit terms, pursuant to titles I and III of said Act,
    $175,000,000, of which $175,000,000 is hereby appropriated, to remain
    available until September 30, 1985.''.
    ---------------------------------------------------------------------------
                      (B) direct the Secretary of Agriculture to
                    increase funding, over the current budgeted
                    level, for the Export Credit Guarantee Program
                    (GSM-102), carried out through the Commodity
                    Credit Corporation, by not less than
                    $500,000,000; and
              (2) for the fiscal year ending September 30, 1985,
            the President will--
                      (A) request congressional approval for the
                    appropriation of funds in the amount of at
                    least $175,000,000, in addition to the current
                    funding level contained in the President's
                    budget for that year, to carry out programs of
                    assistance under titles I, II, and III of
                    Public Law 480;
                      (B) direct the Secretary of Agriculture to
                    increase funding, over the levels contained in
                    the President's budget for that year or
                    otherwise required by law, by not less than
                    $1,100,000,000 for the Export Credit Guarantee
                    Program (GSM-102) and by not less than
                    $100,000,000 for direct export credit programs
                    carried out through the Commodity Credit
                    Corporation (GSM-5, GSM-201, and GSM-301); and
                      (C) request or use an additional amount of
                    $50,000,000 (over the amounts specified in
                    clauses (2)(A) and (2)(B)) either for increased
                    funding for direct export credit programs
                    carried out through the Commodity Credit
                    Corporation or for additional assistance under
                    Public Law 480, in such proportions as
                    determined necessary and appropriate by the
                    President.

     expanded authority for the use abroad of commodity credit corporation
     stocks; acquisition and donation of ultra-high temperature processed
                                      milk

        Sec. 502.\2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 502 amended sec. 416 of the Agricultural Act of 1949 by
    adding new subsecs. (b) and (c).
                      l. Food and Agriculture Act of 1977

      Partial text of Public Law 95-113 [S. 275], 91 Stat. 913, approved
                               September 29, 1977

     AN ACT To provide price and income protection for farmers and assure
     consumers of an abundance of food and fiber at reasonable prices, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act, with the following table of contents, may be cited as the
    ``Food and Agriculture Act of 1977''.
              * * * * * * *

                           TITLE XII--PUBLIC LAW 480

              Note.--Secs. 1201 through 1208 of Title XII amend the
            Agricultural Trade Development and Assistance Act of
            1954.

              * * * * * * *

           use of nonprice-supported commodities under public law 480

        Sec. 1209.\1\ It is the sense of Congress that there be no
    discrimination between ``price-supported'' and ``nonprice-
    supported'' commodities in the programing of commodities under
    the Agricultural Trade Development and Assistance Act of 1954,
    as amended (Public Law 480).
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

             special task force on the operation of public law 480

        Sec. 1210.\1\ (a) It is the sense of Congress that
    attention be given to handling, storage, transportation, and
    administrative procedures in order to make improvements in the
    operation of the Agricultural Trade Development and Assistance
    Act of 1954, as amended (Public Law 480). Toward this
    objective, the Secretary of Agriculture shall appoint a special
    task force to review and report upon the administration of the
    Act.
        (b) Such review shall include, but not be limited to,
    organizational arrangements for the administration of Public
    Law 480, or parts thereof, title I allocation criteria and
    procedures, quality control, including handling and storage
    through the first stage of distribution in the recipient
    country, and regulation of businesses and organizations to
    which services are contracted under Public Law 480.
        (c) Not later than eighteen months following enactment of
    this Act, the Secretary of Agriculture shall transmit to
    Congress the report of such task force, along with
    administrative actions the Secretary has taken or intends to
    take as a result of such report, and recommendations, if any,
    for legislative changes.
     m. Extension of Agricultural Trade Development and Assistance Act of
                                1954, as amended

     Partial text of Public Law 85-931 [S. 3420], 72 Stat. 1790, approved
      September 6, 1958; as amended by Public Law 87-703 [H.R. 12391], 76
    Stat. 605 at 611, approved September 27, 1962; and by Public Law 89-808
       [Food for Peace Act of 1966, H.R. 14929], 80 Stat. 1526 at 1538,
                           approved November 11, 1966

       AN ACT To extend and amend the Agricultural Trade Development and
                            Assistance Act of 1954.

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

              Note.--Except for secs. 8 and 9, Public Law 85-931
            consists of amendments to the Agricultural Trade
            Development and Assistance Act of 1954 and the
            Agricultural Act of 1956.

              * * * * * * *
        Sec. 8.\1\ In carrying out the provisions of the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended, extra long staple cotton shall be made available for
    sale pursuant to the provisions of title I of the Act in the
    same manner as upland cotton or any other surplus agricultural
    commodity is made available, and products manufactured entirely
    \2\ from upland or long staple cotton shall be made available
    for sale pursuant to the provisions of title I of the Act as
    long as cotton is in surplus supply in the same manner as any
    other agricultural commodity or product is made available, and
    no discriminatory or other conditions shall be imposed which
    will prevent or tend to interfere with their sale or
    availability for sale under the Act.\3\
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1601 note.
        \2\ The word ``entirely'' and the words ``in the same manner as any
    other agricultural commodity or product is made available'' were added
    by sec. 3(d) of Public Law 89-808 (Food for Peace Act of 1966).
        \3\ Sec. 3(d) of Public Law 89-808 inserted a period in lieu of a
    colon and struck out a proviso, which read as follows: ``Provided, That
    that portion of sales price of such products which is financed as a
    sale for foreign currency under title I of the Act shall be limited to
    the estimated portion of the sales price of such products attributable
    to the raw cotton content of such products''.
    ---------------------------------------------------------------------------
        Sec. 9.\4\ Notwithstanding any other provision of law those
    areas under the jurisdiction or administration of the United
    States are authorized to receive from the Department of
    Agriculture for distribution on the same basis as domestic
    distribution in any State, Territory, or possession of the
    United States, without exchange of funds, such surplus
    commodities as may be available pursuant to clause (2) of
    section 32 of the Act of August 24, 1935, as amended (7 U.S.C.
    612c), and section 416 of the Agricultural Act of 1949, as
    amended (7 U.S.C. 1431).\5\
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1431b.
        \5\ Sec. 3(a) of Public Law 89-808 struck out the symbol ``(1)''
    after the word ``law''; inserted a period in lieu of a semicolon, and
    struck out the language after the semicolon, which read as follows:
    ``and (2) the Commodity Credit Corporation is authorized to purchase
    products of oil seeds, and edible oils and fats and the products
    thereof in such form as may be needed for donation abroad as provided
    in the following sentence. Any such commodities or products if
    purchased shall be donated to nonprofit voluntary agencies registered
    with the Department of State, other appropriate agencies of the Federal
    Government or international organizations for use in the assistance of
    needy persons and in nonprofit school lunch programs outside the United
    States. Commodity Credit Corporation may incur such additional costs
    with respect to such oil as it is authorized to incur with respect to
    food commodities disposed of under section 416 of the Agricultural Act
    of 1949.''.
    n. Implementation of the Agricultural Trade Development and Assistance
      Act of 1954, as amended, and the Food for Progress Act of 1985, as
                                    amended

     Executive Order 12752, February 25, 1991, 56 F.R. 8255, 7 U.S.C. 1691
     note; amended by Executive Order 13044, April 18, 1997, 62 F.R. 19665

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Agricultural Trade Development and Assistance Act
    of 1954, as amended by Public Law 101-624 (``Agricultural Trade
    Development Act''), the Food for Progress Act of 1985, as
    amended by Public Law 101-624 (``Food for Progress Act''), and
    section 301 of title 3 of the United States Code, it is hereby
    ordered as follows:
        Section 1. Establishment of Programs. There is hereby
    established:
        (a) a program under title I of the Agricultural Trade
    Development Act to provide for the sale of agricultural
    commodities to developing countries and private entities.\1\
    Such program shall be implemented by the Secretary of
    Agriculture (hereafter referred to as the ``Secretary'').
    ---------------------------------------------------------------------------
        \1\ Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck
    out ``developing countries'' and inserted in lieu thereof ``developing
    countries and private entities''.
    ---------------------------------------------------------------------------
        (b) a program under title II of the Agricultural Trade
    Development Act to provide for the donation of agricultural
    commodities to foreign countries. Such program shall be
    implemented by the Administrator of the Agency for
    International Development (hereafter referred to as the
    ``Administrator'').
        (c) a program under title III of the Agricultural Trade
    Development Act to provide for the donation of agricultural
    commodities to least developed countries. Such program shall be
    implemented by the Administrator.
        Sec. 2. International Negotiations and Accounting for
    Foreign Currencies. (a) The Secretary with respect to title I,
    and the Administrator with respect to titles II and III of the
    Agricultural Trade Development Act, shall negotiate and execute
    agreements under the Agricultural Trade Development Act in
    accord with section 112b of title I of the United States Code
    and applicable regulations and procedures of the Department of
    State.
        (b)(1) Foreign currencies that accrue to the United States
    under titles I and III of the Agricultural Trade Development
    Act may be used for the purposes set forth in section 014 and
    section 306 of that Act, respectively, in amounts consistent
    with applicable provisions of law and agreements. Such foreign
    currencies shall be subject to regulations of the Department of
    the Treasury governing the purchase, custody, deposit,
    transfer, and sale of foreign currencies received under the
    Agricultural Trade Development Act.
        (2) The Director of the Office of Management and Budget
    (hereafter referred to as the ``Director'') shall determine the
    amount of foreign currencies to be used for the purposes of
    section 104(c)(8) of the Agricultural Trade Development Act,
    and such purposes shall be carried out by the agencies with
    authority to pay the obligations abroad. The purposes of the
    remaining paragraphs of section 104(c) of that Act shall be
    carried out by the Department of Agriculture, utilizing where
    appropriate, the expertise of other agencies.
        (3) The Secretary and Administrator shall transmit the
    reports required by the provisions of paragraph 5 of the Act of
    August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to
    the use of foreign currencies accruing under title I and title
    III of the Agricultural Trade Development Act, respectively.
        Sec. 3. Policy Coordination. (a) To ensure policy
    coordination of assistance provided under the Agricultural
    Trade Development Act and the Food for Progress Act, there is
    hereby established a Food Assistance Policy Council (hereafter
    referred to as the ``Council'').
        (b) The Council will include senior representatives of the
    Department of Agriculture, the Agency for International
    Development, the Department of State, and the Office of
    Management and Budget. Meetings of the Council shall be called
    by the Secretary or his designee at the request of any senior
    representative of the Council.
        (c) The Council shall advise the President on appropriate
    policies under the Agricultural Trade Development Act and the
    Food for Progress Act and shall coordinate decisions on
    allocations and other policy issues, as well as prepare the
    report required by section 407(g)(1) of the Agricultural Trade
    Development Act.
        (d) As necessary for effective coordination, the Council
    shall provide its advice to the President through the
    appropriate Cabinet-level body.
        Sec. 4.\2\ Delegation of Responsibilities. (a) The function
    conferred upon the President in section 403(j) of the
    Agricultural Trade Development Act is hereby delegated to the
    Secretary of State.
    ---------------------------------------------------------------------------
        \2\ Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck
    out paras. (a) and (c) in sec. 4, and redesignated the remaining
    subsections as subsecs. (a) through (e). Subsec. (a) formerly provided
    that the consultation required by sec. 401(a) of the Agricultural Trade
    Development Act was to be undertaken through the National Advisory
    Council. Subsec. (c) formerly provided that the function conferred upon
    the President by sec. 407(h) of the Agricultural Trade Development Act
    was to be delegated to the Administrator.
    ---------------------------------------------------------------------------
        (b) The functions conferred upon the President by section
    411 of the Agricultural Trade Development Act are hereby
    delegated to the Secretary, in consultation with the Council
    and the Department of the Treasury.
        (c) The functions conferred upon the President by section
    412(c) of the Agricultural Trade Development Act are hereby
    delegated to the Director, who shall consult with the Council
    on these functions.
        (d) The functions conferred upon the President by title V
    of the Agricultural Trade Development Act are hereby delegated
    to the Administrator.
        (e) The functions conferred upon the President by the Food
    for Progress Act, as amended, are hereby delegated to the
    Secretary.
        Sec. 5. Regulatory Review. Policies, regulations, and
    analyses required by this Executive order shall be fully
    consistent with the standards and criteria, analyses and
    procedures set forth in Executive Order Nos. 12291 and 12498.
        Sec. 6. Revocations. Executive Order No. 12220 of June 27,
    1980, and Executive Order No. 12583 of February 19, 1987, are
    revoked.
    o. Assigning Foreign Affairs Functions and Implementing the Enterprise
      for the Americas Initiative and the Tropical Forest Conservation Act

     Executive Order 13345, July 8, 2004, 69 F.R. 41901, 7 U.S.C. 1738 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Agricultural Trade Development and Assistance Act
    of 1954 (ATDA Act), as amended, the Foreign Assistance Act of
    1961 (Foreign Assistance Act), as amended, and section 301 of
    title 3 of the United States Code, it is hereby ordered as
    follows:
        Section 1. Functions to be Performed by the Secretary of
    the Treasury. (a) The Secretary of the Treasury is hereby
    designated to perform the functions of the President under the
    following provisions of law:
              (1) sections 603(b), 604(a), and 611 of the ATDA Act
            (7 U.S.C. 1738b(b), 1738c(a), and 1738j); and
              (2) sections 703, 704(a), 805(b), 806(a), 807(a),
            808(a), and 812 of the Foreign Assistance Act 922
            U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 2431e(a),
            2431f(a), and 2431j).
        (b) The Secretary of the Treasury shall:
              (1)(A) make determinations under the provisions of
            sections 703(b) and 805(b) of the Foreign Assistance
            Act in accordance with any recommendations received
            from the Secretary of State with respect to subsections
            703(a)(1)-703(a)(4) and the corresponding
            recommendations under section 805(a)(1) of that Act;
            and
              (B) make determinations under the provisions of
            section 805(b) of the Foreign Assistance Act in
            accordance with any recommendations from the
            Administrator of the United States Agency for
            International Development (USAID) with respect to
            section 803(5)(B) of that Act;
              (2) exercise the functions under the provisions
            listed in section 1(a)(1) of this order in consultation
            with the Secretary of State and with the National
            Advisory Council on International Monetary and
            Financial Policies (Council) established by Executive
            Order 11269 of February 14, 1966;
              (3) consult, as appropriate, with the Secretary of
            State, the Administrator of USAID, the Council, the
            Secretary of Agriculture, the Director of the Office of
            Management and Budget, the Administrator of the
            Environmental Protection Agency, the Chairman of the
            Council on Environmental Quality, the Director of the
            Office of National Drug Control policy, and the
            Chairman of the Council of Economic Advisers in the
            performance of all other functions under the provisions
            listed in section 1(a) of this order.
        Sec. 2. Functions to be Performed by the Secretary of
    State. (a) The Secretary of State is hereby designated to
    perform the functions of the President under sections 607 and
    614 of the ATDA Act (7 U.S.C. 1738f and 1738m) and section
    813(a) of the Foreign Assistance Act (22 U.S.C. 2431k).
        (b) The Secretary of State shall consult, as appropriate,
    with the Secretary of the Treasury and the Administrator of
    USAID, in the performance of functions under the provisions
    listed in subsection 2(a) of this order.
        (c) The Secretary of State shall consult, as appropriate,
    in the performance of functions under section 607 of the ATDA
    Act, with the Secretary of Agriculture, the Secretary of
    Commerce, the Administrator of the Environmental Protection
    Agency, the Chairman of the Council on Environmental Quality,
    and the heads of such other executive departments and agencies
    as the Secretary of State determines appropriate.
        (d) The Secretary of State is hereby designated to receive
    advice or supplemental views on the President's behalf
    consistent with the following provisions of law:
              (1) section 610(c)(1) of the ATDA Act (7 U.S.C.
            8i(c)(1)); and
              (2) section 813(b) of the Foreign Assistance Act 922
            U.S.C. 2431k).
        Sec. 3. Recommendation by USAID. The Administrator of USAID
    shall make recommendations with respect to 803(5)(B) of the
    Foreign Assistance Act (22 U.S.C. 2431a(5)(B)), in cooperation
    with the Secretary of Agriculture and the Secretary of State.
        Sec. 4. Government Appointees to the Enterprise for the
    Americas Board. (a) Pursuant to section 610(b)(1)(A) of the
    ATDA Act (7 U.S.C. 1738i(b)(1)(A)) and section 811(b)(1)(A) and
    (b)(2) of the Foreign Assistance Act (22 U.S.C. 2431i(b)(1)(A)
    and (b)(2)), the following officers of employees of the United
    States are hereby designated to serve as representatives on the
    Enterprise for the Americas Board:
              (i) the designee of the Secretary of State, who shall
            be the chairperson of the Board;
              (ii) the designee of the Secretary of the Treasury;
              (iii) two designees of the Secretary of Agriculture,
            one of whom shall be an officer or employee of the
            United States Forest Service International Programs
            Office with experience in international forestry
            matters, and the other shall be an officer of employee
            of the Foreign Agricultural Service;
              (iv) the designee of the Secretary of the Interior;
              (v) the designee of the Administrator of the
            Environmental Protection Agency;
              (vi) the designee of the Administrator of USAID, who
            shall be the vice chairperson of the Board; and
              (vii) the designee of the Chairman of the Council on
            Environmental Quality.
        (b) The Board shall permit the following officers or
    employees of the United States to attend and observe a Board
    meeting:
              (i) a designee of the Secretary of Commerce; and
              (ii) a designee of the head of any executive
            department or agency, if the meeting will relate to
            matters relevant to the activities of such executive
            department or agency.
        (c) An officer of the United States listed in subsections
    4(a) and 4(b) shall make a designation for purposes of those
    subsections in writing submitted to the Secretary of State and
    shall change any such designation in the same manner. The
    authority to make such a designation may not be delegated.
        (d) The Secretary of State may, after consultation with the
    officers of the United States listed in subsection 4(b) and the
    Attorney General, as appropriate, establish such procedures as
    may be necessary to provide for the governance and
    administration of the Board.
        Sec. 5. Guidance for the Performance of Functions. In
    performing functions under this order, officers of the United
    States:
              (a) shall ensure that all actions taken by them are
            consistent with the President's constitutional
            authority to (i) conduct the foreign affairs of the
            united States, including the commencement, conduct, and
            termination of negotiations with foreign countries and
            international organizations, (ii) 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, (iii) recommend for
            congressional consideration such measures as the
            President may judge necessary or expedient, and (iv)
            supervise the unitary executive branch;
              (b) may further assign functions assigned by this
            order to officers of any department or agency within
            the executive branch to the extent permitted by law
            except as provided in subsection 4(c) of this order and
            such further assignment shall be published in the
            Federal Register; and
              (c) shall consult the Attorney General as appropriate
            in implementing this section.
        Sec. 6. Revocation of Executive Orders. The following
    Executive Orders are hereby revoked:
              (a) Executive Order 12757 of March 19, 1991;
              (b) Executive Order 12823 of December 3, 1992;
              (c) Executive Order 13028 of December 3, 1996; and
              (d) Executive Order 13131 of July 22, 1999.
        Sec. 7. Judicial Review. This order is not intended to, and
    does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against
    the United States, its departments, agencies, entities,
    officers, employees or agents, or any other person.
                             2. Agricultural Trade

             a. Agricultural Competitiveness and Trade Act of 1988

     Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness
      Act of 1988, H.R. 4848], 102 Stat 1107 at 1388, approved August 23,
     1988, amended by Public Law 101-624 [Food, Agriculture, Conservation,
    and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28,
     1990; and by Public Law 104-127 [Federal Agriculture Improvement and
     Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

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

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

                          TITLE IV--AGRICULTURAL TRADE

    SEC. 4001.\1\ SHORT TITLE.

      This title may be cited as the ``Agricultural Competitiveness
    and Trade Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 5201 note.
    ---------------------------------------------------------------------------

                   Subtitle A--Findings, Policy, and Purpose

    SEC. 4101.\2\ FINDINGS.

      Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 5201.
    ---------------------------------------------------------------------------
              (1) United States agricultural exports have declined
            by more than 36 percent since 1981, from
            $43,800,000,000 in 1981 to $27,900,000,000 in 1987;
              (2) the United States share of the world market for
            agricultural commodities and products has dropped by 20
            percent during the last 6 years;
              (3) for the first time in 15 years, the United States
            incurred monthly agricultural trade deficits in 1986;
              (4) the loss of $1,000,000,000 in United States
            agricultural exports causes the loss of 35,000
            agricultural jobs and the loss of 60,000
            nonagricultural jobs;
              (5) the loss of agricultural exports threatens family
            farms and the economic well-being of rural communities
            in the United States;
              (6) factors contributing to the loss of United States
            agricultural exports include changes in world
            agricultural markets such as--
                      (A) the addition of new exporting nations;
                      (B) innovations in agricultural technology;
                      (C) increased use of export subsidies
                    designed to lower the price of commodities on
                    the world market;
                      (D) the existence of barriers to agricultural
                    trade;
                      (E) the slowdown in the growth of world food
                    demand in the 1980's due to cyclical economic
                    factors, including currency fluctuations and a
                    debt-related slowdown in the economic growth of
                    agricultural markets in certain developing
                    countries; and
                      (F) the rapid buildup of surplus stocks as a
                    consequence of favorable weather for
                    agricultural production during the 1980's;
              (7) increasing the volume and value of exports is
            important to the financial well-being of the farm
            sector in the United States and to increasing farm
            income in the United States;
              (8) in order to increase agricultural exports and
            improve prices for farmers and ranchers in the United
            States, it is necessary that all agricultural export
            programs of the United States be used in an expeditious
            manner, including programs established under the
            Agricultural Trade Development and Assistance Act of
            1954 (7 U.S.C. 1691 et seq.), the Commodity Credit
            Corporation Charter Act (15 U.S.C. 714 et seq.), and
            section 416 of the Agricultural Act of 1949 (7 U.S.C.
            1431);
              (9) greater use should be made by the Secretary of
            Agriculture of the authorities established under
            section 4 of the Food for Peace Act of 1966 (7 U.S.C.
            1707a), the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section
            416 of the Agricultural Act of 1949 (7 U.S.C. 1431),
            and the Commodity Credit Corporation Charter Act (15
            U.S.C. 714 et seq.) to provide intermediate credit
            financing and other assistance for the establishment of
            facilities in importing countries to--
                      (A) improve the handling, marketing,
                    processing, storage, and distribution of
                    imported agricultural commodities and products;
                    and
                      (B) increase livestock production to enhance
                    the demand for United States feed grains;
              (10) food aid and export assistance programs in
            developing countries stimulate economic activity which
            causes incomes to rise, and, as incomes rise, diets
            improve and the demand for and ability to purchase food
            increases;
              (11) private voluntary organizations and cooperatives
            are important and successful partners in our food aid
            and development programs; and
              (12) in addition to meeting humanitarian needs, food
            aid used in sales and barter programs by private
            voluntary organizations and cooperatives--
                      (A) provides communities with health care,
                    credit systems, and tools for development; and
                      (B) establishes the infrastructure that is
                    essential to the expansion of markets for
                    United States agricultural commodities and
                    products.

    SEC. 4102.\3\ POLICY.

      It is the policy of the United States--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 5202.
    ---------------------------------------------------------------------------
              (1) to provide, through all possible means,
            agricultural commodities and products for export at
            competitive prices, with full assurance of quality and
            reliability of supply;
              (2) to support the principle of free trade and the
            promotion of fair trade in agricultural commodities and
            products;
              (3) to support fully the negotiating objectives set
            forth in section 1101(b) of this Act to eliminate or
            reduce substantially constraints on fair and open trade
            in agricultural commodities and products;
              (4) to use statutory authority to counter unfair
            foreign trade practices and to use all available means,
            including export promotion programs, and, if necessary,
            restrictions on United States imports of agricultural
            commodities and products, in order to encourage fair
            and open trade; and
              (5) to provide for increased representation of United
            States agricultural trade interests in the formulation
            of national fiscal and monetary policy affecting trade.

    SEC. 4103.\4\ PURPOSE.

      It is the purpose of this title--
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 5203.
    ---------------------------------------------------------------------------
              (1) to increase the effectiveness of the Department
            of Agriculture in agricultural trade policy formulation
            and implementation and in assisting United States
            agricultural producers to participate in international
            agricultural trade, by strengthening the operations of
            the Department of Agriculture; and
              (2) to improve the competitiveness of United States
            agricultural commodities and products in the world
            market.

                   Subtitle B--Agricultural Trade Initiatives

                           part 1--general provisions

    SEC. 4201.\5\ LONG-TERM AGRICULTURAL TRADE STRATEGY REPORTS. * * *
                        [REPEALED--1990]
    ---------------------------------------------------------------------------

        \5\ Sec. 1571 of the Food, Agriculture, Conservation, and Trade Act
    of 1990 (Public Law 101-624; 104 Stat. 3702) repealed secs. 4201, 4202,
    4205, 4206, 4211, 4212, 4213, 4305, and 4311 (7 U.S.C. 5211, 5212,
    5215, 5216, 5231, 5232, 5233, 1736t note, and 1691 note, respectively)
    of this Act.
    ---------------------------------------------------------------------------

    SEC. 4202.\5\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS * * *
                        [REPEALED--1990]

    SEC. 4203.\6\ JOINT DEVELOPMENT ASSISTANCE AGREEMENTS WITH CERTAIN
                        TRADING PARTNERS.

      (a) Development of Plan.--With respect to any country that
    has a substantial positive trade balance with the United
    States, the Secretary of Agriculture, in consultation with the
    Secretary of State and (through the Secretary of State)
    representatives of such country, may develop an appropriate
    plan under which that country would purchase United States
    agricultural commodities or products for use in development
    activities in developing countries. In developing such plan,
    the Secretary of Agriculture shall take into consideration the
    agricultural economy of such country, the nature and extent of
    such country's programs to assist developing countries, and
    other relevant factors. The Secretary of Agriculture shall
    submit each such plan to the President as soon as practicable.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 5213.
    ---------------------------------------------------------------------------
      (b) Agreement.--The President may enter into an agreement
    with any country that has a positive trade balance with the
    United States under which that country would purchase United
    States agricultural commodities or products for use in agreed-
    on development activities in developing countries.

    SEC. 4204.\7\ REORGANIZATION EVALUATION.

      The Secretary of Agriculture shall evaluate the
    reorganization proposal recommended by the National Commission
    on Agricultural Trade and Export Policy and other proposals to
    improve management of international trade activities of the
    Department of Agriculture. To assist the Secretary in the
    evaluation, the Secretary shall appoint a private sector
    advisory committee of not less than 4 members, who shall be
    appointed from among individuals representing farm and
    commodity organizations, market development cooperators, and
    agribusiness. Not later than April 30, 1989, the Secretary
    shall report the findings of the evaluation to Congress,
    together with the views and recommendations of the private
    sector advisory committee.
    ---------------------------------------------------------------------------
        \7\ 7 U.S.C. 5214.
    ---------------------------------------------------------------------------

    SEC. 4205.\5\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT
                        MARKETS. * * * [REPEALED--1990]

    SEC. 4206.\5\ ESTABLISHMENT OF TRADE ASSISTANCE OFFICE. * * *
                        [REPEALED--1990]

                      part 2--foreign agricultural service

    SEC. 4211.\5\ PERSONNEL OF THE SERVICE. * * * [REPEALED--1990]

    SEC. 4212.\5\ AGRICULTURAL ATTACHE EDUCATIONAL PROGRAM. * * *
                        [REPEALED--1990]

    SEC. 4213.\5\ PERSONNEL RESOURCE TIME. * * * [REPEALED--1990]

    SEC. 4214.\8\ COOPERATOR ORGANIZATIONS.

      (a) Sense of Congress.--It is the sense of Congress that the
    foreign market development cooperator program of the Service,
    and the activities of individual foreign market cooperator
    organizations, have been among the most successful and cost-
    effective means to expand United States agricultural exports.
    Congress affirms its support for the program and the activities
    of the cooperator organizations. The Administrator and the
    private sector should work together to ensure that the program,
    and the activities of cooperator organizations, are expanded in
    the future.
    ---------------------------------------------------------------------------
        \8\ 7 U.S.C. 5234.
    ---------------------------------------------------------------------------
      (b) Commodities for Cooperator Organizations.--The Secretary
    of Agriculture may make available to cooperator organizations
    agricultural commodities owned by the Commodity Credit
    Corporation, for use by such cooperators in projects designed
    to expand markets for United States agricultural commodities
    and products.
      (c) Relation to Funds.--Commodities made available to
    cooperator organizations under this section shall be in
    addition to, and not in lieu of, funds appropriated for market
    development activities of such cooperator organizations.
      (d) Conflicts of Interest.--The Secretary shall take
    appropriate action to prevent conflicts of interest among
    cooperator organizations participating in the cooperator
    program.
      (e) Evaluation.--It is the sense of Congress that the
    Secretary should establish a consistent, objective means for
    the evaluation of cooperator programs.

    SEC. 4215.\9\ AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

      There are authorized to be appropriated for the Service, in
    addition to any sums otherwise authorized to be appropriated by
    any provision of law other than this section, $20,000,000 for
    each of the fiscal years 1988, 1989, and 1990 for market
    development activities, including--
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 5235.
    ---------------------------------------------------------------------------
              (1) expansion of the agricultural attache service;
              (2) expansion of international trade policy
            activities of the Service;
              (3) enhancement of the Service worldwide market
            information system;
              (4) increasing the number of trade shows and
            exhibitions conducted by the Service and upgrading the
            quality of United States representation at trade shows
            and exhibitions; and
              (5) developing markets for value-added beef, pork,
            and poultry products.

                Subtitle C--Existing Agricultural Trade Programs

    SEC. 4301.\10\ TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT. * * *
                        [REPEALED--1996]
    ---------------------------------------------------------------------------

        \10\ Formerly at 7 U.S.C. 1446 note. Sec. 263(b) of Public Law 104-
    127 (110 Stat. 974) repealed sec. 4301.
    ---------------------------------------------------------------------------

    SEC. 4302.\11\ PRICE SUPPORT PROGRAMS FOR SUNFLOWER SEEDS AND
                        COTTONSEED.

      (a) Sunflower Seeds.--If producers are permitted to repay
    loans for the 1990 crop of soybeans under section 201(i) of the
    Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is
    less than the full amount of the loan pursuant to section 4301
    of this Act, the Secretary shall support the price of sunflower
    seeds through loans and purchases for the 1990 crop of
    sunflowers in accordance with section 201(l) of the
    Agricultural Act of 1949.
    ---------------------------------------------------------------------------
        \11\ 7 U.S.C. 1446 note.
    ---------------------------------------------------------------------------
      (b) Cottonseed.--If a producer is permitted to repay a loan
    for the 1990 crop of soybeans under section 201(i) of the
    Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is
    less than the full amount of the loan pursuant to section 4301
    of this Act, the Secretary shall support the price of the 1990
    crop of cottonseed at such level as the Secretary determines
    will cause cottonseed to compete on equal terms with soybeans
    on the market. The Secretary shall carry out this subsection
    using the funds, facilities, and authorities of the Commodity
    Credit Corporation.
      (c) Discontinuance.--If the marketing loan program for the
    1990 crop of soybeans is discontinued under section 4301(b)(3)
    of this Act, the Secretary shall discontinue the price support
    programs for sunflower seeds and cottonseed required by this
    section.
              * * * * * * *

    SEC. 4305.\5\ EXPORT CREDIT GUARANTEE PROGRAM. * * * [REPEALED--1990]

              * * * * * * *

    SEC. 4309.\12\ BARTER OF AGRICULTURAL COMMODITIES.

      In recognition of the importance of barter programs in
    expanding agricultural trade, it is the sense of Congress that
    the Secretary of Agriculture should expedite the implementation
    of section 416(d) of the Agricultural Act of 1949 (7 U.S.C.
    1431(d)) and section 1167 of the Food Security Act of 1985 (7
    U.S.C. 1727g note and 1736aa), relating to the barter of
    agricultural commodities.
    ---------------------------------------------------------------------------
        \12\ 7 U.S.C. 1431 note.
    ---------------------------------------------------------------------------

    SEC. 4310.\13\ MINIMUM LEVEL OF FOOD ASSISTANCE.

      (a) Annual Minimum.--It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \13\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------
              (1) the United States should maintain its historic
            proportion of food assistance constituting one-third of
            all United States foreign economic assistance; and
              (2) accordingly, the total amount of food assistance
            made available to foreign countries under the
            Agricultural Trade Development and Assistance Act of
            1954 (7 U.S.C. 1691 et seq.) and section 416(b) of the
            Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not
            be less than one-third of the total amount of foreign
            economic assistance provided for each fiscal year.
      (b) Definition.--For purposes of this section, the term
    ``foreign economic assistance'' includes--
              (1) assistance under chapter 1 of part I of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
            seq.), the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section
            416(b) of the Agricultural Act of 1949 (7 U.S.C.
            1431(b)), or any other law authorizing economic
            assistance for foreign countries; and
              (2) United States contributions to the International
            Bank for Reconstruction and Development, the
            International Development Association, the Inter-
            American Development Bank, the Asian Development Bank,
            the African Development Bank, or any other multilateral
            development bank.

    SEC. 4311.\5\ FOOD AID AND MARKET DEVELOPMENT. * * * [REPEALED--1990]

                       Subtitle D--Wood and Wood Products

              * * * * * * *

    SEC. 4404.\14\ USE OF DEPARTMENT OF AGRICULTURE PROGRAMS.

      The Secretary of Agriculture shall actively use Department of
    Agriculture concessional programs and export credit guarantee
    programs to promote the export of wood and processed wood
    products.
    ---------------------------------------------------------------------------
        \14\ 7 U.S.C. 1736t note.
    ---------------------------------------------------------------------------

                        Subtitle E--Studies and Reports

    SEC. 4501. STUDY OF CANADIAN WHEAT IMPORT LICENSING REQUIREMENTS.

      (a) Findings.--Congress finds that--
              (1) Canadian importers of wheat or products
            containing a minimum of 25 percent wheat (except
            packaged wheat products for retail sale) from the
            United States must obtain import licenses from the
            Canadian Wheat Board;
              (2) the Canadian Wheat Board requires such importers
            of United States wheat and wheat products to prove that
            the wheat or wheat products to be imported are not
            readily available in Canada before issuance of an
            import license, and therefore, for all practical
            purposes, such licenses are not granted by the Canadian
            Wheat Board;
              (3) the licensing requirements of the Canadian Wheat
            Board's import licensing program result in a trade
            barrier on the importation of United States wheat and
            wheat products; and
              (4) Canada is a member of the General Agreement on
            Tariffs and Trade and, under such agreement, member
            countries should, in general, eliminate import
            licensing programs that operate as nontariff trade
            barriers.
      (b) Study.--The Secretary of Agriculture shall conduct a
    study of the Canadian Wheat Board's import licensing program
    to--
              (1) assess the effect of the Canadian Wheat Board's
            import licensing program referred to in subsection (a)
            on wheat producers, processors, and exporters in the
            United States; and
              (2) determine--
                      (A) the nature and extent of the licensing
                    requirements of the Canadian Wheat Board's
                    import licensing program; and
                      (B) the estimated effect of the Canadian
                    Wheat Board's import licensing program in
                    reducing exports of United States wheat and
                    wheat products to Canada.
      (c) Submission of Results.--Not later than 90 days after the
    date of enactment of this Act, the Secretary shall submit the
    results of the study conducted under subsection (b) to the
    United States Trade Representative.
      (d) Consultation With Congress.--Not later than 90 days after
    the results of the study are submitted, the Secretary and the
    United States Trade Representative shall consult with the
    Committee on Agriculture and the Committee on Ways and Means of
    the House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry and the Committee on Finance of the
    Senate on the status of efforts to negotiate the elimination of
    such Canadian licensing requirements.

    SEC. 4502.\15\ IMPORT INVENTORY.

      (a) Compilation and Report on Imports.--The Secretary of
    Agriculture, in consultation with the Secretary of Commerce,
    the International Trade Commission, the United States Trade
    Representative, and the heads of all other appropriate Federal
    agencies, shall compile and report to the public statistics on
    the total value and quantity of imported raw and processed
    agricultural products. The report shall be limited to those
    statistics that such agencies already obtain for other
    purposes.
    ---------------------------------------------------------------------------
        \15\ 7 U.S.C. 626.
    ---------------------------------------------------------------------------
      (b) Compilation and Report on Consumption.--The Secretary
    shall compile and report to the public data on the total
    quantity of production and consumption of domestically produced
    raw and processed agricultural products.
      (c) Issuing of Data.--The reports required by this section
    shall be made in a format that correlates statistics for the
    quantity and value of imported agricultural products to the
    production and consumption of domestic agricultural products.
    The Secretary shall issue such reports on an annual basis, with
    the first report required not later than 1 year after the date
    of enactment of this Act.

    SEC. 4503. STUDY RELATING TO HONEY.

      (a) Study.--The Secretary of Agriculture shall conduct a
    study to determine the effect of imported honey on United
    States honey producers, the availability of honey bee
    pollination within the United States, and whether there is
    reason to believe imports of honey tend to interfere with or
    render ineffective the honey price support program of the
    Department of Agriculture.
      (b) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary shall report the results
    of such study to the Committee on Agriculture and the Committee
    on Ways and Means of the House of Representatives and to the
    Committee on Agriculture, Nutrition, and Forestry and the
    Committee on Finance of the Senate.

    SEC. 4504. STUDY OF DAIRY IMPORT QUOTAS.

      (a) Study.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Agriculture shall
    conduct a study to determine whether, and to what extent, the
    price support program for milk established under section 201(d)
    of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) would be
    affected by a reduction in, or elimination of, limitations
    imposed on the importation of certain dairy products under
    section 22 of the Agricultural Adjustment Act (7 U.S.C. 624),
    reenacted with amendments by the Agricultural Marketing
    Agreement Act of 1937, as a result of multilateral trade
    negotiations, including negotiations under the General
    Agreement on Tariffs and Trade. In conducting this study, the
    Secretary shall assess the likelihood of other nations'
    agreeing to reduce or eliminate their domestic dairy price
    stabilization, export subsidization, or import control programs
    in such multilateral negotiations.
      (b) Report.--The Secretary shall submit a report describing
    the results of the study, together with any recommendations, to
    the Committee on Agriculture and the Committee on Ways and
    Means of the House of Representatives, and the Committee on
    Agriculture, Nutrition, and Forestry and the Committee on
    Finance of the Senate.

    SEC. 4505. REPORT ON INTERMEDIATE EXPORT CREDIT.

      Not later than 180 days after the date of the enactment of
    this Act, the Secretary of Agriculture shall submit a report to
    the Committee on Agriculture and the Committee on Foreign
    Affairs \16\ of the House of Representatives and the Committee
    on Agriculture, Nutrition, and Forestry of the Senate, on the
    use of authorities established under section 4 of the Food for
    Peace Act of 1966 (7 U.S.C. 1707a), the Agricultural Trade
    Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.),
    section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431),
    and the Commodity Credit Corporation Charter Act (15 U.S.C. 714
    et seq.), to provide intermediate credit financing and other
    trade assistance for the establishment of facilities in
    importing countries--
    ---------------------------------------------------------------------------
        \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) to improve the handling, marketing, processing,
            storage, and distribution of imported agricultural
            commodities and products;
              (2) to increase livestock production in order to
            enhance the demand for United States feed grains; and
              (3) to increase markets for United States livestock
            and livestock products.

    SEC. 4506.\17\ IMPORTED MEAT, POULTRY PRODUCTS, EGGS, AND EGG PRODUCTS.

      (a) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Agriculture shall
    submit a report to Congress--
    ---------------------------------------------------------------------------
        \17\ 21 U.S.C. 1401 note.
    ---------------------------------------------------------------------------
              (1) specifying the planned distribution, in fiscal
            years 1988 and 1989, of the resources of the Department
            of Agriculture available for sampling imported covered
            products to ensure compliance with the requirements of
            the Federal Meat Inspection Act (21 U.S.C. 601 et
            seq.), the Poultry Products Inspection Act (21 U.S.C.
            451 et seq.), and the Egg Products Inspection Act (21
            U.S.C. 1031 et seq.) that govern the level of residues
            of pesticides, drugs, and other products permitted in
            or on such products;
              (2) describing current methods used by the Secretary
            to enforce the requirements of such Acts with respect
            to the level of residues of pesticides, drugs, and
            other products permitted in or on such products;
              (3) responding to the audit report of the Inspector
            General of the Department of Agriculture, Number 38002-
            2-hy, dated January 14, 1987;
              (4) providing a summary with respect to the
            importation of covered products during fiscal years
            1987 and 1988 that specifies--
                      (A) the number of samples of each such
                    product taken during each such fiscal year in
                    carrying out the requirements described in
                    paragraph (1); and
                      (B) for each violation of such requirements
                    during each such fiscal year--
                              (i) the covered products with respect
                            to which such violation occurred;
                              (ii) the residue in or on such
                            product in violation of such
                            requirements;
                              (iii) the country exporting such
                            product;
                              (iv) the actions taken in response to
                            such violation and the reasons for such
                            actions; and
                              (v) the level of testing conducted by
                            the countries exporting such products;
              (5) describing any research conducted by the
            Secretary to develop improved methods to detect
            residues subject to such requirements in or on covered
            products; and
              (6) providing any recommendations the Secretary
            considers appropriate for legislation to add or modify
            penalties for violations of laws, regulations, and
            other enforcement requirements governing the level of
            residues that are permitted in or on imported covered
            products.
      (b) Revision.--Not later than November 15, 1989, the
    Secretary of Agriculture shall revise, as necessary, the report
    prepared under subsection (a) and submit the revision to
    Congress.
      (c) Definition.--As used in this section, the term ``covered
    products'' means meat, poultry products, eggs, and egg
    products.

    SEC. 4507. STUDY OF CIRCUMVENTION OF AGRICULTURAL QUOTAS.

      (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Comptroller General of the United
    States shall conduct a study with respect to--
              (1) whether articles containing dairy products
            (including chocolate in blocks of at least 10 pounds
            and other such products) are being imported into the
            United States in such a manner or in such quantities as
            to circumvent or avoid the limitations imposed on
            imports of dairy products under section 22 of the
            Agricultural Adjustment Act (7 U.S.C. 624), reenacted
            with amendments by the Agricultural Marketing Agreement
            Act of 1937; and
              (2) whether products containing refined sugar are
            being imported into the United States in such a manner
            or in such quantities as to circumvent or avoid the
            limitations imposed on imports of refined sugar and
            sugar containing products imposed under Federal law.
      (b) Requirements.--In conducting the study required under
    subsection (a), the Comptroller General shall investigate--
              (1) the efforts undertaken by the United States
            Customs Service in the enforcement of the existing
            quantitative limitations described in subsection (a);
              (2) the change in the composition, volume, and
            pattern of imports containing sugar and imports
            containing dairy products subsequent to the initial
            imposition of the quantitative limitations;
              (3) the effectiveness of section 22 of the
            Agricultural Adjustment Act (7 U.S.C. 624), reenacted
            with amendments by the Agricultural Marketing Agreement
            Act of 1937, in preventing the circumvention or
            avoidance of the quantitative limitations; and
              (4) the use of United States foreign trade zones to
            circumvent the quantitative limitations.
      (c) Report.--On completion of the study required by this
    section, the Comptroller General shall report the results of
    the study to the Committee on Agriculture and the Committee on
    Ways and Means of the House of Representatives, and the
    Committee on Agriculture, Nutrition, and Forestry and the
    Committee on Finance of the Senate.

    SEC. 4508. STUDY OF LAMB MEAT IMPORTS.

      (a) Study.--The Secretary of Agriculture shall conduct a
    study of the market for lamb meat products in the United
    States, focusing on production, demand, rate of return on
    investment, marketing and trends with respect to the level of
    imports of live lamb and lamb meat products, and the effects of
    such imports on the production of lamb meat in the United
    States.
      (b) Report.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit to the
    Committee on Ways and Means and the Committee on Agriculture of
    the House of Representatives and the Committee on Finance and
    the Committee on Agriculture, Nutrition, and Forestry of the
    Senate a report setting forth the results of such study. If
    appropriate, the report should include proposals on ways to
    bring about a long-term increase in per capita consumption of
    lamb meat products and ways to encourage a more profitable and
    productive domestic industry to ensure a plentiful and
    affordable supply of lamb meat.

    SEC. 4509. ROSE STUDY.

      (a) Study.--Not later than 240 days after the date of
    enactment of this Act, the United States International Trade
    Commission shall, pursuant to section 332 of the Tariff Act of
    1930 (19 U.S.C. 1332), complete a study with respect to--
              (1) competitive factors affecting the domestic rose-
            growing industry, including competition from imports;
              (2) the effect that the European Community's tariff
            rate for imported roses has on world trade of roses;
            and
              (3) the extent to which unfair trade practices and
            foreign barriers to trade are impeding the marketing
            abroad of domestically produced roses.
      (b) Report.--The Commission shall report the results of the
    study conducted in accordance with subsection (a) as soon as
    the study is completed to--
              (1) the Committee on Agriculture and the Committee on
            Ways and Means of the House of Representatives;
              (2) the Committee on Agriculture, Nutrition, and
            Forestry and the Committee on Finance of the Senate;
              (3) the United States Trade Representative;
              (4) the Secretary of Commerce; and
              (5) the Secretary of Agriculture.
      (c) Review.--It is the sense of Congress that the United
    States Trade Representative, the Secretary of Commerce, and the
    Secretary of Agriculture, should use all available remedies,
    programs, and policies within their respective jurisdictions to
    assist the domestic rose industry to maintain and enhance its
    ability to compete in the domestic and world market for roses
    if, after their review of the study and report required by this
    section, such officials determine that such action is
    appropriate to counter any adverse effects on the domestic rose
    industry caused by unfair trade practices of foreign
    competitors.

               Subtitle F--Miscellaneous Agricultural Provisions

              * * * * * * *

    SEC. 4605. STUDY OF INTERNATIONAL MARKETING IN LAND GRANT COLLEGES AND
                        UNIVERSITIES.

      It is the sense of Congress that--
              (1) land grant colleges and universities (as defined
            in section 1404(10) of the National Agricultural
            Research, Extension, and Teaching Policy Act of 1977 (7
            U.S.C. 3103(10)) should encourage the study and career
            objective of international marketing of agricultural
            commodities and products;
              (2) because marketing complements production,
            international agricultural marketing specialists are
            needed in a globally competitive world; and
              (3) enhanced foreign marketing of United States
            agricultural commodities and products will help relieve
            stress in the rural economy.

    SEC. 4606. INTERNATIONAL TRADE IN EGGS AND EGG PRODUCTS.

      (a) Findings.--Congress finds that--
              (1) the system of basic and variable levies of the
            European Community has severely restricted the export
            of United States eggs and egg products to European
            Community member countries;
              (2) export subsidies of the European Community have
            caused displacement of United States egg exports in
            international markets; and
              (3) the Secretary of Agriculture is in the process of
            certifying the Netherland's inspection procedures for
            egg products for the purpose of importation into the
            United States of egg products of the Netherlands.
      (b) Sense of Congress.--It is the sense of Congress that the
    United States Trade Representative should enter into
    negotiations with the European Community concerning--
              (1) duties, tariffs, and other means used by the
            European Community to limit the access of United States
            eggs and egg products to European Community markets;
            and
              (2) European Community export subsidies that have had
            the effect of excluding United States eggs and egg
            products from other world markets.

    SEC. 4607. UNITED STATES ACCESS TO THE KOREAN BEEF MARKET.

      (a) Findings.--Congress finds that--
              (1) the 1986 United States trade deficit with the
            Republic of Korea was $7,600,000,000;
              (2) the Republic of Korea has banned beef imports
            since May 1985;
              (3) this beef import ban is in contravention of
            Korea's obligations under the General Agreement on
            Tariffs and Trade and impairs United States rights
            under such agreement;
              (4) Korea imposes an unreasonably high 20 percent ad
            valorem tariff on meat products; and
              (5) if the Korean beef market were liberalized, the
            United States, due to comparative advantage, could
            supply a significant portion of the Korean market for
            beef, thereby increasing profit opportunities for the
            United States beef industry while benefiting Korean
            consumers.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the Republic of Korea should take immediate
            action to fulfill its obligations under the General
            Agreement on Tariffs and Trade and permit access to its
            market for United States beef;
              (2) the United States should aggressively pursue
            negotiations to gain access to the Korean market for
            United States beef;
              (3) such negotiations, in addition to elimination of
            the beef import ban, should address the high tariffs
            set by the Republic of Korea and the means by which
            imported beef is distributed in Korea; and
              (4) if the Republic of Korea does not show clear
            evidence that it is engaging in meaningful
            liberalization of its market for United States beef,
            the United States should use all available and
            appropriate means to encourage the Republic of Korea to
            open its market to United States beef imports.

    SEC. 4608. UNITED STATES ACCESS TO JAPANESE AGRICULTURAL MARKETS.

      (a) Findings.--Congress finds that--
              (1) the United States requested establishment of a
            panel pursuant to Article XXIII of the General
            Agreement on Tariffs and Trade (hereinafter in this
            section referred to as ``GATT'') to examine Japanese
            import restrictions on 12 categories of agricultural
            products;
              (2) the GATT panel found that Japanese quantitative
            restrictions on 10 of the 12 product categories are
            inconsistent with Article XI of the GATT and
            recommended that Japan eliminate them or otherwise take
            action to bring them into conformity with the GATT; and
              (3) the rationale behind the GATT panel finding can
            also be applied to other restrictions that Japan
            maintains on imports from the United States,
            including--
                      (A) a virtual ban on imports of United States
                    rice;
                      (B) a very restrictive quota on imports of
                    United States beef; and
                      (C) high tariffs and restrictive quotas on
                    imports of United States citrus.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the Government of Japan should immediately take
            actions to comply with the findings of the GATT panel
            report;
              (2) the Government of Japan should immediately
            liberalize its trade policies by lowering high tariffs
            and removing quotas on agricultural imports from the
            United States, including those imposed on rice, beef,
            and citrus, in order to avoid any damage to the close
            relations between Japan and the United States; and
              (3) the United States should continue efforts to
            persuade the Government of Japan to remove its trade
            barriers.

    SEC. 4609.\18\ SENSE OF CONGRESS RELATING TO SECTION 22.

      It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \18\ 7 U.S.C. 624 note.
    ---------------------------------------------------------------------------
              (1) the amounts of assessments collected under the
            no-net-cost tobacco program can be an indicator of
            import injury and material interference with the
            tobacco price support program administered by the
            Secretary of Agriculture; and
              (2) for purposes of any investigation conducted under
            section 22(a) of the Agricultural Adjustment Act (7
            U.S.C. 624(a)), reenacted with amendments by the
            Agricultural Marketing Agreement Act of 1937, with
            respect to tobacco, or articles containing tobacco,
            imported into the United States, the International
            Trade Commission should take into account, as if they
            are costs to the Federal government, contributions and
            assessments imposed under sections 106A and 106B of the
            Agricultural Act of 1949 (7 U.S.C. 1445-1 and 1445-2)
            in determining whether such imported tobacco or
            articles containing tobacco materially interfere with
            the tobacco price support program carried out by the
            Secretary of Agriculture.
              * * * * * * *
                     b. Agricultural Trade Act of 1978 \1\

    Public Law 95-501 [S. 3447], 92 Stat. 1685, approved October 21, 1978;
      amended by Public Law 101-624 [Food, Agriculture, Conservation, and
      Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28,
     1990; Public Law 102-237 [Food, Agriculture, Conservation, and Trade
     Act Amendments of 1991; H.R. 3029], 105 Stat. 1818, approved December
    13, 1991; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat.
      3320, approved October 24, 1992; Public Law 103-66 [Omnibus Budget
    Reconciliation Act of 1993; H.R. 2264], 107 Stat. 312, approved August
        10, 1993; Public Law 103-354 [Federal Crop Insurance Reform and
     Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108
      Stat. 3178, approved October 13, 1994; Public Law 103-465 [Uruguay
    Round Agreements Act; H.R. 5110], 110 Stat. 4809, approved December 8,
     1994; Public Law 104-127 [Federal Agriculture Improvement and Reform
    Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996; Public
           Law 106-78 [Agriculture, Rural Development, Food and Drug
      Administration, and Related Agencies Appropriations Act, 2000; H.R.
      1906], 113 Stat. 1135, approved October 22, 1999; and by Public Law
     107-171 [Farm Security and Rural Investment Act of 2002; H.R. 2646],
                      116 Stat. 134, approved May 13, 2002

    AN ACT To strengthen the economy of the United States through increased
            sales abroad of United States agricultural commodities.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Trade Act of 1978''.

    SECTION 1.\2\ SHORT TITLE.

      This Act may be cited as the ``Agricultural Trade Act of
    1978''.
    ---------------------------------------------------------------------------
        \1\ Sec. 1531 of the Food, Agriculture, Conservation, and Trade Act
    of 1990 (Public Law 101-624; 104 Stat. 3669) struck out the previous
    text and substantially restated this Act.
        \2\ 7 U.S.C. 5601 note.
    ---------------------------------------------------------------------------

                          TITLE I--GENERAL PROVISIONS

    SEC. 101.\3\ PURPOSE.

      It is the purpose of this Act to increase the profitability
    of farming and to increase opportunities for United States
    farms and agricultural enterprises by--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 5601.
    ---------------------------------------------------------------------------
              (1) increasing the effectiveness of the Department of
            Agriculture in agricultural export policy formulation
            and implementation;
              (2) improving the competitiveness of United States
            agricultural commodities and products in the world
            market; and
              (3) providing for the coordination and efficient
            implementation of all agricultural export programs.

    SEC. 102.\4\ DEFINITIONS.

      As used in this Act--
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 5602.
    ---------------------------------------------------------------------------
              (1) Agricultural commodity.--The term ``agricultural
            commodity'' means any agricultural commodity, food,
            feed, fiber, or livestock (including livestock as it is
            defined in section 602(2) of the Agricultural Act of
            1949 (7 U.S.C. 1471(2)) and insects),\5\ and any
            product thereof.
    ---------------------------------------------------------------------------
        \5\ Sec. 702(a) of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3349), struck out ``feed, or fiber'' and inserted in lieu thereof
    ``feed, fiber, or livestock (including livestock as it is defined in
    section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) and
    insects)''.
    ---------------------------------------------------------------------------
              (2) Developing country.--The term ``developing
            country'' means a country that--
                      (A) has a shortage of foreign exchange
                    earnings and has difficulty accessing
                    sufficient commercial credit to meet all of its
                    food needs, as determined by the Secretary; and
                      (B) has the potential to become a commercial
                    market for agricultural commodities.
              (3) Secretary.--The term ``Secretary'' means the
            Secretary of Agriculture.
              (4) Service.--The term ``Service'' means the Foreign
            Agricultural Service of the Department of Agriculture.
              (5) Unfair trade practice.--
                      (A) In general.--Subject to subparagraph (B),
                    the term ``unfair trade practice'' means any
                    act, policy, or practice of a foreign country
                    that--
                              (i) violates, or is inconsistent
                            with, the provisions of, or otherwise
                            denies benefits to the United States
                            under, any trade agreement to which the
                            United States is a party; \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 3104(b) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 290) struck out ``or'' at the end
    of clause (i), amended and restated clause (ii), and added clauses
    (iii) through (vi).
    ---------------------------------------------------------------------------
                              (ii) \6\ in the case of a
                            monopolistic state trading enterprise
                            engaged in the export sale of an
                            agricultural commodity, implements a
                            pricing practice that is inconsistent
                            with sound commercial practice;
                              (iii) \6\ provides a subsidy that--
                                      (I) decreases market
                                    opportunities for United States
                                    exports; or
                                      (II) unfairly distorts an
                                    agricultural market to the
                                    detriment of United States
                                    exporters;
                              (iv) imposes an unfair technical
                            barrier to trade, including--
                                      (I) a trade restriction or
                                    commercial requirement (such as
                                    a labeling requirement) that
                                    adversely affects a new
                                    technology (including
                                    biotechnology); and
                                      (II) an unjustified sanitary
                                    or phytosanitary restriction
                                    (including any restriction
                                    that, in violation of the
                                    Uruguay Round Agreements, is
                                    not based on scientific
                                    principles;
                              (v) imposes a rule that unfairly
                            restricts imports of United States
                            agricultural commodities in the
                            administration of tariff rate quotas;
                            or
                              (vi) fails to adhere to, or
                            circumvents any obligation under, any
                            provision of a trade agreement with the
                            United States.
                      (B) Consistency with 1974 trade act.--Nothing
                    in this Act may be construed to authorize the
                    Secretary to make any determination regarding
                    an unfair trade practice that is inconsistent
                    with section 301 of the Trade Act of 1974 (19
                    U.S.C. 2411).
              (6) United states.--The term ``United States''
            includes each of the States, the District of Columbia,
            Puerto Rico, and the territories and possessions of the
            United States.
              (7) \7\ United states agricultural commodity.--The
            term ``United States agricultural commodity'' means--
    ---------------------------------------------------------------------------
        \7\ Sec. 243(c) of Public Law 104-127 (110 Stat. 967) struck out
    subparas. (A) and (B) and inserted new subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (A) an agricultural commodity or product
                    entirely produced in the United States; or
                      (B) a product of an agricultural commodity--
                              (i) 90 percent of more of the
                            agricultural components of which by
                            weight, excluding packaging and added
                            water, is entirely produced in the
                            United States; and
                              (ii) that the Secretary determines to
                            be a high value agricultural product.
            For purposes of this paragraph, fish entirely produced
            in the United States include fish harvested by a
            documented fishing vessel as defined in title 46,
            United States Code, in waters that are not waters
            (including the territorial sea) of a foreign country.
              (8) \8\ Independent states of the former soviet
            union.--The term ``independent states of the former
            Soviet Union'' means the following: Armenia,
            Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
            Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and
            Uzbekistan.
    ---------------------------------------------------------------------------
        \8\ Sec. 702(b) of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3349) added para. (8).
    ---------------------------------------------------------------------------

    SEC. 103.\9\ AGRICULTURAL EXPORT PROMOTION STRATEGY.

        (a) In General.--The Secretary shall develop a strategy for
    implementing Federal agricultural export promotion programs
    that takes into account the new market opportunities for
    agricultural products, including opportunities that result
    from--
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 5603. Sec. 241(a) of Public Law 104-127 (110 Stat.
    963) amended and restated sec. 103. Sec. 241(b) of that Act further
    stated:
        ``(b) Sense of Congress.--It is the sense of Congress that--
    ---------------------------------------------------------------------------

      ``(1) the Committee on Agriculture of the House of Representatives and
    the Committee on Agriculture, Nutrition, and Forestry of the Senate should
    conduct a thorough review of agricultural export and food aid programs not
    later than December 31, 1998; and

      ``(2) the review should examine what changes, if any, need to be made in
    the programs as a result of the effects of the Agricultural Market
    Transition Act, the Uruguay Round Agreements, changing world market
    conditions, and such other factors as the committees consider
    appropriate.''.

              (1) the North American Free Trade Agreement and the
            Uruguay Round Agreements;
              (2) any accession to membership in the World Trade
            Organization;
              (3) the continued economic growth in the Pacific Rim;
            and
              (4) other developments.
        (b) Purpose of Strategy.--The strategy developed under
    subsection (a) shall encourage the maintenance, development,
    and expansion of export markets for United States agricultural
    commodities and related products, including high-value and
    value-added products.
        (c) Goals of Strategy.--The strategy developed under
    subsection (a) shall have the following goals:
              (1) Increase the value of United States agricultural
            exports each year.
              (2) Increase the value of United States agricultural
            exports each year at a faster rate than the rate of
            increase in the value of overall world export trade in
            agricultural products.
              (3) Increase the value of United States high-value
            and value-added agricultural exports each year.
              (4) Increase the value of United States high-value
            and value-added agricultural exports each year at a
            faster rate than the rate of increase in the value of
            overall world export trade in high-value and value-
            added agricultural products.
              (5) Ensure that to the extent practicable--
                      (A) all obligations undertaken in the Uruguay
                    Round Agreement on Agriculture that
                    significantly increase access for United States
                    agricultural commodities are implemented to the
                    extent required by the Uruguay Round
                    Agreements; or
                      (B) applicable United States laws are used to
                    secure United States rights under the Uruguay
                    Round Agreement on Agriculture.
        (d) Priority Markets.--
              (1) Identification of markets.--In developing the
            strategy required under subsection (a), the Secretary
            shall annually identify as priority markets--
                      (A) those markets in which imports of
                    agricultural products show the greatest
                    potential for increase; and
                      (B) those markets in which, with the
                    assistance of Federal export promotion
                    programs, exports of United States agricultural
                    products show the greatest potential for
                    increase.
              (2) Identification of supporting offices.--The
            President shall identify annually in the budget of the
            United States Government submitted under section 1105
            of title 31, United States Code, each overseas office
            of the Foreign Agricultural Service that provides
            assistance to United States exporters in each of the
            priority markets identified under paragraph (1).

    SEC. 104.\10\ PRESERVATION OF TRADITIONAL MARKETS.

      The Secretary shall, in implementing programs of the
    Department of Agriculture intended to encourage or assist
    exports of agricultural commodities, seek to preserve
    traditional markets for United States agricultural commodities.
    ---------------------------------------------------------------------------
        \10\ 7 U.S.C. 5604.
    ---------------------------------------------------------------------------

    SEC. 105.\11\ INDEPENDENCE OF AUTHORITIES.

      Each authority granted under this Act shall be in addition
    to, and not in lieu of, any authority granted to the Secretary
    or the Commodity Credit Corporation under any other provision
    of law.
    ---------------------------------------------------------------------------
        \11\ 7 U.S.C. 5605.
    ---------------------------------------------------------------------------

    SEC. 106.\12\ IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
                        AGREEMENTS.

        Not later than September 30 of each year, the Secretary
    shall evaluate whether the obligations undertaken by foreign
    countries under the Uruguay Round Agreement on Agriculture are
    being fully implemented. If the Secretary has reason to believe
    (based on the evaluation) that any foreign country, by not
    implementing the obligations of the country, may be
    significantly constraining an opportunity for United States
    agricultural exports, the Secretary shall--
    ---------------------------------------------------------------------------
        \12\ 7 U.S.C. 5606. Added by sec. 242(a) of Public Law 104-127 (110
    Stat. 964).
    ---------------------------------------------------------------------------
              (1) submit the evaluation to the United States Trade
            Representative; and
              (2) transmit a copy of the evaluation to the
            Committee on Agriculture, and the Committee on Ways and
            Means, of the House of Representatives and the
            Committee on Agriculture, Nutrition, and Forestry, and
            the Committee on Finance, of the Senate.

    SEC. 107.\13\ EXPORTER ASSISTANCE INITIATIVE.

        To provide a comprehensive source of information to
    facilitate exports of United States agricultural commodities,
    the Secretary shall maintain on a website on the Internet
    information to assist exporters and potential exporters of
    United States agricultural commodities.
    ---------------------------------------------------------------------------
        \13\ 7 U.S.C. 5607. Added by sec. 3101 of the Farm Security and
    Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 288).
    ---------------------------------------------------------------------------

                     TITLE II--AGRICULTURAL EXPORT PROGRAMS

                           Subtitle A--Programs \14\

    SEC. 201.\15\ DIRECT CREDIT SALES PROGRAM.

      (a) Short-Term Program.--To promote the sale of agricultural
    commodities, the Commodity Credit Corporation may finance the
    commercial export sale of such commodities from privately owned
    stocks on credit terms for not to exceed a 3-year period.
    ---------------------------------------------------------------------------
        \14\ Sec. 310 of Public Law 102-237 (105 Stat. 1856) inserted this
    subtitle heading.
        \15\ 7 U.S.C. 5621. Sec. 707 of the FREEDOM Support Act (Public Law
    102-511; 106 Stat. 3350) substantially amended sec. 201.
    ---------------------------------------------------------------------------
      (b) Intermediate-Term Program.--Subject to subsection (c), to
    promote the sale of agricultural commodities the Commodity
    Credit Corporation may finance the commercial export sales of
    agricultural commodities from privately owned stocks on credit
    terms for a period of not less than 3 years nor in excess of 10
    years in a manner that will directly benefit United States
    agricultural producers.
      (c) Determinations.--The Commodity Credit Corporation shall
    not finance an export sale under subsection (b) unless the
    Secretary determines that such sale will--
              (1) develop, expand, or maintain the importing
            country as a foreign market, on a long-term basis, for
            the commercial sale and export of United States
            agricultural commodities, without displacing normal
            commercial sales;
              (2) improve the capability of the importing country
            to purchase and use, on a long-term basis, United
            States agricultural commodities; or
              (3) otherwise promote the export of United States
            agricultural commodities.
    The reference in paragraphs (1) and (2) to ``on a long-term
    basis'' shall not apply in the case of determinations with
    respect to sales to the independent states of the former Soviet
    Union.\16\
    ---------------------------------------------------------------------------
        \16\ Sec. 707(a) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) added the last sentence.
    ---------------------------------------------------------------------------
      (d) Use of Program.--
              (1) General uses.--The Commodity Credit Corporation
            may use export sales financing authorized under this
            section--
                      (A) to increase exports of agricultural
                    commodities;
                      (B) to compete against foreign agricultural
                    exports;
                      (C)\17\ to assist countries in meeting their
                    food and fiber needs, particularly--
    ---------------------------------------------------------------------------
        \17\ Sec. 707(b) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3350) restated subpara. (C). It formerly read as follows:
        ``(C) to assist countries, particularly developing countries, in
    meeting their food and fiber needs; and''.
    ---------------------------------------------------------------------------
                              (i) developing countries; and
                              (ii) countries that are emerging
                            markets \18\ that have committed to
                            carry out, or are carrying out,
                            policies that promote economic freedom,
                            private domestic production of food
                            commodities for domestic consumption,
                            and the creation and expansion of
                            efficient domestic markets for the
                            purchase and sale of agricultural
                            commodities; and
    ---------------------------------------------------------------------------
        \18\ Sec. 277(c)(2) of Public Law 104-127 (110 Stat. 979) struck
    out ``emerging democracies'' and inserted in lieu thereof ``emerging
    markets''.
    ---------------------------------------------------------------------------
                      (D) for such other purposes as the Secretary
                    determines appropriate consistent with the
                    provisions of subsection (c).
              (2) General restrictions.--Export sales financing
            authorized under this section shall not be used for
            foreign aid, foreign policy, or debt rescheduling
            purposes. The provisions of the cargo preference laws
            shall not apply to export sales financed under this
            section.
      (e) Terms of Credit Assistance.--Any contract for the
    financing of exports by the Commodity Credit Corporation under
    this section shall include--
              (1) a requirement that repayment shall be made in
            dollars with interest accruing thereon as determined
            appropriate by the Secretary; and
              (2) a requirement, if the Secretary determines such
            requirement appropriate to protect the interests of the
            United States, that an initial payment be made by the
            purchaser at the time of sale or shipment of the
            agricultural commodity that is subject to the contract.
      (f) \19\ Restrictions.--The Commodity Credit Corporation may
    not make export sales financing authorized under this section
    available in connection with sales of an agricultural commodity
    to any country that the Secretary determines cannot adequately
    service the debt associated with such sale.
    ---------------------------------------------------------------------------
        \19\ Sec. 707(c) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3351) added subsec. (f).
    ---------------------------------------------------------------------------

    SEC. 202.\20\ EXPORT CREDIT GUARANTEE PROGRAM.

      (a) Short-Term Credit Guarantees.--(1) \21\ In general.--The
    Commodity Credit Corporation may guarantee the repayment of
    credit made available to finance commercial export sales of
    agricultural commodities, including processed agricultural
    products and high-value agricultural products,\22\ from
    privately owned stocks on credit terms that do not exceed a 3-
    year period.
    ---------------------------------------------------------------------------
        \20\ 7 U.S.C. 5622.
        \21\ Sec. 243(a) of Public Law 104-127 (110 Stat. 965) added para.
    designation ``(1)'' and a new para. (2).
        \22\ Sec. 709(a)(1) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3351) inserted ``, including processed agricultural products
    and high-value agricultural products,'' after ``agricultural
    commodities'' at each place it appears in subsecs. (a) and (b).
    ---------------------------------------------------------------------------
        (2) \21\ Supplier credits.--In carrying out this section,
    the Commodity Credit Corporation may issue guarantees for the
    repayment of credit made available for a period of not more
    than 180 days by a United States exporter to a buyer in a
    foreign country.
        (3) \23\ Extended supplier credits.--
    ---------------------------------------------------------------------------
        \23\ Sec. 3102(a) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 289) added para. (3).
    ---------------------------------------------------------------------------
              (A) In general.--Subject to the appropriation of
            funds under subparagraph (B), in carrying out this
            section, the Commodity Credit Corporation may issue
            guarantees for the repayment of credit made available
            for a period of more than 180 days, but not more than
            360 days, by a United States exporter to a buyer in a
            foreign country.
              (B) Authorization of appropriations.--There are
            authorized to be appropriated such sums as are
            necessary to fund the additional costs attributable to
            the portion of any guarantee issued under this
            paragraph to cover the repayment of credit beyond the
            initial 180-day period.
      (b) Intermediate-Term Credit Guarantees.--Subject to the
    provisions of subsection (c), the Commodity Credit Corporation
    may guarantee the repayment of credit made available by
    financial institutions in the United States to finance
    commercial export sales of agricultural commodities, including
    processed agricultural products and high-value agricultural
    products,\22\ from privately owned stocks on credit terms that
    are for not less than a 3-year period nor for more than a 10-
    year period in a manner that will directly benefit United
    States agricultural producers.
      (c) Required Determinations.--The Commodity Credit
    Corporation shall not guarantee under subsection (b) the
    repayment of credit made available to finance an export sale
    unless the Secretary determines that such sale will--
              (1) develop, expand, or maintain the importing
            country as a foreign market, on a long-term basis, for
            the commercial sale and export of United States
            agricultural commodities, without displacing normal
            commercial sales;
              (2) improve the capability of the importing country
            to purchase and use, on a long-term basis, United
            States agricultural commodities; or
              (3) otherwise promote the export of United States
            agricultural commodities.
    The reference in paragraphs (1) and (2) to ``on a long-term
    basis'' shall not apply in the case of determinations with
    respect to sales to the independent states of the former Soviet
    Union.\24\
    ---------------------------------------------------------------------------
        \24\ Sec. 708(a) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3351) added this last sentence to subsec. (c).
    ---------------------------------------------------------------------------
      (d) Purpose of Program.--The Commodity Credit Corporation may
    use export credit guarantees authorized under this section--
              (1) to increase exports of agricultural commodities;
              (2) to compete against foreign agricultural exports;
              (3) \25\ to assist countries in meeting their food
            and fiber needs, particularly--
    ---------------------------------------------------------------------------
        \25\ Sec. 708(b) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3351) restated para. (3), which had read as follows:
        ``(3) to assist countries, particularly developing countries, in
    meeting their food and fiber needs; and''.
    ---------------------------------------------------------------------------
                      (A) developing countries; and
                      (B) countries that are emerging markets \26\
                    that have committed to carry out, or are
                    carrying out, policies that promote economic
                    freedom, private domestic production of food
                    commodities for domestic consumption, and the
                    creation and expansion of efficient domestic
                    markets for the purchase and sale of
                    agricultural commodities; and
    ---------------------------------------------------------------------------
        \26\ Sec. 277(c)(3) of Public Law 104-127 (110 Stat. 979) struck
    out ``emerging democracies'' and inserted in lieu thereof ``emerging
    markets''.
    ---------------------------------------------------------------------------
              (4) for such other purposes as the Secretary
            determines appropriate, consistent with the provisions
            of subsection (c).
      (e) Restrictions on Use of Credit Guarantees.--Export credit
    guarantees authorized by this section shall not be used for
    foreign aid, foreign policy, or debt rescheduling purposes. The
    provisions of the cargo preference laws shall not apply to
    export sales with respect to which credit is guaranteed under
    this section.
      (f) Restrictions.--
              (1) \27\ In general.--The Commodity Credit
            Corporation shall not make credit guarantees available
            in connection with sales of agricultural commodities to
            any country that the Secretary determines cannot
            adequately service the debt associated with such sale.
    ---------------------------------------------------------------------------
        \27\ Sec. 243(a)(2) of Public Law 104-127 (110 Stat. 966) added
    para. designation ``(1)'' and added a new para. (2).
    ---------------------------------------------------------------------------
              (2) \27\ Criteria for determination.--In making the
            determination required under paragraph (1) with respect
            to credit guarantees under subsection (b) for a
            country, the Secretary may consider, in addition to
            financial, macroeconomic, and monetary indicators--
                      (A) whether an International Monetary Fund
                    standby agreement, Paris Club rescheduling
                    plan, or other economic restructuring plan is
                    in place with respect to the country;
                      (B) whether the country is addressing issues
                    such as--
                              (i) the convertibility of the
                            currency of the country;
                              (ii) adequate legal protection for
                            foreign investments;
                              (iii) the viability of the financial
                            markets of the country; and
                              (iv) adequate legal protection for
                            the private property rights of citizens
                            of the country; or
                      (C) any other factors that are relevant to
                    the ability of the country to service the debt
                    of the country.
      (g) Terms.--Export credit guarantees issued pursuant to this
    section shall contain such terms and conditions as the
    Commodity Credit Corporation determines to be necessary.
      (h) \28\ United States Agricultural Commodities.--The
    Commodity Credit Corporation shall finance or guarantee under
    this section only United States agricultural commodities.
    ---------------------------------------------------------------------------
        \28\ Sec. 243(a)(3) of Public Law 104-127 (110 Stat. 966) amended
    and restated subsec. (h). It formerly read as follows:
        ``(h) Foreign Agricultural Components.--The Commodity Credit
    Corporation shall finance or guarantee under this section only United
    States agricultural commodities. The Commodity Credit Corporation shall
    not finance or guarantee under this section the value of any foreign
    agricultural component.''.
    ---------------------------------------------------------------------------
      (i) \29\ Ineligibility of Financial Institutions.--
    ---------------------------------------------------------------------------
        \29\ In subsec. (i), sec. 243(a)(4) of Public Law 104-127 (110
    Stat. 966) struck out para. (1), which had read, ``(1) is not in sound
    financial condition;'', inserted a new para. (1), redesignated former
    paras. (2) and (3) as subparas. (A) and (B), and added a new para. (2).
    ---------------------------------------------------------------------------
              (1) In general.--A financial institution shall be
            ineligible to receive an assignment of a credit
            guarantee issued by the Commodity Credit Corporation
            under this section if it is determined by the
            Corporation, at the time of the assignment, that \30\
            such financial institution--
    ---------------------------------------------------------------------------
        \30\ Sec. 334 of Public Law 102-237 (105 Stat. 1859) struck out
    ``or proceeds payable under a credit guarantee issued by the Commodity
    Credit Corporation under this section if it is determined by the
    Corporation that'' and inserted in lieu thereof ``issued by the
    Commodity Credit Corporation under this section if it is determined by
    the Corporation, at the time of the assignment, that''.
    ---------------------------------------------------------------------------
                      (A) is the financial institution issuing the
                    letter of credit or a subsidiary of such
                    institution; or
                      (B) is owned or controlled by an entity that
                    owns or controls that financial institution
                    issuing the letter of credit.
              (2) Third country banks.--The Commodity Credit
            Corporation may guarantee under subsections (a) and (b)
            the repayment of credit made available to finance an
            export sale irrespective of whether the obligor is
            located in the country to which the export sale is
            destined.
      (j) Conditions for Fish and Processed Fish Products.--In
    making available any guarantees of credit under this section in
    connection with sales of fish and processed fish products, the
    Secretary shall make such guarantees available under terms and
    conditions that are comparable to the terms and conditions that
    apply to guarantees provided with respect to sales of other
    agricultural commodities under this section.
        (k) \31\ Processed and High-Value Products.--
    ---------------------------------------------------------------------------
        \31\ Sec. 709(a)(2) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3351) added subsec. (k), relating to set-asides. Sec.
    243(a)(5) of Public Law 104-127 (110 Stat. 966) amended and restated
    the subsection.
    ---------------------------------------------------------------------------
              (1) In general.--In issuing export credit guarantees
            under this section, the Commodity Credit Corporation
            shall, subject to paragraph (2), ensure that not less
            than 25 percent for each of fiscal years 1996 and 1997,
            30 percent for each of fiscal years 1998 and 1999, and
            35 percent for each of fiscal years 2000 through
            2007,\32\ of the total amount of credit guarantees
            issued for a fiscal year is issued to promote the
            export of processed or high-value agricultural products
            and that the balance is issued to promote the export of
            bulk or raw agricultural commodities.
    ---------------------------------------------------------------------------
        \32\ Sec. 3102(b) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 289) struck out ``, 2001, and
    2002'' and inserted in lieu thereof ``through 2007''.
    ---------------------------------------------------------------------------
              (2) Limitation.--The percentage requirement of
            paragraph (1) shall apply for a fiscal year to the
            extent that a reduction in the total amount of credit
            guarantees issued for the fiscal year is not required
            to meet the percentage requirement.
        (l) \33\ Consultation on Agricultural Export Credit
    Programs.--The Secretary and the United States Trade
    Representative shall consult on a regular basis with the
    Committee on Agriculture, and the Committee on International
    Relations, of the House of Representatives and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate on the
    status of multilateral negotiations regarding agricultural
    export credit programs.
    ---------------------------------------------------------------------------
        \33\ Sec. 3102(c) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 289) added subsec. (l).
    ---------------------------------------------------------------------------

    SEC. 203.\34\ MARKET ACCESS PROGRAM.

      (a) In General.--The Commodity Credit Corporation shall
    establish and carry out a program to encourage the development,
    maintenance, and expansion of commercial export markets for
    agricultural commodities through cost-share assistance to
    eligible trade organizations that implement a foreign market
    development program.
    ---------------------------------------------------------------------------
        \34\ 7 U.S.C. 5623. Sec. 244(a)(1)(A) of Public Law 104-127 (110
    Stat. 967) struck out ``market promotion program'' and inserted in lieu
    thereof ``market access program'' as the section catchline.
    ---------------------------------------------------------------------------
      (b) Type of Assistance.--Assistance under this section may be
    provided in the form of funds of, or commodities owned by, the
    Commodity Credit Corporation, as determined appropriate by the
    Secretary.
      (c) \35\ Requirements for Participation.--To be eligible for
    cost-share assistance under this section, an organization
    shall--
    ---------------------------------------------------------------------------
        \35\ Sec. 411(d) of Public Law 103-465 (108 Stat. 4963) struck out
    para. (2) in this subsection, struck out para. designation ``(1)'', and
    redesignated subparas. (A) through (C) as paras. (1) through (3). Para.
    (2), as previously amended by Public Law 103-66 (107 Stat. 330),
    formerly read as follows:
        ``(2) Unfair trade practices.--
    ---------------------------------------------------------------------------

      ``(A) Requirement.--Except as provided in subparagraph (B), the Secretary
    shall provide assistance under this section only to counter or offset the
    adverse effects of a subsidy, import quota, or other unfair trade practice
    of a foreign country.

      ``(B) Exception.--The Secretary shall waive the requirements of this
    paragraph in the case of activities conducted by small entities operating
    through the regional State-related organizations.''.

              (1) be an eligible trade organization;
              (2) prepare and submit a marketing plan to the
            Secretary that meets the guidelines governing such
            plans established by the Secretary; and
              (3) meet any other requirements established by the
            Secretary.
      (d) Eligible Trade Organizations.--An eligible trade
    organization shall be--
              (1) a United States agricultural trade organization
            or regional State-related organization that promotes
            the export and sale of agricultural commodities and
            that does not stand to profit directly from specific
            sales of agricultural commodities;
              (2) a cooperative organization or State agency that
            promotes the sale of agricultural commodities; or
              (3) a private organization that promotes the export
            and sale of agricultural commodities if the Secretary
            determines that such organization would significantly
            contribute to United States export market development.
      (e) Approved Marketing Plan.--
              (1) In general--A marketing plan submitted by an
            eligible trade organization under this section shall
            describe the advertising or other market oriented
            export promotion activities to be carried out by the
            eligible trade organization with respect to which
            assistance under this section is being requested.
              (2) Requirements.--To be approved by the Secretary, a
            marketing plan submitted under this subsection shall--
                      (A) specifically describe the manner in which
                    assistance received by the eligible trade
                    organization in conjunction with funds and
                    services provided by the eligible trade
                    organization will be expended in implementing
                    the marketing plan;
                      (B) establish specific market goals to be
                    achieved as a result of the market access
                    program; \36\ and
    ---------------------------------------------------------------------------
        \36\ Sec. 244(a)(1)(B) of Public Law 104-127 (110 Stat. 967) struck
    out ``marketing promotion program'' and inserted in lieu thereof
    ``market access program'' throughout sec. 203.
    ---------------------------------------------------------------------------
                      (C) contain whatever additional requirements
                    are determined by the Secretary to be
                    necessary.
              (3) Amendments.--A marketing plan may be amended by
            the eligible trade organization at any time, with the
            approval of the Secretary.
              (4) Branded promotion.--An agreement entered into
            under this section may provide for the use of branded
            advertising to promote the sale of agricultural
            commodities in a foreign country under such terms and
            conditions as may be established by the Secretary.
      (f) Other Terms and conditions.--
              (1) Multi-year basis.--The Secretary may provide
            assistance under this section on a multi-year basis,
            subject to annual review by the Secretary for
            compliance with the approved marketing plan.
              (2) Termination of assistance.--The Secretary may
            terminate any assistance made, or to be made, available
            under this section if the Secretary determines that--
                      (A) the eligible trade organization is not
                    adhering to the terms and conditions of the
                    program established under this section;
                      (B) the eligible trade organization is not
                    implementing the approved marketing plan or is
                    not adequately meeting the established goals of
                    the market access program; \36\
                      (C) the eligible trade organization is not
                    adequately contributing its own resources to
                    the market access program; \36\ or \37\
    ---------------------------------------------------------------------------
        \37\ Sec. 411(d)(2) of Public Law 103-465 (108 Stat. 4963) struck
    out subpara. (D), added ``or'' at the end of subpara. (C), and
    redesignated subpara. (E) as subpara. (D). Former subpara. (D) read as
    follows:
        ``(D) the unfair trade practice that was the basis of the provision
    of assistance has been discontinued and marketing assistance is no
    longer required to offset its effects; or''.
    ---------------------------------------------------------------------------
                      (D) \37\ the Secretary determines that
                    termination of assistance in a particular
                    instance is in the best interests of the
                    program.
              (3) Evaluations.--The Secretary shall monitor the
            expenditure of funds received under this section by
            recipients of such funds. The Secretary shall make
            evaluations of such expenditure, including--
                      (A) an evaluation of the effectiveness of the
                    program in developing or maintaining markets
                    for United States agricultural commodities;
                      (B) an evaluation of whether assistance
                    provided under this section is necessary to
                    maintain such markets; and
                      (C) a thorough accounting of the expenditure
                    of such funds by the recipient.
            The Secretary shall make an initial evaluation of
            expenditures of a recipient not later than 15 months
            after the initial provision of funds to the recipient.
              (4) \38\ Use of funds.--Funds made available to carry
            out this section--
    ---------------------------------------------------------------------------
        \38\ Sec. 244(b) of Public Law 104-127 (110 Stat. 968) added para.
    (4).
    ---------------------------------------------------------------------------
                      (A) shall not be used to provide direct
                    assistance to any foreign for-profit
                    corporation for the corporation's use in
                    promoting foreign-produced products;
                      (B) shall not be used to provide direct
                    assistance to any for-profit corporation that
                    is not recognized as a small-business concern
                    described in section 3(a) of the Small Business
                    Act (15 U.S.C. 632(a)), excluding--
                              (i) a cooperative;
                              (ii) an association described in the
                            first section of the Act entitled ``An
                            Act To authorize association of
                            producers of agricultural products'',
                            approved February 18, 1922 (7 U.S.C.
                            291); and
                              (iii) a nonprofit trade association;
                            and
                      (C) may be used by a United States trade
                    association, cooperative, or small business for
                    individual branded promotional activity related
                    to a United States branded product, if the
                    beneficiaries of the activity have provided
                    funds for the activity in an amount that is at
                    least equivalent to the amount of assistance
                    provided under this section.
      (g) Level of Marketing Assistance.--
              (1) In general.--The Secretary shall justify in
            writing the level of assistance provided to an eligible
            trade organization under the program under this section
            and the level of cost-sharing required of such
            organization.
              (2) Limitation.--Assistance provided under this
            section for activities described in subsection (e)(4)
            shall not exceed 50 percent of the cost of implementing
            the marketing plan, except that the Secretary may
            determine not to apply such limitation in the case of
            agricultural commodities with respect to which there
            has been a favorable decision by the United States
            Trade Representative under section 301 of the Trade Act
            of 1974. Criteria for determining that the limitation
            shall not apply shall be consistent and documented.
              (3) Staged reduction in assistance.--In the case of
            participants that received assistance under section
            1124 of the Food Security Act of 1985 prior to November
            28, 1990,\39\ and with respect to which assistance
            under this section would be limited under paragraph
            (2), any such reduction in assistance shall be phased
            down in equal increments over a 5-year period.
    ---------------------------------------------------------------------------
        \39\ Sec. 309 of Public Law 102-237 (105 Stat. 1856) struck out
    ``the date of enactment of this Act'' and inserted in lieu thereof
    ``November 28, 1990,''.
    ---------------------------------------------------------------------------

    SEC. 204.\40\ BARTER OF AGRICULTURAL COMMODITIES.

      (a) In General.--The Secretary or the Commodity Credit
    Corporation may provide eligible commodities in barter for
    foreign products under such terms and conditions as the
    Secretary or the Corporation shall prescribe.
    ---------------------------------------------------------------------------
        \40\ 7 U.S.C. 5624.
    ---------------------------------------------------------------------------
      (b) Eligible Commodities.--Unless otherwise specified,
    eligible commodities shall include--
              (1) agricultural commodities acquired by the
            Commodity Credit Corporation through price support
            operations; and
              (2) agricultural commodities acquired by the
            Secretary or the Commodity Credit Corporation in the
            normal course of business and available for
            disposition.
      (c) Barter by Exporters of Agricultural Commodities.--
              (1) Purpose.--The Secretary or the Commodity Credit
            Corporation shall encourage exporters of agricultural
            commodities to barter such commodities for foreign
            products--
                      (A) to acquire such foreign products needed
                    by such exporters; and
                      (B) to develop, maintain, or expand foreign
                    markets for United States agricultural exports.
              (2) Eligible activities.--The Secretary or the
            Commodity Credit Corporation may provide eligible
            commodities to exporters to assist such exporters in
            barter transactions.
              (3) Technical assistance.--The Secretary or the
            Commodity Credit Corporation shall provide technical
            advice and assistance relating to the barter of
            agricultural commodities to any United States exporter
            who requests such advice or assistance.
      (d) Transfer of Foreign Products to Other Government
    Agencies.\41\ --The Secretary or the Commodity Credit
    Corporation may transfer any foreign products that the
    Secretary or such Corporation obtains through barter activities
    to other Government \42\ agencies if the Corporation receives
    assurances that it will receive full reimbursement from the
    agency within the same fiscal year in which such transfer
    occurs.
    ---------------------------------------------------------------------------
        \41\ Sec. 320(1) of Public Law 102-237 (105 Stat. 1857) struck out
    ``Agency or Private Parties'' from the heading and inserted in lieu
    thereof ``Agencies''.
        \42\ Sec. 320(2) of Public Law 102-237 (105 Stat. 1857) capitalized
    ``government''.
    ---------------------------------------------------------------------------
      (e) Corporation Authority Not Limited.--Nothing contained in
    this section shall limit the authority of the Commodity Credit
    Corporation to acquire, hold, or dispose of such foreign
    materials as such Corporation determines appropriate in
    carrying out the functions and protecting the assets of the
    Corporation.
      (f) Prohibited Activities.--The Secretary or the Commodity
    Credit Corporation shall take reasonable precautions to prevent
    the misuse of eligible commodities in a barter or exchange
    program, including activities that--
              (1) displace or interfere with commercial sales of
            United States agricultural commodities that otherwise
            might be made;
              (2) unduly disrupt world prices of agricultural
            commodities or the normal patterns of commercial trade
            with recipient countries; or
              (3) permit the resale or transshipment of eligible
            commodities to countries other than the intended
            recipient country.

    SEC. 205.\43\ COMBINATION OF PROGRAMS.

      The Commodity Credit Corporation may carry out a program
    under which commercial export credit guarantees available under
    section 202 are combined with direct credits from the Commodity
    Credit Corporation under section 201 to reduce the effective
    rate of interest on export sales of agricultural commodities.
    ---------------------------------------------------------------------------
        \43\ 7 U.S.C. 5625.
    ---------------------------------------------------------------------------

                           Subtitle B--Implementation

    SEC. 211.\44\ FUNDING LEVELS.

      (a) Direct Credit Programs.--The Commodity Credit Corporation
    may make available for each fiscal year such funds of the
    Commodity Credit Corporation as it determines necessary to
    carry out any direct credit program established under section
    201.
    ---------------------------------------------------------------------------
        \44\ 7 U.S.C. 5641.
    ---------------------------------------------------------------------------
      (b) \45\ Export Credit Guarantee Programs.--
    ---------------------------------------------------------------------------
        \45\ Sec. 243(b) of Public Law 104-127 (110 Stat. 967) struck out
    subsec. (b) and inserted a new subsec. (b). It formerly read as
    follows:
        ``(b) Export Credit Guarantee Programs.--
    ---------------------------------------------------------------------------

      ``(1) Short-term guarantees.--

      ``(A) Minimum amounts.--The Commodity Credit Corporation shall make
    available for each of the fiscal years 1991 through 1995 not less than
    $5,000,000,000 in credit guarantees under section 202(a).

      ``(B) Limitation on origination fee.--Notwithstanding any other provision
    of law, the Secretary may not charge an origination fee with respect to any
    credit guarantee transaction under section 202(a) in excess of an amount
    equal to one percent of the amount of credit extended under the
    transaction.

      ``(2) Intermediate-term credit guarantees.--The Commodity Credit
    Corporation shall make available for each of the fiscal years 1991 through
    1995 not less than $500,000,000 in credit guarantees under section
    202(b).''.

              (1) Export credit guarantees.--The Commodity Credit
            Corporation shall make available for each of fiscal
            years 1996 through 2007 \46\ not less than
            $5,500,000,000 in credit guarantees under subsections
            (a) and (b) of section 202.
    ---------------------------------------------------------------------------
        \46\ Sec. 3102(d) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 289) struck out ``2002'' and
    inserted in lieu thereof ``2007''.
    ---------------------------------------------------------------------------
              (2) Limitation on origination fee.--Notwithstanding
            any other provision of law, the Secretary may not
            charge an origination fee with respect to any credit
            guarantee transaction under section 202(a) in excess of
            an amount equal to 1 percent of the amount of credit to
            be guaranteed under the transaction, except with
            respect to an export credit guarantee transaction
            pursuant to section 1542(b) of the Food, Agriculture,
            Conservation, and Trade Act of 1990 (Public Law 101-
            624; 7 U.S.C. 5622 note).
      (c) \47\, \48\ Market Access Programs.--
    ---------------------------------------------------------------------------
        \47\ Sec. 244(a)(2)(B)(i) of Public Law 104-127 (110 Stat. 968)
    struck out ``Marketing Promotion Programs'' and inserted in lieu
    thereof ``Market Access Programs'' in the subsection heading.
        \48\ Sec. 3103(2) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116  Stat.  289)  restructured  subsec.  (c)
    by  inserting  para.  designation  and  text  ``(1)  In  general--'',
    redesignating former paras. (1) and (2) as subparas. (A) and (B) under
    newly formed para. (1), and adding new para. (2). That section also
    amended and restated subpara. (A) (as redesignated).
    ---------------------------------------------------------------------------
              (1) In general.--The Commodity Credit Corporation or
            the Secretary shall make available for market access
            activities \49\ authorized to be carried out by the
            Commodity Credit Corporation under section 203--
    ---------------------------------------------------------------------------
        \49\ Sec. 244(a)(2)(B)(ii) of Public Law 104-127 (110 Stat. 968)
    struck out ``market promotion activities'' and inserted in lieu thereof
    ``market access activities''.
    ---------------------------------------------------------------------------
                      (A) \50\ in addition to any funds that may be
                    specifically appropriated to implement a market
                    access program, not more than $90,000,000 for
                    fiscal year 2001, $100,000,000 for fiscal year
                    2002, $110,000,000 for fiscal year 2003,
                    $125,000,000 for fiscal year 2004, $140,000,000
                    for fiscal year 2005, and $200,000,000 for each
                    of fiscal years 2006 and 2007, of the funds of,
                    or an equal value of commodities owned by, the
                    Commodity Credit Corporation; and
    ---------------------------------------------------------------------------
        \50\ Amended and restated by sec. 3103(3) of the Farm Security and
    Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 289). Had
    previously read, as redesignated and amended, as follows:
        ``(A) in addition to any funds that may be specifically
    appropriated to implement a market access program, not less than
    $200,000,000 for each of the fiscal years 1991 through 1993, not less
    than $110,000,000 for each of the fiscal years 1994 through 1995, and
    not more than $90,000,000 for each of the fiscal years 1996 through
    2002, of the funds of, or an equal value of commodities owned by, the
    Commodity Credit Corporation; and''.
    ---------------------------------------------------------------------------
                      (B) \48\ any funds that may be specifically
                    appropriated to carry out a market access
                    program \51\ under section 203.
    ---------------------------------------------------------------------------
        \51\ Sec. 244(a)(2)(B)(iii) of Public Law 104-127 (110 Stat. 968)
    struck out ``marketing development program'' and inserted in lieu
    thereof ``market access program''.
    ---------------------------------------------------------------------------
              (2) \52\ Program priorities.--In providing any amount
            of funds made available under paragraph (1)(A) for any
            fiscal year that is in excess of the amount made
            available under paragraph (1)(A) for fiscal year 2001,
            the Secretary shall, to the maximum extent
            practicable--
    ---------------------------------------------------------------------------
        \52\ Sec. 3103(4) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 289) added para. (2).
    ---------------------------------------------------------------------------
                      (A) give equal consideration to--
                              (i) proposals submitted by
                            organizations that were participating
                            organizations in prior fiscal years;
                            and
                              (ii) proposals submitted by eligible
                            trade organizations that have not
                            previously participated in the program
                            established under this title; and
                      (B) give equal consideration to--
                              (i) proposals submitted for
                            activities in emerging markets; and
                              (ii) proposals submitted for
                            activities in markets other than
                            emerging markets.

                   TITLE III--EXPORT ENHANCEMENT PROGRAM \53\
    ---------------------------------------------------------------------------

        \53\ Sec. 411(a)(2) of Public Law 103-465 (108 Stat. 4962) struck
    out ``RESPONSE TO UNFAIR TRADE PRACTICES'' and inserted in lieu thereof
    ``EXPORT ENHANCEMENT PROGRAM''.
    ---------------------------------------------------------------------------

    SEC. 301.\54\ EXPORT ENHANCEMENT PROGRAM.

      (a) \55\ In General.--The Commodity Credit Corporation shall
    carry out an export enhancement program in accordance with this
    section to encourage the commercial sale of United States
    agricultural commodities in world markets at competitive
    prices. The program shall be carried out in a market sensitive
    manner. Activities under the program shall not be limited to
    responses to unfair trade practices.
    ---------------------------------------------------------------------------
        \54\ 7 U.S.C. 5651.
        \55\ Sec. 411(a)(3) of Public Law 103-465 (108 Stat. 4963) amended
    and restated subsec. (a). It formerly read, as amended by sec.
    709(b)(1) of the FREEDOM Support Act, as follows:
        ``(a) In General.--The Commodity Credit Corporation shall carry out
    in accordance with this section a program to discourage unfair trade
    practices by making United States agricultural commodities, including
    processed agricultural products and high-value agricultural products,
    competitive.''.
    ---------------------------------------------------------------------------
      (b) Export Bonus.--
              (1) In general.--In carrying out the program
            established under this section, the Commodity Credit
            Corporation may--
                      (A) make agricultural commodities, acquired
                    by the Commodity Credit Corporation, available
                    to exporters, users, processors, or foreign
                    purchasers at no cost either directly or
                    through the issuance of commodity certificates;
                    and
                      (B) make cash payments to exporters, users,
                    and processors.
              (2) Calculation of bonus levels.--The Commodity
            Credit Corporation shall--
                      (A) maintain an established procedure for
                    evaluating program bonus requests, with
                    guidelines for determining prevailing market
                    prices for targeted commodities and
                    destinations to be used in the calculation of
                    acceptable bonus levels;
                      (B) use a clear set of established procedures
                    for measuring transportation and incidental
                    costs to be used in the calculation of
                    acceptable bonus levels and for determining the
                    amount of such costs actually incurred; and
                      (C) maintain consistent and effective
                    controls and procedures for auditing and
                    reviewing payment of bonuses and for securing
                    refunds where appropriate.
              (3) Disclosure of information.--The Secretary may,
            notwithstanding the provisions of section 552 of title
            5, United States Code, provide for withholding from the
            public the procedures and guidelines established under
            paragraphs (2) (A) and (B) if the Secretary determines
            that release of such information would adversely affect
            the operation of the program. Nothing in this paragraph
            shall be construed to authorize the withholding of
            information, including such procedures and guidelines,
            from the Congress.
              (4) Competitive disadvantage.--The Secretary shall
            take such action as is necessary to ensure that equal
            treatment is provided to domestic and foreign
            purchasers and users of agricultural commodities in any
            case in which the importation of a manufactured product
            made, in whole or in part, from a commodity made
            available for export under this section would place
            domestic users of the commodity at a competitive
            disadvantage.
              (5) Different commodities.--The Commodity Credit
            Corporation may provide to an exporter, user, or
            processor, or foreign purchaser, under the program
            established under this section, agricultural
            commodities of a kind different than the agricultural
            commodity involved in the transaction for which
            assistance under this section is being provided.
              (6) Other export programs.--The Commodity Credit
            Corporation may provide bonuses under this section in
            conjunction with other export promotion programs
            conducted by the Secretary or the Commodity Credit
            Corporation.
              (7) Avoidance of preferential application.--When
            using the authorities of this section to promote the
            exporting of wheat, the Secretary shall make reasonable
            efforts to avoid giving a preference to one class of
            wheat disproportionately more than another class.
              (8) Displacement.--The Secretary shall avoid the
            displacement of usual marketings of United States
            agricultural commodities in carrying out this section.
      (c) Priority in the Case of Livestock.--In the case of
    proposals for bonuses for dairy cattle or other appropriate
    livestock, the Commodity Credit Corporation shall give priority
    to proposals that include, in connection with the purchase of
    the livestock, appropriate herd management training, veterinary
    services, nutritional training, and other technical assistance
    necessary for the adaptation of the livestock to foreign
    environments.
      (d) Inapplicability of Price Restrictions.--Any price
    restrictions that otherwise may be applicable to dispositions
    of agricultural commodities owned by the Commodity Credit
    Corporation shall not apply to agricultural commodities
    provided under this section.
      (e) \56\ Funding Levels.--
    ---------------------------------------------------------------------------
        \56\ Sec. 754 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2003 (division
    A of Public Law 108-7; 117 Stat. 45), provided the following:
        ``Sec. 754. Of the funds made available for the Export Enhancement
    Program, pursuant to section 301(e) of the Agricultural Trade Act of
    1978, as amended by Public Law 104-127, not more than $28,000,000 shall
    be available in fiscal year 2003.''.
    ---------------------------------------------------------------------------
              (1) \57\ In general.--The Commodity Credit
            Corporation shall make available to carry out the
            program established under this section not more than--
    ---------------------------------------------------------------------------
        \57\ Sec. 245(a) of Public Law 104-127 (110 Stat. 968) amended and
    restated para. (1), effective October 1, 1995. It formerly read as
    follows:
        ``In general.--The Commodity Credit Corporation shall make
    available for each of the fiscal years 1991 through 2001 not less than
    $500,000,000 of the funds or commodities of the Commodity Credit
    Corporation to carry out the program established under this section.''.
        The paragraph was previously, amended by sec. 709(b)(2)(A) of
    Public Law 102-511 (106 Stat. 3352) and sec. 411(a)(4) of Public Law
    103-465 (108 Stat. 4963).
    ---------------------------------------------------------------------------
                      (A) $350,000,000 for fiscal year 1996;
                      (B) $250,000,000 for fiscal year 1997;
                      (C) $500,000,000 for fiscal year 1998;
                      (D) $550,000,000 for fiscal year 1999;
                      (E) $579,000,000 for fiscal year 2000;
                      (F) $478,000,000 for fiscal year 2001; and
                      (G) $478,000,000 for each of fiscal years
                    2002 through 2007.\58\
    ---------------------------------------------------------------------------
        \58\ Sec. 3104(a) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 290) struck out ``fiscal year
    2002'' and inserted in lieu thereof ``each of fiscal years 2002 through
    2007''.
    ---------------------------------------------------------------------------
              (2) \59\ Set-asides.--(A) For each fiscal year, the
            Corporation shall, to the extent practicable and
            subject to subparagraph (B), ensure that no less than
            25 percent of the total of--
    ---------------------------------------------------------------------------
        \59\ Sec. 709(b)(2)(B) of the FREEDOM Support Act (Public Law 102-
    511; 106 Stat. 3352) added para. (2).
    ---------------------------------------------------------------------------
                      (i) the funds expended, and
                      (ii) the value of any commodities made
                    available,
            under this section in connection with sales of
            agricultural commodities to the independent states of
            the former Soviet Union is used to promote the export
            of processed and high-value United States agricultural
            products and that the balance of the funds expended and
            commodities made available under this section in
            connection with such sales is used to promote the
            export of bulk or raw United States agricultural
            commodities.
              (B) The 25 percent requirement of subparagraph (A)
            shall apply for a fiscal year only to the extent that
            the percentage of the total of--
                      (i) the funds expended, and
                      (ii) the value of commodities made available,
            for that fiscal year under this section to promote the
            export to all countries of processed and high-value
            United States agricultural products is less than 15
            percent.
      (f) \60\ Effect on Third Countries.--It is not the purpose of
    the program established under this section to affect adversely
    the exports of fairly traded agricultural commodities.
    ---------------------------------------------------------------------------
        \60\ This subsection was originally enacted as subsec. (g). Sec.
    311 of Public Law 102-237 (105 Stat. 1856) redesignated this as subsec.
    (f).
    ---------------------------------------------------------------------------
        (g) \61\ Consistency With International Obligations.--
    Notwithstanding any other provisions of this section, the
    Commodity Credit Corporation shall administer and carry out the
    program authorized by this section in a manner consistent, as
    determined by the President, with the obligations undertaken by
    the United States set forth in the Uruguay Round Agreements.
    ---------------------------------------------------------------------------
        \61\ Sec. 411(a)(4)(B) of Public Law 103-465 (108 Stat. 4963) added
    subsec. (g).
    ---------------------------------------------------------------------------
        (h) \62\ Priority Funding for Intermediate Products.--
    ---------------------------------------------------------------------------
        \62\ Sec. 245(b) of Public Law 104-127 (110 Stat. 969) added
    subsec. (h).
    ---------------------------------------------------------------------------
              (1) In General.--Effective beginning in fiscal year
            1996, and consistent, as determined by the Secretary,
            with the obligations and reduction commitments
            undertaken by the United States under the Uruguay Round
            Agreements, the Secretary may make available not more
            than $100,000,000 for each fiscal year under this
            section for the sale of intermediate agricultural
            products in sufficient quantities to attain the volume
            of export sales consistent with the volume of
            intermediate agricultural products exported by the
            United States during the Uruguay Round base period
            years of 1986 through 1990.
              (2) Additional Assistance.--Notwithstanding paragraph
            (1), if the export sale of any intermediate
            agricultural product attains the volume of export sales
            consistent with the volume of the intermediate
            agricultural product exported by the United States
            during the Uruguay Round base period years of 1986
            through 1990, the Secretary may make available
            additional amounts under this section for the
            encouragement of export sales of the intermediate
            agricultural product.

    SEC. 302.\63\ RELIEF FROM UNFAIR TRADE PRACTICES.

      (a) Use of Programs.--
    ---------------------------------------------------------------------------
        \63\ 7 U.S.C. 5652.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary may, for each article
            described in paragraph (2), make available some or all
            of the commercial export promotion programs of the
            Department of Agriculture and the Commodity Credit
            Corporation to help mitigate or offset the effects of
            the unfair trade practice serving as the basis for the
            proceeding described in paragraph (2).
              (2) Commodities specified.--Paragraph (1) shall apply
            in the case of articles for which the United States has
            instituted, under any international trade agreement,
            any dispute settlement proceeding based on an unfair
            trade practice if such proceeding has been prevented
            from progressing to a decision by the refusal of the
            party maintaining the unfair trade practice to permit
            the proceeding to progress.
      (b) Consultations Required.--For any article described in
    subsection (a)(2), the Secretary shall--
              (1) promptly consult with representatives of the
            industry producing such articles and other allied
            groups or individuals regarding specific actions or the
            development of an integrated marketing strategy
            utilizing some or all of the commercial export programs
            of the Department of Agriculture and the Commodity
            Credit Corporation to help mitigate or offset the
            effects of the unfair trade practice identified in
            subsection (a)(2); and
              (2) ascertain and take into account the industry
            preference for the practical use of available
            commercial export promotion programs in implementing
            subsection (a)(1).

    SEC. 303.\64\ EQUITABLE TREATMENT OF HIGH-VALUE AND VALUE-ADDED UNITED
                        STATES AGRICULTURAL COMMODITIES.

      In the case of any program, such as that established under
    section 301, operated by the Secretary or the Commodity Credit
    Corporation during the fiscal years 1991 through 1995, for the
    purpose of discouraging unfair trade practices, the Secretary
    shall establish as an objective to expend annually at least 25
    percent of the total funds available (or 25 percent of the
    value of any commodities employed) for program activities
    involving the export sales of high-value agricultural
    commodities and value-added products of United States
    agricultural commodities.
    ---------------------------------------------------------------------------
        \64\ 7 U.S.C. 5653.
    ---------------------------------------------------------------------------

                          TITLE IV--GENERAL PROVISIONS

                          Subtitle A--Program Controls

    SEC. 401.\65\ PROGRAM CONTROLS FOR EXPORT PROGRAMS.

      (a) \66\ Arrival Certification.--With respect to a commodity
    provided, or for which financing or a credit guarantee or other
    assistance is made available, under a program authorized in
    section 201, 202, or 301, the Commodity Credit Corporation
    shall require the exporter of the commodity to maintain records
    of an official or customary commercial nature or other
    documents as the Secretary may require, and shall allow
    representatives of the Commodity Credit Corporation access to
    the records or documents as needed, to verify the arrival of
    the commodity in the country that is the intended destination
    of the commodity.
    ---------------------------------------------------------------------------
        \65\ 7 U.S.C. 5661.
        \66\ Sec. 246 of Public Law 104-127 (110 Stat. 969) amended and
    restated subsec. (a). It formerly read as follows:
        ``(a) Arrival Certification.--With respect to commodities or other
    assistance provided, or for which financing or credit guarantees are
    made available, under the programs authorized in sections 201, 202, and
    301, the Commodity Credit Corporation shall--
    ---------------------------------------------------------------------------

      ``(1) require the exporter to maintain records of an official or
    customary commercial nature or other documents as the Secretary may
    require, and have access to such documents or records as needed to verify
    the arrival of agricultural commodities exported in connection with such
    programs in the countries that were the intended destination of such
    commodities; and

      ``(2) obtain certification from the seller or exporter of record of such
    commodities, that there were no corrupt payments or extra sales services,
    or other items extraneous to the transaction provided, financed, or
    guaranteed in connection with the transaction, and that the transaction
    complied with applicable United States law.''.

      (b) Diversion.--The unauthorized diversion of commodities
    under the programs authorized in sections 201, 202, and 301 is
    prohibited. The Commodity Credit Corporation shall establish
    procedures providing for the annual audit of a sufficient
    number of export transactions under such programs to ensure
    that the agricultural commodities that were the subject of such
    transactions arrived in the country of destination as provided
    in the sales agreement.
      (c) Good Faith.--The failure of an exporter, seller or other
    person to comply with the provisions of this section shall not
    affect the validity of any credit guarantee or other obligation
    of the Commodity Credit Corporation under the programs under
    this Act with respect to any exporter, seller, or person who
    had no knowledge of such failure to comply at the time such
    exporter, seller, or person was assigned the credit guarantee
    or at the time the Corporation entered into such obligation.

    SEC. 402.\67\ COMPLIANCE PROVISIONS.

      (a) Records.--
    ---------------------------------------------------------------------------
        \67\ 7 U.S.C. 5662.
    ---------------------------------------------------------------------------
              (1) In general.--In the administration of the
            programs established under sections 201, 202, 203, and
            301 the Secretary shall require by regulation each
            exporter or other participant under the program to
            maintain all records concerning a program transaction
            for a period of not to exceed 5 years after completion
            of the program transaction, and to permit the Secretary
            to have full and complete access, for such 5-year
            period, to such records.
              (2) \68\ Confidentiality.--The personally
            identifiable information contained in reports under
            subsection (a) may be withheld in accordance with
            section 552(b)(4) of title 5, United States Code. Any
            officer or employee of the Department of Agriculture
            who knowingly discloses confidential information as
            defined by section 1905 of title 18, United States
            Code, shall be subject to section 1905 of title 18,
            United States Code. Nothing in this subsection shall be
            construed to authorize the withholding of information
            from Congress.
    ---------------------------------------------------------------------------
        \68\ Sec. 247 of Public Law 104-127 (110 Stat. 969) struck out
    para. (2) and redesignated para. (3) as para. (2). Former para. (2)
    read as follows:
        ``(2) Nonprogram transactions.--The Secretary may require by
    regulation an exporter or other participant in the programs to make
    records available to the Secretary with respect to non-program
    transactions if such records would pertain directly to the review of
    program-related transactions undertaken by such exporter or
    participant, as determined by the Secretary.''.
    ---------------------------------------------------------------------------
      (b) Violation.--If any exporter, assignee, or other
    participant has engaged in fraud with respect to the programs
    authorized under this Act, or has otherwise violated program
    requirements under this Act, the Commodity Credit Corporation
    may--
              (1) hold such exporter, assignee, or participant
            liable for any and all losses to the Corporation
            resulting from such fraud or violation;
              (2) require a refund of any assistance provided to
            such exporter, assignee, or participant plus interest,
            as determined by the Secretary; and
              (3) collect liquidated damages from such exporter,
            assignee, or participant in an amount determined
            appropriate by the Secretary.
    The provisions of this subsection shall be without prejudice to
    any other remedy that is available under any other provision of
    law.
      (c) Suspension and Debarment.--The Commodity Credit
    Corporation may suspend or debar for 1 or more years any
    exporter, assignee, or other participant from participation in
    one or more of the programs authorized by this Act if the
    Corporation determines, after opportunity for a hearing, that
    such exporter, assignee, or other participant has violated the
    terms and conditions of the program or of this Act and that the
    violation is of such a nature as to warrant suspension or
    debarment.
      (d) False Certifications.--The provisions of section 1001 of
    title 18, United States Code, shall apply to any false
    certifications issued under this Act.

    SEC. 403.\69\ DEPARTMENTAL ADMINISTRATION SYSTEM.

      (a) In General.--With respect to each commercial export
    promotion program of the Department of Agriculture or the
    Commodity Credit Corporation, the Secretary shall--
    ---------------------------------------------------------------------------
        \69\ 7 U.S.C. 5663.
    ---------------------------------------------------------------------------
              (1) specify by regulation the criteria used to
            evaluate and approve proposals for that program;
              (2) establish a centralized system to permit the
            Foreign Agricultural Service to provide the history and
            current status of any proposal;
              (3) provide for regular audits of program
            transactions to determine compliance with program
            objectives and requirements; and
              (4) establish criteria to evaluate loans eligible for
            guarantees by the Commodity Credit Corporation, so as
            to ensure that the Corporation does not assume undue
            risk in providing such guarantees.
      (b) Accessibility of Information.--Information pertaining to
    the status of a particular proposal shall be retrievable within
    the central system by appropriate categories, as determined
    appropriate by the Secretary.

    SEC. 404.\70\ REGULATIONS. * * * [REPEALED--1996]
    ---------------------------------------------------------------------------

        \70\ Formerly at 7 U.S.C. 5664. Sec. 248 of Public Law 104-127 (110
    Stat. 969) repealed sec. 404. It had read as follows:
        ``Not later than 180 days after November 28, 1990, the Secretary
    shall issue regulations implementing the provisions of this Act,
    including specific regulations pertaining to program compliance
    requirements under sections 401 and 402.''.
    ---------------------------------------------------------------------------

                      Subtitle B--Miscellaneous Provisions

    SEC. 411.\71\ AGRICULTURAL EMBARGO PROTECTION.

      (a) Prerequisites; Scope of Compensation.--Notwithstanding
    any other provision of law, if--
    ---------------------------------------------------------------------------
        \71\ 7 U.S.C. 5671.
    ---------------------------------------------------------------------------
              (1) the President or other member of the executive
            branch of the Federal Government causes the export of
            any agricultural commodity to any country or area of
            the world to be suspended or restricted for reasons of
            national security or foreign policy under the Export
            Administration Act of 1979 (50 U.S.C. App. 2401 et
            seq.) or under any other provision of law;
              (2) such suspension or restriction of the export of
            such agricultural commodity is imposed other than in
            connection with a suspension or restriction of all
            exports from the United States to such country or area
            of the world; and
              (3) sales of such agricultural commodity for export
            from the United States to such country or area of the
            world during the year preceding the year in which the
            suspension or restriction is imposed exceeds 3 percent
            of the total sales of such commodity for export from
            the United States to all foreign countries during the
            year preceding the year in which the suspension or
            restriction is in effect;
    the Secretary shall compensate producers of the commodity
    involved by making payments available to such producers, as
    provided in subsection (b) of this section.
      (b) Amount of Payments.--If the Secretary makes payments
    available to producers under subsection (a), the amount of such
    payment shall be determined--
              (1) in the case of an agricultural commodity for
            which payments are authorized to be made to producers
            under Title I of the Agricultural Act of 1949 (7 U.S.C.
            1441 et seq.), by multiplying--
                      (A) the farm program payment yield for the
                    producer or the yield established for the farm
                    for the commodity involved; by
                      (B) the crop acreage base established for the
                    commodity; by
                      (C) the amount by which the average market
                    price per unit of such commodity received by
                    producers during the 60-day period immediately
                    following the date of the imposition of the
                    suspension or restriction is less than 100
                    percent of the parity price for such commodity,
                    as determined by the Secretary on the date of
                    the imposition of the suspension or
                    restriction; or
              (2) in the case of other agricultural commodities for
            which price support is authorized for producers under
            the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),
            by multiplying the amount by which the average market
            price per unit of such commodity received by the
            producers during the 60-day period immediately
            following the date of the imposition of the suspension
            or restriction is less than 100 percent of the parity
            price for such commodity, as determined by the
            Secretary on the date of the imposition of the
            suspension or restriction, by the quantity of such
            commodity sold by the producer during the period that
            the suspension or restriction is in effect.
      (c) Time for Payments.--Payments under paragraph (1) of
    subsection (b) shall be made for each marketing year or part
    thereof during which the suspension or restriction is in effect
    and shall be made in equal amounts at 90-day intervals,
    beginning 90 days after the date of the imposition of the
    suspension or restriction.
      (d) Commodity Credit Corporation.--The Secretary shall use
    the Commodity Credit Corporation in carrying out the provisions
    of this section.
      (e) Regulations.--The Secretary may issue such regulations as
    are determined necessary to carry out this section.

    SEC. 412.\72\ DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF
                        EMBARGOES.

      To alleviate, to the maximum extent possible, the adverse
    impact on farmers, elevator operators, common carriers, and
    exporters of agricultural commodities of the President or other
    member of the executive branch of the Federal Government
    causing the export of any agricultural commodity to any country
    or area of the world to be suspended or restricted, the
    Secretary of Agriculture shall--
    ---------------------------------------------------------------------------
        \72\ 7 U.S.C. 5672.
    ---------------------------------------------------------------------------
              (1) develop a comprehensive contingency plan that
            shall include--
                      (A) an assessment of existing farm programs
                    with a view to determining whether such
                    programs are sufficiently flexible to enable
                    the Secretary to efficiently and effectively
                    offset the adverse impact of such a suspension
                    or restriction on farmers, elevator operators,
                    common carriers, and exporters of commodities
                    provided for under such programs;
                      (B) an evaluation of the kinds and
                    availability of information needed to
                    determine, on an emergency basis, the extent
                    and severity of the impact of such a suspension
                    or restriction on producers, elevator
                    operators, common carriers, and exporters; and
                      (C) the development of criteria for
                    determining the extent, if any, to which the
                    impact of such a suspension or restriction
                    should be offset in the case of each of the
                    sectors referred to in paragraph (1)(B);
              (2) for any suspension or restriction for which
            compensation is not provided under section 411, prepare
            and submit to the appropriate Committees of Congress
            such recommendations for changes in existing
            agricultural programs, or for new programs, as the
            Secretary considers necessary to handle effectively,
            efficiently, economically, and fairly the impact of any
            such suspension or restriction;
              (3) for any suspension or restriction for which
            compensation is provided under section 411, prepare and
            submit to the appropriate Committees of Congress a plan
            for implementing and administering section 411; and
              (4) require the Commodity Credit Corporation, prior
            to such Corporation purchasing any contracts for the
            purpose of offsetting the impact of a commodity
            suspension or restriction, to--
                      (A) prepare an economic justification for
                    each commodity involved in the suspension or
                    restriction to determine if such a purchase is
                    necessary;
                      (B) estimate any suspension- or restriction-
                    related benefits and detrimental effects to the
                    exporters, and use both estimates in
                    determining the extent, if any, Federal
                    assistance is needed; and
                      (C) limit its purchases to only those types
                    and grades of commodities suspended or
                    restricted from shipment and make such
                    purchases at prices at or near the current
                    market prices.

    SEC. 413.\73\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT
                        MARKETS.

      (a) In General.--The Secretary may contract with individuals
    for services to be performed outside the United States as the
    Secretary determines necessary or appropriate for carrying out
    programs and activities to maintain, develop, or enhance export
    markets for United States agricultural commodities and
    products.
    ---------------------------------------------------------------------------
        \73\ 7 U.S.C. 5673.
    ---------------------------------------------------------------------------
      (b) Not Employees of the United States.--Individuals referred
    to in subsection (a) shall not be regarded as officers or
    employees of the United States.

    SEC. 414.\74\ TRADE CONSULTATIONS CONCERNING IMPORTS.

      (a) Consultation Between Agencies.--The Secretary shall
    require consultation between the Administrator of the Service
    and the heads of other appropriate agencies and offices of the
    Department of Agriculture, including the Administrator of the
    Animal and Plant Health Inspection Service, prior to relaxing
    or removing any restriction on the importation of any
    agricultural commodity into the United States.
    ---------------------------------------------------------------------------
        \74\ 7 U.S.C. 5674.
    ---------------------------------------------------------------------------
      (b) Consultation With Trade Representative.--The Secretary
    shall consult with the United States Trade Representative prior
    to relaxing or removing any restriction on the importation of
    any agricultural commodity or a product thereof into the United
    States.
        (c) \75\ Monitoring Compliance With Sanitary and
    Phytosanitary Measures.--The Secretary shall monitor the
    compliance of World Trade Organization member countries with
    the sanitary and phytosanitary measures of the Agreement on
    Agriculture of the Uruguay Round of Multilateral Trade
    Negotiations of the General Agreement on Tariffs and Trade. If
    the Secretary has reason to believe that any country may have
    failed to meet the commitment on sanitary and phytosanitary
    measures under the Agreement in a manner that adversely impacts
    the exports of a United States agricultural commodity, the
    Secretary shall--
    ---------------------------------------------------------------------------
        \75\ Sec. 242(b) of Public Law 104-127 (110 Stat. 965) added
    subsec. (c).
    ---------------------------------------------------------------------------
              (1) provide such information to the United States
            Trade Representative of the circumstances surrounding
            the matter arising under this subsection; and
              (2) with respect to any such circumstances that the
            Secretary considers to have a continuing adverse effect
            on United States agricultural exports, report to the
            Committee on Agriculture, and the Committee on Ways and
            Means, of the House of Representatives and the
            Committee on Agriculture, Nutrition, and Forestry, and
            the Committee on Finance, of the Senate--
                      (A) that a country may have failed to meet
                    the sanitary and phytosanitary commitments; and
                      (B) any notice given by the Secretary to the
                    United States Trade Representative.

    SEC. 415.\76\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS.

      The Secretary shall provide technical services to the United
    States Trade Representative on matters pertaining to
    agricultural trade and with respect to international
    negotiations on issues related to agricultural trade.
    ---------------------------------------------------------------------------
        \76\ 7 U.S.C. 5675.
    ---------------------------------------------------------------------------

    SEC. 416.\77\ LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS.

      (a) In General.--The Secretary may provide that a person
    shall be ineligible for participation in an export program
    established under title I of the Agricultural Trade Development
    and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in any
    other export credit, credit guarantee, bonus, or other export
    program carried out through, or administered by, the Commodity
    Credit Corporation or carried out with funds made available
    pursuant to section 32 of the Act entitled ``An Act to amend
    the Agricultural Adjustment Act, and for other purposes'',
    approved August 24, 1935 (7 U.S.C. 612c) with respect to the
    export of any agricultural commodity or product that has been
    or will be used as the basis for a claim of a refund, as
    drawback, pursuant to section 313(j)(2) of the Tariff Act of
    1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed
    under Federal law on an imported commodity or product.
    ---------------------------------------------------------------------------
        \77\ 7 U.S.C. 5676.
    ---------------------------------------------------------------------------
      (b) Vegetable Oil.--A person shall be ineligible for
    participation in any of the export programs referred to in
    subsection (a) with respect to the export of vegetable oil or a
    vegetable oil product that has been or will be used as the
    basis for a claim of a refund, as a drawback, pursuant to
    section 313 of the Tariff Act of 1930, of any duty, tax, or fee
    imposed under Federal law on an imported commodity or product.
      (c) Certification.--If the Secretary takes action under the
    authority granted under subsection (a), a person applying to
    export any agricultural commodity under the export programs
    referred to in subsection (a) shall certify that none of the
    commodity has been or will be used as the basis of a claim for
    any refund specified in subsection (a), except that regardless
    of whether the Secretary takes action under the authority
    granted under subsection (a), a person applying to export any
    vegetable oil or vegetable oil product under such programs
    shall certify that none of the vegetable oil or vegetable oil
    product has been or will be used as the basis of a claim for
    any refund specified in subsection (b).
      (d) Regulations.--The Secretary shall promulgate regulations
    to carry out this section.
      (e) Applicability.--This section shall not apply to
    quantities of agricultural commodities and products with
    respect to which an exporter has entered into a contract, prior
    to November 28, 1990,\78\ for an export sale.
    ---------------------------------------------------------------------------
        \78\ Sec. 313 of Public Law 102-237 (105 Stat. 1856) struck out
    ``the effective date of this section'' and inserted in lieu thereof
    ``November 28, 1990''.
    ---------------------------------------------------------------------------

    SEC. 417.\79\ TRADE COMPENSATION AND ASSISTANCE PROGRAMS.

        (a) In General.--Except as provided in subsection (f),
    notwithstanding any other provision of law, if, after the date
    of enactment of this section, the President or any other member
    of the executive branch causes exports from the United States
    to any country to be unilaterally suspended for reasons of
    national security or foreign policy, and if within 90 days
    after the date on which the suspension is imposed on United
    States exports no other country with an agricultural economic
    interest agrees to participate in the suspension, the Secretary
    shall carry out a trade compensation assistance program in
    accordance with this section (referred to in this section as a
    ``program'').
    ---------------------------------------------------------------------------
        \79\ 7 U.S.C. 5677. Added by sec. 249 of Public Law 104-127 (110
    Stat. 969).
    ---------------------------------------------------------------------------
        (b) Compensation or Provision of Funds.--Under a program,
    the Secretary shall, based on an evaluation by the Secretary of
    the method most likely to produce the greatest compensatory
    benefit for producers of the commodity involved in the
    suspension--
              (1) compensate producers of the commodity by making
            payments available to producers, as provided by
            subsection (c)(1); or
              (2) make available an amount of funds calculated
            under subsection (c)(2), to promote agricultural
            exports or provide agricultural commodities to
            developing countries under any authorities available to
            the Secretary.
        (c) Determination of Amount of Compensation or Funds.--
              (1) Compensation.--If the Secretary makes payments
            available to producers under subsection (b)(1), the
            amount of the payment shall be determined by the
            Secretary based on the Secretary's estimate of the loss
            suffered by producers of the commodity involved due to
            any decrease in the price of the commodity as a result
            of the suspension.
              (2) Determination of amount of funds.--For each
            fiscal year of a program, the amount of funds made
            available under subsection (b)(2) shall be equal to 90
            percent of the average annual value of United States
            agricultural exports to the country with respect to
            which exports are suspended during the most recent 3
            years prior to the suspension for which data are
            available.
        (d) Duration of Program.--For each suspension of exports
    for which a program is implemented under this section, funds
    shall be made available under subsection (b) for each fiscal
    year or part of a fiscal year for which the suspension is in
    effect, but not to exceed 3 fiscal years.
        (e) Commodity Credit Corporation.--The Secretary shall use
    funds of the Commodity Credit Corporation to carry out this
    section.
        (f) Exception to Carrying Out a Program.--This section
    shall not apply to any suspension of trade due to a war or
    armed hostility.
        (g) Partial Year Embargoes.--If the Secretary makes funds
    available under subsection (b)(2), regardless of whether an
    embargo is in effect for only part of a fiscal year, the full
    amount of funds as calculated under subsection (c)(2) shall be
    made available under a program for the fiscal year. If the
    Secretary determines that making the required amount of funds
    available in a partial fiscal year is impracticable, the
    Secretary may make all or part of the funds required to be made
    available in the following fiscal year (in addition to any
    funds otherwise required under a program to be made available
    in the following fiscal year).
        (h) Short Supply Embargoes.--If the President or any other
    member of the executive branch causes exports to be suspended
    based on a determination of short supply, the Secretary shall
    carry out section 1002 of the Food and Agriculture Act of 1977
    (7 U.S.C. 1310).

                     TITLE V--FOREIGN AGRICULTURAL SERVICE

    SEC. 501.\80\ UNDER SECRETARY FOR INTERNATIONAL AFFAIRS AND COMMODITY
                        PROGRAMS. * * * [REPEALED--1994]

    SEC. 502.\81\ ADMINISTRATOR OF THE FOREIGN AGRICULTURAL SERVICE.

      (a) Establishment.--There is hereby established in the
    Department of Agriculture the position of Administrator of the
    Foreign Agricultural Service.
    ---------------------------------------------------------------------------
        \80\ Formerly at 7 U.S.C. 5691. Sec. 225 of the Department of
    Agriculture Reorganization Act of 1994 (title II of Public Law 103-354;
    108 Stat. 3213) authorized the Secretary of Agriculture to establish a
    position of Under Secretary of Agriculture for Farm and Foreign
    Agricultural Services, and repealed this section. See 7 U.S.C. 6931.
        \81\ 7 U.S.C. 5692.
    ---------------------------------------------------------------------------
      (b) Duties.--The Administrator of the Foreign Agricultural
    Service is authorized to exercise such functions and perform
    such duties related to foreign agriculture, and shall perform
    such other duties, as may be required by law or prescribed by
    the Secretary of Agriculture.
      (c) Use of Service.--In carrying out the duties under this
    section, the Administrator shall oversee the operations of the
    Foreign Agricultural Service, the General Sales Manager, and
    the Agricultural Attache Service.

    SEC. 503.\82\ DUTIES OF THE FOREIGN AGRICULTURAL SERVICE.

        The Service shall assist the Secretary in carrying out the
    agricultural trade policy and international cooperation policy
    of the United States by--
    ---------------------------------------------------------------------------
        \82\ 7 U.S.C. 5693. Sec. 250 of Public Law 104-127 (110 Stat. 971)
    amended and restated sec. 503. It formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 503. establishment of the foreign agricultural service.
    ---------------------------------------------------------------------------

        ``The Service shall assist the Secretary in carrying out the
    agricultural trade policy of the United States by acquiring information
    pertaining to agricultural trade, carrying out market promotion and
    development activities, and implementing the programs authorized in
    this Act, the Agricultural Trade Development and Assistance Act of
    1954, and other Acts.''.
    ---------------------------------------------------------------------------
              (1) acquiring information pertaining to agricultural
            trade;
              (2) carrying out market promotion and development
            activities;
              (3) providing agricultural technical assistance and
            training; and
              (4) carrying out the programs authorized under this
            Act, the Agricultural Trade Development and Assistance
            Act of 1954 (7 U.S.C. 1691 et seq.), and other Acts.

    SEC. 504.\83\ STAFF OF THE FOREIGN AGRICULTURAL SERVICE.

      (a) Personnel of the Service.--To ensure that the
    agricultural export programs of the United States are carried
    out in an effective manner, the authorized number of personnel
    for the Service shall not be less than 900 staff years each
    fiscal year.
    ---------------------------------------------------------------------------
        \83\ 7 U.S.C. 5694.
    ---------------------------------------------------------------------------
      (b) Rank of Foreign Agricultural Service Officers in Foreign
    Missions.--Notwithstanding any other provision of law, the
    Secretary of State shall, on the request of the Secretary of
    Agriculture, accord the diplomatic title of Minister-Counselor
    to the senior Service officer assigned to any United States
    mission abroad. The number of Service officers holding such
    diplomatic title at any time may not exceed twelve.

    SEC. 505.\84\ AUTHORIZATION OF APPROPRIATIONS.

      There are hereby authorized to be appropriated for the
    Service such sums as may be necessary to carry out the
    provisions of this title.
    ---------------------------------------------------------------------------
        \84\ 7 U.S.C. 5695. Originally enacted as sec. 506, sec. 314 of
    Public Law 102-237 (105 Stat. 1856) redesignated this section as 505.
    ---------------------------------------------------------------------------

                               TITLE VI--REPORTS

    SEC. 601.\85\ * * * [REPEALED--1996]

    SEC. 602.\86\ EXPORT REPORTING AND CONTRACT SANCTITY.

      (a) Export Sales Reports.--
    ---------------------------------------------------------------------------
        \85\ Formerly at 7 U.S.C. 5711. Sec. 601, which had required the
    Secretary of Agriculture periodically to prepare a long-term
    agricultural trade strategy report, was repealed by sec. 2451(c)(1) of
    Public Law 104-127 (110 Stat. 964).
        \86\ 7 U.S.C. 5712.
    ---------------------------------------------------------------------------
              (1) In general.--All exporters of wheat and wheat
            flour, feed grains, oil seeds, cotton, beef,\87\ and
            products thereof, and other commodities that the
            Secretary may designate produced \88\ in the United
            States shall report to the Secretary of Agriculture, on
            a weekly basis, the following information regarding any
            contract for export sales entered into or subsequently
            modified in any manner during the reporting period:
    ---------------------------------------------------------------------------
        \87\ Sec. 921 of Public Law 106-78 (113 Stat. 1206) inserted ``,
    beef,'' after ``cotton''.
        \88\ Sec. 327 of Public Law 102-237 (105 Stat. 1858) struck out
    ``designate as produced'' and inserted in lieu thereof ``designate
    produced''.
    ---------------------------------------------------------------------------
                      (A) type, class, and quantity of the
                    commodity sought to be exported;
                      (B) the marketing year of shipment; and
                      (C) destination, if known.
              (2) Confidentiality and compilation of reports.--
            Individual reports shall remain confidential \89\ but
            shall be compiled by the Secretary and published in
            compilation form each week following the week of
            reporting.
    ---------------------------------------------------------------------------
        \89\ Sec. 327(2) of Public Law 102-237 (105 Stat. 1858) struck out
    ``in accordance with subsection (c)'' following ``confidential''.
    ---------------------------------------------------------------------------
              (3) Immediate reporting.--All exporters of
            agricultural commodities produced in the United States
            shall, upon request of the Secretary, immediately
            report to the Secretary any information with respect to
            export sales of agricultural commodities and at such
            times as the Secretary may request. When the Secretary
            requires that such information be reported by exporters
            on a daily basis, the information compiled from
            individual reports shall be made available to the
            public daily.
              (4) Monthly reporting permitted.--The Secretary may,
            with respect to any commodity or type or class thereof
            during any period in which the Secretary determines
            that--
                      (A) there is a domestic supply of such
                    commodity substantially in excess of the
                    quantity needed to meet domestic requirements,
                      (B) total supplies of such commodity in the
                    exporting countries are estimated to be in
                    surplus,
                      (C) anticipated exports will not result in
                    excessive drain on domestic supplies, and
                      (D) to require the reports to be made will
                    unduly hamper export sales,
            provide for such reports by exporters and publishing of
            such data to be on a monthly basis rather than on a
            weekly basis.
      (b) Failure to Report.--Any person who knowingly fails to
    make any report required under this section shall be fined not
    more than $25,000 or imprisoned for not more than 1 year, or
    both.
      (c) Contract Sanctity.--Notwithstanding any other provision
    of law, the President shall not prohibit or curtail the export
    of any agricultural commodity under an export sales contract--
              (1) that is entered into before the President
            announces an action that would otherwise prohibit or
            curtail the export of the commodity, and
              (2) the terms of which require delivery of the
            commodity within 270 days after the date of the
            suspension of trade is imposed,
    except that the President may prohibit or curtail the export of
    any agricultural commodity during a period for which the
    President has declared a national emergency or for which the
    Congress has declared war.

    SEC. 603.\90\ OTHER REPORTS TO CONGRESS.

      Subject to section 217 of the Department of Agriculture
    Reorganization Act of 1994 (7 U.S.C. 6917), the \91\ Secretary
    shall, on a quarterly basis, prepare and submit to the
    Committee on Agriculture and the Committee on Foreign Affairs
    \92\ of the House of Representatives and the Committee on
    Agriculture, Nutrition, and Forestry of the Senate a report
    specifying the cumulative amount of export assistance provided
    by the Commodity Credit Corporation and the Secretary under the
    programs provided under this Act, the Commodity Credit
    Corporation Charter Act, and under the Agricultural Trade
    Development and Assistance Act of 1954 during the current
    fiscal year. Such information may be provided in individual
    reports, or in a consolidated report.\93\
    ---------------------------------------------------------------------------
        \90\ 7 U.S.C. 5713.
        \91\ Sec. 251 of Public Law 104-127 (110 Stat. 971) struck out
    ``The'' and inserted in lieu thereof ``Subject to section 217 of the
    Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6917),
    the''.
        \92\ 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.
        \93\ Sec. 241(c)(2) of Public Law 104-127 (110 Stat. 964) struck
    out ``in a consolidated report, or in the Long-Term Agricultural Trade
    Strategy Report (and annual updates to such report) prepared under
    section 601'', and inserted in lieu thereof ``, or in a consolidated
    report''.
    ---------------------------------------------------------------------------

         TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM \94\

    SEC. 701.\95\ DEFINITION OF ELIGIBLE TRADE ORGANIZATION.

        In this title, the term ``eligible trade organization''
    means a United States trade organization that--
    ---------------------------------------------------------------------------
        \94\ Sec. 252 of Public Law 104-127 (110 Stat. 971) added title
    VII, secs. 701-703.
        \95\ 7 U.S.C. 5721.
    ---------------------------------------------------------------------------
              (1) promotes the export of 1 or more United States
            agricultural commodities or products; and
              (2) does not have a business interest in or receive
            remuneration from specific sales of agricultural
            commodities or products.

    SEC. 702.\96\ FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.

        (a) In General.--The Secretary shall establish and, in
    cooperation with eligible trade organizations, carry out a
    foreign market development cooperator program to maintain and
    develop foreign markets for United States agricultural
    commodities and products, with a continued significant emphasis
    on the importance of the export of value-added United States
    agricultural products into emerging markets.\97\
    ---------------------------------------------------------------------------
        \96\ 7 U.S.C. 5722.
        \97\ Sec. 3105(a)(1) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 290) added ``, with a continued
    significant emphasis on the importance of the export of value-added
    United States agricultural products into emerging markets''.
    ---------------------------------------------------------------------------
        (b) Administration.--Funds made available to carry out this
    title shall be used only to provide--
              (1) cost-share assistance to an eligible trade
            organization under a contract or agreement with the
            organization; and
              (2) assistance for other costs that are necessary or
            appropriate to carry out the foreign market development
            cooperator program, including contingent liabilities
            that are not otherwise funded.
        (c) \98\ Report to Congress.--The Secretary shall annually
    submit to the Committee on Agriculture and the Committee on
    International Relations of the House of Representatives and the
    Committee on Agriculture, Nutrition, and Forestry of the Senate
    a report on activities under this section describing the amount
    of funding provided, the types of programs funded, the value-
    added products that have been targeted, and the foreign markets
    for those products that have been developed.
    ---------------------------------------------------------------------------
        \98\ Sec. 3105(a)(2) of the Farm Security and Rural Investment Act
    of 2002 (Public Law 107-171; 116 Stat. 290) added subsec. (c).
    ---------------------------------------------------------------------------

    SEC. 703.\99\ FUNDING.

        (a) In General.--To carry out this title, the Secretary
    shall use funds of the Commodity Credit Corporation, or
    commodities of the Commodity Credit Corporation of a comparable
    value, in the amount of $34,500,000 for each of fiscal years
    2002 through 2007.
    ---------------------------------------------------------------------------
        \99\ 7 U.S.C. 5723. Amended and restated by sec. 3105(b) of the
    Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 116
    Stat. 291).
    ---------------------------------------------------------------------------
        (b) Program Priorities.--In providing any amount of funds
    or commodities made available under subsection (a) for any
    fiscal year that is in excess of the amount made available
    under this section for fiscal year 2001, the Secretary shall,
    to the maximum extent practicable--
              (1) give equal consideration to--
                      (A) proposals submitted by organizations that
                    were participating organizations in prior
                    fiscal years; and
                      (B) proposals submitted by eligible trade
                    organizations that have not previously
                    participated in the program established under
                    this title; and
              (2) give equal consideration to--
                      (A) proposals submitted for activities in
                    emerging markets; and
                      (B) proposals submitted for activities in
                    markets other than emerging markets.
                3. Agricultural Act of 1980 and Related Material

            a. Agricultural Trade Suspension Adjustment Act of 1980

    Partial text of Public Law 96-494 [H.R. 3765], 94 Stat. 2570, approved
    December 3, 1980, as amended by Public Law 97-98 [Agriculture and Food
      Act of 1981, S. 884], 95 Stat. 1213 at 1260, approved December 22,
     1981; Public Law 104-127 [Federal Agriculture Improvement and Reform
    Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996; Public
     Law 105-385 [Africa: Seeds of Hope Act of 1998; H.R. 4283], 112 Stat.
          3460, approved November 13, 1998; and by Public Law 106-78
      [Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2000; H.R. 1906], 113 Stat. 1135,
                           approved October 22, 1999

    AN ACT To increase the minimum price support loan rates for wheat, feed
     grains, and soybeans, to improve the farmer-held reserve program for
      wheat and feed grains, to establish a five-year food security wheat
                        reserve, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Act of 1980''.

                   TITLE I--WALNUT AND OLIVE MARKETING ORDERS

              * * * * * * *

         TITLE II--AGRICULTURAL TRADE SUSPENSION ADJUSTMENT ACT OF 1980

                                  short title

        Sec. 201. This title may be cited as the ``Agricultural
    Trade Suspension Adjustment Act of 1980''.
              * * * * * * *

       adjusted price support loan levels under the farmer-held reserve
          program for the 1980 and 1981 crops of wheat and feed grains

        Sec. 203.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 203 amended sec. 110(b) of the Agricultural Act of 1949 (7
    U.S.C. 1445e).
    ---------------------------------------------------------------------------
              * * * * * * *

        authority to use the funds, facilities, and authorities of the
    commodity credit corporation to purchase agricultural products intended
                       to be exported to the soviet union

        Sec. 206.\2\ Notwithstanding any other provision of law,
    the Secretary of Agriculture may use, subject to such terms and
    conditions as the Secretary may deem appropriate, the funds,
    facilities, and authorities of the Commodity Credit Corporation
    in purchasing and handling agricultural products, other than
    grains, that--
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 714c note.
    ---------------------------------------------------------------------------
              (1) were intended to be exported to the Union of
            Soviet Socialist Republics under contracts entered into
            prior to January 5, 1980, but
              (2) cannot be exported under such contracts due to
            the imposition, on January 4, 1980, of restrictions on
            the export of agricultural products to the Union of
            Soviet Socialist Republics,
    in the same manner and under the same conditions as the
    Secretary purchases and handles grains under similar contracts
    and subject to the imposition of the same restrictions.

                        supplemental set-aside authority

        Sec. 207.\3\ * * *
    ---------------------------------------------------------------------------
        \3\ Sec. 207 added a new sec. 113 to the Agricultural Act of 1949
    (7 U.S.C. 1445h).
    ---------------------------------------------------------------------------

                           trade suspension reserves

        Sec. 208.\4\ Notwithstanding any other provision of law--
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 4001.
    ---------------------------------------------------------------------------
        (a) Whenever the President or other member of the executive
    branch of Government causes the export of any agricultural
    commodity to any country or area of the world to be suspended
    or restricted for reasons of national security or foreign
    policy under the Export Administration Act of 1979 or any other
    provision of law and the Secretary of Agriculture determines
    that such suspension or restriction will result in a surplus
    supply of such commodity that will adversely affect prices
    producers receive for the commodity, the Secretary may
    establish a gasohol feedstock reserve or a feed security
    reserve, or both, of the commodity, as provided in subsections
    (c) and (d) of this section, if the commodity is suitable for
    stockpiling in a reserve.
        (b) Within thirty days after the export of any agricultural
    commodity to a country or area is suspended or restricted as
    described in subsection (a) of this section, the Secretary of
    Agriculture shall announce whether a gasohol feedstock reserve
    or a food security reserve of the commodity, or both, will be
    established under this section and shall include in such
    announcement the amount of the commodity that will be placed in
    such reserves, which shall be that portion of the estimated
    exports of the commodity affected by the suspension or
    restriction, as determined by the Secretary, that should be
    removed from the market to prevent the accumulation of a
    surplus of the commodity that will adversely affect prices
    producers receive for the commodity.
        (c)(1) To establish a gasohol feedstock reserve under this
    section, the Secretary of Agriculture may acquire agricultural
    commodities (the export of which is suspended or restricted as
    described in subsection (a) of this section) that are suitable
    for use in the production of alcohol for motor fuel through
    purchases from producers or in the market and by designation by
    the Secretary of stocks of the commodities held by the
    Commodity Credit Corporation, and to pay such storage,
    transportation, and related costs as may be necessary to permit
    maintenance of the commodities in the reserve for the purposes
    of this section and disposition of the commodities as provided
    in paragraph (2) of this subsection.
        (2) The Secretary of Agriculture may dispose of stocks of
    agricultural commodities acquired under paragraph (1) of this
    subsection only through sale--
              (A) for use in the production of alcohol for motor
            fuel, at not less than the fuel conversion price (as
            defined in section 212 of this title) for the commodity
            involved: Provided, That, for wheat and feed grains, if
            the fuel conversion price for the commodity involved is
            less than the then current release price at which
            producers may repay producer storage loans on the
            commodity and redeem the commodity prior to the
            maturity dates of the loans, as determined under clause
            (5) of the second sentence of section 110(b) of the
            Agricultural Act of 1949, the Secretary may dispose of
            stocks of the commodity for such use only through sale,
            at not less than the release price: Provided further,
            That such sales shall only be made to persons for use
            in the production of alcohol for motor fuel at
            facilities that, whenever supplies of the commodity are
            not readily available, can produce alcohol from other
            agricultural or forestry biomass feedstocks; or
              (B) for any other use, when sales for use under
            clause (A) of this paragraph are impracticable, (i) if
            there is a producer storage program in effect for the
            commodity, at not less than 110 per centum of the then
            current level at which the Secretary may encourage
            repayment of producer storage loans on the commodity
            prior to the maturity dates of the loans, as determined
            under clause (5) of the third sentence of section
            110(b) of the Agricultural Act of 1949,\5\ or, (ii) if
            there is no producer storage program in effect for the
            commodity, at not less than the average market price
            producers received for the commodity at the time the
            trade suspension was imposed.
    ---------------------------------------------------------------------------
        \5\ Sec. 1004 of Public Law 97-98 (95 Stat. 1213) amended clause
    (i) by raising the level from 105 to 110 per centum and stipulated that
    the Secretary may ``encourage'' repayment of producer storage loans
    rather than ``call for'' the repayment of such loans.
    ---------------------------------------------------------------------------
        (d)(1) To establish a food security reserve under this
    section, the Secretary of Agriculture may acquire agricultural
    commodities (the export of which is suspended or restricted as
    described in subsection (a) of this section) that are suitable
    for use in providing emergency food assistance and urgent
    humanitarian relief through purchases from producers or in the
    market and by designation by the Secretary of stocks of the
    commodities held by the Commodity Credit Corporation, and to
    pay such storage, transportation, and related costs as may be
    necessary to permit maintenance of the commodities in the
    reserve for the purposes of this section and disposition of the
    commodities as provided in paragraph (2) of this subsection.
        (2) \6\ Applicability of certain provisions.--Subsections
    (c), (d), (e), and (f)(2) of section 302 of the Bill Emerson
    Humanitarian Trust Act (7 U.S.C. 1736f-1 et seq.) \7\ shall
    apply to commodities in any reserve established under paragraph
    (1), except that the references to ``eligible commodities'' in
    the subsections shall be deemed to be references to
    ``agricultural commodities''.
    ---------------------------------------------------------------------------
        \6\ Sec. 225(b) of Public Law 104-127 (110 Stat. 962) amended and
    restated para. (2). It formerly read as follows:
        ``(2) The provisions of subsections (c), (d), (e), (f), and (g)(2)
    of section 302 of the Food Security Wheat Reserve Act of 1980 shall
    apply to commodities in any reserve established under paragraph (1) of
    this subsection, and (except for the last sentence of subsection (c) of
    section 302) the references to `wheat' in such subsections of section
    302 shall be deemed to be references to `agricultural commodities'.''.
        \7\ Sec. 212(b)(4) of Public Law 105-385 (112 Stat. 3466) struck
    out ``Food Security Commodity Reserve Act of 1996'' and inserted in
    lieu thereof ``Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1 et
    seq.)''.
    ---------------------------------------------------------------------------
        (3) Any determination by the President or the Secretary of
    Agriculture under this section shall be final.
        (e) The funds, facilities, and authorities of the Commodity
    Credit Corporation shall be used by the Secretary of
    Agriculture in carrying out this section, except that any
    restriction applicable to the acquisition, storage, or
    disposition of Commodity Credit Corporation owned or controlled
    commodities shall not apply with respect to the acquisition,
    storage, or disposition of agricultural commodities under this
    section.
        (f) The Secretary of Agriculture shall establish safeguards
    to ensure that stocks of agricultural commodities held in the
    reserves established under this section shall not be used in
    any manner or under any circumstance to unduly depress,
    manipulate, or curtail the free market.
        (g) Whenever stocks of agricultural commodities are
    disposed of or released from reserves established under this
    section, as provided in subsections (c)(2) and (d)(2) of this
    section, the reserves may not be replenished with replacement
    stocks.
        (h) The provisions of this section shall become effective
    with respect to any suspension of, or restriction on, the
    export of agricultural commodities, as described in subsection
    (a) of this section, implemented after the date of enactment of
    this Act.

                        alcohol processor grain reserve

        Sec. 209.\8\ (a) As used in this section--
    ---------------------------------------------------------------------------
        \8\ 7 U.S.C. 4002.
    ---------------------------------------------------------------------------
              (1) The term ``Secretary'' means the Secretary of
            Agriculture.
              (2) The term ``processor'' means any person engaged
            within the United States in the business of
            manufacturing grain into alcohol for use as a fuel
            either by itself or in combination with some other
            product.
              (3) The terms ``agricultural grain'' and ``grain''
            mean any agricultural commodity (A) that is suitable
            for processing into alcohol for use as a fuel, and (B)
            with respect to which a price support operation is in
            effect.
              (4) The term ``producer storage program'' means the
            producer storage program provided for under section 110
            of the Agriculture Act of 1949.
              (5) The term ``small scale biomass energy project''
            shall have the same meaning as defined in section
            203(19) of the Energy Security Act.
        (b) To assist processors in obtaining a dependable supply
    of grain at reasonable prices, the Secretary may formulate and
    administer a program under which processors purchasing and
    storing grain needed by them for manufacturing into alcohol for
    use as a fuel may obtain a loan from the Secretary on such
    grain. Loans under this section may be made available only to
    processors that (1) operate small scale biomass energy projects
    financed in whole or in part by the United States Government or
    any agency thereof, and (2) as determined by the Secretary, are
    otherwise unable to obtain a dependable supply of grain at
    reasonable prices for use in such projects.
        (c) Except as otherwise provided in this section, loans
    made under this section to carry out the processor grain
    reserve program may be made on the same terms and conditions as
    loans made to carry out the producer storage program.
        (d) The amount of the loan that the Secretary may make to
    an eligible processor at any time on any quantity of grain
    purchased by the processor shall be determined by multiplying
    the price support loan rate in effect for such grain at the
    time the loan is made times the quantity of grain purchased by
    the processor. The quantity of grain on which one or more loans
    may be outstanding at any time in the case of any processor may
    not exceed the estimated quantity of grain needed by such
    processor for one year of operation.
        (e) Whenever any quantity of grain stored in the processor
    grain reserve under this section is removed from storage by a
    processor, the processor may be required to replace such grain
    with an equal quantity, within such period of time as the
    Secretary shall prescribe by regulation, or repay that portion
    of the loan represented by the quantity of grain removed from
    storage.
        (f) Grain on which an eligible processor has received a
    loan under this section may not be used for any purpose other
    than the manufacture of alcohol for use as a fuel, and the
    Secretary shall establish such safeguards as the Secretary
    deems necessary to assure that such grain is not used for any
    other purpose and is not used in any manner that would unduly
    depress, manipulate, or curtail the free market in such grain.
        (g) Loans made under this section shall be made subject to
    such terms and conditions and subject to such security as the
    Secretary deems appropriate, except that such loans may not be
    made as nonrecourse loans.
        (h) In carrying out the processor grain reserve program
    under this section, the Secretary may--
              (1) provide for the payment to processors of such
            amounts as the Secretary determines appropriate to
            cover the cost of storing grain held in the processor
            grain reserve, except that in no event may the rate of
            the payment paid under this clause for any period
            exceed the rate paid by the Secretary under the
            producer storage program for the same period; and
              (2) prescribe conditions under which the Secretary
            may require processors to repay loans made under this
            section, plus accrued interest thereon, refund amounts
            paid to the processors for storage, and require the
            processors to pay such additional interest and other
            charges as may be required by regulation in the event
            any processor fails to abide by the terms and
            conditions of the loan or any regulation prescribed
            under this section.
        (i) The Secretary shall announce the terms and conditions
    of the processor grain reserve program as far in advance of
    making loans as practicable.
        (j) The Secretary may use the facilities of the Commodity
    Credit Corporation to carry out this section.
        (k) There are authorized to be appropriated such sums as
    may be necessary to carry out this section. Any loans made
    under this section shall be made to such extent and such
    amounts as provided in appropriation Acts. The authority to
    make loans under this section shall expire five years after the
    effective date of this title.

      study of the potential for expansion of united states agricultural
    export markets and the use of agricultural exports in obtaining needed
                                   materials

        Sec. 210.\9\ (a) The Secretary of Agriculture, in
    consultation with the United States Trade Representative and
    any other appropriate agency of the United States Government as
    determined by the Secretary, shall perform a study of the
    potential for expansion of United States agricultural export
    markets and the use of agricultural exports in obtaining
    natural resources or other commodities and products needed by
    the United States. The Secretary shall complete the study and
    submit to the President and Congress a report on the study
    before June 30, 1981.
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 4003.
    ---------------------------------------------------------------------------
        (b) In performing the study, the Secretary shall determine
    for the next five years--
              (1) world food, feed, and fiber needs;
              (2) estimated United States and world food, feed, and
            fiber production capabilities;
              (3) potential new or expanded foreign markets for
            United States agricultural products;
              (4) the potential for the development of
            international agreements for the exchange of United
            States agricultural products for natural resources,
            including energy sources, or other commodities and
            products needed by the United States; and
              (5) the steps that the United States must take to (A)
            increase agricultural export trade, and (B) obtain
            needed natural resources or other commodities and
            products in exchange for agricultural products, to the
            maximum extent feasible.

                        food bank demonstration projects

        Sec. 211.\10\ (a) The Secretary of Agriculture shall carry
    out demonstration projects to provide agricultural commodities
    and other foods that might not otherwise be used, or might be
    more effectively used by organizations assisted under this
    section, to community food banks for emergency food box
    distribution to needy individuals and families. Notwithstanding
    any other provisions of law, the Secretary shall make available
    for purposes of such special nutrition \11\ projects,
    agricultural commodities and other foods available to the
    Secretary under section 416 of the Agricultural Act of 1949,
    section 709 of the Food and Agriculture Act of 1965, and
    section 32 of the Act of August 24, 1935 (7 U.S.C. 612c). For
    purposes of distributing agricultural commodities and other
    foods to community food banks under this section, the Secretary
    may, in consultation with State agencies, use food distribution
    systems currently used to distribute agricultural commodities
    and other foods under the Richard B. Russell National School
    Lunch Act \12\ and Child Nutrition Act of 1966. The Secretary
    shall select food banks, in consultation with the Director of
    the Community Services Administration, for participation in the
    demonstration projects under this section. Food banks shall be
    selected for participation so as to ensure adequate geographic
    distribution of emergency food box programs in at least two but
    not more than seven Department of Agriculture regions.
    ---------------------------------------------------------------------------
        \10\ 7 U.S.C. 4004.
        \11\ Sec. 1114(b)(1) of Public Law 97-98 (95 Stat. 1269)
    substituted the words ``special nutrition'' in lieu of the word
    ``demonstration''.
        \12\ Sec. 752(b)(4) of Public Law 106-78 (113 Stat. 1169) struck
    out ``National School Lunch Act'' and inserted in lieu thereof
    ``Richard B. Russell National School Lunch Act''.
    ---------------------------------------------------------------------------
        (b)(1) No food bank may participate in the demonstration
    projects conducted under this section unless an application
    therefor is submitted to and approved by the Secretary. Such
    application shall be submitted in such form and manner and
    shall contain such information as the Secretary shall
    prescribe.
        (2) Each food bank participating in the special nutrition
    \11\ projects under this section shall establish a
    recordkeeping system and internal procedures to monitor the use
    of agricultural commodities and other foods provided under this
    section. The Secretary shall develop standards by which the
    feasibility and effectiveness of the projects shall be
    measured, and shall conduct an ongoing review of the
    effectiveness of the projects.
        (c) The Secretary shall determine the quantities and types
    of agricultural commodities and other foods to be made
    available under this section. The Secretary may prescribe
    regulations regarding the designation of eligible participants
    in the projects and any other regulations necessary to carry
    out this section.
        (d) The Secretary shall submit to Congress a progress
    report on July 1, 1983, and a final report on January 1,
    1984,\13\ regarding the demonstration projects carried out
    under this section. Such report shall include an analysis and
    evaluation of Federal participation in food bank emergency food
    programs, the effectiveness of such participation, and the
    feasibility of continuing such participation. The Secretary
    shall also include in such report any recommendations regarding
    improvements in Federal assistance to community food banks,
    including assistance for administrative expenses and
    transportation.
    ---------------------------------------------------------------------------
        \13\ Sec. 1114(b) of Public Law 97-98 (95 Stat. 1269) changed the
    due date of this report (report originally due October 1, 1982).
    ---------------------------------------------------------------------------
        (e) The sale of food provided under this section shall be
    prohibited and any person who receives any remuneration in
    exchange for food provided under this section shall be subject
    to a fine of not more than $1,000 or imprisonment for not more
    than six months, or both.
        (f) \14\ The Secretary shall minimize paperwork
    requirements on food banks which participate in the special
    nutrition projects established under this section and shall
    otherwise encourage food banks to participate in such projects.
    ---------------------------------------------------------------------------
        \14\ Sec. 1114(b) of Public Law 97-98 (95 Stat. 1269) redesignated
    existing subsec. (f) as subsec. (g) and added a new subsec. (f). Such
    amendment further revised the text of subsec. (g) as redesignated, by
    striking out an authorization level of $356,000 and substituting the
    current language.
    ---------------------------------------------------------------------------
        (g) \14\ There is authorized to be appropriated such sums
    as may be necessary to carry out this section.

                      definition of fuel conversion price

        Sec. 212.\15\ As used in this title, the phrase ``fuel
    conversion price'' means the price for an agricultural
    commodity determined by the Secretary of Agriculture that will
    permit gasoline-alcohol mixtures using alcohol produced from
    the commodity to be competitive in price with unleaded gasoline
    priced at the point it leaves the refinery, adjusted for
    differences in octane rating, taking into consideration the
    energy value of the commodity and other appropriate values
    designed to represent, on a national average basis, the value
    of byproducts also recoverable from the commodity; the direct
    costs and capital recovery costs for a grain alcohol distillery
    capable of producing forty million gallons of alcohol and
    recovering byproducts annually; and Federal tax and other
    Federal incentives applicable to alcohol used for fuel.
    ---------------------------------------------------------------------------
        \15\ 7 U.S.C. 4005.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 213. Except as otherwise provided herein, this title
    shall become effective October 1, 1980, or the date of
    enactment, whichever is later.
                   b. Bill Emerson Humanitarian Trust Act \1\

     Partial text of Public Law 96-494 [H.R. 3765], 94 Stat. 2570 at 2578,
       approved December 3, 1980; as amended by Public Law 99-198 [Food
    Security Act of 1985, H.R. 2100], 99 Stat. 1354, approved December 23,
     1985; Public Law 101-624 [Food, Agriculture, Conservation, and Trade
      Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990;
     Public Law 104-127 [Federal Agriculture Improvement and Reform Act of
      1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996; Public Law
    105-385 [Africa: Seeds of Hope Act of 1998; H.R. 4283], 112 Stat. 3460,
     approved November 13, 1998; and by Public Law 107-171 [Farm Security
     and Rural Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved
                                  May 13, 2002

                 TITLE III--BILL EMERSON HUMANITARIAN TRUST \1\

    SEC. 301.\2\ SHORT TITLE.

        This title may be cited as the ``Bill Emerson Humanitarian
    Trust Act''.
    ---------------------------------------------------------------------------
        \1\ Formerly the Food Security Wheat Reserve Act of 1980, sec.
    225(a) of the Federal Agriculture Improvement and Reform Act of 1996
    (Public Law 104-127; 110 Stat. 959) amended and restated the entire
    title III as the Food Security Commodity Reserve Act of 1996. Subtitle
    B of title II of Public Law 105-385 (112 Stat. 3465) renamed the
    measure to its current name.
        \2\ 7 U.S.C. 1736f-1 note. Amended and restated by sec. 212(b)(2)
    of Public Law 105-385 (112 Stat. 3466).
    ---------------------------------------------------------------------------

    SEC. 302.\3\ ESTABLISHMENT OF COMMODITY TRUST.

        (a) In General.--To provide for a trust \4\ solely to meet
    emergency humanitarian food needs in developing countries, the
    Secretary of Agriculture (referred to in this title as the
    ``Secretary'') shall establish a trust \4\ stock of wheat,
    rice, corn, or sorghum, or any combination of the commodities,
    totaling not more than 4,000,000 metric tons for use as
    described in subsection (c).
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1736f-1. Sec. 212(b)(3)(A) of Public Law 105-385 (112
    Stat. 3467) struck out ``reserve'' in the sec. catchline and inserted
    in lieu thereof ``trust''.
        \4\ Sec. 212(b)(3)(B) of Public Law 105-385 (112 Stat. 3467) struck
    out ``reserve'' each place it appeared in sec. 302 (other than in
    subparas. (A) and (B) of subsec. (b)(1)) and inserted in lieu thereof
    ``trust''.
    ---------------------------------------------------------------------------
        (b) Commodities or Funds in Trust.-- \5\
    ---------------------------------------------------------------------------
        \5\ Sec. 212(b)(3)(C)(i) of Public Law 105-385 (112 Stat. 3467)
    struck out ``Reserve'' in the subsec. catchline, and inserted in lieu
    thereof ``Trust''. Sec. 212(a)(1)(A) of that Act inserted ``or Funds''
    after ``Commodities''.
    ---------------------------------------------------------------------------
              (1) In general.--The trust \4\ established under this
            section shall consist of--
                      (A) wheat in the reserve established under
                    the Food Security Wheat Reserve Act of 1980 as
                    of the date of enactment of the Federal
                    Agriculture Improvement and Reform Act of 1996;
                      (B) wheat, rice, corn, and sorghum (referred
                    to in this section as ``eligible commodities'')
                    acquired in accordance with paragraph (2) to
                    replenish eligible commodities released from
                    the trust,\6\ including wheat to replenish
                    wheat released from the reserve established
                    under the Food Security Wheat Reserve Act of
                    1980 but not replenished as of the date of
                    enactment of the Federal Agriculture
                    Improvement and Reform Act of 1996; \7\
    ---------------------------------------------------------------------------
        \6\ Sec. 212(b)(3)(C)(ii) of Public Law 105-385 (112 Stat. 3467)
    struck out ``reserve,'' and inserted in lieu thereof ``trust,''.
        \7\ Sec. 212(a)(1)(B) of Public Law 105-385 (112 Stat. 3467) struck
    out ``and'' at the end of subpara. (B); replaced a period at the end of
    subpara. (C) with ``; and''; and added a new subpara. (D).
    ---------------------------------------------------------------------------
                      (C) such rice, corn, and sorghum as the
                    Secretary may, at such time and in such manner
                    as the Secretary determines appropriate,
                    acquire as a result of exchanging an equivalent
                    value of wheat in the trust \4\ established
                    under this section; and \7\
                      (D) \7\ funds made available under paragraph
                    (2)(B) which shall be used solely to replenish
                    commodities in the trust.
              (2) Replenishment of trust.-- \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 212(b)(3)(C)(iii) of Public Law 105-385 (112 Stat. 3467)
    struck out ``reserve'' in the subsec. catchline, and inserted in lieu
    thereof ``trust''.
    ---------------------------------------------------------------------------
                      (A) In general.--Subject to subsection (h),
                    commodities of equivalent value to eligible
                    commodities in the trust \4\ established under
                    this section may be acquired--
                              (i) through purchases--
                                      (I) from producers; or
                                      (II) in the market, if the
                                    Secretary determines that the
                                    purchases will not unduly
                                    disrupt the market; or
                              (ii) by designation by the Secretary
                            of stocks of eligible commodities of
                            the Commodity Credit Corporation.
                      (B) \9\ Funds.--Any funds used to acquire
                    eligible commodities through purchases from
                    producers or in the market to replenish the
                    trust shall be derived--
    ---------------------------------------------------------------------------
        \9\ Sec. 212(a)(1)(C) of Public Law 105-385 (112 Stat. 3466)
    amended and restated subpara. (B).
    ---------------------------------------------------------------------------
                              (i) \10\ with respect to fiscal years
                            2000 through 2007 \11\ from funds made
                            available to carry out the Agricultural
                            trade and Development and Assistance
                            Act of 1954 (7 U.S.C. 1691 et seq.)
                            that are used to repay or reimburse the
                            Commodity Credit Corporation for the
                            release of eligible commodities under
                            subsections (c)(2) and (f)(2), except
                            that, of such funds, not more than
                            $20,000,000 may be expended for this
                            purpose in each of the fiscal years
                            2000 through 2007; \11\ and
    ---------------------------------------------------------------------------
        \10\ Sec. 738 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2006 (Public
    Law 109-97; 119 Stat. 2155) provided the following:
        ``Sec. 738. None of the funds made available in fiscal year 2006 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
    1736f-1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.''.
        \11\ Sec. 3202 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 300) struck out ``2002'' and
    inserted in lieu thereof ``2007''.
    ---------------------------------------------------------------------------
                              (ii) from funds authorized for that
                            use by an appropriations Act.
        (c) Release of Eligible Commodities.--
              (1) Emergency assistance.--
                      (A) In general.--Notwithstanding paragraph
                    (2), to meet unanticipated need, the Secretary
                    may release eligible commodities in any fiscal
                    year, without regard to the availability of
                    domestic supply of the commodities, to provide
                    emergency assistance to developing countries
                    under title II of the Agricultural Trade
                    Development and Assistance Act of 1954 (7
                    U.S.C. 1721 et seq.).
                      (B) Release for emergency assistance.--If the
                    eligible commodities needed to meet
                    unanticipated need cannot be made available in
                    a timely manner under normal means for
                    obtaining eligible commodities for food
                    assistance because of unanticipated need for
                    emergency assistance as provided under section
                    202(a) of the Agricultural Trade Development
                    and Assistance Act of 1954 (7 U.S.C. 1722(a)),
                    the Secretary may in any fiscal year release
                    from the trust-- \4\
                              (i) up to 500,000 metric tons of
                            wheat or the equivalent value of
                            eligible commodities other than wheat;
                            and
                              (ii) up to 500,000 metric tons of any
                            eligible commodities under this
                            paragraph that could have been released
                            but were not released in prior fiscal
                            years.
                      (C) Waiver of minimum tonnage requirements.--
                    Nothing in this paragraph shall require a
                    waiver under section 204(a)(3) of the
                    Agricultural Trade Development and Assistance
                    Act of 1954 (7 U.S.C. 1724(a)(3)) as a
                    prerequisite for the release of eligible
                    commodities under this paragraph.
              (2) Emergency food assistance.--
                      (A) In general.--Notwithstanding \12\ any
                    other provision of law, eligible commodities
                    designated or acquired for the trust \4\
                    established under this section may be released
                    by the Secretary to provide, on a donation or
                    sale basis, emergency food assistance to
                    developing countries at such time as the
                    domestic supply of the eligible commodities is
                    so limited that quantities of the eligible
                    commodities cannot be made available for
                    disposition under the Agricultural Trade
                    Development and Assistance Act of 1954 (7
                    U.S.C. 1691 et seq.) (other than disposition
                    for urgent humanitarian purposes under section
                    401 of the Act (7 U.S.C. 1731)).
    ---------------------------------------------------------------------------
        \12\ Sec. 212(a)(2) of Public Law 105-385 (112 Stat. 3466) added
    subpara. designation ``(A) In general.--'' and added a new subpara.
    (B).
    ---------------------------------------------------------------------------
                      (B) \12\ Limitation.--The Secretary may
                    release eligible commodities under subparagraph
                    (A) only to the extent such release is
                    consistent with maintaining the long-term value
                    of the trust.
              (3) Processing of eligible commodities.--Eligible
            commodities that are released from the trust \4\
            established under this section may be processed in the
            United States and shipped to a developing country when
            conditions in the recipient country require processing.
              (4) Exchange.--The Secretary may exchange an eligible
            commodity for another United States commodity of equal
            value, including powdered milk, pulses, and vegetable
            oil.
              (5) Use of normal commercial practices.--To the
            maximum extent practicable consistent with the
            fulfillment of the purposes of this section and the
            effective and efficient administration of this section,
            the Secretary shall use the usual and customary
            channels, facilities, arrangements, and practices of
            trade and commerce to carry out this subsection.
        (d) Management of Eligible Commodities.--The Secretary
    shall provide--
              (1) for the management of eligible commodities in the
            trust \4\ established under this section as to location
            and quality of eligible commodities needed to meet
            emergency situations; \13\
    ---------------------------------------------------------------------------
        \13\ Sec. 212(a)(3) of Public Law 105-385 (112 Stat. 3466) struck
    out ``and'' at the end of para. (1); replaced a period at the end of
    para. (2) with ``; and''; and added a new para. (3).
    ---------------------------------------------------------------------------
              (2) for the periodic rotation or replacement of
            stocks of eligible commodities in the trust \4\ to
            avoid spoilage and deterioration of the commodities;
            and \13\
              (3) \13\ subject to the need for release of
            commodities from the trust under subsection (c)(1), for
            the management of the trust to preserve the value of
            the trust through acquisitions under subsection (b)(2).
        (e) Treatment of Trust Under Other Law.-- \14\ Eligible
    commodities in the trust \4\ established under this section
    shall not be--
    ---------------------------------------------------------------------------
        \14\ Sec. 212(b)(3)(D) of Public Law 105-385 (112 Stat. 3467)
    struck out ``Reserve'' in the subsec. catchline, and inserted in lieu
    thereof ``Trust''.
    ---------------------------------------------------------------------------
              (1) considered a part of the total domestic supply
            (including carryover) for the purpose of subsection (c)
            or for the purpose of administering the Agricultural
            Trade Development and Assistance Act of 1954 (7 U.S.C.
            1691 et seq.); and
              (2) subject to any quantitative limitation on exports
            that may be imposed under section 7 of the Export
            Administration Act of 1979 (50 U.S.C. App. 2406).
        (f) Use of Commodity Credit Corporation.--
              (1) In general.--Subject to the limitations provided
            in this section, the funds, facilities, and authorities
            of the Commodity Credit Corporation shall be used by
            the Secretary in carrying out this section, except that
            any restriction applicable to the acquisition, storage,
            or disposition of eligible commodities owned or
            controlled by the Commodity Credit Corporation shall
            not apply.
              (2) Reimbursement of the trust.-- \15\
    ---------------------------------------------------------------------------
        \15\ Sec. 212(a)(4)(A) of Public Law 105-385 (112 Stat. 3466)
    inserted ``of the trust'' after ``Reimbursement''.
    ---------------------------------------------------------------------------
                      (A) \10\ In general.--The Commodity Credit
                    Corporation shall be reimbursed for the release
                    of eligible commodities from funds made
                    available to carry out the Agricultural Trade
                    Development and Assistance Act of 1954 (7
                    U.S.C. 1691 et seq.) and the funds shall be
                    available to replenish the trust under
                    subsection (b).\16\
    ---------------------------------------------------------------------------
        \16\ Sec. 212(a)(4)(B) of Public Law 105-385 (112 Stat. 3466)
    inserted ``and the funds shall be available to replenish the trust
    under subsection (b)''.
    ---------------------------------------------------------------------------
                      (B) Basis for reimbursement.--The
                    reimbursement shall be made on the basis of the
                    lesser of--
                              (i) the actual costs incurred by the
                            Commodity Credit Corporation with
                            respect to the eligible commodity; or
                              (ii) the export market price of the
                            eligible commodity (as determined by
                            the Secretary) as of the time the
                            eligible commodity is released from the
                            trust.\4\
                      (C) Source of funds.--The reimbursement may
                    be made from funds appropriated for subsequent
                    fiscal years.
        (g) Finality of Determination.--Any determination by the
    Secretary under this section shall be final.
        (h) Termination of Authority.--
              (1) In general.--The authority to replenish stocks of
            eligible commodities to maintain the trust \4\
            established under this section shall terminate on
            September 30, 2007.\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 3202 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 300) struck out ``2002'' and
    inserted in lieu thereof ``2007''.
    ---------------------------------------------------------------------------
              (2) Disposal of eligible commodities.--Eligible
            commodities remaining in the trust \4\ after September
            30, 2007,\17\ shall be disposed of by release for use
            in providing for emergency humanitarian food needs in
            developing countries as provided in this section.
                         c. Food Security Wheat Reserve

    Executive Order 12266, January 15, 1981, 46 F.R. 4667, 7 U.S.C. 1736f-1
                                      note

        By the authority vested in me as President of the United
    States of America by Section 302(a) of the Food Security Wheat
    Reserve Act of 1980 (Title III of the Agricultural Act of 1980
    (Public Law 96-494)),\1\ it is hereby ordered as follows:
    ---------------------------------------------------------------------------
        \1\ Amended and restated. See Bill Emerson Humanitarian Trust Act,
    page 1539.
    ---------------------------------------------------------------------------
        1-101. There is hereby established a Food Security Wheat
    Reserve composed of a reserve stock of wheat, which shall not
    exceed four million metric tons.
        1-102. The Secretary of Agriculture is responsible for
    designating, in accordance with Section 302 of the Food
    Security Wheat Reserve Act of 1980, the specific reserve stocks
    of wheat which shall comprise the Food Security Wheat Reserve.
     4. National Agricultural Research, Extension, and Teaching Policy Act
                                    of 1977

    Partial text of Public Law 95-113 [Food and Agriculture Act of 1977; S.
      275], 91 Stat. 913 at 981, approved September 29, 1977; amended by
     Public Law 97-98 [Agriculture and Food Act of 1981; S. 884], 95 Stat.
    1213, approved December 22, 1981; Public Law 99-198 [Food Security Act
    of 1985; H.R. 2100], 99 Stat. 1354, approved December 23, 1985; Public
    Law 101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S.
     2830], 104 Stat. 3359, approved November 28, 1990; Public Law 102-237
      [Food, Agriculture, Conservation, and Trade Act Amendments of 1991;
    H.R. 3029], 105 Stat. 1818, approved December 13, 1991; Public Law 104-
       127 [Federal Agriculture Improvement and Reform Act of 1996; H.R.
       2854], 110 Stat. 888, approved April 4, 1996; Public Law 105-185
    [Agricultural Research, Extension, and Education Reform Act of 1998; S.
    1150], 112 Stat. 523, approved June 23, 1998; and by Public Law 107-171
    [Farm Security and Rural Investment Act of 2002; H.R. 2646], 116 Stat.
                           134, approved May 13, 2002

              * * * * * * *

      TITLE XIV--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
                               POLICY ACT OF 1977

                                  short title

        Sec. 1401.\1\ This title may be cited as the ``National
    Agricultural Research, Extension, and Teaching Policy Act of
    1977''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 3101 note.
    ---------------------------------------------------------------------------
              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 1613(d)(1)(A) of Public Law 101-624 (104 Stat. 3726) and
    sec. 227(e) of Public Law 105-185 (112 Stat. 545) amended and restated
    the subtitle heading. It originally read ``International Agricultural
    Research and Extension''.
        \3\ 7 U.S.C. 3291. Sec. 1436 of Public Law 97-98 (95 Stat. 1313)
    amended and restated sec. 1458.
        \4\ Sec. 227(a)(1) of Public Law 105-185 (112 Stat. 543) struck out
    ``research and extension'' and inserted in lieu thereof ``research,
    extension, and teaching''. Previously, sec. 1613(d)(1)(A) of Public Law
    101-624 (104 Stat. 3726) added the section catchline.
    ---------------------------------------------------------------------------

        Subtitle I--International Research, Extension, and Training \2\

    SEC. 1458.\3\ INTERATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND
                        TEACHING \4\

        (a) \5\ Authority of the Secretary.--To carry out the
    policy of this subtitle, the Secretary (in consultation with
    the Agency for International Development and subject to such
    coordination with other Federal officials, Departments, and
    agencies as the President may direct) may--
    ---------------------------------------------------------------------------
        \5\ Sec. 1613(a) of Public Law 101-624 (104 Stat. 3726) amended and
    restated subsec. (a).
    ---------------------------------------------------------------------------
              (1) expand the operational coordination of the
            Department of Agriculture with institutions and other
            persons throughout the world performing agricultural
            and related research, extension, and teaching \6\
            activities by--
    ---------------------------------------------------------------------------
        \6\ Sec. 227(a)(2)(A)(i) of Public Law 105-185 (112 Stat. 544)
    struck out ``related research and extension'' and inserted in lieu
    thereof ``related research, extension, and teaching''.
    ---------------------------------------------------------------------------
                      (A) exchanging research materials and results
                    with the institutions or persons; and
                      (B) conducting with the institutions or
                    persons joint or coordinated research,
                    extension, and teaching activities that address
                    \7\ problems of significance to food and
                    agriculture in the United States;
    ---------------------------------------------------------------------------
        \7\ Sec. 227(a)(2)(A)(ii) of Public Law 105-185 (112 Stat. 544)
    struck out ``research and extension on'' and inserted in lieu thereof
    ``research, extension, and teaching activities that address''.
    ---------------------------------------------------------------------------
              (2) enter into cooperative arrangements with
            Departments and Ministries of Agriculture in other
            nations to conduct research, extension, and teaching
            \8\ activities in support of the development of a
            viable and sustainable global agricultural system,
            including efforts to establish a global system for
            plant genetic resources conservation;
    ---------------------------------------------------------------------------
        \8\ Sec. 227(a)(2)(B) of Public Law 105-185 (112 Stat. 544) struck
    out ``education'' and inserted in lieu thereof ``teaching''.
    ---------------------------------------------------------------------------
              (3) enter into agreements with land-grant colleges
            and universities, the Agency for International
            Development, and international organizations (such as
            the United Nations, World Bank, regional development
            banks, the International Agricultural Research Center),
            or other organizations, institutions or individuals
            with comparable goals, to promote and support the
            development of a viable and sustainable global
            agricultural system; \9\
    ---------------------------------------------------------------------------
        \9\ Sec. 402(11) of Public Law 102-237 (105 Stat. 1863) struck out
    a period at the end of para. (3) and inserted in lieu thereof a
    semicolon.
    ---------------------------------------------------------------------------
              (4) further develop within the Department highly
            qualified and experienced scientists and education
            experts \10\ who specialize in international programs,
            to be available to carry out the activities described
            in this section;
    ---------------------------------------------------------------------------
        \10\ Sec. 227(a)(2)(C) of Public Law 105-185 (112 Stat. 544) struck
    out ``scientists and experts'' and inserted in lieu thereof
    ``scientists and education experts''.
    ---------------------------------------------------------------------------
              (5) work with transitional and more advanced
            countries in food, agricultural, and related research,
            development, teaching,\11\ and extension (including
            providing technical assistance, training, and advice to
            persons from the countries engaged in the activities
            and the stationing of scientists and other specialists
            at national and international institutions in the
            countries);
    ---------------------------------------------------------------------------
        \11\ Sec. 227(a)(2)(D) of Public Law 105-185 (112 Stat. 544)
    inserted ``teaching,'' after ``development,''.
    ---------------------------------------------------------------------------
              (6) expand collaboration and coordination with the
            Agency for International Development regarding food and
            agricultural research, extension, and teaching \12\
            programs in developing countries;
    ---------------------------------------------------------------------------
        \12\ Sec. 227(a)(2)(B) of Public Law 105-185 (112 Stat. 544) struck
    out ``education'' and inserted in lieu thereof ``teaching''.
    ---------------------------------------------------------------------------
              (7) assist colleges and universities in strengthening
            their capabilities for food, agricultural, and related
            research, extension, and teaching programs \13\
            relevant to agricultural development activities in
            other countries through--
    ---------------------------------------------------------------------------
        \13\ Sec. 227(a)(2)(E) of Public Law 105-185 (112 Stat. 544) struck
    out ``research and extension that is'' and inserted in lieu thereof
    ``research, extension, and teaching programs''.
    ---------------------------------------------------------------------------
                      (A) the provision of support to State
                    universities and land-grant colleges and
                    universities to do collaborative research with
                    other countries on issues relevant to United
                    States agricultural competitiveness;
                      (B) the provision of support for cooperative
                    extension education in global agriculture and
                    to promote the application of new technology
                    developed in foreign countries to United States
                    agriculture; and
                      (C) the provision of support for the
                    internationalization of resident instruction
                    programs of the universities and colleges
                    described in subparagraph (A); \14\
    ---------------------------------------------------------------------------
        \14\ Sec. 227(b) of Public Law 105-185 (112 Stat. 544) struck out
    ``and'' at the end of para. (7); replaced the period at the end of
    para. (8) with a semicolon; and added para. (9).
    ---------------------------------------------------------------------------
              (8) continue,\15\ in cooperation with the Secretary
            of State, a program, coordinated \15\ through the
            International Arid Land Consortium, to enhance
            collaboration and cooperation between institutions
            possessing research, extension, and teaching
            capabilities \16\ applied to the development,
            management, and reclamation of arid lands; \17\
    ---------------------------------------------------------------------------
        \15\ Sec. 816 of Public Law 104-127 (110 Stat. 1167) struck out
    ``establish'' and inserted in lieu thereof ``continue'', and struck out
    ``to be'' before ``coordinated'' in sec. 1458(a) of the National
    Agricultural Research, Extension, and Teaching Policy Act of 1977.
        \16\ Sec. 227(a)(2)(F) of Public Law 105-185 (112 Stat. 544) struck
    out ``research capabilities'' and inserted in lieu thereof ``research,
    extension, and teaching capabilities''.
        \17\ Sec. 7209(c) of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 445) struck out ``and'' at the end
    of para. (8), replaced a period at the end of para. (9) with ``; and'',
    and added para. (10).
    ---------------------------------------------------------------------------
              (9) \14\ make competitive grants for collaborative
            projects that--
                      (A) involve Federal scientists or scientists
                    from landgrant colleges and universities or
                    other colleges and universities with scientists
                    at international agricultural research centers
                    in other nations, including the international
                    agricultural research centers of the
                    Consultative Group on International Agriculture
                    Research;
                      (B) focus on developing and using new
                    technologies and programs for--
                              (i) increasing the production of food
                            and fiber, while safeguarding the
                            environmental worldwide and enhancing
                            the global competitiveness of United
                            States agriculture; or
                              (ii) training scientists;
                      (C) are mutually beneficial to the United
                    States and other countries; and
                      (D) encourage private sector involvement and
                    the leveraging of private sector funds; and
              (10) \17\ establish a program, to be coordinated by
            the Cooperative State Research, Education, and
            Extension Service and the Foreign Agricultural Service,
            to place interns from United States colleges and
            universities at Foreign Agricultural Service field
            offices overseas.
        (b) \18\ Enhancing linkages.--The Secretary shall draw upon
    and enhance the resources of the land-grant colleges and
    universities, and other colleges and universities, or
    developing linkages among these institutions, the Federal
    government, international research centers, and counterpart
    research, extension, and teaching agencies \19\ and
    institutions in both the development and less-developed
    countries to serve the purposes of agriculture and the economy
    of the United States and to make a substantial contribution to
    the cause of improved food and agricultural progress throughout
    the world.
    ---------------------------------------------------------------------------
        \18\ Subsec. (b) was added by sec. 1436 of Public Law 97-98 (95
    Stat. 1313). Sec. 1613(d)(1)(B) of Public Law 101-624 (104 Stat. 3726)
    added ``Enhancing linkages.--''.
        \19\ Sec. 227(a)(3) of Public Law 105-185 (112 Stat. 544) struck
    out ``counterpart agencies'' and inserted in lieu thereof ``counterpart
    research, extension, and teaching agencies''.
    ---------------------------------------------------------------------------
        (c) \20\ Provision of Specialized or Technical Services.--
    The Secretary may provide specialized or technical services, on
    an advance of funds or a reimbursable basis, to United states
    colleges and universities and other governmental organizations
    \21\ carrying out international food, agricultural, and related
    research, extension, and teaching development projects and
    activities. All funds received in payment for furnishing such
    specialized or technical services shall be deposited to the
    credit of the appropriation from which the cost of providing
    such services has been paid or is to be charged.
    ---------------------------------------------------------------------------
        \20\ Added by sec. 1436 of Public Law 97-98 (95 Stat. 1313). the
    subsec. catchline was added by sec. 1613(d)(1)(C) of Public Law 101-624
    (104 Stat. 3724).
        \21\ Sec. 1613(b) of Public Law 101-624 (104 Stat. 3724) added
    ``and other governmental organizations'' after ``universities''.
    ---------------------------------------------------------------------------
        (d) \22\ Reports.--The Secretary shall provide biennial
    reports to the Committee on Agriculture of the House of
    Representatives and the Committee on Agriculture, Nutrition,
    and Forestry of the Senate on efforts of the Federal
    Government--
    ---------------------------------------------------------------------------
        \22\ Sec. 227(c) of Public Law 105-185 (112 Stat. 544) added
    subsec. (d).
    ---------------------------------------------------------------------------
              (1) to coordinate international agricultural research
            within the Federal Government; and
              (2) to more effectively link the activities of
            domestic and international agricultural researchers,
            particularly researchers of the Agricultural Research
            Service.
        (e) \23\ Full Payment of Funds Made Available for Certain
    Binational Projects.--Notwithstanding any other provision of
    law, the full amount of any funds appropriated or otherwise
    made available to carry out cooperative projects under the
    arrangement entered into between the Secretary and the
    Government of Israel to support the Israel-United States
    Binational Agricultural Research and Development Fund shall be
    paid directly to the Fund.
    ---------------------------------------------------------------------------
        \23\ Sec. 227(d) of Public Law 105-185 (112 Stat. 544) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 1458A.\24\ * * * [REPEALED--1996]
    ---------------------------------------------------------------------------

        \24\ Formerly at 7 U.S.C. 3292. Pertaining to grants to states for
    international trade development centers; repealed by sec. 856 of Public
    Law 104-127 (110 Stat. 1172).
    ---------------------------------------------------------------------------

    SEC. 1459.\25\ UNITED STATES-MEXICO JOINT AGRICULTURAL RESEARCH.

        (a) Research and Development Program.--The Secretary may
    provide for an agricultural research and development program
    with the United States/Mexico Foundation for Science. The
    program shall focus on binational problems facing agricultural
    producers and consumers in the 2 countries, in particular
    pressing problems in the areas of food safety, plant and animal
    pest control, and the natural resources base on which
    agriculture depends.
    ---------------------------------------------------------------------------
        \25\ 7 U.S.C. 3292a. Added by sec. 228 of Public Law 105-185 (112
    Stat. 545).
    ---------------------------------------------------------------------------
        (b) Administration.--Grants under the research and
    development program shall be awarded competitively through the
    Foundation.
        (c) Matching Requirements.--The provision of funds to the
    Foundation by the United States Government shall be subject to
    the condition that the Government of Mexico match, on at least
    a dollar-for-dollar basis, any funds provided by the United
    States Government.
        (d) Limitation on Use of Funds.--Funds provided under this
    section may not be used for the planning, repair,
    rehabilitation, acquisition, or construction of a building or
    facility.

    SEC. 1459A.\26\ COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL
                        SCIENCE AND EDUCATION PROGRAMS.

        (a) Competitive Grants Authorized.--The Secretary may make
    competitive grants to colleges and universities in order to
    strengthen United States economic competitiveness and to
    promote international market development.
    ---------------------------------------------------------------------------
        \26\ 7 USC 3292b. Added by sec. 229 of Public Law 105-185 (112
    Stat. 545).
    ---------------------------------------------------------------------------
        (b) Purpose of Grants.--Grants under this section shall be
    directed to agricultural research, extension, and teaching
    activities that will--
              (1) enhance the international content of the
            curricula in colleges and universities so as to ensure
            that United States students acquire an understanding of
            the international dimensions and trade implications of
            their studies;
              (2) ensure that United States scientists, extension
            agents, and educators involved in agricultural research
            and development activities outside of the United States
            have the opportunity to convey the implications of
            their activities and findings to their peers and
            students in the United States and to the users of
            agricultural research, extension, and teaching;
              (3) enhance the capabilities of colleges and
            universities to do collaborative research with other
            countries, in cooperation with other Federal agencies,
            on issues relevant to United States agricultural
            competitiveness;
              (4) enhance the capabilities of colleges and
            universities to provide cooperative extension education
            to promote the application of new technology developed
            in foreign countries to United States agriculture; and
              (5) enhance the capability of United States colleges
            and universities, in cooperation with other Federal
            agencies, to provide leadership and educational
            programs that will assist United States natural
            resources and food production, processing, and
            distribution businesses and industries to compete
            internationally, including product market
            identification, international policies limiting or
            enhancing market production, development of new or
            enhancement of existing markets, and production
            efficiencies.
        (c) Authorization of Appropriations.--There are authorized
    to be appropriated such sums as are necessary to carry out this
    section for each of fiscal years 1999 through 2007.\27\
    ---------------------------------------------------------------------------
        \27\ Sec. 7112 of the Farm Security and Rural Investment Act of
    2002 (Public Law 107-171; 116 Stat. 445) struck out ``2002'' and
    inserted in lieu thereof ``2007''.
                      5. Agriculture and Food Act of 1981

     Partial text of Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274; as
      amended by Public Law 98-412 [Agricultural Trade and Export Policy
      Commission Act, H.J. Res. 600], 98 Stat. 1576, approved August 30,
    1984; Public Law 99-198 [Food for Progress Act of 1985, H.R. 2100], 99
       Stat. 1354, approved December 23, 1985; Public Law 101-624 [Food,
     Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat.
         3359, approved November 28, 1990; Public Law 104-127 [Federal
     Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat.
                          888, approved April 4, 1996

       AN ACT To provide price and income protection for farmers, assure
    consumers an abundance of food and fiber at reasonable prices, continue
       food assistance to low-income households, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act, with the following table of contents, may be cited as the
    ``Agriculture and Food Act of 1981''.
              * * * * * * *

               TITLE XII--AGRICULTURAL EXPORTS AND PUBLIC LAW 480

                     Subtitle A--General Export Provisions

                   agricultural export credit revolving fund

        Sec. 1201.\1\ * * *
    ---------------------------------------------------------------------------
        \1\ Sec. 1201 amended sec. 4 of the Food for Peace Act of 1966
    (Public Law 89-808) by adding a new subsec. (d) which established the
    Agricultural Export Credit Revolving Fund.
    ---------------------------------------------------------------------------

      congressional consultation on bilateral commodity supply agreements

        Sec. 1202.\2\ As soon as practicable before the Government
    of the United States enters into any bilateral international
    agreement, other than a treaty, involving a commitment on the
    part of the United States to assure access by a foreign country
    or instrumentality thereof to United States agricultural
    commodities or products thereof on a commercial basis, the
    President is encouraged to notify and consult with the
    appropriate committees of Congress for the purpose of setting
    forth in detail the terms of and reasons for negotiating such
    agreement.
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 1736h.
    ---------------------------------------------------------------------------

                     special standby export subsidy program

        Sec. 1203.\3\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \3\ Secs. 1203, 1204, and 1205 (7 U.S.C. 1736i, 1736j, 1736k) were
    repealed by sec. 1573 of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (Public Law 101-624; 104 Stat. 3702).
    ---------------------------------------------------------------------------

                        agricultural embargo protection

        Sec. 1204.\3\ * * * [Repealed--1990]

    development of plans to alleviate adverse impact of export embargoes on
                            agricultural commodities

        Sec. 1205.\3\ * * * [Repealed--1990]

                        consultation on grain marketing

        Sec. 1206.\4\ Congress encourages the Secretary of
    Agriculture, in coordination with other appropriate Federal
    departments and agencies, to continue to consult with
    representatives of other major grain exporting nations toward
    the goal of establishing more orderly marketing of grain and
    achieving higher farm income for producers of grain.
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1736l.
    ---------------------------------------------------------------------------
        Sec. 1207.\5\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \5\ Formerly at 7 U.S.C. 1736m. Sec. 1207, expressing sense of the
    Congress regarding the expansion of international markets for U.S.
    agricultural commodities and products, was repealed by sec. 266 of
    Public Law 104-127 (110 Stat. 974).
    ---------------------------------------------------------------------------
        Sec. 1208.\6\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \6\ Formerly at 7 U.S.C. 1736n. Sec. 226 of Public Law 104-127 (110
    Stat. 962) repealed sec. 1208, which had, in part, required the
    Secretary of Agriculture to report annually on efforts being made to
    make available protein byproducts derived from alcohol fuel production.
    ---------------------------------------------------------------------------

                        exemption for protein byproducts

        Sec. 1209.\7\ * * *
    ---------------------------------------------------------------------------
        \7\ Sec. 1209 amended the Act entitled ``An Act authorizing
    Commodity Credit Corporation to purchase flour and cornmeal and
    donating same for certain domestic and foreign purposes'' (7 U.S.C.
    1431 note).
        \8\ Subtitle B amended Public Law 480.
    ---------------------------------------------------------------------------

                         Subtitle B--Public Law 480 \8\

    self-help measures to increase agricultural production; verification of
                              self-help provisions

              * * * * * * *

      Subtitle C--Agricultural Trade and Export Policy Commission Act \9\

                                  short title

        Sec. 1217.\9\ This subtitle may be cited as the
    ``Agricultural Trade and Export Policy Commission Act''.
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 1691 note. Public Law 98-412 (98 Stat. 1576) added
    subtitle C (secs. 1217 through 1223).
    ---------------------------------------------------------------------------

                       findings and declaration of policy

        Sec. 1218.\9\ (a) Congress finds that--
              (1) the economic well-being of the Nation's
            agricultural industry is directly related to its
            ability to compete in international markets; and
              (2) a thorough examination of agriculture-related
            trade and export policies, programs, and practices of
            the United States is needed to ensure that such
            policies, programs, and practices increase the
            competitiveness of United States agricultural
            commodities and products in international markets.
        (b) It is hereby declared to be the policy of Congress to
    expand international trade in United States agricultural
    commodities and products and to develop, maintain, and expand
    markets for United States agricultural exports.

                                 establishment

        Sec. 1219.\9\ (a) There is established a National
    Commission on Agricultural Trade and Export Policy to conduct a
    study of the agriculture-related trade and export policies,
    programs, and practices of the United States.
        (b) In addition to the ex officio congressional members
    specified in subsection (c) of this section, the Commission
    shall be composed of twenty-three members appointed or
    designated by the President and selected as follows:
              (1) The President shall select three members from
            among officers or employees of the Executive branch who
            shall serve in an ex officio capacity without voting
            rights; and
              (2) The President pro tempore of the Senate and the
            Speaker of the House of Representatives shall each
            select then members from among private citizens of the
            United States to represent industries that are directly
            affected by agriculture-related trade and export
            policies, programs, and practices of the United States,
            including, but not limited to, the following:
                      (A) producers of major agricultural
                    commodities in the United States;
                      (B) processors or refiners of United States
                    agricultural commodities;
                      (C) exporters, transporters, or shippers of
                    United States agricultural commodities and
                    products to foreign countries;
                      (D) suppliers of production equipment or
                    materials to United States farmers;
                      (E) providers of financing or credit for
                    domestic and export agricultural purposes; and
                      (F) organizations representing general farm
                    and rural interests in the United States.
        (c) The chairmen and ranking minority members of the House
    Committee on Agriculture, the Senate Committee on Agriculture,
    Nutrition, and Forestry, the House Committee on Foreign
    Affairs,\10\ the Senate Committee on Foreign Relations, the
    House Committee on Ways and Means, and the Senate Committee on
    Finance shall serve as ex officio members of the Commission and
    shall have the same voting rights as the members of the
    Commission selected and appointed under the provisions of
    subsection (b)(2) of this section. The chairmen and ranking
    minority members may designate other members of their
    respective committees to serve in their stead as members of the
    Commission.
    ---------------------------------------------------------------------------
        \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (d) A vacancy in the Commission shall be filled in the
    manner in which the original appointment was made.
        (e) The Commission shall elect a chairman from among the
    members of the Commission who are selected and appointed under
    the provisions of subsection (b)(2) of this section.
        (f) The Commission shall meet at the call of the chairman
    or a majority of the Commission.

                                conduct of study

        Sec. 1220.\9\ The Commission shall study the agriculture-
    related trade and export policies, programs, and practices of
    the United States and the international and domestic factors
    affecting such policies, programs, and practices, including the
    intergovernmental activities of the United States that affect
    the formulation of policies. In conducting the study, the
    Commission shall consider, among other things, the following:
              (1) the effectiveness of existing agricultural export
            assistance programs, and the manner in which they can
            be improved;
              (2) new export assistance programs that should be
            considered, and the conditions under which they can be
            implemented;
              (3) practices of foreign countries that impede the
            export of United States agricultural commodities and
            products, and appropriate responses for the United
            States;
              (4) the effectiveness of the trade agreements program
            of the United States with respect to agriculture-
            related trade and exports, and the manner in which it
            can be improved;
              (5) international economic trends that affect
            agricultural exports, and the manner in which the
            United States can best adjust its policies, programs,
            and practices to meet changing economic conditions;
              (6) potential areas of conflict and compatibility
            between international agricultural trade and foreign
            food assistance programs, and the manner in which any
            conflict can be resolved; and
              (7) the relationship between international
            agricultural trade and foreign economic development and
            food programs, and the manner in which they can be made
            more compatible.

                          recommendations and reports

        Sec. 1221.\9\ (a) On the basis of its study, the Commission
    shall make findings and develop recommendations for
    consideration by the President and Congress with respect to the
    agriculture-related trade and export policies, programs, and
    practices of the United States, and the manner in which such
    policies, programs, and practices can be improved to better
    develop, maintain and expand markets for United States
    agricultural exports.
        (b) The Commission shall submit to the President and
    Congress--
              (1) a report containing its initial findings and
            recommendations by March 31, 1985,
              (2) such additional interim reports on its work as
            may be requested by the chairman of any of the
            Committees set forth in section 1219(c) of this
            subtitle, and
              (3) a report containing the final results of its
            study and its recommendations therefrom by July 1,
            1986.

                                 administration

        Sec. 1222.\9\ (a) The heads of Executive agencies, the
    General Accounting Office,\10\ the International Trade
    Commission, and the Congressional Budget Office shall, to the
    extent permitted by law, provide the Commission such
    information as it may require in carrying out its duties and
    functions.
    ---------------------------------------------------------------------------
        \10\ 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.''.
    ---------------------------------------------------------------------------
        (b) Members of the Commission shall serve without any
    additional compensation for work on the Commission. However,
    members appointed from among private citizens of the United
    States may be allowed travel expenses, including per diem in
    lieu of subsistence, as authorized by law for persons serving
    intermittently in the government service under sections 5701
    through 5707 of title 5, United States Code.
        (c) To the extent there are sufficient funds available to
    the Commission in advance under section 1223 of this subtitle,
    and subject to such rules as may be adopted by the Commission,
    the chairman, without regard to the provisions of title 5,
    United States Code, governing appointments in the competitive
    service and without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of such title relating to
    classification and General Schedule pay rates, shall have the
    power to--
              (1) appoint and fix the compensation of a director;
            and
              (2) appoint and fix the compensation of such
            additional staff personnel as the Commission determines
            necessary to carry out its duties and functions.
        (d) Upon request of the Commission, the Secretary of
    Agriculture shall furnish the Commission with such personnel
    and support services as are necessary to assist the Commission
    in carrying out its duties and functions.
        (e) Upon request of the Commission, the heads of other
    Executive agencies and the General Accounting Office \10\ are
    each authorized to furnish the Commission with such personnel
    and support services as the head of the agency or office and
    the chairman of the Commission agree are necessary to assist
    the Commission in carrying out its duties and functions.
        (f) The Commission shall not be required to pay or
    reimburse any agency or office for personnel and support
    services provided under this section.
        (g) In accordance with section 12 of the Federal Advisory
    Committee Act, the Secretary of Agriculture shall maintain such
    financial records as will fully disclose the disposition of any
    funds that may be at the disposal of the Commission and the
    nature and extent of its activities, and the Comptroller
    General of the United States, or any of the Comptroller
    General's authorized representatives, shall have access to such
    records for the purpose of audit and examination.
        (h) The Commission shall be exempt from section 7(d),
    section 10(e), section 10(f), and section 14 of the Federal
    Advisory Committee Act.
        (i) The Commission shall be exempt from the requirements of
    sections 4301 through 4305 of title 5, United States Code.

                                 public support

        Sec. 1223.\9\ (a) Following the appointment or designation
    of the members of the Commission, notwithstanding the
    provisions of section 1342 of title 31, United States Code, the
    Secretary of Agriculture may receive, from persons,
    corporations, foundations, and all other groups and entities
    within the United States, contributions of money and services
    to assist the Commission in carrying out its duties and
    functions. Any money contributed under this section shall be
    available to the Commission for the payment of salaries, travel
    expenses, per diem, and other expenses incurred by the
    Commission under this subtitle. In no event may the
    contributions from any one person, corporation, foundation, or
    other group or entity exceed 5 per centum of the Commission's
    total budget.
        (b) If the contributions provided under subsection (a) are
    insufficient for payment of Commission salaries, travel
    expenses, per diem, and other expenses incurred by the
    Commission under this subtitle, the Secretary of Agriculture is
    authorized to use the funds of the Commodity Credit Corporation
    for such purposes in an amount not to exceed a total of
    $1,000,000.
        (c) The Secretary of Agriculture shall keep, and shall make
    available for public inspection during normal business hours,
    records that fully disclose a complete list of every person,
    group, and entity making a contribution under this section, the
    address of the contributor, the amount and type of each such
    contribution, and the date the contribution was made.
        (d) Any amount of money available to the Commission under
    this section that remains unobligated upon termination of the
    Commission shall be deposited in the Treasury as miscellaneous
    receipts.

                                  termination

        Sec. 1224.\9\ The Commission shall terminate sixty days
    after the transmission of its final report to the President and
    Congress.
             6. International Carriage of Perishable Foodstuffs Act

      Public Law 97-325 [H.R. 6164], 96 Stat. 1603, approved October 15,
    1982; amended by Public Law 103-354 [Federal Crop Insurance Reform and
     Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108
                     Stat. 3178, approved October 13, 1994

       AN ACT To authorize the Secretary of Agriculture to implement the
    Agreement on the International Carriage of Perishable Foodstuffs and on
    the Special Equipment to be Used for Such Carriage (ATP), and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``International Carriage of Perishable
    Foodstuffs Act''.

                              findings and purpose

        Sec. 2.\1\ Congress hereby finds and declares that--
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 4401.
    ---------------------------------------------------------------------------
              (1) the United States, as a member of the Economic
            Commission for Europe of the United Nations,
            participated in development by that Commission of the
            Agreement on the International Carriage of Perishable
            Foodstuffs and on the Special Equipment to be Used for
            Such Carriage;
              (2) the agreement requires that equipment involved in
            the international carriage of perishable foodstuffs be
            inspected, tested, and certified to specified
            standards;
              (3) this Act will make it possible for equipment in
            the United States to be inspected, tested, and
            certified in accordance with the agreement and the
            standards specified therein; and
              (4) this Act will improve the conditions for the
            movement of perishable foodstuffs in international
            carriage in equipment owned or operated by United
            States firms, which will serve to protect existing
            trade and promote expansion of trade in perishable
            foodstuffs, and will improve the sale of United States
            manufactured equipment for use in international
            carriage.

                                  definitions

        Sec. 3.\2\ As used in this Act--
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 4402.
    ---------------------------------------------------------------------------
              (1) The term ``agreement'' means the Agreement on the
            International Carriage of Perishable Foodstuffs and on
            the Special Equipment to be Used for Such Carriage, and
            the annexes and the appendices thereto, done at Geneva,
            September 1, 1970, under the auspices of the Economic
            Commission for Europe of the United Nations.
              (2) The term ``contracting party'' means any country
            that is eligible under article 9 of the agreement and
            that has complied with the terms of such article.
              (3) The term ``equipment'' means the special
            transport equipment that complies with the definitions
            and standards set forth in annex 1 to the agreement,
            including, but not limited to, railway cars, trucks,
            trailers, semitrailers, and intermodal freight
            containers that are insulated only, or insulated and
            equipped with a refrigerating, mechanically
            refrigerating, or heating appliance.
              (4) The term ``perishable foodstuffs'' means quick
            deep-frozen and frozen food products listed in annex 2
            and food products listed in annex 3 to the agreement.
              (5) The term ``international carriage'' means
            transportation of perishable foodstuffs if such
            foodstuffs are loaded in equipment or the equipment
            containing them is loaded onto a rail or road vehicle,
            in the territory of any country and such foodstuffs
            are, or the equipment containing them is, unloaded in
            the territory of another country that is a contracting
            party, where such transportation is by--
                      (A) rail,
                      (B) road,
                      (C) any combination of rail and road, or
                      (D) any sea crossing of less than one hundred
                    and fifty kilometers, if preceded or followed
                    by one or more land journeys as referred to in
                    clauses (A), (B), and (C) of this paragraph,
                    and the perishable foodstuffs are shipped in
                    the same equipment used for such land journeys
                    without transloading of such foodstuffs.
            In the case of any transportation that involves one or
            more sea crossings other than as specified in clause
            (D) of this paragraph, each land journey shall be
            considered separately.
              (6) The term ``United States'' means the fifty States
            of the United States, the District of Columbia, the
            Commonwealth of Puerto Rico, Guam, American Samoa, the
            Virgin Islands of the United States, the Commonwealth
            of the Northern Mariana Islands, and any other
            territory or possession of the United States.

                     duties of the secretary of agriculture

        Sec. 4.\3\ The Secretary of Agriculture of the United
    States shall be the competent authority to implement the
    agreement. To ensure compliance with the standards specified in
    the agreement, the Secretary of Agriculture may--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 4403.
    ---------------------------------------------------------------------------
              (1) designate appropriate organizations to inspect or
            test equipment, or both;
              (2) issue certificates of compliance in accordance
            with annex 1, appendix 1, paragraph 4 of the agreement;
              (3) prescribe such regulations as may be necessary to
            implement the agreement and administer this Act,
            including, but not limited to, provision for suspending
            or denying the designation of any organization to
            inspect or test equipment and for denying the issuance
            of certificates of compliance as may be necessary to
            ensure compliance with the provisions of this Act and
            the regulations issued thereunder;
              (4) make periodic onsite inspections of facilities
            and procedures used by those seeking certificates of
            compliance and by organizations designated to test or
            inspect equipment under this Act;
              (5) require submission of reports by those seeking
            certificates of compliance and by organizations
            designated to test or inspect equipment under this Act;
              (6) require maintenance of records by those seeking
            certificates of compliance and by organizations
            designated to test or inspect equipment under this Act,
            such records to be made available to the Secretary upon
            request;
              (7) inform contracting parties, through the Secretary
            of State of the United States, of all general measures
            taken in connection with the implementation of the
            agreement; and
              (8) take such other action as may be considered
            appropriate to implement the agreement and administer
            this Act.

                        duties of the secretary of state

        Sec. 5.\4\ The Secretary of State, with the concurrence of
    the Secretary of Agriculture, may take such action as may be
    considered appropriate to assert and protect the rights of the
    United States under the agreement.
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 4404.
    ---------------------------------------------------------------------------

                 fees for testing, inspection or certification

        Sec. 6.\5\ (a) Any organization designated by the Secretary
    of Agriculture to test or inspect equipment may establish
    reasonable fees to cover the costs of such testing or
    inspection. Such fees shall be payable directly to the
    organization by those seeking inspection or testing.
    ---------------------------------------------------------------------------
        \5\ 7 U.S.C. 4405.
    ---------------------------------------------------------------------------
        (b) The Secretary of Agriculture may, effective October 1,
    1982, fix and cause to be collected reasonable fees to cover,
    as nearly as practicable, the costs to the Department of
    Agriculture incurred in connection with the issuance of
    certificates of compliance as provided under section 4(2) of
    this Act. All fees collected shall be credited to the current
    appropriation account that incurs the cost and shall be
    available without fiscal year limitation to pay the expenses of
    the Secretary of Agriculture incident to the issuance of
    certificates of compliance under this Act.

                        authorization for appropriations

        Sec. 7.\6\ There are authorized to be appropriated to the
    Secretary of Agriculture for the fiscal year beginning October
    1, 1982, and for each fiscal year thereafter, such sums as are
    necessary to carry out the provisions of this Act, but not to
    exceed $100,000 in any fiscal year.
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 4406.
    ---------------------------------------------------------------------------

                       assistant secretary of agriculture

        Sec. 8.\7\ * * * [Repealed--1994]
    ---------------------------------------------------------------------------
        \7\ Formerly at 7 U.S.C. 2212c. Sec. 218 of the Department of
    Agriculture Reorganization Act of 1994 (Public Law 103-354; 108 Stat.
    3212) authorized the Secretary of Agriculture to establish Assistant
    Secretaries for Congressional Relations, Administration, and Marketing
    and Regulatory Programs, and repealed sections in law superseded by
    such authorization. See 7 U.S.C. 6918.
    ---------------------------------------------------------------------------

                7. Pesticide Monitoring Improvements Act of 1988

      Partial text of Title IV of Public Law 100-418 [H.R. 4848], 102 Stat.
                     1107 at 1411, approved August 23, 1988

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

              * * * * * * *

                 Subtitle G--Pesticide Monitoring Improvements

    SEC. 4701.\1\ SHORT TITLE.

      This subtitle may be cited as the ``Pesticide Monitoring
    Improvements Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 21 U.S.C. 1401 note.
    ---------------------------------------------------------------------------

    SEC. 4702. * * *

    SEC. 4703.\2\ FOREIGN PESTICIDE INFORMATION.

      (a) Cooperative Agreements.--The Secretary of Health and
    Human Services shall enter into cooperative agreements with the
    governments of the countries which are the major sources of
    food imports into the United States subject to pesticide
    residue monitoring by the Food and Drug Administration for the
    purpose of improving the ability of the Food and Drug
    Administration to assure compliance with the pesticide
    tolerance requirements of the Federal Food, Drug, and Cosmetic
    Act with regard to imported food.
    ---------------------------------------------------------------------------
        \2\ 21 U.S.C. 1402.
    ---------------------------------------------------------------------------
      (b) Information Activities.--
              (1) The cooperative agreements entered into under
            subsection (a) with governments of foreign countries
            shall specify the action to be taken by the parties to
            the agreements to accomplish the purpose described in
            subsection (a), including the means by which the
            governments of the foreign countries will provide to
            the Secretary of Health and Human Services current
            information identifying each of the pesticides used in
            the production, transportation, and storage of food
            products imported from production regions of such
            countries into the United States.
              (2) In the case of a foreign country with which the
            Secretary is unable to enter into an agreement under
            subsection (a) or for which the information provided
            under paragraph (1) is insufficient to assure an
            effective pesticide monitoring program, the Secretary
            shall, to the extent practicable, obtain the
            information described in paragraph (1) with respect to
            such country from other Federal or international
            agencies or private sources.
              (3) The Secretary of Health and Human Services shall
            assure that appropriate offices of the Food and Drug
            Administration which are engaged in the monitoring of
            imported food for pesticide residues receive the
            information obtained under paragraph (1) or (2).
              (4) The Secretary of Health and Human Services shall
            make available any information obtained under paragraph
            (1) or (2) to State agencies engaged in the monitoring
            of imported food for pesticide residues other than
            information obtained from private sources the
            disclosure of which to such agencies is restricted.
      (c) Coordination With Other Agencies.--The Secretary of
    Health and Human Services shall--
              (1) notify in writing the Department of Agriculture,
            the Environmental Protection Agency, and the Department
            of State at the initiation of negotiations with a
            foreign country to develop a cooperative agreement
            under subsection (a); and
              (2) coordinate the activities of the Department of
            Health and Human Services with the activities of those
            departments and agencies, as appropriate, during the
            course of such negotiations.
      (d) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Health and Human
    Services shall report to the Committee on Agriculture,
    Nutrition, and Forestry and the Committee on Labor and Human
    Resources of the Senate and the House of Representatives on the
    activities undertaken by the Secretary to implement this
    section. The report shall be made available to appropriate
    Federal and State agencies and to interested persons.
              * * * * * * *
    =======================================================================

                               C. THE PEACE CORPS

                                    CONTENTS

                                                                       Page

     1. The Peace Corps Act, as amended (Public Law 87-293)..........  1565
     2. Establishment of the Peace Corps as an Independent Agency
        (Public Law 97-113) (partial text)...........................  1595
     3. Paul D. Coverdell Programs...................................  1598
          a. Paul D. Coverdell Peace Corps Headquarters (Public Law
              107-21)................................................  1598
          b. Paul D. Coverdell World Wise Schools Act of 2000 (Public
              Law 106-570) (partial text)............................  1599
          c. Paul D. Coverdell Fellows Program Act of 2000 (Public
              Law 106-309) (partial text)............................  1601
     4. Peace Corps Reauthorization..................................  1602
          a. Peace Corps Authorization for Fiscal Years 1994 and 1995
              (Public Law 103-236) (partial text)....................  1602
          b. Peace Corps Authorization for Fiscal Year 1993 (Public
              Law 102-565) (partial text)............................  1603
          c. Peace Corps Authorization for Fiscal Years 1986 and 1987
              (Public Law 99-83) (partial text)......................  1606
     5. Independent Implementing Provisions of Public Law 89-134.....  1608
     6. Higher Education Amendments of 1986 (Public Law 99-498)
        (partial text)...............................................  1610
     7. National and Community Service Act of 1990 (Public Law 101-
        610) (partial text)..........................................  1611
     8. The Peace Corps--Establishment as Agency Within ACTION
        (Executive Order 12137)......................................  1619
     9. Providing for the Appointment of Former Peace Corps
        Volunteers to the Civilian Civil Service (Executive Order
        11103).......................................................  1624

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

              The Peace Corps was initially established pursuant to
            Executive Order 10924, March 1, 1961, 26 F.R. 1789, as
            an agency in the Department of State, under authority
            of the Mutual Security Act of 1954, as amended.
            Pursuant to that order, Department of State Delegation
            of Authority No. 85-11, March 3, 1961, 26 F.R. 2196,
            and Department of State Redelegation of Authority No.
            85-10B, March 4, 1961, 26 F.R. 2196, the Peace Corps
            was empowered to exercise authority under section
            400(a) of the Mutual Security Act of 1954, as amended
            (``Special Assistance''), and under certain other
            provisions of that act. Its operations were funded from
            appropriations available under the Mutual Security Act
            and Mutual Security Program funds appropriated by the
            joint resolution making temporary appropriations for
            fiscal year 1962. The authorities, functions, offices,
            personnel, property, records, and funds available to
            the Peace Corps were preserved, pending enactment of
            the Peace Corps Act, by section 643(d) of the Foreign
            Assistance Act of 1961, notwithstanding the repeal by
            that act of much of the Mutual Security Act of 1954, as
            amended. Section 643(d) was repealed by the Foreign
            Assistance Act of 1962. Pursuant to Executive Order
            11603 of July 1, 1971 (36 F.R. 12675), the Peace Corps
            was transferred to the agency created by Reorganization
            Plan No. 1 of 1971 and designated as ACTION. The ACTION
            Agency was established by law under Title IV of the
            Domestic Volunteer Service Act of 1973. Executive Order
            12137 of May 16, 1979 superseded Executive Order 11603
            but continued the policy of the Peace Corps operating
            as an agency within ACTION. Sec. 601 of the
            International Security and Development Cooperation Act
            of 1981 (Public Law 97-113), in amending the Peace
            Corps Act, removed the Peace Corps from ACTION and
            established the Peace Corps as an independent agency
            within the executive branch, effective December 29,
            1981. All functions relating to the Peace Corps
            previously vested in the Director of ACTION were
            transferred to the Director of the Peace Corps on the
            day before the effective date.

                       1. The Peace Corps Act, as amended

       Public Law 87-293 [H.R. 7500], 75 Stat. 612, 22 U.S.C. 2501-2523,
      approved September 22, 1961; as amended by Public Law 87-442 [H.R.
     10700], 76 Stat. 62, approved April 27, 1962; Public Law 87-793 [H.R.
    7927], 76 Stat. 632, approved October 11, 1962; Public Law 88-200 [H.R.
    9009], 77 Stat. 359, approved December 13, 1963; Public Law 88-285 [S.
     2455], 78 Stat. 166, approved March 17, 1965; Public Law 88-426 [H.R.
    11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R.
     7381], 78 Stat. 484, approved August 19, 1964; Public Law 89-134 [S.
     2054], 79 Stat. 59, approved August 24, 1965; Public Law 89-554 [H.R.
    10104], 80 Stat. 378, approved September 6, 1966; Public Law 89-572 [S.
    3418], 80 Stat. 764, approved September 13, 1966; Public Law 90-175 [S.
     1031], 81 Stat. 542, approved December 5, 1967; Public Law 90-362 [S.
      2914], 82 Stat. 250, approved June 27, 1968; Public Law 91-99 [H.R.
    11039], 83 Stat. 166, approved October 29, 1969; Public Law 91-352 [S.
      3430], 84 Stat. 464, approved July 24, 1970; Public Law 92-135 [S.
    2260], 85 Stat. 376, approved October 8, 1971; Public Law 92-352 [H.R.
     14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-49 [H.R.
      5293], 87 Stat. 99, approved June 25, 1973; Public Law 93-302 [H.R.
     12920], 88 Stat. 191, approved June 1, 1974; Public Law 94-130 [H.R.
    6334], 89 Stat. 684, approved November 14, 1975; Public Law 94-274 [S.
      2444], 90 Stat. 383, approved April 21, 1976; by Public Law 94-281
    [H.R. 12226], 90 Stat. 458, approved May 7, 1976; Public Law 95-102 [S.
     1235] 91 Stat. 841, approved August 15, 1977; Public Law 95-331 [H.R.
        11877], 92 Stat. 414, approved August 2, 1978; Public Law 96-53
      [International Development Cooperation Act of 1979; H.R. 3324], 93
    Stat. 359 at 370, approved August 14, 1979; Public Law 96-465 [Foreign
       Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2157 and 2160,
     approved October 17, 1980; Public Law 96-533 [International Security
     and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at
      3155, approved December 16, 1980; Public Law 97-113 [International
     Security and Development Cooperation Act of 1981; S. 1196], 95 Stat.
    1519 at 1540, approved December 29, 1981; Public Law 97-387 [S. 2611],
         96 Stat. 1947, approved December 23, 1982; Public Law 98-473
     [Continuing Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837,
    approved October 12, 1984; by Public Law 99-83 [International Security
    and Development Cooperation Act of 1985; S. 960], 99 Stat. 190 at 272,
       approved August 8, 1985, by Public Law 99-399 [Omnibus Diplomatic
      Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 897,
    approved August 27, 1986; Public Law 100-202 [Continuing Appropriations
      Act for Fiscal Year 1988; H.J. Res. 395], 101 Stat. 1329, approved
     December 22, 1987; Public Law 102-511 [FREEDOM Support Act; S. 2532],
       106 Stat. 3320, approved October 24, 1992; Public Law 102-565 [S.
      3309], 106 Stat. 4265, approved October 28, 1992; Public Law 103-82
      [National and Community Service Trust Act of 1993; H.R. 2010], 107
      Stat. 785, approved September 21, 1993; Public Law 103-236 [Foreign
     Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
      108 Stat. 382, approved April 30, 1994; Public Law 104-208 [Omnibus
      Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
       approved September 30, 1996; Public Law 105-12 [Assisted Suicide
      Funding Restriction Act of 1997; H.R. 1003], 111 Stat. 23, approved
     April 30, 1997; Public Law 106-30 [H.R. 669], 113 Stat. 55, approved
    May 21, 1999; and by Public Law 107-107 [National Defense Authorization
     Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December
                                    28, 2001

     AN ACT To provide for a Peace Corps to help the peoples of interested
        countries and areas in meeting their needs for skilled manpower.

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

                            TITLE I--THE PEACE CORPS

                                  short title

        Section 1.\1\ This Act may be cited as the ``Peace Corps
    Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2501 note.
    ---------------------------------------------------------------------------

                             declaration of purpose

        Sec. 2.\2\ (a) \3\ The Congress of the United States
    declares that it is the policy of the United States and the
    purpose of this Act to promote world peace and friendship
    through a Peace Corps, which shall make available to interested
    countries and areas men and women of the United States
    qualified for service abroad and willing to serve, under
    conditions of hardship if necessary, to help the peoples of
    such countries and areas in meeting their needs for trained
    manpower, particularly in meeting the basic needs of those
    living in the poorest areas of such countries,\4\ and to help
    promote a better understanding of the American people on the
    part of the peoples served and a better understanding of other
    peoples on the part of the American people.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2501.
        \3\ The subsec. designation ``(a)'' and a new subsec. (b) were
    added by sec. 1102(a) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272).
        \4\ Sec. 2 of Public Law 95-331 (92 Stat. 414) inserted
    ``particularly in meeting the basic needs of those living in the
    poorest areas of such countries''.
    ---------------------------------------------------------------------------
        (b) \3\ The Congress declares that it is the policy of the
    United States and a purpose of the Peace Corps to maintain, to
    the maximum extent appropriate and consistent with programmatic
    and fiscal considerations, a volunteer corps of at least 10,000
    individuals.

                      peace corps as an independent agency

        Sec. 2A.\5\ Effective on the date of the enactment of the
    International Security and Development Cooperation Act of 1981,
    the Peace Corps shall be an independent agency within the
    executive branch and shall not be an agency within the ACTION
    Agency, the successor to the ACTION Agency,\6\ or any other
    department or agency of the United States.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2501-1; added by sec. 601(a) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1540). For additional information concerning the establishment of
    the Peace Corps as an independent agency, see sec. 601 of Public Law
    97-113.
        \6\ Sec. 405(e) of the National and Community Service Trust Act of
    1993 (Public Law 103-82; 107 Stat. 921) inserted ``, the successor to
    the ACTION Agency,'' after ``the ACTION Agency''.
    ---------------------------------------------------------------------------

                                 authorization

        Sec. 3.\7\ (a) The President is authorized to carry out
    programs in furtherance of the purposes of this Act, on such
    terms and conditions as he may determine.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2502.
    ---------------------------------------------------------------------------
        (b) \8\ (1) There are authorized to be appropriated to
    carry out the purposes of this Act $270,000,000 for fiscal year
    2000, $298,000,000 for fiscal year 2001, $327,000,000 for
    fiscal year 2002, and $365,000,000 for fiscal year 2003.
    ---------------------------------------------------------------------------
        \8\ Sec. 1 of Public Law 106-30 (113 Stat. 55) amended and restated
    subsec. (b). Sec. 601 of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (108 Stat. 490), without amending this
    section, authorized to be appropriated $219,745,000 for fiscal year
    1994 and $234,745,000 for fiscal year 1995 to carry out this Act.
    Previously, sec. 1 of Public Law 102-565 (106 Stat. 4265) amended and
    restated subsec. (b).
        Authorizations in prior years for the Peace Corps include: fiscal
    year 1976--$88,468,000; fiscal year 1977T--$27,887,800; fiscal year
    1977--$81,000,000; fiscal year 1978--$86,544,000 (increased from
    $82,900,000 by Public Law 95-331); fiscal year 1979--$112,424,000;
    fiscal year 1980--$105,404,000; fiscal year 1981--$118,000,000; fiscal
    year 1982--$105,000,000; fiscal year 1983--$105,000,000; fiscal year
    1984--$116,000,000; fiscal year 1985--none enacted; fiscal year 1986--
    $130,000,000; fiscal year 1987--$137,200,000; fiscal years 1988-1992--
    none enacted; fiscal year 1993--$218,146,000; fiscal year 1994--
    $219,745,000; fiscal year 1995--$234,745,000; fiscal years 1996-1999--
    none enacted; fiscal years 2004-2006--none enacted.
        Titles II and V of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
    Stat. 2184, 2195), provided the following:
    ---------------------------------------------------------------------------

    ``peace corps
    ---------------------------------------------------------------------------

        ``For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), 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.
    ---------------------------------------------------------------------------

    * * * * * * *

    ``limitation on representational allowances
    ---------------------------------------------------------------------------

        ``Sec. 505. Of the funds appropriated or made available pursuant to
    this Act, * * * Provided further, That of the funds made available by
    this Act for the Peace Corps, not to exceed a total of $4,000 shall be
    available for entertainment expenses:''.
        See also sec. 515, notification requirements (119 Stat. 2200), and
    sec. 532, authorities for Peace Corps, and other agencies (119 Stat.
    2208).
    ---------------------------------------------------------------------------
        (2) Amounts authorized to be appropriated under paragraph
    (1) for a fiscal year are authorized to remain available for
    that fiscal year and the subsequent fiscal year.
        (c) \9\ In addition to the amount authorized to be
    appropriated by subsection (b) to carry out the purposes of
    this Act, there are authorized to be appropriated for increases
    in salary, pay, retirement, or other employee benefits
    authorized by law, each fiscal year,\10\ such sums as may be
    necessary.
    ---------------------------------------------------------------------------
        \9\ Sec. 2 of Public Law 93-302 (88 Stat. 191) added subsec. (c).
    It was subsequently amended by sec. 2 of Public Law 94-130, sec. 2 of
    Public Law 94-281, and Public Law 95-102 (91 Stat. 841).
        \10\ The reference to ``each fiscal year'' was inserted in lieu of
    a reference to fiscal year 1981 by sec. 602(b) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1542). Authorizations for prior years under this subsection
    included: fiscal years 1978--$1,069,000 (increased from $1,000,000 by
    Public Law 95-331; 92 Stat. 414); fiscal years 1979, 1980, and 1981--
    ``such sums as may be necessary''.
    ---------------------------------------------------------------------------
        (d) \11\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \11\ Sec. 601(e)(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542) repealed
    subsecs. (d), (e), and (f). Sec. 601(e)(2) of Public Law 97-113 further
    stated that such repeals shall not affect ``(A) the validity of any
    action taken before the date of the enactment of this Act [Dec. 29,
    1981] under those provisions of law repealed by that amendment, or (B)
    the liability of any person for any payment described in section 3(f)
    of the Peace Corps Act as in effect immediately before the date of the
    enactment of this Act.''. Subsec. (d), as added by sec. 2 of Public Law
    93-302 (88 Stat. 191) and amended by sec. 3 of Public Law 94-130 (89
    Stat. 684), had stipulated that the Director of ACTION should transfer
    by Dec. 31, 1975, $315,000 from the fiscal year 1976 appropriations to
    the readjustment allowance, ACTION, account at the Treasury Department
    in order to rectify the imbalance in the Peace Corps readjustment
    allowance account for the period Mar. 1, 1961, to Feb. 28, 1973.
    Subsec. (e), as added by sec. 2 of Public Law 93-302 (88 Stat. 191),
    had authorized the Director of ACTION to waive claims resulting from
    erroneous payments of readjustment allowances to Peace Corps volunteers
    who terminated their service between Mar. 1, 1961, and Feb. 28, 1973.
    Subsec. (f), also added by sec. 2 of Public Law 93-302 (88 Stat. 191),
    had relieved disbursing and certifying officers of the Peace Corps and
    ACTION from liability for improper or incorrect payment of readjustment
    allowances made to Volunteers between Mar. 1, 1961, and Feb. 28, 1973,
    except in the case of fraud.
    ---------------------------------------------------------------------------
        (e) \11\ * * * [Repealed--1981]
        (f) \11\ * * * [Repealed--1981]
        (d) \12\ In recognition of the fact that women in
    developing countries play a significant role in economic
    production, family support, and the overall development
    process, the Peace Corps shall be administered so as to give
    particular attention to those programs, projects, and
    activities which tend to integrate women into the national
    economics of developing countries, thus improving their status
    and assisting the total development effort.
    ---------------------------------------------------------------------------
        \12\ Subsec. (d), originally added as subsec. (g) by sec. 3(3) of
    Public Law 95-331 (92 Stat. 414), was redesignated as subsec. (d) by
    sec. 601(e)(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542).
    ---------------------------------------------------------------------------
        (h) \13\ In recognition of the fact that there are over
    400,000,000 disabled people in the world, 95 percent of whom
    are among the poorest of the poor, the Peace Corps shall be
    administered so as to give particular attention to programs,
    projects, and activities which tend to integrate disabled
    people into the national economies of developing countries,
    thus improving their status and assisting the total development
    effort.
    ---------------------------------------------------------------------------
        \13\ Sec. 603 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1542) added
    subsec. (h).
    ---------------------------------------------------------------------------

            director of the peace corps and delegation of functions

        Sec. 4.\14\ (a) The President may appoint, by and with the
    advice and consent of the Senate, a Director of the Peace Corps
    \15\ and a Deputy Director of the Peace Corps.\15\
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2503.
        \15\ Sec. 305(27) of the Government Employees Salary Reform Act of
    1964 (Public Law 88-426; 78 Stat. 426) repealed ``, whose compensation
    shall be fixed by the President at a rate not in excess of $20,000 per
    annum,'' and ``, whose compensation shall be fixed by the President at
    a rate not in excess of $19,500 per annum'', at these points,
    respectively.
    ---------------------------------------------------------------------------
        (b) \16\ The President may exercise any functions vested in
    him by this Act through the Director of the Peace Corps. The
    Director of the Peace Corps may promulgate such rules and
    regulations as he may deem necessary or appropriate to carry
    out such functions, and may delegate to any of his subordinates
    authority to perform any of such functions.
    ---------------------------------------------------------------------------
        \16\ Sec. 601(d)(1) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1541) inserted
    references in subsec. (b) to the Director of the Peace Corps in lieu of
    references to the head of any agency or any officer of the United
    States Government.
    ---------------------------------------------------------------------------
        (c)(1) Nothing contained in this Act shall be construed to
    infringe upon the powers or functions of the Secretary of
    State.
        (2) The President shall prescribe appropriate procedures to
    assure coordination of Peace Corps activities with other
    activities of the United States Government in each country,
    under the leadership of the chief of the United States
    diplomatic mission.
        (3) Under the direction of the President, the Secretary of
    State shall be responsible for the continuous supervision and
    general direction of the programs authorized by this Act, to
    the end that such programs are effectively integrated both at
    home and abroad and the foreign policy of the United States is
    best served thereby.
        (4) \17\ The Director of the Peace Corps may prescribe such
    regulations as may be necessary to assure that no individual
    performing service for the Peace Corps under any authority
    contained in this Act shall engage in any activity determined
    by the Director to be detrimental to the best interest of the
    United States.
    ---------------------------------------------------------------------------
        \17\ Sec. 2 of Public Law 91-352 (84 Stat. 426) added para. (4).
    The function prescribed in this paragraph was transferred to the
    President by sec. 2(b) of Reorganization Plan No. 1 of 1971.
    ---------------------------------------------------------------------------
        (d) Except with the approval of the Secretary of State, the
    Peace Corps shall not be assigned to perform services which
    could more usefully be performed by other available agencies of
    the United States Government in the country concerned.

                             peace corps volunteers

        Sec. 5.\18\ (a) The President may enroll in the Peace Corps
    for service abroad qualified citizens and nationals of the
    United States (referred to in this Act as ``volunteers''). The
    terms and conditions of the enrollment, training, compensation,
    hours of work, benefits, leave, termination, and all other
    terms and conditions of the service of volunteers shall be
    exclusively those set forth in this Act and those consistent
    therewith which the President may prescribe; and, except as
    provided in this Act, volunteers shall not be deemed officers
    or employees or otherwise in the service or employment of, or
    holding office under, the United States for any purpose. In
    carrying out this subsection there shall be no discrimination
    against any person on account of race, sex, creed, or
    color.\19\
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 2504. Sec. 4 of Public Law 94-130 (89 Stat. 684)
    added ``sex'' to the bases for nondiscrimination.
        \19\ Sec. 1105(b) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) struck out the
    prohibition that ``no political request shall be required to be taken
    into consideration'' from this sentence.
    ---------------------------------------------------------------------------
        (b) Volunteers shall be provided with such living, travel,
    and leave allowances, and such housing, transportation,
    supplies, equipment, subsistence, and clothing as the President
    may determine to be necessary for their maintenance and to
    insure their health and their capacity to serve effectively.
    Supplies or equipment provided volunteers to insure their
    capacity to serve effectively may be transferred to the
    government or to other entities of the country or area with
    which they have been serving, when no longer necessary for such
    purpose, and when such transfers would further the purposes of
    this Act.\20\ Transportation and travel allowances may also be
    provided in such circumstances as the President may determine,
    or applicants for enrollment to or from places of training and
    places of enrollment, and for former volunteers from places of
    termination to their homes in the United States.
    ---------------------------------------------------------------------------
        \20\ Sec. 2(a) of Public Law 88-200 (77 Stat. 359) added this
    sentence.
    ---------------------------------------------------------------------------
        (c) \21\ Volunteers shall be entitled to receive a
    readjustment allowance at a rate not less than $125 \22\ for
    each month of satisfactory service as determined by the
    President.\23\ The readjustment allowance of each volunteer
    shall be payable on his return to the United States: Provided,
    however, That, under such circumstances as the President may
    determine, the accrued readjustment allowance, or any part
    thereof, may be paid to the volunteer, members of his family or
    others, during the period of his service, or prior to his
    return to the United States. In the event of the volunteer's
    death during the period of his service, the amount of any
    unpaid readjustment allowance shall be paid in accordance with
    the provisions of section 5582(b) of title 5, United States
    Code. For purposes of the Internal Revenue Code of 1954 (26
    U.S.C.), a volunteer shall be deemed to be paid and to receive
    each amount of a readjustment allowance to which he is entitled
    after December 31, 1964, when such amount is transferred from
    funds made available under this Act to the fund from which such
    readjustment allowance is payable.
    ---------------------------------------------------------------------------
        \21\ Sec. 2(b) of Public Law 88-200 (77 Stat. 359) substituted this
    language, except for the final sentence, for former subsec. (c), which
    read as follows:
        ``(c) Volunteers shall be entitled to receive termination payments
    at a rate not to exceed $75 for each month of satisfactory service as
    determined by the President. The termination payment of each volunteer
    shall be payable at the termination of his service, or may be paid
    during the course of his service to the volunteer, to members of his
    family or to others, under such circumstances as the President may
    determine. In the event of the volunteer's death during the period of
    his service, the amount of any unpaid termination payment shall be paid
    in accordance with the provisions of section 61f of title 5 of the
    United States Code.''.
        The final sentence was added by sec. 2(a) of Public Law 89-134.
        \22\ Sec. 606 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1543) struck out
    ``not to exceed $125'' and inserted in lieu thereof ``not less than
    $125''.
        \23\ A phrase, which had been added by sec. 2(b) of Public Law 91-
    352 and had previously appeared at this point, was struck by sec. 4(1)
    of Public Law 95-331 (92 Stat. 414). It formerly read as follows:
    ``except that, in the cases of volunteers who have one or more minor
    children at the time of their entering a period of preenrollment
    training, one parent shall be entitled to receive a readjustment
    allowance at a rate not to exceed $125 for each month of satisfactory
    service as determined by the President.''.
    ---------------------------------------------------------------------------
        (d) \24\ * * * [Repealed--1966]
    ---------------------------------------------------------------------------
        \24\ Sec. 8(a) of Public Law 89-554 (80 Stat. 661) repealed subsec.
    (d), which related to Federal Employees' Compensation Act coverage and
    enacted a substantially identical provision at 5 U.S.C. 8142, which
    reads, amended, as follows:
        ``(a) For the purpose of this section, `volunteer' means--
    ---------------------------------------------------------------------------

      ``(1) a volunteer enrolled in the Peace Corps under section 2504 of title
    22;

      ``(2) a volunteer leader enrolled in the Peace Corps under section 2505
    of title 22;

      ``(3) an applicant for enrollment as a volunteer or volunteer leader
    during a period of training under section 2507(a)( of title 22 before
    enrollment.
    ---------------------------------------------------------------------------

        ``(b) Subject to the provisions of this section, this subchapter
    applies to a volunteer, except that entitlement to disability
    compensation payments does not commence until the day after the date of
    termination of his services as a volunteer.
        ``(c) For the purposes of this subchapter--
    ---------------------------------------------------------------------------

      ``(1) a volunteer is deemed receiving monthly pay at the minimum rate for
    GS-7;

      ``(2) a volunteer leader referred to by section 2505 of title 22, or a
    volunteer with one or more minor children as defined in section 2504 of
    title 22, is deemed receiving monthly pay at the minimum rate for GS-11;

      ``(3) an injury suffered by a volunteer when he is outside the several
    States and the District of Columbia is deemed proximately caused by his
    employment, unless the injury or disease is--

      ``(A) caused by willful misconduct of the volunteer;

      ``(B) caused by the volunteer's intention to bring about the injury or
    death of himself or of another; or

      ``(C) proximately caused by the intoxication of the injured volunteer;
    and

      ``(4) the period of service of an individual as a volunteer includes--

      ``(A) any period of training, under section 2507(a) of title 22 before
    enrollment as a volunteer; and

      ``(B) the period between enrollment as a volunteer and the termination of
    service as a volunteer by the President or by death or resignation.''.

        (e) \25\ Volunteers shall receive such health care during
    their service, applicants for enrollment shall receive such
    health examinations preparatory to their service, applicants
    for enrollment who have accepted an invitation to begin a
    period of training under section 8(a) of this Act shall receive
    such immunization and dental care preparatory to their service,
    and former volunteers shall receive such health examinations
    within six months after termination of their service, as the
    President may deem necessary or appropriate. Subject to such
    conditions as the President may prescribe, such health care may
    be provided in any facility of any agency of the United States
    Government, and in such cases the appropriation for maintaining
    and operating such facility shall be reimbursed from
    appropriations available under this Act. Health care may not be
    provided under this subsection in a manner inconsistent with
    the Assisted Suicide Funding Restriction Act of 1997.\26\
    ---------------------------------------------------------------------------
        \25\ Sec. 2(b) of Public Law 89-134 (79 Stat. 549) substantially
    amended this subsection which previously read as follows:
        ``(e) Volunteers shall receive such health care during their
    service and such health examinations and immunization preparatory to
    their service, as the President may deem necessary or appropriate.
    Subject to such conditions as the President may prescribe, such health
    care, examinations, and immunizations may be provided for volunteers in
    any facility of any agency of the United States Government, and in such
    cases the appropriation for maintaining and operating such facility
    shall be reimbursed from appropriations available under this Act.''.
        \26\ Sec. 9(j) of the Assisted Suicide Funding Restriction Act of
    1997 (Public Law 105-12; 111 Stat. 27) added the last sentence to
    subsec. (e).
    ---------------------------------------------------------------------------
        (f) \27\ (1) Any period of satisfactory service of a
    volunteer under this Act shall be credited in connection with
    subsequent employment in the same manner as a like period of
    civilian employment by the United States Government--
    ---------------------------------------------------------------------------
        \27\ Sec. 8(a) of Public Law 89-554 (80 Stat. 661) repealed subsec.
    (f) insofar as it applied to the Civil Service Retirement Act, as
    amended, and enacted a provision, 5 U.S.C. 8332(b), which provides the
    same benefit. 5 U.S.C. 8332(b), in pertinent part reads as follows:
        ``(b) The service of an employee shall be credited from the date of
    original employment to the date of separation on which title to annuity
    is based in the civilian service of the Government. Except as provided
    in paragraph (13) of this subsection, credit may not be allowed for a
    period of separation from the service in excess of 3 calendar days. The
    service includes--* * *
    ---------------------------------------------------------------------------

      ``(5) a period of satisfactory service of a volunteer or volunteer leader
    under chapter 34 of title 22 only if he later becomes subject to this
    subchapter.
    ---------------------------------------------------------------------------

        ``* * * For the purpose of paragraph (5) of this subsection--
    ---------------------------------------------------------------------------

      ``(A) a volunteer and a volunteer leader are deemed receiving pay during
    their service at the respective rates of readjustment allowances payable
    under sections 2504(c) and 2505(1) of title 22; and

      ``(B) the period of an individual's service as a volunteer or volunteer
    leader under chapter 34 of title 22 is the period between enrollment as a
    volunteer or volunteer leader and the termination of that service by the
    President or by death or resignation.''.

              (A) for the purposes of section 816(a) of the Foreign
            Service Act of 1980 \28\ and every other Act
            establishing a retirement system for civilian employees
            of any United States Government agency; and
    ---------------------------------------------------------------------------
        \28\ Sec. 2202(a) of Public Law 96-465 (94 Stat. 2157) struck out
    ``Foreign Service Act of 1946'' and inserted in lieu thereof ``Foreign
    Service Act of 1980''.
    ---------------------------------------------------------------------------
              (B) except as otherwise determined by the President,
            for the purposes of determining seniority, reduction in
            force, and layoff rights, leave entitlement, and other
            rights and privileges based upon length of service
            under the laws administered by the Office of Personnel
            Management,\29\ the Foreign Service Act of 1980, and
            every other Act establishing or governing terms and
            conditions of service of civilian employees of the
            United States Government: Provided, That service of a
            volunteer shall not be credited toward completion of
            any probationary or trial period or completion of any
            service requirement for career appointment.
    ---------------------------------------------------------------------------
        \29\ Sec. 2(b)(1) of Public Law 106-30 (113 Stat. 55) struck out
    ``Civil Service Commission'' and inserted in lieu thereof ``Office of
    Personnel Management''.
    ---------------------------------------------------------------------------
        (2) For the purposes of paragraph (1)(A) of this
    subsection, volunteers and volunteer leaders shall be deemed to
    be receiving compensation during their service at the
    respective rates of readjustment allowances \30\ payable under
    sections 5(c) and (6)(1) of this Act.
    ---------------------------------------------------------------------------
        \30\ Sec. 2(c) of Public Law 88-200 (77 Stat. 359) struck out
    ``termination payments'' and inserted in lieu thereof ``readjustment
    allowances''.
    ---------------------------------------------------------------------------
        (g) The President may detail or assign volunteers or
    otherwise make them available to any entity referred to in
    paragraph (1) of section 10(a) on such terms and conditions as
    he may determine: Provided, That not to exceed two hundred
    volunteers may be assigned to carry out secretarial or clerical
    duties on the staffs of the Peace Corps representatives abroad:
    \31\ Provided, however, That any volunteer so detailed or
    assigned shall continue to be entitled to the allowances,
    benefits and privileges of volunteers authorized under or
    pursuant to this Act.
    ---------------------------------------------------------------------------
        \31\ Sec. 2(d) of Public Law 88-200 (77 Stat. 359) added the first
    proviso. Sec. 2(e) of Public Law 89-134 (79 Stat. 549) struck out
    ``one'' and inserted in lieu thereof ``two''; and struck out ``in the
    aggregate'' after ``volunteers'' in this proviso.
    ---------------------------------------------------------------------------
        (h) \32\ Volunteers shall be deemed employees of the United
    States Government for the purposes of the Federal Tort Claims
    Act \33\ and any other Federal tort liability statute,\34\
    section 3342 of title 31, United States Code, section 5732 and
    \35\ section 5584 of title 5, United States Code (and
    readjustment allowances paid under this Act shall be considered
    as pay for purposes of such section,\36\ and section 1 of the
    Act of June 4, 1920 (41 Stat. 750), as amended (22 U.S.C.
    214).\37\
    ---------------------------------------------------------------------------
        \32\ Sec. 8(a) of Public Law 89-554 (80 Stat. 661) repealed subsec.
    (h) insofar as it applied to the Act of June 4, 1954, chapter 264, sec.
    4, which related to the payment or reimbursement of general average
    contribution from appropriation chargeable to certain types of
    transportation. Public Law 89-554 also enacted a provision which
    provided the same benefit (5 U.S.C. 5732) which read as follows:
    ``Under such regulations as the President may prescribe, appropriations
    chargeable for the transportation of baggage and household goods and
    personal effects of employees of the United States, volunteers as
    defined by section 8142(a) of this title, and members of the uniformed
    services are available for the payment or reimbursement of general
    average contributions required. Appropriations are not available for
    the payment or reimbursement of general average contributions--
        ``(1) required in connection with and applicable to quantities of
    baggage and household goods and personal effects in excess of
    quantities authorized by statute or regulation to be transported;
        ``(2) when the individual concerned is allowed under statute of
    regulation a commutation instead of actual transportation expenses; or
        ``(3) when the individual concerned selected the means of
    shipment.''.
        \33\ 28 U.S.C. 2671-2680 and notes.
        \34\ Sec. 2(e) of Public Law 88-200 (77 Stat. 359) struck out ``and
    for the purposes of'' and inserted in lieu thereof ``the Federal Voting
    Assistance Act of 1955 (5 U.S.C. 2171 et seq.), the Act of June 4,
    1954, chapter 264, section 4 (5 U.S.C. 73b-5); and''.
        \35\ Sec. 2(b)(2) of Public Law 106-30 (113 Stat. 55) struck out
    ``the Federal Voting Assistance Act of 1955 (5 U.S.C. 2171 et seq.),
    the Act of June 4, 1954, chapter 264, section 4 (5 U.S.C. 73b-75), the
    Act of December 23, 1944, chapter 716, section 1, as amended (31 U.S.C.
    492a),'' and inserted in lieu thereof ``section 3342 of title 31,
    United States Code, section 5732 and''. Previously, the reference to
    the Act of Dec. 23, 1944, was added by sec. 2(d) of Public Law 89-134
    (79 Stat. 549).
        \36\ Sec. 2 of Public Law 91-99 (83 Stat. 166) added the reference
    to sec. 5584 of title 5, United States Code.
        \37\ The final two sentences of subsec. (h), as added by sec. 4(2)
    of Public Law 95-331 (92 Stat. 414) and amended by sec. 2202(a)(2) of
    Public Law 96-465 (94 Stat. 2157), were struck out by sec. 604(b) of
    the International Security and Development Cooperation Act of 1981
    (Public Law 97-113; 95 Stat. 1543). These sentences concerned
    malpractice protection for Peace Corps volunteers and can now be found
    at sec. 10(j) of this Act.
    ---------------------------------------------------------------------------
        (i) The service of a volunteer may be terminated at any
    time at the pleasure of the President.
        (j) Upon enrollment in the Peace Corps, every volunteer
    shall take the oath prescribed for persons appointed to any
    office of honor or profit by section 3331 of title 5, United
    States Code.\38\
    ---------------------------------------------------------------------------
        \38\ Sec. 2(b)(3) of Public Law 106-30 (113 Stat. 55) struck out
    ``section 1757 of the Revised Statutes of the United States, as amended
    (5 U.S.C. 16) and shall swear (or affirm) that he does not advocate the
    overthrow of our constitutional form of government in the United
    States, and that he is not a member of an organization that advocates
    the overthrow of our constitutional form of government in the United
    States, knowing that such organization so advocates.'' and inserted in
    lieu thereof ``section 3331 of title 5, United States Code.''.
    ---------------------------------------------------------------------------
        (k) \39\ In order to assure that the skills and experience
    which former volunteers have derived from their training and
    their service abroad are best utilized in the national
    interest, the President may, in cooperation with agencies of
    the United States, private employers, educational institutions
    and other entities of the United States, undertake programs
    under which volunteers would be counseled with respect to
    opportunities for further education and employment.
    ---------------------------------------------------------------------------
        \39\ Sec. 2(f) of Public Law 88-200 (77 Stat. 360) added subsec.
    (k).
    ---------------------------------------------------------------------------
        (l) \40\ Notwithstanding any other provision of law,
    counsel may be employed and counsel fees, court costs, bail,
    and other expenses incident to the defense of volunteers may be
    paid in foreign judicial or administrative proceedings to which
    volunteers have been made parties.
    ---------------------------------------------------------------------------
        \40\ Sec. 2(a) of Public Law 89-572 (80 Stat. 765) added subsec.
    (l).
    ---------------------------------------------------------------------------
        (m) \41\ The minor children of a volunteer living with the
    volunteer may receive--
    ---------------------------------------------------------------------------
        \41\ Sec. 3(b) of Public Law 91-352 (84 Stat. 464) added subsecs.
    (m) and (n).
    ---------------------------------------------------------------------------
              (1) such living, travel, education, and leave
            allowances, such housing, transportation, subsistence,
            and essential special items of clothing as the
            President may determine;
              (2) such health care, including health care following
            the volunteer's service for illness or injury incurred
            during such service, and health and accident insurance,
            as the President may determine and upon such terms as
            he may determine, including health care in any facility
            referred to in subsection (e) of this section, subject
            to such conditions as the President may prescribe and
            subject to reimbursement of appropriations as provided
            in such subsection (e);
              (3) such orientation, language, and other training
            necessary to accomplish the purposes of this Act as the
            President may determine; and
              (4) the benefits of subsection (1) of this section on
            the same basis as volunteers.
        (n) \41\ The costs of packing and unpacking, transportation
    to and from a place of storage, and storing the furniture and
    household and personal effects of a volunteer who has one or
    more minor children at the time of his entering a period of
    pre-enrollment training may be paid from the date of his
    departure from his place of residence to enter training until
    no later than three months after termination of his service.

                         peace corps volunteer leaders

        Sec. 6.\42\ The President may enroll in the Peace Corps
    qualified citizens or nationals of the United States whose
    services are required for supervisory or other special duties
    or responsibilities in connection with programs under this Act
    (referred to in this Act as ``volunteer leaders''). The ratio
    of the total number of volunteer leaders to the total number of
    volunteers in service at any one time shall not exceed one to
    twenty-five. Except as otherwise provided in this Act, all of
    the provisions of this Act applicable to volunteers shall be
    applicable to volunteer leaders, and the term ``volunteers''
    shall include ``volunteer leaders'': Provided, however, That--
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 2505.
    ---------------------------------------------------------------------------
              (1) volunteer leaders shall be entitled to receive a
            readjustment allowance at a rate not less than $125
            \43\ for each month of satisfactory service as
            determined by the President; \44\
    ---------------------------------------------------------------------------
        \43\ Sec. 3 of Public Law 88-200 (77 Stat. 360) struck out
    ``termination payments'' and inserted in lieu thereof ``a readjustment
    allowance''.
        Public Law 97-387 (96 Stat. 1947) struck out ``not to exceed'' and
    inserted in lieu thereof ``not less than'', effective December 29,
    1981.
        \44\ Sec. 3 of Public Law 94-281 (90 Stat. 458) provided that the
    fiscal year 1977 appropriation to carry out the purposes of the Peace
    Corps Act, $10,100,000 shall be available only for payment of the
    readjustment allowances authorized by secs. 5(c) and 6(1).
    ---------------------------------------------------------------------------
              (2) spouses and minor children of volunteer leaders
            may receive such living, travel, and leave allowances,
            and such housing, transportation, subsistence, and
            essential special items of clothing, as the President
            may determine, but authority contained in this
            paragraph shall be exercised only under exceptional
            circumstances;
              (3) spouses and minor children of volunteer leaders
            accompanying them may receive such health care as the
            President may determine and upon such terms as he may
            determine, including health care in any facility
            referred to in section 5(e) of this Act, subject to
            such conditions as the President may prescribe in
            section 5(e); \45\ and
    ---------------------------------------------------------------------------
        \45\ Public Law 89-134 (79 Stat. 549) provided health care for
    children born during the volunteer's service. Sec. 4 of Public Law 91-
    352 (84 Stat. 465) struck out this provision.
    ---------------------------------------------------------------------------
              (4) spouses and minor children of volunteer leaders
            accompanying them may receive such orientation,
            language, and other training necessary to accomplish
            the purposes of this Act as the President may
            determine.

                             peace corps employees

        Sec. 7.\46\ (a)(1) For the purpose of performing functions
    under this Act outside the United States, the President may
    employ or assign persons, or authorize the employment or
    assignment of officers or employees of agencies of the United
    States Government which are not authorized to utilize the
    Foreign Service personnel system, who shall receive
    compensation at any of the rates established under section 402
    or 403 of the Foreign Service Act of 1980,\47\ together with
    allowances and benefits thereunder; and persons so employed or
    assigned shall be entitled, except to the extent that the
    President may specify otherwise in cases in which the period of
    the employment or assignment exceeds thirty months, to the same
    benefits as are provided by section 310 of that Act \48\ for
    persons appointed to the Foreign Service Reserve.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 2506. Sec. 4(a) of Public Law 89-134 (79 Stat. 549)
    struck out the former subsecs. (a) and (b) of this section which read
    as follows:
        ``(a) The President may employ such persons, not to exceed 275
    persons permanently employed in the United States at any one time in
    fiscal year 1962, as the President deems necessary to carry out the
    provisions and purposes of this Act. Except as otherwise provided in
    this Act, such persons (hereafter sometimes referred to as
    ``employees'') shall be employed in accordance with and shall be
    subject to the laws applicable to personnel employed by the United
    States Government.
        ``(b) Of the persons employed in the United States in activities
    authorized by this Act, not to exceed thirty may be compensated without
    regard to the provisions of the Classification Act of 1949, as amended,
    of whom not to exceed twenty may be compensated at rates higher than
    those provided for grade fifteen of the general schedule established by
    the Classification Act of 1949, as amended, but not in excess of the
    highest rate of grade 18 of such general schedule. Such positions shall
    be in addition to those authorized by section 4(a) of this Act to be
    filled by Presidential appointment, and in addition to the number
    authorized by section 505 of the Classification Act of 1949, as
    amended.''.
        Under the terms of sec. 5 of Public Law 89-134, the independent
    implementing provisions of that act, persons holding career or career-
    conditional appointments under the repealed authorities immediately
    prior to the effective date of sec. 4 of Public Law 89-134 (Oct. 10,
    1965) may continue employment under such authority for 3 years. Those
    whose career or career-conditional appointments were at grade 8 or
    below of the General Schedule could receive appointment for the
    duration of operations under the Peace Corps Act.
        Sec. 4(b) (1) and (2) of Public Law 89-134 reorganized this
    subsection by changing its designation from ``(c)'' to ``(a)(1)'', and
    striking ``--(1)'' after the words ``the President may''.
        Title II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2004 (division D of Public Law 108-199;
    118 Stat. 156) provided the following:
    ---------------------------------------------------------------------------

    ``peace corps
    ---------------------------------------------------------------------------

        ``For necessary expenses * * *: Provided further, That during
    fiscal year 2004 and any subsequent fiscal year, the Director of the
    Peace Corps may make appointments or assignments, or extend current
    appointments or assignments, to permit United States citizens to serve
    for periods in excess of 5 years in the case of individuals whose
    appointment or assignment, such as regional safety security officers
    and employees within the Office of the Inspector General, involves the
    safety of Peace Corps volunteers: Provided further, That the Director
    of the Peace Corps may make such appointments or assignments
    notwithstanding the provisions of section 7 of the Peace Corps Act
    limiting the length of an appointment or assignment, the circumstances
    under which such an appointment or assignment may exceed 5 years, and
    the percentage of appointments or assignments that can be made in
    excess of 5 years.''.
        \47\ Sec. 2202(b)(1)(A) of Public Law 96-465 (94 Stat. 2157) struck
    out ``who shall receive compensation at any of the rates provided for
    persons appointed to the Foreign Service Reserve and Staff under the
    Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)'' and
    inserted in lieu thereof ``which are not authorized to utilize the
    Foreign Service personnel system, who shall receive compensation at any
    of the rates established under section 402 or 403 of the Foreign
    Service Act of 1980,''.
        \48\ Sec. 2202(b)(1)(B) of Public Law 96-465 (94 Stat. 2157) struck
    out ``section 528'' and inserted in lieu thereof ``section 310''.
    ---------------------------------------------------------------------------
        (2) \49\ The President may utilize such authority contained
    in the Foreign Service Act of 1980 relating to members of the
    Foreign Service and other United States Government officers and
    employees as the President deems necessary to carry out
    functions under this Act, except that--
    ---------------------------------------------------------------------------
        \49\ Para. (2), as amended by sec. 4 of Public Law 89-134 (79 Stat.
    549), was amended and restated by sec. 2202(b)(1) of Public Law 96-465
    (94 Stat. 2157).
    ---------------------------------------------------------------------------
              (A) no Foreign Service appointment or assignment
            under this paragraph shall be for a period of more than
            seven and one-half years, subject to paragraph (5) and
            except as provided in paragraph (6) \50\ and
    ---------------------------------------------------------------------------
        \50\ Sec. 1103(a)(1)(A) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272)
    struck out ``unless the Director of the Peace Corps, under special
    circumstances, personally approved an extension of not more than one
    year on an individual basis'' and inserted in lieu thereof ``, subject
    to paragraph (5) and except as provided in paragraph (6)''. Such sec.
    1103(a)(1)(A) also increased the period of time of appointments from 5
    years to 7.5 years. See sec. 1103(b) of Public Law 99-83 (99 Stat. 272)
    concerning a report from the Peace Corps Director on the criteria for
    making appointments for periods of more than 5 years.
    ---------------------------------------------------------------------------
              (B) no individual whose Foreign Service appointment
            or assignment under this paragraph has been terminated
            shall be reappointed or reassigned under this paragraph
            before the expiration of a period of time equal to the
            preceding tour of duty of that individual.
    Subparagraphs (A) and (B) do not apply with respect to foreign
    national employees.\51\ Such provisions of the Foreign Service
    Act of 1980 (other than the provision of section 309) \52\ as
    the President deems appropriate shall apply to individuals
    appointed or assigned under this paragraph, including in all
    cases, the provisions of section 310 of that Act, except that
    (i) the President may by regulation make exceptions to the
    application of section 310 in cases in which the period of the
    appointment or assignment exceeds thirty months, (ii) members
    of the Foreign Service appointed or assigned pursuant to this
    paragraph shall receive within-class salary increases, in
    accordance with such regulations as the President may
    prescribe, and (iii) under such regulations as the President
    may prescribe, individuals who are to perform duties of a more
    routine nature than are generally performed by members of the
    Foreign Service assigned to class 9 in the Foreign Service
    Schedule may be appointed to an unenumerated class ranking
    below class 9 in the Foreign Service Schedule and be paid basic
    compensation at rates lower than those for class 9, except that
    such rates may be no less than the then applicable minimum wage
    rate specified in section 6(a)(1) of the Fair Labor Standards
    Act of 1938 (29 U.S.C. 206(a)(1)).
    ---------------------------------------------------------------------------
        \51\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 1985
    (included in sec. 101 of the Continuing Appropriations Act, 1985;
    Public Law 98-473; 98 Stat. 1903) added this sentence. This amendment
    had been included as sec. 703 of H.R. 5119, the International Security
    and Development Cooperation Act of 1984, as passed by the House on May
    10, 1984. Sec. 541(a) enacted sec. 703 of H.R. 5119.
        \52\ Sec. 1103(a)(1)(B) of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272)
    added the parenthetical text.
    ---------------------------------------------------------------------------
        (3) \53\ The President may specify what additional
    allowance authorized by section 5941 of title 5, United States
    Code, and which of the allowances and differentials authorized
    by sections 5923 through 5925 of such title 5 may be granted to
    any person employed, appointed, or assigned under this
    subsection and may determine the rates thereof not to exceed
    the rates otherwise granted to employees under the sections of
    title 5, United States Code, referred to in this paragraph.
    ---------------------------------------------------------------------------
        \53\ As amended and restated by sec. 5 of Public Law 91-352 (84
    Stat. 465). Previously amended by sec. 4(b)(4) of Public Law 89-134 (79
    Stat. 550).
    ---------------------------------------------------------------------------
        (4) \54\ An individual who has received an appointment or
    assignment in the Foreign Service under this subsection may,
    not later than September 30, 1982, or three years after
    separation from such appointment or assignment, whichever is
    later, be appointed to a position in any United States
    department, agency, or establishment--
    ---------------------------------------------------------------------------
        \54\ Sec. 302 of the International Development Cooperation Act of
    1979 (Public Law 96-53; 93 Stat. 371) added para. (4). The text of
    para. (4) up to the words ``or three years'' were inserted by sec.
    2202(b)(2) of Public Law 96-465 (94 Stat. 2158). Former text of para.
    (4) had contained temporary language pending the enactment of Foreign
    Service personnel reform legislation which was included in Public Law
    96-465.
    ---------------------------------------------------------------------------
              (A) in the competitive service under title 5, United
            States Code, without competitive examination and in
            accordance with such regulations and conditions
            consistent with this subsection as may be prescribed by
            the Director of the Office of Personnel Management, or
              (B) in an established merit system in the excepted
            service, if such individual \55\ (i) served
            satisfactorily under the authority of this subsection,
            as certified by the President, for not less than
            thirty-six months on a continuous basis without a break
            in service of more than three days,\56\ and (ii) is
            qualified for the position in question.
    ---------------------------------------------------------------------------
        \55\ Sec. 2202(b)(2)(B) of Public Law 96-465 (94 Stat. 2158) struck
    out ``person'' and inserted in lieu thereof ``individual''.
        \56\ Sec. 2202(b)(2)(C) of Public Law 96-465 (94 Stat. 2158) struck
    out ``substantially continuous basis'' and inserted in lieu thereof
    ``continuous basis without a break in service of more than three
    days,''.
    ---------------------------------------------------------------------------
        (5) \57\ Except as provided in paragraph (6), the Director
    of the Peace Corps may make appointments or assignments of
    United States citizens under paragraph (2) for periods of more
    than five years only in the case of individuals whose
    performance as employees of the Peace Corps has been
    exceptional and only in order to achieve one or more of the
    following purposes:
    ---------------------------------------------------------------------------
        \57\ Sec. 1103(a)(2) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272) added paras.
    (5) and (6).
    ---------------------------------------------------------------------------
              (A) To permit individuals who have served at least
            two and one-half years of such an appointment or
            assignment abroad to serve in the United States
            thereafter.
              (B) To permit individuals who have served at least
            two and one-half years of such an appointment or
            assignment in the United States to serve abroad
            thereafter.
              (C) To permit individuals who have served at least
            two and one-half years of such an appointment or
            assignment in a recruitment, selection, or training
            activity to be reassigned to an activity other than the
            one in which they have most recently so served.
              (D) To promote the continuity of functions in
            administering the Peace Corps.
    At no time may the number of appointments or assignments of
    United States citizens in effect under paragraph (2) for
    periods in excess of five years exceed fifteen percent of the
    total of all appointments and assignments of United States
    citizens then in effect under paragraph (2).
        (6) \57\ Notwithstanding the limitation set forth in
    paragraph (2)(A) on the length of an appointment or assignment
    under paragraph (2) and notwithstanding the limitations set
    forth in paragraph (5) on the circumstances under such an
    appointment or assignment may exceed five years, the Director
    of the Peace Corps, under special circumstances, may personally
    approve an extension of an appointment or assignment under
    paragraph (2) for not more than one year on an individual
    basis.
        (b) \58\ * * * [Repealed--1981]
    ---------------------------------------------------------------------------
        \58\ Subsec. (b), as amended by Public Law 89-134 (79 Stat. 549),
    was repealed by sec. 2205(9) of the Foreign Service Act of 1980 (Public
    Law 96-465; 94 Stat. 2160). Subsec. (b) had authorized the President to
    prescribe by regulation standards for maintaining adequate performance
    levels for persons performing functions under this Act outside of the
    United States.
    ---------------------------------------------------------------------------
        (c) \59\ In each country or area in which volunteers serve
    abroad, the President may appoint an employee or a volunteer as
    a Peace Corps representative to have direction of other
    employees of the Peace Corps abroad and to oversee the
    activities carried on under this Act in such country or area.
    Unless a representative is a volunteer, the compensation,
    allowances and benefits, and other terms and conditions of
    service of each such representative, shall be the same as those
    of a person appointed or assigned pursuant to paragraph (1) or
    (2) of subsection (a) of this section, except that any such
    representative may, notwithstanding any provision of law, be
    removed by the President in his discretion.
    ---------------------------------------------------------------------------
        \59\ Sec. 4(d) of Public Law 89-134 (79 Stat. 549) amended subsec.
    (c) by substituting ``(c)'' for ``(e)'' and ``(a)'' for ``(c)''.
    ---------------------------------------------------------------------------

                               volunteer training

        Sec. 8.\60\ (a) The President shall make provision for such
    training as he deems appropriate for each applicant for
    enrollment as a volunteer and each enrolled volunteer. All of
    the provisions of this Act applicable respectively to
    volunteers and volunteer leaders shall be applicable to
    applicants for enrollment as such during any period of training
    occurring prior to enrollment, and the respective terms
    ``volunteers'' and ``volunteer leaders'' shall include such
    applicants during any such period of training.
    ---------------------------------------------------------------------------
        \60\ 22 U.S.C. 2507. Sec. 904 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3356) repealed subsec. (c) of sec. 8. It
    previously read as follows:
        ``(c) Training hereinabove provided for, shall include instruction
    in the philosophy, strategy, tactics, and menace of communism.''.
    ---------------------------------------------------------------------------
        (b) The President may also make provision, on the basis of
    advances of funds or reimbursement to the United States, for
    training for citizens of the United States, other than those
    referred to in subsection (a) of this section, who have been
    selected for service abroad in programs not carried out under
    authority of this Act which are similar to those authorized by
    this Act. The provisions of section 9 of this Act shall apply,
    on a similar advance of funds or a reimbursement basis, with
    respect to persons while within the United States for training
    under authority of this subsection. Advances or reimbursements
    received under this subsection may be credited to the current
    applicable appropriation, fund, or account and shall be
    available for the purposes for which such appropriation, fund,
    or account is authorized to be used.

                       participation of foreign nationals

        Sec. 9.\61\ In order to provide for assistance by foreign
    nationals in the training of volunteers, and to permit
    effective implementation of Peace Corps projects with due
    regard for the desirability of cost-sharing arrangements, where
    appropriate, the President may make provision for
    transportation, housing, subsistence, or per diem in lieu
    thereof, and health care or health and accident insurance for
    foreign nationals engaged in activities authorized by this Act
    while they are away from their homes, without regard to the
    provisions of any other law: Provided, however, That per diem
    in lieu of subsistence furnished to such persons shall not be
    at rates higher than those prescribed by the Secretary of State
    pursuant to section 12 of Public Law 84-855 \62\ (70 Stat.
    890). Such persons, and persons coming to the United States
    under contract pursuant to section 10(a)(5), may be admitted to
    the United States, if otherwise qualified, as nonimmigrants
    under section 101(a)(15) of the Immigration and Nationality Act
    (8 U.S.C. 1101(a)(15)) for such time and under such conditions
    as may be prescribed by regulations promulgated by the
    Secretary of State and the Attorney General. A person admitted
    under this section who fails to maintain the status under which
    he was admitted or who fails to depart from the United States
    at the expiration of the time for which he was admitted, or who
    engages in activities of a political nature detrimental to the
    interests of the United States, or in activities not consistent
    with the security of the United States, shall, upon the warrant
    of the Attorney General, be taken into custody and promptly
    removed pursuant to chapter 4 of title II of the Immigration
    and Nationality Act \62\ proceedings under this section shall
    be summary and the findings of the Attorney General as to
    matters of fact shall be conclusive.
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 2508.
        \62\ Sec. 308(e)(18) of Public Law 104-208 (110 Stat. 3009) struck
    out ``deported pursuant to sections 241, 242, and 243 of the
    Immigration and Nationality Act. Deportation'' and inserted in lieu
    thereof ``removed pursuant to chapter 4 of title II of the Immigration
    and Nationality Act''.
    ---------------------------------------------------------------------------

                         general powers and authorities

        Sec. 10.\63\ (a) In the furtherance of the purposes of this
    Act, the President may--
    ---------------------------------------------------------------------------
        \63\ 22 U.S.C. 2509.
    ---------------------------------------------------------------------------
              (1) enter into, perform, and modify contracts and
            agreements and otherwise cooperate with any agency of
            the United States Government or of any State or any
            subdivision thereof, other governments and departments
            and agencies thereof, and educational institutions,
            voluntary agencies, farm organizations, labor unions,
            and other organizations, individuals and firms;
              (2) assign volunteers in special cases to temporary
            duty with international organizations and agencies when
            the Secretary of State determines that such assignment
            would serve the purposes of this Act; \64\
    ---------------------------------------------------------------------------
        \64\ Sec. 5(a)(1) of Public Law 95-331 (92 Stat. 414) struck out a
    proviso clause that had limited the number of volunteers or volunteer
    leaders assigned to international organizations to 125.
    ---------------------------------------------------------------------------
              (3) \65\ assign volunteers to duty or otherwise make
            them available to any entity referred to in paragraph
            (1), in order to assist such organizations and agencies
            in providing development or other relief assistance to
            displaced persons and refugees in any country, if the
            government of the country agrees to such assignment;
    ---------------------------------------------------------------------------
        \65\ Sec. 5(c) of Public Law 95-331 (92 Stat. 415) added para. (3)
    and redesignated former paras. (3) and (4) as paras. (4) and (5),
    respectively.
    ---------------------------------------------------------------------------
              (4) \65\ accept in the name of the Peace Corps and
            employ or transfer in furtherance of the purposes of
            this Act (A) voluntary services notwithstanding the
            provisions of section 1342 of title 31, United States
            Code,\66\ and (B) any money or property (real, personal
            or mixed, tangible or intangible) received by gift,
            devise, bequest, or otherwise; \67\ and
    ---------------------------------------------------------------------------
        \66\ Sec. 2(b)(4) of Public Law 106-30 (113 Stat. 56) struck out
    ``31 U.S.C. 665(b)'' and inserted in lieu thereof ``section 1342 of
    title 31, United States Code''.
        \67\ Sec. 6 of Public Law 89-572 (80 Stat. 765) added the words
    ``or transfer'' and struck out the following language which had
    followed the word ``otherwise'': ``, and transfer such money or
    property to the government or other entities of the country or area
    with which the Volunteers are serving, when such transfer would further
    the general purposes of the Act''. Except for the words ``money or'',
    the above language was added by sec. 5 of Public Law 88-200 (77 Stat.
    360). Sec. 6 of Public Law 89-134 (79 Stat. 551) added the words
    ``money or''.
    ---------------------------------------------------------------------------
              (5) \65\ contract with individuals for personal
            services abroad, and with aliens (abroad or within the
            United States) for personal services within the United
            States: Provided, That no such person shall be deemed
            an officer or employee or otherwise in the service or
            employment of the United States Government for any
            purpose.
        (b) Notwithstanding any other provision of law, whenever
    the President determines that it will further the purposes of
    this Act, the President, under such regulations as he may
    prescribe, may settle and pay, in an amount not exceeding
    $20,000,\68\ any claim against the United States, for loss of
    or damage to real or personal property (including loss of
    occupancy or use thereof) belonging to, or for personal injury
    or death of, any person not a citizen or resident of the United
    States, where such claim arises abroad out of the act or
    omission of any Peace Corps employee or out of the act or
    omission of any volunteer, but only if such claim is presented
    in writing within one year after it accrues. Any amount paid in
    settlement of any claim under this subsection shall be accepted
    by the claimant in full satisfaction thereof and shall bar any
    further action or proceeding thereon.
    ---------------------------------------------------------------------------
        \68\ This figure was increased from $10,000 to $20,000 by sec.
    5(a)(2) of Public Law 95-331 (92 Stat. 414). Sec. 5(b) of such Act
    stated that this amendment would apply to claims made after the date of
    enactment of Public Law 95-331 (Aug. 2, 1978).
    ---------------------------------------------------------------------------
        (c) Subject to any future action of the Congress, a
    contract or agreement which entails commitments for the
    expenditure of funds available for the purposes of this Act,
    including commitments for the purpose of paying or providing
    for allowances and other benefits of volunteers authorized by
    sections 5 and 6 of this Act, may extend at any time for not
    more than five years.\69\
    ---------------------------------------------------------------------------
        \69\ Sec. 602(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 491), struck out
    ``thirty-six months'' and inserted in lieu thereof ``five years''.
    ---------------------------------------------------------------------------
        (d) Whenever the President determines it to be in
    furtherance of the purposes of this Act, functions authorized
    by this Act may be performed without regard to such provisions
    of law (other than section 3709 of the Revised Statutes of the
    United States, as amended, section 302 of the Federal Property
    and Administrative Services Act of 1949, and the Renegotiation
    Act of 1951, as amended) \70\ regulating the making,
    performance, amendment, or modification of contracts, and the
    expenditure of Government funds as the President may specify.
    ---------------------------------------------------------------------------
        \70\ 50 U.S.C. app. 1211 note. Sec. 2 of Public Law 93-49 (87 Stat.
    99) added within the parentheses, the reference to sec. 3709 and sec.
    302.
    ---------------------------------------------------------------------------
        (e) The President may allocate or transfer to any agency of
    the United States Government any funds available for carrying
    out the purposes of this Act including any advance received by
    the United States from any country or international
    organization under authority of this Act, but not to exceed 20
    per centum in the aggregate of such funds may be allocated or
    transferred to agencies other than the Peace Corps. Such funds
    shall be available for obligation and expenditure for the
    purposes of this Act in accordance with authority granted in
    this Act or under authority governing the activities of the
    agencies of the United States Government to which such funds
    are allocated or transferred.
        (f) Any officer of the United States Government carrying
    out functions under this Act may utilize the services and
    facilities of, or procure commodities from, any agency of the
    United States Government as the President shall direct, or with
    the consent of the head of such agency, and funds allocated
    pursuant to this subsection to any such agency may be
    established in separate appropriation accounts on the books of
    the Treasury.
        (g) In the case of any commodity, service, or facility
    procured from any agency of the United States Government under
    this Act, reimbursement or payment shall be made to such agency
    from funds available under this Act. Such reimbursement or
    payment shall be at replacement cost, or, if required by law,
    at actual cost, or at any other price authorized by law and
    agreed to by the owning or disposing agency. The amount of any
    such reimbursement or payment shall be credited to current
    applicable appropriations, funds, or accounts from which there
    may be procured replacements of similar commodities, services,
    or facilities, except that where such appropriations, funds, or
    accounts are not reimbursable except by reason of this
    subsection, and when the owning or disposing agency determines
    that such replacement is not necessary, any funds received in
    payment therefor shall be covered into the Treasury as
    miscellaneous receipts.
        (h) \71\ The President may provide hospitalization and
    medical treatment to Foreign Service local employees who are
    within the United States for training related to their
    employment under this Act, for illnesses, injuries, or
    conditions other than those arising out of and in the course of
    employment, which, in the judgment of the President, began
    during such employee's travel related to such training or so
    near to the beginning of such travel that the onset of the
    illness, injury, or condition could not have been known, and
    for which immediate medical treatment or hospitalization is
    reasonably required.
    ---------------------------------------------------------------------------
        \71\ Sec. 5(a)(3) of Public Law 95-331 (92 Stat. 414) added subsec.
    (h).
    ---------------------------------------------------------------------------
        (i) \72\ The Director of the Peace Corps shall have the
    same authority as is available to the Secretary of State under
    section 26(a) of the State Department Basic Authorities Act of
    1956. For purposes of this subsection, the reference in such
    section 26(a) to a principal officer of the Foreign Service
    shall be deemed to be a reference to a Peace Corps
    representative and the reference in such section to a member of
    the Foreign Service shall be deemed to be a reference to a
    person employed, appointed, or assigned under this Act.
    ---------------------------------------------------------------------------
        \72\ Sec. 604(a) of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1543) added
    subsecs. (i) and (j). Sec. 604(c) of Public Law 97-113 further stated
    that ``To the extent that the authorities provided by the amendments
    made by subsection (a) are authorities which are not applicable with
    respect to the Peace Corps immediately before the enactment of this Act
    and which require the expenditure of funds, those authorities may not
    be exercised using any funds appropriated after February 15, 1981, and
    before the date of enactment of this Act.''. (enacted Dec. 29, 1981).
    See text of sec. 26(a) and sec. 30 of the State Department Basic
    Authorities Act of 1956 mentioned in subsecs. (i) and (j).
    ---------------------------------------------------------------------------
        (j) \72\ The provisions of section 30 of the State
    Department Basic Authorities Act of 1956 shall apply to
    volunteers and persons employed, appointed, or assigned under
    this Act, and to individuals employed under personal services
    contracts to furnish medical services abroad pursuant to
    subsection (a)(5) of this section.\73\ For purposes of this
    subsection, references to the Secretary in subsection (b) of
    such section shall be deemed to be references to the Director
    of the Peace Corps, references to the Secretary in subsection
    (f) of such section shall be deemed to be references to the
    President, and the reference in subsection (g) of such section
    to a principal representative of the United States shall be
    deemed to be a reference to a Peace Corps representative.
    ---------------------------------------------------------------------------
        \73\ Sec. 602(b) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 491), inserted ``and
    to individuals employed under personal services contracts to furnish
    medical services abroad pursuant to subsection (a)(5) of this
    section''.
    ---------------------------------------------------------------------------

                                    reports

        Sec. 11.\74\ The President shall transmit to the Congress,
    at least once in each fiscal year, a report on operations under
    this Act. Each report shall contain information describing
    efforts undertaken to improve coordination of activities of the
    Peace Corps with activities of international voluntary service
    organizations, such as the United Nations volunteer program,
    and of host country voluntary service organizations,
    including--
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 2510.
    ---------------------------------------------------------------------------
              (1) a description of the purpose and scope of any
            development project which the Peace Corps undertook
            during the preceding fiscal year as a joint venture
            with any such international or host country voluntary
            service organizations; and
              (2) recommendations for improving coordination of
            development projects between the Peace Corps and any
            such international or host country voluntary service
            organizations.\75\
    ---------------------------------------------------------------------------
        \75\ This sentence was added by sec. 6 of Public Law 95-331 (92
    Stat. 415).
    ---------------------------------------------------------------------------
        The President shall also include in the report a
    description of any plans to carry out the policy set forth in
    section 2(b) of this Act.\76\
    ---------------------------------------------------------------------------
        \76\ Sec. 1102(b) of the International Security and Development
    Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272) added this
    section.
    ---------------------------------------------------------------------------

                     peace corps national advisory council

        Sec. 12.\77\ (a) Establishment.--A Peace Corps National
    Advisory Council (hereinafter in this section referred to as
    the ``Council'') shall be established in accordance with the
    provisions of this section.
    ---------------------------------------------------------------------------
        \77\ 22 U.S.C. 2511. Sec. 1104 of the International Security and
    Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 273)
    added sec. 12. Sec. 12 was previously repealed by Public Law 92-352 (86
    Stat. 495). Subsec. (b) of sec. 1104 terminated the functions of any
    advisory body carrying out functions similar to those assigned to the
    Peace Corps National Advisory Council. In effect, it nullified
    Executive Order 12468 (49 F.R. 11139), which had established a
    Presidential Advisory Council on the Peace Corps.
    ---------------------------------------------------------------------------
        (b) Functions.--(1) The Council shall advise and consult
    with the President and the Director of the Peace Corps with
    regard to policies and programs designed to further the
    purposes of this Act and shall, as the Council considers
    appropriate, periodically report to the Congress with regard to
    the Peace Corps.
        (2) Members of the Council shall (subject to subsection
    (d)(1)) conduct on-site inspections, and make examinations, of
    the activities of the Peace Corps in the United States and in
    other countries in order to--
              (A) evaluate the accomplishments of the Peace Corps;
              (B) assess the potential capabilities and the future
            role of the Peace Corps;
              (C) make recommendations to the President, the
            Director of the Peace Corps, and, as the Council
            considers appropriate, the Congress, for the purpose of
            guiding the future direction of the Peace Corps and of
            helping to ensure that the purposes and programs of the
            Peace Corps are carried out in ways that are
            economical, efficient, responsive to changing needs in
            developing countries and to changing relationships
            among people, and in accordance with law; and
              (D) make such other evaluations, assessments, and
            recommendations as the Council considers appropriate.
        (3) The Council may provide for public participation in its
    activities.
        (c) Membership.--(1) Persons appointed as members of the
    Council shall be broadly representative of the general public,
    including educational institutions, private volunteer agencies,
    private industry, farm organizations, labor unions, different
    regions of the United States, different educational, economic,
    racial, and national backgrounds and age groupings, and both
    sexes.
        (2)(A) The Council shall consist of fifteen voting members
    who shall be appointed by the President, by and with the advice
    and consent of the Senate. At least seven of such members shall
    be former Peace Corps volunteers, and not more than eight of
    such members shall be members of the same political party.
        (B) The first appointments of members of the Council under
    this paragraph shall be made not more than sixty days after the
    date of the enactment of this section and, solely for purposes
    of determining the expiration of their terms, shall be deemed
    to take effect on the sixtieth day after such date of
    enactment.
        (C) No member appointed under this paragraph may be an
    officer or employee of the United States Government.
        (D) Of the members initially appointed under this
    paragraph, eight shall be appointed to 1-year terms and seven
    shall be appointed to 2-year terms. Thereafter, all appointed
    members shall be appointed to 2-year terms.
        (E) A member of the Council appointed to fill a vacancy
    occurring before the expiration of the term for which the
    member's predecessor was appointed shall be appointed only for
    the remainder of that term.
        (F) No member of the Council may serve for more than two
    consecutive 2-year terms.
        (G) Members of the Council shall serve at the pleasure of
    the President.
        (H) An appointed member of the Council may be removed by a
    vote of nine members for malfeasance in office, for persistent
    neglect of or inability to discharge duties, or for offenses
    involving moral turpitude, and for no other cause.
        (I) Within thirty days after any vacancy occurs in the
    office of an appointed member of the Council, the President
    shall nominate an individual to fill the vacancy.
        (3) In addition to the voting members of the Council, the
    Secretary of State and the Administrator of the Agency for
    International Development, or their designees, and the Director
    and Deputy Director of the Peace Corps, shall be non-voting
    members, ex officio, of the Council.
        (d) Compensation.--(1) Except as provided in paragraph (2),
    a member of the Council who is not an officer or employee of
    the United States Government--
              (A) shall be paid compensation out of funds made
            available for the purposes of this Act at the daily
            equivalent of the highest rate payable under section
            5332 of title 5, United States Code, for each day
            (including travel time) during which the member is
            engaged in the actual performance of duties as a
            Council member, and
              (B) while away from his or her home or regular place
            of business on necessary travel, as determined by the
            Director of the Peace Corps, in the actual performance
            of duties as a Council member, shall be paid per diem,
            travel, and transportation expenses in the same manner
            as is provided under subchapter I of chapter 57 of
            title 5, United States Code.
        (2) A member of the Council may not be paid compensation
    under paragraph (1)(A) for more than twenty days in any
    calendar year.
        (e) Quorum.--A majority of the voting members of the
    Council shall constitute a quorum for the purposes of
    transacting any business.
        (f) Financial Interests of Members.--A member of the
    Council shall disclose to the Council the existence of any
    direct or indirect financial interest of that member in any
    particular matter before the Council and may not vote or
    otherwise participate as a Council member with respect to that
    particular matter.
        (g) Chair and Vice Chair.--At its first meeting and at its
    first regular meeting in each calendar year thereafter, the
    Council shall elect a Chair and Vice Chair from among its
    appointed members who are citizens of the United States. The
    Chair and Vice Chair may not both be members of the same
    political party.
        (h) Meetings, Bylaws, and Regulations.--(1) The Council
    shall hold a regular meeting during each calendar quarter and
    shall meet at the call of the President, the Director of the
    Peace Corps, the Council's Chair, or one-fourth of its members.
        (2) The Council shall prescribe such bylaws and regulations
    as it considers necessary to carry out its functions. Such
    bylaws and regulations shall include procedures for fixing the
    time and place of meetings, giving or waiving of notice of
    meetings, and keeping of minutes of meetings.
        (i) Reports to the President and the Director.--Not later
    than January 1, 1988, and not later than January 1 of each
    second year thereafter, the Council shall submit to the
    President and the Director of the Peace Corps a report on its
    views on the programs and activities of the Peace Corps. Each
    report shall contain a summary of the advice and
    recommendations provided by the Council to the President and
    the Director during the period covered by the report and such
    recommendations (including recommendations for administrative
    or legislative action) as the Council considers appropriate to
    make to the Congress. Within ninety days after receiving each
    such report, the President shall submit to the Congress a copy
    of the report, together with any comments concerning the report
    that the President or the Director considers appropriate.
        (j) Administrative Assistance.--The Director of the Peace
    Corps shall make available to the Council such personnel,
    administrative support services, and technical assistance as
    are necessary to carry out its functions effectively.

                            experts and consultants

        Sec. 13.\78\ (a) Experts and consultants or organizations
    thereof may, as authorized by Section 3109 of title 5, United
    States Code, be employed by the President \79\ for the
    performance of functions under this Act, and individuals so
    employed may be compensated at rates not in excess of the per
    diem equivalent of the highest rate payable under section 5332
    of title 5, United States Code,\80\ and while away from their
    homes or regular places of business, they may be paid actual
    travel expenses and per diem in lieu of subsistence and other
    expense at the applicable rate prescribed in the Standardized
    Government Travel Regulations, as amended from time to time,
    while so employed: Provided, That contracts for such employment
    may be renewed annually.
    ---------------------------------------------------------------------------
        \78\ 22 U.S.C. 2512.
        \79\ Sec. 6(a) of Public Law 88-200 (77 Stat. 360) struck out
    ``Peace Corps'' and inserted in lieu thereof ``President''.
        \80\ Public Law 91-352 (84 Stat. 465) struck out ``$75 per diem''
    and inserted in lieu thereof ``per diem equivalent of the highest rate
    payable under section 5332 of title 5, United States Code''.
    ---------------------------------------------------------------------------
        (b) Service of an individual as a member of the Council
    authorized to be established by section 12 of this Act or as an
    expert or consultant under subsection (a) of this section shall
    not \81\ be considered as employment or holding of office or
    position bringing such individual within the provisions of
    sections 3323(b) and 8344 of title 5, United States Code,
    section 824 of the Foreign Service Act of 1980 \82\ or any
    other law limiting the reemployment of retired officers or
    employees or governing the simultaneous receipt of compensation
    and retired pay or annuities.\83\
    ---------------------------------------------------------------------------
        \81\ Sec. 6(b) of Public Law 88-200 (77 Stat. 360) struck out the
    following at this point: ``be considered as service or employment
    bringing such individual within the provisions of section 281, 283, or
    284 of title 18 of the United States Code, or of section 190 of the
    Revised Statutes (5 U.S.C. 99), or of any other Federal law imposing
    restrictions, requirements, or penalties in relation to the employment
    of persons, the performance of service, or the payment or receipt of
    compensation in connection with any claim, proceeding, or matter
    involving the United States Government, except insofar as such
    provisions of law may prohibit any such individual from receiving
    compensation in respect of any particular matter, in which such
    individual was directly involved in the performance of such service;
    nor shall such service''.
        These words were struck out to reflect the general repeal of all
    special exemptions from the conflict-of-interest statutes for
    government employees which was effected by sec. 2 of Public Law 87-849.
        \82\ Sec. 2202(c) of Public Law 96-465 (94 Stat. 2158) struck out
    ``section 872 of the Foreign Service Act of 1946'' and inserted in lieu
    thereof ``section 824 of the Foreign Service Act of 1980''.
        \83\ Sec. 1048(i)(9) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1229) struck out ``,
    subject to section 5532 of title 5, United States Code'' at the end of
    this sentence.
    ---------------------------------------------------------------------------

         detail of personnel to foreign governments and international
                                 organizations

        Sec. 14.\84\ (a) In furtherance of the purposes of this
    Act, the head of any agency of the United States Government is
    authorized to detail, assign, or otherwise make available any
    officer or employee of his agency (1) to serve with, or as a
    member of, the international staff of any international
    organization, or (2) to any office or position to which no
    compensation is attached with any foreign government or agency
    thereof: Provided, That such acceptance of such office or
    position shall in no case involve the taking of an oath of
    allegiance to another government.
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 2513.
    ---------------------------------------------------------------------------
        (b) Any such officer or employee, while so detailed or
    assigned, shall be considered, for the purpose of preserving
    his allowances, privileges, rights, seniority, and other
    benefits as such, an officer or employee of the United States
    Government and of the agency of the United States Government
    from which detailed or assigned, and he shall continue to
    receive compensation, allowances, and benefits from funds
    authorized by this Act. He may also receive, under such
    regulations as the President may prescribe, representation
    allowances similar to those allowed under section 905 of the
    Foreign Service Act of 1980.\85\ The authorization of such
    allowances and other benefits, and the payment thereof out of
    any appropriations available therefor, shall be considered as
    meeting all of the requirements of section 5536 of title 5,
    United States Code.
    ---------------------------------------------------------------------------
        \85\ Sec. 2202(d) of 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''.
    ---------------------------------------------------------------------------
        (c) Details or assignments may be made under this section--
              (1) without reimbursement to the United States
            Government, by the international organization or
            foreign government;
              (2) upon agreement by the international organization
            or foreign government to reimburse the United States
            Government for compensation, travel expenses, and
            allowances, or any part thereof, payable to such
            officer or employee during the period of assignment or
            detail in accordance with subsection (b) of this
            section; and such reimbursement shall be credited to
            the appropriation, fund, or account utilized for paying
            such compensation, travel expenses, or allowances, or
            to the appropriation, fund, or account currently
            available for such purpose; or
              (3) upon an advance of funds, property or services to
            the United States Government accepted with the approval
            of the President for specified uses in furtherance of
            the purposes of this Act; and funds so advanced may be
            established as a separate fund in the Treasury of the
            United States Government, to be available for the
            specified uses, and to be used for reimbursement of
            appropriations or direct expenditure subject to the
            provisions of this Act, any unexpended balance of such
            account to be returned to the foreign government or
            international organization.

                              utilization of funds

        Sec. 15.\86\ (a) Funds made available for the purposes of
    this Act may be used for compensation, allowances and travel of
    employees, including members of the Foreign Service \87\ whose
    services are utilized primarily for the purposes of this Act,
    for printing and binding without regard to the provisions of
    any other law, and for expenditures outside the United States
    for the procurement of supplies and services and for other
    administrative and operating purposes (other than compensation
    of employees) without regard to such laws and regulations
    governing the obligation and expenditure of Government funds as
    may be necessary to accomplish the purposes of this Act.
    ---------------------------------------------------------------------------
        \86\ 22 U.S.C. 2514.
        \87\ Sec. 2202(e) of the Foreign Service Act of 1980 (Public Law
    96-465; 94 Stat. 2158) struck out ``Foreign Service personnel'' and
    inserted in lieu thereof ``members of the Foreign Service''.
    ---------------------------------------------------------------------------
        (b) \88\ Funds made available for the purposes of this Act
    may be used to pay expenses in connection with travel abroad of
    employees and to the extent otherwise authorized by this Act,
    of volunteers, including travel expenses of dependents
    (including expenses during necessary stopovers while engaged in
    such travel), and transportation of personal effects, household
    goods, and automobiles when any part of such travel or
    transportation begins in one fiscal year pursuant to travel
    orders issued in that fiscal year, notwithstanding the fact
    that such travel or transportation may not be completed during
    the same fiscal year, and cost of transporting to and from a
    place of storage, and the cost of storing automobiles of
    employees when it is in the public interest or more economical
    to authorize storage.
    ---------------------------------------------------------------------------
        \88\ Sec. 201(16) of the Fiscal Year Transition Act (Public Law 94-
    274) provided that the period July 1, 1976 through Sept. 30, 1976 shall
    be treated as a fiscal year for the purposes of sec. 15(b).
    ---------------------------------------------------------------------------
        (c) Funds available under this Act may be used to pay costs
    of training employees employed or assigned pursuant to section
    7(a)(2) \89\ of this Act (through interchange or otherwise) at
    any State or local unit of government, public or private
    nonprofit institution, trade, labor, agricultural, or
    scientific association or organization, or commercial firms;
    and the provisions of subchapter VI of chapter 33 of title 5,
    United States Code \90\ may be used to carry out the foregoing
    authority notwithstanding that interchange of personnel may not
    be involved or that the training may not take place at the
    institutions specified in that Act. Any \91\ payments or
    contributions in connection therewith may, as deemed
    appropriate by the head of the agency of the United States
    Government authorizing such training, be made by private or
    public sources and be accepted by any trainee, or may be
    accepted by and credited to the current applicable
    appropriation of such agency: Provided, however, That any such
    payments to an employee in the nature of compensation shall be
    in lieu, or in reduction, of compensation received from the
    United States Government.
    ---------------------------------------------------------------------------
        \89\ Sec. 3(a) of Public Law 89-572 (80 Stat. 765) struck out
    ``section 7(c)(2)'' and inserted in lieu thereof ``section 7(a)(2)''.
        \90\ Sec. 2(b)(5) of Public Law 106-30 (113 Stat. 56) struck out
    ``Public Law 84-918 (7 U.S.C. 1881 et seq.)'' and inserted in lieu
    thereof ``subchapter VI of chapter 33 of title 5, United States Code''.
        \91\ Sec. 7 of Public Law 89-134 (79 Stat. 551) struck out ``Such
    training shall not be considered employment or holding of office under
    section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62), and
    any'' and inserted in lieu thereof ``Any''.
    ---------------------------------------------------------------------------
        (d) Funds available for the purposes of this Act shall be
    available for--
              (1) rent of buildings and space in buildings in the
            United States, and for repair, alteration, and
            improvement of such leased properties;
              (2) expenses of attendance at meetings concerned with
            the purposes of this Act, including (notwithstanding
            the provisions of section 1346 of title 31, United
            States Code) \92\ expenses in connection with meetings
            of persons whose employment is authorized by section
            13(a) of this Act;
    ---------------------------------------------------------------------------
        \92\ Sec. 2(b)(6) of Public Law 106-30 (113 Stat. 56) struck out
    ``section 9 of Public Law 60-328 (31 U.S.C. 673)'' and inserted in lieu
    thereof ``section 1346 of title 31, United States Code''.
    ---------------------------------------------------------------------------
              (3) rental and hire of aircraft;
              (4) purchase and hire of passenger motor vehicles:
            Provided, That, except as may otherwise be provided in
            an appropriation or other Act, passenger motor vehicles
            for administrative purposes abroad may be purchased for
            replacement only, and such vehicles may be exchanged or
            sold and replaced by an equal number of such vehicles,
            and the cost, including exchange allowance, of each
            such replacement shall not exceed the applicable cost
            limitation described in section 636(a)(5) of the
            Foreign Assistance Act of 1961 \93\ in the case of an
            automobile for any Peace Corps country representative
            appointed under section 7(c): \94\ Provided further,
            That the provisions of section 1343 of Title 31, United
            States Code, shall not apply to the purchase of
            vehicles for the transportation, maintenance, or direct
            support of volunteers overseas: \93\ Provided further,
            That passenger motor vehicles may be purchased for use
            in the United States only as may be specifically
            provided in an appropriation or other Act;
    ---------------------------------------------------------------------------
        \93\ The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 101(e) of Public Law 100-202; 101 Stat.
    1329) deleted ``$2,500'', and added the words beginning with ``the
    applicable cost'' and ending in ``Act of 1961'' and the proviso
    regarding section 1343 of Title 31 U.S.C.
        \94\ Sec. 3(b) of Public Law 89-572 (80 Stat. 765) struck out
    ``7(e)'' and inserted in lieu thereof ``7(c)''.
    ---------------------------------------------------------------------------
              (5) entertainment (not to exceed $5,000 in any fiscal
            year) except as may otherwise be provided in any
            appropriation or other Act; \95\
    ---------------------------------------------------------------------------
        \95\ Sec. 211(a) of the Fiscal Year Transition Act (Public Law 94-
    274) provided that for the period July 1, 1976 through Sept. 30, 1976
    the limitation on expenditures in secs. 15(d)(5) and 15(d)(7) shall be
    $1,500.
    ---------------------------------------------------------------------------
              (6) exchange of funds \96\ and loss by exchange;
    ---------------------------------------------------------------------------
        \96\ Sec. 2(b)(7) of Public Law 106-30 (113 Stat. 56) struck out
    ``without regard to section 3561 of the Revised Statutes (31 U.S.C.
    543)'' after ``exchange of funds''.
    ---------------------------------------------------------------------------
              (7) expenditures (not to exceed $20,000 \97\ in any
            fiscal year except as may be otherwise provided in
            appropriation or other Act) \95\ not otherwise
            authorized by law to meet unforeseen emergencies or
            contingencies arising in the Peace Corps: Provided,
            That a certificate of the amount only of each such
            expenditure and that such expenditure was necessary to
            meet an unforeseen emergency or contingency, made by
            the Director of the Peace Corps or his designee, shall
            be deemed a sufficient voucher for the amount therein
            specified;
    ---------------------------------------------------------------------------
        \97\ This figure was increased from $5,000 to $20,000 by sec.
    601(c) of the International Security and Development Cooperation Act of
    1980 (Public Law 96-533; 94 Stat. 3155).
    ---------------------------------------------------------------------------
              (8) insurance of official motor vehicles acquired for
            use abroad;
              (9) rent or lease abroad for not to exceed five years
            of offices, health facilities, buildings, grounds, and
            living quarters, and payments therefor in advance;
            maintenance, furnishings, necessary repairs,
            improvements, and alterations to properties owned or
            rented by the United States Government or made
            available for its use abroad; and costs of fuel, water,
            and utilities for such properties;
              (10) expenses of preparing and transporting to their
            former homes, or with respect to foreign participants
            engaged in activities under this Act, to their former
            homes or places of burial, and of care and disposition
            of, the remains of persons or members of the families
            of persons who may die while such persons are away from
            their homes participating in activities under this Act;
              (11) use in accordance with authorities of the
            Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)
            \98\ not otherwise provided for;
    ---------------------------------------------------------------------------
        \98\ Sec. 2(b)(8) of Public Law 106-30 (113 Stat. 56) struck out
    ``Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)'' and
    inserted in lieu thereof ``Foreign Service Act of 1980 (22 U.S.C. 3901
    et seq.)''.
    ---------------------------------------------------------------------------
              (12) ice and drinking water for use abroad; and
              (13) \99\ the transportation of Peace Corps
            employees, Peace Corps volunteers, dependents of such
            employees and volunteers, and accompanying baggage, by
            a foreign air carrier when the transportation is
            between two places outside the United States without
            regard to section 40118 of title 49, United States
            Code.
    ---------------------------------------------------------------------------
        \99\ Sec. 2(a) of Public Law 106-30 (113 Stat. 55) struck out
    ``and'' at the end of para. (11); replaced a period at the end of para.
    (12) with ``; and''; and added a new para. (13).
    ---------------------------------------------------------------------------

    SEC. 16.\100\ FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.

        (a) Establishment.--(1) There is established in the
    Treasury of the United States an account to be known as the
    ``Foreign Currency Fluctuations, Peace Corps, Account''. The
    account shall be used for the purpose of providing funds to pay
    expenses for operations of the Peace Corps outside the United
    States which, as a result of fluctuations in currency exchange
    rates, exceed the amount appropriated for such expenses.
    ---------------------------------------------------------------------------
        \100\ 22 U.S.C. 2515. Sec. 2(a) of Public Law 102-565 (106 Stat.
    4265) added sec. 16. Formerly, a sec. 16 relating to appointments of
    persons serving under prior law was repealed by sec. 5(a) of Public Law
    89-572 (80 Stat. 765).
        Sec. 2(b) of Public Law 102-565 (106 Stat. 4265) provided that:
        ``(b) Effective Date.--The amendment made by subsection (a) applies
    with respect to each fiscal year after fiscal year 1992.''.
    ---------------------------------------------------------------------------
        (2) Funds in the account may be transferred, upon the
    certification of the Director of the Peace Corps (or the
    Director's designee) that the transfer is necessary for the
    purpose specified in paragraph (1), to the account containing
    funds appropriated for the expenses of the Peace Corps.
        (b) Use of Funds in the Account.--Funds transferred under
    subsection (a) shall be merged with, and be available for the
    same time period, as the appropriation to which they are
    applied. Notwithstanding any provision of law limiting the
    amount of funds the Peace Corps may obligate in any fiscal
    year, such amount shall be increased to the extent necessary to
    reflect fluctuations in exchange rates from those used in
    preparing the budget submission.
        (c) Exchange Rates Applicable to Obligations.--An
    obligation of the Peace Corps payable in the currency of a
    foreign country may be recorded as an obligation based upon
    exchange rates used in preparing a budget submission. A change
    reflecting fluctuations in exchange rates may be recorded as a
    disbursement is made.
        (d) Transfers Back to Account.--Funds transferred from the
    Foreign Currency Fluctuations, Peace Corps, Account may be
    transferred back to that account--
              (1) if the funds are not needed to pay obligations
            incurred because of fluctuations in currency exchange
            rates of foreign countries in the appropriation to
            which the funds were originally transferred; or
              (2) because of subsequent favorable fluctuations in
            the rates or because other funds are, or become,
            available to pay such obligations.
        (e) Limitation on Transfers Back.--A transfer of funds back
    to the account under subsection (d) may not be made after the
    end of the fiscal year or other period for which the
    appropriation, to which the funds were originally transferred,
    is available for obligation.
        (f) Transfers to the Account From Regular Appropriations.--
    (1) At the end of the fiscal year or other period for which
    appropriations for the expenses of the Peace Corps are made
    available, unobligated balances of such appropriation may be
    transferred into the Foreign Currency Fluctuations, Peace
    Corps, Account, to be merged with, and to be available for the
    same period and purposes as, that account.
        (2) The authority of this subsection shall be exercised
    only to the extent that specific amounts are provided in
    advance in an appropriation Act.
        (g) Authorization of Appropriations.--There are authorized
    to be appropriated to the Foreign Currency Fluctuations, Peace
    Corps, Account for each fiscal year such sums as may be
    necessary to maintain a balance of $5,000,000 in such account
    at the beginning of such fiscal year.
        (h) Reports.--Each year the Director of the Peace Corps
    shall submit to the Committee on Foreign Affairs \101\ and the
    Committee on Appropriations of the House of Representatives,
    and to the Committee on Foreign Relations and the Committee on
    Appropriations of the Senate, a report on funds transferred
    under this section.
    ---------------------------------------------------------------------------
        \101\ 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.
    ---------------------------------------------------------------------------

                           use of foreign currencies

        Sec. 17.\102\ Whenever possible, expenditures incurred in
    carrying out functions under this Act shall be paid for in such
    currency of the country or area where the expense is incurred
    as may be available to the United States.
    ---------------------------------------------------------------------------
        \102\ 22 U.S.C. 2516.
    ---------------------------------------------------------------------------

         activities promoting americans' understanding of other peoples

        Sec. 18.\103\ In order to further the goal of the Peace
    Corps, as set forth in section 2 of this Act, relating to the
    promotion of a better understanding of other peoples on the
    part of the American people, the Director, utilizing the
    authorities under section 10(a)(1) and other provisions of law,
    shall, as appropriate, encourage, facilitate, and assist
    activities carried out by former volunteers in furtherance of
    such goal and the efforts of agencies, organizations, and other
    individuals to support or assist in former volunteers' carrying
    out such activities.
    ---------------------------------------------------------------------------
        \103\ 22 U.S.C. 2517. Added by the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1988 (Public Law
    100-202; 101 Stat. 1329).
        Sec. 408(c) of the Microenterprise for Self-Reliance and
    International Anti-Corruption Act of 2000 (Public Law 106-309; 114
    Stat. 1100) provided the following:
        ``(c) Designation of Paul D. Coverdell Fellows Program.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Effective on the date of the enactment of this Act,
    the program under section 18 of the Peace Corps Act (22 U.S.C. 2517)
    referred to before such date as the `Peace Corps Fellows/USA Program' is
    redesignated as the `Paul D. Coverdell Fellows Program'.

      ``(2) References.--Any reference before the date of the enactment of this
    Act in any law, regulation, order, document, record, or other paper of the
    United States to the Peace Corps Fellows/USA Program shall, on and after
    such date, be considered to refer to the Paul D. Coverdell Fellows
    Program.''.
    ---------------------------------------------------------------------------

        Sec. 603 of the Assistance for International Malaria Control Act
    (Public Law 106-570; 114 Stat. 3052) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 603. designation of paul d. coverdell world wise schools program.
    ---------------------------------------------------------------------------

        ``(a) In General.--Effective on the date of enactment of this Act,
    the program under section 18 of the Peace Corps Act (22 U.S.C. 2517)
    referred to before such date as the `World Wise Schools Program' is
    redesignated as the `Paul D. Coverdell World Wise Schools Program'.
        ``(b) References.--Any reference before the date of enactment of
    this Act in any law, regulation, order, document, record, or other
    paper of the United States to the Peace Corps World Wise Schools
    Program shall, on and after such date, be considered to refer to the
    Paul D. Coverdell World Wise Schools Program.''.
        The former sec. 18 was repealed by sec. 605(b) of the International
    Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
    Stat. 1543). It had stated that the Mutual Defense Assistance Control
    Act of 1951 would apply with respect to functions carried out under
    this Act except in cases where the President determined that such
    application would be detrimental to U.S. interests.
    ---------------------------------------------------------------------------

                     exclusive right to seal and name \104\

        Sec. 19.\104\ (a) The President may adopt, alter and use an
    official seal or emblem of the Peace Corps of such design as he
    shall determine which shall be judicially noticed.
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 2518. Sec. 7 of Public Law 88-200 (77 Stat. 360)
    substituted the title ``exclusive right to seal and name'' in lieu of
    the title ``seal''; added subsection designation ``(a)'' and added
    subsec. (b).
    ---------------------------------------------------------------------------
        (b)(1) The use of the official seal or emblem and the use
    of the name ``Peace Corps'' shall be restricted exclusively to
    designate programs authorized under this Act.
        (2) Whoever, whether an individual, partnership,
    corporation, or association, uses the seal for which provision
    is made in this section, of any sign, insignia, or symbol in
    colorable imitation thereof, or the words ``Peace Corps'' or
    any combination of these or other words or characters, in
    colorable imitation thereof, other than to designate programs
    authorized under this Act, shall be fined not more than $500 or
    imprisoned not more than six months, or both. A violation of
    this subsection may be enjoined at the suit of the Attorney
    General, United States attorneys, or other persons duly
    authorized to represent the United States.

                          moratorium on student loans

        Sec. 20.\105\ * * * [Repealed--1966]
    ---------------------------------------------------------------------------
        \105\ Sec. 5(a) of Public Law 89-572 repealed former sec. 20 (75
    Stat. 623), which related to the moratorium on student loans. Such
    repeal, by virtue of sec. 5(b) of Public Law 89-572, does not affect
    the amendment of sec. 205 of the National Defense Education Act of 1958
    (20 U.S.C. 425) contained in the former sec. 20.
    ---------------------------------------------------------------------------

                   amendment to civil service retirement act

        Sec. 21.\106\ * * * [Repealed--1966]
    ---------------------------------------------------------------------------
        \106\ Sec. 5(a) of Public Law 89-572 repealed former sec. 21 (75
    Stat. 623), which related to amendment to the Civil Service Retirement
    Act. Such repeal, by virtue of sec. 5(b) of Public Law 89-572 does not
    affect the amendment of subsec. (j) of sec. 3 of the Civil Service
    Retirement Act, as amended (5 U.S.C. 8333), contained in the former
    sec. 21.
    ---------------------------------------------------------------------------

                            security investigations

        Sec. 22.\107\ All persons employed or assigned to duties
    under this Act shall be investigated to insure that the
    employment or assignment is consistent with the national
    interest in accordance with standards and procedures
    established by the President. If an investigation made pursuant
    to this section develops any data reflecting that the person
    who is the subject of the investigation is of questionable
    loyalty or is a questionable security risk, the investigating
    agency shall refer the matter to the Federal Bureau of
    Investigation for the conduct of a full field investigation.
    The results of that full field investigation shall be furnished
    to the initial investigating agency, and to the agency by which
    the subject person is employed, for information and appropriate
    action. Volunteers shall be deemed employees of the United
    States Government for the purpose of this section.
    ---------------------------------------------------------------------------
        \107\ 22 U.S.C. 2519.
    ---------------------------------------------------------------------------

                  universal military training and service act

        Sec. 23.\108\ Notwithstanding the provisions of any other
    law or regulation, service in the Peace Corps as a volunteer
    shall not in any way exempt such volunteer from the performance
    of any obligations or duties under the provisions of the
    Universal Military Training and Service Act.
    ---------------------------------------------------------------------------
        \108\ 22 U.S.C. 2520.
    ---------------------------------------------------------------------------

                          foreign language proficiency

        Sec. 24.\109\ No person shall be assigned to duty as a
    volunteer under this Act in any foreign country or area unless
    at the time of such assignment he possesses such reasonable
    proficiency as his assignment requires in speaking the language
    of the country or area to which he is assigned.
    ---------------------------------------------------------------------------
        \109\ 22 U.S.C. 2521.
    ---------------------------------------------------------------------------

                            nonpartisan appointments

        Sec. 25.\110\ In carrying out this Act, no political test
    or political qualification may be used in--
    ---------------------------------------------------------------------------
        \110\ 22 U.S.C. 2521a. Added by sec. 1105(a)(2) of the
    International Security and Development Cooperation Act of 1985 (Public
    Law 99-83; 99 Stat. 276). Sec. 1105(a)(1) of such Act redesignated
    existing secs. 25, 26, and 27 as secs. 26, 27, and 28, respectively.
    ---------------------------------------------------------------------------
              (1) selecting any person for enrollment as a
            volunteer or for appointment to a position at, or for
            assignment to (or for employment for assignment to), a
            duty station located abroad, or
              (2) promoting or taking any other action with respect
            to any volunteer or any person assigned to such a duty
            station.

                                  definitions

        Sec. 26.\110\, \111\ (a) The term ``abroad''
    means any area outside the United States.
    ---------------------------------------------------------------------------
        \111\ 22 U.S.C. 2522.
    ---------------------------------------------------------------------------
        (b) The term of ``United States'' means the several States
    \112\ and the District of Columbia.
    ---------------------------------------------------------------------------
        \112\ Sec. 4 of Public Law 89-572 (80 Stat. 765) struck out ``and
    territories'' at this point.
    ---------------------------------------------------------------------------
        (c) The term ``function'' includes any duty, obligation,
    right, power, authority, responsibility, privilege, discretion,
    activity and program.
        (d) The term ``health care'' includes all appropriate
    examinations, preventive, curative, and restorative health and
    medical care, and supplementary services when necessary.
        (e) For the purposes of this or any other Act, the period
    of any individual's service as a volunteer under this Act shall
    include--
              (i) except for the purposes of section 5(f) of this
            Act, any period of training under section 8(a) prior to
            enrollment as a volunteer under this Act; and
              (ii) the period between enrollment as a volunteer and
            the termination of service as such volunteer by the
            President or by death or resignation.
        (f) The term ``United States Government agency'' includes
    any department, board, wholly or partly owned corporation, or
    instrumentality, commission, or establishment of the United
    States Government.
        (g) The word ``transportation'' in sections 5(b), 5(m), and
    6(2) includes transportation of not to exceed three hundred
    pounds per person of unaccompanied necessary personal and
    household effects.

                                  construction

        Sec. 27.\110\, \113\ If any provision of this
    Act or the application of any provision to any circumstances or
    persons shall be held invalid, the validity of the remainder of
    this Act and the applicability of such provision to other
    circumstances or persons shall not be affected thereby.
    ---------------------------------------------------------------------------
        \113\ 22 U.S.C. 2523.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 28.\110\, \114\ This Act shall take effect
    on the date of its enactment.
    ---------------------------------------------------------------------------
        \114\ 22 U.S.C. 2501 note.
    ---------------------------------------------------------------------------

      TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

                             taxation of allowances

        Sec. 201.\115\ * * * [Repealed--1966]
    ---------------------------------------------------------------------------
        \115\ Repealed by Public Law 89-572.
    ---------------------------------------------------------------------------

                            social security coverage

        Sec. 202.\115\ * * * [Repealed--1966]

          TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS \116\

        Sec. 301. (a) \117\ The Congress declares that it is the
    policy of the United States and a further purpose of this Act
    (1) to encourage countries and areas to establish programs
    under which their citizens and nationals would volunteer to
    serve in order to help meet the needs of less developed
    countries or areas for trained manpower; (2) to encourage less
    developed countries or areas to establish programs under which
    their citizens and nationals would volunteer to serve in order
    to meet their needs for trained manpower; and (3) to encourage
    the development of, and participation in, international
    voluntary service programs and activities.
    ---------------------------------------------------------------------------
        \116\ 22 U.S.C. 2501a. Added by sec. 8 of Public Law 88-200 (77
    Stat. 360).
        \117\ Sec. 3(1) of Public Law 91-99 (83 Stat. 166) amended and
    restated subsec. (a), which previously read as follows: ``(a) The
    Congress declares that it is the policy of the United States and a
    further purpose of this Act to encourage countries and areas to
    establish programs under which their citizens and nationals would
    volunteer to serve in order to help meet the needs of less developed
    countries or areas for trained manpower, and to encourage less
    developed countries or areas to establish programs under which their
    citizens and nationals would volunteer to serve in order to meet their
    needs for trained manpower.''.
    ---------------------------------------------------------------------------
        (b)(1) \118\ Activities carried out by the President in
    furtherance of the purposes of clauses (1) and (2) of
    subsection (a) shall be limited to--
    ---------------------------------------------------------------------------
        \118\ Sec. 7 of Public Law 95-331 (92 Stat. 415) amended and
    restated para. (1). It formerly read as follows:
        ``(1) Activities carried out by the President in furtherance of the
    purposes of clauses (1) and (2) of subsection (a) of this section shall
    be limited to the furnishing of knowledge and skills relating to the
    selection, training, and programing of volunteer manpower. None of the
    funds available for use in the furtherance of such purposes may be
    contributed to any international organization or to any foreign
    government or agency thereof; nor may such funds be used to pay the
    costs of developing or operating volunteer programs of such
    organization, government, or agency, or to pay any other costs of such
    organization, government, or agency.''.
    ---------------------------------------------------------------------------
              (A) furnishing technical assistance, materials,
            tools, supplies, and training appropriate to the
            support of volunteer programs in such countries or
            areas; and
              (B) conducting demonstration projects in such
            countries or areas.
    None of the funds made available to carry out the purposes of
    clauses (1) and (2) of subsection (a) may be used to pay the
    administrative costs of any program or project, other than a
    demonstration project, or to assist any program or project of a
    paramilitary or military nature. Funds allocated for activities
    set forth in this paragraph should be kept to a minimum so that
    such allocation will not be detrimental to other Peace Corps
    programs and activities.
        (2) \119\ Not more than 2 per centum of the amount
    appropriated to the Peace Corps for a fiscal year may be used
    in such fiscal year \120\, \121\ to carry out the
    provisions of clause (3) of subsection (a) of this section.
    Such funds may be contributed to educational institutions,
    private voluntary organizations, international organizations,
    and foreign governments or agencies thereof, to pay a fair and
    proportionate share of the costs of encouraging the development
    of, and participation in, international voluntary programs and
    activities.
    ---------------------------------------------------------------------------
        \119\ Sec. 402 of Public Law 92-352 (86 Stat. 495) amended and
    restated para. (2).
        \120\ The 2 per centum appropriation limitation was substituted in
    lieu of a limitation of $350,000 in any fiscal year by sec. 8 of Public
    Law 95-331 (92 Stat. 416). Sec. 8 further provided that this amendment
    would become effective on Oct. 1, 1978.
        \121\ Sec. 112(b) of the Fiscal Year Transition Act (Public Law 94-
    274) provided that for the period July 1, 1976 through Sept. 30, 1976,
    the limitation on expenditures in sec. 301(b)(2) shall be $100,000.
    ---------------------------------------------------------------------------
        (c) Such activities shall not compromise the national
    character of the Peace Corps.
          2. Establishment of the Peace Corps as an Independent Agency

         Partial text of Public Law 97-113 [International Security and
     Development Cooperation Act of 1981; S. 1196], 95 Stat. 1519 at 1540,
                           approved December 29, 1981

              * * * * * * *

                             TITLE VI--PEACE CORPS

                     establishment as an independent agency

        Sec. 601. (a) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Subsec. (a) added a new sec. 2A to the Peace Corps Act
    establishing the Peace Corps as an independent agency.
    ---------------------------------------------------------------------------
        (b) \2\ There are transferred to the Director of the Peace
    Corps all functions relating to the Peace Corps which were
    vested in the Director of the ACTION Agency on the day before
    the date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2501-1 note.
    ---------------------------------------------------------------------------
        (c)(1) \2\ All personnel, assets, liabilities, contracts,
    property, records, and unexpended balances of appropriations,
    authorizations, allocations, and other funds as are determined
    by the Director of the Office of Management and Budget, after
    consultation with the Comptroller General of the United States,
    the Director of the Peace Corps, and the Director of the ACTION
    Agency, to be employed, held, used, or assumed primarily in
    connection with any function relating to the Peace Corps before
    the date of the enactment of this Act are transferred to the
    Peace Corps. The transfer of unexpended balances pursuant to
    the preceding sentence shall be subject to section 202 of the
    Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c).
        (2)(A) The transfer pursuant to this subsection of full-
    time personnel (except special Government employees) and part-
    time personnel holding permanent positions shall not cause any
    employee to be separated or reduced in rank, class, grade, or
    compensation, or otherwise suffer a loss of employment benefits
    for one year after--
              (i) the date on which the Director of the Office of
            Management and Budget submits the report required by
            subsection (f)(1) of this section, or
              (ii) the effective date of the transfer of such
            employee,
    whichever occurs later.
        (B) The personnel transferred pursuant to this subsection
    shall, to the maximum extent feasible, be assigned to such
    related functions and organizational units in the Peace Corps
    as such personnel were assigned to immediately before the date
    of the enactment of this Act.
        (C) Collective-bargaining agreements in effect on the date
    of the enactment of this Act covering personnel transferred
    pursuant to this subsection or employed on such date of
    enactment by the Peace Corps shall continue to be recognized by
    the Peace Corps until the termination date of such agreements
    or until such agreements are modified in accordance with
    applicable procedures.
        (3) Under such regulations as the President may prescribe,
    each person who, immediately before the date of the enactment
    of this Act, does not hold an appointment under section 7(a)(2)
    of the Peace Corps Act and who is determined under paragraph
    (1) of this subsection to be employed primarily in connection
    with any function relating to the Peace Corps shall, effective
    on the date of the enactment of this Act, and notwithstanding
    subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be
    appointed a member of the Foreign Service under section 7(a)(2)
    of the Peace Corps Act, and be appointed or assigned to an
    appropriate class of the Foreign Service, except that--
              (A) any person who, immediately before such date of
            enactment, holds a career or career-conditional
            appointment shall not, without the consent of such
            person, be so appointed until three years after such
            date of enactment, during which period any such person
            not consenting to be so appointed may continue to hold
            such career or career-conditional appointment; and
              (B) each person so appointed who, immediately before
            such date of enactment, held a career or career-
            conditional appointment at grade GS-8 or lower of the
            General Schedule established by section 5332 of title
            5, United States Code, shall be appointed a member of
            the Foreign Service for the duration of operations
            under the Peace Corps Act.
    Each person appointed under this paragraph shall receive basic
    compensation at the rate of such person's class determined by
    the President to be appropriate, except that the rate of basic
    compensation received by such person immediately before the
    effective date of such person's appointment under this
    paragraph shall not be reduced as a result of the provisions of
    this paragraph.
        (d)(1) \3\ * * *
    ---------------------------------------------------------------------------
        \3\ Subsec. (d)(1) amended sec. 4(b) of the Peace Corps Act.
    ---------------------------------------------------------------------------
        (2) \4\ The Director of the Peace Corps shall continue to
    exercise all the functions under the Peace Corps Act or any
    other law or authority which the Director was performing on
    December 14, 1981.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2503 note.
    ---------------------------------------------------------------------------
        (e)(1) \5\ * * *
    ---------------------------------------------------------------------------
        \5\ Subsec. (e)(1) amended sec. 3 of the Peace Corps Act.
    ---------------------------------------------------------------------------
        (2) \6\ The amendment made by paragraph (1) of this
    subsection shall not alter or affect (A) the validity of any
    action taken before the date of the enactment of this Act under
    those provisions of law repealed by that amendment, or (B) the
    liability of any person for any payment described in section
    3(f) of the Peace Corps Act as in effect immediately before the
    date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2502 note. Para. (1) of subsec. (e) amended sec. 3 of
    the Peace Corps Act by repealing existing subsecs. (d), (e), and (f).
    See footnote 11, page 1567, for discussion of the subject matter of
    these repealed provisions.
    ---------------------------------------------------------------------------
        (f)(1) Not later than the thirtieth day after the date of
    the enactment of this Act, or February 15, 1982, whichever
    occurs later, the Director of the Office of Management and
    Budget, after consultation with the Director of the Peace Corps
    and the Director of the ACTION Agency, shall submit to the
    appropriate committees of the Congress and to the Comptroller
    General a report on the steps taken to implement the provisions
    of this title, including descriptions of the dispositions of
    administrative matters, including matters relating to
    personnel, assets, liabilities, contracts, property, records,
    and unexpended balances or appropriations, authorizations,
    allocations, and other funds employed, used, held, available,
    or to be made available in connection with functions or
    activities relating to the Peace Corps.
        (2) Not later than the forty-fifth day after the date of
    the enactment of this Act, or March 1, 1982, whichever occurs
    later, the Comptroller General shall submit to the appropriate
    committees of the Congress a report stating whether, in the
    judgment of the Comptroller General, determinations made by the
    Director of the Office of Management and Budget under
    subsection (c)(1) of this section were equitable.
        (g) \2\ References in any statute, reorganization plan,
    Executive order, regulation, or other official document or
    proceeding to the ACTION Agency or the Director of the ACTION
    Agency with respect to functions or activities relating to the
    Peace Corps shall be deemed to refer to the Peace Corps or the
    Director of the Peace Corps, respectively.
              * * * * * * *

     restoration of certain authorities formerly contained in the foreign
                                  service act

        Sec. 604.\7\ (a) * * *
    ---------------------------------------------------------------------------
        \7\ Subsec. (a) amended sec. 10 of the Peace Corps Act by adding
    new subsecs. (i) and (j).
    ---------------------------------------------------------------------------
        (b) * * *
        (c) \8\ To the extent that the authorities provided by the
    amendments made by subsection (a) are authorities which are not
    applicable with respect to the Peace Corps immediately before
    the enactment of this Act and which require the expenditure of
    funds, those authorities may not be exercised using any funds
    appropriated after February 15, 1981, and before the date of
    enactment of this Act.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2509 note.
    ---------------------------------------------------------------------------
              * * * * * * *
                         3. Paul D. Coverdell Programs

                 a. Paul D. Coverdell Peace Corps Headquarters

       Public Law 107-21 [S. 360], 115 Stat. 194, approved July 26, 2001

                       AN ACT To honor Paul D. Coverdell.

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

    SECTION 1.\1\ PEACE CORPS HEADQUARTERS.

        (a) In General.--Effective on the date of enactment of this
    Act, the headquarters offices of the Peace Corps, wherever
    situated, shall be referred to as the ``Paul D. Coverdell Peace
    Corps Headquarters''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2501 note.
    ---------------------------------------------------------------------------
        (b) References.--Any reference before the date of enactment
    of this Act in any law, regulation, order, document, record, or
    other paper of the United States to the headquarters or
    headquarters offices of the Peace Corps shall, on and after
    such date, be considered to refer to the Paul D. Coverdell
    Peace Corps Headquarters.

    SEC. 2. WORLD WISE SCHOOLS PROGRAM.

        Section 603 of the Paul D. Coverdell World Wise Schools Act
    of 2000 (title VI of Public Law 106-570) is amended by adding
    at the end the following new subsection: * * *

    SEC. 3. PAUL D. COVERDELL BUILDING.

        (a) Award.--From the amount appropriated under subsection
    (b) the Secretary of Education shall make an award to the
    University of Georgia to support the construction of the Paul
    D. Coverdell Building at the Institute of the Biomedical and
    Health Sciences at the University of Georgia.
        (b) Authorization of Appropriations.--There is authorized
    to be appropriated to carry out this section $10,000,000 for
    fiscal year 2002.
              b. Paul D. Coverdell World Wise Schools Act of 2000

     Title VI of Public Law 106-570 [Assistance for International Malaria
     Control Act; S. 2943], 114 Stat. 3038, approved December 27, 2000; as
    amended by Public Law 107-21 [S. 360], 115 Stat. 194, approved July 26,
                                      2001

      AN ACT To authorize additional assistance for international malaria
                        control, and for other purposes.

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

         TITLE VI--PAUL D. COVERDELL WORLD WISE SCHOOLS ACT OF 2000 \1\

    SEC. 601. SHORT TITLE.

        This title may be cited as the ``Paul D. Coverdell World
    Wise Schools Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2517 note.
    ---------------------------------------------------------------------------

    SEC. 602. FINDINGS.

        Congress makes the following findings:
              (1) Paul D. Coverdell was elected to the Georgia
            State Senate in 1970 and later became Minority Leader
            of the Georgia State Senate, a post he held for 15
            years.
              (2) As the 11th Director of the Peace Corps from 1989
            to 1991, Paul Coverdell's dedication to the ideals of
            peace and understanding helped to shape today's Peace
            Corps.
              (3) Paul D. Coverdell believed that Peace Corps
            volunteers could not only make a difference in the
            countries where they served but that the greatest
            benefit could be felt at home.
              (4) In 1989, Paul D. Coverdell founded the Peace
            Corps World Wise Schools Program to help fulfill the
            Third Goal of the Peace Corps, ``to promote a better
            understanding of the people served among people of the
            United States''.
              (5) The World Wise Schools Program is an innovative
            education program that seeks to engage learners in an
            inquiry about the world, themselves, and others in
            order to broaden perspectives; promote cultural
            awareness; appreciate global connections; and encourage
            service.
              (6) In a world that is increasingly interdependent
            and ever changing, the World Wise Schools Program pays
            tribute to Paul D. Coverdell's foresight and
            leadership. In the words of one World Wise Schools
            teacher, ``It's a teacher's job to touch the future of
            a child; it's the Peace Corps' job to touch the future
            of the world. What more perfect partnership.''.
              (7) Paul D. Coverdell served in the United States
            Senate from the State of Georgia from 1993 until his
            sudden death on July 18, 2000.
              (8) Senator Paul D. Coverdell was beloved by his
            colleagues for his civility, bipartisan efforts, and
            his dedication to public service.

    SEC. 603. DESIGNATION OF PAUL D. COVERDELL WORLD WISE SCHOOLS PROGRAM.

        (a) In General.--Effective on the date of enactment of this
    Act, the program under section 18 of the Peace Corps Act (22
    U.S.C. 2517) referred to before such date as the ``World Wise
    Schools Program'' is redesignated as the ``Paul D. Coverdell
    World Wise Schools Program''.
        (b) References.--Any reference before the date of enactment
    of this Act in any law, regulation, order, document, record, or
    other paper of the United States to the Peace Corps World Wise
    Schools Program shall, on and after such date, be considered to
    refer to the Paul D. Coverdell World Wise Schools Program.
        (c) \2\ New References in Peace Corps Documents.--The
    Director of the Peace Corps shall ensure that any reference in
    any public document, record, or other paper of the Peace Corps,
    including any promotional material, produced on or after the
    date of enactment of this subsection, to the program described
    in subsection (a) be a reference to the ``Paul D. Coverdell
    World Wise Schools Program''.
    ---------------------------------------------------------------------------
        \2\ Sec. 2 of Public Law 108-21 (115 Stat. 194) added subsec. (c).
                c. Paul D. Coverdell Fellows Program Act of 2000

     Partial text of 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

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

              * * * * * * *

    SEC. 408.\1\ PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000.

        (a) Short Title.--This section may be cited as the ``Paul
    D. Coverdell Fellows Program Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2517 note.
    ---------------------------------------------------------------------------
        (b) Findings.--Congress makes the following findings:
              (1) Paul D. Coverdell was elected to the George State
            Senate in 1970 and later became Minority Leader of the
            Georgia State Senate, a post he held for 15 years.
              (2) Paul D. Coverdell served with distinction as the
            11th Director of the Peace Corps from 1989 to 1991,
            where he promoted a fellowship program that was
            composed of returning Peace Corps volunteers who agreed
            to work in underserved American communities while they
            pursued educational degrees.
              (3) Paul D. Coverdell served in the United States
            Senate from the State of Georgia from 1993 until his
            sudden death on July 18, 2000.
              (4) Senator Paul D. Coverdell was beloved by his
            colleagues for his civility, bipartisan efforts, and
            his dedication to public service.
        (c) Designation of Paul D. Coverdell Fellows Program.--
              (1) In general.--Effective on the date of the
            enactment of this Act, the program under section 18 of
            the Peace Corps Act (22 U.S.C. 2517) referred to before
            such date as the ``Peace Corps Fellows/USA Program'' is
            redesignated as the ``Paul D. Coverdell Fellows
            Program''.
              (2) References.--Any reference before the date of the
            enactment of this Act in any law, regulation, order,
            document, record, or other paper of the United States
            to the Peace Corps Fellows/USA Program shall, on and
            after such date, be considered to refer to the Paul D.
            Coverdell Fellows Program.
                         4. Peace Corps Reauthorization

            a. Peace Corps Authorization--Fiscal Years 1994 and 1995

      Partial text of Public Law 103-236 [Foreign Relations Authorization
     Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
                                 April 30, 1994

      AN ACT To authorize appropriations for the Department of State, the
     United States Information Agency, and related agencies, and for other
                                   purposes.

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

                             TITLE VI--PEACE CORPS

    SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--There are authorized
    to be appropriated $219,745,000 for the fiscal year 1994 and
    $234,745,000 for the fiscal year 1995 to carry out the Peace
    Corps Act.
        (b) Availability of Funds.--Funds made available to the
    Peace Corps pursuant to the authorization under subsection (a)
    shall be available for the fiscal year for which appropriated
    and the subsequent year.

    SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. * * *
                 b. Peace Corps Authorization--Fiscal Year 1993

    Partial text of Public Law 102-565 [S. 3309], 106 Stat. 4265, approved
                                October 28, 1992

    AN ACT To amend the Peace Corps Act to authorize appropriations for the
    Peace Corps for fiscal year 1993 and to establish a Peace Corps foreign
             exchange fluctuations account, and for other purposes.

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

    SECTION 1.\1\ AUTHORIZATIONS OF APPROPRIATIONS. * * *
    ---------------------------------------------------------------------------

        \1\ Sec. 1 amended the Peace Corps Act at sec. 3(b) (22 U.S.C.
    2502(b)).
    ---------------------------------------------------------------------------

    SEC. 2. PEACE CORPS FOREIGN CURRENCY FLUCTUATIONS.

        (a) \2\ Establishment of Foreign Currency Fluctuations
    Account.--* * *
    ---------------------------------------------------------------------------
        \2\ Subsec. (a) added a new sec. 16 to the Peace Corps Act (22
    U.S.C. 2515).
    ---------------------------------------------------------------------------
        (b) \3\ Effective Date.--The amendment made by subsection
    (a) applies with respect to each fiscal year after fiscal year
    1992.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2515 note.
    ---------------------------------------------------------------------------

    SEC. 3.\4\ EVALUATION OF HEALTH-CARE SERVICES PROVIDED TO PEACE CORPS
                        VOLUNTEERS.

        (a) In General.--The Director of the Peace Corps shall
    contract with an eligible organization or organizations to
    conduct before January 1, 1997, a total of three evaluations of
    the health-care needs of the Peace Corps volunteers and the
    adequacy of the system through which the Peace Corps provides
    health-care services in meeting those needs.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2504 note.
    ---------------------------------------------------------------------------
        (b) Requirements of the Evaluations.--Each evaluation shall
    include an assessment of the adequacy of the Peace Corps
    health-care system--
              (1) to provide diagnostic, treatment, and referral
            services to meet the health-care needs of Peace Corps
            volunteers, and
              (2) to conduct health examinations of applicants for
            enrollment as Peace Corps volunteers and to provide
            immunization and dental care preparatory to service of
            applicants for enrollment who have accepted an
            invitation to begin a period of training for service as
            a Peace Corps volunteer.
        (c) Reports to the Peace Corps.--An organization making an
    evaluation under this section shall submit to the Director of
    the Peace Corps a report containing its findings and
    recommendations not later than May 31, 1993, December 31, 1994,
    and December 31, 1996, as the case may be. Each report shall
    include recommendations regarding appropriate standards and
    procedures for ensuring the furnishing of quality medical care
    and for measuring the quality of care provided to Peace Corps
    volunteers.
        (d) Report to Congress.--Not later than 90 days after
    receipt of a report required by subsection (c), the Director of
    the Peace Corps shall transmit the report, together with the
    Director's comments, to the appropriate congressional
    committees.
        (e) Definitions.--For purposes of this section--
              (1) the term ``appropriate congressional committees''
            means the Committee on Foreign Relations and the
            Committee on Appropriations of the Senate and the
            Committee on Foreign Affairs \5\ and the Committee on
            Appropriations of the House of Representatives; and
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the term ``eligible organization'' means an
            independent health-care accreditation organization or
            other independent organization with expertise in
            evaluating health-care systems similar to that of the
            Peace Corps.

    SEC. 4. REPORTING REQUIREMENT ON EMPLOYMENT-RELATED MATTERS.

        (a) In General.--Not later than May 31, 1992, the Director
    of the Peace Corps and the Secretary of Labor shall jointly
    submit to the appropriate congressional committees a report
    which describes--
              (1) the information provided by the Peace Corps to
            its volunteers and to applicants for volunteer service
            in the Peace Corps regarding the benefits and services
            to which Peace Corps volunteers or trainees may be
            entitled or for which they may be eligible in the event
            that they sustain injuries or become disabled during
            their service, or their training for service, with the
            Peace Corps;
              (2) the efforts by the Peace Corps and the Department
            of Labor to coordinate the provision of such
            information to Peace Corps volunteer-applicants and
            volunteers and the processing of claims by Peace Corps
            volunteers under the Federal Employees Compensation Act
            (FECA);
              (3) the number of Peace Corps volunteers and
            volunteer-applicants who have filed claims under the
            Federal Employees Compensation Act (FECA) and the
            percentage of the claims that have been approved; and
              (4) the timeliness of approvals or denials of claims
            of Peace Corps volunteers and volunteer-applicants
            under the Federal Employees Compensation Act (FECA).
        (b) Recommendations.--The report required by subsection (a)
    shall also include such recommendations as the Director of the
    Peace Corps and the Secretary of Labor may determine necessary
    to facilitate the filing and processing of claims by Peace
    Corps volunteers regarding the benefits described in that
    subsection.
        (c) Definitions.--For purposes of this section--
              (1) the term ``appropriate congressional committees''
            means the Committee on Foreign Relations and the
            Committee on Appropriations of the Senate and the
            Committee on Foreign Affairs \5\ and the Committee on
            Appropriations of the House of Representatives; and
              (2) the term ``Federal Employees Compensation Act
            (FECA)'' means chapter 81 of title 5, United States
            Code.

    SEC. 5. PEACE CORPS PROGRAMS IN THE FORMER SOVIET UNION.

        (a) Availability of Funds.--Up to $6,000,000 of the funds
    made available to carry out the Peace Corps Act for fiscal year
    1993 shall be made available for establishing Small Business
    Development Programs in the independent states of the former
    Soviet Union. The programs shall include the promotion of local
    economic development by providing technical assistance and
    training in municipal restructuring and financing,
    privatization, valuation of state-owned enterprises, the
    development and promotion of business associations, and the
    identification of investment opportunities and requirements.
        (b) Definition.--For purposes of this section, the term
    ``independent states of the former Soviet Union'' means the
    following (which formerly were part of the Soviet Union):
    Armenia, Azerbaijan, Byelarus, Georgia, Kazakhstan, Kyrgyzstan,
    Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and
    Uzbekistan.
          c. Peace Corps Authorization for Fiscal Years 1986 and 1987

        Partial text of Public Law 99-83 [S. 960], 99 Stat. 190 at 272,
                            approved August 8, 1985

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

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

                             TITLE XI--PEACE CORPS

    SEC. 1101.\1\ AUTHORIZATION OF APPROPRIATIONS. * * *
    ---------------------------------------------------------------------------

        \1\ Sec. 1101 amended sec. 3(b) of the Peace Corps Act (22 U.S.C.
    2502) to establish funding levels for fiscal years 1986 and 1987.
    ---------------------------------------------------------------------------

    SEC. 1102.\2\ NUMBER OF PEACE CORPS VOLUNTEERS. * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 1102 amended secs. 2 and 11 of the Peace Corps Act (22
    U.S.C. 2501 and 2510, respectively).
    ---------------------------------------------------------------------------

    SEC. 1103. LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT

        (a) * * *
        (b) \3\ Reports to Congress.--The Director of the Peace
    Corps shall, not later than January 1, 1986, submit to the
    Committee on Foreign Relations of the Senate and the Committee
    on Foreign Affairs \4\ of the House of Representatives a report
    describing the criteria to be applied by the Director in
    exercising the authority provided by the amendments made by
    subsection (a) to make appointments or assignments of
    individuals for periods of more than five years. Not later than
    each January 1 thereafter, the Director shall submit to the
    Committees referred to in the preceding sentence a report on--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2506 note.
        \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) the exercise of such authority during the
            preceding fiscal year for each of the purposes
            specified in paragraph (5) of section 7(a) of the Peace
            Corps Act, as added by subsection (a) of this section;
            and
              (2) the exercise during that fiscal year of the
            authority under paragraph (6) of such section 7(a), as
            added by subsection (a) of this section.

    SEC. 1104. PEACE CORPS NATIONAL ADVISORY COUNCIL.

        (a) * * *
        (b) \5\ Termination of Similar Advisory Body.--Any advisory
    body carrying out functions similar to those assigned to the
    Peace Corps National Advisory Council provided for in
    subsection (a) shall cease to exist sixty days after the date
    of the enactment of this Act.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2511 note.
    ---------------------------------------------------------------------------
              * * * * * * *
          5. Independent Implementing Provisions of Public Law 89-134

      Partial text of Public Law 89-134 [S. 2045], 79 Stat. 549, approved
                                August 24, 1965

              * * * * * * *

              The new Peace Corps personnel system provided for in
            sec. 7 of the Peace Corps Act, as amended by sec. 4 of
            Public Law 89-134 and sec. 302 of Public Law 96-53, is
            to be implemented according to sec. 5 of Public Law 89-
            134 which is set forth below.

              * * * * * * *

        Sec. 5.\1\ (a) Section 4 of this Act shall not become
    effective until the first day of the fourth pay period which
    begins after the date this Act becomes law.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2506 note.
    ---------------------------------------------------------------------------
        (b) Under such regulations as the President may prescribe,
    each person employed under authorities repealed by section 4(a)
    of this Act immediately prior to the effective date of that
    section shall effective on that date be appointed a Foreign
    Service Reserve officer or Foreign Service staff officer or
    employee under the authority of section 7(a)(2) of the Peace
    Corps Act, as amended, and appointed or assigned to an
    appropriate class thereof; except that--
              (1) no person who holds a career or career-
            conditional appointment immediately prior to the
            effective date of section 4(a) of this Act shall,
            without his consent, be so appointed until three years
            after such effective date; and
              (2) each person so appointed who, immediately prior
            to the effective date of section 4(a) of this Act, held
            a career or career-conditional appointment at grade 8
            or below of the General Schedule established by the
            Classification Act of 1949, as amended, shall receive
            an appointment for the duration of operations under the
            Peace Corps Act, as amended.
    Each person appointed under this subsection shall receive basic
    compensation at the rate of his class determined by the
    President to be appropriate, but the rate of basic compensation
    received by such person immediately prior to the effective date
    of his appointment under this subsection shall not be reduced
    by the provisions of this subsection.
              * * * * * * *
                     6. Higher Education Amendments of 1986

     Partial text of Public Law 99-498 [S. 1965], 100 Stat. 1268, approved
       October 17, 1986; amended by Public Law 102-325 [Higher Education
    Amendments of 1992; S. 1150], 106 Stat. 448, approved July 23, 1992 \1\

              * * * * * * *
        Sec. 465.\2\ (a) Cancellation of Percentage of Debt Based
    on Years of Qualifying Service.--(1) The percent specified in
    paragraphs (3) of this subsection of the total amount of any
    loan made after June 30, 1972, from a student loan fund
    assisted under this part shall be canceled for each complete
    year of service after such date by the borrower under
    circumstances described in paragraph (2).
    ---------------------------------------------------------------------------
        \1\ Public Law 102-325 amended and restated sec. 464 (20 U.S.C.
    1087dd), eliminating the terms and conditions for deferring the
    repayment of student loans for Peace Corps volunteers.
        \2\ 20 U.S.C. 1087ee.
    ---------------------------------------------------------------------------
        (2) Loans shall be canceled under paragraph (1) for
    service--
              * * * * * * *
              (E) \3\ as a volunteer under the Peace Corps Act or a
            volunteer under the Domestic Volunteer Service Act of
            1973;
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2501 note.
    ---------------------------------------------------------------------------
              * * * * * * *
                 7. National and Community Service Act of 1990

    Partial text of Public Law 101-610 [S. 1430], 104 Stat. 3127, approved
        November 16, 1990; amended by Public Law 102-384 [National and
    community Service Technical Amendment Act of 1992; S. 3175], 106 Stat.
    1455, approved October 5, 1992; and by Public Law 103-82 [National and
        Community Service Trust Act of 1993; H.R. 2010], 107 Stat. 785,
                          approved September 21, 1993

        AN ACT To enhance national and community service, and for other
                                   purposes.

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

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

        (a) Short Title.--This Act may be cited as the ``National
    and Community Service Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 12401 note.

              Note.--Title I, subtitle E, of the National and
            Community Service Act of 1990, relating to ``Innovative
            and Demonstration Programs and Projects'', including
            provisions for training and educational benefits
            demonstration programs to be carried out under the
            authority of the Director of the Peace Corps and the
            Director of ACTION (part III; 42 U.S.C. 12611 et seq.)
            was repealed by sec. 104(a) of the National and
            Community Service Trust Act of 1993 (Public Law 103-82;
            107 Stat. 840).
              Here follow sections of the National and Community
            Service Act of 1990, as amended, that take into
            consideration the participation of the Peace Corps, and
            its returning volunteers, in programs of the
            Corporation of National and Community Service.

              * * * * * * *

                 SUBTITLE C--NATIONAL SERVICE TRUST PROGRAM \2\

                     PART I--INVESTMENT IN NATIONAL SERVICE

    SEC. 121.\3\ AUTHORITY TO PROVIDE ASSISTANCE AND APPROVED NATIONAL
                        SERVICE POSITIONS.

        (a) Provision of Assistance.--Subject to the availability
    of appropriations for this purpose, the Corporation for
    National and Community Service \4\ may make grants to States,
    subdivisions of States, Indian tribes, public or private
    nonprofit organizations, and institutions of higher education
    for the purpose of assisting the recipients of the grants--
    ---------------------------------------------------------------------------
        \2\ Added by sec. 101(b) of the National and Community Service
    Trust Act of 1993 (Public Law 103-82; 107 Stat. 788).
        \3\ 42 U.S.C. 12571.
        \4\ The Corporation for National and Community Service, established
    in sec. 191 of this Act, as amended by sec. 202(a) of Public Law 103-82
    (107 Stat. 873). For composition, authorities and functions of the
    Corporation, see 42 U.S.C. 12651, 42 U.S.C. 12651a-h, and notes.
    ---------------------------------------------------------------------------
              (1) to carry out full- or part-time national service
            programs, including summer programs, described in
            section 122(a); and
              (2) to make grants in support of other national
            service programs described in section 122(a) that are
            carried out by other entities.
              * * * * * * *

    SEC. 122.\5\ TYPES OF NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM
                        ASSISTANCE.

        (a) Eligible National Service Programs.--The recipient of a
    grant under section 121(a) and each Federal agency receiving
    assistance under section 121(b) shall use the assistance,
    directly or through subgrants to other entities, to carry out
    full- or part-time national service programs, including summer
    programs, that address unmet human, educational, environmental,
    or public safety needs. Subject to subsection (b)(1), these
    national service programs may include the following types of
    national service programs:
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 12572.
    ---------------------------------------------------------------------------
              (1) A community corps program that meets unmet human,
            educational, environmental, or public safety needs and
            promotes greater community unity through the use of
            organized teams of participants of varied social and
            economic backgrounds, skill levels, physical and
            developmental capabilities, ages, ethnic backgrounds,
            or genders.
              (2) A full-time, year-round youth corps program or
            full-time summer youth corps program, such as a
            conservation corps or youth service corps (including
            youth corps programs under subtitle I, the Public Lands
            Corps established under the Public Lands Corps Act of
            1993, the Urban Youth Corps established under section
            106 of the National and Community Service Trust Act of
            1993, and other conservation corps or youth service
            corps that performs service on Federal or other public
            lands or on Indian lands or Hawaiian home lands),
            that--
                      (A) undertakes meaningful service projects
                    with visible public benefits, including natural
                    resource, urban renovation, or human services
                    projects;
                      (B) includes as participants youths and young
                    adults between the ages of 16 and 25,
                    inclusive, including out-of-school youths and
                    other disadvantaged youths (such as youths with
                    limited basic skills, youths in foster care who
                    are becoming too old for foster care, youths of
                    limited-English proficiency, homeless youths,
                    and youths who are individuals with
                    disabilities) who are between those ages; and
                      (C) provides those participants who are
                    youths and young adults with--
                              (i) crew-based, highly structured,
                            and adult-supervised work experience,
                            life skills, education, career guidance
                            and counseling, employment training,
                            and support services; and
                              (ii) the opportunity to develop
                            citizenship values and skills through
                            service to their community and the
                            United States.
              (3) A program that provides specialized training to
            individuals in service-learning and places the
            individuals after such training in positions, including
            positions as service-learning coordinators, to
            facilitate service-learning in programs eligible for
            funding under part I of subtitle B.
              (4) A service program that is targeted at specific
            unmet human, educational, environmental, or public
            safety needs and that--
                      (A) recruits individuals with special skills
                    or provides specialized preservice training to
                    enable participants to be placed individually
                    or in teams in positions in which the
                    participants can meet such unmet needs; and
                      (B) if consistent with the purposes of the
                    program, brings participants together for
                    additional training and other activities
                    designed to foster civic responsibility,
                    increase the skills of participants, and
                    improve the quality of the service provided.
              (5) An individualized placement program that includes
            regular group activities, such as leadership training
            and special service projects.
              (6) A campus-based program that is designed to
            provide substantial service in a community during the
            school term and during summer or other vacation periods
            through the use of--
                      (A) students who are attending an institution
                    of higher education, including students
                    participating in a work-study program assisted
                    under part C of title IV of the Higher
                    Education Act of 1965 (42 U.S.C. 2751 et seq.);
                      (B) teams composed of such students; or
                      (C) teams composed of a combination of such
                    students and community residents.
              (7) A preprofessional training program in which
            students enrolled in an institution of higher
            education--
                      (A) receive training in specified fields,
                    which may include classes containing service-
                    learning;
                      (B) perform service related to such training
                    outside the classroom during the school term
                    and during summer or other vacation periods;
                    and
                      (C) agree to provide service upon graduation
                    to meet unmet human, educational,
                    environmental, or public safety needs related
                    to such training.
              (8) A professional corps program that recruits and
            places qualified participants in positions--
                      (A) as teachers, nurses and other health care
                    providers, police officers, early childhood
                    development staff, engineers, or other
                    professionals providing service to meet
                    educational, human, environmental, or public
                    safety needs in communities with an inadequate
                    number of such professionals;
                      (B) that may include a salary in excess of
                    the maximum living allowance authorized in
                    subsection (a)(3) of section 140, as provided
                    in subsection (c) of such section; and
                      (C) that are sponsored by public or private
                    nonprofit employers who agree to pay 100
                    percent of the salaries and benefits (other
                    than any national service educational award
                    under subtitle D) of the participants.
              (9) A program in which economically disadvantaged
            individuals who are between the ages of 16 and 24 years
            of age, inclusive, are provided with opportunities to
            perform service that, while enabling such individuals
            to obtain the education and employment skills necessary
            to achieve economic self-sufficiency, will help their
            communities meet--
                      (A) the housing needs of low-income families
                    and the homeless; and
                      (B) the need for community facilities in low-
                    income areas.
              (10) A national service entrepreneur program that
            identifies, recruits, and trains gifted young adults of
            all backgrounds and assists them in designing solutions
            to community problems.
              (11) An intergenerational program that combines
            students, out-of-school youths, and older adults as
            participants to provide needed community services,
            including an intergenerational component for other
            national service programs described in this subsection.
              (12) A program that is administered by a combination
            of nonprofit organizations located in a low-income
            area, provides a broad range of services to residents
            of such area, is governed by a board composed in
            significant part of low-income individuals, and is
            intended to provide opportunities for individuals or
            teams of individuals to engage in community projects in
            such area that meet unaddressed community and
            individual needs, including projects that would--
                      (A) meet the needs of low-income children and
                    youth aged 18 and younger, such as providing
                    after-school ``safe-places'', including
                    schools, with opportunities for learning and
                    recreation; or
                      (B) be directed to other important
                    unaddressed needs in such area.
              (13) A community service program designed to meet the
            needs of rural communities, using teams or individual
            placements to address the development needs of rural
            communities and to combat rural poverty, including
            health care, education, and job training.
              (14) A program that seeks to eliminate hunger in
            communities and rural areas through service in
            projects--
                      (A) involving food banks, food pantries, and
                    nonprofit organizations that provide food
                    during emergencies;
                      (B) involving the gleaning of prepared and
                    unprepared food that would otherwise be
                    discarded as unusable so that the usable
                    portion of such food may be donated to food
                    banks, food pantries, and other nonprofit
                    organizations;
                      (C) seeking to address the long-term causes
                    of hunger through education and the delivery of
                    appropriate services; or
                      (D) providing training in basic health,
                    nutrition, and life skills necessary to
                    alleviate hunger in communities and rural
                    areas.
              (15) Such other national service programs addressing
            unmet human, educational, environmental, or public
            safety needs as the Corporation may designate.
              * * * * * * *

                    PART III--NATIONAL SERVICE PARTICIPANTS

              * * * * * * *

    SEC. 138.\6\ SELECTION OF NATIONAL SERVICE PARTICIPANTS.

        (a)-(c) * * *
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 12592.
    ---------------------------------------------------------------------------
        (d) Recruitment and Placement.--The Corporation and each
    State Commission shall establish a system to recruit
    individuals who desire to perform national service and to
    assist the placement of these individuals in approved national
    service positions, which may include positions available under
    titles I and II of the Domestic Volunteer Service Act of 1973
    (42 U.S.C. 4951 et seq.). The Corporation and State Commissions
    shall disseminate information regarding available approved
    national service positions through cooperation with secondary
    schools, institutions of higher education, employment service
    offices, State vocational rehabilitation agencies within the
    meaning of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
    seq.) and other State agencies that primarily serve individuals
    with disabilities, and other appropriate entities, particularly
    those organizations that provide outreach to disadvantaged
    youths and youths who are individuals with disabilities.
        (e) National Leadership Pool.--
              (1) Selection and training.--From among individuals
            recruited under subsection (d), the Corporation may
            select individuals with significant leadership
            potential, as determined by the Corporation, to receive
            special training to enhance their leadership ability.
            The leadership training shall be provided by the
            Corporation directly or through a grant or contract.
              (2) Emphasis on certain individuals.--In selecting
            individuals to receive leadership training under this
            subsection, the Corporation shall make special efforts
            to select individuals who have served--
                      (A) in the Peace Corps;
                      (B) as VISTA volunteers;
                      (C) as participants in national service
                    programs receiving assistance under section
                    121;
                      (D) as participants in programs receiving
                    assistance under subtitle D of the National and
                    Community Service Act of 1990, as in effect on
                    the day before the date of enactment of this
                    subtitle; or
                      (E) as members of the Armed Forces of the
                    United States and who were honorably discharged
                    from such service.
              (3) Assignment.--At the request of a program that
            receives assistance under the national service laws,
            the Corporation may assign an individual who receives
            leadership training under paragraph (1) to work with
            the program in a leadership position and carry out
            assignments not otherwise performed by regular
            participants. An individual assigned to a program shall
            be considered to be a participant of the program.
        (f) * * *
              * * * * * * *

         SUBTITLE G--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE \7\

    SEC. 191.\8\ CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

        There is established a Corporation for National and
    Community Service that shall administer the programs
    established under this Act. The Corporation shall be a
    Government corporation, as defined in section 103 of title 5,
    United States Code.
    ---------------------------------------------------------------------------
        \7\ Subtitle G was amended and restated by sec. 202(a) of Public
    Law 103-82 (107 Stat. 873).
        \8\ 42 U.S.C. 12651.
    ---------------------------------------------------------------------------

    SEC. 192.\9\ BOARD OF DIRECTORS.

        (a) Composition.--
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 12651a.
    ---------------------------------------------------------------------------
              (1) In general.--There shall be in the Corporation a
            Board of Directors (referred to in this subtitle as the
            ``Board'') that shall be composed of--
                      (A) 15 members, including an individual
                    between the ages of 16 and 25 who--
                              (i) has served in a school-based or
                            community-based service-learning
                            program; or
                              (ii) is or was a participant or a
                            supervisor in a program;
            to be appointed by the President, by and with the
            advice and consent of the Senate; and
                      (B) the ex officio nonvoting members
                    described in paragraph (3).
              (2) Qualifications.--To the maximum extent
            practicable, the President shall appoint members--
                      (A) who have extensive experience in
                    volunteer or service activities, which may
                    include programs funded under one of the
                    national service laws, and in State government;
                      (B) who represent a broad range of
                    viewpoints;
                      (C) who are experts in the delivery of human,
                    educational, environmental, or public safety
                    services;
                      (D) so that the Board shall be diverse
                    according to race, ethnicity, age, gender, and
                    disability characteristics; and
                      (E) so that no more than 50 percent of the
                    appointed members of the Board, plus 1
                    additional appointed member, are from a single
                    political party.
              (3) Ex officio members.--The Secretary of Education,
            the Secretary of Health and Human Services, the
            Secretary of Labor, the Secretary of the Interior, the
            Secretary of Agriculture, the Secretary of Housing and
            Urban Development, the Secretary of Defense, the
            Attorney General, the Director of the Peace Corps, the
            Administrator of the Environmental Protection Agency,
            and the Chief Executive Officer shall serve as ex
            officio nonvoting members of the Board.
              * * * * * * *

               SUBTITLE H--INVESTMENT FOR QUALITY AND INNOVATION

    SEC. 198.\10\ ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL
                        SERVICE.

        (a)-(g) * * *
    ---------------------------------------------------------------------------
        \10\ 42 U.S.C. 12653. Subtitle H was added by sec. 104(c) of Public
    Law 103-82 (107 Stat. 840).
    ---------------------------------------------------------------------------
        (h) Peace Corps and VISTA Training.--The Corporation may
    provide training assistance to selected individuals who
    volunteer to serve in the Peace Corps or a program authorized
    under title I of the Domestic Volunteer Service Act of 1973 (42
    U.S.C. 4951 et seq.). The training shall be provided as part of
    the course of study of the individual at an institution of
    higher education, shall involve service-learning, and shall
    cover appropriate skills that the individual will use in the
    Peace Corps or VISTA.
        (i)-(r) * * *
              * * * * * * *

    SEC. 198D.\11\ SPECIAL DEMONSTRATION PROJECT.

        (a) Special Demonstration Project for the Yukon-Kuskokwim
    Delta of Alaska.--The President may award grants to, and enter
    into contracts with, organizations to carry out programs that
    address significant human needs in the Yukon-Kuskokwim delta
    region of Alaska.
    ---------------------------------------------------------------------------
        \11\ 42 U.S.C. 12653d.
    ---------------------------------------------------------------------------
        (b) Application.--
              (1) General requirements.--To be eligible to receive
            a grant or enter into a contract under subsection (a)
            with respect to a program, an organization shall submit
            an application to the President at such time, in such
            manner, and containing such information as the
            President may require.
              (2) Contents.--The application submitted by the
            organization shall, at a minimum--
                      (A) include information describing the manner
                    in which the program will utilize VISTA
                    volunteers, individuals who have served in the
                    Peace Corps, and other qualified persons, in
                    partnership with the local nonprofit
                    organizations known as the Yukon-Kuskokwim
                    Health Corporation and the Alaska Village
                    Council Presidents;
                      (B) take into consideration--
                              (i) the primarily noncash economy of
                            the region; and
                              (ii) the needs and desires of
                            residents of the local communities in
                            the region; and
                      (C) include specific strategies, developed in
                    cooperation with the Yupi'k speaking population
                    that resides in such communities, for
                    comprehensive and intensive community
                    development for communities in the Yukon-
                    Kuskokwim delta region.
              * * * * * * *
           8. The Peace Corps--Establishment as Agency Within ACTION

      Executive Order 12137, May 16, 1979, 44 F.R. 29023, 22 U.S.C. 2501
      note; as amended by Executive Order 12245, October 6, 1980, 45 F.R.
      66769; and by Executive Order 12399, December 31, 1982, 48 F.R. 379

        By virtue of the authority vested in me by the Peace Corps
    Act, as amended (22 U.S.C. 2501-2523) and Section 301 of Title
    3 of the United States Code, and as President of the United
    States of America, it is hereby ordered as follows:

    1-1. Peace Corps.

        1-101. The Peace Corps, which was established as an agency
    in the Department of State pursuant to Executive Order No.
    10924 of March 1, 1961 (26 FR 1789), which was continued in
    existence in that Department under the Peace Corps Act (the
    ``Act'') pursuant to Section 102 of Executive Order No. 11041
    of August 6, 1962 (27 FR 7859), and which was transferred to
    and continued as a component of ACTION by Executive Order No.
    11603 of June 30, 1971 (36 FR 12675), shall be an agency within
    ACTION pursuant to the provisions of this Order.
        1-102. All references to the ``Director'' in Part 1-1 of
    this Order shall refer to the Director of the Peace Corps for
    whom provision is made in Section 4(a) of the Act (22 U.S.C.
    2503).
        1-103. Exclusive of the functions otherwise delegated by or
    reserved to the President by this Order, and subject to the
    provisions of this Order, there are hereby delegated to the
    Director all functions conferred upon the President by the Act
    and by Section 2(b) of Reorganization Plan No. 1 of 1971.
        1-104. The function of determining the portion of living
    allowances constituting basic compensation, conferred upon the
    President by Section 201(a) of Public Law 87-293 (26 U.S.C.
    912(3)), is hereby delegated to the Director and shall be
    performed in consultation with the Secretary of the Treasury.
        1-105. The functions of prescribing regulations and making
    determinations (relating to appointment of Peace Corps
    employees in the Foreign Service System), conferred upon the
    President by Section 5 of Public Law 89-135 (79 Stat. 551), are
    hereby delegated to the Director.
        1-106. The functions of prescribing conditions, conferred
    upon the President by the second sentence of Section 5(e), as
    amended (22 U.S.C. 2504(e)), and the third proviso of Section 6
    of the Act (22 U.S.C. 2505) (relating to providing health care
    in Government facilities) and hereinabove delegated to the
    Director, shall be exercised in consultation with the head of
    the United States Government agency responsible for the
    facility.
        1-107. The reports required by Section 11 of the Act, as
    amended (22 U.S.C. 2510), shall be prepared by the Director and
    submitted to the Congress through the President.
        1-108. Subject to applicable provisions of law, all funds
    appropriated or otherwise made available to the President for
    carrying out the provisions of the Act shall be deemed to be
    allocated without any further action of the President to the
    Director or to such subordinate officer as the Director may
    designate. The Director or such officer may allocate or
    transfer, as appropriate, any of such funds to any United
    States Government agency or part thereof for obligation or
    expenditures thereby consistent with applicable law.
        1-109. Nothing in this Order shall be deemed to impair or
    limit the powers or functions vested in the Secretary of State
    by the Act.
        1-110. The negotiation, conclusion, and termination of
    international agreements pursuant to the Act shall be under the
    direction of the Secretary of State.
        1-111. Any substantial change in policies in effect on the
    date of this Order for the utilization of the Foreign Service
    Act of 1946, as amended, pursuant to Section 7 of the Act (22
    U.S.C. 2506), shall be coordinated with the Secretary of State.
        1-112. The Director shall consult and coordinate with the
    Director of ACTION to assure that the functions delegated to
    the Director by this Order are carried out consistently with
    the functions conferred upon the Director of ACTION by the
    Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et
    seq.), (``Volunteer Service Act''), Reorganization Plan No. 1
    of 1971 and this Order.

    1-2. The Peace Corps Advisory Council.\1\ * * * [Revoked--1982]
    ---------------------------------------------------------------------------

        \1\ Sec. 4(k) of Executive Order 12399 revoked sec. 1-2, which had
    established the Peace Corps Advisory Council.
    ---------------------------------------------------------------------------

    1-3. Reservation of Functions to the President.

        1-301. There are hereby excluded from the delegations made
    by Section 1-1 of this Order the following powers and functions
    of the President:
              (a) All authority conferred by Sections 4(b),
            4(c)(2), 4(c)(3), 10(d), and 18 of the Act (22 U.S.C.
            2503(b), (C)(2), (C)(3), 2509(d), and 2517).
              (b) The authority conferred by Section 4(a) of the
            Act (22 U.S.C. 2503(a)) to appoint the Director and the
            Deputy Director of the Peace Corps.
              (c) The authority conferred on the President by
            Section 5(f)(1)(B) of the Act (22 U.S.C.
            2504(f)(1)(B)).
              (d) The authority conferred by Section 10(f) of the
            Act (22 U.S.C. 2509(f)) to direct any agency of the
            United States Government to provide services,
            facilities, and commodities to officers carrying out
            functions under the Act.
              (e) The authority conferred by Section 19 of the Act
            (22 U.S.C. 2518) to adopt and alter an official seal or
            emblem of the Peace Corps.

    1-4. Incidental Provisions.

        1-401. Persons appointed, employed, or assigned under
    Section 7(a) of the Act (22 U.S.C. 2506(a)) shall not, unless
    otherwise agreed by the agency in which such benefits may be
    exercised, be entitled to the benefits provided by Section 528
    of the Foreign Service Act of 1946 (22 U.S.C. 928) in cases in
    which their service under the appointment, employment, or
    assignment exceeds thirty months.
        1-402. Pursuant to Section 10(d) of the Act (22 U.S.C.
    2509(d)), it is hereby determined to be in furtherance of the
    purposes of the Act that functions authorized thereby may be
    performed without regard to the applicable laws specified in
    Sections 1 and 2 of Executive Order No. 11223 of May 12, 1965,
    and with or without consideration as specified in Section 3 of
    that Order, but subject to the limitations set forth in that
    Order.
        1-403. As used in this Order, the words ``Volunteers,''
    ``functions,'' ``United States,'' and ``United States
    Government agency'' shall have the same meanings, respectively,
    as they have under the Act.

    1-5. National Voluntary Action Program.

        1-501. The National Voluntary Action Program to encourage
    and stimulate more widespread and effective voluntary action
    for solving public domestic problems, established in the
    Executive Branch of the Government by Section 1 of Executive
    Order No. 11470 of May 26, 1969, is continued in ACTION. That
    program shall supplement corresponding action by private and
    other non-Federal organizations as the National Center for
    Voluntary Action. As used in this Order, the term ``voluntary
    action'' means the contribution or application of
    nongovernmental resources of all kinds (time, money, goods,
    services, and skills) by private and other organizations of all
    types (profit and nonprofit, national and local, occupational,
    and altruistic) and by individual citizens.

    1-6. Direction of ACTION.

        1-601. In addition to the functions vested in the Director
    of ACTION by the Domestic Volunteer Service Act of 1973 (42
    U.S.C., Section 4951 et seq.), Reorganization Plan No. 1 of
    1971, and Section 1-401 of this Order, the Director of ACTION
    shall:
              (a) Encourage local, national and international
            voluntary activities directed toward the solution or
            mitigation of community problems.
              (b) Provide for the development and operation of a
            clearinghouse for information on Government programs
            designed to foster voluntary action.
              (c) Initiate proposals for the greater and more
            effective application of voluntary action in connection
            with Federal programs, and coordinate, as consistent
            with law, Federal activities involving such action.
              (d) Make grants of seed money, as authorized by law,
            for stimulating the development or deployment of
            innovative voluntary action programs directed toward
            community problems.
        1-602. The head of each Federal department and agency, or a
    designated representative, when so requested by the Director of
    ACTION or the Director of the Peace Corps, shall, to the extent
    permitted by law and funds available, furnish information and
    assistance, and participate in all ways appropriate to carry
    out the objectives of this Order, the Domestic Volunteer
    Service Act of 1973 and Reorganization Plan No. 1 of 1971.
        1-603. The head of each Federal department agency shall,
    when so requested by the Director of ACTION, designate a senior
    official to have primary and continuing responsibility for the
    participation and cooperation of that department or agency in
    matters concerning voluntary action.
        1-604. The head of each Federal department or agency, or a
    designated representative, shall keep the Director of ACTION
    informed of proposed budgets, plans, and programs of that
    department or agency affecting voluntary action programs.
        1-605. Under the direction of the President and subject to
    the responsibilities of the Secretary of State, the Director of
    ACTION shall be responsible for the general direction of those
    ACTION functions, which jointly serve ACTION domestic volunteer
    components and the Peace Corps, and for advising the Director
    of the Peace Corps to ensure that the functions delegated under
    this Order to the Director of the Peace Corps are carried out.

    1-7. General Provisions.

        1-701. Except to the extent that they may be inconsistent
    with this Order, all determinations, authorizations,
    regulations, rulings, certifications, orders, directives,
    contracts, agreements and other actions made, issued or entered
    into with respect to any function affected by this Order and
    not revoked, superseded, or otherwise made inapplicable before
    the effective date of this Order shall continue in full force
    and effect until amended, modified, or terminated by
    appropriate authority.
        1-702. Except as otherwise expressly provided herein,
    nothing in this Order shall be construed as subjecting any
    department, establishment, or other instrumentality of the
    Executive Branch of the Federal Government or the head thereof,
    or any function vested by law in or assigned pursuant to law to
    any such agency or head, to the authority of any other agency
    or head or as abrogating, modifying, or restricting any such
    function in any manner.
        1-703. So much of the personnel, property, records, and
    unexpended balances or appropriations, allocations, and other
    funds employed, used, held, available, or to be made available
    in connection with the functions assigned to the Director of
    the Peace Corps or to the Director of ACTION by this Order as
    the Director of the Office of Management and Budget shall
    determine, shall be transferred to the Director of the Peace
    Corps or the Director of ACTION at such time or times as the
    Director of the Office of Management and Budget shall direct.
        1-704. To the extent permitted by law, such further
    measures and dispositions as the Director of the Office of
    Management and Budget shall deem to be necessary in order to
    effectuate the provisions of this Order shall be carried out by
    such agencies as the Director of the Office of Management and
    Budget shall specify.
        1-705. The authority conferred by Sections 1-703 and 1-704
    of this Order shall supplement, not limit, the provisions of
    Section 1-108 of this Order.
        1-706. Executive Order Nos. 11041, 11250, 11470 and 11603
    are hereby superseded.
        1-707. This Order shall become effective May 16, 1979.
     9. Providing for the Appointment of Former Peace Corps Volunteers to
                          the Civilian Career Service

      Executive Order 11103, April 10, 1963, 28 F.R. 3571, 22 U.S.C. 2504
    note; amended by Executive Order 12107, December 28, 1978, 44 F.R. 1055

        By virtue of the authority vested in me by the Civil
    Service Act (22 Stat. 403), and section 1753 of the Revised
    Statutes, and as President of the United States, it is hereby
    ordered as follows:
        Sec. 1. Under such regulations as the Office of Personnel
    Management \1\ may prescribe, the head of any agency in the
    Executive Branch may appoint in the competitive service any
    person who is certified by the Director of the Peace Corps as
    having served satisfactorily as a Volunteer or Volunteer Leader
    under the Peace Corps Act and who passes such examination as
    the Office of Personnel Management \1\ may prescribe. Any
    person so appointed shall, upon completion of the prescribed
    probationary period, acquire a competitive status.
    ---------------------------------------------------------------------------
        \1\ Executive Order 12107 (44 F.R. 1055) struck out ``Civil Service
    Commission'' and inserted in lieu thereof ``Office of Personnel
    Management''.
    ---------------------------------------------------------------------------
        Sec. 2. The head of any agency in the Executive Branch
    having an established merit system in the excepted service may
    appoint in such service any person who is certified by the
    Director of the Peace Corps as having served satisfactorily as
    a Volunteer or Volunteer Leader under the Peace Corps Act and
    who passes such examination as such agency head may prescribe.
        Sec. 3. Certificates of satisfactory service for the
    purpose of this Order shall be issued only to persons who have
    completed a full term of service (approximately two years)
    under the Peace Corps Act: Provided, That such certificates may
    be issued to persons who have completed a lesser period of
    satisfactory service if, in the judgment of the Director of the
    Peace Corps, (1) their service was of sufficient duration to
    demonstrate their capability to complete satisfactorily a full
    term, and (2) their failure to complete a full term was due to
    circumstances beyond their control.
        Sec. 4. Any appointment under this Order shall be effected
    within a period of one year after completion of the appointee's
    service under the Peace Corps Act: Provided, That such period
    may be extended to not more than three years in the case of
    persons who, following such service, are engaged in military
    service, in the pursuit of studies at a recognized institution
    of higher learning, or in other activities which, in the view
    of the appointing authority, warrant an extension of such
    period.
        Sec. 5. Any law, Executive Order, or regulation which would
    disqualify an applicant for appointment in the competitive
    service or in the excepted service concerned shall also
    disqualify an applicant for appointment under this Order.
                                   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     Department of Defense Appropriations Act, 2006 (division A)
    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 Appropriations Act, 2006 (division A).  109-148
    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

    ABM Treaty
      Absence of
        Effect on strategic offensive    PL 100-180 Sec 233....      1258
         and defensive programs.
      Interpretation of
        Effect on Strategic Defense      PL 99-661 Sec 217.....      1278
         Initiative program.
    ACTION
      (see also Foreign Service)
      (see also Peace Corps)
      Interdepartmental cooperation....  EO 12137 Sec 1-602....      1622
      Transfer of functions to Peace     PL 97-113 Sec 601(b)..      1595
       Corps.
    Admiral James W. Nance and Meg       PL 106-113............       463
     Donovan Foreign Relations
     Authorization Act, Fiscal Years
     2000 and 2001.
    Advisory Committee for Studies of    PL 98-164 Sec 804.....       155
     Eastern Europe and the Independent
     States of the Former Soviet Union.
      Report to Congress...............  PL 98-164 Sec 807.....       156
    Afghan Women and Children Relief     PL 107-81.............       322
     Act of 2001.
    Afghanistan Freedom Support Act of
     2002
      Drawdown support
        Supplemental appropriations,     PL 108-11 Sec 1307....        10
         2003.
    Afghanistan-U.S. relations
      Afghan National Army
        Training and equipment funding.  PL 109-148 Sec 9006...       734
       Civilian casualties
         Report to Congress............  PL 109-163 Sec 1223...       707
                                         PL 109-13 Title I.....       739
      Coalition forces
        Funding availability...........  PL 109-148 Sec 9009...       735
      Counterdrug efforts
        Report to Congress.............  PL 108-375 Sec 1022...       753
        Sense of Congress..............  PL 108-375 Sec 1022...       753
        Supplemental appropriations,     PL 109-13 Sec 1003....       742
         2005.
       Defense articles and services
         Transfer to Afghan security     PL 109-163 Sec 1209...       703
         forces.
      Drug control
        Congressional review...........  PL 101-623 Sec 12.....       384
      Economic Support Fund
        Supplemental appropriations,     PL 108-11 Ch 5........        13
         2003.
      Findings of Congress.............  PL 107-81 Sec 2.......       322
      Foreign aid
        Assistance authorization.......  PL 107-81 Sec 3.......       323
      Humanitarian assistance..........  PL 99-661 Sec 331.....      1279
        Sense of Congress..............  PL 98-525 Sec 1542....      1323
      Military and security forces
        Assistance authorization.......  PL 108-375 Sec 1202...       762
                                         PL 109-163 Sec 1202...       698
      Operation Enduring Freedom
        Report to Congress.............  PL 107-314 Sec 1043...       809
    Afghanistan-U.S. relations--
     Continued
      Refugees
        Humanitarian assistance........  PL 101-510 Sec 303....      1161
                                         PL 101-189 Sec 304....      1196
                                         PL 99-145 Sec 305.....      1289
    Africa Food Security Initiative
      Foreign aid......................  PL 105-385 Sec 101....       185
    Africa-U.S. relations
      Agricultural practices
        Study on improving.............  PL 106-200 Sec 130....       181
      Conflict resolution capabilities
        Improving......................  PL 103-381 Sec 4-5....       193
        Report to Congress.............  PL 103-381 Sec 9......       194
      Conflicts
        Sense of Congress..............  PL 103-381 Sec 2......       191
      Desertification
        U.S. role in combating.........  PL 106-200 Sec 131....       182
      Foreign aid
        Appropriations authorization,    PL 99-8...............       213
         FY 1985.
      Military establishments
        HIV/AIDS prevention training     PL 106-264 Sec 114....       512
         and education.
      Refugee assistance...............  PL 99-8 Sec 3.........       213
    Africa, Horn of-U.S. relations
      Debt relief......................  PL 102-274 Sec 6(d)...       208
      Findings of Congress.............  PL 102-274 Sec 2......       202
      Food aid
        Private voluntary and            PL 102-274 Sec 6(a)(2)       207
         international organizations.
                                         PL 102-274 Sec 6(e)...       208
        Targeting......................  PL 102-274 Sec 6......       207
      International relief.............  PL 102-274 Sec 4(b)...       205
      Peace and development
        Promotion of...................  PL 102-274 Sec 5......       206
        U.N. efforts...................  PL 102-274 Sec 5......       206
      Relief and recovery program
        Report to Congress.............  PL 102-274 Sec 9......       210
      Relief and rehabilitation program  PL 102-274 Sec 4......       204
    Africa, sub-Saharan-U.S. relations
      Africa Food Security Initiative..  PL 105-385 Sec 101....       185
      Agricultural research and          PL 105-385 Sec 105....       187
       extensions activities.
      Bill Emerson Humanitarian Trust    PL 105-385 Sec 211....       188
       Act of 1998.
      Conflict resolution
        Education and training program.  PL 103-381 Sec 7......       193
        U.S. plan supporting...........  PL 103-381 Sec 8......       194
      Demobilization and training
       program
        Foreign aid....................  PL 103-381 Sec 6......       193
      Development
        Findings of Congress...........  PL 105-385 Sec 2......       183
        U.S. policy....................  PL 105-385 Sec 2......       183
      Foreign aid
        Report to Congress.............  PL 105-385 Sec 301....       188
      HIV/AIDS
        Drugs and medical technology     EO 13155..............       519
         access.
        Findings of Congress...........  PL 106-200 Sec 129....       181
        U.S. policy goals..............  EO 13155..............       519
        U.S. private sector assistance.  PL 106-200 Sec 128....       180
      Microenterprise assistance.......  PL 105-385 Sec 102....       185
      Nonemergency food assistance       PL 105-385 Sec 201....       188
       programs.
      Orphans
        Support and education of.......  PL 106-264 Sec 113....       511
      Overseas Private Investment
       Corporation
        Development....................  PL 105-385 Sec 104....       187
    Africa, sub-Saharan-U.S. relations--
     Continued
      Supporting producer-owned          PL 105-385 Sec 103....       186
       cooperatives.
    Africa, sub-Saharan-U.S. trade
     relations
      Air traffic control equipment      PL 106-200 Sec 126....       178
       donations.
      Countries defined................  PL 106-200 Sec 107....       173
      Economic cooperation forum.......  PL 106-200 Sec 105....       171
      Economic development.............  PL 106-200 Sec 102....       169
      Export-Import Bank
        Expanding commitments..........  PL 106-200 Sec 124....       177
      Foreign aid
        Additional authorities.........  PL 106-200 Sec 127....       179
      HIV/AIDS
        Effect on workforce............  PL 106-200 Sec 105(e).       172
      Investment policies
        Report to Congress.............  PL 106-200 Sec 106....       173
      Overseas Private Investment
       Corporation
        Initiatives....................  PL 106-200 Sec 123....       176
      Policies supported by Congress...  PL 106-200 Sec 103....       170
      Presidential designation
        Eligibility requirements.......  PL 106-200 Sec 104....       170
      Trade and development
        Executive branch initiatives...  PL 106-200 Sec 122....       175
        U.S. policy....................  PL 106-200 Sec 122....       175
      U.S. trade and investment
       policies
        Report to Congress.............  PL 106-200 Sec 106....       173
      United States and Foreign
       Commercial Service
        Activities.....................  PL 106-200 Sec 125....       177
    Africa: Seeds of Hope Act..........  PL 105-385............       183
    African Conflict Resolution Act....  PL 103-381............       191
    African Development Foundation
      Sub-Saharan Africa
        Support for economic             PL 106-200 Sec               180
         development.                     127(b)(4).
    African Famine Relief and Recovery   PL 99-8...............       213
     Act of 1985.
    African Growth and Opportunity Act.  PL 106-200 Sec 101....       169
      Lesser developed beneficiary
       countries
        Defined........................  PL 106-200 Sec 107....       173
    Agency for International
     Development
      Foreign aid
        Functions delegated to.........  45 FR 11655 Sec 2.....       571
      Foreign aid program
        Administration of..............  EO 12163 Sec 1-2......       556
      Functions to Overseas Private      EO 11579 Sec 4........       582
       Investment Corporation.
      Global Environmental Center......  PL 106-309 Sec 402....       505
      Microenterprise assistance
       activities
        Support for....................  PL 106-309 Sec 109....       500
      Operating expenses
        Supplemental appropriations,     PL 108-11 Ch 5........        12
         2003.
    Agricultural Act of 1949...........  PL 81-439.............      1439
    Agricultural commodities
      (see also Agricultural commodity
       sales)
      Barter of........................  PL 100-418 Sec 4309...      1491
                                         PL 95-501 Sec 204.....      1512
      Commodity Credit Corporation
        Credit guarantees..............  PL 95-501 Sec 202.....      1506
        Export sales financing.........  PL 95-501 Sec 201.....      1504
        Market promotion program.......  PL 95-501 Sec 203.....      1509
      Cuban sugar
        Quota allocation restrictions..  PL 99-198 Sec               1454
                                          902(c)(1).
      Developing countries
        Free enterprise................  PL 99-198 Sec 1110(b).      1455
      Eggs and egg products
        International trade............  PL 100-418 Sec 4606...      1497
    Agricultural commodities--Continued
      Export programs
        Limitations on.................  PL 95-501 Sec 416.....      1524
      Exports
        Commodity Credit Corporation     PL 95-501 Sec 603.....      1529
         assistance.
        Consultations with Congress....  PL 107-171 Sec 3206...      1406
        Cooperator market development    PL 99-198 Sec 1126....      1467
         program.
        Embargo protection.............  PL 95-501 Sec 411.....      1521
        Findings.......................  PL 100-418 Sec 4101...      1486
        Market development activities    PL 100-418 Sec 4215...      1490
         authorization.
        Opportunities for growth.......  PL 107-171 Sec 3206...      1406
        Policy.........................  PL 100-418 Sec 4102...      1488
        Program controls...............  PL 95-501 Sec 401-404.      1519
        Promotion of...................  PL 95-501 Sec 103.....      1502
        U.S. maritime industry.........  PL 99-198 Sec 1141....      1469
      Foreign countries
        Procurement for school children  PL 107-171 Sec 3107...      1402
      High-value.......................  PL 95-501 Sec 303.....      1518
      Imports
        Consultations with U.S. Trade    PL 95-501 Sec 413.....      1523
         Representative.
        Prohibitions on................  PL 101-624 Sec 1308...      1425
        Studies on.....................  PL 100-418 Sec 4501-        1492
                                          4509.
      International negotiations.......  PL 99-198 Sec 1123....      1466
      Poland
        U.S. donations.................  PL 100-418 Sec 2223...       150
      Recipient countries
        Economic development efforts...  PL 83-480 Sec 404.....      1376
      Sale of
        Establishment of programs......  EO 12752 Sec 1........      1480
      Trade
        Unfair practices relief........  PL 95-501 Sec 302.....      1518
      Trade agreements with certain      PL 100-418 Sec 4203...      1488
       countries.
      Trade negotiations policy........  PL 99-198 Sec 1123....      1466
      Transported in U.S. ships........  49 Stat 1985 Sec 901b.       545
      Value-added......................  PL 95-501 Sec 303.....      1518
    Agricultural commodity sales
      (see also Food aid)
      Administrative provisions........  PL 83-480 Sec 407.....      1379
      Agreements.......................  PL 83-480 Sec 404.....      1376
      Appropriations authorization.....  PL 83-480 Sec 412.....      1384
      Commodities available............  PL 83-480 Sec 401.....      1372
      Commodity Credit Corporation.....  PL 83-480 Sec 406.....      1378
      Consultation with other exporting  PL 97-98 Sec 1206.....      1552
       nations.
      Cotton sales.....................  PL 85-931 Sec 8.......      1478
      Currency uses
        By private voluntary             PL 83-480 Sec 203.....      1362
         organizations.
        Conditions on..................  PL 83-480 Sec 203.....      1362
      Debt forgiveness.................  PL 83-480 Sec 411.....      1383
        Presidential determination.....  PL 83-480 Sec 411(b)..      1384
      Deferral of payments.............  PL 83-480 Sec 103(d)..      1356
      Defined..........................  PL 83-480 Sec 402.....      1372
      Developing countries
        Terms and conditions...........  PL 83-480 Sec 103.....      1355
      Drug control objectives..........  PL 83-480 Sec 414.....      1385
      Eligible organizations
        Support for....................  PL 83-480 Sec 202(e)..      1360
      Export assistance................  PL 98-258 Sec 501.....      1474
      Exports
        Dairy products.................  PL 99-198 Sec 1163....      1470
      Exports prohibited to Soviet
       Union
        Commodity Credit Corporation     PL 96-494 Sec 206.....      1531
         purchases.
        Price supports.................  PL 96-494 Sec 206.....      1531
    Agricultural commodity sales--
     Continued
      Farmer-to-farmer program.........  PL 99-198 Sec 1107....      1454
      Food Aid Consultative Group......  PL 83-480 Sec 205.....      1364
      Food for Development Program.....  PL 83-480 Sec 301.....      1368
        Country eligibility............  PL 83-480 Sec 301.....      1368
      Foreign aid programs
        Coordination with..............  PL 83-480 Sec 413.....      1385
      Foreign currency uses
        Agricultural development.......  PL 83-480 Sec               1357
                                          104(c)(2).
        Agricultural facilities loans..  PL 83-480 Sec               1357
                                          104(c)(4).
        Business development loans.....  PL 83-480 Sec               1357
                                          104(c)(3).
        Debt payments..................  PL 83-480 Sec 104.....      1357
        Fiscal requirements............  PL 83-480 Sec 104(d)..      1358
        Private sector trade             PL 83-480 Sec               1357
         development.                     104(c)(6).
        Report to Congress.............  PL 81-439 Sec               1447
                                          416(b)(9)(B).
        Research.......................  PL 83-480 Sec               1358
                                          104(c)(7).
        Trade development..............  PL 83-480 Sec               1357
                                          104(c)(1).
        Trade promotions...............  PL 83-480 Sec               1357
                                          104(c)(5).
      Foreign self-help measures.......  PL 83-480 Sec 404.....      1376
      Foreign self-sufficiency.........  PL 99-198 Sec 1107....      1454
      General provisions...............  PL 83-480 Sec 403.....      1374
      Human rights violations..........  PL 83-480 Sec 403(j)..      1376
      International agreements
        Consultation with Congress.....  PL 97-98 Sec 1202.....      1551
      Least developed countries
        Local currency accounts........  PL 83-480 Sec 305.....      1370
        Local currency uses............  PL 83-480 Sec 306.....      1370
      Levels of assistance.............  PL 83-480 Sec 204.....      1363
        Using value-added commodities..  PL 83-480 Sec 204(b)..      1364
      Micronutrient fortification        PL 83-480 Sec 415.....      1386
       programs.
      Multi-year agreements
        Conditioned....................  PL 83-480 Sec 404.....      1376
      Operation of review..............  PL 95-113 Sec 1210....      1476
      Policy direction.................  PL 83-480 Sec 2.......      1352
      Private enterprise...............  PL 83-480 Sec 201.....      1358
        Administration.................  PL 83-480 Sec 207.....      1365
        Currency uses..................  PL 83-480 Sec 203.....      1362
      Prohibitions.....................  PL 83-480 Sec 403(a)..      1374
      Publicity of U.S. role...........  PL 83-480 Sec 403(f)..      1375
      Purpose of.......................  PL 83-480 Sec 2.......      1352
      Recipient countries
        Disruptive impact on...........  PL 83-480 Sec 403.....      1374
      Regulatory barriers
        Removal of.....................  PL 101-624 Sec 1543A..      1426
      Report to Congress...............  PL 83-480 Sec 407(f)..      1382
      Suspension of....................  PL 96-494 Sec 208.....      1532
      Trade suspension reserve.........  PL 96-494 Sec 208.....      1532
      United Nations World Food Program  PL 83-480 Sec 202(a)..      1359
      Use in obtaining natural           PL 96-494 Sec 210.....      1536
       resources.
    Agricultural Competitiveness and     PL 100-418 Sec 4001...      1486
     Trade Act of 1988.
    Agricultural Development and Trade   PL 101-624 Sec 1501...      1428
     Act of 1990.
    Agricultural Programs Adjustment     PL 98-258.............      1474
     Act of 1984.
    Agricultural trade
      Agreements
        Consultation with Congress.....  PL 107-171 Sec 3210(c)      1409
      Emerging markets
        U.S. agricultural expertise....  PL 101-624 Sec 1542...      1429
      Priorities
        Sense of the Senate............  PL 107-171 Sec 3210(b)      1409
      Report to Congress...............  PL 101-624 Sec              1434
                                          1542(e)(2).
      Sense of the Senate..............  PL 107-171 Sec 3210...      1408
      U.S. negotiating objectives......  PL 99-198 Sec 1123....      1466
    Agricultural Trade Act of 1978.....  PL 95-501.............      1500
    Agricultural Trade and Export        PL 97-98 Sec 1217.....      1552
     Policy Commission Act.
    Agricultural Trade and Food Aid,     PL 99-198 Sec 1113....      1464
     Special Assistant for.
    Agricultural Trade Development and   PL 83-480.............      1351
     Assistance Act of 1954.
      Implementation of................  EO 12752..............      1480
    Agricultural Trade Suspension        PL 96-494 Sec 201.....      1531
     Adjustment Act of 1980.
    Agriculture
      Agricultural Trade Act of 1978
        Definitions....................  PL 95-501 Sec 102.....      1500
        Purpose........................  PL 95-501 Sec 101.....      1500
      Agricultural Trade and Export      PL 97-98 Sec 1219.....      1553
       Policy, National Commission on.
      Center for North American Studies  PL 102-532 Sec 4......       267
      Developmental assistance to        PL 101-624 Sec 1543...      1435
       foreign countries.
      Exports
        Foreign exchange risks.........  PL 99-198 Sec 1134....      1468
      Imports
        Pesticide information..........  PL 100-418 Sec 4701...      1561
      International programs
        Appropriations authorization...  PL 95-113 Sec 1459A...      1549
        Grants for.....................  PL 95-113 Sec 1459A...      1549
      Operations and systems
        Improving in foreign countries.  PL 83-480 Sec 501.....      1387
      Trade consultations with other     PL 99-198 Sec 1123....      1466
       countries.
      United States-Mexico Foundation    PL 95-113 Sec 1459....      1548
       for Science.
    Agriculture and Food Act of 1981...  PL 97-98..............      1551
    Agriculture Export Relief Act of     PL 105-194............       351
     1998.
    Agriculture, Department of
      Administrator of the Foreign       PL 95-501 Sec 502.....      1526
       Agricultural Service.
      Dairy products purchases
        Using Commodity Credit           PL 83-480 Note........      1401
         Corporation funds.
      Foreign countries
        Cooperative arrangements.......  PL 95-113 Sec 1458....      1545
                                         PL 95-113 Sec               1546
                                          1458(a)(2).
        International research,          PL 95-113 Sec 1458....      1545
         extension, and training.
      International activities.........  PL 101-624 Sec 1613...      1426
      International Arid Land            PL 95-113 Sec               1547
       Consortium.                        1458(a)(8).
      International research,            PL 95-113 Sec 1458....      1545
       extension, and training.
      Under Secretary for International  PL 95-501 Sec 501.....      1526
       Affairs and Commodity Programs.
    Agriculture, Rural Development,      PL 109-97.............      1449
     Food and Drug Administration, and
     Related Agencies Appropriations
     Act, 2006.
    Agriculture, Secretary of
      (see also Agricultural commodity
       sales)
      Agricultural commodity sales.....  PL 83-480 Sec 103.....      1355
      Importing agricultural
       commodities
        Trade consultations............  PL 95-501 Sec 414.....      1523
      Trade strategy development.......  PL 95-501 Sec 103.....      1502
    Agriculture, Uruguay Round
     Agreement on
      Implementation of commitments
        Report to Congress.............  PL 95-501 Sec 106.....      1504
    AIDS
      Effect on sub-Saharan African      PL 106-200 Sec 105(e).       172
       workforce.
      Food aid appropriations, 2006....  PL 109-97 Sec 725.....      1451
      Global Alliance for Vaccines and
       Immunizations
        Report to Congress.............  PL 106-264 Sec 112....       511
    Airports, foreign
      Sub-Saharan Africa
        Air traffic control equipment    PL 106-200 Sec 126....       178
         donations.
    American Aid to Poland Act of 1988.  PL 100-418 Sec 2221...       150
    American University in Bulgaria
      Findings and sense of Congress...  PL 106-570 Sec 503....       492
    Andrei Sakharov Archives and Human
     Rights Center
      Grant
        Appropriations authorization...  PL 107-246 Sec 7......        66
    Anglo-Irish Agreement
      International Fund
        U.S. contributions to..........  PL 99-415 Sec 3.......       356
      U.S. contributions in support of
        Conditions and understandings..  PL 99-415 Sec 5.......       357
        Report to Congress.............  PL 99-415 Sec 6.......       358
    Anglo-Irish Agreement Support Act    PL 99-415.............       355
     of 1986.
    Angola-U.S. relations
      Oil products
        Purchase prohibition...........  PL 99-661 Sec 316.....      1279
      Petroleum products purchases
        Presidential certification.....  PL 102-484 Sec 842....      1085
    Anti-Drug Abuse Act of 1986........  PL 99-570.............       402
    Anti-Drug Abuse Act of 1988........  PL 100-690............       399
    Anti-satellite weapons
      Miniature homing vehicle (MHV)
        Presidential determination.....  PL 98-94 Sec 1235.....      1332
      Testing
        Moratorium on..................  PL 100-180 Sec 208....      1250
        Policy on......................  PL 98-94 Sec 1235.....      1332
    Apartheid
      Comprehensive Anti-Apartheid Act
       of 1986
        Measures repealed..............  PL 103-149 Sec 4......       197
    Appropriations
      Military
        Funds transfer limitations.....  10 USC 2214...........       635
      Working capital funds
        Transfer limitations...........  10 USC 2214...........       635
    Appropriations, fiscal year 2000
     and 2001
      Foreign aid programs.............  PL 106-113............       463
    Appropriations, fiscal year 2003
      Emergency Wartime Supplemental...  PL 108-11.............         6
      Foreign aid programs.............  PL 108-11.............        12
    Arab-Israeli conflict
      (see Middle East)
    Arab-U.S. relations
      Israel boycott
        Department of Defense contracts  10 USC 2410i..........       667
    Arctic Military Environmental
     Cooperation Program
      Cooperative activities...........  PL 105-261 Sec 327....       923
      Review by Comptroller General....  PL 108-136 Sec 324....       785
    Armed forces
      (see Military, U.S.)
    Arms control
      Agreements
        Verification of................  PL 101-510 Sec 3151...      1191
                                         PL 101-189 Sec 903....      1202
      Exports
        Technology control.............  PL 101-510 Sec 1701...      1183
      Independent states of the former   PL 102-511 Sec 501....        87
       Soviet Union.
        Foreign aid eligibility........  PL 102-511 Sec 502....        87
        Nonproliferation and             PL 102-511 Sec 504....        89
         disarmament fund.
    Arms control--Continued
      International activities
        Support for....................  PL 102-511 Sec 509....        93
      International strategy
        Report to Congress.............  PL 107-228 Sec 1309...       421
      Iran-Iraq
        U.S. policy....................  PL 102-484 Sec 1602...        27
      Key Verification Assets Fund
        Appropriations authorization,    PL 107-228 Sec 1102...       411
         2003.
      Land mines
        Export moratorium..............  PL 102-484 Sec 1365...      1102
        Export moratorium extension....  PL 103-160 Sec 1423...      1065
      Missile technology
        Multilateral export controls...  PL 101-510 Sec 1701...      1183
      Verification and compliance
        Appropriations authorization,    PL 107-228 Sec 1101...       410
         2003.
    Arms Export Control Act
      Cooperative projects.............  10 USC 2350b..........       653
    Arms export controls
      Administration of................  EO 11958..............       578
      Anti-personnel land mines........  PL 103-160 Sec 1423...      1065
                                         PL 102-484 Sec 1365...      1102
    Arms exports, U.S.
      Dual-use technologies
        Report to Congress.............  PL 103-160 Sec 1422...      1065
    Arms sales
      Belarus
        Report to Congress.............  PL 108-347 Sec 7......        60
      Global code of conduct
        Human rights respect...........  PL 106-113 Sec               474
                                          1262(b)(2).
        Terrorism......................  PL 106-113 Sec               474
                                          1262(b)(4).
      International controls on
        Global code of conduct.........  PL 106-113 Sec 1262(b)       473
        Report to Congress.............  PL 106-113 Sec 1262(c)       474
      Iraq or Iran
        Report to Congress.............  PL 102-484 Sec 1607...        29
        Sanctions against certain        PL 102-484 Sec 1604...        27
         persons.
        Sanctions against foreign        PL 102-484 Sec 1605...        28
         countries.
      Missiles and missile technology
        U.S. policy on.................  PL 101-510 Sec 1701...      1183
      OA-37 Dragonfly
        Sense of Congress..............  PL 98-525 Sec 113.....      1311
      Offset policy
        Technology transfer conditions.  PL 100-456 Sec 825....      1231
    Arms sales, U.S.
      Administration of................  EO 11958..............       578
      Credit sales
        Appropriations authorization,    PL 107-228 Sec 1201...       411
         2003.
      Decrement stock..................  10 USC 2390...........       667
      Defense articles
        Export loan guarantees.........  PL 103-160 Sec 1186...      1055
      Defense Trade Application System
        Automation of..................  PL 107-228 Sec 1403...       434
      Impact on U.S. industrial base...  PL 98-525 Sec 1522....      1320
      Prepositioned War Reserve Stocks   10 USC 2390...........       667
       for United States Forces.
      Prohibited defense articles......  10 USC 2390...........       667
        Presidential determination.....  10 USC 2390...........       667
        Report to Congress.............  10 USC 2390...........       667
      Taiwan
        Non-NATO ally designation......  PL 107-228 Sec 1206...       412
      Turkey...........................  PL 94-104 Sec 2.......       477
    Asia-Pacific area
      U.S. Armed Forces in
        Findings of Congress...........  PL 105-85 Sec 1225....       975
      Waiver of educational activities   PL 107-248 Sec 8073...       845
       costs.
    Asia-U.S. relations
      Regional security
        Findings of Congress...........  PL 102-190 Sec 1043...      1140
    Assistance for International         PL 106-570 Sec 1......       489
     Malaria Control Act.
    Australia-U.S. relations
      Arms sales
        Policy of Congress.............  PL 108-375 Sec 1225...       771
    AWACS
      NATO
        Authority of Secretary of        10 USC 2350e..........       658
         Defense.
    Azerbaijan-U.S. relations
      Foreign aid
        Restrictions on................  PL 102-511 Sec 907....       103

                                        B

    Balance of payments
      Reserved foreign currencies        31 USC 5303...........       542
       available.
    Baltic States-U.S. relations
      Nonlethal defense articles
        Eligibility for................  PL 102-511 Sec 906....       102
    Bangladesh Disaster Assistance Act   PL 100-576............       352
     of 1988.
    Bangladesh-U.S. relations
      Disaster assistance
        Report to Congress.............  PL 100-576 Sec 5......       354
    Banks, international
      (see individual institutions)
      (see International financial
       institutions)
      (see Multilateral development
       banks (MDBs))
    Belarus Democracy Act of 2004......  PL 108-347............        57
    Belarus-U.S. relations
      Arms sales
        Report to Congress.............  PL 108-347 Sec 7......        60
      Democracy promotion
        Findings of Congress...........  PL 108-347 Sec 2......        57
        Foreign aid....................  PL 108-347 Sec 2......        58
      Multilateral cooperation
        Sense of Congress..............  PL 108-347 Sec 6......        60
      Radio broadcasting to............  PL 108-347 Sec 4......        59
      Sanctions
        Sense of Congress..............  PL 108-347 Sec 5......        59
    Berlin
      (see Germany-U.S. relations)
    Bermuda-U.S. relations
      Armed Forces in
        Environmental effects..........  PL 105-85 Sec 346.....       950
    Bill Emerson Humanitarian Trust Act  PL 96-494 Title III...      1539
    Bill Emerson Humanitarian Trust Act  PL 105-385 Subtitle B.       188
     of 1998.
    Binary chemical munitions
      Prohibition on procurement.......  PL 98-525 Sec 111.....      1310
    Biological diversity
      International cooperation to       PL 100-530............       538
       protect.
    Biological weapons
      Countries developing
        Identifying....................  PL 104-106 Sec 1323(c)      1015
      Illegal importation prevention
        Presidential certification.....  PL 104-201 Sec 229....       987
      National emergency
        Secretary of Defense...........  10 USC 382............       616
      Technology transfer
        Report to Congress.............  PL 102-190 Sec 1097...      1153
    Biotechnology and agricultural
     trade program
      Established......................  PL 101-624 Sec 1543A..      1426
    Bob Stump National Defense           PL 107-314 Sec 1......       807
     Authorization Act for Fiscal Year
     2003.
    Bolivia-U.S. relations
      Drug control
        Additional eradication           PL 105-277 Sec 823....       367
         resources.
        Foreign aid....................  PL 105-277 Sec 823....       367
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
     Border security programs
       Reports to Congress.............  PL 109-163 Sec 3116...       724
    Bosnia-Herzegovina-U.S. relations
      Arms embargo
        International policy on........  PL 103-337 Sec 1404(e)      1048
        Sense of Congress..............  PL 103-337 Sec 1404...      1047
        U.S. policy on.................  PL 103-337 Sec 1404(d)      1047
      Conflict
        Sense of Congress..............  PL 103-337 Sec 1404...      1047
      Covered U.S. forces
        Report to Congress.............  PL 105-85 Sec 1204....       965
      Peacekeeping deployment
        Report to Congress.............  PL 103-337 Sec 1402...      1045
      Political and military situation
        Report to Congress.............  PL 105-85 Sec 1205....       966
      Sense of Congress................  PL 104-201 Sec 1083...       998
      U.S. Armed Forces in
        Definitions....................  PL 105-85 Sec 1206....       966
        Findings of Congress...........  PL 105-261 Sec 1201...       930
                                         PL 105-85 Sec 1201....       962
        Sense of Congress..............  PL 105-261 Sec 1201...       930
      U.S. ground combat forces
        Withdrawal of..................  PL 105-85 Sec 1203....       964
    Bosnia-U.S. relations
      Peacekeeping operations, FY 1999
        Appropriations authorization...  PL 105-261 Sec 1004...       926
        Funding limitation.............  PL 105-261 Sec 1004(c)       926
      Peacekeeping operations, FY 2000
        Funding limitation.............  PL 106-65 Sec 1006....       887
      Peacekeeping operations, FY 2001
        Funding limitation.............  PL 106-398 Sec 1005...       859
      Peacekeeping operations, FY 2002
        Funding limitation.............  PL 107-107 Sec 1005...       849
    Bottom-Up Review
      Korean peninsula
        Military planning..............  PL 103-337 Sec 1323...      1041
    Boycotts, foreign
      Against U.S. allies
        U.S. policy on.................  PL 102-190 Sec 1075...      1148
      Secondary Arab boycott of Israel.  10 USC 2410i..........       667
    Broadcasting
      Capital improvements
        Appropriations authorization,    PL 106-286 Sec 701....       344
         FY 2003.
    Broadcasting, international
      Operations
        Appropriations authorization,    PL 106-286 Sec 701....       344
         FY 2003.
      To Belarus.......................  PL 108-347 Sec 4......        59
    Brooke-Alexander Amendment
      Waiver of........................  PL 102-274 Sec 7(b)...       209
                                         PL 101-623 Sec 4(d)...       383
                                         PL 101-231 Sec 6......       393
    Bulgaria-U.S. relations
      American University in
        Findings and sense of Congress.  PL 106-570 Sec 503....       492
    Bumpers Amendment
      Waiver of........................  PL 101-231 Sec 14.....       398
    Burden sharing
      Allied countries
        Efforts to increase............  PL 105-85 Sec 1221....       971
    Burden sharing--Continued
      Allied countries--Continued
        Efforts to increase--Continued
                                         PL 104-201 Sec 1084...       998
        Report to Congress.............  PL 105-85 Sec 1221....       971
                                         PL 104-201 Sec 1084(c)       999
        Sense of Congress..............  PL 107-107 Sec 1214...       853
                                         PL 101-510 Sec 1455...      1178
      Designated countries and
       organizations
        Contributions from.............  10 USC 2350j..........       662
      Discussions with mutual defense    PL 100-456 Sec 1008...      1235
       alliances.
      Findings of Congress.............  PL 103-160 Sec 1401...      1058
      Host nations
        Revised agreements.............  PL 102-484 Sec 1301...      1089
      Japan
        U.S. defense expenditures in...  PL 100-180 Sec 1011...      1263
      Sense of Congress................  PL 103-160 Sec 1401(b)      1059
    Buy American Act
      Military procurement
        Policy on......................  PL 93-365 Sec 707.....      1339
      Waiver of
        Limitation on authority........  PL 102-190 Sec 833....      1137
                                         PL 101-189 Sec 823....      1198

                                        C

    Cambodia-U.S. relations
      Politics and government
        Findings and sense of Congress.  PL 105-85 Sec 1231....       982
    Canada-U.S. relations
      Agriculture
        Center for North American        PL 102-532 Sec 4......       267
         Studies.
      Former defense sites
        Environmental cleanup..........  PL 105-261 Sec 322....       922
    Cargo preference law requirements
      Sales of fresh fruit
        Exemptions from................  PL 83-480 Note........      1400
    Caribbean area-U.S. relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
      Enterprise for the Americas
       Facility
        Establishing...................  PL 83-480 Sec 602.....       270
      Free trade zone
        Effect on United States........  PL 102-532 Sec 5......       268
      Military training
        Inter-American Air Forces        10 USC 9415...........       690
         Academy.
    Caribbean Basin countries
      Farmer-to-farmer program
        Establishing...................  PL 83-480 Sec 501(b)..      1388
    Center for Disaster Management and
     Humanitarian Assistance
      Payment authorization............  PL 107-248 Sec 8093...       845
    Center for Excellence in Disaster    10 USC 182............       607
     Management and Humanitarian
     Assistance.
    Center for North American Studies
      Appropriations authorization.....  PL 102-532 Sec 4......       267
    Center for the Study of Chinese
     Military Affairs
      Establishment of.................  PL 106-65 Sec 914.....       884
    Central America-U.S. relations
      Civilian victims
        Humanitarian assistance........  PL 101-215 Sec 1......       284
      Military training
        Inter-American Air Forces        10 USC 9415...........       690
         Academy.
    Central America-U.S. relations--
     Continued
      Peace and democracy
        Advancement of.................  PL 100-276............       285
      Sapoa Agreement..................  PL 100-276 Sec 2......       285
      U.S. Armed Forces in
        Sense of Congress..............  PL 98-525 Sec 310.....      1311
    Central and South America-U.S.
     relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
    Central European Small Business
     Enterprise Development Commission
      Established......................  67 Stat 232...........       160
      Report to Congress...............  67 Stat 232...........       161
    Chemical agents
      Training use
        Transfer to the Attorney         PL 106-65 Sec 1065....       899
         General.
    Chemical and biological weapons
      Emergency response to
        Testing and improving..........  PL 107-314 Sec 3154...       824
    Chemical Warfare Review Commission.  PL 98-525 Sec 1511....      1319
    Chemical weapons
      BIGEYE bomb
        Production restrictions........  PL 99-145 Sec 1411(d).      1292
      Binary chemical munitions
        Conditions for use of funds....  PL 99-145 Sec 1411....      1291
      Disposal of
        International consultation       PL 102-484 Sec 178....      1083
         exchange program.
        Sense of Congress..............  PL 102-484 Sec 178....      1083
      Eliminating
        Negotiations on................  PL 97-252 Sec 1124....      1336
      Germany
        Transfer to Johnston Island....  PL 101-510 Sec 364....      1164
      Illegal importation prevention
        Presidential certification.....  PL 104-201 Sec 229....       987
      Iraq
        Violation of United Nations      PL 102-190 Sec 1095...      1152
         Security Council Resolution
         687.
      Lethal agents and munitions
         Destruction of................  PL 106-65 Sec 107.....       847
                                         PL 99-145 Sec 1412....      1293
        Report to Congress.............  PL 99-145 Sec 1412(g).      1297
        Strategic plan for U.S.          PL 99-145 Sec 1412(d).      1296
         stockpile destruction.
      National emergency
        Secretary of Defense...........  10 USC 382............       616
      NATO members posture
        Report to Congress.............  PL 99-145 Sec 1411(g).      1292
       Riot control agents procured for
       U.S. Armed Forces
         Not defined as chemical         PL 109-163 Sec 1232...       712
         weapons.
      Technology transfer
        Report to Congress.............  PL 102-190 Sec 1097...      1153
      Testing
        Report to Congress.............  PL 99-145 Sec 1413....      1300
    Chemical Weapons Convention
      U.S. compliance with
        Findings of Congress...........  PL 107-228 Sec 1605...       438
        OPCW designated laboratories...  PL 107-228 Sec 1605...       438
      United States National Authority
        Securing OPCW designation......  PL 107-228 Sec 1605(b)       439
    Children
      Foreign countries
        Reducing hunger................  PL 107-171 Sec 3107...      1402
      Health programs
        Immunizations..................  PL 99-198 Sec 1112(b).      1463
    Children--Continued
      Soldiers
        Colombia.......................  PL 106-246 Title III..       216
        Sense of Congress..............  PL 106-398 Sec 1236...       870
    Chile-U.S. relations
      Reconstruction of................  PL 86-735 Sec 3.......       292
    China-U.S. relations
      Chinese military companies
        IEEPA authorities..............  PL 105-261 Sec 1237...       943
      Commercial and labor rule of law
       programs
        Establishing...................  PL 106-286 Sec 511....       342
      Congressional-Executive            PL 106-286 Sec 301....       331
       Commission on the People's
       Republic of China.
       Defense Department procurement    PL 109-163 Sec 1211...       704
       prohibited.
       Economic Security Review
       Commission
         Strategy developed by the       PL 109-163 Sec 1234...       714
         President.
      Espionage activities
        Report to Congress.............  PL 106-65 Sec 3151....       917
      Exports
        Agricultural commodities.......  PL 99-198 Sec 1106....      1454
      Human rights
        Monitoring compliance with.....  PL 106-286 Sec 301....       331
      Military capability
        Report to Congress.............  PL 105-85 Sec 1226....       977
      Military power
        Report to Congress.............  PL 106-65 Sec 1202....       903
      Military-to-military contacts and
       exchanges
        Limitation on..................  PL 106-65 Sec 1201....       901
      National security implications
        Review of......................  PL 106-398 Sec 1238...       873
      Nuclear weapons programs
        Funding prohibition............  PL 104-201 Sec 3137...      1000
      POW/MIA Task Force...............  PL 103-337 Sec 1033...      1028
      Science and technology agreement
       of 1979
        Implementation of..............  PL 107-314 Sec 1207...       815
      Significant technology transfers
        Report to Congress.............  PL 107-107 Sec 1223(b)       854
      Task force to monitor forced or
       prison labor products
        Report to Congress.............  PL 106-286 Sec 505....       341
    China-U.S. trade agreements
      Enforcing compliance with
        Appropriations authorization...  PL 106-286 Sec 413(b).       338
    China-U.S. trade relations
      Agreements
        Findings of Congress...........  PL 106-286 Sec 411....       337
        Promoting compliance with......  PL 106-286 Sec 411....       337
                                         PL 106-286 Sec 412....       338
      Findings of Congress.............  PL 106-286 Sec 202....       328
      Monitoring compliance with
        Appropriations authorization...  PL 106-286 Sec 413(b).       338
      Products of forced or prison
       labor
        Task force to monitor..........  PL 106-286 Sec 501....       340
      U.S. policy......................  PL 106-286 Sec 202-203       328
      World Trade Organization
       membership
        Review of commitments..........  PL 106-286 Sec 401....       337
    China, People's Republic of-U.S.
     relations
      Joint Defense Conversion
       Commission
        Report to Congress.............  PL 104-106 Sec 1343...      1019
    China, Republic of
      (see Taiwan-U.S. relations)
    Civil Service
      Peace Corps personnel
        Appointment to.................  EO 11103..............      1624
    Civilian Career Service
      Former Peace Corps personnel.....  EO 11103..............      1624
    Claude and Mildred Pepper
     Scholarship Program
      Appropriations authorization.....  PL 102-138 Sec 210(c).       109
      Emerging democracies
        Programs for students..........  PL 102-138 Sec 210(a).       109
      Grants to........................  PL 102-138 Sec 210(b).       109
    Clement J. Zablocki Memorial
     Outpatient Facility
      Funding authorization............  PL 98-266.............       153
    Coast Guard
      Drug control
        Appropriations from Department   PL 100-180 Sec 1242...      1270
         of Defense.
      Drug-interdiction assistance.....  PL 99-145 Sec 1421....      1300
      Personnel
        Assignment to naval vessels....  10 USC 379............       615
    Cochran Fellowship Program
      Establishing.....................  PL 101-624 Sec 1543...      1435
    Cold War
      Statutory provisions
        Amendments and repeals of......  PL 103-199 Sec 101....        68
    Cold War, Commission on Victory in
      Established......................  PL 106-65 Sec 1053(e).       898
    Collective security
      (see Mutual defense)
    Colombia-U.S. relations
      Armed Forces
        Certification to Congress......  PL 106-246 Sec 3201...       217
      Child soldiers demobilization
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
      Combat operations
        Limitation on U.S. personnel     PL 108-136 Sec 1023(c)       789
         participation.
      Counter-drug activities
        Appropriations authorization,    PL 108-375 Sec 1021...       752
         FY 2005.
        Participation of U.S. personnel  PL 108-375 Sec 1021(c)-      752
                                          (d).
      Counter-terrorism campaign
        Appropriations authorization,    PL 108-136 Sec 1023...       788
         FY 2004.
      Drug control
        Additional eradication           PL 105-277 Sec 821....       366
         resources.
        Appropriations authorization...  PL 105-85 Sec 1033....       953
        Appropriations authorization,    PL 108-136 Sec 1023...       788
         2004.
        Foreign aid....................  PL 105-277 Sec 821....       366
      Drug control strategy
        Report to Congress.............  PL 106-246 Sec 3202...       219
      Foreign aid
        Certification to Congress......  PL 106-246 Sec 3201...       217
                                         PL 106-246 Sec 3207...       225
      Helicopters for Army and Police
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
      Human rights
        Certification to Congress......  PL 106-246 Sec 3201...       217
      Military aid
        Waiver of costs................  PL 106-280 Sec 710....       462
      Persons aiding paramilitary
       groups
        Visa denial....................  PL 106-246 Sec 3205...       224
      Plan Colombia
        Limitations on support for.....  PL 106-246 Sec 3204...       220
    Colombia-U.S. relations--Continued
      Population planning
        Funding limitation.............  PL 106-246 Sec 3206...       225
      Terrorist organizations in
        Report to Congress.............  PL 108-375 Sec 1021(e)       753
      U.S. military activities in
        Report to Congress.............  PL 106-65 Sec 1025....       892
      U.S. military personnel
        Assignment limitation..........  PL 106-246 Sec 3204(b)       222
        Assignment limitation waiver...  PL 106-246 Sec 3204(c)       223
    Colombo Plan Council for Technical
     Cooperation
      U.S. membership in...............  PL 86-108 Sec 502.....       481
    Combating Proliferation of Weapons
     of Mass Destruction Act of 1996
      Report to Congress...............  PL 107-314 Sec 1209...       817
    Commerce, Department of
      Foreign aid program
        Administration of..............  EO 12163 Sec 1-502....       558
    Commerce, Secretary of
      Chemical Weapons Convention
        Authority......................  EO 13346 Sec 2(b)(b)..       594
    Commodities, equipment, or
     materials, U.S.
      To foreign countries.............  49 Stat 1985 Sec             543
                                          901(b)(1).
    Commodities, U.S.
      To foreign countries
        Commodity Credit Corporation...  49 Stat 1985 Sec 901a.       544
        Transported in U.S. ships......  49 Stat 1985 Sec 901b.       545
    Commodity Credit Corporation
      Agricultural commodities
        Market promotion program.......  PL 95-501 Sec 203.....      1509
        Unfair trade practices.........  PL 95-501 Sec 301.....      1515
      Agricultural commodity sales.....  PL 83-480 Sec 406.....      1378
        Minimum prices.................  PL 83-480 Note........      1401
      Agricultural exports
        Program controls...............  PL 95-501 Sec 401-404.      1519
      Direct credit sales program......  PL 95-501 Sec 201.....      1504
        Funding levels.................  PL 95-501 Sec 211.....      1513
      Eligible commodities
        Funding of.....................  PL 99-198 Sec 1110(e).      1457
      Emerging democracies
        Export credit guarantees.......  PL 101-624 Sec 1542...      1429
      Export credit guarantee program..  PL 95-501 Sec 202.....      1506
      Export guarantee program
        Appropriations, 2006...........  PL 109-97 Title V.....      1450
      Exports
        Transported in U.S. ships......  49 Stat 1985 Sec 901a.       544
    Commonwealth of Independent States-
     U.S. relations
      Nuclear weapons
        Information exchanges..........  PL 102-484 Sec 3151(b)      1127
      Plutonium production
        Cessation of...................  PL 102-484 Sec 3151...      1127
    Communications, international
      U.S.-Former Soviet Union link....  PL 99-85..............      1343
    Communism
      Victims of
        Monument to honor..............  PL 103-199 Sec 905....        71
    Compact of Free Association
      Department of Defense
        Humanitarian and civic           PL 109-148 Sec 8009...       728
         assistance.
    Computers
      Exports of
        Report to Congress.............  PL 105-85 Sec 1212....       969
                                         PL 105-85 Sec 1214....       970
        Study by General Accounting      PL 105-85 Sec 1214....       970
         Office.
    Computers--Continued
      High performance
        Export controls................  PL 105-85 Sec 1211....       967
      Sales to certain countries
        Report to Congress.............  PL 105-85 Sec 3157....       984
    Congress
      (see also Reports to Congress)
      Travel abroad
        Foreign currencies used for....  PL 83-665 Sec 502.....       483
        Local currencies...............  PL 83-665 Sec 502.....       483
    Congressional Hunger Fellows Act of  PL 107-171 Sec 4404...      1410
     2002.
    Congressional Hunger Fellows
     Program
      Established......................  PL 107-171 Sec 4404(b)      1411
      Report to Congress...............  PL 107-171 Sec 4404(h)      1416
    Congressional-Executive Commission
     on the People's Republic of China
      Appropriations authorization.....  PL 106-286 Sec 307....       336
      Human rights monitoring..........  PL 106-286 Sec 301....       331
      Membership.......................  PL 106-286 Sec 303....       334
      Report to Congress...............  PL 106-286 Sec 302(g).       333
    Contracts
      Defense contractors
        Transactions with terrorist      PL 103-160 Sec 843....      1052
         countries.
    Controlled Substances Trafficking    PL 105-277 Subtitle G.       374
     Prohibition Act.
    Convention on Prohibitions or        PL 103-160 Sec              1066
     Restrictions on the Use of Certain   1423(a)(5).
     Conventional Weapons Which May Be
     Deemed To Be Excessively Injurious
     or to Have Indiscriminate Effects.
      Findings of Congress.............  PL 102-484 Sec              1103
                                          1365(a)(4).
    Convention on the Physical
     Protection of Nuclear Materials
      Sense of Congress................  PL 107-314 Sec 3161...       828
    Conventional Forces in Europe        PL 102-228............       106
     Treaty Implementation Act of 1991.
    Cooperative agreements
      Allied countries
        Communications support.........  10 USC 2350a..........       649
        Communications support services  10 USC 2350f..........       659
        Foreign contributions..........  10 USC 2350i..........       661
        Military airlift...............  10 USC 2350c..........       655
        Real property or services......  10 USC 2350g..........       660
        Research and development         10 USC 2350a..........       649
         projects.
      Central Europe air defenses
        Equipment disposal.............  PL 105-85 Sec 1064....       961
      Foreign countries
        Testing defense equipment......  10 USC 2350l..........       665
      NATO
        Logistic support...............  10 USC 2350d..........       656
    Cooperative research and
     development programs
      Independent states of the former   PL 102-484 Sec 1441...      1108
       Soviet Union.
      Japan............................  PL 101-510 Sec 1454(c)      1177
      Non-NATO allies
        Appropriations authorization...  PL 100-180 Sec 207....      1250
      Russian Federation
        Terrorism protection...........  PL 107-314 Sec 3155...       825
    Cooperative threat reduction
      Department of Defense
        Appropriations authorization,    PL 104-201 Sec 301....       988
         FY 1997.
        Appropriations authorization,    PL 105-85 Sec 301.....       950
         FY 1998.
    Cooperative threat reduction--
     Continued
      Department of Defense--Continued
        Appropriations authorization,    PL 108-136 Sec 301(19)       785
         FY 2004.
    Cooperative threat reduction
     programs
      Appropriations authorization, FY   PL 104-106 Sec              1007
       1996.                              301(a)(18).
      Appropriations authorization, FY   PL 106-65 Sec 301(23).       882
       2000.
      Appropriations authorization, FY   PL 107-107 Sec               848
       2002.                              301(a)(23).
      Appropriations authorization, FY   PL 108-375 Sec 301(19)       747
       2005.
      Appropriations authorization, FY   PL 109-163 Sec 301(19)       691
       2006.
    Corporation for National and
     Community Service
      Established......................  PL 101-610 Sec 191....      1616
    Counter-terrorism activities
      Law enforcement agencies
        Department of Defense support..  PL 108-136 Sec 1022...       788
    Countries, foreign-U.S. relations
      Armed conflict
        Multinational economic           PL 106-65 Sec 1231....       910
         embargoes.
      Chemical weapons
        Disposal information technology  PL 102-484 Sec 178....      1083
         exchanges.
      Coalition liaison officers
        Services and support for.......  PL 107-314 Sec 1201...       811
      Commodity Credit Corporation
        Export credit guarantees.......  PL 101-624 Sec 1542...      1429
      Defense cost-sharing agreements..  PL 102-190 Sec 1046...      1143
      Development
        Microenterprise institutions...  PL 106-309 Sec 103....       497
      Emerging market
        Farmer-to-farmer program.......  PL 83-480 Sec 501(b)..      1388
      Enhancing U.S. agricultural
       exports to
        Programs for...................  PL 101-624 Sec 1542...      1429
      Farmer-to-farmer program
        Establishing...................  PL 83-480 Sec 501(b)..      1388
      Forced labor products
        Memoranda of Understanding.....  PL 105-261 Title             947
                                          XXXVII.
      Foreign critical technology
        Monitoring and assessment        10 USC 2518...........       671
         program.
      Former U.S. military
       installations
        Environmental contamination....  PL 106-65 Sec 329.....       882
      Improving accountability.........  PL 106-309 Sec 202....       501
      International military education   PL 107-228 Sec 1223(b)       413
       and training.
      Logistical support in Iraq
        Reimbursement for..............  PL 108-11 Sec 1310....        11
      Malaria
        Eradication assistance.........  PL 106-570 Sec 103....       490
        Findings of Congress...........  PL 106-570 Sec 102....       489
      Middle income
        Farmer-to-farmer program.......  PL 83-480 Sec 501(b)..      1388
      Military aid
        Foreign military financing       PL 107-228 Sec 1223(a)       413
         grants.
      Military-based satellites
        Report to Congress.............  PL 102-484 Sec 1363...      1100
      Military-to-military contacts....  10 USC 168............       605
                                         PL 107-228 Sec 1223(c)       413
      Naval vessels
        Grant and sales transfers......  PL 107-228 Sec 1701...       440
      Non-proliferation control
       capabilities
        Foreign aid, 2003..............  PL 107-228 Sec 1302...       416
                                         PL 103-160 Sec 1503...      1071
      Nuclear test monitoring equipment
        Furnishing.....................  PL 106-398 Sec 1203...       865
      Protection of intellectual
       property rights
        Sense of Congress..............  PL 101-189 Sec 852....      1199
      Refugees
        International mine clearing      PL 102-484 Sec 1364...      1001
         efforts.
    Countries, foreign-U.S. relations--
     Continued
      Russian proliferation of weapons
       of mass destruction
        Report to Congress.............  PL 107-314 Sec 1206...       815
      School children
        Providing agricultural           PL 107-171 Sec 3107...      1402
         commodities.
      Security forces
        Training prohibition...........  PL 109-148 Sec 8069...       730
        Training prohibition waiver....  PL 109-148 Sec 8069(c)       731
      Tied aid practices
        Combating......................  PL 102-511 Sec 306....        83
      U.S. military in
        Environmental preservation       PL 105-85 Sec 347.....       951
         activities.
      U.S. military installations
        Environmental cleanup..........  PL 105-261 Sec 321....       922
      Weapons technology transfer
        Report to Congress.............  PL 102-190 Sec 1097...      1153
    Coverdell, Paul D.
      Peace Corps Director
        Findings of Congress...........  PL 106-570 Sec 602....      1599
    Crime Control Act of 1990..........  PL 101-647 Sec 1......       387
    Cuba-U.S. relations
      Aliens
        Exclusion from the United        PL 104-114 Title IV...       264
         States.
      Brothers to the Rescue
        Attack on......................  PL 104-114 Sec 116....       244
      Business transactions
        Prohibitions on................  PL 102-484 Sec 1706...      1124
      Cuban people
        Direct mail to.................  PL 102-484 Sec 1705(f)      1124
        Exports of medicines and         PL 102-484 Sec 1705(c)      1122
         medical supplies.
        Food donations.................  PL 102-484 Sec 1705(b)      1122
        Support for....................  PL 102-484 Sec 1705...      1122
        Telecommunications services and  PL 102-484 Sec 1705(e)      1123
         facilities.
      Democracy
        U.S. policy on.................  PL 104-114 Sec 201....       246
      Democratic government
        Determining....................  PL 104-114 Sec 206....       254
        U.S. policy on.................  PL 102-484 Sec 1708...      1126
      Economic assistance
        Plan coordination..............  PL 104-114 Sec 203....       250
        Plan for providing.............  PL 104-114 Sec 202....       247
        Report to Congress.............  PL 104-114 Sec 202(g).       249
      Embargo of
        Enforcement of.................  PL 104-114 Sec 102....       235
        Termination of.................  PL 104-114 Sec 204....       251
      Extradition of criminals to the    PL 104-114 Sec 113....       243
       United States.
      Findings of Congress.............  PL 102-484 Sec 1702...      1119
      Human and democratic rights
       groups
        Support for....................  PL 104-114 Sec 109....       239
      Juragua nuclear power plant
        Foreign assistance prohibition.  PL 104-114 Sec 111....       241
      National security
        Assessing Cuban threat to......  PL 105-85 Sec 1228....       980
      News bureaus
        Establishment and exchange of..  PL 104-114 Sec 114....       243
      Opposition to membership in        PL 104-114 Sec 104....       236
       international financial
       institutions.
      Outstanding property claims
        Settlement of..................  PL 104-114 Sec 207....       254
      Prohibition on imports and         PL 104-114 Sec 110....       240
       exports.
      Property rights of U.S. nationals
        Protection of..................  PL 104-114 Title III..       255
      Reaffirmation of policy toward...  PL 98-525 Sec 1543....      1324
    Cuba-U.S. relations--Continued
      Reinstitution of general licenses  PL 104-114 Sec 112....       243
      Sanctions against
        Strengthening..................  PL 104-114 Sec 101....       234
      Sugar import quotas..............  PL 99-198 Sec               1454
                                          902(c)(1).
      Sugar imports
        Report to Congress.............  PL 99-198 Sec               1454
                                          902(c)(2).
      Television broadcasting to.......  PL 104-114 Sec 107....       238
      Transition government
        Determining....................  PL 104-114 Sec 205....       252
        U.S. policy on.................  PL 102-484 Sec 1707...      1125
      U.S. policy on...................  PL 102-484 Sec 1703...      1120
      U.S. policy toward
        Findings of Congress...........  PL 104-114 Sec 2......       228
      United States-Cuba Council.......  PL 104-114 Sec 203(b).       250
    Cuban Democracy Act of 1992........  PL 102-484 Sec 1701...      1119
    Cuban Liberty and Democratic         PL 104-114............       227
     Solidarity (LIBERTAD) Act of 1996.
    Culebra
      Military, U.S....................  PL 93-365 Sec 704.....      1339
    Currencies, foreign
      (see also Agricultural commodity
       sales)
      Agreements on use of
        Report to Congress.............  PL 83-480 Note........      1400
      Agricultural Trade Development
       Act
        Accounting for.................  EO 12752 Sec 2........      1480
      Appropriations acts..............  PL 87-125 Sec 508.....       541
      Expenditure by agencies..........  31 USC 1306...........       540
      Federal agencies use
        Reimbursement of Treasury note.  PL 83-480 Note........      1356
      Fluctuations in
        Peace Corps account............  PL 87-293 Sec 16......      1589
      Former Soviet Union
        Currency stabilization fund....  PL 102-511 Sec 1004(b)       104
      Peace Corps use..................  PL 87-293 Sec 17......      1590
      Poland
        Availability of................  PL 100-418 Sec 2224...       151
      Salaries of U.S. Government        PL 83-665 Sec 523(d)..       486
       employees abroad.
      Travel abroad
        Congressional Members and        PL 83-665 Sec 502.....       483
         staffs.
      U.S. balance of payments position  31 USC 5303...........       542
    Cyprus
      Settlement of conflict...........  PL 94-104 Sec 2.......       477
    Czechoslovakia
      Central European Small Business    67 Stat 232...........       160
       Enterprise Development
       Commission.
      Small business
        Management and technical         67 Stat 232...........       160
         assistance.

                                        D

    Dairy surplus
      Overseas donations...............  PL 81-439 Sec 416(b)..      1441
    Debt reduction
      Zimbabwe
        U.S. review of.................  PL 107-99 Sec 4(b)....       166
    Debts
      Foreign currencies from            PL 83-480 Sec 104.....      1357
       agricultural commodity sales.
    Debts, foreign
      Agricultural commodity sales
        Debt forgiveness...............  PL 83-480 Sec 411.....      1383
      Bolivia
        Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
    Debts, foreign--Continued
      Bolivia--Continued
        Debt-for-drugs exchanges--
         Continued
                                         PL 101-231 Sec 10.....       396
      Cancellation of..................  PL 106-113 Sec 501....       522
        Annual reports to Congress.....  PL 106-113 Sec 501(f).       523
        Eligible countries.............  PL 106-113 Sec 501(d).       522
        Exceptions.....................  PL 106-113 Sec 501(f).       523
      Colombia
        Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
      Debt reduction
        Multilateral debt relief.......  PL 106-113 Sec 503....       525
      Debt relief
        Findings of Congress...........  PL 106-200 Sec 121....       174
      Debt-for-drugs exchanges.........  PL 101-623 Sec 17.....       387
      Debt-for-nonproliferation
       exchange
        Russian Federation.............  PL 107-228 Sec               423
                                          1312(a)(9).
      Enterprise for the Americas
       Facility
        Debt reduction.................  PL 83-480 Sec 604.....       271
      Peru
        Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
      Qualified debt
        Defined........................  PL 83-480 Sec 619.....       278
      Relief of
        Notifying Congress.............  PL 83-480 Sec 618.....       278
      Russian Federation
        Annual determination and         PL 107-228 Sec 1317(b)       427
         certification.
        Presidential waiver............  PL 107-228 Sec 1317(c)       427
        Reducing obligations to United   PL 107-228 Sec 1314...       424
         States.
      Sale to eligible countries.......  PL 83-480 Sec 616.....       276
      Sale, reduction or cancellation
        Facilitating debt swaps........  PL 83-480 Sec 617.....       277
    Defense and National Security,
     National Commission on
      Establishment of.................  PL 101-511 Sec 8104...      1222
      Report to Congress...............  PL 101-511 Sec 8104...      1222
    Defense articles
      Appropriations authorization
        Credit sales...................  PL 106-280 Sec 101....       447
      Secretary of Defense
        Loan guarantees................  10 USC 2540...........       674
      Stockpiles
        Transfers to Israel............  PL 106-280 Sec 112....       448
      Transfer of
        Limitations on.................  PL 109-148 Sec 8059...       729
      Transfers to Israel
        Congressional notification.....  PL 106-280 Sec 112(c).       449
    Defense Conversion, Reinvestment,    PL 102-484 Sec 4001...      1130
     and Transition Assistance Act of
     1992.
    Defense Cooperation Account
      Appropriations authorization from  PL 102-25 Sec 203.....        35
      Appropriations authorization, FY   PL 102-25 Sec 101.....        33
       1991 and 1992.
      Establishment of.................  10 USC 2608...........       682
    Defense Economic Adjustment,         PL 101-510 Sec 4001...      1193
     Diversification, Conversion, and
     Stabilization Act of 1990.
    Defense Emergency Response Fund
      Transfer of funds from...........  PL 108-11 Sec 1313....        12
    Defense Language Institute Foreign
     Language Center
      Arabic language program
        Expansion of...................  PL 107-107 Sec 306....       848
    Defense offsets
      Declaration of policy............  PL 106-113 Sec 1242(b)       468
    Defense offsets--Continued
      Findings of Congress.............  PL 106-113 Sec 1242...       467
      Multilateral treaty
        Review of by President.........  PL 106-113 Sec 1248...       472
      Review commission established....  PL 106-113 Sec 1247...       469
      Sense of Congress................  PL 106-113 Sec 1242...       467
      Treaty feasibility
        Report to Congress.............  PL 106-113 Sec 1248(b)       472
    Defense Offsets Disclosure Act of    PL 106-113 Sec 1242...       467
     1999.
                                         PL 106-113 Sec 1241...       467
                                         PL 106-113 Subtitle D.       467
      Definitions......................  PL 106-113 Sec 1243...       468
    Defense, Department of
       Aerial reconnaissance assets for  PL 109-163 Sec 1035...       697
       homeland security missions.
      Appropriations
        General provisions.............  PL 101-511 Title VIII.      1222
         Military operations for Iraq    PL 109-13 Sec 1024....       742
         and Afghanistan in regular
         appropriations.
         Ongoing operations overseas in  PL 109-148 Sec 8117...       731
         regular appropriations.
        Transfer of funds..............  10 USC 2214...........       635
                                         10 USC 2215...........       636
      Appropriations authorization, FY
       1993
        Limitations on.................  PL 102-484 Sec 4......      1083
      Appropriations, 2006
        F-22 license or sale             PL 109-148 Sec 8067...       730
         prohibitions.
        North Korea assistance           PL 109-148 Sec 8047...       729
         restrictions.
        Transfer restrictions..........  PL 109-148 Sec 8059...       729
      Arctic Military Environmental
       Cooperation Program
        Activities.....................  PL 105-261 Sec 327....       923
      Authorizations, FY 1994
        Transfer limitations...........  PL 103-160 Sec 1101(b)      1054
      Ballistic Missile Defense
       Organization
        Funding activities of..........  PL 105-261 Sec 3132...       944
      Biological pathogens
        Export licenses review.........  PL 104-106 Sec 1323...      1015
      Budget justification
        Missile Defense Agency.........  10 USC 223............       608
        Programs combating terrorism...  10 USC 229............       609
       Capacity building of foreign      PL 109-163 Sec 1206...       699
       military forces.
      Civic Action Teams
        Micronesia.....................  PL 109-148 Sec 8009...       728
        Trust Territories of the         PL 109-148 Sec 8009...       728
         Pacific Islands.
      Civilian personnel reduction in    PL 101-189 Sec 314....      1197
       Europe.
      Compact of Free Association......  PL 109-148 Sec 8009...       728
      Contingency operations
        Budget justification documents.  PL 107-248 Sec 8132...       846
      Contract proposals
        NATO members eligibility.......  10 USC 2349...........       647
        Restrictions on................  10 USC 2327(b)........       638
      Contracts
        Arab boycott of Israel.........  10 USC 2410i..........       667
        Waivers........................  10 USC 2327(c)........       639
      Cooperative threat reduction
        Appropriations authorization,    PL 105-261 Sec 301....       921
         FY 1999.
        Appropriations authorization,    PL 106-65 Sec 301(23).       882
         FY 2000.
        Appropriations authorization,    PL 106-398 Sec 301....       857
         FY 2001.
        Program transfer...............  PL 107-314 Sec 3151...       821
    Defense, Department of--Continued
      Counter-terrorism activities of
       law enforcement agencies
        Support for....................  PL 108-136 Sec 1022...       788
      Defense build down
        Findings of Congress...........  PL 102-484 Sec 4101...      1130
      Defense contracts
        Foreign government interest      10 USC 2327(a)........       638
         disclosure.
      Department of Defense              PL 93-365.............      1338
       Appropriation Authorization Act,
       1975.
      Department of Defense              PL 95-485.............      1337
       Appropriation Authorization Act,
       1979.
      Department of Defense              PL 100-463............      1246
       Appropriations Act, 1989.
      Department of Defense
       Appropriations Act, 1990
        Report to Congress.............  PL 101-189 Sec 1624...      1217
      Department of Defense              PL 101-511............      1222
       Appropriations Act, 1991.
      Department of Defense              PL 102-396............      1132
       Appropriations Act, 1993.
        General provisions.............  PL 102-396 Title IX...      1132
      Department of Defense              PL 103-139............      1080
       Appropriations Act, 1994.
        General provisions.............  PL 103-139 Title VIII.      1080
      Department of Defense              PL 107-248............       845
       Appropriations Act, 2003.
      Department of Defense              PL 108-287............       781
       Appropriations Act, 2005.
      Department of Defense              PL 109-148............       726
       Appropriations Act, 2006.
      Department of Defense              PL 97-252.............      1334
       Authorization Act, 1983.
      Department of Defense              PL 98-94..............      1325
       Authorization Act, 1984.
      Department of Defense              PL 98-525.............      1306
       Authorization Act, 1985.
      Department of Defense              PL 99-145.............      1286
       Authorization Act, 1986.
      Department of Defense              PL 99-661.............      1275
       Authorization Act, 1987.
      Disaster assistance
        Foreign........................  10 USC 404............       623
      Drawdown support
        Supplemental appropriations,     PL 108-11 Sec 1307....        10
         2003.
                                         PL 108-11 Sec 1309....        10
      Drug-interdiction assistance
        Appropriations authorization...  PL 99-145 Sec 1422....      1301
       Emergency Response Assistance     PL 109-163 Sec 1034...       697
       Program repealed.
      Emergency Response Fund
        Rwandan refugees...............  PL 103-337 Sec 1002(b)      1025
      Emergency supplemental             PL 103-337 Sec 1002...      1025
       appropriations authorization, FY
       1994.
      Environmental activities overseas
        Report to Congress.............  PL 105-85 Sec 345.....       950
      Environmental cleanup of overseas
       sites
        Foreign claims.................  PL 105-261 Sec 321....       922
      Essential operations
        Year 2000 compliance...........  PL 105-261 Sec 335....       924
      Excess construction or fire
       equipment
        Use limitations................  10 USC 2562...........       679
      Excess helicopters
        Transferred to foreign           10 USC 2581...........       682
         governments.
      Excess personal property
        Transfer to State and Federal    10 USC 2576a..........       681
         agencies.
    Defense, Department of--Continued
      Families of POWs/MIAs
        Support center established.....  PL 102-190 Sec 1083...      1151
      Foreign aid program
        Administration of..............  EO 12163 Sec 1-3......       557
      Foreign national employees
        Compensation...................  PL 109-148 Sec 8002...       728
        Severance pay..................  PL 102-484 Sec 1351...      1100
       Global Posture Review
         Facilities located in foreign   PL 109-163 Sec 1233...       713
         countries.
      Humanitarian and civic assistance
        Pacific Islands................  PL 109-148 Sec 8009...       728
      Humanitarian assistance
        Appropriations reductions......  PL 104-106 Sec 1008...      1009
      Humanitarian assistance programs
        Appropriations, 2006...........  PL 109-148 Title II...       727
      INF Treaty
        Funds appropriated.............  PL 103-139 Sec 8033...      1080
      Information
        Available to U.S. law            10 USC 371............       611
         enforcement officials.
      Intelligence collections systems
        Use of.........................  PL 102-190 Sec 924....      1137
      Iraq Liberation Act of 1998
        Supplemental appropriations,     PL 108-11 Sec 1309....        10
         2003.
      Iraq operating costs
        Emergency appropriations         PL 108-375 Sec 1501...       773
         authorization.
      Joint task force support for law   PL 108-136 Sec 1022...       788
       enforcement agencies.
      Military equipment
        Available to U.S. law            10 USC 372............       611
         enforcement officials.
      Military personnel
        Available to train U.S. law      10 USC 373............       612
         enforcement officials.
        Operating equipment for U.S.     10 USC 374............       612
         law enforcement officials.
      National Defense Authorization     PL 101-510............      1160
       Act for Fiscal Year 1991.
      National Defense Authorization     PL 102-484............      1082
       Act for Fiscal Year 1993.
      National Defense Authorization     PL 103-160............      1051
       Act for Fiscal Year 1994.
      National Defense Authorization     PL 103-337............      1023
       Act for Fiscal Year 1995.
      National Defense Authorization     PL 104-106............      1006
       Act for Fiscal Year 1996.
      National Defense Authorization     PL 104-201............       986
       Act for Fiscal Year 1997.
      National Defense Authorization     PL 105-85.............       949
       Act for Fiscal Year 1998.
      National Defense Authorization     PL 106-65.............       881
       Act for Fiscal Year 2000.
      National Defense Authorization     PL 107-107............       847
       Act for Fiscal Year 2002.
      National Defense Authorization     PL 107-314............       807
       Act for Fiscal Year 2003.
      National Defense Authorization     PL 108-136............       784
       Act for Fiscal Year 2004.
      National Defense Authorization     PL 108-375............       746
       Act for Fiscal Year 2005.
      National Defense Authorization     PL 100-180............      1250
       Act for Fiscal Years 1988 and
       1989.
      National Defense Authorization     PL 101-189............      1195
       Act for Fiscal Years 1990 and
       1991.
    Defense, Department of--Continued
      National Defense Authorization     PL 102-190............      1133
       Act for Fiscal Years 1992 and
       1993.
      National Defense Authorization     PL 100-456............      1228
       Act, Fiscal Year 1989.
      Nuclear weapons
        Nonproliferation activities....  PL 102-484 Sec 1503...      1110
      Offset policy
        Findings of Congress...........  PL 100-456 Sec 825....      1231
      Operation and maintenance funding  PL 108-375 Sec 301....       747
      Operations
        Security or counterintelligence  10 USC 2723...........       685
         failures.
      Overseas environmental provisions
        Report to Congress.............  PL 101-510 Sec 342....      1162
       Overseas humanitarian, disaster,  PL 109-163 Sec 301(18)       691
       and civic aid authorization, FY
       2006.
      Overseas Military Facility
       Investment Recovery Account
        Established....................  PL 101-510 Sec 2921(c)      1187
        Report to Congress.............  PL 101-510 Sec              1190
                                          2921(g)(2).
      Prior emergency supplemental
       appropriations
        Adjustment of..................  PL 105-85 Sec 1004....       952
      Programs combating terrorism
        Report to Congress.............  10 USC 229(d).........       610
      Regional Defense Counterterrorism
       Fellowship Program
        Appropriations, 2006...........  PL 109-148 Sec 8102...       731
        Assistance to..................  10 USC 2249c..........       637
       Reimbursement to coalition        PL 109-163 Sec 1208...       702
       nations.
         Appropriations, 2006..........  PL 109-148 Title IX...       732
         Supplemental appropriations,    PL 109-13 Title I.....       738
         2005.
      Satellite exports
        National security control costs  PL 108-136 Sec 1212...       796
      Security and reconstruction
       activities in Iraq
        Report to Congress.............  PL 108-136 Sec 1203...       794
       Security and stabilization        PL 109-163 Sec 1207...       701
       assistance.
      Security studies regional centers  10 USC 2611...........       684
      Senior military colleges
        International student program..  10 USC 2111b..........       630
      Services and equipment
        Available to U.S. law            10 USC 371-380........       611
         enforcement officials.
      Specification of programs........  PL 108-136 Sec 301....       785
                                         PL 107-314 Sec 301....       808
      Supplemental appropriations        PL 103-160 Sec 1113...      1054
       authorization, FY 1993.
      Supplemental appropriations        PL 108-136 Sec 1003...       786
       authorization, FY 2003.
      Supplemental appropriations        PL 108-136 Sec 1003...       786
       authorization, FY 2004.
      Technology office
        Establishing in Japan..........  PL 101-510 Sec 248....      1161
      Technology security programs.....  PL 106-65 Sec 912.....       883
      Terrorist countries
        Aid prohibition................  10 USC 2249a(a).......       636
       Treatment of detainees..........  PL 109-163 Sec 1401...       717
       U.N. resolutions costs
         Report to Congress............  PL 109-163 Sec 1224...       708
      U.S. law enforcement officials
        Assistance to..................  10 USC 380............       616
      United Nations peacekeeping
       activities
        Funding prohibition............  10 USC 405............       624
      Vaccination programs of Health
       and Human Services
        Support for....................  PL 103-160 Sec 1705...      1079
    Defense, Department of--Continued
       War-related reporting             PL 109-163 Sec 1221...       705
       requirements.
      Western Hemisphere Institute for   10 USC 2166...........       631
       Security Cooperation.
    Defense, Secretary of
      Armed forces relocation
        Accepting contributions........  10 USC 2350k..........       664
      Arms sales
        Duties.........................  EO 11958..............       578
      Authority in European air defense  PL 98-525 Sec 1007....      1318
       agreements.
      Authorizations, FY 1992
        Transfer authority.............  PL 102-190 Sec 1001...      1138
      Authorizations, FY 1994
        Transfer authority.............  PL 103-160 Sec 1101(a)      1053
      Ballistic missile defense
        Report to Congress.............  PL 99-145 Sec 226.....      1289
      Bosnia-Herzegovina
        Report on U.S. Armed Forces in.  PL 105-261 Sec 1204...       934
      Chemical weapons tests
        Report to Congress.............  PL 99-145 Sec 1413....      1300
      Combating terrorism
        Rewards for information or       10 USC 127b...........       603
         assistance.
      Contingency operations
        Objectives.....................  PL 105-261 Sec 1212...       936
      Contractors in Iraq
        Management of..................  PL 108-375 Sec 1205...       764
        Report to Congress.............  PL 108-375 Sec 1205(c)       765
                                         PL 108-375 Sec 1206...       765
      Cooperative agreements
        Accepting real property or       10 USC 2350g..........       660
         services.
      Defense procurement sources
        Waivers........................  PL 109-148 Sec 8068...       730
      Defense programs
        Authority to accept              10 USC 2608...........       682
         contributions for.
      Defense Science Board
        Radio and television             PL 106-65 Sec 1061....       899
         broadcasting for propaganda.
      Foreign countries
        Military-to-military contacts..  10 USC 168............       605
      Foreign Defense Technology         10 USC 2517...........       670
       Monitoring and Assessment,
       Office for.
      Foreign disaster assistance......  EO 12966..............       587
      Foreign governments
        Memorandums of agreement.......  10 USC 2350h..........       661
      Humanitarian assistance
        Authorization to transport.....  PL 98-525 Sec 1540....      1322
        Homeless veterans..............  10 USC 2557...........       677
        Using excess non-lethal          10 USC 2557...........       677
         supplies.
      International peacekeeping
       activities
        Authorizations, FY 1993........  PL 102-484 Sec 1342...      1099
        Authorizations, FY 1994........  PL 103-160 Sec 1501...      1069
      Loan guarantee program
        Definitions....................  10 USC 2540d..........       676
        Establishment of...............  10 USC 2540...........       674
        Fees charged and collected.....  10 USC 2540c..........       675
        Limitations....................  10 USC 2540b..........       675
      Loan guarantees
        Report to Congress.............  PL 104-106 Sec 1321...      1012
      Memoranda of understanding and     10 USC 2531...........       672
       related agreements.
      Merged or ``M'' account
       obligations
        Report to Congress.............  PL 102-484 Sec 1003...      1087
        Treatment of...................  PL 102-484 Sec 1003...      1087
      Military force structure
        Report to Congress.............  10 USC 113............       596
    Defense, Secretary of--Continued
      Missile defense
        Cooperation study..............  PL 108-375 Sec 1226...       772
      Prompt global strike capability
        Integrated plan for............  PL 108-136 Sec 1032...       790
      Report to Congress
        Burden sharing contributions...  10 USC 2350j..........       662
        Conduct of Persian Gulf          PL 102-25 Sec 501.....        40
         conflict.
        Israel-U.S. defense industrial   PL 102-484 Sec 205....      1084
         cooperation.
        Requirements...................  PL 108-375 Sec 1093...       759
        Security or counterintelligence  10 USC 2723...........       685
         failures.
      U.S. Armed Forces
        Contingency and ongoing          PL 105-261 Sec 1211...       935
         operations.
      Weapons of mass destruction in
       Iraq
        Report to Congress.............  PL 108-136 Sec 1204...       795
    Delegation of Functions Under the    EO 12884..............       163
     FREEDOM Support Act and Related
     Provisions of the Foreign
     Operations, Export Financing and
     Related Programs Appropriations
     Act.
    Democracy Corps
      Appropriations authorization,      PL 102-511 Sec 401(j).        86
       1993.
      Grants to
        Sunset provision...............  PL 102-511 Sec 401(k).        86
      In the independent states of the   PL 102-511 Sec 401....        84
       former Soviet Union.
        Grants to......................  PL 102-511 Sec 401(c).        85
    Department of Defense
      (see Defense, Department of)
    Desert Storm
      (see Operation Desert Storm)
     Detainee Treatment Act of 2005....  PL 109-163 Sec 1401...       717
       Iraqi security forces training..  PL 109-163 Sec 1406...       722
    Developing countries
      Agricultural commodity sales
        Eligibility....................  PL 83-480 Sec 102.....      1354
        Terms and conditions...........  PL 83-480 Sec 103.....      1355
      Debt relief
        Findings of Congress...........  PL 106-200 Sec 121....       174
      Farmer-to-farmer program
        Establishing...................  PL 83-480 Sec 501(b)..      1388
      Joint military exercises
        Expenses paid by the United      10 USC 2010...........       628
         States.
      Malaria
        Findings of Congress...........  PL 106-570 Sec 102....       489
      Microfinance programs
        Findings of Congress...........  PL 106-309 Sec 102....       494
      Micronutrient fortification        PL 83-480 Sec 415.....      1386
       programs.
      Special operations forces
        Training paid by the United      10 USC 2011...........       629
         States.
      Special operations forces
       training
        Report to Congress.............  10 USC 2011(e)........       630
    Development
      (see also Foreign aid)
      (see also Less-developed
       countries)
      (see also United Nations)
      Microenterprise assistance
        Definitions....................  PL 106-309 Sec 104....       497
      Microfinance programs
        Findings of Congress...........  PL 106-309 Sec 102....       494
    Development aid
      (see Foreign aid)
    Development Assistance Committee
      (see Organization for Economic
       Cooperation and Development
       (OECD))
    Development Fund for Africa
      Sub-Saharan Africa
        Support for economic             PL 106-200 Sec 127(b).       179
         development.
    Diplomatic and Consular Service
      Former Soviet Union
        New posts......................  PL 102-511 Sec 802....       100
    Disabled persons
      Peace Corps help.................  PL 87-293 Sec 3(h)....      1554
    Disaster assistance
      (see also Humanitarian
       assistance)
      Bangladesh
        Additional funds...............  PL 100-576 Sec 4......       353
        Report to Congress.............  PL 100-576 Sec 5......       354
      Center for Excellence in Disaster  10 USC 182............       607
       Management and Humanitarian
       Assistance.
      Foreign
        Secretary of Defense...........  EO 12966..............       587
        Supplemental appropriations,     PL 108-11 Ch 5........        12
         2003.
    Disaster Management and
     Humanitarian Assistance, Center
     for
      Payment authorization............  PL 107-248 Sec 8093...       845
    Djibouti-U.S. relations
      Findings of Congress.............  PL 102-274 Sec 2......       202
    Drug control
      Aerial and maritime monitoring
       and detection
        Department of Defense role.....  10 USC 124............       600
      Afghanistan
        Congressional review...........  PL 101-623 Sec 12.....       384
        Sense of Congress..............  PL 108-375 Sec 1022...       753
      Agricultural alternatives
        Assistance with................  PL 101-623 Sec 6......       383
      Agricultural commodity sales.....  PL 83-480 Sec 414.....      1385
      Agricultural Research Service      PL 105-277 Sec 832....       368
       counterdrug research
      Aircraft coverage and operation    PL 105-277 Sec 813....       365
       in source and transit countries.
      Alternative crop development
        Foreign aid....................  PL 105-277 Sec 831....       368
      Andean countries
        Administration of Justice        PL 101-623 Sec 2......       378
         Program.
        Appropriations authorization...  PL 101-623 Sec 2......       378
        Foreign aid....................  PL 101-623 Sec 2......       378
        Military aid...................  PL 101-623 Sec 3......       379
        Presidential determination.....  PL 101-623 Sec 4......       382
        Report to Congress.............  PL 101-623 Sec 4(b)...       382
                                         PL 101-510 Sec 1009...      1173
      Andean drug initiative...........  PL 101-231 Sec 2......       389
      Appropriations authorization.....  PL 105-277 Sec 861....       374
      Bolivia
        Administration of Justice        PL 101-623 Sec 2......       378
         Program.
        Assistance to..................  PL 101-623 Sec 2......       378
                                         PL 101-231 Sec 3......       391
      Brooke-Alexander Amendment
        Waiver of......................  PL 101-623 Sec 4(d)...       383
                                         PL 101-231 Sec 6......       393
      Bumpers Amendment
        Waiver of......................  PL 101-231 Sec 14.....       398
      Coast Guard
        Drug-interdiction assistance...  PL 99-145 Sec 1421....      1300
        Funds transferred from           PL 100-180 Sec 1242...      1270
         Department of Defense.
    Drug control--Continued
      Coast Guard interdiction
        Expansion of...................  PL 105-277 Sec 812....       364
      Colombia
        Additional eradication           PL 105-277 Sec 821....       366
         resources.
        Administration of Justice        PL 101-623 Sec 2......       378
         Program.
        Appropriations authorization...  PL 105-85 Sec 1033....       953
        Assistance to..................  PL 101-623 Sec 2......       378
                                         PL 101-231 Sec 3......       391
        Counter-drug campaign..........  PL 108-136 Sec 1023...       788
        U.S. personnel involved........  PL 106-246 Sec 3204(f)       224
      Controlled Substances Trafficking  PL 105-277 Sec 871....       374
       Prohibition Act.
      Counter-drug activities
        Additional support for.........  PL 103-160 Sec 1121...      1054
                                         PL 101-510 Sec 1004...      1168
        Appropriations authorization,    PL 108-375 Sec 1021...       752
         FY 2005.
        Department of Defense            PL 101-510 Sec 1001...      1168
         authorizations.
                                         PL 101-189 Sec 1201...      1212
        Extension and restatement of     PL 107-107 Sec 1021...       852
         Defense support for.
        National Guard.................  PL 101-189 Sec 1201...      1212
        Report to Congress.............  PL 106-398 Sec 1022-         862
                                          1023.
                                         PL 101-510 Sec 1007...      1172
        Sense of Congress..............  PL 105-261 Sec 1023...       929
        Using U.S. military personnel..  PL 106-398 Sec 1026...       863
      Crop substitution
        Assistance with................  PL 101-231 Sec 14.....       398
                                         PL 101-624 Sec 1544...      1437
      Crop substitution projects
        Assistance from MDBs...........  PL 99-570 Sec 2018....       403
      Department of Defense
        Appropriations authorization...  PL 104-201 Sec 301....       988
        Appropriations authorization,    PL 102-484 Sec 301(14)      1084
         FY 1992.
                                         PL 102-190 Sec              1134
                                          301(a)(14).
        Appropriations authorization,    PL 102-484 Sec 301(14)      1084
         FY 1993.
        Appropriations authorization,    PL 104-106 Sec              1007
         FY 1996.                         301(a)(15).
        Appropriations authorization,    PL 105-85 Sec 301.....       950
         FY 1998.
        Appropriations authorization,    PL 107-107 Sec               848
         FY 2002.                         301(a)(20).
                                         PL 106-65 Sec 301(20).       882
        Communications network.........  PL 101-189 Sec 1204...      1213
        Counterdrug activities.........  PL 105-277 Sec 851(d).       373
        Drug detection monitoring        PL 102-484 Sec 1043...      1088
         systems.
        Drug-interdiction assistance...  PL 99-145 Sec 1422....      1301
        Report to Congress.............  PL 105-277 Sec 851(d).       373
      Department of State
        Increased funding for            PL 105-277 Sec 851....       372
         operations and equipment.
      Department of the Treasury
        Increased funding for            PL 105-277 Sec 851....       372
         operations and equipment.
      Drug Enforcement Administration
        Increased funding for            PL 105-277 Sec 851....       372
         operations and equipment.
      Drug traffickers
        Preventing entry into United     PL 103-447 Sec 107....       377
         States.
      E-2 aircraft
        Testing use of.................  PL 99-145 Sec 1424....      1302
      Export-Import Bank
        Loan guarantees................  PL 79-173 Sec                404
                                          2(b)(6)(A).
      Findings of Congress.............  PL 105-277 Sec 802....       361
    Drug control--Continued
      Foreign aid
        Restrictions waiver............  PL 104-164 Sec 133....       536
        Waiver of restrictions.........  PL 103-447 Sec 105....       377
      Foreign law enforcement
       organizations
        Foreign aid....................  PL 105-277 Sec 843....       372
      Herbicides
        Environmentally approved.......  PL 105-277 Sec 834....       370
        Master plan for using..........  PL 105-277 Sec 833....       369
      Host country pilots
        Training of....................  PL 101-623 Sec 13.....       384
      Importing narcotic raw material
        Report to Congress.............  PL 101-647 Sec 2501...       387
        U.S. policy on.................  PL 101-647 Sec 2501...       387
      Interdiction
        Computer hardware and software   PL 105-277 Sec 852....       373
         funding.
        Department of Defense            PL 101-510 Sec 1001...      1168
         authorizations.
                                         PL 101-189 Sec 1201...      1212
        Funds availability.............  PL 104-201 Sec 1032...       990
        Immunity for officials engaged   PL 103-337 Sec 1012...      1025
         in.
        National Guard.................  PL 101-189 Sec 1201...      1212
        Over-the-horizon radar.........  PL 101-510 Sec 1002...      1168
      Interdiction and counter-drug
       activities
        Limitation on obligations......  PL 105-85 Sec 1033(e).       954
        Sense of Congress..............  PL 105-277 Sec 853....       374
      Interdiction of vessels and
       vehicles
        Report to Congress.............  PL 99-661 Sec 1373....      1283
      International
        Appropriations authorization...  PL 101-623 Sec 5......       383
      International currency
       transactions
        Information on.................  PL 100-690 Sec 4702...       399
      International narcotics
        Notification requirement.......  PL 104-164 Sec 132....       536
      International terrorism
        Reward for information on......  PL 101-231 Sec 13.....       397
      International training
        Foreign aid authorization......  PL 105-277 Sec 842....       370
      Maritime training center
        Foreign aid authorization......  PL 105-277 Sec 841....       370
      Mexico
        Appropriations authorization...  PL 105-85 Sec 1032....       953
                                         PL 104-201 Sec 1031...       988
        Assistance to..................  PL 101-231 Sec 7......       391
      Military aid, U.S.
        Exemptions for law enforcement   PL 103-447 Sec 104....       376
         agencies.
      Military assistance to foreign     PL 101-231 Sec 3......       391
       governments.
      Money laundering
        Information access.............  PL 100-690 Sec 4702...       399
      Multilateral counter-drug strike
       force
        Creation of....................  PL 101-510 Sec 1010...      1174
      Multilateral strike force........  PL 101-231 Sec 11.....       396
      Narcotics
        Detection technologies.........  PL 105-85 Sec 1034....       957
      Narcotics traffickers
        Halting weapons transfers......  PL 101-231 Sec 12.....       397
      Narcotics traffickers extradition
        Report to Congress.............  PL 106-246 Sec 3203...       220
      National Drug Control Program....  EO 12880..............       406
      National Drug Intelligence Center
        Appropriations.................  PL 103-139 Sec 8056...      1081
      National Narcotics Border
       Interdiction System
        Sense of Congress..............  PL 101-189 Sec 1214...      1216
    Drug control--Continued
      Officials responsible for
        Sense of Congress..............  PL 105-277 Sec 825....       368
      Panama
        Resumption of U.S. assistance..  PL 101-243 Sec 102....       282
        Resumption of U.S. trade.......  PL 101-243 Sec 103....       282
      Peru
        Administration of Justice        PL 101-623 Sec 2......       378
         Program.
        Appropriations authorization...  PL 105-85 Sec 1033....       953
        Assistance to..................  PL 101-623 Sec 2......       378
                                         PL 101-231 Sec 3......       391
      Plan Colombia
        Definition.....................  PL 106-246 Sec 3204(h)       224
        Limitations on assignment of     PL 106-246 Sec 3204(b)       222
         U.S. military personnel.
        Limitations on support for.....  PL 106-246 Sec 3204...       220
        Report to Congress.............  PL 106-246 Sec 3204(e)       223
      President's Drug Policy Council
        Establishment of...............  EO 12992..............       408
      Radar coverage and operation in    PL 105-277 Sec 811....       363
       source and transit countries.
      Riverine counter-drug program
       review
        Report to Congress.............  PL 106-398 Sec 1024...       863
      Riverine Program.................  PL 101-623 Sec 14.....       385
      Secretary of Defense
        Counter-drug plan..............  PL 105-85 Sec 1033(h).       956
      Smuggling into the United States
        General Accounting Office study  PL 100-180 Sec 1241...      1268
      Surveillance flights
        Civil Air Patrol...............  PL 101-510 Sec 1003...      1168
                                         PL 101-189 Sec 1209...      1214
      U.S. military and civilian
       personnel in Colombia
        Report to Congress.............  PL 106-246 Sec 3204(f)       224
      U.S. policy on...................  PL 105-277 Sec 802....       361
      U.S. trade policy
        Coordination of objectives.....  PL 101-231 Sec 9......       396
      United States Southern Command
        Developing forward operating     PL 106-65 Sec 1024....       891
         locations.
      Use of OH-58D helicopter
        Feasibility study..............  PL 101-510 Sec 1008...      1172
      Using U.S. military personnel
        Sense of Congress..............  PL 106-398 Sec 1026...       863
      Western Hemisphere Drug            PL 105-277 Sec 801....       360
       Elimination Act.

                                        E

    E (Kika) De La Garza Agricultural
     Fellowship Program
      Established......................  PL 101-624 Sec 1542(d)      1430
    East Asia-U.S. relations
      U.S. military presence in
        Report to Congress.............  PL 101-189 Sec 915....      1208
    Eastern Europe-U.S. relations
      Advisory Committee for Studies of  PL 98-164 Sec 804.....       155
      Democratic transition
        Foreign aid....................  PL 101-243 Sec 201....       119
      Graduate student scholarships
        Appropriations authorization...  PL 102-138 Sec 227(d).       113
      Information on
        Findings of Congress...........  PL 98-164 Sec 802.....       154
      Research on......................  PL 98-164 Sec 801.....       154
    Economic aid
      (see Foreign aid)
    Economic Cooperation Act of 1948
      Irish counterpart funds..........  PL 83-665 Sec 417.....       483
    Economic Support Fund
      Egypt
        Appropriations authorization,    PL 106-280 Sec 514(b).       454
         FY 2001-2002.
        Supplemental appropriations,     PL 108-11 Ch 5........        13
         2003.
      Israel
        Appropriations authorization,    PL 106-280 Sec 513(b).       453
         FY 2001-2002.
      Jordan...........................  PL 99-88 Sec 402......       314
        Supplemental appropriations,     PL 108-11 Ch 5........        13
         2003.
      Lebanon-U.S. relations
        Foreign aid....................  PL 98-43 Sec 2........       316
    Ecuador-U.S. relations
      Drug control
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
    Education and Cultural Affairs,
     Bureau of
      Appropriations authorization.....  PL 102-138 Sec 221....       110
    Education, Secretary of
      Paul D. Coverdell Building
        Appropriations authorization,    PL 107-21 Sec 3.......      1598
         FY 2002.
    Educational and cultural exchange
      Emerging democracies
        Programs for students..........  PL 102-138 Sec 210(a).       109
      Former Soviet Union
        Appropriations authorization...  PL 102-511 Sec 807....       100
      South Africa.....................  PL 103-149 Sec 7......       200
    Egypt-U.S. relations
      Arms sales
        Loan guaranties................  PL 96-35 Sec 4........       319
      Economic Support Fund
        Appropriations authorization,    PL 106-280 Sec 514(b).       454
         FY 2001-2002.
        Foreign aid restrictions.......  PL 108-11 Ch 5........        13
        Grants or loan guarantees......  PL 108-11 Ch 5........        13
        Supplemental appropriations,     PL 108-11 Ch 5........        13
         2003.
      Foreign Military Financing
       Program
        Appropriations authorization...  PL 106-280 Sec 514(c).       455
      Military aid
        Appropriations authorization,    PL 106-280 Sec 514....       454
         FY 2001-2002.
      Operation Iraqi Freedom
        Foreign aid conditions.........  PL 108-11 Ch 5........        12
      Sinai Field Mission
        Facilities transfer............  PL 96-35 Sec 6........       320
    Eisenhower Exchange Fellowship Act   PL 101-454............       115
     of 1990.
    Eisenhower Exchange Fellowship       PL 101-454 Sec 3......       116
     Program Trust Fund.
      Appropriations authorization.....  PL 101-454 Sec 5......       117
      Audit of.........................  PL 101-454 Sec 4......       117
    Eisenhower Exchange Fellowships,
     Incorporated
      Appropriations authorization
        Report to Congress.............  PL 101-454 Sec 7......       118
      Assistance to U.S. fellows
        Minority participation.........  PL 101-454 Sec 6(d)...       118
    Embargoes
      Against Cuba
        Enforcement of.................  PL 104-114 Sec 102....       235
        Termination of.................  PL 104-114 Sec 204....       251
      Agricultural commodities
        Adverse impact reduction.......  PL 95-501 Sec 412.....      1522
        Compensating producers.........  PL 95-501 Sec 411.....      1521
    Embargoes--Continued
      Trade
        Against Iraq...................  PL 101-513 Sec 586C...        47
                                         PL 101-513 Sec 586C...        47
    Emergency Food Assistance Fund,      PL 98-473 Sec 303.....      1472
     President's.
    Emergency Security Assistance Act    PL 93-199.............       479
     of 1973.
    Emergency Supplemental Act, 2000...  PL 106-246............       216
     Emergency Supplemental              PL 109-13.............       738
     Appropriations Act, 2005.
    Emergency Supplemental Assistance    PL 102-21.............       313
     for Israel Act of 1991.
    Emergency Supplemental Persian Gulf  PL 102-45.............       311
     Refugee Assistance Act of 1991.
    Emergency Wartime Supplemental       PL 108-11.............         6
     Appropriations Act, 2003.
      Appropriations availability......  PL 108-11 Sec 6001....        20
    Emerging democracies
      Agricultural commodities
        Free enterprise................  PL 99-198 Sec 1110(b).      1455
    Emerging market
      Definition of....................  PL 101-624 Sec 1542(f)      1435
    Emigration
      (see Immigration, foreign)
    Energy
      U.S. companies
        In the former Soviet Union.....  PL 102-511 Sec 304....        83
    Energy, Department of
      International cooperative
       stockpile stewardship
        Funding prohibition............  PL 107-314 Sec 4301...       834
      National laboratories
        Access by foreign nationals....  PL 107-314 Sec 4502...       842
        Access moratorium exceptions...  PL 107-314 Sec 4502(e)       843
        Moratorium on restricting        PL 107-314 Sec 4502(b)       842
         access to.
        Moratorium waiver..............  PL 107-314 Sec 4502(c)       843
      Nuclear Cities Initiative
        Expanded and enhanced            PL 107-314 Sec 4304...       838
         activities.
      Nuclear Materials Protection,      PL 107-314 Sec 4303...       837
       Control and Accounting Program.
      Nuclear weapons
        Nonproliferation activities....  PL 102-484 Sec 1503...      1110
      Nuclear weapons facilities
        International inspections        PL 107-314 Sec 4501...       841
         prohibition.
      Sensitive countries list.........  PL 107-314 Sec 4502(g)       844
      Stockpile stewardship
        Funding prohibition............  PL 104-201 Sec 3138...      1001
      Supplemental appropriations        PL 108-136 Sec 1003...       786
       authorization, FY 2003.
      Task Force on Nuclear Materials
        Establishment of...............  PL 108-375 Sec 3132...       775
    Energy, Department of, Facilities    PL 106-65 Sec 3141....       917
     Safeguards, Security, and
     Counterintelligence Enhancement
     Act of 1999.
    Energy, Secretary of
      Initiatives for Proliferation
       Prevention
        Report to Congress.............  PL 107-314 Sec 4302(c)       836
      Nuclear Cities Initiative
        Report to Congress.............  PL 107-314 Sec 4302(b)       836
                                         PL 107-314 Sec 4302(c)       836
      Nuclear test readiness
        Report to Congress.............  PL 104-201 Sec 3158...      1001
      Request for new nuclear weapons
       funding
        Requirements...................  PL 107-314 Sec 4209...       832
      Sensitive countries list.........  PL 107-314 Sec 4502(g)       844
    Energy, Secretary of--Continued
      Silk Road Initiative
        Promotion of...................  PL 108-375 Sec 3133...       778
    Enterprise for the Americas Board
      Appointees to....................  EO 13345 Sec 4........       592
      Government appointees to.........  EO 13345 Sec 4........       592
    Enterprise for the Americas
     Facility
      Debt reduction...................  PL 83-480 Sec 603.....       270
      Eligibility for benefits.........  PL 83-480 Sec 603.....       270
      Eligible activities for            PL 83-480 Sec 612.....       274
       assistance.
      Environmental fund...............  PL 83-480 Sec 607-609.       272
      Establishing.....................  PL 83-480 Sec 601.....       270
                                         PL 83-480 Sec 601.....       270
      President
        Consultation with Congress.....  PL 83-480 Sec 615.....       276
      Qualified debt sale
        Commodity Credit Corporation...  PL 83-480 Sec 616(e)..       277
      Report to Congress...............  PL 83-480 Sec 614.....       275
    Enterprise for the Americas          PL 83-480 Sec 601.....       270
     Initiative.
      Implementation of................  EO 12757..............      1480
                                         EO 13345..............       591
    Enterprise for the Americas          PL 102-532............       267
     Initiative Act of 1992.
    Environment
      Biological diversity
        International cooperation to     PL 100-530............       538
         protect.
      Contaminations at U.S. military
       installations abroad
        Releasing information on.......  PL 106-65 Sec 329.....       882
      Enterprise for the Americas        PL 83-480 Sec 607-609.       272
       Environmental Fund.
      Good Neighbor Environmental Board
        Establishment of...............  PL 102-532 Sec 6......       268
      Restoration at military bases
       abroad
        Cost sharing...................  PL 102-484 Sec 324....      1085
    Environment for the Americas Board
      Establishing.....................  PL 83-480 Sec 610.....       274
    Espionage, foreign
      Activities in the United States
        U.S. policies toward...........  PL 99-661 Sec 1364....      1281
    Estonia-U.S. relations
      Graduate students
        U.S. scholarships..............  PL 102-138 Sec 227....       112
      Humanitarian assistance
        Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
      Nonlethal defense articles
        Eligibility for................  PL 102-511 Sec 906....       102
    Ethiopia-U.S. relations
      Economic sanctions against.......  PL 100-456 Sec 1310...      1243
      Findings of Congress.............  PL 102-274 Sec 2......       202
      Foreign aid
        Brooke-Alexander Amendment       PL 102-274 Sec 7(b)...       209
         waiver.
        Prohibitions on................  PL 102-274 Sec 7......       209
      Peace
        Presidential certification.....  PL 102-274 Sec 8......       209
      Policy on
        Sense of Congress..............  PL 102-274 Sec 3(a)...       203
    Europe-U.S. relations
      Air defense of U.S. military       PL 98-525 Sec 105.....      1306
       bases.
      Foreign critical technology
        Monitoring and assessment        10 USC 2518...........       671
         program.
      Military equipment
        Procured from United States....  PL 102-190 Sec 832....      1136
      NATO
        Sense of Congress..............  PL 102-190 Sec 1041...      1139
      U.S. military forces
        Reducing.......................  PL 93-365 Sec 302.....      1338
    Europe-U.S. relations--Continued
      U.S. national security interests
        Study on costs and benefits....  PL 106-398 Sec 1223...       868
    European Security Act of 1998
      Findings of Congress.............  PL 107-187 Sec 2......       442
    Excess defense articles
      Authorizing transportation funds
        Partnership for Peace countries  PL 104-164 Sec 105....       535
        SEED countries.................  PL 104-164 Sec 105....       535
      To certain countries
        Using fiscal year 2003 funds...  PL 107-228 Sec 1231...       414
      Transfer of
        Drug enforcement activities....  PL 101-510 Sec 1005...      1171
      Transfer to Bolivia, Colombia and
       Peru
        Limitations on.................  PL 101-623 Sec 3(f)...       381
    Export controls
      Licenses denials
        Countries assisting Iraq.......  PL 101-513 Sec 586I...        54
      Missiles and missile technology
        U.S. policy on.................  PL 101-510 Sec 1701...      1183
      Satellites
        Department of Defense national   PL 108-136 Sec 1212...       796
         security control costs.
    Export financing
      Military equipment, U.S.
        Study on.......................  PL 101-189 Sec 825(a).      1199
    Export vessels
      Loan guarantees..................  49 Stat 1985 Sec 1111.       552
        Report to Congress.............  49 Stat 1985 Sec 1111.       552
    Export-Import Bank
      Drug control
        Loan guarantees................  PL 79-173 Sec                404
                                          2(b)(6)(A).
      Loan authority increase
        Report to Congress.............  PL 101-510 Sec 4303...      1193
      Sub-Saharan Africa
        Initiatives in.................  PL 106-200 Sec 124....       177
    Export-Import Bank Act of 1945
      Drug control provisions..........  PL 79-173.............       404
    Exports
      (see also Trade)
      Agricultural commodities
        Compensation and assistance      PL 95-501 Sec 417.....      1525
         programs.
        Credit sales program...........  PL 95-501 Sec 201.....      1504
        Enhancement of.................  PL 95-501 Sec 301.....      1515
        Expansion of...................  PL 95-501 Sec 413.....      1523
        Foreign exchange risks.........  PL 99-198 Sec 1134....      1468
        High-value.....................  PL 95-501 Sec 303.....      1518
        Market promotion program.......  PL 95-501 Sec 203.....      1509
        Program controls...............  PL 95-501 Sec 401-404.      1519
        Program limitations............  PL 95-501 Sec 416.....      1524
        Promotion of...................  PL 95-501 Sec 103.....      1502
        Suspension of..................  PL 95-501 Sec 417.....      1525
        To People's Republic of China..  PL 99-198 Sec 1106....      1454
        U.S. policy....................  PL 99-198 Sec 1121....      1465
        Value-added....................  PL 95-501 Sec 303.....      1518
      Agricultural commodity sales
        Dairy products.................  PL 99-198 Sec 1163....      1470
      Agricultural credits and
       guarantees
        Multilateral disciplines on....  PL 104-127 Sec 282....      1418
      Agricultural exports commodities
        Trade strategy development.....  PL 95-501 Sec 103.....      1502
      Commodity Credit Corporation
       assistance
        Report to Congress.............  PL 95-501 Sec 603.....      1529
    Exports--Continued
      Commodity Credit Corporation
       assistance--Continued
        Report to Congress--Continued
                                         PL 95-501 Sec 603.....      1529
      Control mechanisms
        Report to Congress.............  PL 104-106 Sec 1324(b)      1016
      Controls on
        National security implications.  PL 104-106 Sec 1322...      1012
      Defense
        Loan guarantees................  PL 108-287 Sec 8065...       782
      Foreign market development         PL 95-501 Sec 702.....      1529
       cooperator program.
        Eligible trade organizations...  PL 95-501 Sec 701.....      1529
      Impact on U.S. military
       capability
        Review by Secretary of Defense.  PL 108-136 Sec 1211...       796
      Iraq
        Prohibited items...............  PL 101-513 Sec 586G...        52
      Munitions List license
       applications
        Electronic system..............  PL 107-228 Sec 1403...       434
      Non-defense production
        Financing assistance...........  PL 101-510 Sec 4303...      1193
        Transition to..................  PL 101-510 Sec 4303...      1193
      Satellites
        National security control costs  PL 108-136 Sec 1212...       796
      U.S. goods and services
        To the former Soviet Union.....  PL 102-511 Sec 303(b).        82
      Weapons
        Control capabilities...........  PL 107-228 Sec 1302...       416

                                        F

    Family planning
      (see Population planning)
    Farm Security and Rural Investment   PL 107-171 Sec 1......      1402
     Act of 2002
    Farmer-to-farmer program
      Agricultural operations and
       systems
        Improving......................  PL 83-480 Sec 501.....      1387
    Feed grains surplus
      Overseas donations...............  PL 81-439 Sec 416(b)..      1441
    Floyd D. Spence National Defense     PL 106-398 Sec 1......       855
     Authorization Act for Fiscal Year
     2001.
    Food
      (see also Agricultural commodity
       sales)
      (see also Agriculture)
      Wheat reserve
        Established....................  EO 12266..............      1544
    Food aid
      Africa
        Report to Congress.............  PL 99-8 Sec 6.........       214
      Commodity Credit Corporation
        Free enterprise................  PL 99-198 Sec 1110(l).      1460
      Dairy surplus....................  PL 81-439 Sec 416(b)..      1441
      Developing countries
        Promoting U.S. foreign policy..  PL 83-480 Sec 2.......      1352
        Sense of Congress..............  PL 83-480 Sec 3.......      1353
        Wheat reserve..................  PL 96-494 Title III...      1539
      Distribution of
        Using eligible organizations...  PL 83-480 Sec 202(e)..      1360
      Independent states of the former
       Soviet Union
        Private voluntary organizations  PL 102-511 Sec 703....        99
         assistance.
      Military distribution of
        Conditions on..................  PL 83-480 Sec 403(i)..      1375
    Food aid--Continued
      President's Emergency Food         PL 98-473 Sec 303.....      1472
       Assistance Fund.
        Report to Congress.............  PL 98-473 Sec 304.....      1473
      Special Assistant to the           PL 99-198 Sec 1113....      1464
       President for Agricultural Trade
       and Food Aid.
      Stockpiling and delivery
        Assistance for.................  PL 83-480 Sec 208.....      1367
      Transportation, delivery, and
       distribution
        Grants for.....................  PL 83-480 Sec 208.....      1367
      Wheat, rice, feed grains surplus.  PL 81-439 Sec 416(b)..      1441
    Food Aid Consultative Group
      Agricultural commodity sales.....  PL 83-480 Sec 205.....      1364
    Food and Agriculture Act of 1977...  PL 95-113.............      1476
    Food Assistance Policy Council
      Establishment of.................  EO 12752 Sec 3........      1481
    Food for Development Program
      Established......................  PL 83-480 Sec 301.....      1368
    Food for Progress Act of 1985......  PL 99-198 Sec 1110....      1455
      Implementation of................  EO 12752..............      1480
    Food sales
      (see Agricultural commodity
       sales)
    Food Security Act of 1985..........  PL 99-198.............      1453
    Food Security Wheat Reserve Act of   EO 12266..............      1544
     1980-.
    Food supplies
      International emergency reserves.  PL 81-439 Sec 111.....      1440
    Food, Agriculture, Conservation,     PL 101-624............      1423
     and Trade Act of 1990.
    Food, perishable
      International transport of.......  PL 97-325 Sec 2.......      1557
    Forced labor
      Products made with
        Monitoring imports.............  PL 105-261 Title             947
                                          XXXVII.
        Report to Congress.............  PL 105-261 Title             947
                                          XXXVII.
    Foreign affairs
      Administrator of the USAID
        Recommendations from...........  EO 13345 Sec 3........       592
      Functions
        Assignment of..................  EO 13345..............       591
      Secretary of State
        Functions assigned to..........  EO 13345 Sec 2........       592
      Secretary of the Treasury
        Functions assigned to..........  EO 13345 Sec 1........       591
    Foreign Agricultural Service
      Administrator of.................  PL 95-501 Sec 502.....      1526
      Appropriations, 2006.............  PL 109-97 Title V.....      1449
      Established......................  PL 95-501 Sec 503-506.      1527
    Foreign aid
      (see also Agency for
       International Development)
      (see also Disaster assistance)
      (see also Food aid)
      (see also Humanitarian
       assistance)
      (see also Overseas Private
       Investment Corporation)
      Administration of................  EO 12163..............       554
      Africa: Seeds of Hope Act of 1998  PL 105-385............       183
      Belarus
        Promoting democracy and civil    PL 108-347 Sec 2......        58
         society.
      Commodities
        Coordinating disposition of....  PL 81-439 Sec 416(b)..      1441
      Counterpart funds................  PL 83-665 Sec 417.....       483
      Delegation of functions
        Department of State............  45 FR 11655...........       564
    Foreign aid--Continued
      Destruction of surplus weapons
       stockpiles
        Appropriations authorization,    PL 107-228 Sec 1241...       415
         2003.
      Developing countries
        Microfinance programs..........  PL 106-309 Sec 103....       497
      Development and use of
       cooperatives
        Report to Congress.............  PL 106-309 Sec 401(d).       505
      Emergency Supplemental Assistance  PL 102-21.............       313
       for Israel Act of 1991.
      Environmental activities.........  PL 106-309 Sec 401(c).       504
      Foreign aid program
        Implementation of..............  EO 11223..............       584
      GUUAM countries and Armenia
        Border security authorizations,  PL 106-280 Sec 516....       456
         2001-2002.
      Humanitarian assistance
        Transporting abroad............  PL 106-309 Sec 403....       505
      Hungary
        Private sector development.....  PL 101-179 Sec 201(b).       129
      Iraq
        Democratic transition support..  PL 105-338 Sec 4......        22
        Humanitarian aid...............  PL 105-338 Sec 4(b)...        23
        Post Saddam Hussein regime.....  PL 105-338 Sec 7......        25
        Reimbursement to the Department  PL 105-338 Sec 4(e)...        24
         of Defense.
        Report to Congress.............  PL 105-338 Sec 4(d)...        24
        Restrictions on................  PL 105-338 Sec 4(c)...        23
      Iraq Relief and Reconstruction
       Fund
        Appropriations, 2003...........  PL 108-11 Ch 5........        12
      Latin America
        U.S. policy....................  PL 86-735 Sec 1.......       290
      Lebanon..........................  PL 98-43..............       316
        Certification on troop           PL 107-228 Sec 1224...       414
         deployment.
      Less-developed countries
        Development and use of           PL 106-309 Sec 401(d).       505
         cooperatives.
      Mauritania
        Presidential certification.....  PL 104-319............       189
      Personnel
        (see Peace Corps)
      Poland
        Private sector development.....  PL 101-179 Sec 201(b).       129
      Programs
        Allocation of funds............  EO 12163 Sec 1-800....       562
        Sense of Congress..............  PL 107-171 Sec 3209...      1407
      Promoting good governance........  PL 106-309 Sec 202....       501
      Sub-Saharan Africa
        Additional authorities.........  PL 106-200 Sec 127....       179
        Development Fund for Africa....  PL 106-200 Sec 127(b).       179
        Report to Congress.............  PL 105-385 Sec 301....       188
      Supplemental appropriations, 2003
        Transfers between accounts.....  PL 108-11 Sec 1311....        12
                                         PL 108-11 Sec 1501....        16
      Transfer of funds................  PL 108-11 Sec 1313....        12
        Congressional notification.....  PL 108-11 Sec 1311....        12
        Limitations on.................  PL 108-11 Sec 1311....        12
      Transported humanitarian relief
       supplies
        Report to Congress.............  PL 98-525 Sec 1540(e).      1322
      United States Microfinance Loan
       Facility
        Report to Congress.............  PL 106-309 Sec 107....       498
      Zimbabwe
        Democratic reforms.............  PL 107-99 Sec 5.......       167
    Foreign assistance
      (see Foreign aid)
    Foreign currencies
      (see Currencies, foreign)
    Foreign Currency Fluctuations,
     Peace Corps Account
      Appropriations authorization.....  PL 87-293 Sec 16(g)...      1590
      Established......................  PL 87-293 Sec 16......      1589
    Foreign Defense Critical Technology  10 USC 2517...........       670
     Monitoring and Assessment, Office
     for.
    Foreign gifts and decorations
      (see Gifts, foreign)
    Foreign governments
      (see Governments, foreign)
    Foreign market development
     cooperator program
      Appropriations authorization.....  PL 95-501 Sec 703.....      1517
      Report to Congress...............  PL 95-501 Sec 702(c)..      1530
    Foreign Military Financing Program
      Grants
        Appropriations authorization,    PL 107-228 Sec 1223(a)       413
         2003.
      NATO Participation Act of 1994
        Assistance authorization.......  PL 107-187 Sec 5......       444
    Foreign military sales
      Middle East
        Loan guaranties................  PL 96-35 Sec 4........       319
    Foreign Military Sales Act
      (see Arms Export Control Act)
    Foreign Service
      Allowances.......................  PL 87-293 Sec 15(a)...      1586
      Assignments
        NATO...........................  PL 83-665 Sec 408.....       482
    Foreign Service Reserve Officers...  PL 89-134 Sec 5.......      1569
    Foreign trade
      (see Trade)
    Forest products, U.S.
      International competitiveness
        Enhancing......................  PL 101-624 Sec 1247...      1424
    Forest Stewardship Act of 1990.....  PL 101-624 Sec 1201...      1424
    Former Soviet Union                  PL 102-484 Sec 1401...      1104
     Demilitarization Act of 1992.
    Freedom for Russia and Emerging      PL 102-511............        73
     Eurasian Democracies and Open
     Markets Support Act of 1992.
    FREEDOM Support Act................  PL 102-511............        73
      Delegation of functions..........  EO 12884..............       163
    FRIENDSHIP Act.....................  PL 103-199............        67
    Fugitives
      (see Refugees)

                                        G

    General Accounting Office
      Technology transfers to China
        Study on.......................  PL 107-107 Sec 1223...       854
    General Government Matters           PL 87-125.............       541
     Appropriation Act, 1962.
    George C. Marshall European Center
     for Security Studies
      Use of contributions.............  PL 103-337 Sec 1306...      1033
    George C. Marshall European Center
     for Strategic Security Studies
      Accepting foreign gifts..........  PL 104-201 Sec 1065(a)       994
      Foreign country participation....  PL 104-201 Sec 1065(b)       995
    Gerald B.H. Solomon Freedom          PL 107-187............       442
     Consolidation Act of 2002.
    Germany-U.S. relations
      Air defense of U.S. military       PL 98-525 Sec 105.....      1306
       bases.
      Patriot missile system...........  PL 98-525 Sec 105.....      1306
    Gifts, foreign
      Property, services, and supplies
        Report to Congress.............  10 USC 2608(e)........       683
    Global AIDS and Tuberculosis Relief  PL 106-264............       507
     Act of 2000.
    Global AIDS Research and Relief Act  PL 106-264 Sec 101....       507
     of 2000.
      Definitions......................  PL 106-264 Sec 102....       507
    Global Alliance for Vaccines and     PL 106-264 Sec 112....       511
     Immunizations and International
     Aids Vaccine.
    Global Disaster Information Network
      Interagency Coordinating           EO 13151 Sec 2-4......       589
       Committee.
      Policy...........................  EO 13151 Sec 1........       588
    Global Environmental Center
      Activities.......................  PL 106-309 Sec 402....       505
    Global Partnership against the       PL 108-375 Sec 1213...       769
     Spread of Nuclear Weapons and
     Materials of Mass Destruction.
    Global strike capability
      Integrated plan for
        Established by Secretary of      PL 108-136 Sec 1032...       790
         Defense.
    Glomar Java Sea
      Ascertaining fate of survivors...  PL 98-525 Sec 1541....      1323
    Good Neighbor Environmental Board
      Establishment of.................  PL 102-532 Sec 6......       268
      Projects
        Report to Congress.............  PL 102-532 Sec 6(d)...       269
    Governments, foreign
      Contributions of property,
       services, and supplies
        Report to Congress.............  10 USC 2608(e)........       683
      Defense Department contract
       proposals
        Significant interest disclosure  10 USC 2327(a)........       638
      Humanitarian assistance..........  PL 98-525 Sec 1540....      1322
      Legal actions against U.S.
       persons
        Remedies in response to........  PL 108-136 Sec 1232...       799
      Military training
        Inter-American Air Forces        10 USC 9415...........       690
         Academy.
      Personnel
        Peace Corps contribution.......  PL 87-293 Sec 14......      1585
      Providing nuclear test monitoring
       equipment
        Report to Congress.............  10 USC 2565(c)........       681
        Transfer authority.............  10 USC 2565...........       680
      U.S. security arrangements with
        Report to Congress.............  PL 101-510 Sec 1456...      1179
    Greece-U.S. relations
      Cyprus conflict..................  PL 94-104 Sec 2.......       477
    GUUAM countries and Armenia
      Border security
        Appropriations authorization,    PL 106-280 Sec 516....       456
         FY 2001-2002.

                                        H

    Haiti-U.S. relations
      U.S. military in
        Limitation on, FY 2000.........  PL 106-65 Sec 1232....       911
    Health care
      Peace Corps volunteers...........  PL 87-293 Sec 5(e)....      1570
      Swine influenza
        Control of.....................  PL 94-302 Title III...       539
    Higgins, William R.
      Murder of
        Sense of Congress..............  PL 101-189 Sec 1638(b)      1219
    Higher Education Amendments of 1986
      Peace Corps provisions...........  PL 99-498.............      1610
    HIV/AIDS
      Foreign aid
        Additional assistance            PL 106-264 Sec 111....       510
         authorities.
      Sub-Saharan Africa
        Access to drugs and medical      EO 13155..............       519
         technologies.
        Effect on workforce............  PL 106-200 Sec 105(e).       172
        Findings of Congress...........  PL 106-200 Sec 129....       181
      Worldwide
        Findings of Congress...........  PL 106-264 Sec 103....       508
        U.S. policy....................  PL 106-264 Sec 103....       508
    HIV/AIDS Response Fund
      Establishment of
        Sub-Saharan Africa.............  PL 106-200 Sec 128....       180
    Hong Kong
      Former Governor of
        Findings and sense of Congress.  PL 105-85 Sec 1232....       983
    Horn of Africa Recovery and Food     PL 102-274............       202
     Security Act.
    Hospital, American Children's
      Zablocki Outpatient Facility.....  PL 98-266.............       153
    Human rights
      Iraq
        Violation of United Nations      PL 102-190 Sec 1096...      1152
         Security Council Resolution
         688.
        Violations in Kuwait...........  PL 101-513 Sec 586A(7)        47
        Violations of..................  PL 101-513 Sec                50
                                          586F(a)(4).
                                         PL 101-513 Sec 586F(b)        51
      Poland
        Violation of...................  PL 100-456 Sec 1305...      1241
      Respect for
        Arms sales conditions..........  PL 106-113 Sec               474
                                          1262(b)(2).
      Violations
        Agricultural commodity sales...  PL 83-480 Sec 403(j)..      1376
      Violations by foreign security
       forces
        U.S. training prohibition......  PL 109-148 Sec 8069...       730
      Violations of by Iraq
        U.N. response..................  PL 105-338 Sec 6......        25
    Human Rights, Refugee, and Other     PL 104-319............       189
     Foreign Relations Provisions Act
     of 1996.
    Humanitarian assistance
      Afghan refugees..................  PL 101-510 Sec 303....      1161
                                         PL 101-189 Sec 304....      1196
                                         PL 100-456 Sec 303....      1229
                                         PL 99-145 Sec 305.....      1289
        Extension of authorization.....  PL 99-661 Sec 331.....      1279
      Appropriations authorization, FY   PL 106-65 Sec 301(19).       882
       2000.
      Appropriations, FY 1993..........  PL 102-396 Title II...      1132
      Center for Excellence in Disaster  10 USC 182............       607
       Management.
      Central America
        Private voluntary and            PL 101-215 Sec 1......       284
         international organizations.
      Department of Defense............  PL 103-160 Sec 1504...      1072
        Appropriations authorization...  PL 104-201 Sec 301....       988
        Appropriations authorization,    PL 102-190 Sec              1134
         FY 1992.                         301(a)(17).
        Appropriations authorization,    PL 102-484 Sec 301(17)      1084
         FY 1993.
                                         PL 102-190 Sec              1134
                                          301(c)(16).
        Appropriations authorization,    PL 104-106 Sec              1007
         FY 1996.                         301(a)(19).
        Appropriations authorization,    PL 105-85 Sec 301.....       950
         FY 1998.
        Appropriations authorization,    PL 107-107 Sec               848
         FY 2002.                         301(a)(19).
    Humanitarian assistance--Continued
      Department of Defense--Continued
        Appropriations authorization,    PL 108-136 Sec 301(18)       785
         FY 2004.
        Appropriations authorization,    PL 108-375 Sec 301(18)       747
         FY 2005.
        Appropriations, FY 2006........  PL 109-148 Sec 8009...       728
      Department of Defense overseas
       programs
        Appropriations reductions......  PL 104-106 Sec 1008...      1009
        Report to Congress.............  PL 104-106 Sec 1311...      1011
      Department of Defense programs
        Appropriations, 2006...........  PL 109-148 Title II...       727
      Department of Defense providing..  10 USC 401............       618
      Estonia
        Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
      Extension of authorization.......  PL 100-180 Sec 331....      1260
      Iraq
        Exemptions under United Nations  PL 101-513 Sec 586C(b)        48
         Security Council resolutions.
      Iraqi refugees...................  PL 102-45.............       311
      Land mine clearing
        Appropriations authorization...  PL 103-160 Sec 306....      1052
      Latvia
        Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
      Lithuania
        Sense of Congress..............  PL 101-510 Sec 1459...      1181
      Nicaragua
        Child victims..................  PL 100-276 Sec 8......       288
        Private voluntary and            PL 100-276 Sec 8......       288
         international organizations.
      Non-Communist resistance forces
        Thailand and Cambodia..........  PL 100-456 Sec 303....      1229
      Overseas Humanitarian, Disaster,
       and Civic Aid programs
        Limitation on..................  PL 103-337 Sec 1411...      1049
      Secretary of Defense
        Report to Congress.............  10 USC 2561(c)........       678
        Transfer of funds..............  10 USC 2561...........       678
        Transportation provided........  10 USC 2561(a)........       678
      Soviet Union.....................  PL 102-228 Sec 301....       106
      Supplemental appropriations        PL 103-160 Sec 1113...      1054
       authorization, FY 1993.
      Thai-Cambodian resistance forces.  PL 102-190 Sec 304....      1135
                                         PL 102-190 Sec 304....      1135
                                         PL 101-510 Sec 303....      1161
                                         PL 101-189 Sec 304....      1196
      Training foreign civilian and
       military personnel
        Payment for....................  PL 107-248 Sec 8093...       845
      Transport of supplies by           10 USC 402............       622
       Department of Defense.
        Report to Congress.............  PL 98-525 Sec 1540....      1322
      Transportation relief
        Afghanistan invasion by Soviet   PL 102-190 Sec 304....      1135
         Union.
      Unauthorized countries
        Report to Congress.............  10 USC 2561(d)........       678
      Using excess non-lethal supplies.  10 USC 2557...........       677
    Hungarian-American Enterprise Fund
      Annual report....................  PL 101-179 Sec 201(p).       133
      Appropriations authorization.....  PL 101-179 Sec 201(b).       129
      Recordkeeping requirements.......  PL 101-179 Sec 201(o).       132
      USAID grants.....................  PL 101-179 Sec 201(e).       130
    Hungary-U.S. relations
      Central European Small Business    67 Stat 232...........       160
       Enterprise Development
       Commission.
    Hungary-U.S. relations--Continued
      Credit unions
        U.S. policy on.................  PL 101-179 Sec 206....       136
      Environment
        Report to Congress.............  PL 101-179 Sec 703....       145
      Labor market reforms
        Assistance in..................  PL 101-179 Sec 202....       133
      Private sector development
        Assistance in..................  PL 101-179 Sec 203....       134
        Foreign aid....................  PL 101-179 Sec 201(b).       129
      Small business
        Management and technical         67 Stat 232...........       160
         assistance.
      Support for East European
       Democracy (SEED)
        Democratic institutions support  PL 101-179 Sec 501....       141
        Environmental programs.........  PL 101-179 Sec 502....       141
        Multilateral support for.......  PL 101-179 Sec 101....       125
    Hunger
      Congressional Hunger Fellows
       Program
        Established....................  PL 107-171 Sec 4404(b)      1411
      Congressional Hunger Fellows
       Trust Fund
        Established....................  PL 107-171 Sec 4404(e)      1414
      In the United States
        Addressing needs...............  PL 107-171 Sec 4404(d)      1412
      International
        Addressing needs...............  PL 107-171 Sec 4404(d)      1412
    Hunger prevention
      (see Food aid)

                                        I

    Immigration and Naturalization
     Service
      U.S. military assistance
        Plan preparation...............  PL 106-65 Sec 1027....       892
    Immigration, foreign
      Latin America
        Ryukyuan migrants..............  PL 86-735 Sec 4.......       292
    Immigration, U.S.
      Iraqi armed forces members
        Admission to United States.....  PL 103-160 Sec 1164...      1055
    Imports
      Educational and cultural
       materials
        (see Educational and cultural
         exchange)
      Forced labor products made with
        Destined for the U.S. market...  PL 105-261 Title             947
                                          XXXVII.
    Independent States Business and
     Agriculture Advisory Council
      Establishment of.................  PL 102-511 Sec 302....        82
    India-Pakistan Relief Act of 1998..  PL 105-277 Title IX...       350
    India-U.S. relations
      Drug control
        Imports of narcotics raw         PL 101-647 Sec 2501...       387
         material.
      Sanctions
        Waiver of......................  PL 106-79 Sec 9001....       348
    Indochina War
      POWs/MIAs
        Disclosing information on......  PL 102-190 Sec 1082...      1149
    Indonesia-U.S. relations
      International military education
       and training
        Aid restrictions...............  PL 104-164 Sec 111....       536
    Information
      International cooperative
       information exchange
        Findings of Congress...........  PL 105-261 Sec 3160...       945
    Initiatives for Proliferation
     Prevention
      Funding authorization............  PL 105-261 Sec 3133(a)       944
    Initiatives for Proliferation
     Prevention program
      Achieving commercial objectives
        Evaluation.....................  PL 107-314 Sec               835
                                          4302(a)(5).
    Intellectual property rights
      Inadequate protection of
        Consideration with respect to    PL 101-189 Sec 852....      1199
         procurement.
      Intelligence, foreign
      Integration of
        Funding availability...........  PL 109-148 Sec 8104...       731
    Inter-American Air Forces Academy
      Operation of.....................  10 USC 9415...........       690
    International Anti-Corruption and    PL 106-309 Sec 201....       501
     Good Governance Act of 2000.
      Findings of Congress.............  PL 106-309 Sec 202....       501
    International Arms Sales Code of     PL 106-113 Sec 1261...       473
     Conduct Act of 1999.
                                         PL 106-113 Subtitle F.       473
    International Atomic Energy Agency
     (IAEA)
      Nuclear and radiological security
        Dialogue with the OECD.........  PL 108-136 Sec 3631...       806
    International Atomic Energy Agency-
     U.S. relations
      Assistance to Iran
        Report to Congress.............  PL 107-228 Sec 1344...       433
      Budget assessment increase.......  PL 107-228 Sec 1305...       417
      Country specific programs
        Report to Congress.............  PL 107-228 Sec 1344...       433
      Findings of Congress.............  PL 107-228 Sec 1305...       417
      Programs and projects review
        Report to Congress.............  PL 107-228 Sec 1343...       432
      Voluntary contributions..........  PL 107-228 Sec 1305...       417
    International Carriage of            PL 97-325.............      1557
     Perishable Foodstuffs Act.
    International cooperation
      Undersea rescue and recovery
        Sense of Congress..............  PL 106-398 Sec 1237(c)       873
    International Cooperation to         PL 100-530............       538
     Protect Biological Diversity.
    International cooperative stockpile
     stewardship
      Associated activities
        Funding prohibition............  PL 107-314 Sec 4301...       834
    International Cotton Advisory
     Committee
      U.S. participation...............  PL 104-127 Sec 283....      1419
    International Development            44 FR 57521...........       576
     Cooperation Agency Delegation of
     Authority No. 1.
    International Disaster Assistance
      Supplemental appropriations, 2003  PL 108-11 Ch 5........        12
    International Emergency Economic
     Powers Act (IEEPA)
      Chinese military companies
        Application to.................  PL 105-261 Sec 1237...       943
    International financial
     institutions
      South Africa
        Democratic transition support..  PL 103-149 Sec 9......       200
    International Forest Products Trade
     Institute
      Establishing.....................  PL 101-624 Sec 1247...      1424
    International law
      Iraq
        Violation of...................  PL 101-513 Sec 586F...        50
    International Malaria Control Act    PL 106-570 Sec 101....       489
     of 2000.
    International military education
     and training
      Appropriations authorization, FY   PL 106-280 Sec 201....       449
       2001.
    International Monetary Fund
      Practices consistent with U.S.
       policies
        Report to Congress.............  PL 106-113 Sec 504(e).       526
    International Narcotics Control Act  PL 99-570 Sec 2001....       402
     of 1986.
    International Narcotics Control Act  PL 100-690 Title IV...       399
     of 1988.
    International Narcotics Control Act  PL 101-231 Sec 1......       389
     of 1989.
    International Narcotics Control Act  PL 101-623 Sec 1......       378
     of 1990.
    International Narcotics Control      PL 103-447............       376
     Corrections Act of 1994.
    International organizations
      (see also respective
       institutions)
      Personnel
        Peace Corps contribution.......  PL 87-293 Sec 14......      1585
    International peacekeeping
     activities
      U.S. support for.................  PL 103-160 Sec 1501...      1069
                                         PL 102-484 Sec 1342...      1099
    International Tuberculosis Control   PL 106-264 Sec 201....       516
     Act of 2000.
    Iran Nuclear Proliferation           PL 107-228 Sec 1341...       432
     Prevention Act of 2002.
    Iran-Iraq Arms Non-Proliferation     PL 102-484 Sec 1601...        26
     Act of 1992.
      Definitions......................  PL 102-484 Sec 1608...        30
    Iran-U.S. relations
      Arms control
        Policy toward..................  PL 102-484 Sec 1602...        27
      International Atomic Energy
       Agency assistance
        Report to Congress.............  PL 107-228 Sec 1344...       433
      Iraq Sanctions Act of 1990
        Applicability..................  PL 102-484 Sec 1603...        27
    Iraq Freedom Fund
      Appropriations, 2006
        Additional.....................  PL 109-148 Title IX...       733
      Emergency appropriations
       Appropriation authorization, FY   PL 109-163 Sec 1511...       723
       2006.
        Authorization for..............  PL 108-375 Sec 1507...       774
      Supplemental appropriations, 2003  PL 108-11 Title I.....         6
        Pakistan reimbursement.........  PL 108-11 Sec 1310....        11
      Transfer of funds to.............  PL 108-11 Sec 1313....        12
    Iraq Liberation Act of 1998........  PL 105-338............        21
      Drawdown support
        Supplemental appropriations,     PL 108-11 Sec 1309....        10
         2003.
      Findings of Congress.............  PL 105-338 Sec 2......        21
    Iraq Relief and Reconstruction Fund
      Appropriations, 2003.............  PL 108-11 Ch 5........        12
      Congressional notification.......  PL 108-11 Ch 5........        12
    Iraq Sanctions Act of 1990.........  PL 101-513 Sec 586-           46
                                          586J.
      Iran
        Applicability..................  PL 102-484 Sec 1603...        27
    Iraq Sanctions Act of 1992
      Provisions of
        Suspension by President........  PL 108-11 Sec 1503....        17
    Iraq-U.S. relations
      Actions with respect to
        Multilateral cooperation.......  PL 101-513 Sec 586F(d)        51
      Arms control
        Policy toward..................  PL 102-484 Sec 1602...        27
       Civilian casualties
         Report to Congress............  PL 109-163 Sec 1223...       707
    Iraq-U.S. relations--Continued
      Coalition forces
        Funding availability...........  PL 109-148 Sec 9009...       735
      Coalition Provisional Authority
        Inspector General..............  PL 108-375 Sec 1203...       763
      Commanders' Emergency Response
       Program
        Appropriations authorization...  PL 108-375 Sec 1201...       761
         Appropriations authorization,   PL 109-163 Sec 1202...       698
         FY 2006.
        Appropriations, 2006...........  PL 109-148 Sec 9007...       734
       Defense articles and services
         transfer to Iraqi security      PL 109-163 Sec 1209...       703
         forces.
      Democracy in
        Foreign aid....................  PL 105-338 Sec 4......        22
      Democratic opposition
       organizations
        Designation of.................  PL 105-338 Sec 5......        24
      Department of Defense security
       and reconstruction activities
        Report to Congress.............  PL 108-136 Sec 1203...       794
      Findings of Congress.............  PL 105-338 Sec 2......        21
      Foreign aid
        Funds subject to reprogramming   PL 108-11 Sec 1502....        17
         procedures.
      Increased operating costs
        Emergency appropriations         PL 108-375 Sec 1501...       773
         authorization.
      Injured Iraqi children
        Medical assistance for.........  PL 108-136 Sec 1201...       792
      International financial
       assistance
        U.S. opposition to.............  PL 101-513 Sec 586G(5)        52
      Invasion of Kuwait
        Declarations...................  PL 101-513 Sec 586A...        47
        Trade embargo..................  PL 101-513 Sec 586C...        47
      Iraq Relief and Reconstruction
       Fund
        Appropriations, 2003...........  PL 108-11 Ch 5........        12
      Iraqi security forces
        Report to Congress.............  PL 108-375 Sec 1204(c)       764
      Military aid
        Nonlethal military equipment...  PL 108-11 Sec 1504....        18
      Military and security forces
        Assistance authorization.......  PL 108-375 Sec 1202...       762
                                         PL 109-163 Sec 1202...       698
      Military operations
        Supplemental appropriations,     PL 108-11 Title I.....         6
         2003.
      Natural Resources Risk
       Remediation Fund
        Supplemental appropriations,     PL 108-11 Title I.....         8
         2003.
      New Iraqi Army
        Training and equipment funding.  PL 109-148 Sec 9006...       734
                                         PL 109-13 Title I.....       740
      Persons detained by United States
        Abuse prevention...............  PL 108-375 Sec 1092...       758
        Policies on....................  PL 108-375 Sec 1091(b)       758
        Sense of Congress..............  PL 108-375 Sec 1091...       757
      Post-conflict strategy
        Report to Congress.............  PL 108-11 Sec 1506....        18
      Post-major combat operations
        Report to Congress.............  PL 108-375 Sec 1042...       754
      Rebuilding with U.S. funds
        Sense of Congress..............  PL 102-25 Sec 607.....        44
      Reconstruction
        Participation of women.........  PL 108-136 Sec 1205...       796
        Small business participation...  PL 108-136 Sec 1205...       796
      Saddam Hussein regime
        Replacement of.................  PL 105-338 Sec 7......        25
    Iraq-U.S. relations--Continued
      Stabilization strategy
        Report to Congress.............  PL 108-375 Sec 1204...       763
      Terrorism
        Support for acts of............  PL 101-513 Sec 586F(c)        51
      U.S. policy on...................  PL 105-338 Sec 3......        22
                                         PL 109-163 Sec 1227...       710
      United Nations Oil-for-Food
       Program
        U.S. access to documents.......  PL 108-375 Sec 1207...       767
      Violation of United Nations
       Security Council Resolution 687
        Sense of Congress..............  PL 102-190 Sec 1095...      1152
      Violation of United Nations
       Security Council Resolution 688
        Sense of Congress..............  PL 102-190 Sec 1096...      1152
      War crimes tribunal..............  PL 105-338 Sec 6......        25
       War strategy
         Report to Congress............  PL 109-163 Sec 1222...       706
      Weapons
        Support for inspections and      PL 107-314 Sec 1204...       814
         monitoring.
      Weapons activity
        U.N. inspection and monitoring.  PL 106-398 Sec 1201...       864
      Weapons of mass destruction
        Report to Congress.............  PL 108-136 Sec 1204...       795
    Ireland-U.S. relations
      Agriculture
        Exchanging information.........  PL 99-198 Sec 1420....      1471
      Counterpart funds................  PL 83-665 Sec 417.....       483
      Promoting reconciliation.........  PL 99-415.............       355
    Israel-U.S. relations
      Arab boycott
        Department of Defense contracts  10 USC 2410i..........       667
        Department of Defense contracts  PL 102-190 Sec 1075...      1148
         policies.
      Arms sales
        Loan guaranties................  PL 96-35 Sec 4........       319
      Defense articles
        Transfers......................  PL 106-280 Sec 112....       448
      Defense cooperation
        Sense of Congress..............  PL 103-337 Sec 1321...      1039
      Defense industrial cooperation...  PL 102-484 Sec 205....      1084
      Economic Support Fund
        Appropriations authorization,    PL 106-280 Sec 513(b).       453
         FY 2001-2002.
        Loan guarantees................  PL 108-11 Ch 5........        14
        Supplemental appropriations,     PL 108-11 Ch 5........        14
         2003.
      Foreign Military Financing
       Program
        Appropriations authorization...  PL 106-280 Sec 513(c).       453
      Loan guarantees
        Report to Congress.............  PL 108-11 Ch 5........        14
      Military aid.....................  PL 93-199.............       479
                                         PL 91-441 Sec 501.....      1341
        Appropriations authorization,    PL 106-280 Sec 513....       452
         FY 2001-2002.
      Naval port facilities
        Sense of Congress..............  PL 104-106 Sec 1336...      1017
      Navy port calls
        Sense of Congress..............  PL 108-136 Sec 1234...       801
      Persian Gulf conflict
        Supplemental appropriations      PL 102-21.............       313
         authorization.
      Satellite imagery
        Prohibition on collection and    PL 104-201 Sec 1064...       994
         release.
    Italy-U.S. relations
      Air defense of U.S. military       PL 98-525 Sec 105.....      1306
       bases.
    Italy-U.S. relations--Continued
      Cooperative agreements
        Air defense....................  PL 102-190 Sec 1050...      1144

                                        J

    Japan-U.S. relations
      Burden sharing
        Sense of Congress..............  PL 101-510 Sec 1455...      1178
      Ceiling on U.S. Armed Forces in..  PL 101-510 Sec 1455...      1178
      Contributions to common defense..  PL 98-94 Sec 1102.....      1325
      Department of Defense technology
       office
        Establishing...................  PL 101-510 Sec 248....      1161
      Global security
        Expanded Japanese role.........  PL 101-189 Sec 913....      1206
                                         PL 100-456 Sec 1009...      1235
                                         PL 100-180 Sec 1012...      1264
      Japanese agricultural markets      PL 100-418 Sec 4608...      1498
       access.
      Japanese trade with Vietnam
        Sense of Congress..............  PL 100-180 Sec 1404...      1273
      Language training
        Grants program established.....  10 USC 2198...........       634
      Personal vehicles of U.S.          PL 98-525 Sec 653.....      1312
       military personnel.
      Security relationship
        Report to Congress.............  PL 103-337 Sec 1325...      1044
      Semiconductor trade agreement
        Sense of Congress..............  PL 104-201 Sec 1081...       995
      Technological research and
       development
        Cooperation....................  PL 102-190 Sec 255....      1134
                                         PL 101-510 Sec 1454...      1176
      U.S. Armed Forces in
        Contributions in support of....  PL 101-510 Sec 1455...      1178
      U.S. defense expenditures in
        Report to Congress.............  PL 101-189 Sec 913....      1206
                                         PL 100-456 Sec 1009(b)      1236
                                         PL 100-180 Sec 1011...      1263
    John Ogonowski and Doug Bereuter     PL 83-480 Sec 501.....      1387
     Farmer-to-Farmer Program.
      Appropriations authorization.....  PL 83-480 Sec 501(e)..      1390
      Establishing.....................  PL 83-480 Sec 501(b)..      1388
    Johnson Act
      Independent states of the former
       Soviet Union
        Exemption from.................  PL 102-511 Sec 902....       102
    Joint Chiefs of Staff
      Military roles and missions
        Report to Secretary of Defense.  PL 102-484 Sec 901....      1086
    Joint Commission on Rural
     Reconstruction in China
      U.S. membership in...............  PL 83-665 Sec 536.....       486
    Jordan Supplemental Economic         PL 99-88 Sec 401......       314
     Assistance Authorization Act of
     1985.
    Jordan-U.S. relations
      Arms sales
        Joint resolution on............  PL 99-162.............       476
      Economic Support Fund
        Supplemental appropriations,     PL 108-11 Ch 5........        13
         2003.
      Foreign aid......................  PL 99-88 Sec 402......       314
        Presidential certification.....  PL 99-88 Sec 403(b)...       315
      Logistical support in Iraq
        Reimbursement for..............  PL 108-11 Sec 1310....        11
    Jordan-U.S. relations--Continued
      Logistical support in Iraq--
       Continued
        Reimbursement for--Continued
                                         PL 109-13 Title I.....       738

                                        K

    Korea, North-U.S. relations
      Department of Defense
       appropriations
        Assistance restrictions........  PL 109-148 Sec 8047...       729
      Nuclear weapons development
        Sense of Congress..............  PL 103-337 Sec 1324...      1042
    Korea, Republic of-U.S. relations
      Korean beef market access........  PL 100-418 Sec 4607...      1497
      Korean military readiness........  PL 103-337 Sec 1322...      1040
      National security
        Expanded Korean role...........  PL 101-189 Sec 915....      1208
      Peninsula security situation
        Report to Congress.............  PL 106-65 Sec 1233....       911
      U.S. military presence in
        Findings of Congress...........  PL 102-190 Sec 1044...      1142
    Korean Airlines (KAL) Flight 7
      Former Soviet Union-U.S. trade     PL 103-199 Sec 201....        70
       relations.
    Kosovo-U.S. relations
      Peacekeeping
        Support from European nations..  PL 106-398 Sec 1213...       866
      Peacekeeping operations, FY 2001
        Funding limitation.............  PL 106-398 Sec 1005...       859
      Peacekeeping operations, FY 2002
        Funding limitation.............  PL 107-107 Sec 1005...       849
      Withdrawal of U.S. military
        NATO benchmarks for............  PL 106-398 Sec 1212...       865
    Kuwait-U.S. relations
      Burden sharing contributions
        Anticipation of................  PL 109-148Sec 8024....       729
      Rebuilding
        Sense of Congress..............  PL 102-25 Sec 606.....        42

                                        L

     Labelle Discotheque bombing
       Report to Congress..............  PL 109-163 Sec 1225...       709
    Land mines
      Alternatives to
        Appropriations authorization,    PL 105-261 Sec 248....       920
         FY 1999.
    Language proficiency
      Foreign service officers.........  PL 101-624 Sec 1556...      1438
    Language training
      Arabic
        Program expansion..............  PL 107-107 Sec 306....       848
      Japanese
        Grants program established.....  10 USC 2198...........       634
      Peace Corps......................  PL 87-293 Sec 24......      1592
    Latin America
      (see also Organization of
       American States)
      Enterprise for the Americas
       Facility
        Establishing...................  PL 83-480 Sec 602.....       270
      Environment for the Americas
       Board
        Establishing...................  PL 83-480 Sec 610.....       274
    Latin America-U.S. relations
      Al Qaeda and associated groups
        Report to Congress.............  PL 108-375 Sec 1047...       757
    Latin America-U.S. relations--
     Continued
      Enterprise for the Americas
       Initiative
        Implementation of..............  EO 12757..............      1480
      Foreign aid......................  PL 86-735 Sec 1.......       290
      Free trade zone
        Effect on United States........  PL 102-532 Sec 5......       268
      Ryukyuan Archipelago
        Immigration from...............  PL 86-735 Sec 4.......       292
      Tropical Forest Conservation Act
       of 1988
        Implementation of..............  EO 12757..............      1480
    Latin American Development Act.....  PL 86-735.............       290
    Latvia-U.S. relations
      Graduate students
        U.S. scholarships..............  PL 102-138 Sec 227....       112
      Humanitarian assistance
        Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
      Nonlethal defense articles
        Eligibility for................  PL 102-511 Sec 906....       102
    Law enforcement officials, U.S.
      Assistance from Department of      10 USC 380............       616
       Defense.
    Least developed countries
      Agricultural commodity sales
        Bilateral grants...............  PL 83-480 Sec 302.....      1368
        Eligibility....................  PL 83-480 Sec 302.....      1368
        Grant programs.................  PL 83-480 Sec 303.....      1369
    Lebanon Emergency Assistance Act of  PL 98-43..............       316
     1983.
    Lebanon-U.S. relations
      Armed forces
        Deployment to Lebanon-Israeli    PL 107-228 Sec 1224...       414
         border.
      Economic Support Fund
        Foreign aid....................  PL 98-43 Sec 2........       316
      Foreign aid
        Presidential certification on    PL 107-228 Sec 1224...       414
         deployment of armed forces.
      Military aid.....................  PL 98-43 Sec 3........       317
      U.S. Armed Forces in.............  PL 98-43 Sec 4........       317
    Lending institutions
      (see Multilateral development
       banks)
    Less-developed countries
      (see also Africa-U.S. relations)
      (see also Africa, Horn of-U.S.
       relations)
      (see also Africa, sub-Saharan-
       U.S. relations)
      (see also Latin America-U.S.
       relations)
      Agricultural commodity imports
        (see Agricultural commodity
         sales)
      Malaria
        Findings of Congress...........  PL 106-570 Sec 102....       489
    Liberia-U.S. relations
      Peace process
        Sense of Congress..............  PL 102-270............       211
    Libya-U.S. relations
      Sanctions
        Continuation of................  PL 106-65 Sec 1234....       912
    Lithuania-U.S. relations
      Graduate students
        U.S. scholarships..............  PL 102-138 Sec 227....       112
      Humanitarian assistance
        Sense of Congress..............  PL 101-510 Sec 1459...      1181
      Nonlethal defense articles
        Eligibility for................  PL 102-511 Sec 906....       102
    Loan guarantees
      Israel
        Economic Support Fund..........  PL 108-11 Ch 5........        15
    Loyalty
      Oath of allegiance
        Peace Corps volunteers.........  PL 87-293 Sec 5(j)....      1572
    Loyalty--Continued
      Peace Corps......................  PL 87-293 Sec 5(j)....      1572
      Security investigations..........  PL 87-293 Sec 5(j)....      1572

                                        M

    Maintaining United States Nuclear
     Weapons Expertise, Commission on
      Authority modification...........  PL 105-85 Sec 3163....       985
      Established......................  PL 104-201 Sec 3162...      1001
    Malaria
      Eradication assistance
        Appropriations authorization...  PL 106-570 Sec 103....       490
      Foreign countries
        Eradication assistance.........  PL 106-570 Sec 103....       490
        Findings of Congress...........  PL 106-570 Sec 102....       489
      United States
        Findings of Congress...........  PL 106-570 Sec 102....       489
    Malta-U.S. relations
      Static cargo x-ray facility......  PL 106-280 Sec 304....       450
    Management and Budget, Office of
      Foreign aid program                EO 12163 Sec 1-503....       559
       administration.
        Reserved functions.............  EO 12163 Sec 1-703....       561
    Mauritania-U.S. relations
      Foreign aid
        Presidential certification.....  PL 104-319............       189
    McGovern-Dole International Food
     for Education and Child Nutrition
     Program
      Established......................  PL 107-171 Sec 3107...      1402
      Grants
        Appropriations, 2006...........  PL 109-97 Title V.....      1449
    Memoranda of understanding and
     related agreements
      Secretary of Defense.............  10 USC 2531...........       672
    Merchant Marine Act of 1936, as      49 Stat 1985..........       543
     amended.
    Merchant marine, U.S.
      Transporting agricultural          PL 99-198 Sec 1141....      1469
       commodity exports.
    Mexico-U.S. relations
      Agricultural research and          PL 95-113 Sec 1459....      1548
       development program.
      Agriculture
        Center for North American        PL 102-532 Sec 4......       267
         Studies.
      Drug control
        Appropriations authorization...  PL 105-85 Sec 1032....       953
                                         PL 104-201 Sec 1031...       988
        Assistance limitation..........  PL 101-231 Sec 7......       391
      Elections
        Findings and sense of Congress.  PL 105-85 Sec 1230....       981
      Environmental projects
        Good Neighbor Environmental      PL 102-532 Sec 6......       268
         Board.
      Microenterprise assistance
        Findings and sense of Congress.  PL 106-309 Sec 110....       500
    MIAs
      (see also Indochina War)
      Families of
        Support center.................  PL 102-190 Sec 1083...      1151
      Indochina
        Accounting of..................  PL 98-525 Sec 1525....      1321
      Information on
        Public availability of.........  PL 102-190 Sec 1082...      1149
    Microenterprise assistance
      Mexico
        Findings and sense of Congress.  PL 106-309 Sec 110....       500
    Microenterprise for Self-Reliance    PL 106-309 Sec 1......       494
     and International Anti-Corruption
     Act of 2000.
    Microenterprise for Self-Reliance
     and International Anti-Corruption
     Act of 2000--Continued
      Findings of Congress.............  PL 106-309 Sec 102....       494
    Microenterprise institutions
      Access to by poor people overseas
        Report to Congress.............  PL 106-309 Sec 108....       498
      Supporting and strengthening
        AID leadership.................  PL 106-309 Sec 109....       500
      U.S. foreign policy objectives...  PL 106-309 Sec 103....       497
    Middle East
      (see also Israel-U.S. relations)
      Arms control
        Consultation support...........  PL 106-398 Sec 1202...       865
      Israel-U.S. relations
        Military aid...................  PL 91-441 Sec 501.....      1341
      Peace efforts
        Military aid in support of.....  PL 96-35 Sec 2........       318
        Support from countries.........  PL 96-35 Sec 7........       320
      U.S. relations with
        Military aid...................  PL 93-199.............       479
    Middle East Peace Commitments Act    PL 107-228 Sec 601....       293
     of 2002.
    Middle East Peace Facilitation Act   PL 103-125............       308
     of 1993.
    Middle East Peace Facilitation Act   PL 103-236 Sec 581....       304
     of 1994.
    Middle East Peace Facilitation Act   PL 104-107 Sec 601....       296
     of 1995.
    Military aid, U.S.
      (see also Arms sales, U.S.)
      (see also Economic Support Fund)
      (see also Mutual defense)
      Defense articles
        Credit sales...................  PL 106-280 Sec 101....       447
        Export loan guarantees.........  PL 103-160 Sec 1186...      1055
      Drug control
        Exemptions for law enforcement   PL 103-447 Sec 104....       376
         agencies.
      Egypt
        Appropriations authorization,    PL 106-280 Sec 514....       454
         FY 2001-2002.
      Estonia
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Foreign military financing grants
        Appropriations authorization...  PL 107-228 Sec 1223(a)       413
      Georgia
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Greece
        Appropriations authorization,    PL 107-228 Sec 1222...       412
         2003.
      Hungary
        Excess defense articles........  PL 106-113 Sec 1212...       463
      International Military Education
       and Training
        Appropriations authorization,    PL 107-228 Sec 1211...       412
         2003.
                                         PL 107-228 Sec 1223(b)       413
      Israel...........................  PL 93-199.............       479
        Appropriations authorization,    PL 106-280 Sec 513....       452
         FY 2001-2002.
      Kazakhstan
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Kyrgyzstan
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Latvia
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Lithuania
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Middle East
        Loan guaranties................  PL 96-35 Sec 4........       319
        Peace treaty support...........  PL 96-35 Sec 2........       318
      Moldova
        Excess defense articles........  PL 106-113 Sec 1212...       463
    Military aid, U.S.--Continued
      National security assistance
       strategy
        Report to Congress.............  PL 107-228 Sec 1501...       436
      Naval vessels
        Transfer of....................  PL 106-280 Sec 601....       457
                                         PL 106-113 Sec 1271...       467
                                         PL 105-261 Sec 1235...       939
      Philippines
        Sense of Congress..............  PL 106-280 Sec 709....       461
      Poland
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Republic of Korea
        Stockpile transfer.............  PL 106-113 Sec 1232(a)       464
      Slovakia
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Stockpile transfer
        Congressional notification.....  PL 106-113 Sec 1232(d)       465
      Thailand
        Stockpile transfer.............  PL 106-113 Sec 1232(b)       464
      Turkey...........................  PL 94-104 Sec 2.......       477
        Appropriations authorization,    PL 107-228 Sec 1222...       412
         2003.
      Ukraine
        Excess defense articles........  PL 106-113 Sec 1212...       463
      Uzbekistan
        Excess defense articles........  PL 106-113 Sec 1212...       463
    Military bases abroad
      (see Military, U.S., Stationed
       abroad)
    Military construction
      Appropriations authorization
        Expirations....................  PL 102-190 Sec 2701...      1156
    Military Construction Authorization  PL 101-510 Sec 2001...      1184
     Act for Fiscal Year 1991.
    Military Construction Authorization  PL 102-190 Sec 2001...      1156
     Act for Fiscal Year 1992.
    Military equipment, foreign
      Ballistic missiles
        Nonproliferation of............  PL 108-375 Sec 1212...       769
      Missiles in South Asia
        U.S. policy on.................  PL 107-228 Sec 1601...       436
    Military equipment, U.S.
      Anti-ballistic missiles
        Development and testing........  PL 100-180 Sec 225....      1253
      Anti-personnel land mines
        Export controls................  PL 102-484 Sec 1365...      1102
        Export moratorium extension....  PL 103-160 Sec 1423...      1065
      Anti-satellite weapons...........  PL 98-94 Sec 1235.....      1332
      B-1B bomber program
        Sense of Congress..............  PL 99-145 Sec 1425....      1302
      BIGEYE binary chemical bomb
        Production restrictions........  PL 99-145 Sec 1411(d).      1292
      Civilian use of..................  10 USC 372............       611
      Exports
        Export financing...............  PL 101-189 Sec 825....      1199
      Midgetman missile program
        Modernization of...............  PL 100-180 Sec 220....      1251
      Missiles
        Technology control.............  PL 101-510 Sec 1701...      1183
      Missiles and missile technology
        Transfer of....................  PL 101-510 Sec 1701...      1183
        U.S. policy on.................  PL 101-510 Sec 1701...      1183
      MX missile
        Policy on additional             PL 98-525 Sec 110.....      1307
         acquisitions.
        Modernization of...............  PL 100-180 Sec 220....      1251
      M1 or M1-A1 Abrams tank
        Co-production of...............  PL 100-180 Sec 1023...      1266
      Naval vessels
        Transfers of...................  PL 107-228 Sec 1701...       440
    Military equipment, U.S.--Continued
      OA-37 Dragonfly
        Foreign military sales.........  PL 98-525 Sec 113.....      1311
      Procured by European military....  PL 102-190 Sec 832....      1136
      Strategic bomber programs
        Sense of Congress..............  PL 99-145 Sec 1425....      1302
      Transfer to certain nations
        Restrictions on................  PL 100-456 Sec 1307...      1242
      Transfer to Europe
        Sense of Congress..............  PL 101-510 Sec 357....      1163
      Transfer to Saudi Arabia.........  PL 100-456 Sec 1306...      1241
    Military exercises
      Developing countries
        Expenses paid by the United      10 USC 2010...........       628
         States.
    Military procurement, U.S.
      Cuban or Soviet Union produced
       nickel
        Products containing............  PL 98-525 Sec 1544....      1324
      Imported materials
        Impact on U.S. industrial base.  PL 98-525 Sec 1522....      1320
    Military sales
      (see Arms sales)
    Military training
      Special operations forces
        Expenses paid by the United      10 USC 2011...........       629
         States.
    Military, foreign
      Noncombat achievements or
       performance
        Awards and mementos to           10 USC 1051b..........       626
         recognize.
    Military, U.S.
      (see also Mutual defense)
      Army industrial facilities
        Sales outside Department of      10 USC 4543...........       686
         Defense.
      Ballistic missile defense
        Report to Congress.............  PL 99-145 Sec 226.....      1289
      Bottom-Up Review
        Korean peninsula...............  PL 103-337 Sec 1323...      1041
      Combat duty in Nicaragua
        Sense of Congress..............  PL 99-145 Sec 1451....      1304
      Cooperating with U.S. civilian     10 USC 380............       616
       law enforcement officials.
      Culebra training operations......  PL 93-365 Sec 704.....      1339
      Defense build down
        Findings of Congress...........  PL 102-484 Sec 4101...      1130
      Defense capability assessment
        Report to Congress.............  10 USC 113(i).........       597
      End strength levels..............  10 USC 691............       625
      End strengths, FY 2000...........  PL 106-65 Sec 401.....       883
      End strengths, FY 2001...........  PL 106-398 Sec 401....       858
      End strengths, FY 2002...........  PL 107-107 Sec 401....       848
      End strengths, FY 2003...........  PL 107-314 Sec 401....       808
      End strengths, FY 2004...........  PL 108-136 Sec 401....       786
      End strengths, FY 2005...........  PL 108-375 Sec 401....       747
       End strengths, FY 2006..........  PL 109-163 Sec 401....       692
       End strengths, FY 2007 through    PL 109-163 Sec 403....       692
       FY 2009.
        Additional authority...........  PL 108-375 Sec 403....       748
      Humanitarian assistance..........  10 USC 401............       618
      Intelligence information
        Civilian use of................  10 USC 371............       611
      Lebanon force....................  PL 98-43 Sec 4........       317
      Mobility of
        Report to Congress.............  PL 101-510 Sec 909....      1166
      National strategy
        Presidential presentation to     PL 101-510 Sec 1469...      1181
         Congress.
        Report to Congress.............  PL 101-510 Sec 901....      1165
    Military, U.S.--Continued
      Number of members on active duty.  10 USC 691............       625
      Operations
        Designated by Secretary of       10 USC 127a...........       601
         Defense.
        Funds not provided for in        10 USC 127a...........       601
         advance.
        Relationship to War Powers       10 USC 127a(h)........       603
         Resolution.
        Requests for supplemental        10 USC 127a(f)........       603
         appropriations.
      Outer space
        Control capabilities...........  PL 100-456 Sec 243....      1229
      Peace operations
        Adequate troop protection        PL 105-85 Sec 1052....       960
         equipment.
      Persian Gulf forces
        Commendation of................  PL 100-180 Sec 1401...      1271
      Personnel
        International exchange           PL 104-201 Sec 1082...       996
         agreements.
      Ready Reserve
        Sense of Congress..............  PL 101-510 Sec 1432...      1175
      Report to Congress...............  PL 93-365 Sec 302.....      1338
      Reserve components
        Armored forces.................  PL 101-510 Sec 1434...      1175
      Retired members
        Serving with newly democratic    10 USC 1060...........       627
         nations.
                                         PL 103-160 Sec 1433...      1068
      Roles and missions
        Report to Congress.............  PL 102-484 Sec 901....      1086
      Special operations forces........  PL 99-145 Sec 1453....      1305
      Stationed abroad
        Andean countries...............  PL 101-623 Sec 8......       384
        Civilian personnel reduction in  PL 101-189 Sec 314....      1197
         Europe.
        Closing installations..........  PL 101-510 Sec 2921...      1187
        Conventional force reductions..  PL 101-189 Sec 901....      1200
        Costs incurred.................  10 USC 113(j).........       598
        Crotone, Italy.................  PL 102-190 Sec 2851...      1156
                                         PL 101-510 Sec 1456...      1179
        End strength in Europe.........  PL 103-337 Sec 1303...      1031
        Environmental cleanup..........  PL 105-261 Sec 321....       922
        Environmental compliance.......  PL 101-510 Sec 342....      1162
        Environmental restoration        PL 102-484 Sec 324....      1085
         activities.
        Europe.........................  PL 100-180 Sec 1002...      1263
                                         PL 93-365 Sec 302.....      1338
        Europe limitation..............  PL 98-94 Sec 1103.....      1327
        Findings of Congress...........  PL 105-85 Sec 1043....       957
        Force level reductions.........  PL 103-160 Sec 1401(c)      1060
        Force structure in the Pacific.  PL 107-314 Sec 1211...       818
        Funding limitation.............  PL 103-337 Sec 1311...      1034
        Limitation on..................  10 USC 123b...........       600
        Limitation on foreign national   PL 102-190 Sec 1054...      1146
         employees.
        Redeployment in Europe.........  PL 108-136 Sec 1233...       800
        Relocating functions...........  PL 101-189 Sec 921....      1210
        Report to Congress.............  PL 105-85 Sec 1221(d).       972
                                         PL 105-85 Sec 1043(c).       958
                                         PL 104-201 Sec 1084(d)       999
                                         PL 102-484 Sec 1304...      1092
        Salaries of foreign national     PL 101-510 Sec 1456...      1179
         employees.
        Sense of Congress..............  PL 106-65 Sec 1235....       913
        Severance pay to foreign         PL 101-189 Sec 311....      1197
         nationals.
      Training U.S. civilian law         10 USC 374............       612
       enforcement officials.
        Participation restrictions.....  10 USC 375............       614
    Military, U.S.--Continued
      United Nations Rapidly Deployable
       Mission Headquarters
        Assignment limitation..........  PL 105-261 Sec 1231...       939
    Missile Technology Control Regime
      Arms export controls.............  PL 101-510 Sec 1701...      1183
    Missiles
      (see Military equipment, foreign)
      (see Military equipment, U.S.)
    Missing-in-action (MIAs)
      (see Indochina War)
      (see MIAs)
    Mongolia-U.S. relations
      Excess defense articles
        Military aid...................  PL 106-280 Sec 707....       460
    Montenegro-U.S. relations
      Foreign aid prohibition..........  PL 103-160 Sec 1511...      1073
    Multilateral development banks
     (MDBs)
      Activities
        Support for East European        PL 101-179 Sec 2(c)...       123
         Democracy (SEED) Program.
    Multilateral Investment Guarantee
     Agency
      Former Soviet Union
        Report to Congress.............  PL 102-511 Sec 1009...       105
    Multilateral organizations
      (see International organizations)
    Muskie Fellowships
      Soviet Union-Eastern Europe
        Law and business training        PL 102-138 Sec 227(f).       114
         scholarships.
    Mutual defense
      Security arrangements
        Report to Congress.............  PL 101-510 Sec 1457...      1179
    Mutual defense treaties
      Cost-sharing agreements..........  PL 102-190 Sec 1046...      1143
    Mutual Educational and Cultural
     Exchange Act of 1961
      (see also Educational and
       cultural exchange)
      Implementing
        Appropriations authorization...  PL 102-138 Sec 221....       110
    Mutual Security Act of 1954........  PL 83-665.............       482
    Mutual Security Act of 1959........  PL 86-108.............       481

                                        N

    Narcotics
      (see Drug control)
    National Advisory Commission on
     Agricultural Export Transport
     Policy
      Duties...........................  49 Stat 1985 Sec 901h.       550
      Establishing.....................  49 Stat 1985 Sec 901g.       550
    National Advisory Council on
     International Monetary and
     Financial Policies
      Report to Congress...............  PL 99-570 Sec 2018(c).       403
    National Agricultural Research,      PL 95-113 Sec 1401....      1545
     Extension, and Teaching Policy Act
     of 1977.
                                         PL 95-113 Title XIV...      1545
    National and Community Service Act   PL 101-610 Note.......      1611
     of 1990.
                                         PL 101-610............      1611
    National and Community Service,
     Corporation for
      Authority to provide assistance..  PL 101-610 Sec 121....      1612
      Directors........................  PL 101-610 Sec 191....      1616
      Established......................  PL 101-610 Sec 191....      1616
      Peace Corps training assistance..  PL 101-610 Sec 198(h).      1617
    National and Community Service,
     Corporation for--Continued
      VISTA training...................  PL 101-610 Sec 198(h).      1617
    National Commission on Agricultural  PL 97-98 Sec 1219.....      1553
     Trade and Export Policy.
    National Commission on Defense and
     National Security
      Establishment of.................  PL 101-511 Sec 8104...      1222
      Report to Congress...............  PL 101-511 Sec 8104...      1222
    National Commission on the Use of    PL 106-113 Sec 1247...       469
     Offsets in Defense Trade.
      Report to Congress...............  PL 106-113 Sec 1247(d)       470
    National Contingency Operation
      Personnel Fund...................  10 USC 127a(a)(3).....       601
        Appropriations authorization,    PL 103-160 Sec 1108...      1054
         FY 1994.
    National defense
      Appropriations authorization,
       1996
        Reductions of..................  PL 104-106 Sec 1008...      1009
      Military strategy
        Presidential presentation to     PL 101-510 Sec 1469...      1181
         Congress.
        Report to Congress.............  PL 101-510 Sec 901....      1165
    National Defense Authorization Act   PL 101-510............      1160
     for Fiscal Year 1991.
    National Defense Authorization Act   PL 102-484............      1082
     for Fiscal Year 1993.
    National Defense Authorization Act   PL 103-160............      1051
     for Fiscal Year 1994.
    National Defense Authorization Act   PL 103-337............      1023
     for Fiscal Year 1995.
    National Defense Authorization Act   PL 104-106............      1006
     for Fiscal Year 1996.
                                         PL 103-337 Note.......      1024
    National Defense Authorization Act   PL 104-201............       986
     for Fiscal Year 1997.
    National Defense Authorization Act   PL 105-85.............       949
     for Fiscal Year 1998.
    National Defense Authorization Act   PL 106-65 Sec 1.......       881
     for Fiscal Year 2000.
    National Defense Authorization Act   PL 107-107............       847
     for Fiscal Year 2002.
    National Defense Authorization Act   PL 107-314 Sec 1......       807
     for Fiscal Year 2003.
    National Defense Authorization Act   PL 108-136 Sec 1......       784
     for Fiscal Year 2004.
    National Defense Authorization Act   PL 108-375............       746
     for Fiscal Year 2005.
    National Defense Authorization Act   PL 109-163............       691
     for Fiscal Year 2006.
    National Defense Authorization Act   PL 100-180............      1250
     for Fiscal Years 1988 and 1989.
    National Defense Authorization Act   PL 101-189............      1195
     for Fiscal Years 1990 and 1991.
    National Defense Authorization Act   PL 102-190............      1133
     for Fiscal Years 1992 and 1993.
    National Defense Authorization Act,  PL 100-456............      1228
     Fiscal Year 1989.
    National Drug Control Program......  EO 12880..............       406
    National Drug Intelligence Center
      Appropriations...................  PL 103-139 Sec 8056...      1081
    National Drug Operations Center
      Feasibility study
        Report to Congress.............  PL 101-189 Sec 1213...      1214
    National emergency
      Chemical or biological weapons
        Secretary of Defense...........  10 USC 382............       616
    National emergency--Continued
      Chemical, biological,
       radiological, or nuclear attack
        U.S. preparedness..............  PL 104-106 Sec 379....      1007
      End strength limitation
        Suspension of..................  10 USC 123a...........       599
    National Foreign Intelligence
     Program
      Appropriations authorization, FY
       2002
        Maximum amount.................  PL 107-107 Sec 1006...       850
    National Narcotics Border
     Interdiction System
      Sense of Congress................  PL 101-189 Sec 1214...      1216
    National security
      Agricultural commodity exports
        Suspension of..................  PL 95-501 Sec 417.....      1525
      Assistance strategy for the        PL 106-280 Sec 501....       451
       United States.
      Cuban threat to
        Assessment of..................  PL 105-85 Sec 1228....       980
      Department of Energy programs
        Appropriations authorization,    PL 102-25 Sec 801.....        44
         FY 1991.
      Export controls
        Report to Congress.............  PL 104-106 Sec 1322(c)      1013
        Sense of Congress..............  PL 104-106 Sec 1322...      1012
      Export licenses
        Biological pathogens...........  PL 104-106 Sec 1323...      1015
      Findings of Congress.............  PL 102-484 Sec 4101...      1130
    National Security Assistance
     Strategy
      Annual report to Congress........  PL 106-280 Sec 501....       451
    National service programs
      Alaska
        Yukon-Kuskokwim Delta..........  PL 101-610 Sec 198D...      1617
      Grant eligibility................  PL 101-610 Sec 122....      1612
      Participant recruitment and        PL 101-610 Sec 138....      1615
       placement.
      Urban Youth Corps................  PL 101-610 Sec 122....      1612
    National Service Trust Program.....  PL 101-610............      1611
    National Voluntary Action Program..  EO 12137 Sec 1-5......      1621
    Nationality
      (see Refugees)
    NATO
      Acquisition and cross-servicing    10 USC 2341...........       641
       agreements.
        Applicable law.................  10 USC 2343...........       643
      Acquisition and cross-servicing
       agreements with the United
       States
        Definitions....................  10 USC 2350...........       648
      Acquisitions and transfers
        Methods of payment.............  10 USC 2344...........       643
      Alliance
        Enlargement of.................  PL 107-187 Sec 2......       442
      Appropriations
        Expiration of..................  PL 101-510 Sec 2701...      1185
      Appropriations authorization.....  PL 101-510 Sec 2502...      1184
      Armaments cooperation with member
       countries
        Report to Congress.............  PL 98-525 Sec 1006....      1317
      Autonomy of action
        Sense of Congress..............  PL 103-337 Sec 1302(b)      1031
      AWACS program
        Authority of Secretary of        10 USC 2350e..........       658
         Defense.
      Burden sharing
        Report to Congress.............  PL 106-398 Sec 1221(b)       867
      Civil budget
      Common-funded budgets
        U.S. contribution to...........  PL 107-314 Sec 1003...       808
        U.S. contribution to, FY 2000..  PL 106-65 Sec 1005....       886
        U.S. contribution to, FY 2001..  PL 106-398 Sec 1004...       859
    NATO--Continued
      Common-funded budgets--Continued
        U.S. contribution to, FY 2002..  PL 107-107 Sec 1004...       849
        U.S. contribution to, FY 2005..  PL 108-375 Sec 1002...       750
        U.S. contribution to, FY 2006..  PL 109-163 Sec 1005...       695
      Contributions by allies
        Report to Congress.............  PL 98-525 Sec 1003....      1315
                                         PL 98-94 Sec 1102.....      1325
      Conventional forces
        Improvement of.................  PL 98-525 Sec 1002....      1313
                                         PL 98-94 Sec 1104.....      1328
      Cooperative logistic support       10 USC 2350d..........       656
       agreements.
      Cooperative programs.............  PL 98-94 Sec 1101.....      1325
        Appropriations authorization,    PL 98-525 Sec 105.....      1306
         FY 1985.
        Appropriations authorization,    PL 99-145 Sec 106.....      1287
         FY 1986.
        Limitation on obligations......  PL 99-145 Sec 106.....      1287
                                         PL 98-525 Sec 105.....      1306
      Cooperative research and
       development projects
        Allied countries...............  10 USC 2350a..........       649
      Cross-servicing agreements with    10 USC 2342...........       642
       the United States.
      Defense Capabilities Initiative
        Report to Congress.............  PL 106-65 Sec 1039....       896
      Defense industrial cooperation...  PL 97-252 Sec 1122....      1334
      Deterrence requirements
        Report to Congress.............  PL 100-180 Sec 1001...      1261
      Enlargement of
        Report to Congress.............  PL 105-85 Sec 1223....       973
                                         PL 104-201 Sec 1048...       993
        Sense of Congress..............  PL 105-85 Sec 1223....       973
                                         PL 105-85 Sec 1224....       975
      European air defense agreements
        Authority of Secretary of        PL 98-525 Sec 1007....      1318
         Defense.
      Findings of Congress.............  PL 103-337 Sec 1302(a)      1031
      Force reductions
        Implications of................  PL 101-189 Sec 902....      1201
      Future of
        Study by North Atlantic          PL 100-180 Sec 1003...      1263
         Assembly.
      Increased defense spending by      PL 98-525 Sec 1001....      1313
       allies.
      Infrastructure
        Appropriations authorization...  PL 102-484 Sec 1301...      1089
                                         PL 102-190 Sec 2502...      1156
        U.S. contributions to..........  PL 103-160 Sec 1401(b)      1059
                                         PL 102-484 Sec 1301...      1089
                                         PL 102-190 Sec 2501...      1156
                                         PL 101-510 Sec 2501...      1184
      Installation costs
        Allied sharing.................  PL 103-337 Sec 1304...      1032
      Member country mission
       assignments
        Report to Congress.............  PL 100-463 Sec 8125...      1246
      Member nations
        Reduction of forces............  PL 101-189 Sec 912....      1203
      Military equipment
        Standardization agreements.....  10 USC 2457...........       668
      Military infrastructure
        Recovering U.S. investment in..  PL 103-337 Sec 1305(b)      1033
      New members
        Warsaw Initiative Funds          PL 108-375 Sec 1224...       771
         availability.
      North Atlantic Treaty
        Report to Congress.............  PL 103-160 Sec 1411(c)      1063
        Review of......................  PL 102-484 Sec 1314...      1093
      North Atlantic Treaty of 1949
        Report to Congress.............  PL 102-484 Sec 1314(b)      1094
    NATO--Continued
      Nuclear posture
        Report to Congress.............  PL 98-94 Sec 1105.....      1329
      Nuclear weapons
        Modernization..................  PL 100-456 Sec 1004...      1234
      Partnership for Peace Program
       countries
        Payment of participants travel   PL 107-314 Sec 1202...       813
         expenses.
      Prague Capabilities Commitment...  PL 108-136 Sec 1231...       797
        Report to Congress.............  PL 108-136 Sec 1231(b)       798
      Report to Congress...............  PL 98-94 Sec 1101.....      1325
      Response Task Force
        Findings of Congress...........  PL 108-136 Sec 1231...       797
      Roles and missions support
        Contributions to U.S. incurred   PL 103-337 Sec 1313...      1035
         costs.
      SEASPARROW Cooperative Program...  PL 98-525 Sec 1004....      1317
      U.S. commitment
        Force requirements.............  PL 101-189 Sec 901....      1201
      U.S. credits and liabilities
        Limitation on..................  10 USC 2347...........       645
        Liquidation of.................  10 USC 2345...........       645
      U.S. forces
        Certification and consideration  PL 101-510 Sec 2802...      1186
        Future agenda..................  PL 101-510 Sec 2802...      1186
        Report to Congress.............  PL 101-189 Sec 912....      1203
        Sense of Congress..............  PL 101-189 Sec 922....      1211
      U.S. membership in...............  PL 83-665 Sec 408.....       482
      U.S. military in
        Findings of Congress...........  PL 103-160 Sec 1411(a)      1062
        Sense of Congress..............  PL 103-160 Sec 1411(b)      1063
                                         PL 102-484 Sec              1090
                                          1301(a)(2).
                                         PL 102-190 Sec 1041...      1139
      U.S. military in Europe
        Combat-to-support ratio........  PL 98-94 Sec 1106.....      1330
        Limitation on..................  PL 98-94 Sec 1103.....      1327
      U.S. receipts
        Credited at option of Secretary  10 USC 2346...........       645
         of Defense.
      U.S. support of forces in Europe
        Sense of Congress..............  PL 100-180 Sec 1002...      1263
      Using U.S. military installations
        Study on.......................  PL 101-510 Sec 2503...      1185
      Withdrawal of U.S. forces from
       Kosovo
        Benchmarks for conditions for..  PL 106-398 Sec 1212...       865
    NATO Enlargement Facilitation Act
     of 1996
      Findings of Congress.............  PL 107-187 Sec 2......       442
    NATO Participation Act of 1994
      Countries eligible for assistance
        Assistance authorization.......  PL 107-187 Sec 5......       444
      Findings of Congress.............  PL 107-187 Sec 2......       442
      Slovakia
        Assistance eligibility.........  PL 107-187 Sec 4......       444
    NATO-U.S. relations
      Common funded budget
        U.S. contribution to...........  PL 105-261 Sec 1006...       927
      Expansion of
        Military capabilities..........  PL 105-261 Sec 1222...       937
        U.S. share of costs............  PL 105-261 Sec 1221...       937
      Findings of Congress.............  PL 107-187 Sec 2......       442
    NATO, Strategic Concept of
      Legal impact on the United States
        Report to Congress.............  PL 106-65 Sec 1221....       909
    Natural Resources Risk Remediation
     Fund
      Supplemental appropriations, 2003  PL 108-11 Title I.....         8
    Naval vessels
      LST 325
        Authorization for towing         PL 106-570 Sec 502....       491
         assistance.
    Naval vessels, U.S.
      Aggregate not included value of    PL 106-280 Sec 602....       457
       excess defense articles.
      Coast Guard
        Drug-interdiction assistance...  PL 99-145 Sec 1421....      1300
      Defense Vessels Transfer Program   PL 106-280 Sec 605....       458
       Account.
      Disposal of
        Certification required.........  10 USC 7308...........       690
      Drug-interdiction areas
        Assigning Coast Guard personnel  PL 99-145 Sec 1421....      1300
      Larger or newer
        Lease to foreign countries.....  10 USC 7307...........      1345
      Lease to foreign countries.......  10 USC 7307(b)........      1345
      Transfer of
        Requirements for...............  PL 106-280 Sec 604....       457
        Sense of Congress..............  PL 106-280 Sec 607....       458
      Transfer to Bahrain..............  PL 104-106 Sec 1012...      1010
      Transfer to Brazil...............  PL 106-280 Sec 601(a).       457
                                         PL 105-85 Sec 1025....       952
      Transfer to Chile................  PL 106-280 Sec 601(b).       457
      Transfer to Egypt................  PL 105-85 Sec 1025....       952
                                         PL 104-106 Sec 1012...      1010
      Transfer to Greece...............  PL 106-280 Sec 601(c).       457
      Transfer to Israel...............  PL 105-85 Sec 1025....       952
      Transfer to Malaysia.............  PL 105-85 Sec 1025....       952
      Transfer to Mexico...............  PL 105-85 Sec 1025....       952
      Transfer to Oman.................  PL 104-106 Sec 1012...      1010
      Transfer to Taipei Economic and    PL 105-85 Sec 1025....       952
       Cultural Representative Office.
      Transfer to Thailand.............  PL 105-85 Sec 1025....       952
      Transfer to Turkey...............  PL 106-280 Sec 601(d).       457
      Transfer to United Arab Emirates.  PL 104-106 Sec 1012...      1010
      Transfers to foreign countries
        Authorization..................  PL 108-375 Sec 1013...       751
                                         PL 107-107 Sec 1011...       851
                                         PL 106-398 Sec 1013...       860
                                         PL 106-65 Sec 1017-          888
                                          1018.
                                         PL 105-261 Sec 1235...       939
    Nicaragua-U.S. relations
      Use of U.S. Armed Forces
        Sense of Congress..............  PL 100-456 Sec 1304...      1241
                                         PL 100-180 Sec 1405...      1274
                                         PL 99-145 Sec 1451....      1304
    Nicaraguan Democratic Resistance
      Additional assistance............  PL 100-276 Sec 3......       285
      Limitation on source of funds for  PL 99-661 Sec 1351....      1281
      Yatama Indians
        Appropriations, 1989...........  PL 100-276 Sec 3(g)...       287
    Nicholson, Arthur D., Jr.
      Murder of
        Sense of Congress..............  PL 99-661 Sec 1368....      1282
    Non-NATO
      Cross-servicing agreements with
       the United States
        Report to Congress.............  10 USC 2349a..........       648
    Nonproliferation
      Ballistic missiles
        Sense of Congress..............  PL 108-375 Sec 1212...       769
      Initiatives for Proliferation
       Prevention
        Funding authorization..........  PL 105-261 Sec 3133(a)       944
      Initiatives for Proliferation
       Prevention program
        Funding limitation.............  PL 107-314 Sec 4302...       834
      International activities
        Support for....................  PL 102-511 Sec 509....        93
      Nuclear Cities Initiative
        Funding authorization..........  PL 105-261 Sec 3133(b)       945
    Nonproliferation--Continued
      Nuclear Cities Initiative--
       Continued
        Funding requirements...........  PL 107-314 Sec 4302(b)       836
    Nonproliferation and export control
     training in the United States
      Appropriations authorization.....  PL 106-280 Sec 302....       450
    Nonproliferation Assistance          PL 107-228 Sec 1331...       429
     Coordination Act of 2002.
    Nonproliferation of nuclear weapons
      (see Nuclear weapons,
       nonproliferation activities)
    North Atlantic Treaty
      Review of
        Sense of Congress..............  PL 102-484 Sec 1314...      1093
    North Atlantic Treaty Organization
      (see NATO)
    North Korea-U.S. relations
      Ballistic missile threat
        Report to Congress.............  PL 106-398 Sec 232....       856
    North Vietnam-U.S. relations
      (see Indochina War)
      (see Vietnam-U.S. relations)
    Northern Ireland and Ireland
      Promoting reconciliation.........  PL 99-415.............       355
    Nuclear Cities Initiative
      Commercial programs proposals
        Economic effects evaluation....  PL 107-314 Sec 4302(b)       836
      Department of Energy
        Expanding activities under.....  PL 107-314 Sec 4304...       838
        Funding authorization..........  PL 107-314 Sec 4304(b)       838
      Funding authorization............  PL 105-261 Sec 3133(b)       945
      Funding requirements.............  PL 107-314 Sec 4302(b)       836
      Secretary of Energy
        Funding limitation.............  PL 107-314 Sec 4304(d)       839
                                         PL 107-314 Sec 4304(e)       839
    Nuclear facilities
      Eastern Europe
        Safety of......................  PL 102-484 Sec 3202...      1129
      Former Soviet Union
        Safety of......................  PL 102-484 Sec 3202...      1129
      Former Soviet Union and Eastern
       Europe
        U.S. policy on.................  PL 102-484 Sec 3202(b)      1129
    Nuclear materials
      Disposal of
        Former Soviet Union............  PL 102-511 Sec 510....        95
      Russian Federation
        Accelerated return to..........  PL 107-314 Sec 3160...       828
      Security of
        International program to         PL 107-314 Sec 3158...       827
         strengthen.
        Sense of Congress..............  PL 107-314 Sec 3161...       828
      Vulnerable worldwide sites
        Sense of Congress..............  PL 108-375 Sec 3132...       775
    Nuclear materials protection and
     cooperation program funds
      On-site managers.................  PL 108-136 Sec 3125...       803
      Use outside former Soviet Union..  PL 108-136 Sec 3124...       802
    Nuclear Materials Protection,
     Control, and Accounting Program
      Funding limitation...............  PL 107-314 Sec 4303(c)       838
      Report to Congress...............  PL 107-314 Sec 4303...       837
      Russian access policy............  PL 107-314 Sec               838
                                          4303(c)(2).
    Nuclear Nonproliferation
     Fellowships
      Program established..............  PL 108-375 Sec 3134...       778
    Nuclear nonproliferation sciences
        Fellowships in.................  PL 108-375 Sec 3134...       778
      South Asia
        U.S. policy on.................  PL 107-228 Sec 1601...       436
    Nuclear nonproliferation sciences--
     Continued
      U.S. objectives in South Asia
        Report to Congress.............  PL 107-228 Sec 1601...       436
    Nuclear power
      Cuba
        Juragua power plant............  PL 104-114 Sec 111....       241
    Nuclear Security Initiative Act of   PL 108-136 Sec 3601...       804
     2003.
    Nuclear Security, Administrator of
      Cooperative threat reduction
        Program transfer...............  PL 107-314 Sec 3151...       821
        Research and development         PL 107-314 Sec 3155...       825
         program.
      Nuclear Nonproliferation           PL 108-375 Sec 3134...       778
       Fellowships.
      Russia plutonium production
        Program transfer...............  PL 107-314 Sec 3151...       821
    Nuclear Test Ban Readiness Program
      Findings of Congress.............  PL 107-314 Sec 4207...       829
      U.S. nuclear weapons stockpile
        Program supporting.............  PL 107-314 Sec 4207(b)       830
    Nuclear test readiness postures
      Report to Congress...............  PL 107-314 Sec 4208...       831
    Nuclear weapons
      Atmospheric testing
        Funding prohibition............  PL 107-314 Sec 4210...       833
      Commission on Maintaining United
       States Nuclear Weapons Expertise
        Established....................  PL 104-201 Sec 3162...      1001
        Modification of................  PL 105-85 Sec 3163....       985
      Departments of Defense and Energy
        Nonproliferation activities....  PL 102-484 Sec 1503...      1110
      Dismantlement of
        Report to Congress.............  PL 102-484 Sec 3151...      1127
                                         PL 101-510 Sec 3151...      1191
        Verification...................  PL 101-510 Sec 3152...      1193
      Disposal of
        Appropriations authorization...  PL 102-190 Sec 3141...      1157
      Helsinki Joint Statement
        Report to Congress.............  PL 105-85 Sec 1229....       981
      Illegal importation prevention
        Presidential certification.....  PL 104-201 Sec 229....       987
      Improved control over use
        Report.........................  PL 97-252 Sec 1123....      1335
      International Nonproliferation
       Initiative
        Assistance authorization.......  PL 102-484 Sec 1505...      1111
      Middle East
        Nonproliferation...............  PL 96-35 Sec 10.......       321
      MX missile warhead
        Funding restriction............  PL 99-145 Sec 1426....      1303
      National security requirements
        Report to Congress.............  PL 102-190 Sec 3142...      1158
      New or modified
        Funding request requirements...  PL 107-314 Sec 4209...       832
      Nonproliferation activities......  PL 102-484 Sec 1503-        1110
                                          1505.
        Support for....................  PL 106-398 Sec 1201...       864
       Nonstrategic
         Report to Congress............  PL 109-163 Sec 1212...       704
      Program restrictions.............  PL 99-145 Sec 1426....      1303
      Programs with the PRC
        Funding prohibition............  PL 104-201 Sec 3137...      1000
      Reliability and safety
        Sense of Congress..............  PL 104-201 Sec 3163...      1003
      Russian Federation
        Reductions of..................  PL 102-484 Sec 1321...      1094
      Standard Missile (SM-2(N))
        Funding restriction............  PL 99-145 Sec 1426....      1303
      Strategic nuclear warheads
       dismantling
        Reports to Congress............  PL 108-136 Sec 1033...       790
    Nuclear weapons--Continued
      Tactical use of
        Europe.........................  PL 93-365 Sec 302.....      1338
      Technology transfer
        Report to Congress.............  PL 102-190 Sec 1097...      1153
      Test ban readiness program
        Appropriations authorization...  PL 102-190 Sec 3140...      1157
      Test monitoring equipment
        Furnished to foreign             10 USC 2565...........       680
         governments.
      Testing
        Limitations on.................  PL 102-190 Sec 3140...      1157
      Underground testing
        Limitations on.................  PL 107-314 Sec 4210...       833
    Nuclear weapons, nonproliferation
     activities
      Test ban treaty
        Sense of Congress..............  PL 101-510 Sec 3142...      1191
    Nuclear winter
      Report to Congress...............  PL 99-661 Sec 1371....      1282
    Nuclear, biological, and chemical
     weapons
      Report to Congress
        Technology transfer............  PL 102-190 Sec 1097...      1153

                                        O

    Offset policy
      Arms sales
        Technology transfer conditions.  10 USC 2532...........       673
      Military equipment purchases
        Technology transfer              PL 100-456 Sec 825....      1231
         requirements.
      Technology transfer
        U.S. policy on.................  PL 100-456 Sec 825....      1231
        U.S. restrictions on...........  10 USC 2532...........       673
    Oil
      Angola produced
        U.S. purchase restrictions.....  PL 99-661 Sec 316.....      1279
      Persian Gulf
        Disruption plans...............  PL 100-180 Sec 1222...      1267
      United Nations Oil-for-Food
       Program
        Access to Iraqi documents on...  PL 108-375 Sec 1207...       767
    Operation Allied Force
      Conduct of military operations
        Report to Congress.............  PL 106-65 Sec 1211....       905
      Costs to United States
        Report to Congress.............  PL 106-398 Sec 1221(a)       867
    Operation Desert Storm
      (see also Persian Gulf conflict)
      Costs of
        Report to Congress.............  PL 102-25 Sec 401.....        36
      Costs offset by foreign country
       contributions
        Report to Congress.............  PL 102-25 Sec 401.....        36
      Supplemental authorizations
        Extension of...................  PL 102-190 Sec 1201...      1155
    Operation Enduring Freedom
      Emergency appropriations
        Authorization for..............  PL 108-375 Sec 1501...       773
      Military operations conducted
       under
        Report to Congress.............  PL 107-314 Sec 1043...       809
       Procurement and equipment
       maintenance costs
         Report to Congress............  PL 109-163 Sec 1221...       705
      War on terrorism
        Appropriations authorization...  PL 107-314 Sec 1503-         819
                                          1506.
    Operation Enhanced Southern Watch
      Appropriations authorization, FY   PL 104-106 Sec 1005...      1009
       1996.
      Report to Congress...............  PL 104-201 Sec 1041...       991
    Operation Iraqi Freedom
      Conduct of
        Report to Congress.............  PL 108-136 Sec 1202...       792
      Emergency appropriations
        Authorization for..............  PL 108-375 Sec 1501...       773
      Injured Iraqi children
        Medical assistance for.........  PL 108-136 Sec 1201...       792
      Post-major combat operations
        Report to Congress.............  PL 108-375 Sec 1042...       754
       Procurement and equipment
       maintenance costs
         Report to Congress............  PL 109-163 Sec 1221...       705
    Operation Noble Eagle
       Procurement and equipment
       maintenance costs
         Report to Congress............  PL 109-163 Sec 1221...       705
      War on terrorism
        Appropriations authorization...  PL 107-314 Sec 1503-         819
                                          1506.
    Operation Provide Comfort
      Appropriations authorization, FY   PL 104-106 Sec 1004...      1008
       1996.
      Report to Congress...............  PL 104-201 Sec 1041...       991
    Organization for Economic
     Cooperation and Development (OECD)
      Nuclear security
        Dialogue with the IAEA.........  PL 108-136 Sec 3631...       806
    Organization for the Prohibition of  PL 107-228 Sec 1605...       438
     Chemical Weapons (OPCW)
    Organization of African Unity
      Conflict resolution
        Improving capabilities.........  PL 103-381 Sec 3......       192
    Organization of American States
      Inter-American Convention Against  PL 106-309 Sec 202....       501
       Corruption.
      Sanctions
        U.S. foreign aid...............  PL 86-735 Sec 2.......       291
    Outer space
      Independent states of the former
       Soviet Union
        Discussions with...............  PL 102-511 Sec 601....        97
      Space Defense System
        Testing moratorium on..........  PL 100-180 Sec 208....      1250
    Overseas Contingencies Program
      Department of Defense
        Appropriations authorization,    PL 108-136 Sec 301(20)       785
         FY 2004.
    Overseas Contingency Operations
     Transfer Fund
      Appropriations authorization, FY   PL 105-85 Sec 301.....       950
       1998.
      Appropriations authorization, FY   PL 106-65 Sec 301(24).       882
       2000.
      Appropriations authorization, FY   PL 108-375 Sec 301(20)       747
       2005.
      Appropriations authorization, FY   PL 109-163 Sec 301(20)       692
       2006.
    Overseas Military Facility
     Investment Recovery Account,
     Department of Defense
      Established......................  PL 101-510 Sec 2921(c)      1187
      Oversight of.....................  PL 101-510 Sec 2921(g)      1190
    Overseas Operations Transfer Fund
      Appropriations authorization, FY   PL 107-107 Sec               848
       2002.                              301(a)(24).
    Overseas Private Investment
     Corporation
      Delegation of authority to.......  44 FR 57521 Sec 1-6...       577
      Established......................  EO 11579..............       582
      Former Soviet Union programs
        Additional funding.............  PL 102-511 Sec 308....        84
      Investment Advisory Council
        Report to Congress.............  PL 106-200 Sec               177
                                          123(c)(2).
      Sub-Saharan Africa
        Equity funds...................  PL 106-200 Sec 123....       176
        Investment Advisory Council....  PL 106-200 Sec 123(c).       176
    Overseas Workload Program
      Contract bidding
        Firms eligible.................  10 USC 2349...........       647
      Report to Congress...............  PL 100-180 Sec 1021...      1265

                                        P

    Pacific Rim-U.S. relations
      Foreign critical technology
        Monitoring and assessment        10 USC 2518...........       671
         program.
      Regional security
        Findings of Congress...........  PL 102-190 Sec 1043...      1140
    Pakistan--Exemption and Waiver of    PL 107-57.............       345
     Foreign Assistance Prohibitions.
    Pakistan-U.S. relations
      Export Administration Act
       sanctions
        Waiver authority...............  PL 107-57 Sec 2.......       346
      Foreign aid
        Assistance waivers.............  PL 107-57 Sec 1.......       345
                                         PL 107-57 Sec 3.......       346
      Logistical support in Iraq
        Reimbursement for..............  PL 108-11 Sec 1310....        11
                                         PL 109-13 Title I.....       738
      Missile Technology Control Regime
       sanctions
        Waiver authority...............  PL 107-57 Sec 2.......       346
      Sanctions
        Waiver of......................  PL 106-79 Sec 9001....       348
    Palestine Authority
      Commitments to Israel
        Findings of Congress...........  PL 107-228 Sec 602....       293
        Sanctions......................  PL 107-228 Sec 604....       294
    Palestine Liberation Organization-
     U.S. relations
      Commitments to Israel
        Findings of Congress...........  PL 107-228 Sec 602....       293
        Presidential determination.....  PL 107-228 Sec 604....       294
        Sanctions......................  PL 107-228 Sec 604....       294
      Consultation with Congress.......  PL 103-125 Sec 3(b)(1)       308
      Continued PLO compliance.........  PL 103-125 Sec 3(b)(3)       309
      Peace process
        Consultation with Congress.....  PL 104-107 Sec               298
                                          604(b)(1).
                                         PL 103-236 Sec               305
                                          583(b)(1).
        Findings of Congress...........  PL 103-125 Sec 2......       308
                                         PL 103-236 Sec 582....       304
                                         PL 104-107 Sec 602....       296
        Foreign aid requirements.......  PL 104-107 Sec 604(c).       300
        PLO commitments................  PL 104-107 Sec               298
                                          604(b)(4).
                                         PL 103-236 Sec               305
                                          583(b)(4).
        PLO compliance.................  PL 104-107 Sec               298
                                          604(b)(3).
        Presidential certification.....  PL 104-107 Sec               298
                                          604(b)(2).
        Provisions eligible............  PL 103-125 Sec 3......       308
        Provisions eligible for          PL 104-107 Sec 604....       297
         suspension.
                                         PL 103-236 Sec 583....       304
        Sense of Congress..............  PL 104-107 Sec 603....       297
        Suspending provisions..........  PL 103-125 Sec 3......       308
        Suspension of certain            PL 104-107 Sec 604(d).       301
         provisions.
      PLO commitments described........  PL 103-125 Sec 3(b)(4)       309
      Presidential certification.......  PL 103-125 Sec 3(b)(2)       309
      Provisions eligible for            PL 103-125 Sec 3(d)...       309
       suspension.
      Responses to terrorism
        Report to Congress.............  PL 103-236 Sec               306
                                          583(b)(6).
    Panama Canal-U.S. relations
      Realignment of military            PL 95-485 Sec 817.....      1337
       installations.
    Panama-U.S. relations
      Arms sales
        Eligibility....................  PL 104-164 Sec 154....       537
    Panama-U.S. relations--Continued
      General Manuel Noriega
        Sense of Congress..............  PL 100-456 Sec 1303...      1240
      Military aid
        Limitation on..................  PL 100-456 Sec 1302...      1239
      U.S. policy toward...............  PL 100-180 Sec 1403...      1272
      United States Southern Command
        Sense of Congress..............  PL 100-456 Sec 1301...      1239
    Partnership for Peace
      Excess defense articles
        Transportation funds...........  PL 104-164 Sec 105....       535
    Partnership for Peace Information
     System Management
      Appropriations authorization, FY   PL 105-261 Sec 1005...       927
       1999.
    Partnership for Peace Program
      Countries participating in
        Payment of travel expenses.....  PL 107-314 Sec 1202...       813
    Paul D. Coverdell Fellows Program    PL 106-309 Sec 408....      1601
     Act of 2000.
    Paul D. Coverdell Peace Corps        PL 107-21.............      1598
     Headquarters.
                                         PL 107-21 Sec 1.......      1598
    Paul D. Coverdell World Wise         PL 106-570 Sec 601....      1599
     Schools Act of 2002.
    Peace Corps........................  EO 12137..............      1619
      (see also Foreign Service)
      Activities
        Report to Congress.............  PL 87-293 Sec 11......      1581
      Appointments and assignments.....  PL 87-293 Sec 7(a)....      1574
        Nonpartisan....................  PL 87-293 Sec 25......      1592
      Appropriations authorization.....  PL 87-293 Sec 3.......      1566
      Appropriations authorization, FY   PL 102-565............      1603
       1993.
      Appropriations authorizations, FY  PL 103-236 Sec 601....      1602
       1994 and 1995.
      Director of......................  PL 87-293 Sec 4.......      1568
        Transfer of functions to.......  PL 97-113 Sec 601(b)..      1595
      Director, Paul D. Coverdell
        Findings of Congress...........  PL 106-570 Sec 602....      1599
      Disabled persons
        Aid to.........................  PL 87-293 Sec 3(h)....      1554
      Employment with
        Limitation on length of........  PL 99-83 Title XI.....      1606
      Foreign currencies used..........  PL 87-293 Sec 17......      1590
      Foreign currency fluctuations....  PL 102-565 Sec 2......      1603
      Foreign governments using          PL 87-293 Sec 14......      1585
       personnel.
      Foreign nationals participating..  PL 87-293 Sec 9.......      1578
      Former volunteers
        In Civil Service...............  EO 11103..............      1624
      Functions delegated..............  PL 87-293 Sec 4.......      1568
      Funds............................  PL 87-293 Sec 15(a)...      1586
        Training expenses..............  PL 87-293 Sec 15(c)...      1587
        Utilization of.................  PL 87-293 Sec 15......      1586
      Headquarters offices.............  PL 107-21 Sec 1.......      1598
      Health care services provided
        Evaluation of..................  PL 102-565 Sec 3......      1603
      Independent from ACTION..........  PL 87-293 Sec 2A......      1566
      Interdepartmental cooperation....  EO 12137 Sec 1-602....      1622
      International organizations using  PL 87-293 Sec 14......      1585
       personnel.
      Language proficiency.............  PL 87-293 Sec 24......      1592
      National Advisory Council
        Termination of advisory bodies   PL 99-83 Title XI.....      1606
         with similar functions.
      Personnel........................  PL 87-293 Sec 5.......      1569
                                         PL 87-293 Sec 6.......      1573
                                         PL 87-293 Sec 7.......      1574
        Allowance......................  PL 87-293 Sec 5(c)....      1569
        As U.S. Government employees...  PL 87-293 Sec 5(f)-(h)      1571
    Peace Corps--Continued
      Personnel--Continued
        Benefits to children...........  PL 87-293 Sec 5(m)-(n)      1573
        Career counseling in the United  PL 87-293 Sec 5(k)....      1572
         States.
        Certificate of service.........  EO 11103 Sec 3........      1624
        Compensation of................  PL 89-134 Sec 5.......      1569
                                         PL 89-134 Sec 5.......      1569
        Country representative.........  PL 87-293 Sec 7(c)....      1577
        Foreign Service Act applicable.  PL 87-293 Sec 7(a)....      1574
        Health care of.................  PL 87-293 Sec 5(e)....      1570
        In judicial or administrative    PL 87-293 Sec 5(l)....      1573
         proceedings abroad.
        Oath upon enrollment...........  PL 87-293 Sec 5(j)....      1572
        Selection......................  PL 87-293 Sec 5(a)....      1569
      Personnel system
        Implementation of..............  PL 89-134 Sec 5.......      1569
      President
        Functions reserved to..........  EO 12137 Sec 1-3......      1620
      Programs in former Soviet Union..  PL 102-565 Sec 5......      1605
      Promoting Americans'               PL 87-293 Sec 18......      1576
       understanding of other people.
      Purpose stated...................  PL 87-293 Sec 2.......      1566
      Report to Congress...............  PL 99-83 Title XI.....      1606
      Seal and name rights.............  PL 87-293 Sec 19......      1591
      Security investigation...........  PL 87-293 Sec 22......      1591
      Student loans
        Conditions for cancellation....  PL 99-498.............      1610
        Exceptions for repayment.......  PL 99-498.............      1610
      Training of volunteers...........  PL 87-293 Sec 8.......      1577
      Transfer of functions
        Report to Congress.............  PL 97-113 Sec 601(f)..      1597
      Transfer of property from ACTION.  PL 97-113 Sec 601(c)..      1595
      Universal Military Training and    PL 87-293 Sec 23......      1592
       Service Act.
    Peace Corps Act....................  PL 87-293.............      1565
      Authorities and powers of          PL 87-293 Sec 10......      1579
       President.
    Peace Corps Fellows/USA Program
      Redesignation as Paul D.           PL 106-309 Sec 408(c).      1601
       Coverdell Fellows Program.
    Peace Corps National Advisory        PL 87-293 Sec 12......      1582
     Council.
      Report to Congress...............  PL 87-293 Sec 12(i)...      1584
    Peace process support in Liberia
      Sense of Congress................  PL 102-270............       211
    Peaceful Nuclear Explosions Treaty
      Verification measures
        Agreement on...................  PL 107-314 Sec 4207...       829
    Peacekeeping activities
      Reports to Congress
        Bosnia and Herzegovina.........  PL 105-85 Sec 1205....       966
      Using Department of Defense funds
        Prohibition on.................  10 USC 405............       624
    Persian Gulf
      Commendation of U.S. forces......  PL 100-180 Sec 1401...      1271
      Stinger missiles
        Prohibition on.................  PL 106-280 Sec 705....       459
      U.S. strategic posture in
        Report to Congress.............  PL 102-484 Sec 1331...      1097
    Persian Gulf conflict
      Appropriations authorization
        Transfer authority.............  PL 102-25 Sec 103.....        34
      Conduct of
        Report to Congress.............  PL 102-25 Sec 501.....        40
      Supplemental authorization
        Relative to Public Law 101-510.  PL 102-25.............        32
    Persian Gulf Conflict Supplemental   PL 102-25.............        32
     Authorization and Personnel
     Benefits Act of 1991.
    Persian Gulf crisis
      Foreign country contributions
        Report to Congress.............  PL 102-25 Sec 402.....        38
    Persian Gulf Regional Defense Fund
      Establishment of.................  PL 102-25 Sec 102.....        34
    Peru-U.S. relations
      Drug control
        Additional eradication           PL 105-277 Sec 822....       367
         resources.
        Appropriations authorization...  PL 105-85 Sec 1033....       953
        Foreign aid....................  PL 105-277 Sec 822....       367
        Report to Congress.............  PL 105-277 Sec 822(b).       367
      U.S. military personnel
        Compensation for death and       PL 103-160 Sec 1434...      1068
         injury.
                                         PL 103-139 Sec 8099...      1081
    Pesticide Monitoring Improvements    PL 100-418 Sec 4701...      1561
     Act of 1988.
    Philippines-U.S. relations
      Earthquake relief assistance
       effort
        Commendation of................  PL 101-510 Sec 1472...      1182
      Economic Support Fund
        Supplemental appropriations,     PL 108-11 Ch 5........        15
         2003.
      Military aid, U.S.
        Sense of Congress..............  PL 106-280 Sec 709....       461
      Military bases in................  PL 100-456 Sec 1308...      1242
    PL 480
      (see Public Law 480)
    Plan Colombia
      Costs to support
        Report to Congress.............  PL 106-246 Sec 3204(e)       223
      Drug control costs
        Report to Congress.............  PL 106-246 Sec 3204(e)       223
    Plutonium
      Independent states of the former
       Soviet Union
        Study and report on purchasing.  PL 108-136 Sec 3123...       801
      Production of
        Cessation by Commonwealth of     PL 102-484 Sec 3151...      1127
         Independent States.
        Cessation by Soviet Union......  PL 101-510 Sec 3151...      1191
      Reprocessing
        U.S. policy on.................  PL 103-160 Sec 1163...      1055
    Plutonium and uranium
      Secure stockpiles of
        Sense of Congress..............  PL 107-314 Sec 3162...       829
    Poland-U.S. relations
      Agricultural assistance
        Report to Congress.............  PL 101-179 Sec 701....       145
      American Children's Hospital
        Zablocki Outpatient Facility...  PL 98-266.............       153
      Central European Small Business    67 Stat 232...........       160
       Enterprise Development
       Commission.
      Credit unions
        U.S. policy on.................  PL 101-179 Sec 206....       136
      Environment
        Report to Congress.............  PL 101-179 Sec 703....       145
      Foreign aid......................  PL 100-418 Sec 2222...       150
        Medical supplies...............  PL 100-418 Sec 2227...       152
      Labor market reforms
        Assistance in..................  PL 101-179 Sec 202....       133
      Private sector development
        Assistance in..................  PL 101-179 Sec 203....       134
        Foreign aid....................  PL 101-179 Sec 201(b).       129
      Small business
        Management and technical         67 Stat 232...........       160
         assistance.
      Support for East European
       Democracy (SEED)
        Additional program actions.....  PL 101-179 Title VI...       143
    Poland-U.S. relations--Continued
        Agricultural assistance........  PL 101-179 Sec 103....       127
        Democratic institutions support  PL 101-179 Sec 501....       141
        Educational, cultural, and       PL 101-179 Title IV...       138
         scientific activities.
        Emergency assistance...........  PL 101-179 Sec 102....       126
        Environmental programs.........  PL 101-179 Sec 502....       141
        Multilateral support for.......  PL 101-179 Sec 101....       125
        Peace Corps programs...........  PL 101-179 Sec 204....       135
        Private sector development.....  PL 101-179 Title II...       129
        Trade and investment programs..  PL 101-179 Title III..       136
      Support for East European
       Democracy (SEED) Program
        Delegation of authority........  EO 12703..............       162
    Polish-American Enterprise Fund
      Annual report....................  PL 101-179 Sec 201(p).       133
      Appropriations authorization.....  PL 101-179 Sec 201(b).       129
      Recordkeeping requirements.......  PL 101-179 Sec 201(o).       132
      U.S. Agency for International      PL 101-179 Sec 201(e).       130
       Development grants.
    Political tests
      (see Loyalty)
    Population planning
      Colombia
        Foreign aid limitation.........  PL 106-246 Sec 3206...       225
    POW/MIA
      China-U.S. relations
        Task Force.....................  PL 103-337 Sec 1033...      1028
      Family members
        Assistance to..................  PL 103-337 Sec 1031...      1027
      North Korea
        Sense of Congress..............  PL 103-337 Sec 1035...      1029
      Secretary of Defense
        Report to Congress.............  PL 103-337 Sec 1032...      1028
    POWs
      Families of
        Support center.................  PL 102-190 Sec 1083...      1151
      Information on
        Public availability of.........  PL 102-190 Sec 1082...      1149
    President
      (see also Reports to Congress)
      Arms sales
        Delegation of functions........  EO 11958 Sec 1........       578
      Certification
        Ethiopian peace................  PL 102-274 Sec 8......       209
        Zimbabwe democratic reforms....  PL 107-99 Sec 4(d)....       166
      Certifications and
       recommendations
        Delegation of functions........  EO 13346..............       594
      Developing countries
        Agricultural commodity sales...  PL 83-480 Sec 101.....      1353
      Enterprise for the Americas
       Facility
        Consultation with Congress.....  PL 83-480 Sec 615.....       276
      Foreign aid program
       administration
        Reserved functions.............  EO 12163 Sec 1-701....       560
      Foreign aid programs
        Administration of..............  EO 12163..............       554
      Funding requests
        Report to Congress.............  10 USC 113(m).........       598
      Iraq stabilization strategy
        Report to Congress.............  PL 108-375 Sec 1204...       763
      Military aid
        Israel.........................  PL 93-199.............       479
      Notification to Congress
        Transfer of defense articles to  PL 106-280 Sec 112(c).       449
         Israel.
      Offset policy
        Establishment of...............  10 USC 2532...........       673
    President--Continued
      Peace Corps
        Functions reserved.............  EO 12137 Sec 1-3......      1620
      Preventing import of illegal
       biological, chemical, and
       nuclear weapons
        Certification..................  PL 104-201 Sec 229....       987
      Report to Congress
        Waiver of aid prohibition to     10 USC 2249a(b)(2)....       637
         terrorist countries.
      U.S. military contingency
       operations
        Budget justification documents.  PL 107-248 Sec 8132...       846
      Waivers, determinations, and
       reports to Congress
        Delegation of functions........  EO 13346..............       594
    President's Drug Policy Council
      Establishment of.................  EO 12992..............       408
    President's Emergency Food           PL 98-473 Sec 301.....      1472
     Assistance Act of 1984.
    Prisoners of war
      (see POWs)
    Private enterprise
      (see also Overseas Private
       Investment Corporation)
      Agricultural commodity sales.....  PL 83-480 Sec 201.....      1358
        Currency uses..................  PL 83-480 Sec 203.....      1362
    Private voluntary organizations
      Agricultural commodity sales
        Using currencies...............  PL 83-480 Sec 203.....      1362
    Protection Against Nuclear
     Terrorism program
      Implementation of
        Appropriations authorization...  PL 107-228 Sec 1305...       417
    Public Law 480
      (see also Agricultural Trade
       Development and Assistance Act
       of 1954)
      McGovern-Dole grants
        Appropriations, 2006...........  PL 109-97 Title V.....      1450
      Ocean freight differential grants
        Appropriations, 2006...........  PL 109-97 Title V.....      1450
      Operation of
        Review.........................  PL 95-113 Sec 1210....      1476
      Programs
        Appropriations, 2006...........  PL 109-97 Title V.....      1449
      Title II grants
        Appropriations, 2006...........  PL 109-97 Title V.....      1450

                                        R

    Reform in Emerging New Democracies   PL 103-199............        67
     and Support and Help for Improved
     Partnership with Russia, Ukraine,
     and Other New Independent States,
     Act for.
    Refugee assistance
      Africa...........................  PL 99-8 Sec 3.........       213
    Refugees
      Iraq
        Humanitarian assistance........  PL 102-45.............       311
    Regional Defense Counterterrorism
     Fellowship Program
      Appropriations, 2006.............  PL 109-148 Sec 8102...       731
      Department of Defense assistance.  10 USC 2249c..........       637
    Reports to Congress
      ABM Treaty absence
        Effect on strategic offensive    PL 100-180 Sec 233....      1258
         and defensive programs.
    Reports to Congress--Continued
      Advisory Committee for the         PL 98-164 Sec 807.....       158
       Studies of Eastern Europe and
       the Independent States of the
       Former Soviet Union.
      Afghan National Army
        Training and equipment funding.  PL 109-148 Sec 9006...       734
                                         PL 109-13 Title I.....       739
      Afghanistan
        Military operations and          PL 108-287 Sec 9010...       782
         reconstruction activities.
      Afghanistan coalition forces
        Funding availability...........  PL 109-148 Sec 9009...       735
      Africa
        Conflict resolution............  PL 103-381 Sec 9......       194
      Africa, Horn of
        Relief and recovery program....  PL 102-274 Sec 9......       210
      Agricultural commodity sales.....  PL 83-480 Sec 407(f)..      1382
        Foreign currency uses..........  PL 81-439 Sec               1447
                                          416(b)(9)(B).
      Allied burden sharing
        Efforts to increase............  PL 105-85 Sec 1221(c).       972
                                         PL 104-201 Sec 1084(c)       999
      Anglo-Irish Agreement
        U.S. contributions in support    PL 99-415 Sec 6.......       358
         of.
      Arctic Military Environmental
       Cooperation program
        Review of......................  PL 108-136 Sec 324....       785
      Armed Forces
        Contingency operations.........  10 USC 113(m).........       598
        Roles and missions.............  PL 102-484 Sec 901....      1086
      Arms control agreement
        Verification of................  PL 101-510 Sec 3151...      1191
                                         PL 101-189 Sec 903....      1202
      Arms exports
        Dual-use technologies..........  PL 103-160 Sec 1422...      1065
      Arms sales
        Brokers activities.............  PL 107-228 Sec 1205...       411
        Iraq or Iran...................  PL 102-484 Sec 1607...        29
        License approvals..............  PL 107-228 Sec 1205...       411
      Asia
        U.S. military presence in......  PL 102-190 Sec 1043(c)      1140
      Ballistic missile defenses
        Russian Federation/United        PL 108-136 Sec 3622(b)       805
         States/NATO cooperation.
      Ballistic missile launch early
       warning data
        Sharing and exchange of........  PL 106-398 Sec 1232...       869
      Belarus
        Arms sales.....................  PL 108-347 Sec 7......        60
      Bosnia and Kosovo peacekeeping
       operations
        Funding limitation waiver......  PL 107-107 Sec 1005(b)       849
                                         PL 106-398 Sec 1005(b)       859
                                         PL 106-65 Sec                887
                                          1006(a)(2).
      Bosnia peacekeeping operations
        Funding limitation waiver......  PL 105-261 Sec 1004(c)       926
      Bosnia-Herzegovina
        Peacekeeping deployment........  PL 103-337 Sec 1402...      1045
      Burden sharing contributions.....  10 USC 2350j..........       662
      Careers in nonproliferation
        Expenditures to encourage......  PL 107-314 Sec 4304(g)       840
      Caribbean area free trade zone
        Effect on United States........  PL 102-532 Sec 5......       268
      Central European Small Business    67 Stat 232...........       161
       Enterprise Development
       Commission.
      Chemical and biological warfare    PL 103-160 Sec 1703...      1077
       readiness.
      Chemical weapons
        NATO member nations............  PL 99-145 Sec 1411(g).      1292
    Reports to Congress--Continued
      Chemical weapons--Continued
        Transfer to Johnston Island....  PL 101-510 Sec 364....      1164
        U.S. stockpile destruction.....  PL 99-145 Sec 1412(g).      1297
      Chemical, biological,
       radiological, or nuclear attack
        U.S. preparedness..............  PL 104-106 Sec 379....      1007
      China
        Espionage and other              PL 106-65 Sec 3151....       917
         intelligence activities.
        Military capability............  PL 105-85 Sec 1226....       977
        Military power.................  PL 106-65 Sec 1202....       903
        Significant technology           PL 107-107 Sec 1223(b)       854
         transfers to.
        Task force to monitor products   PL 106-286 Sec 505....       341
         of forced or prison labor.
      Civilian law enforcement
        Assistance by U.S. military....  PL 106-65 Sec 1027(b).       892
      Colombia
        Drug control strategy..........  PL 106-246 Sec 3202...       219
        Terrorist organizations........  PL 108-375 Sec 1021(e)       753
        U.S. military activities in....  PL 106-65 Sec 1025....       892
      Colombia drug control
        U.S. military and civilian       PL 106-246 Sec 3204(f)       224
         personnel.
      Commodity Credit Corporation
        Export assistance..............  PL 95-501 Sec 603.....      1529
      Congressional Hunger Fellows       PL 107-171 Sec 4404(h)      1416
       Program.
      Congressional-Executive            PL 106-286 Sec 302(g).       333
       Commission on the People's
       Republic of China.
      Cost of Operation Desert Storm...  PL 102-25 Sec 401.....        36
      Cost-sharing agreements
        Joint Data Exchange Center.....  PL 107-314 Sec               813
                                          1203(a)(3).
      Counter-drug activities
        Expansion of support for.......  PL 106-398 Sec 1023...       863
      Counterterrorism and
       antiterrorism activities
        Oversight of...................  PL 105-85 Sec 1051....       958
      Cuba
        Assistance from any independent  PL 104-114 Sec 106....       237
         state of the former Soviet
         Union.
        Commerce with and assistance     PL 104-114 Sec 108....       238
         from other countries.
        U.S. economic assistance.......  PL 104-114 Sec 202(g).       249
      Debts, foreign
        Relief of......................  PL 83-480 Sec 618.....       278
      Defense authorizations, FY 1994
        Transfer of....................  PL 103-160 Sec 1101(b)      1054
      Defense contractors
        Transactions with terrorist      PL 103-160 Sec 843....      1052
         countries.
      Defense Cooperation Account
        Transfer of funds..............  PL 102-25 Sec 105-106.        35
      Defense exports
        Loan guarantees................  PL 108-287 Sec 8065...       782
      Defense offsets
        Multilateral treaty feasibility  PL 106-113 Sec 1248(b)       472
      Democracy Corps
        Activities.....................  PL 102-511 Sec 401(i).        86
      Department of Defense
        Antiterrorism activities.......  PL 105-85 Sec 1052(e).       960
        Counterdrug activities.........  PL 105-277 Sec 851(d).       373
        Programs combating terrorism...  10 USC 229(d).........       610
        Rapid Assessment and Initial     PL 106-65 Sec 1036....       894
         Detection teams.
        Security and reconstruction      PL 108-136 Sec 1203...       794
         activities in Iraq.
        Transported humanitarian relief  PL 98-525 Sec 1540(e).      1322
         supplies.
    Reports to Congress--Continued
      Department of Defense
       Appropriations Act, 1990
        Recurring provisions...........  PL 101-189 Sec 1624...      1217
      Department of Defense operations
        Security or counterintelligence  10 USC 2723...........       685
         failures.
      Department of Energy
        Nonproliferation monitoring....  PL 106-398 Sec 3173...       879
      Developing countries
        Special operations forces        10 USC 2011(e)........       630
         training.
      Disaster assistance
        Bangladesh.....................  PL 100-576 Sec 5......       354
      Drawdown support
        Prior congressional              PL 108-11 Sec 1307....        10
         notification.
                                         PL 108-11 Sec 1309....        10
      Drug control
        Andean countries...............  PL 101-623 Sec 4(b)...       382
                                         PL 101-510 Sec 1009...      1173
        Counter-drug activities........  PL 101-510 Sec 1007...      1172
        Interdiction of vessels and      PL 99-661 Sec 1373....      1283
         vehicles.
        National Drug Operations Center  PL 101-189 Sec 1213...      1214
        Supplemental appropriations,     PL 106-246 Title III..       216
         2000.
        Support by Department of         PL 100-456 Sec 1107...      1237
         Defense.
        Use of OH-58D helicopter.......  PL 101-510 Sec 1008...      1172
      Drug control in Colombia
        U.S. personnel involved........  PL 106-246 Sec 3204(f)       224
      East Asia
        U.S. military presence in......  PL 101-189 Sec 915(c).      1209
      Eastern Europe
        Nuclear facilities safety......  PL 102-484 Sec 3202(c)      1130
      Eisenhower Exchange Fellowships,
       Incorporated
        Appropriations authorization...  PL 101-454 Sec 7......       118
      Eligible export vessels
        Loan guarantees................  49 Stat 1985 Sec             553
                                          1111(4).
      Enterprise for the Americas        PL 83-480 Sec 614.....       275
       Facility.
      Export control mechanisms........  PL 104-106 Sec 1324(b)      1016
      Export financing
        Military equipment, U.S........  PL 101-189 Sec 825(b).      1199
        Non-defense production.........  PL 101-510 Sec 4303...      1193
      Export loan guarantees...........  PL 104-106 Sec 1321...      1012
      Export vessels
        Loan guarantees................  49 Stat 1985 Sec 1111.       552
      Export-Import Bank
        Loan authority increase........  PL 101-510 Sec 4303...      1193
      Exports
        Review of impact on U.S.         PL 108-136 Sec 1211...       796
         military capability.
      Exports of high performance        PL 105-85 Sec 1212....       969
       computers.
      Financial services
        Access to by poor people         PL 106-309 Sec 108....       498
         overseas.
      Food aid
        Africa.........................  PL 99-8 Sec 6.........       214
        President's Emergency Food       PL 98-473 Sec 304.....      1473
         Assistance Fund.
      Forced labor products
        Destined for the U.S. market...  PL 105-261 Title             947
                                          XXXVII.
      Foreign aid
        Sub-Saharan Africa.............  PL 105-385 Sec 301....       188
      Foreign countries
        Logistical support               PL 108-11 Sec 1310....        11
         reimbursement.
        Military-based satellite access  PL 102-484 Sec 1363...      1100
      Foreign currencies
        Agreements on use of...........  PL 83-480 Note........      1400
      Foreign Currency Fluctuations,     PL 87-293 Sec 16(h)...      1590
       Peace Corps Account.
    Reports to Congress--Continued
      Foreign debt
        Agricultural trade.............  PL 101-624 Sec              1434
                                          1542(e)(2).
      Foreign debt cancellations.......  PL 106-113 Sec 501(f).       523
      Foreign governments
        Offset policy..................  PL 100-456 Sec 825(d).      1232
      Foreign legal actions against
       U.S. persons
        Remedies in response to........  PL 108-136 Sec 1232(b)       800
      Foreign market development
       cooperator program
        Eligible trade organizations...  PL 95-501 Sec 702(c)..      1530
      Foreign security forces training
       prohibition
        Waiver of......................  PL 109-148 Sec 8069(c)       731
      Foreign service officers
        Specialized training...........  PL 106-87 Sec 5.......       534
      Former Soviet Union
        Commercial bank debt...........  PL 102-511 Sec 1007...       105
        Denuclearization...............  PL 102-484 Sec 1321(c)      1096
      Forward basing of U.S. Armed
       Forces
        Requirements for...............  PL 105-85 Sec 1043(c).       958
      General Accounting Office
        International Monetary Fund      PL 106-113 Sec 504(e).       526
         practices.
        World Bank AIDS Trust Fund.....  PL 106-264 Sec 131(b).       515
      Global Alliance for Vaccines and   PL 106-264 Sec 112....       511
       Immunizations and International
       Aids Vaccine Initiative
      Good Neighbor Environmental Board  PL 102-532 Sec 6(d)...       269
      Health and Human Services
       vaccination programs
        Department of Defense support..  PL 103-160 Sec 1705(b)      1079
      Helsinki Joint Statement.........  PL 105-85 Sec 1229....       981
      Humanitarian assistance
        Department of Defense            PL 103-160 Sec 1504...      1072
         activities.
        Department of Defense overseas   PL 104-106 Sec 1311...      1011
         programs.
        Soviet Union...................  PL 102-228 Sec 302....       108
        Unauthorized countries.........  10 USC 2561(d)........       678
      Hungary
        Environmental assessment.......  PL 101-179 Sec 703....       145
      Immigration and Naturalization
       Service
        Assistance by U.S. military....  PL 106-65 Sec 1027....       892
      Importing narcotic raw material
        U.S. policy on.................  PL 101-647 Sec 2501...       387
      Independent states of the former
       Soviet Union
        Multilateral investment          PL 102-511 Sec 1009...       105
         guarantees.
        Nuclear facilities safety......  PL 102-484 Sec 3202(c)      1130
        Proposed obligations...........  PL 102-511 Sec 508....        92
        Space related trade............  PL 102-511 Sec 603....        98
      Initiatives for Proliferation      PL 107-314 Sec 4302(c)       836
       Prevention.
      Intelligence collections systems
        Training exercises.............  PL 102-190 Sec 924(b).      1138
      International arms control and     PL 107-228 Sec 1309...       421
       nonproliferation strategy.
      International arms sales
        Global code of conduct.........  PL 106-113 Sec 1262(c)       474
      International Atomic Energy
       Agency
        Assistance to Iran.............  PL 107-228 Sec 1344...       433
      International cooperative          PL 105-261 Sec 3160(b)       945
       information exchange.
      International Monetary Fund
        Practices consistent with U.S.   PL 106-113 Sec 504(e).       526
         policies.
    Reports to Congress--Continued
      Iran
        Russian proliferation of         PL 107-314 Sec 1206...       815
         weapons of mass destruction.
      Iraq
        Foreign aid....................  PL 105-338 Sec 4(d)...        24
        International export of          PL 101-513 Sec 586J...        54
         technology.
        Military and political           PL 109-1487 Sec 9010..       735
         stability in.
        Military operations and          PL 108-287 Sec 9010...       782
         reconstruction activities.
        Natural Resources Risk           PL 108-11 Title I.....         8
         Remediation Fund.
        Offensive military capability..  PL 101-513 Sec 586J(b)        55
        Sanctions against..............  PL 101-513 Sec 586J(c)        55
        Stabilization strategy.........  PL 108-375 Sec 1204...       763
        Weapons of mass destruction....  PL 108-136 Sec 1204...       795
      Iraq Freedom Fund
        Supplemental appropriations,     PL 108-11 Title I.....         6
         2003.
      Iraq Relief and Reconstruction
       Fund
        Advance notification...........  PL 108-11 Ch 5........        12
      Iraq Sanctions Act of 1992
        Suspension of provisions by      PL 108-11 Sec 1503....        17
         President.
      Iraqi coalition forces
        Funding availability...........  PL 109-148 Sec 9009...       735
      Iraqi security forces
        Establishing...................  PL 108-375 Sec 1204(c)       764
      Israel-U.S. defense industrial     PL 102-484 Sec 205....      1084
       cooperation.
      Israel-U.S. relations
        Loan guarantees................  PL 108-11 Ch 5........        15
      Japan
        U.S. defense expenditures in...  PL 100-456 Sec 1009(b)      1236
                                         PL 100-180 Sec 1011...      1263
      Japan-U.S. security relations....  PL 103-337 Sec 1325...      1044
      Joint Data Exchange Center
        Plans for......................  PL 106-398 Sec 1231(c)       869
      Jordan
        Logistical support               PL 108-11 Sec 1310....        11
         reimbursement.
      Korea
        Security situation in..........  PL 102-190 Sec 1044(c)      1143
      Korean peninsula
        Security situation on..........  PL 106-65 Sec 1233....       911
      Kosovo
        Withdrawal of U.S. military      PL 106-398 Sec 1212...       865
         from.
      Land mine clearing...............  PL 103-160 Sec 306(b).      1052
      Latin America and the Caribbean
        Presence of Al Qaeda and         PL 108-375 Sec 1047...       757
         associated groups.
      Latin America free trade zone
        Effect on United States........  PL 102-532 Sec 5......       268
      Less developed countries
        Development and use of           PL 106-309 Sec 401(d).       505
         cooperatives.
      Major theater wars
        Allied nations capabilities to   PL 106-65 Sec 1222....       909
         control.
      Malta-U.S. relations
        Static cargo x-ray facility....  PL 106-280 Sec 304....       450
      Merged or ``M'' accounts
        Reobligations..................  PL 102-484 Sec 1003...      1087
      Military capability assessment...  10 USC 113(i).........       597
      Military cooperation
        National security impact.......  PL 103-337 Sec 1314...      1036
      Military, U.S....................  PL 93-365 Sec 302.....      1338
        Outer space control              PL 100-456 Sec 243....      1229
         capabilities.
      Missile technology transfer
        Control of.....................  PL 101-189 Sec 1639...      1220
    Reports to Congress--Continued
      Money laundering
        Information access.............  PL 100-690 Sec 4702(d)       400
      Multinational economic embargoes
        Against foreign countries......  PL 106-65 Sec 1231....       910
      Multinational peacekeeping         PL 103-160 Sec 1502...      1069
       activities.
      Mutual defense arrangements......  PL 101-510 Sec 1457...      1179
      Mutual defense treaties
        Cost-sharing agreements........  PL 102-190 Sec 1046(e)      1144
      Narcotics
        Detection technologies.........  PL 105-85 Sec 1034....       957
      Narcotics traffickers
        Extradition of.................  PL 106-246 Sec 3203...       220
      National Advisory Council on       PL 99-570 Sec 2018(c).       403
       International Monetary and
       Financial Policies.
      National Commission on Defense     PL 101-511 Sec 8104...      1222
       and National Security.
      National Commission on the Use of  PL 106-113 Sec 1247(d)       470
       Offsets in Defense Trade.
      National Drug Operations Center
        Feasibility study..............  PL 101-189 Sec 1213...      1214
      National security
        Export controls................  PL 104-106 Sec 1322(c)      1013
      National Security Assistance       PL 106-280 Sec 501....       451
       Strategy.
        Formulating and implementing...  PL 107-228 Sec 1501...       436
      National security threats
        Guidelines for detecting.......  10 USC 113(k).........       598
      NATO
        Analysis of enlargement costs..  PL 105-85 Sec 1223(c).       974
        Armaments cooperation with       PL 98-525 Sec 1006....      1317
         member countries.
        Assignment of missions among     PL 100-463 Sec 8125...      1246
         member countries.
        Burden sharing.................  PL 106-398 Sec 1221(b)       867
        Defense Capabilities Initiative  PL 106-65 Sec 1039....       896
        Defense program for FY 1990....  PL 100-456 Sec 1005...      1235
        Deterrence requirements........  PL 100-180 Sec 1001...      1261
        Enlargement....................  PL 104-201 Sec 1048...       993
        Enlargement costs to Department  PL 105-85 Sec 1223(d).       974
         of Defense.
        Force reductions implications..  PL 101-189 Sec 902....      1201
        U.S. expenditures in support of  PL 98-94 Sec 1107.....      1331
        Use of U.S. military             PL 101-510 Sec 2503...      1185
         installations.
      NATO alliance expansion
        Military capabilities..........  PL 105-261 Sec 1222...       937
      NATO Prague Capabilities
       Commitment
        Implementation of..............  PL 108-136 Sec 1231(b)       798
      NATO Task Force
        Development of.................  PL 108-136 Sec 1231(b)       798
      NATO-U.S. relations
        Roles and missions support       PL 103-337 Sec 1313...      1035
         costs.
      NBC weapons
        Transfers by foreign countries.  PL 107-228 Sec 1308...       419
      New Iraqi Army
        Training and equipment funding.  PL 109-148 Sec 9006...       734
                                         PL 109-13 Title I.....       740
      Non-NATO
        Cross-servicing agreements with  10 USC 2349a..........       648
         the United States.
      North Atlantic Treaty............  PL 103-160 Sec 1411(c)      1063
                                         PL 102-484 Sec 1314(b)      1094
      North Korea
        Ballistic missile threat.......  PL 106-398 Sec 232....       856
      Nuclear Cities Initiative........  PL 107-314 Sec 4302(c)       836
        Project review procedures......  PL 107-314 Sec 4304(d)       839
        Russian Federation-U.S.          PL 107-314 Sec 4304(e)       839
         agreement.
    Reports to Congress--Continued
      Nuclear Cities Initiative--
       Continued
        U.S. agency contributions......  PL 107-314 Sec               836
                                          4302(b)(4).
        Weapons of mass destruction      PL 107-314 Sec 4302(b)       836
         facilities in Russia.
      Nuclear materials protection
       program funds
        Use outside former Soviet Union  PL 108-136 Sec               802
                                          3124(c)(2).
      Nuclear Materials Protection,      PL 107-314 Sec 4303...       837
       Control, and Accounting Program.
        Access policy..................  PL 107-314 Sec               838
                                          4303(c)(2).
      Nuclear materials risk
        Mitigating threats.............  PL 108-375 Sec 3132(d)       777
      Nuclear materials security
        International program to         PL 107-314 Sec 3158...       827
         strengthen.
      Nuclear test monitoring equipment
        Furnished to foreign             10 USC 2565(c)........       681
         governments.
      Nuclear test readiness...........  PL 104-201 Sec 3158...      1001
      Nuclear test readiness postures..  PL 107-314 Sec 4208...       831
      Nuclear weapons
        Dismantlement of...............  PL 102-484 Sec 3151(d)      1128
                                         PL 101-510 Sec 3151...      1191
        National security requirements.  PL 102-190 Sec 3142...      1158
        Nonproliferation activities....  PL 102-484 Sec 1503(a)      1110
                                         PL 102-484 Sec 1505(e)      1114
      Nuclear winter...................  PL 99-661 Sec 1371....      1282
      Operation Allied Force
        Conduct of military operations.  PL 106-65 Sec 1211....       905
        Costs to United States.........  PL 106-398 Sec 1221(a)       867
      Operation Desert Storm
        Costs offset by foreign country  PL 102-25 Sec 401.....        36
         contributions.
      Operation Enduring Freedom
        Military operations conducted    PL 107-314 Sec 1043...       809
         under.
      Operation Enhanced Southern Watch  PL 104-201 Sec 1041...       991
      Operation Iraqi Freedom
        Conduct of.....................  PL 108-136 Sec 1202...       792
        Post-major combat operations...  PL 108-375 Sec 1042...       754
      Operation Provide Comfort........  PL 104-201 Sec 1041...       991
      Overseas Military Facility
       Investment Recovery Account
        Host nation agreements.........  PL 101-510 Sec              1190
                                          2921(g)(2).
      Overseas Private Investment
       Corporation
        Investment Advisory Council....  PL 106-200 Sec 123(c).       176
      Overseas Workload Program........  PL 100-180 Sec 1021...      1265
      Pacific
        U.S. force structure in........  PL 107-314 Sec 1211...       818
      Pacific Rim
        U.S. military presence in......  PL 102-190 Sec 1043(c)      1140
      Pakistan
        Logistical support               PL 108-11 Sec 1310....        11
         reimbursement.
      Palestine Authority
        Commitments to Israel..........  PL 107-228 Sec 603....       293
      Palestine Liberation Organization
        Commitments to Israel..........  PL 107-228 Sec 603....       293
        Responses to terrorism.........  PL 103-236 Sec               306
                                          583(b)(6).
      Peace Corps......................  PL 87-293 Sec 11......      1581
                                         PL 99-83 Title XI.....      1606
        Employment related matters.....  PL 102-565 Sec 4......      1604
        Health care services evaluation  PL 102-565 Sec 3......      1603
      Peace Corps National Advisory      PL 87-293 Sec 12(i)...      1584
       Council.
      Peacekeeping in Kosovo
        Support from European nations..  PL 106-398 Sec 1213...       866
      Persian Gulf
        U.S. strategic posture in......  PL 102-484 Sec 1331...      1097
      Persian Gulf conflict
        Conduct of.....................  PL 102-25 Sec 501.....        40
    Reports to Congress--Continued
      Persian Gulf crisis
        Foreign country contributions..  PL 102-25 Sec 402.....        38
      Persian Gulf Regional Defense
       Fund
        Transfer of funds..............  PL 102-25 Sec 105-106.        35
      Peru
        Drug control...................  PL 105-277 Sec 822(b).       367
      Peruvian attack on U.S. military   PL 103-160 Sec 1434...      1068
       personnel.
                                         PL 103-139 Sec 8099...      1081
      Plan Colombia
        Costs to support...............  PL 106-246 Sec 3204(e)       223
      Plutonium from the Independent
       states of the former Soviet
       Union
        Purchasing.....................  PL 108-136 Sec 3123(b)       801
      Poland
        Agricultural assistance........  PL 101-179 Sec 701....       145
        Confidence building measures...  PL 101-179 Sec 702....       145
        Environmental assessment.......  PL 101-179 Sec 703....       145
      Post-conflict Iraq
        U.S. assistance strategy.......  PL 108-11 Sec 1506....        18
      President
        Bosnia and Herzegovina.........  PL 105-85 Sec 1205....       966
        Bosnia-Herzegovina.............  PL 105-261 Sec 1203...       932
        Nonproliferation and threat      PL 107-228 Sec 1339...       432
         reduction objectives.
      Programs and projects
        International Atomic Energy      PL 107-228 Sec 1343...       432
         Agency.
      Property services and supplies
        Accepted from foreign            10 USC 2608...........       682
         governments.
      Reducing child hunger
        Multilateral support for.......  PL 107-171 Sec 3107(h)      1405
      Republic of Korea
        Military readiness.............  PL 103-337 Sec 1322...      1040
      Riverine counter-drug program
        Review of......................  PL 106-398 Sec 1024...       863
      Russian American Observation
       Satellites program
        Protecting U.S. technology.....  PL 106-398 Sec 216....       856
      Russian Federation
        Debt discussion with other       PL 107-228 Sec 1318...       428
         creditor states.
        Denuclearization...............  PL 102-484 Sec 1321(c)      1096
      Russian Federation Debt for
       Nonproliferation Act of 2002
        Implementation of..............  PL 107-228 Sec 1321...       428
      Russian Federation
       Nonproliferation Investment
       Agreement
        Entering into..................  PL 107-228 Sec 1315...       426
      Russian fissile materials
        Protection and control of......  PL 107-314 Sec 4305...       841
      Russian nuclear weapons launch
        Risk reduction.................  PL 108-375 Sec 1214...       770
      Sales of prohibited defense        10 USC 2390...........       667
       articles.
      Satellite exports
        Department of Defense national   PL 108-136 Sec 1212...       796
         security control costs.
      Secretary of Defense.............  PL 108-375 Sec 1093...       759
        Bosnia and Herzegovina.........  PL 105-85 Sec 1204....       965
        Bosnia-Herzegovina.............  PL 105-261 Sec 1204...       934
        Buy American Act waivers.......  PL 102-190 Sec 833....      1137
                                         PL 101-189 Sec 823....      1198
        Contractors in Iraq............  PL 108-375 Sec 1205(c)       765
        Global strike capability plan..  PL 108-136 Sec 1032(b)       790
        Global war on terrorism........  PL 108-375 Sec 1041...       754
        Humanitarian assistance........  10 USC 2561(c)........       678
        Land mine alternatives.........  PL 105-261 Sec 248(d).       921
        Military force structure.......  10 USC 113............       596
    Reports to Congress--Continued
      Secretary of Defense--Continued
        Military operations objectives.  PL 105-261 Sec 1212...       936
        Military strategy report.......  PL 101-510 Sec 901....      1165
        Missing Indochina War personnel  PL 103-337 Sec 1034...      1029
        Overseas environmental           PL 101-510 Sec 342....      1162
         provisions.
        POW/MIA........................  PL 103-337 Sec 1032...      1028
        POW/MIA in North Korea.........  PL 103-337 Sec 1035(b)      1029
        U.S. Armed Forces operations...  PL 105-261 Sec 1211...       935
      Secretary of the Treasury
        World Bank AIDS Trust Fund.....  PL 106-264 Sec 131(a).       515
      Security arrangements with         PL 101-510 Sec 1456...      1179
       foreign countries.
      Somalia
        Intelligence assessment........  PL 103-337 Sec 1403...      1047
      South Asia
        U.S. nuclear and missile         PL 107-228 Sec 1601(c)       437
         nonproliferation objectives.
      Soviet Union
        Emergency airlift assistance...  PL 102-228 Sec               107
                                          301(b)(2).
      Soviet Union, former-U.S.
       relations
        Demilitarization programs......  PL 102-484 Sec 1431-        1107
                                          1432.
      Soviet Union, former, independent
       states of
        Assistance strategy............  PL 102-511 Sec 103-104        77
      Strategic Concept of NATO
        Impact on the United States....  PL 106-65 Sec 1221....       909
      Strategic Defense Initiative.....  PL 100-180 Sec 231....      1256
        Development plans and costs....  PL 100-180 Sec 232....      1258
        FY 1988 funding allocation.....  PL 100-180 Sec 234....      1260
      Strategic nuclear warheads
        Dismantling of.................  PL 108-136 Sec 1033...       790
      Sub-Saharan Africa
        Foreign aid....................  PL 105-385 Sec 301....       188
      Sugar imports
        Cuban produced.................  PL 99-198 Sec               1454
                                          902(c)(2).
      Super computers sales to certain   PL 105-85 Sec 3157....       984
       countries.
      Support for East European          PL 101-179 Sec 704....       146
       Democracy (SEED).
      Taiwan
        Military aid...................  PL 107-228 Sec 1263...       415
        Military officer exchanges.....  PL 107-314 Sec 1210...       817
      Terrorism
        Department of Defense programs   PL 106-65 Sec 932.....       885
         to combat.
        Military operations to combat..  PL 108-375 Sec 1208...       768
      U.S. Armed Forces abroad
        Review of......................  PL 104-201 Sec 1084(d)       999
      U.S. counternarcotics strategy
        Colombia and neighboring         PL 106-246 Sec 3202...       219
         countries.
      U.S. defense expenditures in.....  PL 101-189 Sec 913....      1206
      U.S. military
        Mobility requirements..........  PL 101-510 Sec 909(b).      1166
        Readiness......................  PL 106-65 Sec 1035....       893
      U.S. military bases in the         PL 100-456 Sec 1308(b)      1243
       Philippines.
      U.S. military engagement in
       Europe
        Study on costs and benefits....  PL 106-398 Sec 1223...       868
      U.S. military stationed abroad...  PL 102-484 Sec 1304...      1092
        Costs assessment...............  10 USC 113(j).........       598
        Europe.........................  PL 101-189 Sec 912(e).      1205
        Review of......................  PL 105-85 Sec 1221(d).       972
      U.S. military stationed in Andean  PL 101-623 Sec 8......       384
       countries.
      U.S. nonproliferation activities.  PL 107-314 Sec 1205...       815
      U.S. trade and investment          PL 106-200 Sec 106....       173
       policies in sub-Saharan Africa.
    Reports to Congress--Continued
      United Nations
        International peacekeeping       PL 102-484 Sec 1341...      1098
         activities.
        Reforming peace operations.....  PL 103-337 Sec 1401...      1044
      United States Customs Service
        Assistance by U.S. military....  PL 106-65 Sec 1027....       892
      United States Microfinance Loan    PL 106-309 Sec 107....       498
       Facility.
      United States-China bilateral
       trade relations
        National security impact.......  PL 106-398 Sec               876
                                          1238(c)(1).
      United States-Cuba Council.......  PL 104-114 Sec 203(c).       250
      United States-People's Republic    PL 104-106 Sec 1343...      1019
       of China Joint Defense
       Conversion Committee.
      Uranium from the Independent
       states of the former Soviet
       Union
        Purchasing.....................  PL 108-136 Sec 3123(b)       801
      Uruguay Round Agreement on
       Agriculture
        Implementation of commitments..  PL 95-501 Sec 106.....      1504
      Waiver of aid prohibition to       10 USC 2249a(b)(2)....       637
       terrorist countries.
      Weapons proliferation and export
       control capabilities
        Training programs..............  PL 107-228 Sec 1302...       416
      Weapons technology transfer......  PL 102-190 Sec 1097...      1153
      Western Hemisphere
        Regional security programs.....  PL 103-337 Sec 1315(b)      1038
      World Trade Organization
       obligations
        Compliance by China............  PL 106-286 Sec 421....       339
    Research and Training for Eastern    PL 98-164 Sec 801.....       154
     Europe and the Independent States
     of the Former Soviet Union Act of
     1983.
    Rice surplus
      Overseas donations...............  PL 81-439 Sec 416(b)..      1441
     Riot control agents
       Use by U.S. Armed Forces
         Not defined as chemical         PL 109-163 Sec 1232...       712
         weapons.
    Ronald W. Reagan National Defense    PL 108-375 Sec 1......       746
     Authorization Act for Fiscal Year
     2005.
    Russia-U.S. relations
      Fissile materials
        Improving control and            PL 107-314 Sec 4305...       841
         accountability of.
       Missile defense cooperation.....  PL 109-163 Sec 1226...       709
       Nonstrategic nuclear weapons
       inventory
         Reports to Congress...........  PL 109-163 Sec 3115...       724
      Nuclear weapons
        Reductions.....................  PL 102-484 Sec 1321...      1094
      Space cooperation
        Annual report to Congress......  PL 106-280 Sec 708....       460
      Vancouver Declaration............  PL 103-199 Sec 102....        68
      Weapons of mass destruction
       facilities
        Closing of.....................  PL 107-314 Sec 4302(b)       836
      Yamantau Mountain project
        Sense of Congress..............  PL 105-85 Sec 1227....       979
    Russian American Observation
     Satellites program
      Protecting U.S. technology
        Report to Congress.............  PL 106-398 Sec 216....       856
    Russian Democracy Act of 2002......  PL 107-246............        62
      Purposes of......................  PL 107-246 Sec 2(b)...        63
      Russian Federation transition
        Findings of Congress...........  PL 107-246 Sec 2(a)...        62
    Russian Far East
      Business opportunities
        Technical assistance...........  PL 102-511 Sec 307....        84
    Russian Federation Debt for          PL 107-228 Sec 1311...       422
     Nonproliferation Act of 2002.
      Implementation of
        Report to Congress.............  PL 107-228 Sec 1321...       428
    Russian Federation Nonproliferation
     Investment Agreement.
      Authority of President...........  PL 107-228 Sec 1314...       424
                                         PL 107-228 Sec 1315...       426
      Report to Congress...............  PL 107-228 Sec 1315...       426
    Russian Federation-U.S. relations
      Assistance programs..............  PL 107-246 Sec 5......        65
      Ballistic missile defense
        NATO cooperation encouraged....  PL 108-136 Sec 3623...       805
      Ballistic missile launches
        Exchanging data................  PL 106-398 Sec 1232...       869
      Center for Independent Press and   PL 107-228 Sec 1316...       427
       the Rule of Law.
      Commercial space launch
       cooperation
        Sense of Congress..............  PL 106-65 Sec 1611....       915
      Cost-sharing agreements
        Report to Congress.............  PL 107-314 Sec               813
                                          1203(a)(3).
      Debt-for-nonproliferation          PL 107-228 Sec               423
       exchange.                          1312(a)(9).
      Denuclearization
        Report to Congress.............  PL 102-484 Sec 1321(c)      1096
      Joint Data Exchange Center
        Ballistic missile launches.....  PL 106-398 Sec 1231(a)       868
        Cost-sharing agreements........  PL 107-314 Sec               813
                                          1203(a)(1).
        Establishment of...............  PL 106-398 Sec 1231(a)       868
        Liability limitation...........  PL 107-314 Sec               813
                                          1203(a)(2).
        Limitation on funding..........  PL 107-314 Sec 1203...       778
        Report to Congress.............  PL 106-398 Sec 1231(c)       869
      National security
        Findings of Congress...........  PL 107-228 Sec 1312...       422
      Nuclear Cities Initiative........  PL 107-314 Sec 4304...       838
      Nuclear weapons launch
        Risk reduction.................  PL 108-375 Sec 1214...       770
      Plutonium production elimination
        Program transfer...............  PL 107-314 Sec 3151...       821
      Promoting democracy..............  PL 107-246 Sec 3......        64
      Regional Initiatives program       PL 107-246 Sec 5......        65
       support.
      Russian tactical nuclear weapons
        Inventory of...................  PL 108-136 Sec 3621...       804
      Terrorism
        State sponsors of..............  PL 107-228 Sec 1317...       427
      Threat Reduction Working Group
        Established....................  PL 108-136 Sec 3622...       804
      Weapons stockpiles
        Control and destruction of.....  PL 107-228 Sec 1312...       422
    Rwanda-U.S. relations
      International tribunal
        Judicial assistance............  PL 104-106 Sec 1342...      1018
      Refugee relief
        Defense Department supplemental  PL 103-337 Sec 1002(b)      1025
         appropriations.

                                        S

    Sanctions
      Against Belarus
        Sense of Congress..............  PL 108-347 Sec 5......        59
      Against certain persons
        Arms sales to Iraq or Iran.....  PL 102-484 Sec 1604...        27
      Against Cuba
        Strengthening..................  PL 104-114 Sec 101....       234
      Against Ethiopia.................  PL 100-456 Sec 1310...      1243
    Sanctions--Continued
      Against foreign countries
        Arms sales to Iraq or Iran.....  PL 102-484 Sec 1605...        28
      Against India
        Waiver of......................  PL 106-79 Sec 9001....       348
      Against Iraq.....................  PL 101-513 Sec 586C...        47
                                         PL 101-513 Sec 586G...        52
                                         PL 101-510 Sec 1458...      1180
        Humanitarian assistance          PL 101-513 Sec 586C(b)        48
         exemptions.
        Report to Congress.............  PL 101-513 Sec 586J(c)        55
        Termination of.................  PL 101-513 Sec 586C(c)        48
        Violations of..................  PL 101-513 Sec 586E...        49
        Waiver of......................  PL 101-513 Sec 586H...        53
      Against Iraq or Iran
        Waiver of......................  PL 102-484 Sec 1606...        29
      Against Pakistan
        Waiver of......................  PL 106-79 Sec 9001....       348
      Against Serbia and Montenegro....  PL 103-160 Sec 1511...      1073
      Agriculture Export Relief Act of
       1998
        Exemptions.....................  PL 105-194............       351
      Cuba
        Countries assisting............  PL 102-484 Sec 1704...      1121
      Pakistan
        Waiver authority...............  PL 107-57 Sec 2.......       346
      Palestine Authority
        Commitments to Israel..........  PL 107-228 Sec 604....       294
      Palestine Liberation Organization
        Commitments to Israel..........  PL 107-228 Sec 604....       294
    Sapoa Agreement
      Verification Commission
        Support funding................  PL 100-276 Sec 9......       289
    Satellite exports
      National security control costs
        Report to Congress.............  PL 108-136 Sec 1212...       796
    Saudi Arabia-U.S. relations
      Aircraft
        Transfer to....................  PL 100-456 Sec 1306...      1241
    Science and technology
      (see also Technical assistance)
      China-U.S. agreement on
        Monitoring implementation of...  PL 107-314 Sec 1207...       815
    Scientific exchange
      (see Educational and cultural
       exchange)
    Sea law
      Military training operations.....  PL 93-365 Sec 704.....      1339
    SEASPARROW Cooperative Program
      Continued participation in.......  PL 98-525 Sec 1004....      1317
    Secondary schools
      (see Educational and cultural
       exchange)
    Security Assistance Act of 1999....  PL 106-113 Sec 1201...       463
    Security Assistance Act of 2000....  PL 106-280............       446
    Security Assistance Act of 2002....  PL 107-228............       410
    Security assistance, U.S.
      (see Military aid, U.S.)
    Security studies regional centers
     (DOD)
      Accepting foreign gifts and        10 USC 2611...........       684
       donations.
    Security supporting assistance
      (see Economic Support Fund)
    Serbia-U.S. relations
      Foreign aid prohibition..........  PL 103-160 Sec 1511...      1073
    Silk Road Initiative
      Appropriations authorization.....  PL 108-375 Sec 3133...       778
      Program authorization............  PL 108-375 Sec 3133...       778
    Sinai Field Mission
      Facilities transfer to Egypt.....  PL 96-35 Sec 6........       320
    Slovakia-U.S. relations
      NATO Participation Act of 1994
        Assistance eligibility.........  PL 107-187 Sec 4......       444
    Small Business Act.................  67 Stat 232...........       160
    Small Business Administration
      Central European small business
        Appropriations authorization...  67 Stat 232...........       161
    Social development
      (see Human rights)
      (see United Nations)
    Somalia-U.S. relations
      Findings of Congress.............  PL 102-274 Sec 2......       202
      Foreign aid
        Prohibitions on................  PL 102-274 Sec 7......       209
      Policy on
        Sense of Congress..............  PL 102-274 Sec 3(b)...       203
      U.S. Armed Forces in.............  PL 103-160 Sec 1512...      1074
      U.S. policy toward...............  PL 103-160 Sec 1512...      1074
    South Africa-U.S. relations
      Apartheid sanction laws
        Repeal of......................  PL 103-149 Sec 4......       197
      Cooperative agreements...........  PL 103-149 Sec 8......       200
      Democratic process
        U.S. assistance in.............  PL 103-149 Sec 5......       198
        U.S. policy toward.............  PL 103-149 Sec 3......       197
      Democratic transition
        International financial          PL 103-149 Sec 9......       200
         institutions support.
      Educational and cultural exchange  PL 103-149 Sec 7......       200
      Findings of Congress.............  PL 103-149 Sec 2......       196
    South Africa-U.S. trade relations
      Facilitation of..................  PL 103-149 Sec 6......       199
    South African Democratic Transition  PL 103-149............       196
     Support Act of 1993.
    South Asia-U.S. relations
      Nuclear nonproliferation
        South Asia.....................  PL 107-228 Sec 1601...       436
    South Vietnam-U.S. relations
      (see Indochina War)
    Southeast Asia
      (see individual countries)
      (see Indochina War)
    Soviet Union-U.S. relations
      Emergency airlift assistance
        Appropriations transfers.......  PL 102-228 Sec 301....       106
        ``Emergency requirements''       PL 102-228 Sec               107
         funds.                           301(b)(4).
        Report to Congress.............  PL 102-228 Sec               107
                                          301(b)(2).
      Graduate student scholarships
        Appropriations authorization...  PL 102-138 Sec 227(d).       113
      Grain exports prohibited
        Commodity Credit Corporation     PL 96-494 Sec 206.....      1531
         purchases.
      Humanitarian assistance
        Emergency airlift..............  PL 102-228 Sec 301....       106
        Report to Congress.............  PL 102-228 Sec 302....       108
      Plutonium production
        Cessation of...................  PL 101-510 Sec 3151...      1191
    Soviet Union, former-U.S. relations
      Amending Cold War provisions.....  PL 103-199 Sec 101....        68
      Applicable Cold War provisions...  PL 103-199 Sec 103....        69
      Demilitarization programs
        Administration of..............  PL 102-484 Sec 1421...      1106
        Appropriations authorization...  PL 102-484 Sec 1421(a)      1106
        Presidential authority.........  PL 102-484 Sec 1412...      1105
        Report to Congress.............  PL 102-484 Sec 1431-        1107
                                          1432.
      Denuclearization
        Report to Congress.............  PL 102-484 Sec 1321(c)      1096
        U.S. policy....................  PL 102-484 Sec 1321(b)      1095
    Soviet Union, former-U.S.
     relations--Continued
      Direct communications link.......  PL 99-85..............      1343
      Export Administration Act          PL 103-199 Sec 201....        70
       policies.
      Findings of Congress.............  PL 103-199 Sec 102....        68
      KAL Flight 7.....................  PL 103-199 Sec 201....        70
      Murder of Lt. Colonel Arthur D.    PL 99-661 Sec 1368....      1282
       Nicholson, Jr..
      Peace Corps programs in..........  PL 102-565 Sec 5......      1605
      Threat reduction
        Appropriations reductions......  PL 104-106 Sec 1008...      1009
    Soviet Union, former, independent
     states of-U.S. relations
      (see also Commonwealth of
       Independent States-U.S.
       relations)
      (see individual countries)
      Advisory Committee for Studies of  PL 98-164 Sec 804.....       155
      Agriculture advisory council.....  PL 102-511 Sec 302....        82
      American Business Centers created  PL 102-511 Sec 301....        80
      Arms control.....................  PL 102-511 Sec 501....        87
        Activities.....................  PL 102-511 Sec 503....        88
        Aid eligibility................  PL 102-511 Sec 502....        87
      Assistance eligibility...........  PL 102-511 Sec 202....        79
      Business advisory council........  PL 102-511 Sec 302....        82
      Coordinating assistance..........  PL 102-511 Sec 102....        76
      Currency stabilization fund......  PL 102-511 Sec 1004(b)       104
      Defined..........................  PL 102-511 Sec 3......        74
      Demilitarization
        Findings of Congress...........  PL 102-484 Sec 1411...      1104
      Democracy support................  PL 102-511 Sec 201....        79
      Diplomatic and consular service..  PL 102-511 Sec 802....       100
      Economic development.............  PL 102-511 Sec 201....        79
      Exchange and training programs...  PL 102-511 Sec 807....       100
      Findings of Congress.............  PL 102-511 Sec 101....        74
      Graduate students scholarships...  PL 102-138 Sec 227....       112
      Investment guarantees............  PL 102-511 Sec 1009...       105
      Johnson Act applicability........  PL 102-511 Sec 902....       102
      Knowledge of
        Findings.......................  PL 98-164 Sec 802.....       154
      Macroeconomic stabilization in...  PL 102-511 Sec 1004...       104
      Nonproliferation activities......  PL 102-511 Sec 501....        87
      Nonproliferation assistance......  PL 107-228 Sec 1334...       430
      Nonproliferation coordination....  PL 107-228 Sec 1332...       429
      Nonproliferation/disarmament fund  PL 102-511 Sec 504....        89
      Nuclear materials disposal.......  PL 102-511 Sec 510....        95
      Office of Space Commerce.........  PL 102-511 Sec 602....        98
      Private organizations food aid...  PL 102-511 Sec 703....        99
      Research and development.........  PL 102-511 Sec 511....        95
      Science and technology centers...  PL 106-280 Sec 303....       450
      Space cooperation................  PL 102-511 Sec 601....        97
      Threat reduction
        Appropriations.................  PL 109-148 Title II...       727
      Uranium and plutonium purchases..  PL 108-136 Sec 3123...       801
    Soviet-American Interparliamentary
     Exchanges
      Appropriations authorization.....  PL 102-138 Sec 221(9).       110
    Space Commerce, Office of
      Former Soviet Union
        Trade missions.................  PL 102-511 Sec 602....        98
    Space launch capacity
      U.S. commercial competitiveness
        Sense of Congress..............  PL 106-65 Sec 1612....       916
    Special Defense Acquisition Fund
      Appropriations authorization
        Limitations on.................  10 USC 114(c).........       599
    Special International Security       PL 96-35..............       318
     Assistance Act of 1979.
    State, Department of
      Facilities charges assessment
        Limitation on..................  PL 108-136 Sec 1007...       787
      Foreign aid
        Functions delegated to.........  45 FR 11655...........       564
      Foreign aid program
        Administration of..............  EO 12163 Sec 1-1......       555
    State, Secretary of
      Arms sales
        Duties.........................  EO 11958..............       578
      Authority
        Additional delegations and       EO 12163 Sec 1-601....       559
         limitations.
      Chemical Weapons Convention
        Authority......................  EO 13346 Sec 2(b)(a)..       594
      Colombia
        Certification to Congress......  PL 106-246 Sec 3207...       225
      Foreign affairs functions........  EO 13345 Sec 2........       592
      Foreign aid
        Functions reserved for.........  45 FR 11655 Sec 4.....       573
      FREEDOM Support Act
        Additional delegated functions.  EO 12884 Sec 3........       164
        Delegated functions............  EO 12884 Sec 1........       163
      Functions delegated to...........  EO 13346 Sec 1(a).....       594
      International Arid Land            PL 95-113 Sec               1547
       Consortium.                        1458(a)(8).
      Jackson-Vanik waivers
        Authority......................  EO 13346 Sec 1(a)(i)..       594
      National Security Assistance
       Strategy
        Report to Congress.............  PL 106-280 Sec 501....       451
    Strategic Arms Reduction Talks
      Russian Federation
        Nuclear weapons................  PL 102-484 Sec 1321...      1094
    Strategic Defense Initiative
      Anti-tactical ballistic missile    PL 99-661 Sec 212.....      1275
       system.
      Appropriations authorization, FY   PL 99-145 Sec 221.....      1287
       1986.
      Appropriations authorization, FY   PL 100-180 Sec 221....      1251
       1988.
      Consultation with NATO allies....  PL 99-145 Sec 224.....      1288
      Contracts with foreign entities
        Restrictions on................  PL 100-180 Sec 222....      1252
      Development plans and costs
        Report to Congress.............  PL 100-180 Sec 232....      1258
      Effect on compliance with ABM      PL 99-661 Sec 216.....      1277
       Treaty.
      Establishing a federally funded
       R&D center
        Limitation on..................  PL 99-661 Sec 213.....      1276
      FY 1987 funding level............  PL 99-661 Sec 211.....      1275
      FY 1988 funding allocation
        Report to Congress.............  PL 100-180 Sec 234....      1260
      NATO cooperation and consultation
        Congressional policy...........  PL 99-145 Sec 224.....      1288
      Potential responses
        Report to Congress.............  PL 99-145 Sec 223(a)..      1288
      Projected cost
        Report to Congress.............  PL 99-145 Sec 223(b)..      1288
      Report to Congress...............  PL 100-180 Sec 231....      1256
      Support by federally funded        PL 100-180 Sec 227....      1254
       research and development center.
      Technology transfer to Soviet
       Union
        Restrictions on................  PL 100-180 Sec 223....      1252
    Strom Thurmond National Defense      PL 105-261............       918
     Authorization Act for Fiscal Year
     1999.
                                         PL 105-261 Note.......       919
    Sub-Saharan African countries
      Farmer-to-farmer program
        Establishing...................  PL 83-480 Sec 501(b)..      1388
    Sudan-U.S. relations
      Export prohibitions
        Exceptions to..................  PL 106-570 Sec 501....       491
    Sudan-U.S. relations--Continued
      Findings of Congress.............  PL 102-274 Sec 2......       202
      Foreign aid......................  PL 106-570 Sec 501....       491
        Prohibitions on................  PL 102-274 Sec 7......       209
      Policy on
        Sense of Congress..............  PL 102-274 Sec 3(c)...       204
    Support for East European Democracy
     (SEED)
      Excess defense articles
        Transportation funds...........  PL 104-164 Sec 105....       535
      Report to Congress...............  PL 101-179 Sec 704....       146
      Suspension of assistance.........  PL 101-179 Sec 801....       147
    Support for East European Democracy  PL 101-179............       120
     (SEED) Act of 1989.
    Support for East European Democracy
     (SEED) Program
      Actions
        International Monetary Fund....  PL 101-179 Sec 2(c)...       123
        World bank.....................  PL 101-179 Sec 2(c)...       123
      Debt for equity swaps............  PL 101-179 Sec 104....       128
      Delegation of authority..........  EO 12703..............       162
      Objectives.......................  PL 101-179 Sec 2......       121
    Support for Overseas Cooperative     PL 106-309 Sec 401....       504
     Development Act.
      Findings of Congress and           PL 106-309 Sec 401(b)-       504
       declaration of policy.             (c).
    Supporting assistance
      (see Economic Support Fund)
    Swine influenza
      International cooperation
        Findings and sense of Congress.  PL 94-302 Title III...       539

                                        T

    Taiwan-U.S. relations
      Arms sales
        Treated as a major Non-NATO      PL 107-228 Sec 1206...       412
         ally.
      Military aid
        Report to Congress.............  PL 107-228 Sec 1263...       415
      Military officer exchanges
        Report to Congress.............  PL 107-314 Sec 1210...       817
      Visas for high-level officials
        Sense of Congress..............  PL 103-337 Sec 1073...      1030
    Taiwan-U.S. trade relations
      World Trade Organization
        Accession to...................  PL 106-286 Sec 601....       343
    Task Force on Nuclear Materials
      Establishment of.................  PL 108-375 Sec 3132...       775
    Technical assistance
      (see also Peace Corps)
      Colombo Plan.....................  PL 86-108 Sec 502.....       481
    Technology
      Defense critical
        Monitoring and assessment of...  10 USC 2517...........       670
      International export of
        Control of.....................  PL 101-513 Sec 586J...        54
      Missile production
        Control of.....................  PL 101-510 Sec 1701...      1183
      Research and development
        Cooperation with Japan.........  PL 102-190 Sec 255....      1134
                                         PL 101-510 Sec 1454...      1176
    Technology transfer
      Export restrictions..............  PL 101-513 Sec 586I...        54
      Missile technology
        Control of.....................  PL 101-189 Sec 1639...      1220
      Missile Technology Control Regime  PL 101-510 Sec 1701...      1183
    Technology transfer--Continued
      Strategic Defense Initiative
        Soviet Union restrictions......  PL 100-180 Sec 223....      1252
      Strategically sensitive
        Advice on policy issues........  PL 106-65 Sec 912.....       883
      Subject to offset arrangements
        U.S. policy on.................  10 USC 2532...........       673
                                         PL 100-456 Sec 825....      1231
    Technology, foreign
      Monitoring and assessment of.....  10 USC 2517...........       670
        Overseas program...............  10 USC 2518...........       671
    Terrorism
      Al Qaeda and associated groups in
       Latin America
        Report to Congress.............  PL 108-375 Sec 1047...       757
      Colombia
        Counter-terrorism campaign.....  PL 108-136 Sec 1023...       788
      Combating
        Rewards for assistance in......  PL 107-314 Sec 1065...       811
        Rewards for information or       10 USC 127b...........       603
         assistance.
      Counter and Anti
        Oversight of...................  PL 105-85 Sec 1051....       958
      Counterterrorism activities
        Department of Defense            PL 104-201 Sec 306....       988
         appropriations authorization.
      Countries aiding
        Department of Defense contract   10 USC 2327(b)........       638
         prohibition.
      Countries supporting
        Department of Defense aid        10 USC 2249a(a).......       636
         prohibition.
        Waiver of aid prohibition......  10 USC 2249a(b).......       637
      Department of Defense
        Assisting civil authorities....  PL 106-65 Sec 1023....       890
        Budget justification display...  10 USC 229............       609
      Department of Defense programs to
       combat
        Report to Congress.............  PL 106-65 Sec 932.....       885
      Drawdowns
        Notification deadline            PL 107-57 Sec 4.......       346
         modifications.
      Excess defense articles transfers
        Notification deadline            PL 107-57 Sec 4.......       346
         modifications.
      Federal Emergency Management
       Agency
        Response to....................  PL 103-160 Sec 1704...      1078
      Global war on
        Report to Congress.............  PL 108-375 Sec 1041...       754
      Intelligence on
        Reporting by defense personnel.  PL 99-661 Sec 1353....      1281
      Iraq
        Support for acts of............  PL 101-513 Sec 586F(c)        51
      Military operations to combat
        Appropriations authorization...  PL 108-375 Sec 1208...       768
        Report to Congress.............  PL 108-375 Sec 1208...       768
      Not supporting
        Arms sales conditions..........  PL 106-113 Sec               474
                                          1262(b)(4).
      Nuclear Security Administration
        Cooperative program with         PL 107-314 Sec 3155...       825
         Russian Federation.
      Protecting U.S. civil aviation     PL 101-189 Sec 1631...      1218
       overseas.
      Protecting U.S. military           PL 99-145 Sec 1452....      1305
       personnel.
      Russian Federation
        State sponsors of..............  PL 107-228 Sec 1317...       427
      Special Operations Command
        Appropriations authorization,    PL 105-261 Sec 1023(d)       929
         FY 1999.
      War on
        Appropriation authorization....  PL 107-314 Sec 1501...       818
    Terrorism--Continued
      War on--Continued
        Mobilization and personnel.....  PL 107-314 Sec 1502...       818
        Operation Noble Eagle and        PL 107-314 Sec 1503-         819
         Operation Enduring Freedom.      1506.
    Terrorism, anti
      Foreign aid
        Research and development         PL 104-164 Sec 122....       536
         expenses.
    Terrorism, Director of the Office
     for Combating
      Functions delegated to...........  45 FR 11655 Sec 1(i)..       569
    Threshold Test Ban Treaty
      Verification measures
        Agreement on...................  PL 107-314 Sec 4207...       829
    Torrejon Air Base
      Relocating functions
        Limitation on expenditures.....  PL 101-510 Sec 2802...      1186
                                         PL 101-189 Sec 921....      1210
    Torture
      Foreign service officer training
        Report to Congress.............  PL 106-87 Sec 5.......       534
       Prohibition on use of funds for.  PL 109-13 Sec 1031....       744
      Victims of
        Appropriations authorization,    PL 108-179............       532
         FY 2004 and 2005.
    Torture Victims Relief Act of 1998.  PL 105-320............       527
      Domestic treatment centers.......  PL 105-320 Sec 5......       528
      Findings of Congress.............  PL 105-320 Sec 2......       527
      Foreign service officers
        Specialized training...........  PL 105-320 Sec 7......       529
      Multilateral assistance..........  PL 105-320 Sec 6......       529
      Training for Foreign Service
       Officers
        Report to Congress.............  PL 106-87 Sec 5.......       534
    Torture Victims Relief               PL 106-87.............       533
     Reauthorization Act of 1999.
      Domestic treatment centers.......  PL 106-87 Sec 3.......       533
      Foreign treatment centers........  PL 106-87 Sec 2.......       533
      Multilateral assistance..........  PL 106-87 Sec 4.......       533
    Torture Victims Relief               PL 108-179............       532
     Reauthorization Act of 2003.
    Torture Victims Relief               PL 109-165............       531
     Reauthorization Act of 2005.
    Toshiba Corporation
      Procurement of goods or services
        Prohibition....................  PL 100-456 Sec 313....      1230
    Trade
      (see also Imports)
      Agreements with China
        Promoting compliance with......  PL 106-286 Sec 412....       338
      Agricultural exports
        Strategy development...........  PL 95-501 Sec 103.....      1502
      Agricultural Trade and Export      PL 97-98 Sec 1219.....      1553
       Policy, National Commission on.
      Arms
        (see Arms sales)
      Commodity Credit Corporation
        Unfair practices...............  PL 95-501 Sec 301.....      1515
      Latin America
        Free trade zone................  PL 102-532 Sec 5......       268
      South Africa
        Expansion of...................  PL 103-149 Sec 6......       199
      Sub-Saharan Africa
        U.S. policy on.................  PL 106-200 Sec 102....       169
      U.S. policy
        Sense of Congress..............  PL 99-198 Sec 1121....      1465
    Trade and Development Agency
      Foreign aid program
        Administration of..............  EO 12163 Sec 1-505....       559
    Trade and Development Program
      (see Trade and Development
       Agency)
    Trade Promotion Coordinating
     Committee
      Energy sector companies, U.S.
        Assistance to..................  PL 102-511 Sec 304....        83
    Transportation, Department of
      Reserve fleet vessels
        Conveyance of..................  PL 105-261 Sec 3603...       946
    Travel abroad
      Availability of local currencies.  PL 83-665 Sec 502.....       483
      Congressional members and staffs.  PL 83-665 Sec 502.....       483
    Treasury, Department of
      Enterprise for the Americas
       Facility
        Establishing...................  PL 83-480 Sec 601.....       270
      Persian Gulf Regional Defense
       Fund
        Establishment of...............  PL 102-25 Sec 102.....        34
      Reimbursed by Federal agencies     PL 87-125 Sec 508.....       541
       using foreign currencies.
                                         31 USC 5303...........       542
    Treasury, Secretary of
      Foreign affairs functions........  EO 13345 Sec 1........       591
    Treaty on the Non-Proliferation of
     Nuclear Weapons
      Russia-U.S. relations............  PL 102-484 Sec 1321...      1094
    Tropical Forest Conservation Act
      Implementation of................  EO 13345..............       591
    Tropical Forest Conservation Act of
     1988
      Implementation of................  EO 12757..............      1482
    Tuberculosis
      Developing countries
        Findings of Congress...........  PL 106-264 Sec 202....       516
        U.S. policy....................  PL 106-264 Sec 202....       516
    Turkey-U.S. relations
      Air defense of U.S. military       PL 98-525 Sec 105.....      1306
       bases.
      Cyprus conflict..................  PL 94-104 Sec 2.......       477
      Drug control
        Imports of narcotics raw         PL 101-647 Sec 2501...       387
         material.
      Economic Support Fund
        Foreign aid restrictions.......  PL 108-11 Ch 5........        14
                                         PL 108-11 Ch 5........        14
        Grants or loan guarantees......  PL 108-11 Ch 5........        14
        Supplemental appropriations,     PL 108-11 Ch 5........        14
         2003.
      Military aid
        Refugee relief.................  PL 94-104 Sec 2.......       477
        Suspension of..................  PL 94-104 Sec 2.......       477
      Operation Iraqi Freedom
        Foreign aid conditions.........  PL 108-11 Ch 5........        14
      Opium poppy discussion...........  PL 94-104 Sec 2.......       477

                                        U

    U.S. Trade Representative
      Imports
        Prohibitions on................  PL 101-624 Sec 1308...      1425
    U.S.-China Relations Act of 2000...  PL 106-286 Sec 201....       327
    Ukraine-U.S. relations
      Currency stabilization
        Study on.......................  PL 102-511 Sec 1004(c)       104
    Undersea rescue and recovery
      Sense of Congress................  PL 106-398 Sec 1237...       872
    Union of Soviet Socialist Republics
      (see Soviet Union, former-U.S.
       relations)
    United Arab Republic
      (see Egypt-U.S. relations)
    United Kingdom-U.S. relations
      Arms sales
        Policy of Congress.............  PL 108-375 Sec 1225...       771
    United Nations
      Assignment of U.S. forces
        Limitation of..................  PL 105-261 Sec 1231...       939
      Emergency Force
        U.S. contributions to..........  PL 93-199 Sec 6.......       480
      General Assembly resolution
        International corruption.......  PL 106-309 Sec 202....       501
      Middle East conflict.............  PL 93-199 Sec 6.......       480
      Oil-for-Food Program
        Access to Iraqi documents......  PL 108-375 Sec 1207...       767
      Peace operations security          PL 103-337 Sec 1401...      1044
       relations.
      Peacekeeping activities
        Prohibition on using Department  10 USC 405............       624
         of Defense funds.
        Report to Congress.............  PL 103-160 Sec 1502...      1069
                                         PL 102-484 Sec 1341...      1098
      Sanctions against Iraq
        Compliance with................  PL 101-513 Sec 586D...        49
                                         PL 101-510 Sec 1458...      1180
      Security Council Resolution 687
        Violation by Iraq..............  PL 102-190 Sec 1095...      1152
      Security Council Resolution 688
        Violation by Iraq..............  PL 102-190 Sec 1096...      1152
      Weapons inspections in Iraq
        U.S. support for...............  PL 107-314 Sec 1204...       814
    United Nations Voluntary Fund for
     Victims of Torture
      Appropriations authorization.....  PL 108-179............       532
      Appropriations authorization FY    PL 109-165............       531
       2006 and FY 2007.
    United States and Foreign
     Commercial Service
      Expanding activities in sub-       PL 106-200 Sec 125....       177
       Saharan Africa.
    United States Customs Service
      U.S. military assistance
        Plan preparation...............  PL 106-65 Sec 1027....       892
    United States Information Agency
      East Europe Training Projects
        Appropriations authorization...  PL 102-138 Sec 221(5).       110
      Educational exchange program
        Enhancement of.................  PL 102-138 Sec 226....       111
      Emerging democracies
        Programs for students..........  PL 102-138 Sec 210(a).       109
      Enhanced educational exchange
       program
        Appropriations authorization...  PL 102-138 Sec 226(d).       112
    United States Microfinance Loan
     Facility
      Report to Congress...............  PL 106-309 Sec 107....       498
    United States Munitions List
      Export applications
        Electronic system for filing     PL 107-228 Sec 1403...       434
         and review.
    United States National Authority
      Non-governmental U.S. laboratory
        Securing OPCW designation......  PL 107-228 Sec 1605(b)       439
    United States Trade Representative
      Functions delegated to...........  EO 13346 Sec 1(b).....       594
    United States-China Economic and
     Security Review Commission
      Appropriations authorization.....  PL 106-398 Sec 1238(f)       878
      Establishment of.................  PL 106-398 Sec 1238(b)       874
      Name change......................  PL 108-7 Division P...       324
      Report to Congress...............  PL 106-398 Sec               876
                                          1238(c)(1).
      Responsibilities.................  PL 108-7 Division P...       324
                                         PL 106-398 Sec               874
                                          1238(b)(3).
    United States-Cuba Council
      Designation of...................  PL 104-114 Sec 203(b).       250
    United States-Israel Endowment for
     Defense Industrial Cooperation
      Report to Congress...............  PL 102-484 Sec 205....      1084
    United States-Japan Semiconductor
     Trade Agreement
      Sense of Congress................  PL 104-201 Sec 1081(b)       996
    United States-Mexico Foundation for  PL 95-113 Sec 1459....      1548
     Science.
    United States-People's Republic of
     China Joint Defense Conversion
     Committee
      Report to Congress...............  PL 104-106 Sec 1343...      1019
    United States-Sub-Saharan Africa
     Trade and Economic Cooperation
     Forum
      Establishment of.................  PL 106-200 Sec 105....       171
    Universal Military Training and
     Service Act
      Applicability to Peace Corps.....  PL 87-293 Sec 23......      1592
    Uranium
      Independent states of the former
       Soviet Union
        Study and report on purchasing.  PL 108-136 Sec 3123...       801
    Uranium and plutonium
      Secure stockpiles of
        Sense of Congress..............  PL 107-314 Sec 3162...       829
    Urgent Assistance for Democracy in   PL 101-243............       280
     Panama Act of 1990.
                                         PL 101-243............       280
    USSR
      (see Soviet Union, former-U.S.
       relations)

                                        V

    Vancouver Declaration
      Findings of Congress.............  PL 103-199 Sec 102....        68
    Victory in the Cold War, Commission
     on
      Established......................  PL 106-65 Sec 1053(e).       898
    Vietnam
      (see Indochina War)
      (see Vietnam-U.S. relations)
    Vietnam War
      (see Indochina War)
    Vietnam-U.S. relations
      Cambodian occupation
        Sense of Congress..............  PL 100-180 Sec 1404...      1273
      Indochina War
        Missing personnel..............  PL 103-337 Sec 1034...      1029
    Visas
      Taiwanese officials
        Sense of Congress..............  PL 103-337 Sec 1073...      1030
    Volunteer service programs
      (see Peace Corps)
    Volunteer service programs,
     international
      Encouragement of.................  PL 87-293 Title III...      1593

                                        W

    War
      End strength limitation
        Suspension of..................  10 USC 123a...........       599
    Warsaw Initiative Funds
      Availability for new NATO members  PL 108-375 Sec 1224...       771
    Weapons
      Ballistic missiles
        Defense activities funding.....  PL 105-261 Sec 3132...       944
      Biological and chemical
        Secretary of Defense...........  PL 103-160 Sec 1701...      1075
    Weapons--Continued
      Nuclear, biological, and chemical
        Sense of Congress..............  PL 102-484 Sec 1502...      1109
        Transfers by foreign countries.  PL 107-228 Sec 1308...       419
      Proliferation controls
        Appropriations authorization,    PL 107-228 Sec 1302...       416
         2003.
        Report to Congress.............  PL 107-228 Sec 1309...       421
        Training programs..............  PL 107-228 Sec 1302...       416
      Surplus stockpiles
        Destruction of.................  PL 107-228 Sec 1241...       415
      U.S. nonproliferation and threat
       reduction
        Report to Congress.............  PL 107-228 Sec 1339...       432
      U.S. nonproliferation efforts
        Sense of Congress..............  PL 107-228 Sec 1332...       429
    Weapons of mass destruction
      Iraq
        Report to Congress.............  PL 108-136 Sec 1204...       795
      National emergency
        Secretary of Defense...........  10 USC 382............       616
      Proliferation controls
        Funding availability...........  PL 105-261 Sec 1023(d)       929
      Spread of
        Sense of Congress..............  PL 108-375 Sec 1213...       769
    Weapons of Mass Destruction Control  PL 102-484 Sec 1501...      1109
     Act of 1992.
    Western Hemisphere Drug Elimination  PL 105-277 Sec 801....       360
     Act.
    Western Hemisphere Institute for     10 USC 2166...........       631
     Security Cooperation.
    Western Hemisphere-U.S. relations
      Regional security
        Department of Defense programs.  PL 103-337 Sec 1315...      1036
    Wheat
      Emergency food aid
        Reserve established............  PL 96-494 Title III...      1539
    Wheat surplus
      Overseas donations...............  PL 81-439 Sec 416(b)..      1441
    Women
      Reconstruction activities in Iraq
        Sense of Congress..............  PL 108-136 Sec 1205...       796
    World Bank AIDS Trust Fund
      Administration of................  PL 106-264 Sec 121....       512
      Advisory Board of................  PL 106-264 Sec 124....       514
      Annual reports to Congress.......  PL 106-264 Sec 131....       515
      Appropriations authorization, FY   PL 106-264 Sec 141....       516
       2001-2002.
      Establishment of.................  PL 106-264 Sec 121....       512
      Grant authorities................  PL 106-264 Sec 122....       513
    World Trade Organization
      China
        Review of commitments..........  PL 106-286 Sec 401....       337
      China commitments enforcement
        Appropriations authorization...  PL 106-286 Sec 413(a).       338
      Taiwan
        Accession of...................  PL 106-286 Sec 601....       343
    World Trade Organization
     obligations
      Compliance by China
        Report to Congress.............  PL 106-286 Sec 421....       339
    World Wise Schools Program
      Redesignated Paul D. Coverdell     PL 106-570 Sec 603....      1600
       World Wise Schools Program.

                                        Y

    Yatama Indians
      Appropriations, 1989.............  PL 100-276 Sec 3(g)...       287
    Yugoslavia-U.S. relations
      Democratic transition
        Foreign aid....................  PL 101-243 Sec 201....       119
      International tribunal
        Judicial assistance............  PL 104-106 Sec 1342...      1018
      Operation Allied Force
        Conduct of military operations.  PL 106-65 Sec 1211....       905
        Costs to United States.........  PL 106-398 Sec 1221(a)       867
      War crimes, genocide, and crimes
       against humanity
        Sense of Congress..............  PL 106-65 Sec 1212....       907

                                        Z

    Zablocki Outpatient Facility
      Funding authorization............  PL 98-266.............       153
    Zimbabwe Democracy and Economic      PL 107-99.............       165
     Recovery Act of 2001.
    Zimbabwe-U.S. relations
      Debt relief......................  PL 107-99 Sec 4(b)....       166
      Democratic breakdown
        Sense of Congress..............  PL 107-99 Sec 6.......       168
      Democratic reforms
        Foreign aid....................  PL 107-99 Sec 5.......       167
      Democratic transition and
       economic recovery
        Findings of Congress...........  PL 107-99 Sec 4.......       165
        Policy on......................  PL 107-99 Sec 2.......       165
        Support for....................  PL 107-99 Sec 4(b)....       166

            I97?I25FOREIGN ASSISTANCE (p. 1)Q62I25AGRICULTURAL
    COMMOD
    I
    T
    I
    E
    S

    (
    p

    1
    3
    4
    8
    )

    Q
    6
    3

    I
    2
    5
    T
    H
    E

    P
    E
    A
    C
    E

    C
    O
    R
    P
    S

    (
    p

    1
    5
    6
    3
    )

    Q
    6
    3

    I
    2
    5
    A
    P
    P
    E
    N
    D
    I
    C
    E
    S

    (
    p

    1
    6
    2
    5
    )

    Q
    6
    3

    I
    2
    5
    I
    N
    D
    E
    X

    (
    p

    1
    6
    6
    9
    )

    Q
    4
    8

    S
    6
    6
    0
    2

    c
    1
    ,
    L
    3
    ,
    b
    2
    ,
    j
    ,
    t
    p
    1
    ,
    p
    1
    ,
    1
    0
    /
    1
    0
    ,
    g
    1
    ,
    t
    1
    ,
    b
    l
    ,
    o
    6
    6
    ,
    s
    2
    3
    0

    I
    9
    5

    h
    1

    j

    I
    1
    1

    T
    4
    N
    o
    t
    e

    T
    1
    --
    V
    o
    l
    u
    m
    e

    I

    i
    s

    p
    r
    i
    n
    t
    e
    d

    i
    n

    t
    w
    o

    p
    a
    r
    t
    s
    ,

    I
    -
    A

    a
    n
    d

    I
    -
    B
    ,

    e
    f
    f
    e
    c
    t
    i
    v
    e

    1
    9
    9
    4

    V
    o
    l
    u
    m
    e

    I
    -
    B

    c
    o
    n
    t
    a
    i
    n
    s

    l
    e
    g
    i
    s
    l
    a
    t
    i
    o
    n

    a
    n
    d

    E
    x
    e
    c
    u
    t
    i
    v
    e

    o
    r
    d
    e
    r
    s

    r
    e
    l
    a
    t
    i
    n
    g

    t
    o

    o
    t
    h
    e
    r

    f
    o
    r
    e
    i
    g
    n

    a
    s
    s
    i
    s
    t
    a
    n
    c
    e

    m
    a
    t
    t
    e
    r
    s
    ,

    t
    h
    e

    A
    r
    m
    e
    d

    F
    o
    r
    c
    e
    s
    ,

    a
    g
    r
    i
    c
    u
    l
    t
    u
    r
    a
    l

    c
    o
    m
    m
    o
    d
    i
    t
    i
    e
    s
    ,

    a
    n
    d

    t
    h
    e

    P
    e
    a
    c
    e

    C
    o
    r
    p
    s

    e