COMMITTEE ON INTERNATIONAL RELATIONS

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

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
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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

_______________________________________________________________________

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COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

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

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

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

(vii)

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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:
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``sec. 1511. iraq freedom fund.
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``(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.--
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``(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: * * *
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\3\ For text, as amended, see page 23.
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(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.
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\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.''.
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* * * * * * *

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.
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\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.''.
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Economic Support Fund

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

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,''.
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* * * * * * *

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.

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.
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(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''.
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(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.
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(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\
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\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.
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(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.
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\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.
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TITLE VII--AGRICULTURAL TRADE

* * * * * * *

SEC. 703. ASSISTANCE FOR PRIVATE VOLUNTARY ORGANIZATIONS.

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

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

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

SEC. 707. DIRECT CREDIT SALES.

(a) * * *
(b) * * *
(c) * * *
(d) \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.
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* * * * * * *

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.--* * *
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\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.
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(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''.
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* * * * * * *

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), $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.''.
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(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''.
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(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.
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\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.
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(C) A host country citizen who is not committed to
respect for democracy and a free market economy may not
serve as a member of the Board of Directors of an
Enterprise Fund.
(4) Eligibility of enterprise funds for grants.--
Grants may be made to an Enterprise Fund under this
section only if the Enterprise Fund agrees to comply
with the requirements specified in this section.
(5) Private character of enterprise funds.--Nothing
in this section shall be construed to make an
Enterprise Fund an agency or establishment of the
United States Government, or to make the officers,
employees, or members of the Board of Directors of an
Enterprise Fund officers or employees of the United
States for purposes of title 5, United States Code.
(e) Grants to Enterprise Funds.--Funds appropriated to the
President pursuant to subsection (b) shall be granted to the
Enterprise Funds by the Agency for International Development to
enable the Enterprise Funds to carry out the purposes specified
in subsection (a) and for the administrative expenses of each
Enterprise Fund.
(f) Eligible Programs and Projects.--
(1) In general.--The Enterprise Funds may provide
assistance pursuant to this section only for programs
and projects which are consistent with the purposes set
forth in subsection (a).
(2) Employee stock ownership plans.--Funds available
to the Enterprise Funds may be used to encourage the
establishment of Employee Stock Ownership Plans (ESOPs)
in Poland and Hungary.
(3) Indigenous credit unions.--Funds available to the
Enterprise Funds may be used for technical and other
assistance to support the development of indigenous
credit unions in Poland and Hungary. As used in this
paragraph, the term ``credit union'' means a member-
owned, nonprofit, cooperative depository institution--
(A) which is formed to permit individuals in
the field of membership specified in such
institution's charter to pool their savings,
lend the savings to one another, and own the
organization where they save, borrow, and
obtain related financial services; and
(B) whose members are united by a common bond
and democratically operate the institution.
(4) Telecommunications modernization in poland.--The
Polish-American Enterprise Fund may use up to
$25,000,000 for grants for projects providing for the
early introduction in Poland of modern telephone
systems and telecommunications technology, which are
crucial in establishing the conditions for successful
transition to political democracy and economic
pluralism.
(5) Economic foundation of nszz solidarnosc.--Funds
available to the Polish-American Enterprise Fund may be
used to support the Economic Foundation of NSZZ
Solidarnosc.
(g) Matters To Be Considered by Enterprise Funds.--In
carrying out this section, each Enterprise Fund shall take into
account such considerations as internationally recognized
worker rights and other internationally recognized human
rights, environmental factors, United States economic and
employment effects, and the likelihood of commercial viability
of the activity receiving assistance from the Enterprise Fund.
(h) Retention of Interest.--An Enterprise Fund may hold funds
granted to it pursuant to this section in interest-bearing
accounts, prior to the disbursement of such funds for purposes
specified in subsection (a), and may retain for such program
purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without
further appropriation by the Congress.
(i) Use of United States Private Venture Capital.--In order
to maximize the effectiveness of the activities of the
Enterprise Funds, each Enterprise Fund may conduct public
offerings or private placements for the purpose of soliciting
and accepting United States venture capital which may be used,
separately or together with funds made available pursuant to
this section, for any lawful investment purpose that the Board
of Directors of the Enterprise Fund may determine in carrying
out this section. Financial returns on Enterprise Fund
investments that include a component of private venture capital
may be distributed, at such times and in such amounts as the
Board of Directors of the Enterprise Fund may determine, to the
investors of such capital.
(j) Financial Instruments for Individual Investment in
Poland.--In order to maximize the effectiveness of the
activities of the Polish-American Enterprise Fund, that
Enterprise Fund should undertake all possible efforts to
establish financial instruments that will enable individuals to
invest in the private sectors of Poland and that will thereby
have the effect of multiplying the impact of United States
grants to that Enterprise Fund.
(k) Nonapplicability of Other Laws.--Executive branch
agencies may conduct programs and activities and provide
services in support of the activities of the Enterprise Funds
notwithstanding any other provision of law.
(l) \15\ Limitation on Payments to Enterprise Fund
Personnel.--
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\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.''.
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(1) No part of the funds of an Enterprise Fund shall
inure to the benefit of any board member, officer, or
employee of such Enterprise Fund, except as salary or
reasonable compensation for services subject to
paragraph (2).
(2) An Enterprise Fund shall not pay compensation for
services to--
(A) any board member of the Enterprise Fund,
except for services as a board member; or
(B) any firm, association, or entity in which
a board member of the Enterprise Fund serves as
partner, director, officer, or employee.
(3) Nothing in paragraph (2) shall preclude payment
for services performed before the date of enactment of
this subsection nor for arrangements approved by the
grantor and notified in writing to the Committees on
Appropriations.
(m) Independent Private Audits.--The accounts of each
Enterprise Fund shall be audited annually in accordance with
generally accepted auditing standards by independent certified
public accountants or independent licensed public accountants
certified or licensed by a regulatory authority of a State or
other political subdivision of the United States. The report of
each such independent audit shall be included in the annual
report required by this section.
(n) GAO Audits.--The financial transactions undertaken
pursuant to this section by each Enterprise Fund may be audited
by the General Accounting Office \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.
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\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.''.
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(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.
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\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\
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\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.
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(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\
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\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.
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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.
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\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\
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\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.

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.
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(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\
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\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.
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(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;
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\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''.
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(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
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\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''.
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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\
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\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).
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(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''.
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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\
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\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''.
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* * * * * * *
(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\
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\17\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
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(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.
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(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.
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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.
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(1) Published and informational matter, such as
books, videos, and cassettes, on transitions to
democracy, human rights, and market economies, to be
made available to independent democratic groups in
Cuba.
(2) Humanitarian assistance to victims of political
repression, and their families.
(3) Support for democratic and human rights groups in
Cuba.
(4) Support for visits and permanent deployment of
independent international human rights monitors in
Cuba.
(b) OAS Emergency Fund.--
(1) For support of human rights and elections.--The
President shall take the necessary steps to encourage
the Organization of American States to create a special
emergency fund for the explicit purpose of deploying
human rights observers, election support, and election
observation in Cuba.
(2) Action of other member states.--The President
should instruct the United States Permanent
Representative to the Organization of American States
to encourage other member states of the Organization to
join in calling for the Cuban Government to allow the
immediate deployment of independent human rights
monitors of the Organization throughout Cuba and on-
site visits to Cuba by the Inter-American Commission on
Human Rights.
(3) Voluntary contributions for fund.--
Notwithstanding section 307 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227) or any other provision of
law limiting the United States proportionate share of
assistance to Cuba by any international organization,
the President should provide not less than $5,000,000
of the voluntary contributions of the United States to
the Organization of American States solely for the
purposes of the special fund referred to in paragraph
(1).
(c) Denial of Funds to the Cuban Government.--In
implementing this section, the President shall take all
necessary steps to ensure that no funds or other assistance is
provided to the Cuban Government.

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

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

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

(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\19\ 22 U.S.C. 6041.
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(1) President Clinton stated in April 1993 that the
United States opposed the construction of the Juragua
nuclear power plant because of the concerns of the
United States about Cuba's ability to ensure the safe
operation of the facility and because of Cuba's refusal
to sign the Nuclear Non-Proliferation Treaty or ratify
the Treaty of Tlatelolco.
(2) Cuba has not signed the Treaty on the Non-
Proliferation of Nuclear Weapons or ratified the Treaty
of Tlatelolco, the latter of which establishes Latin
America and the Caribbean as a nuclear weapons-free
zone.
(3) The State Department, the Nuclear Regulatory
Commission, and the Department of Energy have expressed
concerns about the construction and operation of Cuba's
nuclear reactors.
(4) In a September 1992 report to the Congress, the
General Accounting Office \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.
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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.
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(2) Effect on other laws.--Assistance may be provided
under this section subject to an authorization of
appropriations and subject to the availability of
appropriations.
(b) Plan for Assistance.--
(1) Development of plan.--The President shall develop
a plan for providing assistance under this section--
(A) to Cuba when a transition government in
Cuba is in power; and
(B) to Cuba when a democratically elected
government in Cuba is in power.
(2) Types of assistance.--Assistance under the plan
developed under paragraph (1) may, subject to an
authorization of appropriations and subject to the
availability of appropriations, include the following:
(A) Transition government.--(i) Except as
provided in clause (ii), assistance to Cuba
under a transition government shall, subject to
an authorization of appropriations and subject
to the availability of appropriations, be
limited to--
(I) such food, medicine, medical
supplies and equipment, and assistance
to meet emergency energy needs, as is
necessary to meet the basic human needs
of the Cuban people; and
(II) assistance described in
subparagraph (C).
(ii) Assistance in addition to assistance
under clause (i) may be provided, but only
after the President certifies to the
appropriate congressional committees, in
accordance with procedures applicable to
reprogramming notifications under section 634A
of the Foreign Assistance Act of 1961, that
such assistance is essential to the successful
completion of the transition to democracy.
(iii) Only after a transition government in
Cuba is in power, freedom of individuals to
travel to visit their relatives without any
restrictions shall be permitted.
(B) Democratically elected government.--
Assistance to a democratically elected
government in Cuba may, subject to an
authorization of appropriations and subject to
the availability of appropriations, consist of
economic assistance in addition to assistance
available under subparagraph (A), together with
assistance described in subparagraph (C). Such
economic assistance may include--
(i) assistance under chapter 1 of
part I (relating to development
assistance), and chapter 4 of part II
(relating to the economic support
fund), of the Foreign Assistance Act of
1961;
(ii) assistance under the
Agricultural Trade Development and
Assistance Act of 1954;
(iii) financing, guarantees, and
other forms of assistance provided by
the Export-Import Bank of the United
States;
(iv) financial support provided by
the Overseas Private Investment
Corporation for investment projects in
Cuba;
(v) assistance provided by the Trade
and Development Agency;
(vi) Peace Corps programs; and
(vii) other appropriate assistance to
carry out the policy of section 201.
(C) Military adjustment assistance.--
Assistance to a transition government in Cuba
and to a democratically elected government in
Cuba shall also include assistance in preparing
the Cuban military forces to adjust to an
appropriate role in a democracy.
(c) Strategy for Distribution.--The plan developed under
subsection (b) shall include a strategy for distributing
assistance under the plan.
(d) Distribution.--Assistance under the plan developed
under subsection (b) shall be provided through United States
Government organizations and nongovernmental organizations and
private and voluntary organizations, whether within or outside
the United States, including humanitarian, educational, labor,
and private sector organizations.
(e) International Efforts.--The President shall take the
necessary steps--
(1) to seek to obtain the agreement of other
countries and of international financial institutions
and multilateral organizations to provide to a
transition government in Cuba, and to a democratically
elected government in Cuba, assistance comparable to
that provided by the United States under this Act; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance
programs.
(f) Communication With the Cuban People.--The President
shall take the necessary steps to communicate to the Cuban
people the plan for assistance developed under this section.
(g) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a report describing
in detail the plan developed under this section.
(h) Report on Trade and Investment Relations.--
(1) Report to congress.--The President, following the
transmittal to the Congress of a determination under
section 203(c)(3) that a democratically elected
government in Cuba is in power, shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate and the appropriate congressional committees a
report that describes--
(A) acts, policies, and practices which
constitute significant barriers to, or
distortions of, United States trade in goods or
services or foreign direct investment with
respect to Cuba;
(B) policy objectives of the United States
regarding trade relations with a democratically
elected government in Cuba, and the reasons
therefor, including possible--
(i) reciprocal extension of
nondiscriminatory trade treatment
(most-favored-nation treatment);
(ii) designation of Cuba as a
beneficiary developing country under
title V of the Trade Act of 1974
(relating to the Generalized System of
Preferences) or as a beneficiary
country under the Caribbean Basin
Economic Recovery Act, and the
implications of such designation with
respect to trade with any other country
that is such a beneficiary developing
country or beneficiary country or is a
party to the North American Free Trade
Agreement; and
(iii) negotiations regarding free
trade, including the accession of Cuba
to the North American Free Trade
Agreement;
(C) specific trade negotiating objectives of
the United States with respect to Cuba,
including the objectives described in section
108(b)(5) of the North American Free Trade
Agreement Implementation Act (19 U.S.C.
3317(b)(5)); and
(D) actions proposed or anticipated to be
undertaken, and any proposed legislation
necessary or appropriate, to achieve any of
such policy and negotiating objectives.
(2) Consultation.--The President shall consult with
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate and the appropriate congressional committees and
shall seek advice from the appropriate advisory
committees established under section 135 of the Trade
Act of 1974 regarding the policy and negotiating
objectives and the legislative proposals described in
paragraph (1).

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

SEC. 205.\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).
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(b) Amount in Controversy.--An action may be brought under
this section by a United States national only where the amount
in controversy exceeds the sum or value of $50,000, exclusive
of interest, costs, and attorneys' fees. In calculating $50,000
for purposes of the preceding sentence, the applicable amount
under subclause (I), (II), or (III) of subsection (a)(1)(A)(i)
may not be tripled as provided in subsection (a)(3).
(c) Procedural Requirements.--
(1) In general.--Except as provided in this title,
the provisions of title 28, United States Code, and the
rules of the courts of the United States apply to
actions under this section to the same extent as such
provisions and rules apply to any other action brought
under section 1331 of title 28, United States Code.
(2) Service of process.--In an action under this
section, service of process on an agency or
instrumentality of a foreign state in the conduct of a
commercial activity, or against individuals acting
under color of law, shall be made in accordance with
section 1608 of title 28, United States Code.
(d) Enforceability of Judgments Against Cuban Government.--
In an action brought under this section, any judgment against
an agency or instrumentality of the Cuban Government shall not
be enforceable against an agency or instrumentality of either a
transition government in Cuba or a democratically elected
government in Cuba.
(e) Certain Property Immune From Execution.--Section 1611
of title 28, United States Code, is amended by adding at the
end the following new subsection:
``(c) Notwithstanding the provisions of section 1610 of
this chapter, the property of a foreign state shall be immune
from attachment and from execution in an action brought under
section 302 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 to the extent that the property is a
facility or installation used by an accredited diplomatic
mission for official purposes.''.
(f) Election of Remedies.--
(1) Election.--Subject to paragraph (2)--
(A) any United States national that brings an
action under this section may not bring any
other civil action or proceeding under the
common law, Federal law, or the law of any of
the several States, the District of Columbia,
or any commonwealth, territory, or possession
of the United States, that seeks monetary or
nonmonetary compensation by reason of the same
subject matter; and
(B) any person who brings, under the common
law or any provision of law other than this
section, a civil action or proceeding for
monetary or nonmonetary compensation arising
out of a claim for which an action would
otherwise be cognizable under this section may
not bring an action under this section on that
claim.
(2) Treatment of certified claimants.--(A) In the
case of any United States national that brings an
action under this section based on a claim certified
under title V of the International Claims Settlement
Act of 1949--
(i) if the recovery in the action is equal to
or greater than the amount of the certified
claim, the United States national may not
receive payment on the claim under any
agreement entered into between the United
States and Cuba settling claims covered by such
title, and such national shall be deemed to
have discharged the United States from any
further responsibility to represent the United
States national with respect to that claim;
(ii) if the recovery in the action is less
than the amount of the certified claim, the
United States national may receive payment
under a claims agreement described in clause
(i) but only to the extent of the difference
between the amount of the recovery and the
amount of the certified claim; and
(iii) if there is no recovery in the action,
the United States national may receive payment
on the certified claim under a claims agreement
described in clause (i) to the same extent as
any certified claimant who does not bring an
action under this section.
(B) In the event some or all actions brought under
this section are consolidated by judicial or other
action in such manner as to create a pool of assets
available to satisfy the claims in such actions,
including a pool of assets in a proceeding in
bankruptcy, every claimant whose claim in an action so
consolidated was certified by the Foreign Claims
Settlement Commission under title V of the
International Claims Settlement Act of 1949 shall be
entitled to payment in full of its claim from the
assets in such pool before any payment is made from the
assets in such pool with respect to any claim not so
certified.
(g) Deposit of Excess Payments by Cuba Under Claims
Agreement.--Any amounts paid by Cuba under any agreement
entered into between the United States and Cuba settling
certified claims under title V of the International Claims
Settlement Act of 1949 that are in excess of the payments made
on such certified claims after the application of subsection
(f) shall be deposited into the United States Treasury.
(h) Termination of Rights.--
(1) In general.--All rights created under this
section to bring an action for money damages with
respect to property confiscated by the Cuban
Government--
(A) may be suspended under section 204(a);
and
(B) shall cease upon transmittal to the
Congress of a determination of the President
under section 203(c)(3) that a democratically
elected government in Cuba is in power.
(2) Pending suits.--The suspension or termination of
rights under paragraph (1) shall not affect suits
commenced before the date of such suspension or
termination (as the case may be), and in all such
suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if the suspension or termination had not
occurred.
(i) Imposition of Filing Fees.--The Judicial Conference of
the United States shall establish a uniform fee that shall be
imposed upon the plaintiff or plaintiffs in each action brought
under this section. The fee should be established at a level
sufficient to recover the costs to the courts of actions
brought under this section. The fee under this subsection is in
addition to any other fees imposed under title 28, United
States Code.

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

(a) Evidence of Ownership.--
---------------------------------------------------------------------------
\37\ 22 U.S.C. 6083.
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(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).
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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.
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\31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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SEC. 619.\32\ DEFINITION OF QUALIFIED DEBT.

As used in sections 616, 617, and 618, the term ``qualified
debt'' means any obligation, or portion of such obligation, of
an eligible country to pay for purchases of United States
agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized
pursuant to section 5(f) of the Commodity Credit Corporation
Charter Act or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
\32\ 7 U.S.C. 1738r. Added by sec. 2 of Public Law 102-532 (106
Stat. 3509).
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(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\
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\1\ The second sentence of sec. 534(e) of the Foreign Assistance
Act of 1961 provided the following regarding funds for the
Administration of Justice program:
``Of the funds made available to carry out this section, not more
than $7,000,000 may be made available in fiscal year 1990 to carry out
the provisions of subsection (b)(3) of this section.''.
\2\ The second sentence of sec. 599G(c) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167), provided the following:
``Not less than $7,000,000 of the funds made available to carry out
the provisions of chapter 4 of part II of the Foreign Assistance Act of
1961 for fiscal year 1990 shall be made available for the purposes of
subsection 534(b)(3) of the Foreign Assistance Act of 1961.''.
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(2) Use of military assistance pipeline for panama to
procure law enforcement equipment.--
(A) Authority.--Prior year military
assistance funds that are obligated for Panama
shall be available to finance the procurement
of defense articles by law enforcement services
(other than training) notwithstanding the
provisions of law specified in subsection (c)
of this section and section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420;
relating to the prohibition on assistance for
law enforcement forces).
(B) Limitations on lethal equipment.--Not
more than $500,000 of the funds made available
under subparagraph (A) may be used for the
procurement of lethal equipment. Only lethal
equipment that is appropriate for standard
civilian law enforcement requirements may be
procured with such funds.
(C) Prior year military assistance funds
defined.--As used in subparagraph (A), the term
``prior military assistance funds'' means funds
that were appropriated for a fiscal year prior
to fiscal year 1990 to carry out chapter 2 of
part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 and following; relating to the
grant military assistance program) or section
23 of the Arms Export Control Act (22 U.S.C.
2763; relating to foreign military sales
credits).
(3) Congressional notification requirements.--
(A) In general.--Except as provided in
subparagraph (B) of this paragraph, the
President shall notify the congressional
committees specified in section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1) in accordance with the procedures applicable
to reprogrammings under that section at least
15 days before--
(i) each obligation of funds under
paragraph (1) of this subsection, and
(ii) each commitment to use funds
under paragraph (2) of this subsection.
(B) Exception.--Such notification is not
required with respect to--
(i) obligations under paragraph (1),
and
(ii) commitments to use funds under
paragraph (2) for the procurement of
uniforms and communications equipment
(and related defense services),
that occur prior to the end of the 15-
day period beginning on the date of
enactment of this Act to the extent
that such obligations or commitments,
as the case may be, were previously
justified to the Congress.
(c) Brooke-Alexander Amendment.--The provisions of law
referred to in subsections (a)(1), (a)(2), and (b)(2)(A) of
this section are sections 620(q) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(q); and section 518 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167), and the
corresponding sections of foreign assistance appropriations
Acts for prior fiscal years.

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

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

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

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

SEC. 104. REPORT ON PANAMANIAN BANK SECRECY LAWS.

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

TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.\4\
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\4\ For text, see page 119.
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* * * * * * *
(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.
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\1\ Sec. 1 of Public Law 101-215 (103 Stat. 1852) provided the
following:
``(a) Authorization.--The Agency for International Development
shall use unobligated funds made available pursuant to section 8(a) of
Public Law 100-276 to provide medical care and other relief for
noncombatant victims of civil strife in Central America. Such
assistance shall be used to make available prosthetic devices and
rehabilitation, provide medicines and immunizations, assist burn
victims, help orphans, and otherwise provide assistance for
noncombatants who have been physically injured or displaced by civil
strife in Central America. Priority shall be given to those with the
greatest needs for assistance.''.
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(b) Use of PVO's and International Relief Organizations.--
Assistance pursuant to this section shall be provided only
through nonpolitical private and voluntary organizations and
international relief organizations. Preference in the
distribution of such assistance shall be given to organizations
presently providing similar services such as the Catholic
Relief Services, International Committee of the Red Cross,
CARE, United Nations Children's Fund, United Nations High
Commissioner for Refugees, Partners of the Americas, and the
Pan-American Health Organization.
(c) Children in Nicaragua.--At least one-half of the
assistance provided under this section shall be provided
through nonpolitical private and voluntary organizations and
international relief organizations operating inside Nicaragua.
None of this assistance may be provided to or through the
Government of Nicaragua.
Sec. 9. Verification Commission.--The President shall
transfer to the Agency for International Development
$10,000,000 of unobligated funds from the appropriations
accounts specified in section 6 for periodic payments to
support the activities of the Verification Commission
established by the Sapoa Agreement. Funds transferred pursuant
to this section shall remain available until expended.
(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.
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\3\ 22 U.S.C. 1943.
\4\ Sec. 401(b) of the FA Act of 1963 (Public Law 88-205),
substituted ``$680,000,000'' for ``$500,000,000''. Public Law 87-41,
approved May 27, 1961, appropriated $500 million for the Inter-American
Social and Economic Cooperation Program to remain available until
expended.
\5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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special authorization for chilean reconstruction

Sec. 3.\6\ There is hereby authorized to be appropriated to
the President not to exceed $100,000,000,\7\ which shall remain
available until expended, for use, in addition to other funds
available for such purposes, in the reconstruction and
rehabilitation of Chile on such terms and conditions as the
President may specify.
---------------------------------------------------------------------------
\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).
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(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''.
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(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.
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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.
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(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.
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(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\
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\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.
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(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.
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\6\ 21 U.S.C. 1713.
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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.
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\7\ 22 U.S.C. 2291-5.
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(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''.
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\8\ 21 U.S.C. 801 note.
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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.
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\9\ 21 U.S.C. 956 note.
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(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''.
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\1\ 22 U.S.C. 2151 note.
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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--
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\2\ 22 U.S.C. 2420 note.
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(1) transfers of excess defense articles under
section 517 of that Act (22 U.S.C. 2321k);
(2) funds made available for the ``Foreign Military
Financing Program'' under section 23 of the Arms Export
Control Act (22 U.S.C. 2763) that are used for
assistance provided for narcotics-related purposes; or
(3) international military education and training
under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 and following) that is
provided for narcotics-related purposes.
(b) Notification to Congress.--At least 15 days before any
transfer under subsection (a)(1) or any obligation of funds
under subsection (a)(2) or (a)(3), the President shall notify
the appropriate congressional committees (as defined in section
481(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)) in accordance with the procedures applicable to
reprogramming notifications under section 634A of that Act (22
U.S.C. 2394).
(c) Coordination With International Narcotics Control
Assistance Program.--Assistance provided pursuant to this
section shall be coordinated with international narcotics
control assistance under chapter 8 of part 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).
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\3\ 22 U.S.C. 2151 note.
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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.
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\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).
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(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.).
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\5\ 8 U.S.C. 1182 note.
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TITLE II--NATO PARTICIPATION ACT OF 1994 \6\

* * * * * * *
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\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''.
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\1\ 22 U.S.C. 2151 note.
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(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;
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\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\
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\2\ For the Arms Control and Disarmament Act, see Legislation on
Foreign Relations Through 2005, vol. II.
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TITLE XII--MILITARY AND RELATED ASSISTANCE

Subtitle A--Foreign Military Sales and Financing Authorities

SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the President for
grant assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763) and for the subsidy cost, as defined in
section 502(5) of the Federal Credit Reform Act of 1990, of
direct loans under such section $4,107,200,000 for fiscal year
2003.

SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS. * * * \3\
---------------------------------------------------------------------------

\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)).
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\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\
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\6\ For amended text, see pages 454, 456.
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(b) Authorization of Appropriations for Egypt.--Section 514
of the Security Assistance Act of 2000 (Public Law 106-280) is
amended--* * * \6\

SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.

(a) In General.--Of the amount made available for the
fiscal year 2003 to carry out chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year 2003 is authorized to
be available for Greece; and
(2) $2,800,000 for fiscal year 2003 is authorized to
be available for Turkey.
(b) Use for Professional Military Education.--Of the
amounts available under paragraphs (1) and (2) of subsection
(a) for fiscal year 2003, $500,000 of each such amount should
be available for purposes of professional military education.
(c) Use for Joint Training.--It is the sense of Congress
that, to the maximum extent practicable, amounts available
under subsection (a) that are used in accordance with
subsection (b) should be used for joint training of Greek and
Turkish officers.
(d) Repeal.--Effective October 1, 2002, section 512 of the
Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
856) is repealed.

SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.

(a) FMF for Certain Other Countries.--Of the total amount
made available for the fiscal year 2003 under section 23 of the
Arms Export Control Act (22 U.S.C. 2763), the following amounts
are authorized to be available on a grant basis for the
following countries:
(1) The baltic states.--For all of the Baltic states
of Estonia, Latvia, and Lithuania, $22,000,000.
(2) Bulgaria.--For Bulgaria, $11,000,000.
(3) The czech republic.--For the Czech Republic,
$11,000,000.
(4) Georgia.--For Georgia, $7,000,000.
(5) Hungary.--For Hungary, $11,000,000.
(6) Jordan.--For Jordan, $198,000,000.
(7) Malta.--For Malta, $1,150,000.
(8) The philippines.--For the Philippines,
$25,000,000.
(9) Poland.--For Poland, $16,000,000.
(10) Romania.--For Romania, $12,000,000.
(11) Slovakia.-- For Slovakia, $9,000,000.
(12) Slovenia.--For Slovenia, $5,000,000.
(b) IMET.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.), the following
amounts are authorized to be available for the following
countries:
(1) The baltic states.--For all of the Baltic states
of Estonia, Latvia, and Lithuania, $3,300,000.
(2) Bulgaria.--For Bulgaria, $1,370,000.
(3) The czech republic.--For the Czech Republic,
$1,900,000.
(4) Georgia.--For Georgia, $1,200,000.
(5) Hungary.--For Hungary, $1,900,000.
(6) Jordan.--For Jordan, $4,000,000.
(7) Malta.--For Malta, $350,000.
(8) The philippines.--For the Philippines,
$2,000,000.
(9) Poland.--For Poland, $2,000,000.
(10) Romania.--For Romania, $1,500,000.
(11) Slovakia.--For Slovakia, $950,000.
(12) Slovenia.--For Slovenia, $950,000.
(c) Repeals.--Sections 511 (a) and (b) and 515 of the
Security Assistance Act of 2000 are repealed.

SEC. 1224.\7\ ASSISTANCE TO LEBANON.

(a) Prohibition.--Notwithstanding any other provision of
law, $10,000,000 of the amounts made available for fiscal year
2003 or any subsequent fiscal year that are allocated for
assistance to Lebanon under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund) may not be obligated unless and until
the President certifies to the appropriate congressional
committees that--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 2346 note.
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(1) the armed forces of Lebanon have been deployed to
the internationally recognized border between Lebanon
and Israel; and
(2) the Government of Lebanon is effectively
asserting its authority in the area in which such armed
forces have been deployed.
(b) Requirement Relating to Funds Withheld.--
Notwithstanding any other provision of law, any funds withheld
pursuant to subsection (a) may not be programmed in order to be
used for a purpose other than for assistance to Lebanon until
the last month of the fiscal year in which the authority to
obligate such funds lapses.

Subtitle D--Excess Defense Article and Drawdown Authorities

SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.

(a) Authority.--Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the
fiscal year 2003 funds available to the Department of Defense
may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Bulgaria,
Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--It is the sense of Congress that
the authority provided under this section should be utilized
only for those countries demonstrating a genuine commitment to
democracy and human rights.

SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.

Section 25(a) of the Arms Export Control Act (22 U.S.C.
2765(a)) is amended--* * *

SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.

Section 61(b) of the Arms Export Control Act (22 U.S.C.
2796(b)), is amended--* * *

SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE
ARTICLES.

Section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)) is amended * * *

Subtitle E--Other Political-Military Assistance

SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.

Of the funds authorized to be appropriated to the President
for fiscal year 2003 to carry out chapters 1 and 10 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
relating to development assistance, up to $10,000,000 is
authorized to be made available for the destruction of surplus
stockpiles of small arms, light weapons, and other munitions.

Subtitle F--Antiterrorism Assistance

SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.

Section 574(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa-4(a)) is amended by striking ``and $73,000,000
for fiscal year 2002'' and inserting ``, $73,000,000 for fiscal
year 2002, and $64,200,000 for fiscal year 2003''.

Subtitle G--Other Matters

SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR
ALLIES.

Section 514(b)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321h(b)(2)) is amended to read as follows: * * *

SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.

(a) Exception for Certain Countries.--Section 656(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
* * *
(b) Annual Military Assistance Reports.--Section 655 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended--* *
*
(c) Quarterly Reports on Government-To-Government Arms
Exports.--Section 36(a) of the Arms Export Control Act (22
U.S.C. 2776(a)) is amended--* * *

SEC. 1263.\8\ CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.

Beginning 180 days after the date of enactment of this Act,
and every 180 days thereafter, the President shall provide
detailed briefings to and consult with the appropriate
congressional committees regarding the United States security
assistance to Taiwan, including the provision of defense
articles and defense services.
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\8\ 22 U.S.C. 3302 note.
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TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Subtitle A--General Provisions

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization.--Section 585 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349bb-4) is amended--* * *
(b) Suballocations.--Of the amount authorized to be
appropriated to the President for fiscal year 2003 by section
585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
4)--
(1) $2,000,000 is authorized to be available for such
fiscal year for the purpose of carrying out section 584
of the Foreign Assistance Act of 1961, as added by
section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized
to be available for science and technology centers in
the independent states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
repealed.
(d) Further Authorization.--There is authorized to be
appropriated under ``Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' $382,400,000 for fiscal year
2003.

SEC. 1302.\9\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.

(a) In General.--For the purpose of enhancing the
nonproliferation and export control capabilities of friendly
countries, of the amount authorized to be appropriated for
fiscal year 2003 by section 585 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
to make available--
---------------------------------------------------------------------------
\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:
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\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\
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\11\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
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(b) Limitation on Number of Scientists Eligible for Visas
Under Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note)
is amended * * *
(c) Limitation on Eligibility.--Section 4(a) of that Act (8
U.S.C. 1153 note) is amended by adding at the end the following
new sentence: * * *
(d) \12\ Consultation Requirement.--The Attorney General
shall consult with the Secretary, the Secretary of Defense, the
Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
---------------------------------------------------------------------------
\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 * * *
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\13\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
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(b) Determination Exempting Foreign Persons From Certain
Measures Under the Act.--Section 5(a)(2) of such Act is amended
* * *

SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF
1999.\14\

(a) Restrictions.--Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
* * *
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\14\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
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(b) Specified Nuclear Item Defined.--Section 823 of the
North Korea Threat Reduction Act of 1999 is amended * * *

SEC. 1308.\15\ ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
CHEMICAL, AND RADIOLOGICAL WEAPONS.

(a) Report.--Not later than March 1, 2003, and annually
thereafter, the President shall transmit to the designated
congressional committees an annual report on the transfer by
any country of weapons, technology, components, or materials
that can be used to deliver, manufacture (including research
and experimentation), or weaponize nuclear, biological,
chemical or radiological weapons (in this section referred to
as ``NBC weapons'') to any country other than a country
referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or
other system that the Secretary or the Secretary of Defense has
reason to believe could be used to develop, acquire, or deliver
NBC weapons.
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\15\ 50 U.S.C. 2368.
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(b) Matters To Be Included.--Each such report shall
include--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary or the Secretary of Defense has reason to
believe may be intended for the delivery of NBC
weapons;
(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
or the Secretary of Defense has reason to believe may
be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary or the
Secretary of Defense has reason to believe could be
used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC
weapons delivery and weaponization programs in any such
country, including efforts by such country or by any
subnational group to acquire MTCR-controlled equipment,
NBC-capable aircraft, or any other weapon or major
weapon component which may be utilized in the delivery
of NBC weapons, whose primary use is the delivery of
NBC weapons, or that the Secretary or the Secretary of
Defense has reason to believe could be used to deliver
NBC weapons.
(2) The status of NBC weapons development,
acquisition, manufacture, stockpiling, and deployment
programs in any such country, including efforts by such
country or by any subnational group to acquire
essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of
feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country or subnational group
in the acquisition or development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR
or that the Secretary or the Secretary of
Defense has reason to believe may be used to
deliver NBC weapons; and
(C) aircraft and other delivery systems and
weapons that the Secretary or the Secretary of
Defense has reason to believe could be used to
deliver NBC weapons.
(4) A listing of those persons and countries that
continue to provide such equipment or technology
described in paragraph (3) to any country or
subnational group as of the date of submission of the
report, including the extent to which foreign persons
and countries were found to have knowingly and
materially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology
described in paragraph (3) by any foreign country or
subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and
other arrangements affecting the acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
arrangements.
(7) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
arrangements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
(8) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)).
(9) An explanation of United States policy regarding
the transfer of MTCR equipment or technology to foreign
missile programs, including programs involving launches
of space vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which
is subject to sanctions under the Iran-Iraq Arms Non-
Proliferation Act of 1992 (title XVI of Public Law 102-
484).
(d) Exclusions.--The countries excluded under subsection
(a) are Australia, Belgium, Canada, the Czech Republic,
Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and the
United States.
(e) Classification of Report.--The Secretary shall make
every effort to submit all of the information required by this
section in unclassified form. Whenever the Secretary submits
any such information in classified form, the Secretary shall
submit such classified information in an addendum and shall
also submit concurrently a detailed summary, in unclassified
form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The
terms ``missile'', ``MTCR'', and ``MTCR equipment or
technology'' have the meanings given those terms in
section 74 of the Arms Export Control Act (22 U.S.C.
2797c).
(3) Person.--The term ``person'' means any United
States or foreign individual, partnership, corporation,
or other form of association, or any of its successor
entities, parents, or subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize''
or ``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily
useful means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and
1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and
Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (Public Law 102-
484).
(D) Paragraph (d) of section 585 of the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of
division A of Public Law 104-208; 110 Stat.
3009-171).
(2) Conforming amendments.--Section 585 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, is amended--* * *

SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prepare and submit to
the appropriate congressional committees a 3-year international
arms control and nonproliferation strategy. The strategy shall
contain the following:
(1) A 3-year plan for the reduction of existing
nuclear, chemical, and biological weapons and ballistic
missiles and for controlling the proliferation of these
weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and
nonproliferation of weapons of mass destruction and
their delivery systems.
(3) A description of the programs, projects, and
activities of the Department of State intended to
accomplish goals and objectives described in paragraph
(2).

Subtitle B--Russian Federation Debt Reduction for Nonproliferation

SEC. 1311.\16\ SHORT TITLE.

This subtitle may be cited as the ``Russian Federation Debt
for Nonproliferation Act of 2002''.
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\16\ 22 U.S.C. 5952 note.
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SEC. 1312.\16\ FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the
United States to prevent the spread of weapons of mass
destruction to additional states or to terrorist
organizations, and to ensure that other nations'
obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national
security interests of the United States to ensure
that--
(A) all stocks of nuclear weapons and
weapons-usable nuclear material in the Russian
Federation are secure and accounted for;
(B) stocks of nuclear weapons and weapons-
usable nuclear material that are excess to
military needs in the Russian Federation are
monitored and reduced;
(C) any chemical or biological weapons,
related materials, and facilities in the
Russian Federation are destroyed;
(D) the Russian Federation's nuclear weapons
complex is reduced to a size appropriate to its
post-Cold War missions, and its experts in
weapons of mass destruction technologies are
shifted to gainful and sustainable civilian
employment;
(E) the Russian Federation's export control
system blocks any proliferation of weapons of
mass destruction, the means of delivering such
weapons, and materials, equipment, know-how, or
technology that would be used to develop,
produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to
provide confidence that they have in fact been
accomplished and that the funds provided to
accomplish these objectives have been spent
efficiently and effectively.
(3) United States programs should be designed to
accomplish these vital objectives in the Russian
Federation as rapidly as possible, and the President
should develop and present to Congress a plan for doing
so.
(4) Substantial progress has been made in United
States-Russian Federation cooperative programs to
achieve these objectives, but much more remains to be
done to reduce the urgent risks to United States
national security posed by the current state of the
Russian Federation's weapons of mass destruction
stockpiles and complexes.
(5) The threats posed by inadequate management of
weapons of mass destruction stockpiles and complexes in
the Russian Federation remain urgent. Incidents in
years immediately preceding 2001, which have been cited
by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian
Federation's largest nuclear weapons facilities
to steal nearly enough highly enriched uranium
for a nuclear bomb;
(B) an attempt by an employee of the Russian
Federation's premier nuclear weapons facility
to sell nuclear weapons designs to agents of
Iraq and Afghanistan; and
(C) the theft of radioactive material from a
Russian Federation submarine base.
(6) Addressing these threats to United States and
world security will ultimately consume billions of
dollars, a burden that will have to be shared by the
Russian Federation, the United States, and other
governments, if these threats are to be neutralized.
(7) The creation of new funding streams could
accelerate progress in reducing these threats to United
States security and help the government of the Russian
Federation to fulfill its responsibility for secure
management of its weapons stockpiles and complexes as
United States assistance phases out.
(8) The Russian Federation has a significant foreign
debt, a substantial proportion of which it inherited
from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a
portion of a country's foreign debt is canceled in
return for certain environmental commitments or
payments by that country, suggest that a debt-for-
nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official
bilateral debt is held by United States allies that are
advanced industrial democracies. Since the issues
described pose threats to United States allies as well,
United States leadership that results in a larger
contribution from United States allies to cooperative
threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership
against the Spread of Weapons and Materials of Mass
Destruction, under which the advanced industrial
democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation
during a 10-year period, with each contributing country
having the option to fund some or all of its
contribution through reduction in the Russian
Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official
debt to the United States is estimated to be
$480,000,000 in Lend-Lease debt and $2,250,000,000 in
debt as a result of credits extended under title I of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United
States objectives described in the findings set forth
in subsection (a) by providing for the use of a portion
of the Russian Federation's foreign debt to fund
nonproliferation programs, thus allowing the use of
additional resources for these purposes; and
(2) to help ensure that the resources made available
to the Russian Federation are targeted to the
accomplishment of the United States objectives
described in the findings set forth in subsection (a).

SEC. 1313.\16\ DEFINITIONS.

In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given
that term in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment
agreement or agreement.--The term ``Russian Federation
Nonproliferation Investment Agreement'' or
``Agreement'' means the agreement between the United
States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt''
means debt owed as a result of loans or credits
provided by the United States (or any agency of the
United States) to the Union of Soviet Socialist
Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The
term ``state sponsor of international terrorism'' means
those countries that have been determined by the
Secretary of State, for the purposes of section 40 of
the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.

SEC. 1314.\16\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
DEBT OBLIGATIONS TO THE UNITED STATES.

(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a
Russian Federation Nonproliferation Investment
Agreement, the President may reduce amounts of Soviet-
era debt owed by the Russian Federation to the United
States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the
fiscal year preceding the fiscal year for which
appropriations are available for the reduction of debt,
in accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph
(1) shall be available only to the extent that
appropriations for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
reducing any debt pursuant to such subsection are made
in advance.
(3) Supersedes existing law.--The authority provided
by paragraph (1) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(r)) or section 321 of the International
Development and Food Assistance Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority conferred upon the President in
this subtitle to the Secretary of State.
(2) Establishment of terms and conditions.--
Consistent with this subtitle, the President shall
establish the terms and conditions under which loans
and credits may be reduced pursuant to subsection (a).
(3) Implementation.--In exercising the authority of
subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
Soviet Union under the Lend Lease Act
of 1941; and
(ii) the Commodity Credit
Corporation, with respect to
obligations of the former Soviet Union
under the Commodity Credit Corporation
Act;
(B) shall direct the cancellation of old
obligations and the substitution of new
obligations consistent with the Russian
Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to
make an adjustment in the relevant accounts to
reflect the new debt treatment.
(4) Deposit of repayments.--All repayments of
outstanding loan amounts under subsection (a) that are
not designated under a Russian Federation
Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction
of Soviet-era debt pursuant to this subtitle shall not
be considered assistance for the purposes of any
provision of law limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
modifying any Soviet-era debt obligation pursuant to
subsection (a), there are authorized to be appropriated
to the President such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.

SEC. 1315.\16\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT
AGREEMENT.

(a) In General.--
(1) In general.--The President is authorized to enter
into an agreement with the Russian Federation under
which an amount equal to the value of the debt reduced
pursuant to section 1314 will be used to promote the
nonproliferation of weapons of mass destruction and the
means of delivering such weapons. An agreement entered
into under this section may be referred to as the
``Russian Federation Nonproliferation Investment
Agreement''.
(2) Congressional notification.--The President shall
notify the appropriate congressional committees at
least 15 days in advance of the United States entering
into a Russian Federation Nonproliferation Investment
Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available by the
Russian Federation for agreed nonproliferation programs
and projects;
(2) each program or project funded pursuant to the
Agreement will be approved by the President;
(3) the administration and oversight of
nonproliferation programs and projects will incorporate
best practices from established threat reduction and
nonproliferation assistance programs;
(4) each program or project funded pursuant to the
Agreement will be subject to monitoring and audits
conducted by or for the United States Government to
confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the
Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant
to the Agreement will not be subject to any taxation by
the Russian Federation;
(7) all matters relating to the intellectual property
rights and legal liabilities of United States firms in
any project will be agreed upon before the expenditure
of funds would be authorized for that project; and
(8) not less than 75 percent of the funds made
available for each nonproliferation program or project
under the Agreement will be spent in the Russian
Federation.
(c) Use of Existing Mechanisms.--It is the sense of
Congress that, to the extent practicable, the boards and
administrative mechanisms of existing threat reduction and
nonproliferation programs should be used in the administration
and oversight of programs and projects under the Agreement.
(d) Joint Auditing.--It is the sense of Congress that the
United States and the Russian Federation should consider
commissioning the United States General Accounting Office \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.''.
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(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''.
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\18\ 50 U.S.C. 2301 note.
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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.
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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.
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\24\ 50 U.S.C. 2357e.
---------------------------------------------------------------------------

SEC. 1338.\25\ STATUTORY CONSTRUCTION.

Nothing in this subtitle--
---------------------------------------------------------------------------
\25\ 50 U.S.C. 2357f.
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(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States
department or agency over nonproliferation efforts in
the independent states of the former Soviet Union, and
the review of those efforts undertaken by the
coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or
prejudice any other process provided by law; or
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).

SEC. 1339.\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.
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\26\ 50 U.S.C. 2357g.
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(b) Consultation.--The President should consult with and
brief, from time to time, the appropriate committees of
Congress regarding the efficacy of the coordination mechanism
established pursuant to section 1334 of this Act in achieving
its stated objectives.

Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002

SEC. 1341.\27\ SHORT TITLE.

This subtitle may be cited as the ``Iran Nuclear
Proliferation Prevention Act of 2002''.
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\27\ 22 U.S.C. 2021 note.
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SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
IRAN.

Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) is amended by adding at the end the following: * *
*

SEC. 1343.\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.
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(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and
projects of the International Atomic Energy Agency
(IAEA) in the countries described in section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
and shall determine if such programs and projects are
consistent with United States nuclear nonproliferation
and safety goals.
(2) Report.--Not later than one year after the date
of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit
to Congress a report containing the results of the
review under paragraph (1).
(b) Opposition To Certain Programs and Projects of
International Atomic Energy Agency.--The Secretary shall direct
the United States representative to the International Atomic
Energy Agency to oppose programs of the Agency that are
determined by the Secretary under the review conducted under
subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.

SEC. 1344.\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--
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\29\ 22 U.S.C. 2021 note.
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(1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy
Agency;
(2) a list of Iranian officials in leadership
positions at the Agency;
(3) the expected timeframe for the completion of the
nuclear power reactors at the Bushehr nuclear power
plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding
year that could assist in the development of Iran's
nuclear weapons program; and
(5) a description of all programs and projects of the
International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
between the technical cooperation and assistance
programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those
countries.
(b) Additional Requirement.--The report required to be
submitted under subsection (a) shall be submitted in an
unclassified form, to the extent appropriate, but may include a
classified annex.

SEC. 1345. SENSE OF CONGRESS.

It is the sense of Congress that the President should
pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded
under the Technical Cooperation and Assistance Fund of the
Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms.

TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS

SEC. 1401. LICENSE OFFICER STAFFING.

(a) Funding.--Of the amount authorized to be appropriated
by section 111(a)(1)(A), $10,000,000 is authorized to be
available for salaries and expenses of the Office of Defense
Trade Controls of the Department.
(b) Assignment of License Review Officers.--Effective
January 1, 2003, the Secretary shall assign to the Office of
Defense Trade Controls of the Department a sufficient number of
license review officers to ensure that the average weekly
caseload for each officer does not routinely exceed 40.
(c) Detailees.--Given the priority placed on expedited
license reviews in recent years by the Department of Defense,
the Secretary of Defense should ensure that 10 military
officers are continuously detailed to the Office of Defense
Trade Controls of the Department of State on a nonreimbursable
basis.

SEC. 1402. FUNDING FOR DATABASE AUTOMATION.

Of the amount authorized to be appropriated by section
111(a)(2), $4,000,000 is authorized to be available for the
Office of Defense Trade Controls of the Department for the
modernization of information management systems.

SEC. 1403.\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.
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\30\ 22 U.S.C. 2778 note.
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(b) Establishment of an Electronic System.--Of the amount
made available pursuant to section 1402 of this Act, $3,000,000
is authorized to be available to fully automate the Defense
Trade Application System, and to ensure that the system--
(1) is a secure, electronic system for the filing and
review of Munitions List license applications;
(2) is accessible by United States companies through
the Internet for the purpose of filing and tracking
their Munitions List license applications; and
(3) is capable of exchanging data with--
(A) the Export Control Automated Support
System of the Department of Commerce;
(B) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of
the Department of Defense;
(C) the Export Control System of the Central
Intelligence Agency; and
(D) the Proliferation Information Network
System of the Department of Energy.
(c) Munitions List Defined.--In this section, the term
``Munitions List'' means the United States Munitions List of
defense articles and defense services controlled under section
38 of the Arms Export Control Act (22 U.S.C. 2778).

SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.

(a) \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--
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\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\
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\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.
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(b) Licenses for Exports to India and Pakistan.--Section
9001(e) of the Department of Defense Appropriations Act, Fiscal
Year 2000 (Public Law 106-79) is amended by adding at the end
the following: ``The application of these requirements shall be
subject to the dollar amount thresholds specified in that
section.''.

SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.

Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
778(f)(1)) is amended by striking the third sentence and
inserting the following: ``The President may not remove any
item from the Munitions List until 30 days after the date on
which the President has provided notice of the proposed removal
to the Committee on International Relations of the House of
Representatives and to the Committee on Foreign Relations of
the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the
nature of any controls to be imposed on that item under any
other provision of law.''.

TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY

SEC. 1501. BRIEFING ON THE STRATEGY.

Not later than March 31, 2003, officials of the Department
and the Department of Defense shall brief the appropriate
congressional committees regarding their plans and progress in
formulating and implementing a national security assistance
strategy. This briefing shall include--
(1) a description of how, and to what extent, the
elements of the strategy recommended in section 501(b)
of the Security Assistance Act of 2000 (22 U.S.C.
2305(b)) have been or will be incorporated in security
assistance plans and decisions;
(2) the number of out-years considered in the
strategy;
(3) a description of the actions taken to include the
programs listed in section 501(c) of the Security
Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as
similar programs of military training or other
assistance to the military or security forces of a
foreign country;
(4) a description of how a national security
assistance strategy is being implemented regarding
specific countries;
(5) a description of any programmatic changes adopted
or expected as a result of adopting a strategic
approach to security assistance policymaking;
(6) a description of any obstacles encountered in
formulating or implementing a national security
assistance strategy; and
(7) a description of any resource or legislative
needs highlighted by this process.

SEC. 1502. SECURITY ASSISTANCE SURVEYS.

(a) Utilization.--The Secretary should utilize security
assistance surveys in preparation of a national security
assistance strategy pursuant to section 501 of the Security
Assistance Act of 2000 (22 U.S.C. 2305).
(b) Funding.--Of the amount made available for the fiscal
year 2003 under section 23 of the Arms Export Control Act (22
U.S.C. 2763), $2,000,000 is authorized to be available to the
Secretary to conduct security assistance surveys, or to request
such surveys, on a reimbursable basis, by the Department of
Defense or other United States Government agencies. Such
surveys shall be conducted consistent with the requirements of
section 26 of the Arms Export Control Act (22 U.S.C. 2766).

TITLE XVI--MISCELLANEOUS PROVISIONS

SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.

(a) United States Policy.--It shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
encourage and work with the governments of India and Pakistan
to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that
can carry nuclear weapons and to restrain the ranges
and types of missiles developed or deployed.
(4) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Zangger Committee.
(6) Agreement by both governments to bring their
export controls in accord with the guidelines,
requirements, and annexes of the Missile Technology
Control Regime.
(7) Establishment of a modern, effective system to
control the export of sensitive dual-use items,
technology, technical information, and materiel that
can be used in the design, development, or production
of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and
Pakistani senior officials to discuss security issues
and establish confidence-building measures with respect
to nuclear policies and programs.
(b) Further United States Policy.--It shall also be the
policy of the United States, consistent with its obligations
under the Treaty on the Nonproliferation of Nuclear Weapons (21
U.S.T. 483), to encourage, and, where appropriate, to work
with, the Governments of India and Pakistan to achieve not
later than September 30, 2003, the establishment by those
governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use,
accidental employment, or theft. Any such dialogue with India
or Pakistan would not be represented or considered, nor would
it be intended, as granting any recognition to India or
Pakistan, as appropriate, as a nuclear weapon state (as defined
in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.

SEC. 1602.\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.
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\33\ 42 U.S.C. 7704 note.
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SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.

(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other
relevant United States departments and agencies, as
appropriate, should develop measures to improve the process by
which United States Government personnel may be detailed to
international arms control and nonproliferation organizations
without adversely affecting the pay or career advancement of
such personnel.
(b) Report Required.--Not later than May 1, 2003, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives setting forth the
measures taken under subsection (a).

SEC. 1604.\34\ DIPLOMATIC PRESENCE OVERSEAS.

(a) Purpose.--The purpose of this section is to--
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\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''.
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\1\ 22 U.S.C. 1928 note.
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SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) In the NATO Participation Act of 1994 (title II
of Public Law 103-447; 22 U.S.C. 1928 note), Congress
declared that ``full and active participants in the
Partnership for Peace in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area
should be invited to become full NATO members in
accordance with Article 10 of such Treaty at an early
date . . .''.
(2) In the NATO Enlargement Facilitation Act of 1996
(title VI of section 101(c) of title I of division A of
Public Law 104-208; 22 U.S.C. 1928 note), Congress
called for the prompt admission of Poland, Hungary, the
Czech Republic, and Slovenia to NATO, and declared that
``in order to promote economic stability and security
in Slovakia, Estonia, Latvia, Lithuania, Romania,
Bulgaria, Albania, Moldova, and Ukraine . . . the
process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be
limited to consideration of admitting Poland, Hungary,
the Czech Republic, and Slovenia as full members of the
NATO Alliance''.
(3) In the European Security Act of 1998 (title XXVII
of division G of Public Law 105-277; 22 U.S.C. 1928
note), Congress declared that ``Poland, Hungary, and
the Czech Republic should not be the last emerging
democracies in Central and Eastern Europe invited to
join NATO'' and that ``Romania, Estonia, Latvia,
Lithuania, and Bulgaria . . . would make an outstanding
contribution to furthering the goals of NATO and
enhancing stability, freedom, and peace in Europe
should they become NATO members [and] upon complete
satisfaction of all relevant criteria should be invited
to become full NATO members at the earliest possible
date''.
(4) At the Madrid Summit of the NATO Alliance in July
1997, Poland, Hungary, and the Czech Republic were
invited to join the Alliance in the first round of NATO
enlargement, and the NATO heads of state and government
issued a declaration stating ``[t]he Alliance expects
to extend further invitations in coming years to
nations willing and able to assume the responsibilities
and obligations of membership . . . [n]o European
democratic country whose admission would fulfill the
objectives of the [North Atlantic] Treaty will be
excluded from consideration''.
(5) At the Washington Summit of the NATO Alliance in
April 1999, the NATO heads of state and government
issued a communique declaring ``[w]e pledge that NATO
will continue to welcome new members in a position to
further the principles of the [North Atlantic] Treaty
and contribute to peace and security in the Euro-
Atlantic area . . . [t]he three new members will not be
the last . . . [n]o European democratic country whose
admission would fulfill the objectives of the Treaty
will be excluded from consideration, regardless of its
geographic location . . .''.
(6) In late 2002, NATO will hold a summit in Prague,
the Czech Republic, at which it will decide which
additional emerging democracies in Central and Eastern
Europe to invite to join the Alliance in the next round
of NATO enlargement.
(7) In May 2000 in Vilnius, Lithuania, the foreign
ministers of Albania, Bulgaria, Estonia, Latvia,
Lithuania, the Former Yugoslav Republic of Macedonia,
Romania, Slovakia, and Slovenia issued a statement
(later joined by Croatia) declaring that their
countries will cooperate in jointly seeking NATO
membership in the next round of NATO enlargement, that
the realization of NATO membership by one or more of
these countries would be a success for all, and that
eventual NATO membership for all of these countries
would be a success for Europe and NATO.
(8) On June 15, 2001, in a speech in Warsaw, Poland,
President George W. Bush stated ``[a]ll of Europe's new
democracies, from the Baltic to the Black Sea and all
that lie between, should have the same chance for
security and freedom--and the same chance to join the
institutions of Europe--as Europe's old democracies
have . . . I believe in NATO membership for all of
Europe's democracies that seek it and are ready to
share the responsibilities that NATO brings . . . [a]s
we plan to enlarge NATO, no nation should be used as a
pawn in the agenda of others . . . [w]e will not trade
away the fate of free European peoples . . . [n]o more
Munichs . . . [n]o more Yaltas . . . [a]s we plan the
Prague Summit, we should not calculate how little we
can get away with, but how much we can do to advance
the cause of freedom''.
(9) On October 22, 1996, in a speech in Detroit,
Michigan, former President William J. Clinton stated
``NATO's doors will not close behind its first new
members . . . NATO should remain open to all of
Europe's emerging democracies who are ready to shoulder
the responsibilities of membership . . . [n]o nation
will be automatically excluded . . . [n]o country
outside NATO will have a veto . . . [a] gray zone of
insecurity must not reemerge in Europe''.

SEC. 3. DECLARATIONS OF POLICY.

Congress--
(1) reaffirms its previous expressions of support for
continued enlargement of the NATO Alliance contained in
the NATO Participation Act of 1994, the NATO
Enlargement Facilitation Act of 1996, and the European
Security Act of 1998;
(2) supports the commitment to further enlargement of
the NATO Alliance expressed by the Alliance in its
Madrid Declaration of 1997 and its Washington Summit
Communique of 1999; and
(3) endorses the vision of further enlargement of the
NATO Alliance articulated by President George W. Bush
on June 15, 2001, and by former President William J.
Clinton on October 22, 1996, and urges our NATO allies
to work with the United States to realize this vision
at the Prague Summit in 2002.

SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO
PARTICIPATION ACT OF 1994.

(a) In General.--Slovakia is designated as eligible to
receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 (title II of
Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to
have been so designated pursuant to section 203(d)(1) of such
Act.
(b) Rule of Construction.--The designation of Slovakia
pursuant to subsection (a) as eligible to receive assistance
under the program established under section 203(a) of the NATO
Participation Act of 1994--
(1) is in addition to the designation of Poland,
Hungary, the Czech Republic, and Slovenia pursuant to
section 606 of the NATO Enlargement Facilitation Act of
1996 (title VI of section 101(c) of title I of division
A of Public Law 104-208; 22 U.S.C. 1928 note) and the
designation of Romania, Estonia, Latvia, Lithuania, and
Bulgaria pursuant to section 2703(b) of the European
Security Act of 1998 (title XXVII of division G of
Public Law 105-277; 22 U.S.C. 1928 note) as eligible to
receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994;
and
(2) shall not preclude the designation by the
President of other emerging democracies in Central and
Eastern Europe pursuant to section 203(d)(2) of the
NATO Participation Act of 1994 as eligible to receive
assistance under the program established under section
203(a) of such Act.

SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
UNDER THE NATO PARTICIPATION ACT OF 1994.

(a) Authorization of Foreign Military Financing.--Of the
amounts made available for fiscal year 2002 under section 23 of
the Arms Export Control Act (22 U.S.C. 2763)--
(1) $6,500,000 is authorized to be available on a
grant basis for Estonia;
(2) $7,000,000 is authorized to be available on a
grant basis for Latvia;
(3) $7,500,000 is authorized to be available on a
grant basis for Lithuania;
(4) $8,500,000 is authorized to be available on a
grant basis for Slovakia;
(5) $4,500,000 is authorized to be available on a
grant basis for Slovenia;
(6) $10,000,000 is authorized to be available on a
grant basis for Bulgaria; and
(7) $11,500,000 is authorized to be available on a
grant basis for Romania.
(b) \2\ Conforming Amendment.--Subsection (a) of section
515 of the Security Assistance Act of 2000 (Public Law 106-280)
is amended by striking paragraphs (1), (5), (6), (7), and (8)
and redesignating paragraphs (2), (3), (4), and (9) as
paragraphs (1) through (4), respectively.
---------------------------------------------------------------------------
\2\ For amended text, see 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.
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\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

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

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.''.
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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]
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\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).
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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\
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\5\ Sec. 205(h) of Public Law 86-108 (73 Stat. 250), substituted
``five years'' for ``four years'' in subsec. (c).
\6\ Sec. 2206(6) of Public Law 96-465 (94 Stat. 2161) substituted
the words to this point beginning with ``section 628 * * *'' in lieu of
text which made reference to sec. 529 of the Mutual Security Act of
1954 and to sec. 522 of the Foreign Service Act of 1946.
---------------------------------------------------------------------------
* * * * * * *
Sec. 417.\7\ Irish Counterpart.--Pursuant to section
115(b)(6) of the Economic Cooperation Act of 1948, as amended,
the disposition within Ireland of the unencumbered balance, in
the amount of approximately 6,000,000 Irish pounds, of the
special account of Irish funds established under article IV of
the Economic Cooperation Agreement between the United States of
America and Ireland, dated June 28, 1948, for the purposes of--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 1937.
---------------------------------------------------------------------------
(1) scholarship exchange between the United States
and Ireland;
(2) other programs and projects (including the
establishment of an Agricultural Institute) to improve
and develop the agricultural production and marketing
potential of Ireland and to increase the production and
efficiency of Irish industry; and
(3) development programs and projects in aid of the
foregoing objectives, is hereby approved, as provided
in the agreement between the Government of the United
States of America and the Government of Ireland, dated
June 17, 1954.
* * * * * * *
Sec. 502.\8\ Use of Foreign Currency.--(a) Notwithstanding
section 1415 of the Supplemental Appropriation Act, 1953, or
any other provision of law, proceeds of sales made under
section 550 of the Mutual Security Act of 1951, as amended,
shall remain available and shall be used for any purposes of
this Act, giving particular regard to the following purposes--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 1754.
---------------------------------------------------------------------------
(1) for providing military assistance to nations or
mutual defense organizations eligible to receive
assistance under this Act;
(2) for purchase of goods or services in friendly
nations;
(3) for loans, under applicable provisions of this
Act, to increase production of goods or services,
including strategic materials, needed in any nation
with which an agreement was negotiated, or in other
friendly nations, with the authority to use currencies
received in repayment for the purposes stated in this
section or for deposit to the general account of the
Treasury of the United States;
(4) for developing new markets on a mutually
beneficial basis;
(5) for grants-in-aid to increase production for
domestic needs in friendly countries; and
(6) for purchasing materials for United States
stockpiles.
(b) \9\ (1)(A) Notwithstanding section 1415 of the
Supplemental Appropriation Act, 1953, or any other provision of
law--
---------------------------------------------------------------------------
\9\ Subsec. (b) was amended and restated by sec. 22(a) of the
International Security Assistance Act of 1978 (Public Law 95-384, 92
Stat. 742). Sec. 22(b) of the same Act stated that this section shall
take effect on the date of enactment of this Act, ``notwithstanding
section 30 of this Act.'' For text of sec. 30, see Legislation on
Foreign Relations Through 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\
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\17\ For text of the Foreign Assistance Act of 1961, as amended,
see Legislation on Foreign Relations Through 2005, vol. I-A.
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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\
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\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.

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.
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(b) Provisions of Law.--The provisions of law referred to
in subsection (a) are the following:
(1) Sections 221 and 222 of the Foreign Assistance
Act.
(2) The Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(3) Section 5(f) of the Commodity Credit Corporation
Charter Act, section 201 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621), or section 202 of such Act (7
U.S.C. 5622), or predecessor provisions under the Food
for Peace Act of 1966.
(4) Title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(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.
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\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''.
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(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\
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\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.
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(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.
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(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.

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\

* * * * * * *
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\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.''.
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(b) Exception to Reimbursement Requirement.--Credits
described in subsection (a) that are received as exchanged
allowances, or as the proceeds of the sale of personal
property, may be used in whole or partial payment for the
acquisition of similar items, to the extent and in the manner
authorized by law, without reimbursement to the Treasury.
(2) General Government Matters Appropriation Act, 1962

Partial text of Public Law 87-125 [H.R. 7577] 75 Stat. 268, 283,
approved August 3, 1961

* * * * * * *

TITLE V--GENERAL PROVISIONS

* * * * * * *
Sec. 508. Pursuant to section 1415 of the Act of July 15,
1952 (66 Stat. 662),\1\ foreign credits (including currencies)
owed to or owned by the United States may be used by Federal
agencies for any purpose for which appropriations are made for
the current fiscal year (including the carrying out of Acts
requiring or authorizing the use of such credits),\2\ only when
reimbursement therefor is made to the Treasury from applicable
appropriations of the agency concerned: Provided, That such
credits received as exchange allowances or proceeds of sales of
personal property may be used in whole or in part payment for
acquisition of similar items, to the extent and in the manner
authorized by law, without reimbursement to the Treasury:
Provided further, That nothing in section 1415 of the Act of
July 15, 1952, or in this section shall be construed to prevent
the making of new or the carrying out of existing contracts,
agreements, or executive agreements for periods in excess of
one year, in any case where such contracts, agreements, or
executive agreements for periods in excess of one year were
permitted prior to the enactment of this Act under section
32(b)(2) of the Surplus Property Act of 1944, as amended (50
U.S.C. App. 1641(b)(2)), and the performance of all such
contracts, agreements, or executive agreements shall be subject
to the availability of appropriations for the purchase of
credits as provided by law.
---------------------------------------------------------------------------
\1\ Sec. 1306, title 31, was originally enacted as sec. 1415 of the
Supplemental Appropriation Act, 1953, and codified at 31 U.S.C. 724.
Public Law 97-258 (96 Stat. 877) revised and recodified title 31,
including changes to the text and U.S. Code citation to this provision.
\2\ The words ``and for liquidation of obligations legally incurred
against such credits prior to July 1, 1953'' appeared at this point in
previous General Government Matters Appropriation Acts, 1956-1959, and
the Supplemental Appropriations Act, 1955.
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* * * * * * *
(3) Use of Reserved Coins and Currencies of Foreign Countries

Title 31, U.S.C. * * *

Sec. 5303.\1\ Reserved coins and currencies of foreign countries

An agency may use coins and currencies of a foreign country
the United States Government holds that are or may be reserved
for a specific program or activity of an agency. The agency
shall reimburse the Treasury from appropriations and shall
replace the coins and currencies when they are needed for the
program or activity for which they were reserved originally.
---------------------------------------------------------------------------
\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.
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(b) \2\ (1) \3\ Whenever the United States shall procure,
contract for, or otherwise obtain for its own account, or shall
furnish to or for the account of any foreign nation without
provision for reimbursement, any equipment, materials, or
commodities, within or without the United States, or shall
advance funds or credits or guarantee the convertibility of
foreign currencies in connection with the furnishing of such
equipment, materials, or commodities, the appropriate agency or
agencies shall take such steps as may be necessary and
practicable to assure that at least 50 per centum of the gross
tonnage of such equipment, materials, or commodities (computed
separately for dry bulk carriers, dry cargo liners, and
tankers), which may be transported on ocean vessels shall be
transported on privately owned United States-flag commercial
vessels, to the extent such vessels are available at fair and
reasonable rates for United States-flag commercial vessels, in
such manner as will insure a fair and reasonable participation
of United States-flag commercial vessels in such cargoes by
geographic areas: Provided, That the provisions of this
subsection may be waived whenever the Congress by concurrent
resolution or otherwise, or the President of the United States,
or the Secretary of Defense declares that an emergency exists
justifying a temporary waiver of the provisions of section
901(b)(1) \4\ and so notifies the appropriate agency or
agencies: And provided further, That the provisions of this
subsection shall not apply to cargoes carried in vessels of the
Panama Canal Company. Nothing herein shall repeal or otherwise
modify the provisions of Public Resolution Numbered 17,
Seventy-third Congress (48 Stat. 500) \5\ as amended.'' \6\ For
purposes of this section, the term ``privately owned United
States-flag commercial vessels'' shall not be deemed to include
any vessel which, subsequent to the date of enactment of this
amendment, shall have been either (a) built outside the United
States, (b) rebuilt outside the United States, or (c)
documented under any foreign registry, until such vessel shall
have been documented under the laws of the United States for a
period of three years: Provided, however, That the provisions
of this amendment shall not apply where, (1) prior to the
enactment of this amendment, the owner of a vessel, or
contractor for the purchase of a vessel, originally constructed
in the United States and rebuilt abroad or contracted to be
rebuilt abroad, has notified the Maritime Administration in
writing of its intent to document such vessel under United
States registry, and such vessel is so documented on its first
arrival at a United States port not later than one year
subsequent to the date of the enactment of this amendment, or
(2) where prior to the enactment of this amendment, the owner
of a vessel under United States registry has made a contract
for the rebuilding abroad of such vessel and has notified the
Maritime Administration of such contract, and such rebuilding
is completed and such vessel is thereafter documented under
United States registry on its first arrival at a United States
port not later than one year subsequent to the date of the
enactment of this amendment.\7\
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\2\ Public Law 83-664 (68 Stat. 832) added subsec. (b).
\3\ Sec. 27(a) of Public Law 91-469 (Merchant Marine Act of 1970)
redesignated subsec. (b) as subsec. (b)(1).
\4\ Sec. 27(b) of Public Law 91-469 inserted ``section 901(b)(1)''
in lieu of ``section 901(b)''.
\5\ 15 U.S.C. 616a.
\6\ See also sec. 603 of the FA Act of 1961, in Legislation on
Foreign Relations Through 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.
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(2) \8\ Every department or agency having responsibility
under this subsection shall administer its programs with
respect to this subsection under regulations issued by the
Secretary of Transportation.\9\ The Secretary of Transportation
\9\ shall review such administration and shall annually report
to the Congress with respect thereto.
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\8\ Sec. 27(c) of Public Law 91-469 added subsec. (2).
\9\ The references to the Secretary of Transportation were
substituted in lieu of references to the Secretary of Commerce by sec.
12(126) of Public Law 97-31 (95 Stat. 165).
---------------------------------------------------------------------------
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\
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\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.''
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(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''.
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(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.''.
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(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:
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\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:
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(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).
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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.
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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.
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(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\
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\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).
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(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\
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\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).
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(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.
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\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.''.
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(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.
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(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.
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(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\
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\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.
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(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).
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(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\
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\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''.
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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\
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\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.
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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''.
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(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)''.
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(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)).
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\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\
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\10\ Sec. 7 of Executive Order 12680, July 5, 1989 (54 F.R. 28996)
added the second sentence.
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(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;
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\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''.
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(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.
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\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.
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(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.
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\13\ Added by sec. 2 of Executive Order 13030, December 12, 1996
(61 F.R. 66187); see previous note.
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(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\
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\14\ This sentence was added by sec. 2(a) of Executive Order 12365,
May 24, 1982 (47 F.R. 22933).
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(q) \15\ Those under Sections 52(b) and 53 of the Act to
the Secretary of Defense.
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\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.
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(r) \16\ Those under Sections 61 and 62(a) of the Act to
the Secretary of Defense.
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\16\ Sec. 2(c) of Executive Order 12365, May 24, 1982 (47 F.R.
22933), added this subsec.
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(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.
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\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.
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(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.
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\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.
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(b) In accordance with Section 2(b) of the Act and under
the directions of the President, the Secretary of State, taking
into account other United States activities abroad, shall be
responsible for the continuous supervision and general
direction of sales and exports under the Act, including but not
limited to, the negotiation, conclusion, and termination of
international agreements, and determining whether there shall
be a sale to a country and the amount thereof, and whether
there shall be delivery or other performance under such sale or
export, to the end that sales and exports are integrated with
other United States activities and the foreign policy of the
United States is best served thereby.
Sec. 3. Allocation of Funds. Funds appropriated to the
President for carrying out the Act shall be deemed to be
allocated to the Secretary of Defense without any further
action of the President.
Sec. 4. Revocation. Executive Order No. 11501, as amended,
is revoked; except that, to the extent consistent with this
Order, all determinations, authorizations, regulations,
rulings, certificates, orders, directives, contracts,
agreements and other actions made, issued, taken or entered
into under the provisions of Executive Order No. 11501, as
amended, and not revoked, superseded or otherwise made
inapplicable, shall continue in full force and effect until
amended, modified or terminated by appropriate authority.
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.
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Section 1. With respect to functions authorized by the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et
seq.), and any predecessor legislation except those functions
exercised by the Department of Defense under authority of
sections 621 and 623 of the Foreign Assistance Act of 1961 (22
U.S.C. 2381 and 2383):
(1) The Act of March 26, 1934, 48 Stat. 500, as
amended (15 U.S.C. 616a).
(2) Section 3648 of the Revised Statutes, as amended,
60 Stat. 809 (31 U.S.C. 529).
(3) Section 305 of the Federal Property and
Administrative Services Act of 1949, 63 Stat. 396, as
amended (41 U.S.C. 255).
(4) Section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5).
(5) Section 3710 of the Revised Statutes (41 U.S.C.
8).
(6) Section 2 of title III of the Act of March 3,
1933, 47 Stat. 1520 (41 U.S.C. 10a).
(7) Section 3735 of the Revised Statutes (41 U.S.C.
13).
(8) Section 304(c) of the Federal Property and
Administrative Services Act of 1949, as added by the
Act of October 31, 1951, 65 Stat. 700 (41 U.S.C.
254(c)), but only with respect to contracts entered
into with foreign governments or agencies thereof for
the rendering of services to the United States or an
agency thereof within the continental limits of the
United States.
(9) Section 901(a) of the Merchant Marine Act, 1936,
49 Stat. 2015, as amended (46 U.S.C. 1241(a)).
Sec. 2. With respect to purchases authorized to be made
outside the limits of the United States or the District of
Columbia under the Foreign Assistance Act of 1961, as amended,
and any predecessor legislation:
(1) Section 2276(a) of Title 10 of the United States
Code.
(2) Section 2313(b) of Title 10 of the United States
Code.
(3) Section 304(c) of the Federal Property and
Administrative Services Act of 1949, as added by the
Act of October 31, 1951, 65 Stat. 700 (41 U.S.C.
254(c)).
(4) Section 1301 of the Second War Powers Act, 1942,
56 Stat. 185 (50 U.S.C. App. 643), as extended by the
provisions of the Act of June 30, 1953, 67 Stat. 120.
(5) Section 3(b) of the Act of August 28, 1958, 72
Stat. 972 (50 U.S.C. 1433(b)), but only with respect to
contracts in which the inclusion of the clause required
by section 3(b), or the compliance with that clause, if
included in a contract, is deemed by the executive or
military department concerned to be impracticable.
Sec. 3. With respect to cost-type contracts heretofore or
hereafter made with non-profit institutions under which no fee
is charged or paid, amendments and modifications of such
contracts may be made with or without consideration and may be
utilized to accomplish the same things as any original contract
could have accomplished, irrespective of the time or
circumstances of the making, or the form of the contract
amended or modified, or of the amending or modifying contract
and irrespective of rights which may have accrued under the
contract or the amendments or modifications thereof.
Sec. 4. With respect to contracts heretofore or hereafter
made, other than those described in section 3 of this order,
amendments and modifications of such contracts may be made with
or without consideration and may be utilized to accomplish the
same things as any original contract could have accomplished,
irrespective of the time or circumstances of the making, or the
form of the contract amended or modified, or of the amending or
modifying contract, and irrespective of rights which may have
accrued under the contract or the amendments or modifications
thereof, if the Secretary of State or the 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\
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\1\ For amended text, see page 554.
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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)--
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\1\ Sec. 113 was originally codified at sec. 133 of 10 U.S.C. The
Department of Defense Reorganization Act of 1986 (Public Law 99-433;
100 Stat. 1074) redesignated sec. 133 of 10 U.S.C. as sec. 113 and
modified the section title.
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).
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(A) a description of the major military missions and
of the military force structure of the United States
for the next fiscal year;
(B) an explanation of the relationship of those
military missions to that force structure; and
(C) the justification for those military missions and
that force structure.
(2) In preparing the matter referred to in paragraph (1),
the Secretary shall take into consideration the content of the
annual national security strategy report of the President under
section 108 of the National Security Act of 1947 for the fiscal
year concerned.\3\
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\3\ Sec. 1070(a)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2855) struck out
``section 104'' and inserted in lieu thereof ``section 108''. For text
of 108 of the National Security Act of 1947, 50 U.S.C. 404a, see
Legislation on Foreign Relations Through 2005, vol. IV, sec. N.
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* * * * * * *
(i) \4\ (1) \5\ The Secretary of Defense shall transmit to
Congress each year a report that contains a comprehensive net
assessment of the defense capabilities and programs of the
armed forces of the United States and its allies as compared
with those of their potential adversaries.\6\
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\4\ Sec. 1322(a)(1) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out
previous subsec. (i) and redesignated subsecs. (j) through (l) as (i)
through (k), respectively. Former subsec. (i) was originally enacted by
sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96
Stat. 739) as subsec. (h) of sec. 138 (now sec. 114); and was
redesignated as a subsec. of sec. 113 by the DOD Reorganization Act of
1986 (Public Law 99-433).
Subsec. (i), redesignated from subsec. (j) by sec. 1322(a)(1) of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1671), was added by sec. 1214 of the National
Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat.
1157).
\5\ Sec. 731 of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2003), added the para. designation
``(1)'', and added new paras. (2) and (3).
\6\ Sec. 731 of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2003), struck out the following
sentence at this point: ``Each such report shall be transmitted in both
a classified and an unclassified form.''.
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(2) \5\ Each such report shall--
(A) include a comparison of the defense capabilities
and programs of the armed forces of the United state
and its allies with the armed forces of potential
adversaries of the United States and allies of the
United States;
(B) include an examination of the trends experienced
in those capabilities and programs during the period
covered by the future-years defense program submitted
to Congress during that year pursuant to section 221
\7\ the five years immediately preceding the year in
which the report is transmitted and an examination of
the expected trends in those capabilities and programs
during of this title;
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\7\ Sec. 1503(a)(1) of the National Defense Authorization Act for
Fiscal year 1996 (Public Law 104-106; 110 Stat. 510) struck out ``the
five years covered by the five-year defense program submitted to
Congress during that year pursuant to section 114(g)'' and inserted in
lieu thereof ``the period covered by the future-years defense program
submitted to Congress during that year pursuant to section 221''.
Previously amended by sec. 1622 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1604).
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(C) \8\ include a description of the means by which
the Department of Defense will maintain the capability
to reconstitute or expand the defense capabilities and
programs of the armed forces of the United States on
short notice to meet a resurgent or increased threat to
the national security of the United States;
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\8\ Sec. 341 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) redesignated
subparas. (C) and (D) as (D) and (E), respectively, and added a new
subpara. (C).
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(D) \8\ reflect, in the overall assessment and in the
strategic and regional assessments, the defense
capabilities and programs of the armed forces of the
United States specified in the budget submitted to
Congress under section 1105 of title 31 in the year in
which the report is submitted and in the five-year
defense program submitted in such year; and
(E) \8\ identify the deficiencies in the defense
capabilities of the armed forces of the United States
in such budget and such five-year defense program.
(3) \5\ The Secretary shall transmit to Congress the report
required for each year under paragraph (1) at the same time
that the President submits the budget to Congress under section
1105 of title 31 in that year. Such report shall be transmitted
in both classified and unclassified form.
(j) \9\ (1) Not later than April 8 of each year, the
Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on 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:
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\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''.
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(A) Costs incurred in the United States and costs
incurred outside the United States in connection with
the stationing of United States forces outside the
United States.
(B) The costs incurred outside the United States in
connection with operating, maintaining, and supporting
United States forces outside the United States,
including all direct and indirect expenditures of
United States funds in connection with such stationing.
(C) The effect of such expenditures outside the
United States on the balance of payments of the United
States.
(2) Each report under this subsection shall be prepared in
consultation with the Secretary of Commerce.
(3) In this subsection, the term ``United States'', when
used in a geographic sense, includes the territories and
possessions of the United States.
(k) \11\ The Secretary of Defense, with the advice and
assistance of the Chairman of the Joint Chiefs of Staff, shall
provide annually to the Secretaries of the military departments
and to the commanders of the combatant commands written
guidelines to direct the effective detection and monitoring of
all potential aerial and maritime threats to the national
security of the United States. Those guidelines shall include
guidance on the specific force levels and specific supporting
resources to be made available for the period of time for which
the guidelines are to be in effect.
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\11\ 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).
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* * * * * * *
(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:
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\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).
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(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\
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\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.
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(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.
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\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.''.
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(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.
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\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.''.
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(b) Exception for Wartime.--Subsection (a) does not apply
in the event of a declaration of war or an armed attack on any
member nation of the North Atlantic Treaty Organization, Japan,
the Republic of Korea, or any other ally of the United States.
(c) Presidential Waiver.--The President may waive the
operation of subsection (a) if the President declares an
emergency. The President shall immediately notify Congress of
any such waiver.

Sec. 124.\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.
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\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).
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(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--
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\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).
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(A) the deployment (other than for a training
exercise) of elements of the Armed Forces for a purpose
other than a purpose for which funds have been
specifically provided in advance; or
(B) the provision of humanitarian assistance,
disaster relief, or support for law enforcement
(including immigration control) for which funds have
not been specifically provided in advance.
(2) This section applies to--
(A) any operation the incremental cost of which is
expected to exceed $50,000,000; and
(B) any other operation the expected incremental cost
of which, when added to the expected incremental costs
of other operations that are currently ongoing, is
expected to result in a cumulative incremental cost of
ongoing operations of the Department of Defense in
excess of $100,000,000.
Any operation the incremental cost of which is expected not to
exceed $10,000,000 shall be disregarded for the purposes of
subparagraph (B).
(3) Whenever an operation to which this section applies is
commenced or subsequently becomes covered by this section, the
Secretary of Defense shall designate and identify that
operation for the purposes of this section and shall promptly
notify Congress of that designation (and of the identification
of the operation).
(4) This section does not provide authority for the
President or the Secretary of Defense to carry out any
operation, but establishes mechanisms for the Department of
Defense by which funds are provided for operations that the
armed forces are required to carry out under some other
authority.
(b) Waiver of Requirement To Reimburse Support Units.--(1)
The Secretary of Defense shall direct that, when a unit of the
Armed Forces participating in an operation described in
subsection (a) receives services from an element of the
Department of Defense that operates through the Defense
Business Operations Fund (or a successor fund), such unit of
the Armed Forces may not be required to reimburse that element
for the incremental costs incurred by that element in providing
such services, notwithstanding any other provision of law or
any Government accounting practice.
(2) The amounts which but for paragraph (1) would be
required to be reimbursed to an element of the Department of
Defense (or a fund) shall be recorded as an expense
attributable to the operation and shall be accounted for
separately.
(c) Transfer Authority.--(1) Whenever there is an operation
of the Department of Defense described in subsection (a), the
Secretary of Defense may transfer amounts described in
paragraph (3) to accounts from which incremental expenses for
that operation were incurred in order to reimburse those
accounts for those incremental expenses. Amounts so transferred
shall be merged with and be available for the same purposes as
the accounts to which transferred.
(2) The total amount that the Secretary of Defense may
transfer under the authority of this section in any fiscal year
is $200,000,000.
(3) Transfers under this subsection may only be made from
amounts appropriated to the Department of Defense for any
fiscal year that remain available for obligation, other than
amounts within any operation and maintenance appropriation that
are available for (A) an account (known as a budget activity 1
account) that is specified as being for operating forces, or
(B) an account (known as a budget activity 2 account) that is
specified as being for mobilization.
(4) The authority provided by this subsection is in
addition to any other authority provided by law authorizing the
transfer of amounts available to the Department of Defense.
However, the Secretary may not use any such authority under
another provision of law for a purpose described in paragraph
(1) if there is authority available under this subsection for
that purpose.
(5) The authority provided by this subsection to transfer
amounts may not be used to provide authority for an activity
that has been denied authorization by Congress.
(6) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) \22\ * * *
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\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).
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(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--
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\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.
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(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.
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\24\ Sec. 1056(c)(2) of Public Law 109-163 (119 Stat. 3439) struck
out ``polices'' and inserted in lieu thereof ``policies''.
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(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.
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\25\ Sec. 1231(a) of Public Law 109-163 (119 Stat. 3467) added sec.
127c.
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(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.
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\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).
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(b) Administration.--The Secretary may provide funds
appropriated for carrying out subsection (a) to the following
officials for use as provided in subsection (c):
(1) The commander of a combatant command, upon the
request of the commander.
(2) An officer designated by the Chairman of the
Joint Chiefs of Staff, with respect to an area or areas
not under the area of responsibility of a commander of
a combatant command.
(3) The head of any Department of Defense component.
(c) Authorized Activities.--An official provided funds
under subsection (b) may use those funds for the following
activities and expenses:
(1) The activities of traveling contact teams,
including any transportation expense, translation
services expense, or administrative expense that is
related to such activities.
(2) The activities of military liaison teams.
(3) Exchanges of civilian or military personnel
between the Department of Defense and defense
ministries of foreign governments.
(4) Exchanges of military personnel between units of
the armed forces and units of foreign armed forces.
(5) Seminars and conferences held primarily in a
theater of operations.
(6) Distribution of publications primarily in a
theater of operations.
(7) Personnel expenses for Department of Defense
civilian and military personnel to the extent that
those expenses relate to participation in an activity
described in paragraph (3), (4), (5), or (6).
(8) Reimbursement of military personnel
appropriations accounts for the pay and allowances paid
to reserve component personnel for service while
engaged in any activity referred to in another
paragraph of this subsection.
(d) Relationship to Other Funding.--Any amount provided
during any fiscal year to an official under subsection (b) for
an activity or expense referred to in subsection (c) shall be
in addition to amounts otherwise available for those activities
and expenses for that fiscal year.
(e) Limitations.--(1) Funds may not be provided under this
section for a fiscal year for any activity for which--
(A) funding was proposed in the budget submitted to
Congress for that fiscal year pursuant to section
1105(a) of title 31; and
(B) Congress did not authorize appropriations.
(2) An activity may not be conducted under this section with
a foreign country unless the Secretary of State approves the
conduct of such activity in that foreign country.
(3) Funds may not be provided under this section for a
fiscal year for any country that is not eligible in that fiscal
year for assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961.
(4) Except for those activities specifically authorized
under subsection (c), funds may not be used under this section
for the provision of defense articles or defense services to
any country or for assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961.
(f) \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:
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\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).
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(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'').
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\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.''.
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(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, particularly operations that require international
disaster management and humanitarian assistance and operations
that require coordination between the Department of Defense and
other agencies.
(2) The Center shall be used to make available high-quality
disaster management and humanitarian assistance in response to
disasters.
(3) The Center shall be used to provide and facilitate
education, training, interagency coordination, and research on
the following additional matters:
(A) Management of the consequences of nuclear,
biological, and chemical events.
(B) Management of the consequences of terrorism.
(C) Appropriate roles for the reserve components in
the management of such consequences and in disaster
management and humanitarian assistance in response to
natural disasters.
(D) Meeting requirements for information in
connection with regional and global disasters,
including the use of advanced communications technology
as a virtual library.
(E) Tropical medicine, particularly in relation to
the medical readiness requirements of the Department of
Defense.
(4) The Center shall develop a repository of disaster risk
indicators for the Asia-Pacific region.
(5) The Center shall perform such other missions as the
Secretary of Defense may specify.
(c) Joint Operation With Educational Institution
Authorized.--The Secretary of Defense may enter into an
agreement with appropriate officials of an institution of
higher education to provide for joint operation of the Center.
Any such agreement shall provide for the institution to furnish
necessary administrative services for the Center, including
administration and allocation of funds.
(d) Acceptance of Donations.--(1) Except as provided in
paragraph (2), the Secretary of Defense may accept, on behalf
of the Center, donations to be used to defray the costs of the
Center or to enhance the operation of the Center. Such
donations may be accepted from any agency of the Federal
Government, any State or local government, any foreign
government, any foundation or other charitable organization
(including any that is organized or operates under the laws of
a foreign country), or any other private source in the United
States or a foreign country.
(2) The Secretary may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or
appear to compromise--
(A) the ability of the Department of Defense, any
employee of the Department, or members of the armed
forces, to carry out any responsibility or duty of the
Department in a fair and objective manner; or
(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
(3) The Secretary shall prescribe written guidance setting
forth the criteria to be used in determining whether or not the
acceptance of a foreign donation would have a result described
in paragraph (2).
(4) Funds accepted by the Secretary under paragraph (1) as
a donation on behalf of the Center shall be credited to
appropriations available to the Department of Defense for the
Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available for the
Center for the same purposes and the same period as the
appropriations with which merged.
* * * * * * *

CHAPTER 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\
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\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.''.
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(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''.
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(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.
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\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)''.
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* * * * * * *

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\ * * *
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\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.
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* * * * * * *

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).
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(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).
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(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)--
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\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''.
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(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\
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\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).
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(ii) the operation of a base of operations
for civilian law enforcement and supporting
personnel; and \47\
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\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)''.
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(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.
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\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).
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(4) In this subsection:
(A) The term ``Federal law enforcement agency'' means
a Federal \49\ agency with jurisdiction to enforce any
of the following:
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\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''.
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(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.
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\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''.
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(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.
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\51\ Sec. 201(6) of the Emergency Supplemental Appropriations
(division B of Public Law 105-277; 112 Stat. 2681-567) added clause
(v).
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(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.
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\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.
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\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,''.
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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.
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\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''.
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(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\
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\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''.
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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--
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``(1) the Committee on Appropriations, the Committee on Armed Services,
and the Committee on Foreign Affairs of the House of Representatives; and

``(2) the Committee on Appropriations, the Committee on Armed Services,
and the Committee on Foreign Relations of the Senate.''.

(A) the security interests of both the United States
and the country in which the activities are to be
carried out; and
(B) the specific operational readiness skills of the
members of the armed forces who participate in the
activities.
(2) Humanitarian and civic assistance activities carried
out under this section shall complement, and may not duplicate,
any other form of social or economic assistance which may be
provided to the country concerned by any other department or
agency of the United States. Such activities shall serve the
basic economic and social needs of the people of the country
concerned.
(3) Humanitarian and civic assistance may not be provided
under this section (directly or indirectly) to any individual,
group, or organization engaged in military or paramilitary
activity.
(4) \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)--
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\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
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\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''.
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(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.
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\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).
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(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):
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\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).
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(A) Travel, transportation, and subsistence expenses
of Department of Defense personnel providing such
assistance.
(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting
the activities described in subsection (e)(5),
including any nonlethal, individual, or small-team
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.
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\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''.
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(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\
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\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''.
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(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\
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\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''.
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(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--
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\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''.
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(1) a list of the countries in which humanitarian and
civic assistance activities were carried out during the
preceding fiscal year;
(2) the type and description of such activities
carried out in each country during the preceding fiscal
year; and
(3) the amount expended in carrying out each such
activity in each such country during the preceding
fiscal year.
(e) \73\ In this section, the term ``humanitarian and civic
assistance'' means any of the following: \74\
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\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''.
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(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\
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\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''.
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(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\
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\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''.
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(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.
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\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:
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``sec. 403. processing of applications for transportation of humanitarian
assistance abroad by the department of defense.
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``(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.''.
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(b)(1) The Secretary may not transport supplies under
subsection (a) unless the Secretary determines that--
(A) the transportation of such supplies is consistent
with the foreign policy of the United States;
(B) the supplies to be transported are suitable for
humanitarian purposes and are in usable condition;
(C) there is a legitimate humanitarian need for such
supplies by the people or entity \80\ for whom they are
intended;
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\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).
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(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\
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\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''.
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Sec. 403.\86\ * * * [Repealed--1996]
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\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).
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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\
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\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''.
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(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.
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\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''.
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(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.
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\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).
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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--
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\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).
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(1) for the costs of a United Nations peacekeeping
activity; or
(2) for any United States arrearage to the United
Nations.
(b) Application of Prohibition.--The prohibition in
subsection (a) applies to voluntary contributions, as well as
to contributions pursuant to assessment by the United Nations
for the United States share of the costs of a peacekeeping
activity.
* * * * * * *

PART II--PERSONNEL

* * * * * * *

CHAPTER 38--JOINT OFFICER MANAGEMENT

* * * * * * *

Sec. 691.\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.
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\92\ Added by sec. 401(b)(1) of Public Law 104-106 (110 Stat. 285).
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(b) Unless otherwise provided by law, the number of members
of the armed forces (other than the Coast Guard) on active duty
at the end of any fiscal year shall be not less than the
following:
(1) For the Army, 502,400.\93\
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\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''.
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(2) For the Navy, 352,700.\94\
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\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''.
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(3) For the Marine Corps, 179,000.\95\
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\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''.
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(4) For the Air Force, 357,400.\96\
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\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''.
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(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.
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\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).
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(d) No funds appropriated to the Department of Defense may
be used to implement a reduction of the active duty end
strength for any of the armed forces (other than the Coast
Guard) for any fiscal year below the level specified in
subsection (b) unless the reduction in end strength for that
armed force for that fiscal year is specifically authorized by
law.
(e) \98\ * * * [Repealed--2002]
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\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.''.
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(f) The number of members of the armed forces on active
duty shall be counted for purposes of this section in the same
manner as applies under section 115(a)(1) of this title.

CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS

* * * * * * *

Sec. 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.
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\99\ Sec. 1222(a) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1652) added sec. 1051b.
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(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--
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\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:
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``(1) It is in the national security interest of the United States to
promote democracy throughout the world.

``(2) The armed forces of newly democratic nations often lack the
democratic traditions that are a hallmark of the Armed Forces of the United
States.

``(3) The understanding of military roles and missions in a democracy is
essential for the development and preservation of democratic forms of
government.

``(4) The service of retired members of the Armed Forces of the United
States in the armed forces of newly democratic nations could lead to a
better understanding of military roles and missions in a democracy.''.

(1) accepting employment by, or holding an office or
position in, the military forces of a newly democratic
nation; and
(2) accepting compensation associated with such
employment, office, or position.
(b) Approval Required.--The consent provided in subsection
(a) for a retired member of the uniformed services to accept
employment or hold an office or position shall apply to a
retired member only if the Secretary concerned and the
Secretary of State jointly approve the employment or the
holding of such office or position.
(c) Determination of Newly Democratic Nations.--The
Secretary concerned and the Secretary of State shall jointly
determine whether a nation is a newly democratic nation for the
purposes of this section.
(d) \101\ * * *
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\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).
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(e) Continued Entitlement to Retired Pay and Benefits.--The
eligibility of a retired member to receive retired or retainer
pay and other benefits arising from the retired member's status
as a retired member of the uniformed services, and the
eligibility of dependents of such retired member to receive
benefits on the basis of such retired member's status as a
retired member of the uniformed services, may not be terminated
by reason of employment or holding of an office or position
consented to in subsection (a).
(f) Retired Member Defined.--In this section, the term
``retired member'' means a member or former member of the
uniformed services who is entitled to receive retired or
retainer pay.
(g) Civil Employment by Foreign Governments.--For a
provision of law providing the consent of Congress to civil
employment by foreign governments, see section 908 of title 37.
* * * * * * *

CHAPTER 89--VOLUNTEERS INVESTING IN PEACE AND SECURITY * * *
[Repealed--1996] \102\
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\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.
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* * * * * * *

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--
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\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.
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(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]
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\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.''.
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* * * * * * *

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:
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\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).
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(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.
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\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.
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(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:
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\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.
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(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.
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\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).
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(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.
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\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).''.
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(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''.
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\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).
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(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.
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\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.)''.
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(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.
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\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).
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(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.
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\114\ Sec. 932(b) of Public Law 107-314 (116 Stat. 2625) added this
sentence.
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* * * * * * *

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\
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\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.
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* * * * * * *

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.
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\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.
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(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.
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\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.
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* * * * * * *

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)''.
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(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''.
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(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.
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(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.
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\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.
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(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\
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\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''.
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(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.''.
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(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).
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\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).
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(2)(A) A person may request the Secretary to include on the
list maintained under paragraph (1) any firm or subsidiary of a
firm that the person believes to be owned or controlled by a
foreign government described in subsection (b)(2). Upon receipt
of such a request, the Secretary shall determine whether the
conditions in paragraphs (1) and (2) of subsection (b) exist in
the case of that firm or subsidiary. If the Secretary
determines that such conditions do exist, the Secretary shall
include the firm or subsidiary on the list.
(B) A firm or subsidiary of a firm included on the list may
request the Secretary to remove such firm or subsidiary from
the list on the basis that it has been erroneously included on
the list or its ownership circumstances have significantly
changed. Upon receipt of such a request, the Secretary shall
determine whether the conditions in paragraphs (1) and (2) of
subsection (b) exist in the case of that firm or subsidiary. If
the Secretary determines that such conditions do not exist, the
Secretary shall remove the firm or subsidiary from the list.
(C) The Secretary shall establish procedures to carry out
this paragraph.
(3) The head of an agency shall prohibit each firm or
subsidiary of a firm awarded a contract by the agency from
entering into a subcontract under that contract in an amount in
excess of $25,000 with a firm or subsidiary included on the
list maintained under paragraph (1) unless there is a
compelling reason to do so. In the case of any subcontract
requiring consent by the head of an agency, the head of the
agency shall not consent to the award of the subcontract to a
firm or subsidiary included on such list unless there is a
compelling reason for such approval.
(e) \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\
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\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''.
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Subject to section 2343 \130\ of this title and subject to
the availability of appropriations, the Secretary of Defense
may--
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\130\ Sec. 1304(a)(4) of Public Law 99-145 (99 Stat. 741) struck
out ``section 2323'' and inserted in lieu thereof ``section 2343''.
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(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
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\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''.
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(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\
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\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).
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(A) The government of a North Atlantic Treaty
Organization country.
(B) A subsidiary body of the North Atlantic Treaty
Organization.
(C) The United Nations Organization or any regional
international organization.\138\
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\138\ Sec. 1204 of Public Law 109-163 (119 Stat. 3456) struck out
``of which the United States is a member''.
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(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.
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\139\ Sec. 1317(b)(2) of Public Law 103-337 (108 Stat. 2900) struck
out ``subsidiary body'' and inserted in lieu thereof ``organization''.
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(b) The Secretary of Defense may not designate a country
for an agreement under this section unless--\140\
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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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\
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\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''.
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(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:
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\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).
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(A) The price charged by a supplying country for
logistics support, supplies, and services specifically
procured by the supplying country from its contractors
for a recipient country shall be no less favorable than
the price for identical items or services charged by
such contractors to the armed forces of the supplying
country, taking into account price differentials due to
delivery schedules, points of delivery, and other
similar considerations.
(B) The price charged a recipient country for
supplies furnished by a supplying country from its
inventory, and the price charged a recipient country
for logistics support and services furnished by the
officers, employees, or governmental agencies of a
supplying country, shall be the same as the price
charged for identical supplies, support, or services
acquired by an armed force of the supplying country
from such governmental sources.
(2) To the extent that the Secretary of Defense is unable
to obtain mutual acceptance by the other country involved of
the reciprocal pricing principles for reimbursable transactions
set forth in paragraph (1)--
(A) the United States may not acquire from such
country any logistic support, supply, or service not
governed by such reciprocal pricing principles unless
the United States forces commander acquiring such
support, supply, or service determines (after price
analysis) that the price thereof is fair and
reasonable; and
(B) transfers by the United States to such country
under this subchapter \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.).
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\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).
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(3) To the extent that indirect costs (including charges
for plant and production equipment), administrative surcharges,
and contract administration costs with respect to any North
Atlantic Treaty Organization country or other foreign country
\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.
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\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''.
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(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:
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\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''.
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(1) Transfers in exchange for property the
acquisition of which by the Department of Defense is
prohibited by law.
(2) Transfers of source, byproduct, or special
nuclear materials or any other material, article, data,
or thing of value the transfer of which is subject to
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(3) Transfers of chemical munitions.

Sec. 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.
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\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''.
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(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.
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\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''.
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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).
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\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.
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(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).
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\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''.
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(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.
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\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''.
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(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).
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\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''.
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(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.
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\172\ Sec. 1317(g)(5) of Public Law 103-337 (108 Stat. 2901) added
subsec. (c).
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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\
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\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''.
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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.
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\175\ Added by sec. 1431(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
1832).
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(b) Site of Performance.--A contract awarded to a firm
described in subsection (a) may be performed in the theater in
which the equipment is normally located or in the country in
which the firm is located.
(c) Exceptions.--The Secretary of a military department may
restrict the geographic region in which a contract referred to
in subsection (a) may be performed if the Secretary determines
that performance of the contract outside that specific region--
(1) could adversely affect the military preparedness
of the armed forces; or
(2) would violate the terms of an international
agreement to which the United States is a party.
(d) Definition.--In this section, the term ``major non-NATO
ally'' has the meaning given that term in section 2350a(i)(2)
\176\ of this title.
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\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)''.
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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.
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\177\ Added by sec. 1317(i)(1) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2902).
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(b) Matters To Be Included.--Each such report shall set
forth in detail the following with respect to the preceding
fiscal year:
(1) The total dollar amounts involved.
(2) A description of any services and equipment
provided or received through those actions.
(3) A description of any equipment provided through
those actions that is not returned.
(4) The volume of credits and liabilities accrued and
liquidated.
(c) Non-NATO Agreements.--For purposes of this section, a
non-NATO cross-servicing and acquisition agreement is a cross-
servicing and acquisition agreement under this subchapter that
involves countries or organizations other than North Atlantic
Treaty Organization countries or subsidiary bodies.

Sec. 2350.\178\ Definitions

In this subchapter: \179\
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\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''.
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(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.
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\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''.
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(2) The term ''North Atlantic Treaty Organization
subsidiary bodies'' means--
(A) any organization within the meaning of
the term ``subsidiary bodies'' in article I of
the multilateral treaty on the Status of the
North Atlantic Treaty Organisation, National
Representatives and International Staff, signed
at Ottawa on September 20, 1951 (TIAS 2992; 5
UST 1087); and
(B) any international military headquarters
or organization to which the Protocol on the
Status of International Military Headquarters
Set Up Pursuant to the North Atlantic Treaty,
signed at Paris on August 28, 1952 (TIAS 2978;
5 UST 870), applies.
(3) \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).
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\182\ Sec. 1104(f) of Public Law 99-661 (100 Stat. 3965) added
para. (3).
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(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.
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\183\ Sec. 1317(h) of Public Law 103-337 (108 Stat. 2901) added
para. (4).
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Subchapter II--Other Cooperative Agreements

Sec. 2350a.\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.
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\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)''.
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(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:
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\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).
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(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.
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\188\ Sec. 1212(b) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1249) added para. (3).
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(b) Requirement That Projects Improve Conventional Defense
Capabilities.--(1) The Secretary of Defense may not enter into
a memorandum of understanding (or other formal agreement) to
conduct a cooperative research and development project under
this section unless the Secretary determines that the proposed
project will improve, through the application of emerging
technology, the conventional defense capabilities of the North
Atlantic Treaty Organization \189\ or the common conventional
defense capabilities of the United States and a country or
organization referred to in subsection (a)(2).\190\
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\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)''.
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(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\
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\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.
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(c) Cost Sharing.--Each cooperative research and
development project entered into under this section shall
require sharing of the costs of the project (including the
costs of claims) \192\ between the participants on an equitable
basis.
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\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).
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(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.
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\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)''.
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(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.
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\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''.
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(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.
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\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.
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(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\
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\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)''.
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(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.
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\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)''.
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(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\
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\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)''.
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(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\
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\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)''.
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(f) \201\ * * *
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\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.
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(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
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\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)''.
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(B) that while the testing of nondevelopmental items
and items in the late state of the development process
are preferred, the testing of equipment, munitions, and
technologies may be conducted to determine procurement
alternatives.
(2) The Secretary of Defense may acquire equipment,
munitions, and technologies of the type described in paragraph
(1) for the purpose of conducting the testing described in that
paragraph.
(3) The Deputy Director, Defense Research and Engineering
(Test and Evaluation) shall notify the Speaker of the House of
Representatives and the Committees on Armed Services and on
Appropriations of the Senate of the Deputy Director's intent to
obligate funds made available to carry out this subsection not
less than 30 days before such funds are obligated.
(4) \203\ * * * [Repealed--2002]
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\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.
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(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.
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\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''.
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(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--
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\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)''.
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(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.
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\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--
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``(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.
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\207\ Sec. 1301(b) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2888) added this
paragraph.
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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.
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\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).
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(2) Except as provided in subsection (c), chapter 137 of
this title shall apply to such contracts (referred to in
paragraph (1)) entered into by the Secretary of Defense. Except
to the extent waived under subsection (c) or some other
provision of law, all other provisions of law relating to
procurement, if otherwise applicable, shall apply to such
contracts entered into by the Secretary of Defense.
(b) When contracting or incurring obligations under section
27(d) of the Arms Export Control Act for cooperative projects,
the Secretary of Defense may require subcontracts to be awarded
to particular subcontractors in furtherance of the cooperative
project.
(c)(1) Subject to paragraph (2), when entering into
contracts or incurring obligations under section 27(d) of the
Arms Export Control Act outside the United States, the
Secretary of Defense may waive with respect to any such
contract or subcontract the application of any provision of
law, other than a provision of the Arms Export Control Act or
section 2304 of this title, that specifically prescribes--\209\
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\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).
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(A) procedures to be followed in the formation of
contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to
goods grown, produced, or manufactured in the United
States or in United States Government-owned facilities
or for services to be performed in the United States;
or
(D) requirements regulating the performance of
contracts.
(2) A waiver may not be made under paragraph (1) unless the
Secretary determines that the waiver is necessary to ensure
that the cooperative project will significantly further
standardization, rationalization, and interoperability.
(3) The authority of the Secretary to make waivers under
this subsection may be delegated only to the Deputy Secretary
of Defense or the Acquisition Executive designated for the
Office of the Secretary of Defense.
(d)(1) The Secretary of Defense shall notify the Congress
each time he requires that a prime contract be awarded to a
particular prime contractor or that a subcontract be \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.
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\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''.
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(2) The Secretary shall also notify the Congress each time
he exercises a waiver under subsection (c) and shall include in
such notice the particular provision or provisions of law that
were waived.
(3) A report under this subsection shall be required only
to the extent that the information required by this subsection
has not been provided in a report made by the President under
section 27(e) of the Arms Export Control Act (22 U.S.C.
2767(e)).
(e)(1) In carrying out a cooperative project under section
27 of the Arms Export Control Act, the Secretary of Defense may
agree that a participant (other than the United States) or a
NATO organization \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.
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\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)''.
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(2) If a participant (other than the United States) in a
cooperative project makes a contract on behalf of such project
to meet the requirements of the United States, the contract may
permit the contracting party to follow its own procedures
relating to contracting.
(f) In carrying out such a cooperative project or a NATO
organization,\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.
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\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''.
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(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)''.
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(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:
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\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).
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(1) The rate of reimbursement for transportation
provided shall be the same for each party and shall be
not less than the rate charged to military forces of
the United States, as determined by the Secretary of
Defense under section 2208(h) of this title.
(2) Credits and liabilities accrued as a result of
providing or receiving transportation shall be
liquidated \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.
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\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.
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(3) During peacetime, the only military airlift
capacity that may be used to provide transportation is
that capacity that (A) is not needed to meet the
transportation requirements of the military forces of
the country providing the transportation, and (B) was
not created solely to accommodate the requirements of
the military forces of the country receiving the
transportation.
(4) Defense articles purchased by an allied country
from the United States under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) or from a commercial
source under the export controls of the Arms Export
Control Act may not be transported (for the purpose of
delivery incident to the purchase of the defense
articles) to the purchasing allied country on aircraft
operated by or for the military forces of the United
States except at a rate of reimbursement that is equal
to the full cost of transportation of the defense
articles, as required by section 21(a)(3) of the Arms
Export Control Act (22 U.S.C. 2761(a)(3)).
(b) Subject to the availability of appropriations, and
after consultation with the Secretary of State, the Secretary
of Defense may enter into nonreciprocal military airlift
agreements with North Atlantic Treaty Organization subsidiary
bodies for the transportation of the personnel and cargo of
such subsidiary bodies on aircraft operated by or for the
military forces of the United States. Any such agreement shall
be subject to such terms as the Secretary of Defense considers
appropriate.
(c) Any amount received by the United States as a result of
an agreement entered into under this section shall be credited
to applicable appropriations, accounts, and funds of the
Department of Defense.
(d) \216\ In this section:
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\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.''.
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(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\
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\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''.
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(C) Any other country designated as an allied
country for the purposes of this section by the
Secretary of Defense with the concurrence of
the Secretary of State.
(2) The term ``North Atlantic Treaty Organization
subsidiary bodies'' has the meaning given to it by
section 2331 of this title.

Sec. 2350d.\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--
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\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.
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(A) shall be entered into pursuant to the terms of
the charter of the NATO Maintenance and Supply
Organization; and
(B) shall provide for the common logistic support of
a specific weapon system common to the participating
countries.
(2) Such an agreement may provide for--
(A) the transfer of logistics support, supplies, and
services by the United States to the NATO Maintenance
and Supply Organization; and
(B) the acquisition of logistics support, supplies,
and services by the United States from that
Organization.
(b) Authority of Secretary.--Under the terms of a Weapon
System Partnership Agreement, the Secretary of Defense--
(1) may agree that the NATO Maintenance and Supply
Organization may enter into contracts for supply and
acquisition of logistics support in Europe for
requirements of the United States, to the extent the
Secretary determines that the procedures of such
Organization governing such supply and acquisition are
appropriate; and
(2) may share the costs of set-up charges of
facilities for use by the NATO Maintenance and Supply
Organization to provide cooperative logistics support
and in the costs of establishing a revolving fund for
initial acquisition and replenishment of supply stocks
to be used by the NATO Maintenance and Supply
Organization to provide cooperative logistics support.
(c) Sharing of Administrative Expenses.--Each Weapon System
Partnership Agreement shall provide for joint management by the
participating countries and for the equitable sharing of the
administrative costs and costs of claims \219\ incident to the
agreement.
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\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).
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(d) Application of Chapter 137.--Except as otherwise
provided in this section, the provisions of chapter 137 of this
title apply to a contract entered into by the Secretary of
Defense for the acquisition of logistics support under a Weapon
System Partnership Agreement.
(e) Application of Arms Export Control Act.--Any transfer
of defense articles or defense services to a member country of
the North Atlantic Treaty Organization or to the NATO
Maintenance and Supply Organization for the purposes of a
Weapon System Partnership Agreement shall be carried out in
accordance this chapter and \220\ with the Arms Export Control
Act (22 U.S.C. 2751 et seq.).
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\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''.
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(f) Supplemental Authority.--The authority of the Secretary
of Defense under this section is in addition to the authority
of the Secretary under subchapter I and any other provision of
law.

Sec. 2350e.\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:
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\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).
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(1) Waive reimbursement for the cost of the following
functions performed by personnel other than personnel
employed in the United States Air Force Airborne
Warning and Control System (AWACS) program office:
(A) Auditing.
(B) Quality assurance.
(C) Codification.
(D) Inspection.
(E) Contract administration.
(F) Acceptance testing.
(G) Certification services.
(H) Planning, programming, and management
services.
(2) Waive any surcharge for administrative services
otherwise chargeable.
(3) In connection with that Program, assume
contingent liability for--
(A) program losses resulting from the gross
negligence of any contracting officer of the
United States;
(B) identifiable taxes, customs duties, and
other charges levied within the United States
on the program; and
(C) the United States share of the unfunded
termination liability.
(b) Contract Authority Limitation.--Authority under this
section to enter into contracts shall be effective for any
fiscal year only to such extent or in such amounts as are
provided in appropriation Acts.
(c) Definition.--In this section, the term ``AWACS
memorandum of understanding'' means--
(1) the Multilateral Memorandum of Understanding
Between the North Atlantic Treaty Organization (NATO)
Ministers of Defence on the NATO E-3A Cooperative
Programme, signed by the Secretary of Defense on
December 6, 1978;
(2) the Memorandum of Understanding for Operations
and Support of the NATO Airborne Early Warning and
Control Force, signed by the United States Ambassador
to NATO on September 26, 1984; \222\
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\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).
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(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\
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\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.
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(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\
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\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).
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(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]
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\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.
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(d) \229\ In this section:
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\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).
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(1) The term ``allied country'' means--
(A) a country that is a member of the North
Atlantic Treaty Organization; \230\
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\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.
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(B) Australia, New Zealand, Japan, or the
Republic of Korea; or
(C) any other country designated as an allied
country for purposes of this section by the
Secretary of Defense with the concurrence of
the Secretary of State.
(2) The term ``allied international organization''
means the North Atlantic Treaty Organization (NATO) or
any other international organization designated as an
allied international organization for the purposes of
this section by the Secretary of Defense with the
concurrence of the Secretary of State.

Sec. 2350g.\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--
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\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).
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(1) real property or the use of real property and
services and supplies for the United States or for the
use of the United States in accordance with a mutual
defense agreement or occupational arrangement; and
(2) services furnished as reciprocal international
courtesies or as services customarily made available
without charge.
(b) \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.
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\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).
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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.
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\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.''.
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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.
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\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.
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(b) Use of Amounts Credited.--The amount of a contribution
credited pursuant to subsection (a) to an appropriation account
in connection with a cooperative project referred to in that
subsection shall be available only for payment of the share of
the project expenses allocated to the foreign country or NATO
making the contribution. Payments for which such amount is
available include the following:
(1) Payments to contractors and other suppliers
(including the Department of Defense and other
participants acting as suppliers) for necessary
articles and services.
(2) Payments for any damages and costs resulting from
the performance or cancellation of any contract or
other obligation.
(3) Payments or reimbursements of other program
expenses, including program office overhead and
administrative costs.
(4) Refunds to other participants.
(c) Definitions.--In this section:
(1) The term ``cooperative project'' means a jointly
managed arrangement, described in a written cooperative
agreement entered into by the participants, that--
(A) is undertaken by the participants in
order to improve the conventional defense
capabilities of the participants; and
(B) provides for--
(i) one or more participants (other
than the United States) to share with
the United States the cost of research
and development, testing, evaluation,
or joint production (including follow-
on support) of defense articles;
(ii) the United States and another
participant concurrently to produce in
the United States and the country of
such other participant a defense
article jointly developed in a
cooperative project described in clause
(i); or
(iii) the United States to procure a
defense article or a defense service
from another participant in the
cooperative project.
(2) The term ``defense article'' has the meaning
given such term in section 47(3) of the Arms Export
Control Act (22 U.S.C. 2794(3)).
(3) The term ``defense service'' has the meaning
given such term in section 47(4) of the Arms Export
Control Act (22 U.S.C. 2794(4)).

Sec. 2350j.\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).
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\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.
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(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).
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\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).
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(c) Availability of Contributions.--Contributions accepted
under subsection (a) shall be available only for the payment of
the following costs:
(1) Compensation for local national employees of the
Department of Defense.
(2) Military construction projects of the Department
of Defense.
(3) Supplies and services of the Department of
Defense.
(d) Authorization of Military Construction.--Contributions
placed in an account established under subsection (b) \238\ may
be used--
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\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)''.
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(1) by the Secretary of Defense to carry out a
military construction project that is consistent with
the purposes for which the contributions were made and
is not otherwise authorized by law; or
(2) by the Secretary of a military department, with
the approval of the Secretary of Defense, to carry out
such a project.
(e) Notice and Wait Requirements.--(1) When a decision is
made to carry out a military construction project under
subsection (d), the Secretary of Defense shall submit to the
congressional defense committees a report \239\ containing--
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\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''.
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(A) an explanation of the need for the project;
(B) the then current estimate of the cost of the
project; and
(C) a justification for carrying out the project
under that subsection.
(2) The Secretary of Defense or the Secretary of a military
department may not commence a military construction project
under subsection (d) until the end of the 21-day period
beginning on the date on which the Secretary of Defense submits
the report under paragraph (1) regarding the project 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\
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\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''.
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(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.
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\241\ Sec. 2801(a) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 845) added para. (3).
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(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\
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\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''.
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(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)--
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\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.
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(1) the amount of the contributions accepted by the
Secretary during the preceding fiscal year under
subsection (a) and the purposes for which the
contributions were made; and
(2) the amount of the contributions expended by the
Secretary during the preceding fiscal year and the
purposes for which the contributions were expended.
(g) \244\ * * *
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\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.
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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.
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\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.
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(b) Use of Contributions.--The Secretary may use a
contribution accepted under subsection (a) only for payment of
costs incurred in connection with the relocation concerning
which the contribution was made. Those costs include the
following:
(1) Design and construction services, including
development and review of statements of work, master
plans and designs, acquisition of construction, and
supervision and administration of contracts relating
thereto.
(2) Transportation and movement services, including
packing, unpacking, storage, and transportation.
(3) Communications services, including installation
and deinstallation of communications equipment,
transmission of messages and data, and rental of
transmission capability.
(4) Supply and administration, including acquisition
of expendable office supplies, rental of office space,
budgeting and accounting services, auditing services,
secretarial services, and translation services.
(5) Personnel costs, including salary, allowances and
overhead of employees whether full-time or part-time,
temporary or permanent (except for military personnel),
and travel and temporary duty costs.
(6) All other clearly identifiable expenses directly
related to relocation.
(c) Method of Contribution.--Contributions may be accepted
in any of the following forms:
(1) Irrevocable letter of credit issued by a
financial institution acceptable to the Treasurer of
the United States.
(2) Drawing rights on a commercial bank account
established and funded by the host nation, which
account is blocked such that funds deposited cannot be
withdrawn except by or with the approval of the United
States.
(3) Cash, which shall be deposited in a separate
trust fund in the United States Treasury pending
expenditure and which shall accrue interest in
accordance with section 9702 of title 31.
(d) \246\ * * * [Repealed--2002]
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\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).
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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).
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(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\
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\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).
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Sec. 2370a. * * * [Repealed--2004] \249\
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\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.
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* * * * * * *

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.
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\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).
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(2) In this section, the term ``decrement stock'' means
such stock as is needed to bring the armed forces from a peace
time level of readiness to a combat level of readiness.
(b) The President may authorize the sale outside the
Department of Defense of a defense article described in
subsection (a) if--
(1) he determines that there is an international
crisis affecting the national security of the United
States and the sale of such article is in the best
interests of the United States; and
(2) he reports to the Congress not later than 60 days
after the transfer of such article a plan for the
prompt replenishment of the stocks of such article and
the planned budget request to begin implementation of
that plan.
(c)(1) Nothing in this section shall preclude the sale of
stocks which have been designated for replacement,
substitution, or elimination or which have been designated for
sale to provide funds to procure higher priority stocks.
(2) Nothing in this section shall preclude the transfer or
sale of equipment to other members of the North Atlantic Treaty
Organization.
* * * * * * *

Sec. 2410i.\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.
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\251\ Added by sec. 1332(a) of Public Law 102-484 (106 Stat. 2555).
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(b) Prohibition.--(1) Consistent with the policy referred
to in subsection (a), the Department of Defense may not award a
contract for an amount in excess of the small purchase
threshold (as defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11))) to a foreign entity
unless that entity certifies to the Secretary of Defense that
it does not comply with the secondary Arab boycott of Israel.
(2) In paragraph (1), the term ``foreign entity'' means a
foreign person, a foreign company, or any other foreign entity.
(c) Waiver Authority.--The Secretary of Defense may waive
the prohibition in subsection (b) in specific instances when
the Secretary determines that the waiver is necessary in the
national security interests of the United States. Within 15
days after the end of each fiscal year, the Secretary shall
submit to Congress a report identifying each contract for which
a waiver was granted under this subsection during that fiscal
year.
(d) Exceptions.--Subsection (b) does not apply--
(1) to contracts for consumable supplies, provisions,
or services that are intended to be used for the
support of United States forces or of allied forces in
a foreign country; or
(2) to contracts pertaining to the use of any
equipment, technology, data, or services for
intelligence or classified purposes by the United
States Government in the interests of national security
or to the acquisition or lease of any such equipment,
technology, data, or services by the United States
Government in the interests of national security.
* * * * * * *

CHAPTER 145--CATALOGING AND STANDARDIZATION

* * * * * * *

Sec. 2457.\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--
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\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.
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(1) assess the costs and possible loss of nonnuclear
combat effectiveness of the military forces of the
members of the Organization caused by the failure of
the members to standardize equipment;
(2) maintain a list of actions to be taken, including
an evaluation of the priority and effect of the action,
to standardize equipment that may improve the overall
nonnuclear defense capability of the Organization or
save resources for the Organization; and
(3) initiate and carry out, to the maximum extent
feasible, procurement procedures to acquire
standardized or interoperable equipment, considering
the cost, function, quality, and availability of the
equipment.
(b) Progress in realizing the objectives of standardization
and interoperability would be enhanced by expanded inter-Allied
procurement of arms and equipment within the North Atlantic
Treaty Organization. Expanded inter-Allied procurement would be
made easier by greater reliance on licensing and coproduction
cooperative agreements among the signatories of the North
Atlantic Treaty. If constructed to preserve the efficiencies
associated with economies of scale, the agreements could
minimize potential economic hardship to parties to the
agreements and increase the survivability, in time of war, of
the North Atlantic Alliance's armaments production base by
dispersing manufacturing facilities. In conjunction with other
members of the Organization and to the maximum extent feasible,
the Secretary shall--
(1) identify areas in which those cooperative
agreements may be made with members of the Alliance;
and
(2) negotiate those agreements.
(c)(1) It is the sense of Congress that weapons systems
being developed wholly or primarily for employment in the North
Atlantic Treaty Organization theater should conform to a common
Organization requirement in order to proceed toward joint
doctrine and planning and to facilitate maximum feasible
standardization and interoperability of equipment, and that a
common Organization requirement should be understood to include
a common definition of the military threat to the members of
the Organization.
(2) It is further the sense of Congress that
standardization of weapons and equipment within the
Organization on the basis of a ``two-way street'' concept of
cooperation in defense procurement between Europe and North
America can only work in a realistic sense if the European
nations operate on a united and collective basis. Therefore,
the governments of Europe are encouraged to accelerate their
present efforts to achieve European armaments collaboration
among all European members of the Organization.
(d) \253\ * * *
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\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.
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(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.
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\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)''.
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(f) The Secretary shall submit the results of each
assessment and evaluation made under subsection (a)(1) and (2)
to the appropriate North Atlantic Treaty Organization Body to
become an integral part of the overall Organization review of
force goals and development of force plans.
* * * * * * *

CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
INVESTMENT, AND DEFENSE CONVERSION

* * * * * * *

Subchapter III--Programs for Development, Application, and Support of
Dual-Use Technologies

* * * * * * *

Sec. 2517.\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'').
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\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).
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(b) Relationship to Department of Commerce.--The head of the
Office shall consult closely with appropriate officials of the
Department of Commerce in order--
(1) to minimize the duplication of any effort of the
Department of Commerce by the Department of Defense
regarding the monitoring of foreign activities related
to defense critical technologies that have potential
commercial uses; and
(2) to ensure that the Office is effectively utilized
to disseminate information to users of such information
within the Federal Government.
(c) Responsibilities.--The Office shall have the following
responsibilities:
(1) To maintain within the Department of Defense a
central library for the compilation and appropriate
dissemination of unclassified and classified
information and assessments regarding significant
foreign activities in research, development, and
applications of defense critical technologies.
(2) To establish and maintain--
(A) a widely accessible unclassified data
base of information and assessments regarding
foreign science and technology activities that
involve defense critical technologies,
including, especially, activities in Europe and
in Pacific Rim countries; and
(B) a classified data base of information and
assessments regarding such activities.
(3) To perform liaison activities among the military
departments, Defense Agencies, and other appropriate
elements of the Department of Defense, with appropriate
agencies and offices of the Department of Commerce and
the Department of State, and with other departments and
agencies of the Federal Government in order to ensure
that significant activities in research, development,
and applications of defense critical technologies are
identified, monitored, and assessed by an appropriate
department or agency of the Federal Government.
(4) To ensure the maximum practicable public
availability of information and assessments contained
in the unclassified data bases established pursuant to
paragraph (2)--
(A) by limiting, to the maximum practicable
extent, restrictive classification of such
information and assessments; and
(B) by disseminating to the National
Technical Information Service of the Department
of Commerce information and assessments
regarding defense critical technologies having
potential commercial uses.
(5) To disseminate through the National Technical
Information Service of the Department of Commerce
unclassified information and assessments regarding
defense critical technologies having potential
commercial uses so that such information and
assessments may be further disseminated within the
Federal Government and to the private sector.

Sec. 2518.\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.
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\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--
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\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,''.
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(1) consider the effects of such existing or proposed
memorandum of understanding or related agreement on the
defense industrial base of the United States; and
(2) regularly solicit and consider comments and
recommendations from the Secretary of Commerce with
respect to the commercial implications of such
memorandum of understanding or related agreement and
the potential effects of such memorandum of
understanding or related agreement on the international
competitive position of United States industry.
(b) Inter-Agency Review of Effects on United States
Industry.--Whenever the Secretary of Commerce has reason to
believe that an existing or proposed memorandum of
understanding or related agreement has, or threatens to have, a
significant adverse effect on the international competitive
position of United States industry, the Secretary may request
an inter-agency review of the memorandum of understanding or
related agreement. If, as a result of the review, the Secretary
determines that the commercial interests of the United States
are not being served or would not be served by adhering to the
terms of such existing memorandum or related agreement or
agreeing to such proposed memorandum or related agreement, as
the case may be, the Secretary shall recommend to the President
the renegotiation of the existing memorandum or related
agreement or any modification to the proposed memorandum of
understanding or related agreement that he considers necessary
to ensure an appropriate balance of interests.
(c) Limitation on Entering into MOUs and Related
Agreements.--A memorandum of understanding or related agreement
referred to in subsection (a) may not be entered into or
implemented if the President, taking into consideration the
results of the inter-agency review, determines that such
memorandum of understanding or related agreement has or is
likely to have a significant adverse effect on United States
industry that outweighs the benefits of entering into or
implementing such memorandum or agreement.

Sec. 2532.\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:
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\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.
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(1) Transfer of technology in connection with offset
arrangements.
(2) Application of offset arrangements, including
cases in which United States funds are used to finance
the purchase by a foreign government.
(3) Effects of offset arrangements on specific
subsectors of the industrial base of the United States
and for preventing or ameliorating any serious adverse
effects on such subsectors.
(b) Technology Transfer.--(1) No official of the United
States may enter into a memorandum of understanding or other
agreement with a foreign government that would require the
transfer of United States defense technology to a foreign
country or a foreign firm in connection with a contract that is
subject to an offset arrangement if the implementation of such
memorandum or agreement would significantly and adversely
affect the defense industrial base of the United States and
would result in a substantial financial loss to a United States
firm.
(2) Paragraph (1) shall not apply in the case of a
memorandum of understanding or agreement described in paragraph
(1) if the Secretary of Defense, in consultation with the
Secretary of Commerce and the Secretary of State, determines
that a transfer of United States defense technology pursuant to
such understanding or agreement will result in strengthening
the national security of the United States and so certifies to
Congress.
(3) If a United States firm is required under the terms of
a memorandum of understanding, or other agreement entered into
by the United States with a foreign country, to transfer
defense technology to a foreign country, the United States firm
may protest the determination to the Secretary of Defense on
the grounds that the transfer of such technology would
adversely affect the defense industrial base of the United
States and would result in substantial financial loss to the
protesting firm. The Secretary of Defense, in consultation with
the Secretary of Commerce and the Secretary of State, shall
make the final determination of the validity of the protesting
firm's claim.
(c) Notification Regarding Offsets.--If at any time a
United States firm enters into a contract for the sale of a
weapon system or defense-related item to a foreign country or
foreign firm and such contract is subject to an offset
arrangement exceeding $50,000,000 in value, such firm shall
notify the Secretary of Defense of the proposed sale.
Notification shall be made under this subsection in accordance
with regulations prescribed by the Secretary of Defense in
consultation with the Secretary of Commerce.
(d) Definitions.--In this section:
(1) The term ``United States firm'' means a business
entity that performs substantially all of its
manufacturing, production, and research and development
activities in the United States.
(2) The term ``foreign firm'' means a business entity
other than a United States firm.
* * * * * * *
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\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).
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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).
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\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\
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\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''.
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(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.
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\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:
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``(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.
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\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).
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(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\
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\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.
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(1) ``Nonlethal excess supplies'' means property,
other than real property of the Department of Defense--
(A) that is excess property, as defined in
regulations of the Department of Defense; and
(B) that is not a weapon, ammunition, or
other equipment or material that is designed to
inflict serious bodily harm or death.
(2) ``Intelligence committees'' means the Select
Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House
of Representatives.
* * * * * * *

Sec. 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.
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\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).
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(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.
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\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''.
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(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.
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\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''.
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(e) Definition.--In this section, the term ``defense
authorization Act'' means an Act that authorizes appropriations
for one or more fiscal years for military activities of the
Department of Defense, including authorizations of
appropriations for the activities described in paragraph (7) of
section 114(a) of this title.
(f) Congressional Committees.--The congressional committees
referred to in subsections (c)(1) and (d) are the following:
(1) The Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
(2) The Committee on Armed Services \273\ and the
Committee on International Relations of the House of
Representatives.
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\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''.
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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).
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(1) no department or agency of the Federal Government
(other than the Department of Defense), no State, and
no other person or entity eligible to receive excess or
surplus property under 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.)''.
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(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''.
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(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.
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\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).
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(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).
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(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.
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\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.
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(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.''.
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(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.--
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\7\ 10 U.S.C. 113 note.
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(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''.
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\8\ 50 U.S.C. 1541 note.
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(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.
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\9\ 50 U.S.C. 1512 note. For text of Executive Order 11850, see
Legislation on Foreign Relations Through 2005, vol. II-B.
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(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:
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\10\ 10 U.S.C. 113 note.
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(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.
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\11\ For text, see Legislation on Foreign Relations Through 2005,
vol. II-B.
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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''.
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\12\ 42 U.S.C. 2000dd note.
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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.
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\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.
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\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.--
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\16\ 10 U.S.C. 801 note.
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(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.

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\
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\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.
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\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:
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\16\ 22 U.S.C. 2797 note.
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(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.).
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\17\ 22 U.S.C. 2751 note.
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(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\

* * * * * * *
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\18\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
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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 * * *
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\19\ 50 U.S.C. 2568.
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(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.
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\20\ 50 U.S.C. 2569.
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(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--
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\21\ 50 U.S.C. 2570.
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(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.
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(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''.
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(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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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.
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(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.
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(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.
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(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--
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\23\ 22 U.S.C. 6321 note.
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(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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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:
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\1\ 10 U.S.C. 115 note.
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(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.
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\2\ 10 U.S.C. 113 note.
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(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:
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\3\ 10 U.S.C. 1051a note.
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(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.
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\4\ 10 U.S.C. 1051 note.
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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: * *
*
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\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.
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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\

* * * * * * *
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\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.
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\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).
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(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--
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\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).
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(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

* * * * * * *
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\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.
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SEC. 4207.\24\ NUCLEAR TEST BAN READINESS PROGRAM.
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\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:
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``sec. 3140. report on schedule for resumption of nuclear testing talks and
test ban readiness program.
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``(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).''.
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(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]
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\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).''.
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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).
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(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--
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\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.
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(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.
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\28\ Sec. 3192(2) of Public Law 106-398 (114 Stat. 1654) added
subsec. (b).
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(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.
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\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).
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(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.
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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.
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\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)''.
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(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.
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\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''.
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* * * * * * *

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.
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\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''.
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(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.
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\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)''.
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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.
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\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).
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(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.
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\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)''.
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(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.
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\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''.
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(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\
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\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''.
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(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.
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\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)''.
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(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.

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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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\

* * * * * * *
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\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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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\
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\20\ See 10 U.S.C. 2723.
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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:
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\21\ 10 U.S.C. 113 note.
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(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.
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\22\ Sec. 1048(g)(7) of Public Law 107-107 (115 Stat. 1228)
inserted ``and'' before ``Marines''.
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(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\
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\23\ For amended text, see Legislation on Foreign Relations Through
2005, vol. II.
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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).
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\24\ 10 U.S.C. 168 note.
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(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.
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\25\ 10 U.S.C. 113 note.
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(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.
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\26\ Sec. 1221 of Public Law 107-107 (115 Stat. 1252) added subsec.
(d).
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(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.

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.

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:
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\28\ 10 U.S.C. 114 note.
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(1) Dayton peace agreement.--The term ``Dayton Peace
Agreement'' means the General Framework Agreement for
Peace in Bosnia and Herzegovina, initialed by the
parties in Dayton, Ohio, on November 21, 1995, and
signed in Paris on December 14, 1995.
(2) Implementation force.--The term ``Implementation
Force'' means the NATO-led multinational military force
in the Republic of Bosnia and Herzegovina (commonly
referred to as ``IFOR''), authorized under the Dayton
Peace Agreement.
(3) Stabilization force.--The term ``Stabilization
Force'' means the NATO-led follow-on force to the
Implementation Force in the Republic of Bosnia and
Herzegovina and other countries in the region (commonly
referred to as ``SFOR''), authorized under United
Nations Security Council Resolution 1088 (December 12,
1996).
(4) Follow-on mission.--The term ``follow-on
mission'' means a mission involving the deployment of
ground elements of the United States Armed Forces in
the Republic of Bosnia and Herzegovina after June 30,
1998 (other than as described in section 1203(b)).
(5) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.

Subtitle B--Export Controls on High Performance Computers \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.
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\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.
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(b) Covered Countries.--For purposes of subsection (a), the
countries specified in this subsection are the countries listed
as ``Computer Tier 3'' eligible countries in section 740.7(d)
of title 15 of the Code of Federal Regulations, as in effect on
June 10, 1997, subject to modification by the President under
subsection (e).
(c) Time Limit.--Written objections under subsection (a) to
an export or reexport shall be raised within 10 days after the
notification is received under subsection (a). If such a
written objection to the export or reexport of a computer is
raised, the computer may be exported or reexported only
pursuant to a license issued by the Secretary of Commerce under
the Export Administration Regulations of the Department of
Commerce, without regard to the licensing exceptions otherwise
authorized under section 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997. If no
objection is raised within the 10-day period, the export or
reexport is authorized.
(d) Adjustment of Composite Theoretical Performance.--The
President, in consultation with the Secretary of Commerce, the
Secretary of Defense, the Secretary of Energy, the Secretary of
State, and the Director of the Arms Control and Disarmament
Agency, may establish a new composite theoretical performance
level for purposes of subsection (a). Such new level shall not
take effect until 180 days after the President submits to the
congressional committees designated in section 1215 a report
setting forth the new composite theoretical performance level
and the justification for such new level. Each report shall, at
a minimum--
(1) address the extent to which high performance
computers of a composite theoretical level between the
level established in subsection (a) or such level as
has been previously adjusted pursuant to this section
and the new level, are available from other countries;
(2) address all potential uses of military
significance to which high performance computers at the
new level could be applied; and
(3) assess the impact of such uses on the national
security interests of the United States.
(e) Adjustment of Covered Countries.--
(1) In general.--The President, in consultation with
the Secretary of Commerce, the Secretary of Defense,
the Secretary of Energy, the Secretary of State, and
the Director of the Arms Control and Disarmament
Agency, may add a country to or remove a country from
the list of covered countries in subsection (b), except
that a country may be removed from the list only in
accordance with paragraph (2).
(2) Deletions from list of covered countries.--The
removal of a country from the list of covered countries
under subsection (b) shall not take effect until 120
days after the President submits to the congressional
committees designated in section 1215 a report setting
forth the justification for the deletion.
(3) Excluded countries.--A country may not be removed
from the list of covered countries under subsection (b)
if--
(A) the country is a ``nuclear-weapon state''
(as defined by Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons) and the
country is not a member of the North Atlantic
Treaty Organization; or
(B) the country is not a signatory of the
Treaty on the Non-Proliferation of Nuclear
Weapons and the country is listed on Annex 2 to
the Comprehensive Nuclear Test-Ban Treaty.
(f) Classification.--Each report under subsections (d) and
(e) shall be submitted in an unclassified form and may, if
necessary, have a classified supplement.
(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).
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\31\ Added by sec. 1524 of Public Law 105-261 (112 Stat. 2180).
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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--
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\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).
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\33\ Sec. 1407(c) of Public Law 106-65 (113 Stat. 801) added
subsec. (e).
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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.
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\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''.
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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:
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\35\ 22 U.S.C. 1928 note.
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(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\
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\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''.
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(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\
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\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''.
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(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\
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\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.
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(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--
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\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''.
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(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;''.
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(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.
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\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''.
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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.
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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.
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\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.''.
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(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.

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.

TITLE XIII--ARMS CONTROL AND RELATED MATTERS \17\

TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION \18\

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\
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\2\ See Legislation on Foreign Relations Through 2005, vol. I-A.
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* * * * * * *

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: * * *
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\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\
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\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. * * *
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\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\

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.

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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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.

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.''.
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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''.
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(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.
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\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).
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(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--
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\42\ 22 U.S.C. 5911.
\43\ For text, see Legislation on Foreign Relations Through 2005,
vol. II, sec. F.
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(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--
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\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).
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(1) the account, budget activity, and particular
program or programs from which the funds proposed to be
obligated are to be derived and the amount of the
proposed 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:
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\46\ 22 U.S.C. 5922.
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(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:
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\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)''.
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(1) To advance defense conversion by funding civilian
collaborative research and development projects between
scientists and engineers in the United States and in
the independent states of the former Soviet Union.
(2) To assist the establishment of a market economy
in the independent states of the former Soviet Union by
promoting, identifying, and partially funding joint
research, development, and demonstration ventures
between United States businesses and scientists,
engineers, and entrepreneurs in those independent
states.
(3) To provide a mechanism for scientists, engineers,
and entrepreneurs in the independent states of the
former Soviet Union to develop an understanding of
commercial business practices by establishing linkages
to United States scientists, engineers, and businesses.
(4) To provide access for United States businesses to
sophisticated new technologies, talented researchers,
and potential new markets within the independent states
of the former Soviet Union.
(5) To provide productive research and development
opportunities within the independent states of the
former Soviet Union that offer scientists and engineers
alternatives to emigration and help prevent
proliferation of weapons technologies and the
dissolution of the technological infrastructure of
those states.

TITLE XV--NONPROLIFERATION

SEC. 1501. SHORT TITLE.

This title may be cited as the ``Weapons of Mass
Destruction Control Act of 1992''.

SEC. 1502. SENSE OF CONGRESS.

It is the sense of the Congress that--
(1) the proliferation (A) of nuclear, biological, and
chemical weapons (hereinafter in this title referred to
as ``weapons of mass destruction'') and related
technology and knowledge and (B) of missile delivery
systems remains one of the most serious threats to
international peace and the national security of the
United States in the post-cold war era;
(2) the proliferation of nuclear weapons, given the
extraordinary lethality of those weapons, is of
particularly serious concern;
(3) the nonproliferation policy of the United States
should continue to seek to limit both the supply of and
demand for weapons of mass destruction and to reduce
the existing threat from proliferation of such weapons;
(4) substantial funding of nonproliferation
activities by the United States is essential to
controlling the proliferation of all weapons of mass
destruction, especially nuclear weapons and missile
delivery systems;
(5) the President's nonproliferation policy statement
of June 1992, and his September 10, 1992, initiative to
increase funding for nonproliferation activities in the
Department of Energy are praiseworthy;
(6) the Congress is committed to cooperating with the
President in carrying out an effective policy designed
to control the proliferation of weapons of mass
destruction;
(7) the President should identify a full range of
appropriate, high priority nonproliferation activities
that can be undertaken by the United States and should
include requests for full funding for those activities
in the budget submission for fiscal year 1994;
(8) the Department of Defense and the Department of
Energy have unique expertise that can further enhance
the effectiveness of international nonproliferation
activities;
(9) under the guidance of the President, the
Secretary of Defense and the Secretary of Energy should
continue to actively assist in United States
nonproliferation activities and in formulating and
executing United States nonproliferation policy,
emphasizing activities such as improved capabilities
(A) to detect and monitor proliferation, (B) to respond
to terrorism, theft, and accidents involving weapons of
mass destruction, and (C) to assist with interdiction
and destruction of weapons of mass destruction and
related weapons material; and
(10) in a manner consistent with United States
nonproliferation policy, the Department of Defense and
the Department of Energy should continue to maintain
and to improve their capabilities to identify, monitor,
and respond to proliferation of weapons of mass
destruction and missile delivery systems.

SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY
NONPROLIFERATION ACTIVITIES.

(a) Report Required.--The Secretary of Defense and the
Secretary of Energy shall jointly submit to the committees of
Congress named in subsection (d)(1) a report describing the
role of the Department of Defense and the Department of Energy
with respect to the nonproliferation policy of the United
States.
(b) Matters To Be Covered in Report.--The report shall--
(1) address how the Secretary of Defense integrates
and coordinates existing intelligence and military
capabilities of the Department of Defense and how the
Secretary of Energy integrates and coordinates the
intelligence and emergency response capabilities of the
Department of Energy in support of the nonproliferation
policy of the United States;
(2) identify existing and planned capabilities within
the Department of Defense, including particular
capabilities of the military services, and the
Department of Energy to (A) detect and monitor
clandestine weapons of mass destruction programs, (B)
respond to terrorism or accidents involving such
weapons and to theft of related weapons materials, and
(C) assist with interdiction and destruction of weapons
of mass destruction and related weapons materials;
(3) describe, for the Department of Defense, the
degree to which the Secretary of Defense has
incorporated a nonproliferation mission into the
overall mission of the unified combatant commands and
how the Special Operations Command might support the
commanders of the unified and specified commands in
that mission;
(4) consider the appropriate roles of the Defense
Advance Research Projects Agency (DARPA), the Defense
Nuclear Agency (DNA), the On-Site-Inspection Agency
(OSIA), and other Department of Defense agencies, as
well as the national laboratories of the Department of
Energy, in providing technical assistance and support
for the efforts of the Department of Defense and the
Department of Energy with respect to nonproliferation;
and
(5) identify existing and planned mechanisms for
improving the integration of Department of Defense and
Department of Energy nonproliferation activities with
those of other Federal departments and agencies.
(c) Coordination With Other Agencies.--The report required
by subsection (a) shall, for purposes of subsection (b)(5), be
coordinated with the heads of other appropriate departments and
agencies.
(d) Submission of Report.--(1) The report required by
subsection (a) shall be submitted--
(A) to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) to the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Energy and
Commerce of the House of Representatives.\49\
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\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).
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(2) The report shall be submitted not later than 180 days
after the date of enactment of this Act and shall be submitted
in unclassified form and, as necessary, in classified form.

SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE.

(a) Funds for Department of Defense Activities.--
(1) Of the amount appropriated pursuant to section
103(3) for Other Procurement, Air Force, $5,000,000
shall be available for the AFTAC Chem/Biological
Collection/Processing program.
(2) Of the amount appropriated pursuant to section
201(3) for Research, Development, Test, and Evaluation,
Air Force, $6,500,000 shall be available for the Joint
Seismic Program.
(3) Of the amount appropriated pursuant to section
201(4) for Research, Development, Test, and Evaluation,
Defense Agencies--
(A) $11,600,000 shall be available for LIDAR,
(B) $5,000,000 shall be available for Seismic
programs of the Defense Advanced Research
Projects Agency, and
(C) $15,000,000 shall be available for
Nuclear Proliferation Detection Technology
programs of the Defense Advanced Research
Projects Agency.
(b) Funds for Department of Energy Activities.--Of the
amount appropriated pursuant to section 3104(a)(2) for
Verification and Control Technologies, $86,000,000 shall be
available for nuclear nonproliferation detection technologies
and activities. Of such amount, not more than $30,000,000 may
be obligated until the report required by section 1503 is
submitted.

SEC. 1505.\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.
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\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''.
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(b) Activities for Which Assistance May Be Provided.--
Activities for which assistance may be provided under this
section are activities such as the following:
(1) Activities carried out by international
organizations \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\
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\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.''.
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(2) Activities of the Department of Defense \56\ in
support of the United Nations Special Commission on
Iraq (or any successor organization).\57\
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\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)''.
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(3) Collaborative international nuclear security and
nuclear safety projects to combat the threat of nuclear
theft, terrorism, or accidents, including joint
emergency response exercises, technical assistance, and
training.
(4) Efforts to improve international cooperative
monitoring of nuclear, biological, chemical, and
missile proliferation through technical projects and
improved information sharing.\58\
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\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''.
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(c) Form of Assistance.--(1) Assistance under this section
may include funds and in-kind contributions of supplies,
equipment, personnel, training, and other forms of assistance.
(2) Assistance under this section may be provided to
international organizations in the form of funds only if the
amount in the ``Contributions to International Organizations''
account of the Department of State is insufficient or otherwise
unavailable to meet the United States fair share of assessments
for international nuclear nonproliferation activities.
(3) No amount may be obligated for an expenditure under
this section unless the Director of the Office of Management
and Budget determines that the expenditure will be counted as
discretionary spending in the national defense budget function
(function 050).\59\
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\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).''.
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(4) No assistance may be furnished under this section
unless the Secretary of Defense determines and certifies to the
Congress 30 days in advance that the provision of such
assistance--
(A) is in the national security interest of the
United States; and
(B) will not adversely affect the military
preparedness of the United States.
(5) The authority to provide assistance under this section
in the form of funds may be exercised only to the extent and in
the amounts provided in advance in appropriations Act.
(d) \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.
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\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--
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``(A) the account, budget activity, and particular program or programs
from which the funds proposed to be obligated are to be derived and the
amount of the proposed obligation; and

``(B) the activities and forms of assistance for which the Secretary of
Defense plans to obligate the funds.''.
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\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''.
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(2) Supplies and equipment provided as assistance under
this section may be provided, by loan or donation, from
existing stocks of the Department of Defense and the Department
of Energy.
(3) The total amount of the assistance provided in the form
of funds under this section,\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.
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\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.''.
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(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\
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\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.''.
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(B) Financial assistance may be provided under subparagraph
(A) only after the Secretary of Defense provides notice in
writing to the committees of Congress named in subsection
(e)(2) of the significant unforeseen development and of the
Secretary's intent to provide assistance in excess of the
limitation for that fiscal year.\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.
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(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--
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\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)''.
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(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations
of the Senate; and
(B) \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.
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\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''.
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(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.
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\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.
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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''.
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\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.''.
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SEC. 1602. UNITED STATES POLICY.

(a) In General.--It shall be the policy of the United
States to oppose, and urgently to seek the agreement of other
nations also to oppose, any transfer to Iran or Iraq of any
goods or technology, including dual-use goods or technology,
wherever that transfer could materially contribute to either
country's acquiring chemical, biological, nuclear, or
destabilizing numbers and types of advanced conventional
weapons.
(b) Sanctions.--(1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to
Iran, Iraq, and those nations and persons who assist them in
acquiring weapons of mass destruction in accordance with the
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation
Act of 1978, the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, chapter 7 of the Arms Export
Control Act,\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''.
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(b) Mandatory Sanctions.--The sanctions to be imposed
pursuant to subsection (a) are as follows:
(1) Procurement sanction.--For a period of two years,
the United States Government shall not procure, or
enter into any contract for the procurement of, any
goods or services from the sanctioned person.
(2) Export sanction.--For a period of two years, the
United States Government shall not issue any license
for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

(a) Prohibition.--If the President determines that the
government of any foreign country transfers or retransfers
goods or technology so as to contribute knowingly and
materially to the efforts by Iran or Iraq (or any agency or
instrumentality of either such country) to acquire chemical,
biological, or nuclear weapons or \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.
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\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.
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\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);''.

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.
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(b) Sanctions Against Countries Assisting Cuba.--
(1) Sanctions.--The President may apply the following
sanctions to any country that provides assistance to
Cuba:
(A) The government of such country shall not
be eligible for assistance under the Foreign
Assistance Act of 1961 or assistance or sales
under the Arms Export Control Act.
(B) Such country shall not be eligible, under
any program, for forgiveness or reduction of
debt owed to the United States Government.
(2) Definition of assistance.--For purposes of
paragraph (1), the term ``assistance to Cuba''--
(A) means assistance to or for the benefit of
the Government of Cuba that is provided by
grant, concessional sale, guaranty, or
insurance, or by any other means on terms more
favorable than that generally available in the
applicable market, whether in the form of a
loan, lease, credit, or otherwise, and such
term includes subsidies for exports to Cuba and
favorable tariff treatment of articles that are
the growth, product, or manufacture of Cuba;
\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).
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(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.
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(2) except in a case in which there is a reasonable
likelihood that the item to be exported will be used
for purposes of torture or other human rights abuses;
(3) except in a case in which there is a reasonable
likelihood that the item to be exported will be
reexported; and
(4) except in a case in which the item to be exported
could be used in the production of any biotechnological
product.
(d) \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.

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.
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\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.
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(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.
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\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).
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(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.
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\9\ 10 U.S.C. 113 note.
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(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. * * *
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\10\ Sec. 1042 amended sec. 1002(c)(1) of the Department of Defense
Authorization Act, 1985 (22 U.S.C. 1928 note).
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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.
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\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.
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(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]
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\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).
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SEC. 1046.\13\ DEFENSE COST-SHARING.
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\13\ 22 U.S.C. 1928 note.
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(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\
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\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).
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(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.
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\15\ Sec. 1313(e) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2895) added subsec.
(f).
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SEC. 1047.\16\ USE OF CONTRIBUTIONS OF FRIENDLY FOREIGN COUNTRIES AND
NATO FOR COOPERATIVE DEFENSE PROJECTS. * * *
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\16\ Sec. 1047(a) added a new 10 U.S.C. 2350i--Foreign
Contributions for Cooperative Projects.
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* * * * * * *

SEC. 1049.\17\ EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DEFENSE
ARTICLES TO CERTAIN COUNTRIES. * * *
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\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.
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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--
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\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.''.
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(1) may provide without monetary charge to the
Republic of Italy articles and services as specified in
the agreements; and
(2) may accept from the Republic of Italy (in return
for the articles and services provided under paragraph
(1)) articles and services as specified in the
agreements.
(b) Administration of Agreements.--In connection with the
administration of the Italian air defense agreements, the
Secretary of Defense may--
(1) waive any surcharge for administrative services
otherwise chargeable under section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A));
(2) waive any charge not otherwise waived for
services associated with contract administration for
the sale under the Arms Export Control Act of Patriot
air defense missile fire units or components thereof to
the Republic of Italy contemplated in the agreements;
and
(3) use, to the extent contemplated in the
agreements, the North Atlantic Treaty Organization
(NATO) Maintenance and Supply Agency--
(A) for the supply of logistic support in
Europe for the Patriot missile system; and
(B) for the acquisition of such logistic
support, to the extent that the Secretary
determines that the procedures of that agency
governing such supply and acquisition are
appropriate.
(c) Authority Subject to Availability of Appropriations.--The
authority of the Secretary of Defense to enter into contracts
under the Italian air defense agreements is available only to
the extent that appropriated funds are otherwise available for
that purpose.
(d) Definition.--For the purposes of this section, the term
``Italian air defense agreements'' means--
(1) the agreement entitled ``Memorandum of
Understanding Between the Secretary of Defense of the
United States of America and the Minister of Defense of
the Italian Republic on Cooperative Measures for
Enhancing Air Defense in Italy'', signed on March 24,
1988; and
(2) the agreement entitled ``Implementing Agreement
to the Memorandum of Understanding Between the
Secretary of Defense of the United States of America
and the Minister of Defense of the Italian Republic on
Cooperative Measures for Enhancing Air Defense in
Italy'', signed on April 20, 1990.

SEC. 1051.\19\ EXTENSION OF AWACS AUTHORITY. * * *
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\19\ Sec. 1051 amended 10 U.S.C. 2350e.
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SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN
FORCES.

(a) \20\ Authority to Pay Training Expenses.--* * *
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\20\ Sec. 1052(a) added a new 10 U.S.C. 2011--Special Operations
Forces: Training With Friendly Foreign Forces.
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(b) \21\ Budgeting for Training.--* * *
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\21\ Sec. 1052(b) amended 10 U.S.C. 166.
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SEC. 1053.\22\ EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN
FOREIGN COMPARATIVE TESTING PROGRAM. * * *
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\22\ Sec. 1053 amended 10 U.S.C. 2350a(g).
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SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT MILITARY
INSTALLATIONS OUTSIDE THE UNITED STATES.

(a) Authorization.--The number of employment positions on the
last day of fiscal years 1992 and 1993 at United States
military installations located outside the United States that
may be filled by foreign nationals who are employed pursuant to
an indirect-hire civilian personnel agreement and are paid by
the United States may not exceed the following:
(1) For fiscal year 1992, 60,000.
(2) For fiscal year 1993, 47,750.
(b) Waiver Authority.--The Secretary of Defense may waive the
requirement of subsection (a) for a fiscal year if the
Secretary determines that the national security interests of
the United States require waiver of such requirement. The
Secretary shall notify Congress of any use of this waiver
authority and the reasons for the waiver.
(c) Sense of Congress.--It is the sense of Congress that,
beginning with fiscal year 1994, the President should achieve
reductions (below fiscal year 1993 levels) in the cost to the
United States of salaries and other remuneration of foreign
nationals employed at United States military installations
located outside the United States through agreements under
which the host countries assume a greater share of these costs.
* * * * * * *

Part F--Congressional Findings, Policies, and Commendations

SEC. 1071. SENSE OF CONGRESS RELATING TO THE CONTRIBUTIONS TO OPERATION
DESERT STORM MADE BY THE DEFENSE-RELATED INDUSTRIES
OF THE UNITED STATES.

(a) Findings.--Congress makes the following findings:
(1) The United States and its coalition allies
achieved a great victory in Operation Desert Storm,
carried out in the Persian Gulf region in the winter of
1991.
(2) The outstanding success of Operation Desert Storm
was due in great measure to the ready availability of
weapons and weapon systems exhibiting remarkable
accuracy through advanced technological design.
(3) These weapons and weapon systems were designed
and produced by the defense-related industries of the
United States.
(4) The battle plan for Operation Desert Storm
formulated by the commander of the United States
Central Command relied on the availability and
performance of these weapons and weapon systems.
(5) The successful use of these weapons and weapon
systems in accordance with that plan resulted in
astonishingly small numbers of killed and wounded among
the Armed Forces of the United States and of allied
coalition forces in general.
(b) Sense of Congress.--It is the sense of Congress--
(1) that the defense-related industries of the United
States, and the men and women who work in those
industries, deserve the gratitude and appreciation of
the Congress and of the United States for the design
and production of the technologically-advanced weapons
and weapon systems that helped to ensure victory in
Operation Desert Storm;
(2) that future decisions relating to the national
security of the United States must take into account
the need to maintain strong defense-related industries
in the United States; and
(3) that it is vitally important to the United States
that the defense-related industries of the United
States be capable of responding to the national
security requirements of the United States.
* * * * * * *

SEC. 1074. SENSE OF CONGRESS RELATING TO THE CHEMICAL DECONTAMINATION
TRAINING FACILITY, FORT MCCLELLAN, ALABAMA.

(a) Findings.--Congress makes the following findings:
(1) The possibility of use of chemical weapons by
Iraqi forces was the most significant military threat
confronted by members of the Armed Forces of the United
States who served in the Persian Gulf region in
connection with Operation Desert Storm.
(2) There continues to be extreme concern with
respect to the ever more rapid proliferation of
chemical weapons and agents, especially among nations
in the Middle East.
(3) This proliferation makes it increasingly
necessary that members of the Armed Forces have the
capability of self-defense against chemical weapons and
agents.
(4) Combat training with live chemical agents
directly promotes this capability by reducing the life-
threatening fear and self doubt that some soldiers
experience on a battlefield contaminated by chemical
weapons or agents.
(5) Such training further promotes this capability by
enhancing the professional credibility of the members
of the Armed Forces who train others with respect to
chemical weapons and agents.
(6) The Chemical Decontamination Training Facility
(CDTF) located at Fort McClellan, Alabama, is the only
facility for conducting combat training with live
chemical agents in the Western Hemisphere.
(7) The operations of the Chemical Decontamination
Training Facility depend upon the support activities of
the Army Chemical School which is also located at Fort
McClellan, Alabama.
(8) The Defense Base Closure and Realignment
Commission has reported that the closure or diminished
operation of the Chemical Decontamination Training
Facility could have an adverse impact on the capability
of the Armed Forces to defend against the use of
chemical weapons and agents and, thus, on the national
security of the United States.
(9) The capability of members of the Armed Forces to
defend against chemical weapons and agents depends upon
maintaining a fully operating facility for conducting
combat training with live chemical agents located in
the Western Hemisphere including maintaining associated
support activities.
(b) Sense of Congress.--It is the sense of Congress that the
necessity for the Armed Forces to have an effective live
chemical agent training facility requires that the Chemical
Decontamination Training Facility and the Army Chemical School
be continued in operation at Fort McClellan, Alabama, unless a
new facility for conducting combat training with live chemical
agents is constructed.

SEC. 1075. POLICY REGARDING CONTRACTING WITH FOREIGN FIRMS THAT
PARTICIPATE IN THE SECONDARY ARAB BOYCOTT.

(a) Restatement of Policy Regarding Trade Boycotts.--As
stated in section 3(5)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2402(5)(A)), it is the policy of the
United States to oppose restrictive trade practices or boycotts
fostered or imposed by foreign countries against other
countries friendly to the United States or against any other
United States person.
(b) Sense of Congress.--Consistent with the policy referred
to in subsection (a), it is the sense of Congress that--
(1) no Department of Defense prime contract should be
awarded to a foreign person unless that person
certifies to the Secretary of Defense that it does not
comply with the secondary Arab boycott of Israel; and
(2) the Secretary of Defense should consider
developing a procurement policy to implement the policy
expressed in paragraph (1).
* * * * * * *

Part G--Miscellaneous Matters

* * * * * * *

SEC. 1082.\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.
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\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).
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(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.
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(B) For purposes of this section, a Vietnam-era POW/MIA is
any member of the Armed Forces or civilian employee of the
United States who was at any time classified as a prisoner of
war or missing in action during the Vietnam era and whose
person or remains have not been returned to United States
control.
(b) Exceptions.--(1) The Secretary of Defense may not make a
record or other information available to the public pursuant to
subsection (a) if--
(A) the record or other information is exempt from
the disclosure requirements of section 552 of title 5,
United States Code, by reason of subsection (b) of that
section; or
(B) the record or other information is in a system of
records exempt from the requirements of subsection (d)
of section 552a of such title pursuant to subsection
(j) or (k) of that section.
(2) The Secretary of Defense may not make a record or other
information available to the public pursuant to subsection (a)
if the record or other information specifically mentions a
person by name unless--
(A) in the case of a person who is alive (and not
incapacitated) and whose whereabouts are known, that
person expressly consents in writing to the disclosure
of the record or other information; or
(B) in the case of a person who is dead or
incapacitated or whose whereabouts are unknown, a
family member or family members of that person
determined by the Secretary of Defense to be
appropriate for such purpose expressly consent in
writing to the disclosure of the record or other
information.
(3)(A) The limitation on disclosure in paragraph (2) does not
apply in the case of a person who is dead or incapacitated or
whose whereabouts are unknown if the family member or members
of that person determined pursuant to subparagraph (B) of that
paragraph cannot be located by the Secretary of Defense-- \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).
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(i) in the case of a person missing from the
Vietnam era, after a reasonable effort; and
(ii) in the case of a person missing from the
Korean Conflict or Cold War, after a period of
90 days from the date on which any record or
other information referred to in paragraph (2)
is received by the Department of Defense for
disclosure review from the Archivist of the
United States, the Library of Congress, or the
Joint United States-Russian Commission on POW/
MIAs.
(B) Paragraph (2) does not apply to the access of an adult
member of the family of a person to any record or information
to the extent that the record or other information relates to
that person.
(C) The authority of a person to consent to disclosure of a
record or other information for the purposes of paragraph (2)
may be delegated to another person or an organization only by
means of an express legal power of attorney granted by the
person authorized by that paragraph to consent to the
disclosure.
(c) Deadlines.--(1) In the case of records or other
information originated by the Department of Defense, the
official custodian shall make such records and other
information available to the public pursuant to this section
not later than January 2, 1996.\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.
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\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.
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(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.
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(2) The first such report shall be submitted not later than
90 days after the date of the enactment of this Act.
(b) Matters To Be Covered.--Each such report shall cover--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary has reason to believe may be intended for the
delivery of NBC weapons;
(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
has reason to believe may be used to deliver NBC
weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary has
reason to believe could be used to manufacture NBC
weapons.
(c) Content of Report.--Each such report shall include the
following:
(1) The status of missile, aircraft, and other
weapons delivery and weaponization programs in any such
country, including efforts by such country to acquire
MTCR equipment, NBC-capable aircraft, or any other
weapon or major weapon component which is dedicated to
the delivery of NBC weapons, whose primary use is the
delivery of NBC weapons, or that the Secretary has
reason to believe could be used to deliver NBC weapons.
(2) The status of NBC weapons development,
manufacture, and deployment programs in any such
country, including efforts to acquire essential test
equipment, manufacturing equipment and technology,
weaponization equipment and technology, and radioactive
material, feedstocks or components of feedstocks, and
biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country in the development
of--
(A) missile systems, as defined in the MTCR
or that the Secretary has reason to believe may
be used to deliver NBC weapons;
(B) aircraft and other delivery systems and
weapons that the Secretary has reason to
believe could be used to deliver NBC weapons;
and
(C) NBC weapons.
(4) A listing of those persons and countries which
continue to provide such equipment or technology
described in paragraph (3) to any country as of the
date of submission of the report.
(5) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and
other agreements affecting the acquisition and delivery
of NBC weapons, have made with respect to activities
and private persons and governments suspected of
violating the MTCR and such other agreements.
(6) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
agreements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
(7) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)).
(8) An explanation of United States policy regarding
the transfer of MTCR equipment or technology to foreign
missile programs, including programs involving launches
of space vehicles.
(d) Exclusions.--The countries excluded under subsection (a)
are Australia, Belgium, Canada, Denmark, Germany, France,\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''.
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(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

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\

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''.
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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
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\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--
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\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.
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(1) to discourage the proliferation, development, and
production of the weapons, material, and technology
necessary to produce or acquire missiles that can
deliver weapons of mass destruction;
(2) to discourage countries and private persons in
other countries from aiding and abetting any states
from acquiring such weapons, material, and technology;
(3) to strengthen United States and existing
multilateral export controls to prohibit the flow of
materials, equipment, and technology that would assist
countries in acquiring the ability to produce or
acquire missiles that can deliver weapons of mass
destruction, including missiles, warheads and
weaponization technology, targeting technology, test
and evaluation technology, and range and weapons effect
measurement technology; and
(4) with respect to the Missile Technology Control
Regime (``MTCR'') and its participating governments--
(A) to improve enforcement and seek a common
and stricter interpretation among MTCR members
of MTCR principles;
(B) to increase the number of countries that
adhere to the MTCR; and
(C) to increase information sharing among
United States agencies and among governments on
missile technology transfer, including export
licensing, and enforcement activities.

SEC. 1702.\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\

* * * * * * *
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\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,''.
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(b) Exception.--The provisions of subsection (a) do not apply
to authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the NATO Infrastructure program (and
authorizations of appropriations therefor) for which
appropriated funds have been obligated before October 1, 1992,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 1993, whichever is later,
for construction contracts, land acquisition, family housing
projects and facilities, or contributions to the NATO
Infrastructure program.

TITLE XXVIII--GENERAL PROVISIONS

Part A--Construction, Leasing, Improvements, Disposal, and Utilization
of Military Installations and Facilities

* * * * * * *

SEC. 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)''.
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(2) As used in this subsection:
(A) The term ``nonappropriated funds'' means funds
received from--
(i) the adjustment of, or surcharge on,
selling prices at commissary stores fixed under
section 2685 of title 10, United States Code;
or
(ii) a nonappropriated fund instrumentality.
(B) The term ``nonappropriated fund instrumentality''
means an instrumentality of the United States under the
jurisdiction of the Armed Forces (including the Army
and Air Force Exchange Service, the Navy Resale and
Services Support Office, and the Marine Corps
exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental
improvement of members of the Armed Forces.
(e) \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\
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\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
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\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

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\

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.

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\
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\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.
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(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.
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\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.
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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.
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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.

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''.
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(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)''.
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(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\
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\13\ For text of INF treaty, ratified on June 1, 1988, see
Legislation on Foreign Relations, vol. V, sec. F.
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(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]
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\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.
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* * * * * * *

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

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''.
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(b) Extension of Authority Provided Secretary of Defense in
Connection With the NATO AWACS Program.--Effective on October
1, 1985, section 103(a) of the Department of Defense
Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is
amended by striking out ``fiscal year 1985'' both places it
appears and inserting in lieu thereof ``fiscal year 1986''.
* * * * * * *

Part B--Strategic Defense Initiative

SEC. 221. FUNDING FOR FISCAL YEAR 1986

Of the amount authorized in section 201 for the Defense
Agencies, $2,750,000,000 is available for the Strategic Defense
Initiative, of which $12,500,000 is available only for the
medical application of free-electron lasers and associated
material and physical science research.
---------------------------------------------------------------------------
\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.
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\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.''.
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(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.
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\21\ New para. (3) added by sec. 141(b)(1)(C) of Public Law 106-65
(113 Stat. 538).
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(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.
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\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''.
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(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\
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\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).
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(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)).
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\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).
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(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--
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\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).
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(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.
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\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).
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(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--
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\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''.
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(A) experience in the acquisition, storage, and
destruction of chemical agents and munitions;
(B) training in chemical warfare defense operations;
and
(C) outstanding qualifications regarding safety in
handling chemical agents and munitions.
(f) Identification of Funds.--(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.
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\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.''.
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(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.
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\36\ Sec. 141(b)(2) of Public Law 106-65 (113 Stat. 538) struck out
``(c)(4)'' and inserted in lieu thereof ``(c)(5)''.
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(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.
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\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.
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(2) \39\ Each annual report shall include the following:
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\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''.
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(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\
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\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).
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(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\
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\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)''.
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(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--
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\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).
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(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.
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\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)''.
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(h) Prohibition on Acquiring Certain Lethal Chemical Agents
and Munitions.--(1) Except as provided in paragraph (2), no
agency of the Federal Government may, after November 8,
1985,\47\ develop or acquire lethal chemical agents or
munitions other than binary chemical weapons.
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\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''.
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(2)(A) The Secretary of Defense may acquire any chemical
agent or munition at any time for purposes of intelligence
analysis.
(B) Chemical agents and munitions may be acquired for
research, development, test, and evaluation purposes at any
time, but only in quantities needed for such purposes and not
in production quantities.
(i) Reaffirmation of United States Position On First Use of
Chemical Agents and Munitions.--It is the sense of Congress
that the President should publicly reaffirm the position of the
United States as set out in the Geneva Protocol of 1925, which
the United States ratified with reservations in 1975.
(j) Definitions.--For purposes of this section:
(1) The term ``chemical agent and munition'' means an
agent or munition that, through its chemical
properties, produces lethal or other damaging effects
on human beings, except that such term does not include
riot control agents, chemical herbicides, smoke and
other obscuration materials.
(2) The term ``lethal chemical agent and munition''
means a chemical agent or munition that is designed to
cause death, through its chemical properties, to human
beings in field concentrations.
(3) The term ``destruction'' means, with respect to
chemical munitions or agents--
(A) the demolishment of such munitions or
agents by incineration or by any other means;
or
(B) the dismantling or other disposal of such
munitions or agents so as to make them useless
for military purposes and harmless to human
beings under normal circumstances.
(k) \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.
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\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''.
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(2) Upon its successful completion of the prove out of the
equipment and facility at Johnston Atoll, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives \49\ a report certifying that the prove out is
completed.
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\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).
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(3) If the Secretary determines at any time that there will
be a delay in meeting the deadline of December 31, 1990,
scheduled by the Department of Defense for completion of the
operational verification at Johnston Atoll referred to in
paragraph (1), the Secretary shall immediately notify the
Committees of that projected delay.

SEC. 1413. REPORT CONCERNING THE TESTING OF CHEMICAL WARFARE AGENTS

The Secretary of Defense shall, within 90 days after the
date of enactment of this Act, transmit a report to the
Committees on Armed Services of the Senate and House of
Representatives \50\ describing the following matters
concerning the testing of diluted or undiluted chemical warfare
agents:
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\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).
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(1) The criteria and process used for selecting sites
for such testing.
(2) The nature and extent of any consultation carried
out with State and local officials before the site for
such testing is selected.
(3) The consideration that is given to the proximity
of residential dwelling units, schools, child care
centers, nursing homes, hospitals, or other health care
facilities to the testing site.
(4) Whether an environmental impact statement should
be required prior to the approval of a contract for
such testing.
(5) Any costs that may have to be incurred by the
Federal Government to assist companies that carry out
such testing to relocate to more isolated areas.
(6) The degree to which the Secretary estimates that
such testing will increase or decrease.
(7) Any recurring problems associated with such
testing or the site selection process for such testing.
(8) Any changes in site selection process that are to
be implemented by the Secretary or for which
legislative action is necessary.

Part C--Drug Interdiction, Law Enforcement, and Other Specific Programs

SEC. 1421.\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.
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\51\ 14 U.S.C. 89 note.
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(b) Law Enforcement Functions.--Members of the Coast Guard
assigned to duty on board naval vessels under this section
shall perform such law enforcement functions (including drug-
interdiction functions)--
(1) as may be agreed upon by the Secretary of Defense
and the Secretary of Transportation; and
(2) as are otherwise within the jurisdiction of the
Coast Guard.
(c) Authorization of Necessary Coast Guard Personnel;
Funding.--(1) The active-duty military strength level for the
Coast Guard for fiscal year 1986 is increased by 500.
Additional members of the Coast Guard who are on active duty by
reason of this subsection shall be assigned to duty as provided
in subsection (a).
(2) Of the funds appropriated for operation and maintenance
for the Navy for fiscal year 1986, the sum of $15,000,000 shall
be transferred to the Secretary of Transportation and shall be
available only for the additional personnel authorized by
paragraph (1).
(d) Definitions.--For the purposes of this section:
(1) The term ``drug-interdiction area'' means an area
outside the land area of the United States in which the
Secretary of Defense (in consultation with the Attorney
General) determines that activities involving smuggling
of drugs into the United States are ongoing.
(2) The term ``active-duty military strength level
for the Coast Guard for fiscal year 1986'' means the
full-time equivalent strength level for active-duty
military personnel of the Coast Guard for fiscal year
1986 required to be maintained by section 3 of the
Coast Guard Authorization Act of 1984 (Public Law 98-
557; 98 Stat. 2860).

SEC. 1422. ESTABLISHMENT, OPERATION, AND MAINTENANCE OF DRUG LAW
ENFORCEMENT ASSISTANCE ORGANIZATIONS OF THE
DEPARTMENT OF DEFENSE

(a) Authorization of Funds for Elements Assisting Civilian
Drug Interdiction.--(1) There are authorized to be appropriated
to the Department of Defense for fiscal year 1986 such sums as
may be necessary for the establishment, operation, and
maintenance of airborne surveillance, detection, and
interdiction units in the Department of Defense.
(2) There are authorized to be appropriated to the
Department of Defense for fiscal year 1986 such sums as may be
necessary for the operation and maintenance of the Directorate
of the Department of Defense Task Force on Drug Law
Enforcement.
(b) Command, Control, and Coordination.--A special
operations headquarters element shall provide necessary
command, control, and coordination of appropriate active or
Reserve Component special operations forces, combat rescue
units, and other units for participation by such forces and
units in drug law-enforcement assistance missions.
(c) Report on Plans to Enhance Cooperation With Civilian
Drug Enforcement Agencies.--Not later than December 1, 1985,
the Secretary of Defense shall submit to the committees on
Armed Services of the Senate and the House of Representatives
\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--
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\52\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives. 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).
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(1) actions or proposed actions to establish,
operate, and maintain reserve component forces,
airborne surveillance, detection, and interdiction
units, including--
(A) actions or proposed actions to
consolidate or establish, in a Special
Operations Wing of the Air Force (reserve or
active component), command, control, and
coordination of Air Force Special Operations
aircraft (including aircraft assigned to the
Special Operations Wing of the Regular Air
Force on or before March 1, 1985); and
(B) in the case of any such aircraft which
are not to remain assigned to a Special
Operation Wing of the Air Force, the
disposition or planned disposition of those
aircraft;
(2) actions and proposed actions to use rotary-wing
and fixed-wing aircraft of the Department of Defense as
well as other measures necessary to furnish
(commensurate with military readiness and the
provisions of chapter 18 of title 10, United States
Code) optimal support to civilian law enforcement
agencies; and
(3) actions and proposed actions to promote dual use
between the reserve component forces and civilian law
enforcement agencies of the Department of Defense
aircraft and other Department of Defense resources made
available to civilian law enforcement agencies for the
purpose of carrying out drug interdiction missions.
* * * * * * *

SEC. 1424. STUDY ON THE USE OF THE E-2 AIRCRAFT FOR DRUG INTERDICTION
PURPOSES

(a) Study by Secretary of the Navy.--The Secretary of the
Navy shall conduct a test of the use of E-2 aircraft of the
Navy to determine the effectiveness of that aircraft in drug
interdiction. The study shall be conducted along the border
between the United States and Mexico and shall be carried out
over a period of 6 months.
(b) Collection of Data.--As part of the test, the Secretary
shall collect data on the contribution on the use of the E-2
aircraft to the apprehension of drug smugglers. This data shall
include the number of intercepts which resulted in
apprehensions.
(c) Report.--Not later than September 30, 1986, the
Secretary shall submit to Congress a report on the results of
the study.

SEC. 1425. STRATEGIC BOMBER PROGRAMS

(a) Sense of Congress Regarding the Advanced Technology
Bomber and the Advanced Cruise Missile.--It is the sense of
Congress that--
(1) the capabilities inherent in the technologies
associated with the Advanced Technology Bomber program
and the Advanced Cruise Missile program are a critical
national security asset for maintaining an adequate and
credible deterrent posture;
(2) such technologies and programs should be
developed as rapidly as feasible in order to produce
and deploy advanced systems which will complicate the
military planning of the Soviet Union and as a
consequence enhance the deterrent posture of the United
States;
(3) such technologies and programs should be funded
at the levels authorized in this Act; and
(4) all the funds appropriated for such programs
should be fully used for such programs.
(b) Prohibition on Use of Funds for ATB and ACM for Any
Other Purpose.--None of the funds appropriated pursuant to an
authorization of appropriations in this Act to carry out the
Advanced Technology Bomber program or the Advanced Cruise
Missile program may be used for any other purpose.
(c) Sense of Congress on B-1B Bomber Program.--It is the
sense of Congress that, consistent with the stated policy of
the Department of Defense, the B-1B bomber aircraft procurement
program should be terminated after acquisition under such
program of 100 aircraft.
(d) Limitation on Number of B-1B Aircraft To Be Procured.--
None of the funds appropriated pursuant to an authorization
contained in this Act may be obligated or expended for the
conduct of research, design, demonstration, development, or
procurement of more than 100 B-1B bomber aircraft (including
any derivative or modified version of such aircraft).

SEC. 1426. RESTRICTIONS ON CERTAIN NUCLEAR PROGRAMS

(a) Restriction on Funding for MX Missile Warhead.--None of
the funds appropriated pursuant to an authorization provided in
this or any other Act may be obligated or expended for the
production of W-87 warheads for the MX missile program in
excess of the numbers of warheads required to arm the number of
such missiles authorized by the Congress to be deployed and
determined by the President to be necessary for quality
assurance and reliability testing.
(b) Employment of the Standard Missile (SM-2(N)).--Except
for the studies and report required by this section, none of
the funds authorized to be appropriated by this Act may be
expended for research, development, test, or procurement
associated with a nuclear variant of the Standard Missile (SM-
2(N)) or any associated nuclear warhead until 30 calendar days
after the Secretary of the Navy submits to the Committees on
Armed Services of the Senate and House of Representatives \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''.
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(b)(1) The President shall institute procedures, including
complete inspection prior to acceptance for transport, for
determining that--
(A) the transport of any goods and supplies
transported under this section is consistent with
foreign policy objectives;
(B) the goods and supplies to be transported are
suitable for humanitarian purposes and are in usable
condition;
(C) there is a legitimate humanitarian need for such
goods and supplies;
(D) the goods and supplies will in fact be used for
humanitarian purposes; and
(E) there are adequate arrangements for the
distribution of such goods and supplies in the country
of destination.
(2) Goods and supplies determined not to meet the criteria
of paragraph (1) may not be transported under this section.
(3) It shall be the responsibility of the donor to ensure
that goods or supplies to be transported under this section are
suitable for transport.
(c) Goods and supplies transported under this section may
be distributed by an agency of the United States Government, a
foreign government, or international organization, or a private
nonprofit relief organization. The Secretary of Defense may not
accept any goods or supplies for transportation under this
section unless verification of adequate arrangements has been
received in advance for distribution of such goods and
supplies.
(d) Goods or supplies transported under this section may
not be distributed, directly or indirectly, to any individual,
group, or organization engaged in military or paramilitary
activity.
(e) No later than 90 days after the date of the enactment
of this section, and every 60 days thereafter, the Secretary of
State shall report to the Congress concerning the origin,
contents, destination, and disposition of all goods and
supplies transported under this section.

Part E--Other Miscellaneous Matters

survivors of the glomar java sea

Sec. 1541. (a) The Congress finds that--
(1) on October 26, 1983, the United States registered
oil drilling ship Glomar Java Sea was reported missing
during stormy weather at its drilling site 60 miles off
Hainan Island in the South China Sea and was found
sunken near its drilling site on November 1, 1983;
(2) no evidence has been found of 46 of the 81
crewmen, including citizens of the United States, or of
the lifeboats which, reportedly, were launched from the
Glomar Java Sea, despite an intensive cooperative
search involving United States military search and
rescue aircraft and commercial vessels;
(3) the Chairman of the United States Coast Guard
Marine Board of Investigation has concluded that it is
possible that crewmembers of the Glomar Java Sea
survived and drifted into waters near the coast of
Vietnam; and
(4) the Government of Vietnam has refused to allow an
independent search for the possible survivors to be
conducted in waters within 20 miles of such coast.
(b) Considering the findings set out in subsection (a), it
is the sense of the Congress that the President should, through
all appropriate bilateral and multilateral channels, continue
and accelerate the effort to obtain the cooperation of the
Government of Vietnam in ascertaining the fate or locations of
the 46 crewmen of the sunken United States registered vessel
Glomar Java Sea.

policy regarding the furnishing of food and medical supplies to
afghanistan

Sec. 1542. (a) The Congress finds--
(1) that after more than four years of occupation by
the military forces of the Soviet Union, the freedom-
loving people of Afghanistan continue to resist the
oppression of the Soviet Union;
(2) that the current Soviet Union offensive has
resulted in great suffering and destruction in
Afghanistan and has intensified the Soviet policy which
targets civilian populations; and
(3) that this ``scorched earth'' policy of the Soviet
Union, which has resulted in the destruction of crops,
food supplies, farms, hospitals, and other public
buildings in Afghanistan, has been a desperate attempt
on the part of the Soviet Union to subdue the
population of that country or to force the depopulation
of certain areas which the occupying forces of the
Soviet Union are unable to control.
(b) It is, therefore, the sense of Congress that the free
world should take all appropriate steps to ensure that the
people of Afghanistan have the necessary food and medical
supplies adequate to sustain themselves while they are being
ravaged by the invading forces of the Soviet Union.

reaffirmation of united states policy toward cuba

Sec. 1543. (a) It is the policy of the Government of the
United States to continue in its relations with the Government
of Cuba the policy set forth in the joint resolution entitled
``Joint resolution expressing the determination of the United
States with respect to the situation in Cuba'', approved by the
President on October 3, 1962 (Public Law 87-733; 76 Stat.
697).\20\
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\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

--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).
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(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''.
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(b) Minimum Level of Local Sales.--In carrying out agreements
of the type referred to in subsection (a), the Administrator
shall permit private voluntary organizations and cooperatives
to sell, 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.
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\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.''.
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(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''.
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(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).
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(A) In general.--Except as provided in
subparagraph (B), the Secretary or the
Administrator, as appropriate, shall not enter
into an agreement under this Act to provide
agricultural commodities if such agreement
requires or permits the distribution, handling,
or allocation of such commodities by the
military forces of any government or insurgent
group.
(B) Exception.--Notwithstanding subparagraph
(A), the Secretary or the Administrator, as
appropriate, may authorize the handling or
distribution of commodities by the military
forces of a country in exceptional
circumstances in which--
(i) nonmilitary channels are not
available for such handling or
distribution;
(ii) such action is consistent with
the requirements of paragraph (1); and
(iii) the Secretary or the
Administrator, as appropriate,
determines that such action is
necessary to meet the emergency health,
safety, or nutritional requirements of
the recipient population.
(3) Encouragement of safe passage.--When entering
into agreements under this Act that involve areas
within recipient countries that are experiencing
protracted warfare or civil strife, the Secretary or
the Administrator, as appropriate, shall, to the extent
practicable, encourage all parties to the conflict to
permit safe passage of the commodities and other relief
supplies and to establish safe zones for medical and
humanitarian treatment and evacuation of injured
persons.
(j) \91\ Violations of Human Rights.--
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\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.
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\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.
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(B) Prohibition on commissions.--Commissions,
fees, or other payments to any selling agent or
to any agent of a purchaser shall be prohibited
in the purchase of agricultural commodities
that are financed under title I of \112\ this
Act.
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\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).
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(3) Limitations.--No commission, fees, or other
payments to an agent, broker, consultant, or other
representative of the importer or importing country for
ocean transportation brokerage services in connection
with the carriage of commodities provided under title I
of \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.
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\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''.
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(c) \105\^, \115\ Title II and III Program.--
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\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.''.
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(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.
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\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''.
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(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.
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\117\ Sec. 3011(2) of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 116 Stat. 284) added subpara. (B).
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(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.
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\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.''.
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(3) Avoidance of conflict of interest.--Freight
agents employed by the Agency for International
Development under titles II and III shall not represent
any \119\ foreign government during the period of their
contract with the United States Government.
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\119\ Sec. 328(b) of Public Law 102-237 (105 Stat. 1858) struck out
``other''.
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(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.
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\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''.
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(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\
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\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.
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(C) a statement of the amount of agricultural
commodities made available to each country
pursuant to section 416(b) of the Agricultural
Act of 1949 and the Food for Progress Act of
1985; and \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.
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\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.
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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\
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\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.''.
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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--
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\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''.
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(1) that country is a least developed country; and
(2) either--
(A) an International Monetary Fund standby
agreement is in effect with respect to that
country;
(B) a structural adjustment program of the
International Bank for Reconstruction and
Development or of the International Development
Association is in effect with respect to that
country;
(C) a structural adjustment facility,
enhanced structural adjustment facility, or
similar supervised arrangement with the
International Monetary Fund is in effect with
respect to that country; or
(D) even though such an agreement, program,
facility, or arrangement is not in effect, the
country is pursuing national economic policy
reforms that would promote democratic, market-
oriented, and long term economic development.
(b) Request for Debt Relief by President.--The President may
provide debt relief under subsection (a) only if a notification
is submitted to Congress at least 10 days prior to providing
the debt relief.\130\ Such a notification shall--
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\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\
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\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''.
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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.''.
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(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.
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(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.
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\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''.
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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.
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\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''.
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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)''.
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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''.
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(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''.
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(A) \142\ assist developing countries in
correcting micronutrient dietary deficiencies
among segments of the populations of the
countries; \143\
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\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).
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(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).
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(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\
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\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''.
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(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.
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\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''.
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(d) Termination of Authority.--The authority to carry out
programs \151\ established under this section shall terminate
on September 30, 2007.\152\
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\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''.
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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).
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\153\ 7 U.S.C. 1736g-3. Added by sec. 223 of Public Law 104-127
(110 Stat. 958).
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TITLE V--FARMER-TO-FARMER PROGRAM

SEC. 501.\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.
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(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''.
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(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.
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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.
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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.
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(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
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\159\ Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the
hyphen to ``Inter-American''.
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(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.''.
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(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''.
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(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.
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(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\
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\164\ Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted
``accounts'' after ``Corporation''.
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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.
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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).
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(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''.
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(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''.
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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).
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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.

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.

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

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.

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.
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\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''.
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(b) \7\ Facilities and Services.--A portion of such export
credit guarantees shall be made available \8\ for--
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\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''.
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(1) the establishment or improvement of facilities,
or
(2) the provision of services or United States
produced goods,
in emerging markets \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--
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\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.
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(A) projects that encourage the
privatizations of the agricultural sector or
that benefit private farms or cooperatives in
emerging markets; and
(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''.
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(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:
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\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''.
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(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.
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\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''.
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(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)--
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\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''.
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(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\
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\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''.
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(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\
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\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).
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(E) Reports to secretary.--A team that
receives assistance under subparagraph (B)
shall prepare such reports as the Secretary may
designate.
(F) \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.
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(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''.
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(B) Implementation.--The Secretary shall draw
on the Department of Agriculture's experience
to design, implement, and evaluate, on a cost-
sharing basis with cooperating agricultural
institutions, a program to--
(i) compile, through contacts with
the governments \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.
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\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 * * *)''.
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(b) Description of Restrictions Waived.--The provisions of
law made inapplicable by subsection (a) are any other
provisions of law that would otherwise restrict the use of
economic assistance funds with respect to the production,
processing, or marketing of agricultural commodities (or the
products thereof) or other products, including sections 521,
546, and 547 (but excluding section 510) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, and comparable provisions of
subsequent Acts appropriating funds for foreign operations,
export financing, and related programs.
(c) Definition of Economic Assistance.--As used in this
section, the term ``economic assistance'' means assistance
under chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 and following; relating to development
assistance) and assistance under chapter 4 of part II of that
Act (22 U.S.C. 2346 and following; relating to the economic
support fund).
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\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.
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\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.
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(b) Precedence in Promotion.--The Director of Personnel of
the Foreign Agricultural Service shall instruct promotion
panels to take account of language ability and, all criteria
for promotion otherwise being equal, to give precedence in
promotions to officers who have achieved at least the General
Professional Speaking Proficiency level in 1 or more foreign
languages over officers who lack that level of proficiency.

SEC. 1557.\46\ REPORTING REQUIREMENTS RELATING TO TOBACCO. * * *
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\46\ Sec. 1557 amended the Tobacco Adjustment Act of 1983 at 7
U.S.C. 509.
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SEC. 1558.\47\ * * * [REPEALED--1996]
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\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\

* * * * * * *
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\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]
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\1\ Sec. 1161(a)(2) of Public Law 101-624 (Food, Agriculture,
Conservation, and Trade Act of 1990; 104 Stat. 3520) repealed sec.
107F. Sec. 107F had provided for a program, applicable to any of the
1986 through 1990 crops of wheat or feed grains, to provide incentives
for the export of wheat and feed grains from private stocks.
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* * * * * * *

international emergency food reserve

Sec. 111.\2\ The President is encouraged to enter into
negotiations with other nations to develop an international
system of food reserves to provide for humanitarian food relief
needs and to establish and maintain a food reserve, as a
contribution of the United States toward the development of
such a system, to be made available in the event of food
emergencies in foreign countries. The reserves shall be known
as the International Emergency Food Reserve.''.
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\2\ 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]
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\3\ Formerly at 7 U.S.C. 1445h. Sec. 113, relating to supplemental
set-aside and acreage limitation authority, was repealed by sec.
171(b)(2)(F) of Public Law 104-127 (110 Stat. 938).
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* * * * * * *
Sec. 416.\4\ (a) \5\ In order to prevent the waste of
commodities whether private stocks \6\ or acquired through
price-support operations by Commodity Credit Corporation before
they can be disposed of in normal domestic channels without
impairment of the price-support program or sold abroad at
competitive world prices, the Commodity Credit Corporation is
authorized, on such terms and under such regulations as the
Secretary of Agriculture may deem in the public interest: (1)
upon application, to make such commodities available to any
Federal agency for use in making payment for commodities not
produced in the United States; (2) to barter or exchange such
commodities for strategic or other materials as authorized by
law; (3) in the case of food commodities to donate such
commodities to the Bureau of Indian Affairs and to such State,
Federal, or private agency or agencies as may be designated by
the proper State or Federal authority and approved by the
Secretary, for use in the United States in nonprofit school-
lunch programs, in nonprofit summer camps for children,\7\ in
the assistance of needy persons, and in charitable
institutions, including hospitals, to the extent that needy
persons are served.\8\ In the case of clause (3) the Secretary
shall obtain such assurance as he deems necessary that the
recipients thereof will not diminish their normal expenditures
for food by reason of such donation. In order to facilitate the
appropriate disposal of such commodities, the Secretary may
from time to time estimate and announce the quantity of such
commodities which he anticipates will become available for
distribution under clause (3). The Commodity Credit Corporation
may pay, with respect to commodities disposed of under this
section, reprocessing, packaging, transporting, handling, and
other charges accruing up to the time of their delivery to a
Federal agency, or to the designated State or private agency.
In addition, in the case of food commodities disposed of under
this section, the Commodity Credit Corporation may pay the cost
of processing such commodities into a form suitable for home or
institutional use, such processing to be accomplished through
private trade facilities to the greatest extent possible.\9\
For the purpose of this section the terms ``State'' and
``United States'' include the District of Columbia and any
Territory or possession of the United States. Dairy products
acquired by the Commodity Credit Corporation through price
support operations may, insofar as they can be used in the
United States in nonprofit school lunch and other nonprofit
child feeding programs, in the assistance of needy persons, and
in charitable institutions, including hospitals and facilities,
to the extent that they serve needy persons (including infants
and children),\10\ be donated for any such use prior to any
other use or disposition.\11\ Notwithstanding any other
provision of law, such dairy products may be donated for
distribution to needy households in the United States and to
meet the needs of persons receiving nutrition assistance under
the Older Americans Act of 1965.\12\
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\4\ 7 U.S.C. 1431. Sec. 302 of Public Law 83-480 (68 Stat. 458)
comprehensively amended and restated sec. 416.
Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
3349), provided the following:
---------------------------------------------------------------------------

``sec. 703. assistance for private voluntary organizations.
---------------------------------------------------------------------------

``(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).
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(b) \5\^, \13\ (1) The Secretary, subject to the
requirements of paragraph (10), may furnish eligible
commodities for carrying out programs of assistance in
developing countries and friendly countries under titles II and
III \14\ of the Agricultural Trade Development and Assistance
Act of 1954 and under the Food for Progress Act of 1985, as
approved by the Secretary, and for such purposes as are
approved by the Secretary. To ensure that the furnishing of
commodities under this subsection is coordinated with and
complements other United States foreign assistance, assistance
under this subsection shall be coordinated through the
mechanism designated by the President to coordinate assistance
under the Agricultural Trade Development and Assistance Act of
1954.
---------------------------------------------------------------------------
\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''.
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(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--
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\16\ Sec. 1514(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out ``402(b)''
and inserted in lieu thereof ``403(a)''.
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(I) the receiving country has the absorptive capacity
to use the commodities efficiently and effectively; and
(II) such disposition of the commodities will not
interfere with usual marketings of the United States,
nor disrupt world prices of agricultural commodities
and normal patterns of commercial trade with developing
countries.
(ii) The requirement for safeguarding usual marketings of
the United States shall not be used to prevent the furnishing
under this subsection of any eligible commodity for use in
countries that--
(I) have not traditionally purchased the commodity
from the United States; or
(II) do not have adequate financial resources to
acquire the commodity from the United States through
commercial sources or through concessional sales
arrangements.
(C) The Secretary shall take reasonable precautions to
ensure that--
(i) commodities furnished under this subsection will
not displace or interfere with sales that otherwise
might be made; and
(ii) sales or barter under paragraph (7) will not
unduly disrupt world prices of agricultural commodities
nor normal patterns of commercial trade with friendly
countries.
(D) \17\ If eligible commodities are made available under
this subsection to a friendly country, nonprofit and voluntary
agencies and cooperatives shall also be eligible to receive
commodities for food aid programs in the country.
---------------------------------------------------------------------------
\17\ 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\
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\18\ Sec. 2 of Public Law 100-277 (102 Stat. 67) added the text to
this point beginning with ``In agreements with''.
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(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''.
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(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.
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\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--
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\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''.
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(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\
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\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.''.
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(v) The provisions of clause (iii) of this
subparagraph establishing minimum annual allocations
for sales and use of proceeds shall not apply to the
extent that there have not been sufficient requests for
such sales and use of proceeds nor to the extent
required under paragraph (3).
(E) Sales and barter to cover expenses incurred under
paragraph (5)(a).
(F) \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.
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\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).
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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).
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(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.
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\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''.
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\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.
---------------------------------------------------------------------------

``(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.
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\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)''.
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(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.
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\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).
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(f) \23\ Provision of Eligible Commodities to Developing
Countries.--(1) \24\ The Corporation \14\ may provide for--
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\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).
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(A) grants, or
(B) \25\ sales on credit terms,
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\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''.
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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--
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\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.''.
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(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.
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\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''.
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(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.
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\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).
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(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.
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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(j) \35\ Multicountry or Multiyear Basis.--
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\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.
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(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.
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\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''.
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(2) \40\ Deadline for program announcements.--Before
the beginning of any fiscal year, the President shall,
to the maximum extent practicable--
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\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).
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(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\
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\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''.
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(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.
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\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''.
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(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.
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\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''.
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(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\
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\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''.
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(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--
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\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--
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\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''.
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(1) the sale of eligible commodities,\49\ including
the marketing of eligible commodities \55\ through the
private sector; and
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\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''.
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(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\
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\56\ Sec. 227(8)(C) of Public Law 104-127 (110 Stat. 963) struck
out ``in the independent states'' after ``the use''.
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(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).
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(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)--
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\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).
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(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\
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\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).
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(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\
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\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''.
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(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.
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\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.''.
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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).
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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--
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``(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.''.
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(b) Such sales shall be made through the Commodity Credit
Corporation under existing authority available to the Secretary
or the Commodity Credit Corporation.
(c) Through September 30, 1995,\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\
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\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''.
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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''.
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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.)''.
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(3) Any determination by the President or the Secretary of
Agriculture under this section shall be final.
(e) The funds, facilities, and authorities of the Commodity
Credit Corporation shall be used by the Secretary of
Agriculture in carrying out this section, except that any
restriction applicable to the acquisition, storage, or
disposition of Commodity Credit Corporation owned or controlled
commodities shall not apply with respect to the acquisition,
storage, or disposition of agricultural commodities under this
section.
(f) The Secretary of Agriculture shall establish safeguards
to ensure that stocks of agricultural commodities held in the
reserves established under this section shall not be used in
any manner or under any circumstance to unduly depress,
manipulate, or curtail the free market.
(g) Whenever stocks of agricultural commodities are
disposed of or released from reserves established under this
section, as provided in subsections (c)(2) and (d)(2) of this
section, the reserves may not be replenished with replacement
stocks.
(h) The provisions of this section shall become effective
with respect to any suspension of, or restriction on, the
export of agricultural commodities, as described in subsection
(a) of this section, implemented after the date of enactment of
this Act.

alcohol processor grain reserve

Sec. 209.\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.
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\9\ 7 U.S.C. 4003.
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(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.
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\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''.
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(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.
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\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).
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(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.
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\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.
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(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.
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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''.
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\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).
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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).
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\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''.
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(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''.
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(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\
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\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
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\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''.
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(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\
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\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.
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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''.
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(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).
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(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.

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.
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\6\ 7 U.S.C. 4406.
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assistant secretary of agriculture

Sec. 8.\7\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\7\ Formerly at 7 U.S.C. 2212c. Sec. 218 of the Department of
Agriculture Reorganization Act of 1994 (Public Law 103-354; 108 Stat.
3212) authorized the Secretary of Agriculture to establish Assistant
Secretaries for Congressional Relations, Administration, and Marketing
and Regulatory Programs, and repealed sections in law superseded by
such authorization. See 7 U.S.C. 6918.
---------------------------------------------------------------------------

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.
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SEC. 4702. * * *

SEC. 4703.\2\ FOREIGN PESTICIDE INFORMATION.

(a) Cooperative Agreements.--The Secretary of Health and
Human Services shall enter into cooperative agreements with the
governments of the countries which are the major sources of
food imports into the United States subject to pesticide
residue monitoring by the Food and Drug Administration for the
purpose of improving the ability of the Food and Drug
Administration to assure compliance with the pesticide
tolerance requirements of the Federal Food, Drug, and Cosmetic
Act with regard to imported food.
---------------------------------------------------------------------------
\2\ 21 U.S.C. 1402.
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(b) Information Activities.--
(1) The cooperative agreements entered into under
subsection (a) with governments of foreign countries
shall specify the action to be taken by the parties to
the agreements to accomplish the purpose described in
subsection (a), including the means by which the
governments of the foreign countries will provide to
the Secretary of Health and Human Services current
information identifying each of the pesticides used in
the production, transportation, and storage of food
products imported from production regions of such
countries into the United States.
(2) In the case of a foreign country with which the
Secretary is unable to enter into an agreement under
subsection (a) or for which the information provided
under paragraph (1) is insufficient to assure an
effective pesticide monitoring program, the Secretary
shall, to the extent practicable, obtain the
information described in paragraph (1) with respect to
such country from other Federal or international
agencies or private sources.
(3) The Secretary of Health and Human Services shall
assure that appropriate offices of the Food and Drug
Administration which are engaged in the monitoring of
imported food for pesticide residues receive the
information obtained under paragraph (1) or (2).
(4) The Secretary of Health and Human Services shall
make available any information obtained under paragraph
(1) or (2) to State agencies engaged in the monitoring
of imported food for pesticide residues other than
information obtained from private sources the
disclosure of which to such agencies is restricted.
(c) Coordination With Other Agencies.--The Secretary of
Health and Human Services shall--
(1) notify in writing the Department of Agriculture,
the Environmental Protection Agency, and the Department
of State at the initiation of negotiations with a
foreign country to develop a cooperative agreement
under subsection (a); and
(2) coordinate the activities of the Department of
Health and Human Services with the activities of those
departments and agencies, as appropriate, during the
course of such negotiations.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall report to the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Labor and Human
Resources of the Senate and the House of Representatives on the
activities undertaken by the Secretary to implement this
section. The report shall be made available to appropriate
Federal and State agencies and to interested persons.
* * * * * * *
=======================================================================

C. THE PEACE CORPS

CONTENTS

Page

1. The Peace Corps Act, as amended (Public Law 87-293).......... 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.
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\2\ 22 U.S.C. 2501.
\3\ The subsec. designation ``(a)'' and a new subsec. (b) were
added by sec. 1102(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272).
\4\ 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''.
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(b) \3\ The Congress declares that it is the policy of the
United States and a purpose of the Peace Corps to maintain, to
the maximum extent appropriate and consistent with programmatic
and fiscal considerations, a volunteer corps of at least 10,000
individuals.

peace corps as an independent agency

Sec. 2A.\5\ Effective on the date of the enactment of the
International Security and Development Cooperation Act of 1981,
the Peace Corps shall be an independent agency within the
executive branch and shall not be an agency within the ACTION
Agency, the successor to the ACTION Agency,\6\ or any other
department or agency of the United States.
---------------------------------------------------------------------------
\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).
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(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\
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\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\
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\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.
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\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.
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\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.''.
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(d) \24\ * * * [Repealed--1966]
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\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.
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``(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\
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\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).
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(f) \27\ (1) Any period of satisfactory service of a
volunteer under this Act shall be credited in connection with
subsequent employment in the same manner as a like period of
civilian employment by the United States Government--
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\27\ 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--* * *
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``(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
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\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''.
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(B) except as otherwise determined by the President,
for the purposes of determining seniority, reduction in
force, and layoff rights, leave entitlement, and other
rights and privileges based upon length of service
under the laws administered by the 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.
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\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''.
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(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.
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\30\ Sec. 2(c) of Public Law 88-200 (77 Stat. 359) struck out
``termination payments'' and inserted in lieu thereof ``readjustment
allowances''.
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(g) The President may detail or assign volunteers or
otherwise make them available to any entity referred to in
paragraph (1) of section 10(a) on such terms and conditions as
he may determine: Provided, That not to exceed two hundred
volunteers may be assigned to carry out secretarial or clerical
duties on the staffs of the Peace Corps representatives abroad:
\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.
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\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.
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(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\
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\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.
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(i) The service of a volunteer may be terminated at any
time at the pleasure of the President.
(j) Upon enrollment in the Peace Corps, every volunteer
shall take the oath prescribed for persons appointed to any
office of honor or profit by section 3331 of title 5, United
States Code.\38\
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\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.''.
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(k) \39\ In order to assure that the skills and experience
which former volunteers have derived from their training and
their service abroad are best utilized in the national
interest, the President may, in cooperation with agencies of
the United States, private employers, educational institutions
and other entities of the United States, undertake programs
under which volunteers would be counseled with respect to
opportunities for further education and employment.
---------------------------------------------------------------------------
\39\ Sec. 2(f) of Public Law 88-200 (77 Stat. 360) added subsec.
(k).
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(l) \40\ Notwithstanding any other provision of law,
counsel may be employed and counsel fees, court costs, bail,
and other expenses incident to the defense of volunteers may be
paid in foreign judicial or administrative proceedings to which
volunteers have been made parties.
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\40\ Sec. 2(a) of Public Law 89-572 (80 Stat. 765) added subsec.
(l).
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(m) \41\ The minor children of a volunteer living with the
volunteer may receive--
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\41\ Sec. 3(b) of Public Law 91-352 (84 Stat. 464) added subsecs.
(m) and (n).
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(1) such living, travel, education, and leave
allowances, such housing, transportation, subsistence,
and essential special items of clothing as the
President may determine;
(2) such health care, including health care following
the volunteer's service for illness or injury incurred
during such service, and health and accident insurance,
as the President may determine and upon such terms as
he may determine, including health care in any facility
referred to in subsection (e) of this section, subject
to such conditions as the President may prescribe and
subject to reimbursement of appropriations as provided
in such subsection (e);
(3) such orientation, language, and other training
necessary to accomplish the purposes of this Act as the
President may determine; and
(4) the benefits of subsection (1) of this section on
the same basis as volunteers.
(n) \41\ The costs of packing and unpacking, transportation
to and from a place of storage, and storing the furniture and
household and personal effects of a volunteer who has one or
more minor children at the time of his entering a period of
pre-enrollment training may be paid from the date of his
departure from his place of residence to enter training until
no later than three months after termination of his service.

peace corps volunteer leaders

Sec. 6.\42\ The President may enroll in the Peace Corps
qualified citizens or nationals of the United States whose
services are required for supervisory or other special duties
or responsibilities in connection with programs under this Act
(referred to in this Act as ``volunteer leaders''). The ratio
of the total number of volunteer leaders to the total number of
volunteers in service at any one time shall not exceed one to
twenty-five. Except as otherwise provided in this Act, all of
the provisions of this Act applicable to volunteers shall be
applicable to volunteer leaders, and the term ``volunteers''
shall include ``volunteer leaders'': Provided, however, That--
---------------------------------------------------------------------------
\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\
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\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.
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\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''.
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(2) \49\ The President may utilize such authority contained
in the Foreign Service Act of 1980 relating to members of the
Foreign Service and other United States Government officers and
employees as the President deems necessary to carry out
functions under this Act, except that--
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\49\ 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).
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(A) no Foreign Service appointment or assignment
under this paragraph shall be for a period of more than
seven and one-half years, subject to paragraph (5) and
except as provided in paragraph (6) \50\ and
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\50\ 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.
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(B) no individual whose Foreign Service appointment
or assignment under this paragraph has been terminated
shall be reappointed or reassigned under this paragraph
before the expiration of a period of time equal to the
preceding tour of duty of that individual.
Subparagraphs (A) and (B) do not apply with respect to foreign
national employees.\51\ Such provisions of the Foreign Service
Act of 1980 (other than the provision of section 309) \52\ as
the President deems appropriate shall apply to individuals
appointed or assigned under this paragraph, including in all
cases, the provisions of section 310 of that Act, except that
(i) the President may by regulation make exceptions to the
application of section 310 in cases in which the period of the
appointment or assignment exceeds thirty months, (ii) members
of the Foreign Service appointed or assigned pursuant to this
paragraph shall receive within-class salary increases, in
accordance with such regulations as the President may
prescribe, and (iii) under such regulations as the President
may prescribe, individuals who are to perform duties of a more
routine nature than are generally performed by members of the
Foreign Service assigned to class 9 in the Foreign Service
Schedule may be appointed to an unenumerated class ranking
below class 9 in the Foreign Service Schedule and be paid basic
compensation at rates lower than those for class 9, except that
such rates may be no less than the then applicable minimum wage
rate specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)).
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\51\ 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.
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(3) \53\ The President may specify what additional
allowance authorized by section 5941 of title 5, United States
Code, and which of the allowances and differentials authorized
by sections 5923 through 5925 of such title 5 may be granted to
any person employed, appointed, or assigned under this
subsection and may determine the rates thereof not to exceed
the rates otherwise granted to employees under the sections of
title 5, United States Code, referred to in this paragraph.
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\53\ As amended and restated by sec. 5 of Public Law 91-352 (84
Stat. 465). Previously amended by sec. 4(b)(4) of Public Law 89-134 (79
Stat. 550).
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(4) \54\ An individual who has received an appointment or
assignment in the Foreign Service under this subsection may,
not later than September 30, 1982, or three years after
separation from such appointment or assignment, whichever is
later, be appointed to a position in any United States
department, agency, or establishment--
---------------------------------------------------------------------------
\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.
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(A) in the competitive service under title 5, United
States Code, without competitive examination and in
accordance with such regulations and conditions
consistent with this subsection as may be prescribed by
the Director of the Office of Personnel Management, or
(B) in an established merit system in the excepted
service, if such individual \55\ (i) served
satisfactorily under the authority of this subsection,
as certified by the President, for not less than
thirty-six months on a continuous basis without a break
in service of more than three days,\56\ and (ii) is
qualified for the position in question.
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\55\ 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,''.
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(5) \57\ Except as provided in paragraph (6), the Director
of the Peace Corps may make appointments or assignments of
United States citizens under paragraph (2) for periods of more
than five years only in the case of individuals whose
performance as employees of the Peace Corps has been
exceptional and only in order to achieve one or more of the
following purposes:
---------------------------------------------------------------------------
\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]
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\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.
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(c) \59\ In each country or area in which volunteers serve
abroad, the President may appoint an employee or a volunteer as
a Peace Corps representative to have direction of other
employees of the Peace Corps abroad and to oversee the
activities carried on under this Act in such country or area.
Unless a representative is a volunteer, the compensation,
allowances and benefits, and other terms and conditions of
service of each such representative, shall be the same as those
of a person appointed or assigned pursuant to paragraph (1) or
(2) of subsection (a) of this section, except that any such
representative may, notwithstanding any provision of law, be
removed by the President in his discretion.
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\59\ Sec. 4(d) of Public Law 89-134 (79 Stat. 549) amended subsec.
(c) by substituting ``(c)'' for ``(e)'' and ``(a)'' for ``(c)''.
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volunteer training

Sec. 8.\60\ (a) The President shall make provision for such
training as he deems appropriate for each applicant for
enrollment as a volunteer and each enrolled volunteer. All of
the provisions of this Act applicable respectively to
volunteers and volunteer leaders shall be applicable to
applicants for enrollment as such during any period of training
occurring prior to enrollment, and the respective terms
``volunteers'' and ``volunteer leaders'' shall include such
applicants during any such period of training.
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\60\ 22 U.S.C. 2507. Sec. 904 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3356) repealed subsec. (c) of sec. 8. It
previously read as follows:
``(c) Training hereinabove provided for, shall include instruction
in the philosophy, strategy, tactics, and menace of communism.''.
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(b) The President may also make provision, on the basis of
advances of funds or reimbursement to the United States, for
training for citizens of the United States, other than those
referred to in subsection (a) of this section, who have been
selected for service abroad in programs not carried out under
authority of this Act which are similar to those authorized by
this Act. The provisions of section 9 of this Act shall apply,
on a similar advance of funds or a reimbursement basis, with
respect to persons while within the United States for training
under authority of this subsection. Advances or reimbursements
received under this subsection may be credited to the current
applicable appropriation, fund, or account and shall be
available for the purposes for which such appropriation, fund,
or account is authorized to be used.

participation of foreign nationals

Sec. 9.\61\ In order to provide for assistance by foreign
nationals in the training of volunteers, and to permit
effective implementation of Peace Corps projects with due
regard for the desirability of cost-sharing arrangements, where
appropriate, the President may make provision for
transportation, housing, subsistence, or per diem in lieu
thereof, and health care or health and accident insurance for
foreign nationals engaged in activities authorized by this Act
while they are away from their homes, without regard to the
provisions of any other law: Provided, however, That per diem
in lieu of subsistence furnished to such persons shall not be
at rates higher than those prescribed by the Secretary of State
pursuant to section 12 of Public Law 84-855 \62\ (70 Stat.
890). Such persons, and persons coming to the United States
under contract pursuant to section 10(a)(5), may be admitted to
the United States, if otherwise qualified, as nonimmigrants
under section 101(a)(15) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)) for such time and under such conditions
as may be prescribed by regulations promulgated by the
Secretary of State and the Attorney General. A person admitted
under this section who fails to maintain the status under which
he was admitted or who fails to depart from the United States
at the expiration of the time for which he was admitted, or who
engages in activities of a political nature detrimental to the
interests of the United States, or in activities not consistent
with the security of the United States, shall, upon the warrant
of the Attorney General, be taken into custody and promptly
removed pursuant to chapter 4 of title II of the Immigration
and Nationality Act \62\ proceedings under this section shall
be summary and the findings of the Attorney General as to
matters of fact shall be conclusive.
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\61\ 22 U.S.C. 2508.
\62\ Sec. 308(e)(18) of Public Law 104-208 (110 Stat. 3009) struck
out ``deported pursuant to sections 241, 242, and 243 of the
Immigration and Nationality Act. Deportation'' and inserted in lieu
thereof ``removed pursuant to chapter 4 of title II of the Immigration
and Nationality Act''.
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general powers and authorities

Sec. 10.\63\ (a) In the furtherance of the purposes of this
Act, the President may--
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\63\ 22 U.S.C. 2509.
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(1) enter into, perform, and modify contracts and
agreements and otherwise cooperate with any agency of
the United States Government or of any State or any
subdivision thereof, other governments and departments
and agencies thereof, and educational institutions,
voluntary agencies, farm organizations, labor unions,
and other organizations, individuals and firms;
(2) assign volunteers in special cases to temporary
duty with international organizations and agencies when
the Secretary of State determines that such assignment
would serve the purposes of this Act; \64\
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\64\ 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.
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(3) \65\ assign volunteers to duty or otherwise make
them available to any entity referred to in paragraph
(1), in order to assist such organizations and agencies
in providing development or other relief assistance to
displaced persons and refugees in any country, if the
government of the country agrees to such assignment;
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\65\ Sec. 5(c) of Public Law 95-331 (92 Stat. 415) added para. (3)
and redesignated former paras. (3) and (4) as paras. (4) and (5),
respectively.
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(4) \65\ accept in the name of the Peace Corps and
employ or transfer in furtherance of the purposes of
this Act (A) voluntary services notwithstanding the
provisions of 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
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\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''.
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(5) \65\ contract with individuals for personal
services abroad, and with aliens (abroad or within the
United States) for personal services within the United
States: Provided, That no such person shall be deemed
an officer or employee or otherwise in the service or
employment of the United States Government for any
purpose.
(b) Notwithstanding any other provision of law, whenever
the President determines that it will further the purposes of
this Act, the President, under such regulations as he may
prescribe, may settle and pay, in an amount not exceeding
$20,000,\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.
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\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).
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(c) Subject to any future action of the Congress, a
contract or agreement which entails commitments for the
expenditure of funds available for the purposes of this Act,
including commitments for the purpose of paying or providing
for allowances and other benefits of volunteers authorized by
sections 5 and 6 of this Act, may extend at any time for not
more than five years.\69\
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\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''.
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(d) Whenever the President determines it to be in
furtherance of the purposes of this Act, functions authorized
by this Act may be performed without regard to such provisions
of law (other than section 3709 of the Revised Statutes of the
United States, as amended, section 302 of the Federal Property
and Administrative Services Act of 1949, and the Renegotiation
Act of 1951, as amended) \70\ regulating the making,
performance, amendment, or modification of contracts, and the
expenditure of Government funds as the President may specify.
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\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.
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(e) The President may allocate or transfer to any agency of
the United States Government any funds available for carrying
out the purposes of this Act including any advance received by
the United States from any country or international
organization under authority of this Act, but not to exceed 20
per centum in the aggregate of such funds may be allocated or
transferred to agencies other than the Peace Corps. Such funds
shall be available for obligation and expenditure for the
purposes of this Act in accordance with authority granted in
this Act or under authority governing the activities of the
agencies of the United States Government to which such funds
are allocated or transferred.
(f) Any officer of the United States Government carrying
out functions under this Act may utilize the services and
facilities of, or procure commodities from, any agency of the
United States Government as the President shall direct, or with
the consent of the head of such agency, and funds allocated
pursuant to this subsection to any such agency may be
established in separate appropriation accounts on the books of
the Treasury.
(g) In the case of any commodity, service, or facility
procured from any agency of the United States Government under
this Act, reimbursement or payment shall be made to such agency
from funds available under this Act. Such reimbursement or
payment shall be at replacement cost, or, if required by law,
at actual cost, or at any other price authorized by law and
agreed to by the owning or disposing agency. The amount of any
such reimbursement or payment shall be credited to current
applicable appropriations, funds, or accounts from which there
may be procured replacements of similar commodities, services,
or facilities, except that where such appropriations, funds, or
accounts are not reimbursable except by reason of this
subsection, and when the owning or disposing agency determines
that such replacement is not necessary, any funds received in
payment therefor shall be covered into the Treasury as
miscellaneous receipts.
(h) \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.
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\71\ Sec. 5(a)(3) of Public Law 95-331 (92 Stat. 414) added subsec.
(h).
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(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.
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\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).
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(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.
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\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''.
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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--
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\74\ 22 U.S.C. 2510.
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(1) a description of the purpose and scope of any
development project which the Peace Corps undertook
during the preceding fiscal year as a joint venture
with any such international or host country voluntary
service organizations; and
(2) recommendations for improving coordination of
development projects between the Peace Corps and any
such international or host country voluntary service
organizations.\75\
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\75\ This sentence was added by sec. 6 of Public Law 95-331 (92
Stat. 415).
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The President shall also include in the report a
description of any plans to carry out the policy set forth in
section 2(b) of this Act.\76\
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\76\ Sec. 1102(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 272) added this
section.
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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.
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\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.
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(b) Functions.--(1) The Council shall advise and consult
with the President and the Director of the Peace Corps with
regard to policies and programs designed to further the
purposes of this Act and shall, as the Council considers
appropriate, periodically report to the Congress with regard to
the Peace Corps.
(2) Members of the Council shall (subject to subsection
(d)(1)) conduct on-site inspections, and make examinations, of
the activities of the Peace Corps in the United States and in
other countries in order to--
(A) evaluate the accomplishments of the Peace Corps;
(B) assess the potential capabilities and the future
role of the Peace Corps;
(C) make recommendations to the President, the
Director of the Peace Corps, and, as the Council
considers appropriate, the Congress, for the purpose of
guiding the future direction of the Peace Corps and of
helping to ensure that the purposes and programs of the
Peace Corps are carried out in ways that are
economical, efficient, responsive to changing needs in
developing countries and to changing relationships
among people, and in accordance with law; and
(D) make such other evaluations, assessments, and
recommendations as the Council considers appropriate.
(3) The Council may provide for public participation in its
activities.
(c) Membership.--(1) Persons appointed as members of the
Council shall be broadly representative of the general public,
including educational institutions, private volunteer agencies,
private industry, farm organizations, labor unions, different
regions of the United States, different educational, economic,
racial, and national backgrounds and age groupings, and both
sexes.
(2)(A) The Council shall consist of fifteen voting members
who shall be appointed by the President, by and with the advice
and consent of the Senate. At least seven of such members shall
be former Peace Corps volunteers, and not more than eight of
such members shall be members of the same political party.
(B) The first appointments of members of the Council under
this paragraph shall be made not more than sixty days after the
date of the enactment of this section and, solely for purposes
of determining the expiration of their terms, shall be deemed
to take effect on the sixtieth day after such date of
enactment.
(C) No member appointed under this paragraph may be an
officer or employee of the United States Government.
(D) Of the members initially appointed under this
paragraph, eight shall be appointed to 1-year terms and seven
shall be appointed to 2-year terms. Thereafter, all appointed
members shall be appointed to 2-year terms.
(E) A member of the Council appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(F) No member of the Council may serve for more than two
consecutive 2-year terms.
(G) Members of the Council shall serve at the pleasure of
the President.
(H) An appointed member of the Council may be removed by a
vote of nine members for malfeasance in office, for persistent
neglect of or inability to discharge duties, or for offenses
involving moral turpitude, and for no other cause.
(I) Within thirty days after any vacancy occurs in the
office of an appointed member of the Council, the President
shall nominate an individual to fill the vacancy.
(3) In addition to the voting members of the Council, the
Secretary of State and the Administrator of the Agency for
International Development, or their designees, and the Director
and Deputy Director of the Peace Corps, shall be non-voting
members, ex officio, of the Council.
(d) Compensation.--(1) Except as provided in paragraph (2),
a member of the Council who is not an officer or employee of
the United States Government--
(A) shall be paid compensation out of funds made
available for the purposes of this Act at the daily
equivalent of the highest rate payable under section
5332 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the actual performance of duties as a
Council member, and
(B) while away from his or her home or regular place
of business on necessary travel, as determined by the
Director of the Peace Corps, in the actual performance
of duties as a Council member, shall be paid per diem,
travel, and transportation expenses in the same manner
as is provided under subchapter I of chapter 57 of
title 5, United States Code.
(2) A member of the Council may not be paid compensation
under paragraph (1)(A) for more than twenty days in any
calendar year.
(e) Quorum.--A majority of the voting members of the
Council shall constitute a quorum for the purposes of
transacting any business.
(f) Financial Interests of Members.--A member of the
Council shall disclose to the Council the existence of any
direct or indirect financial interest of that member in any
particular matter before the Council and may not vote or
otherwise participate as a Council member with respect to that
particular matter.
(g) Chair and Vice Chair.--At its first meeting and at its
first regular meeting in each calendar year thereafter, the
Council shall elect a Chair and Vice Chair from among its
appointed members who are citizens of the United States. The
Chair and Vice Chair may not both be members of the same
political party.
(h) Meetings, Bylaws, and Regulations.--(1) The Council
shall hold a regular meeting during each calendar quarter and
shall meet at the call of the President, the Director of the
Peace Corps, the Council's Chair, or one-fourth of its members.
(2) The Council shall prescribe such bylaws and regulations
as it considers necessary to carry out its functions. Such
bylaws and regulations shall include procedures for fixing the
time and place of meetings, giving or waiving of notice of
meetings, and keeping of minutes of meetings.
(i) Reports to the President and the Director.--Not later
than January 1, 1988, and not later than January 1 of each
second year thereafter, the Council shall submit to the
President and the Director of the Peace Corps a report on its
views on the programs and activities of the Peace Corps. Each
report shall contain a summary of the advice and
recommendations provided by the Council to the President and
the Director during the period covered by the report and such
recommendations (including recommendations for administrative
or legislative action) as the Council considers appropriate to
make to the Congress. Within ninety days after receiving each
such report, the President shall submit to the Congress a copy
of the report, together with any comments concerning the report
that the President or the Director considers appropriate.
(j) Administrative Assistance.--The Director of the Peace
Corps shall make available to the Council such personnel,
administrative support services, and technical assistance as
are necessary to carry out its functions effectively.

experts and consultants

Sec. 13.\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.
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\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''.
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(b) Service of an individual as a member of the Council
authorized to be established by section 12 of this Act or as an
expert or consultant under subsection (a) of this section shall
not \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\
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\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.
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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.
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\84\ 22 U.S.C. 2513.
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(b) Any such officer or employee, while so detailed or
assigned, shall be considered, for the purpose of preserving
his allowances, privileges, rights, seniority, and other
benefits as such, an officer or employee of the United States
Government and of the agency of the United States Government
from which detailed or assigned, and he shall continue to
receive compensation, allowances, and benefits from funds
authorized by this Act. He may also receive, under such
regulations as the President may prescribe, representation
allowances similar to those allowed under section 905 of the
Foreign Service Act of 1980.\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.
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\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''.
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(c) Details or assignments may be made under this section--
(1) without reimbursement to the United States
Government, by the international organization or
foreign government;
(2) upon agreement by the international organization
or foreign government to reimburse the United States
Government for compensation, travel expenses, and
allowances, or any part thereof, payable to such
officer or employee during the period of assignment or
detail in accordance with subsection (b) of this
section; and such reimbursement shall be credited to
the appropriation, fund, or account utilized for paying
such compensation, travel expenses, or allowances, or
to the appropriation, fund, or account currently
available for such purpose; or
(3) upon an advance of funds, property or services to
the United States Government accepted with the approval
of the President for specified uses in furtherance of
the purposes of this Act; and funds so advanced may be
established as a separate fund in the Treasury of the
United States Government, to be available for the
specified uses, and to be used for reimbursement of
appropriations or direct expenditure subject to the
provisions of this Act, any unexpended balance of such
account to be returned to the foreign government or
international organization.

utilization of funds

Sec. 15.\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.
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\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''.
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(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.
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\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).
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(c) Funds available under this Act may be used to pay costs
of training employees employed or assigned pursuant to section
7(a)(2) \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.
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\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''.
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(d) Funds available for the purposes of this Act shall be
available for--
(1) rent of buildings and space in buildings in the
United States, and for repair, alteration, and
improvement of such leased properties;
(2) expenses of attendance at meetings concerned with
the purposes of this Act, including (notwithstanding
the provisions of section 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;
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\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''.
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(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;
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\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)''.
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(5) entertainment (not to exceed $5,000 in any fiscal
year) except as may otherwise be provided in any
appropriation or other Act; \95\
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\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.
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(6) exchange of funds \96\ and loss by exchange;
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\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''.
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(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;
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\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).
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(8) insurance of official motor vehicles acquired for
use abroad;
(9) rent or lease abroad for not to exceed five years
of offices, health facilities, buildings, grounds, and
living quarters, and payments therefor in advance;
maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made
available for its use abroad; and costs of fuel, water,
and utilities for such properties;
(10) expenses of preparing and transporting to their
former homes, or with respect to foreign participants
engaged in activities under this Act, to their former
homes or places of burial, and of care and disposition
of, the remains of persons or members of the families
of persons who may die while such persons are away from
their homes participating in activities under this Act;
(11) use in accordance with authorities of the
Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)
\98\ not otherwise provided for;
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\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.)''.
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(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.
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\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).
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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.
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\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.''.
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(2) Funds in the account may be transferred, upon the
certification of the Director of the Peace Corps (or the
Director's designee) that the transfer is necessary for the
purpose specified in paragraph (1), to the account containing
funds appropriated for the expenses of the Peace Corps.
(b) Use of Funds in the Account.--Funds transferred under
subsection (a) shall be merged with, and be available for the
same time period, as the appropriation to which they are
applied. Notwithstanding any provision of law limiting the
amount of funds the Peace Corps may obligate in any fiscal
year, such amount shall be increased to the extent necessary to
reflect fluctuations in exchange rates from those used in
preparing the budget submission.
(c) Exchange Rates Applicable to Obligations.--An
obligation of the Peace Corps payable in the currency of a
foreign country may be recorded as an obligation based upon
exchange rates used in preparing a budget submission. A change
reflecting fluctuations in exchange rates may be recorded as a
disbursement is made.
(d) Transfers Back to Account.--Funds transferred from the
Foreign Currency Fluctuations, Peace Corps, Account may be
transferred back to that account--
(1) if the funds are not needed to pay obligations
incurred because of fluctuations in currency exchange
rates of foreign countries in the appropriation to
which the funds were originally transferred; or
(2) because of subsequent favorable fluctuations in
the rates or because other funds are, or become,
available to pay such obligations.
(e) Limitation on Transfers Back.--A transfer of funds back
to the account under subsection (d) may not be made after the
end of the fiscal year or other period for which the
appropriation, to which the funds were originally transferred,
is available for obligation.
(f) Transfers to the Account From Regular Appropriations.--
(1) At the end of the fiscal year or other period for which
appropriations for the expenses of the Peace Corps are made
available, unobligated balances of such appropriation may be
transferred into the Foreign Currency Fluctuations, Peace
Corps, Account, to be merged with, and to be available for the
same period and purposes as, that account.
(2) The authority of this subsection shall be exercised
only to the extent that specific amounts are provided in
advance in an appropriation Act.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Foreign Currency Fluctuations, Peace
Corps, Account for each fiscal year such sums as may be
necessary to maintain a balance of $5,000,000 in such account
at the beginning of such fiscal year.
(h) Reports.--Each year the Director of the Peace Corps
shall submit to the Committee on Foreign Affairs \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.
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\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.
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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.
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\102\ 22 U.S.C. 2516.
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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.
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\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.--
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``(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.''.
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Sec. 603 of the Assistance for International Malaria Control Act
(Public Law 106-570; 114 Stat. 3052) provided the following:
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``sec. 603. designation of paul d. coverdell world wise schools program.
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``(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.
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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.
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\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).
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(b)(1) The use of the official seal or emblem and the use
of the name ``Peace Corps'' shall be restricted exclusively to
designate programs authorized under this Act.
(2) Whoever, whether an individual, partnership,
corporation, or association, uses the seal for which provision
is made in this section, of any sign, insignia, or symbol in
colorable imitation thereof, or the words ``Peace Corps'' or
any combination of these or other words or characters, in
colorable imitation thereof, other than to designate programs
authorized under this Act, shall be fined not more than $500 or
imprisoned not more than six months, or both. A violation of
this subsection may be enjoined at the suit of the Attorney
General, United States attorneys, or other persons duly
authorized to represent the United States.

moratorium on student loans

Sec. 20.\105\ * * * [Repealed--1966]
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\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.
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amendment to civil service retirement act

Sec. 21.\106\ * * * [Repealed--1966]
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\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.
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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.
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\107\ 22 U.S.C. 2519.
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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.
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\108\ 22 U.S.C. 2520.
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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.
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\109\ 22 U.S.C. 2521.
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nonpartisan appointments

Sec. 25.\110\ In carrying out this Act, no political test
or political qualification may be used in--
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\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.
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(1) selecting any person for enrollment as a
volunteer or for appointment to a position at, or for
assignment to (or for employment for assignment to), a
duty station located abroad, or
(2) promoting or taking any other action with respect
to any volunteer or any person assigned to such a duty
station.

definitions

Sec. 26.\110\^, \111\ (a) The term ``abroad''
means any area outside the United States.
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\111\ 22 U.S.C. 2522.
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(b) The term of ``United States'' means the several States
\112\ and the District of Columbia.
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\112\ Sec. 4 of Public Law 89-572 (80 Stat. 765) struck out ``and
territories'' at this point.
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(c) The term ``function'' includes any duty, obligation,
right, power, authority, responsibility, privilege, discretion,
activity and program.
(d) The term ``health care'' includes all appropriate
examinations, preventive, curative, and restorative health and
medical care, and supplementary services when necessary.
(e) For the purposes of this or any other Act, the period
of any individual's service as a volunteer under this Act shall
include--
(i) except for the purposes of section 5(f) of this
Act, any period of training under section 8(a) prior to
enrollment as a volunteer under this Act; and
(ii) the period between enrollment as a volunteer and
the termination of service as such volunteer by the
President or by death or resignation.
(f) The term ``United States Government agency'' includes
any department, board, wholly or partly owned corporation, or
instrumentality, commission, or establishment of the United
States Government.
(g) The word ``transportation'' in sections 5(b), 5(m), and
6(2) includes transportation of not to exceed three hundred
pounds per person of unaccompanied necessary personal and
household effects.

construction

Sec. 27.\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.
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\113\ 22 U.S.C. 2523.
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effective date

Sec. 28.\110\^, \114\ This Act shall take effect
on the date of its enactment.
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\114\ 22 U.S.C. 2501 note.
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TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

taxation of allowances

Sec. 201.\115\ * * * [Repealed--1966]
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\115\ Repealed by Public Law 89-572.
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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.
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\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.''.
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(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--
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\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.''.
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(A) furnishing technical assistance, materials,
tools, supplies, and training appropriate to the
support of volunteer programs in such countries or
areas; and
(B) conducting demonstration projects in such
countries or areas.
None of the funds made available to carry out the purposes of
clauses (1) and (2) of subsection (a) may be used to pay the
administrative costs of any program or project, other than a
demonstration project, or to assist any program or project of a
paramilitary or military nature. Funds allocated for activities
set forth in this paragraph should be kept to a minimum so that
such allocation will not be detrimental to other Peace Corps
programs and activities.
(2) \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.
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\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.
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(c) Such activities shall not compromise the national
character of the Peace Corps.
2. Establishment of the Peace Corps as an Independent Agency

Partial text of Public Law 97-113 [International Security and
Development Cooperation Act of 1981; S. 1196], 95 Stat. 1519 at 1540,
approved December 29, 1981

* * * * * * *

TITLE VI--PEACE CORPS

establishment as an independent agency

Sec. 601. (a) \1\ * * *
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\1\ Subsec. (a) added a new sec. 2A to the Peace Corps Act
establishing the Peace Corps as an independent agency.
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(b) \2\ There are transferred to the Director of the Peace
Corps all functions relating to the Peace Corps which were
vested in the Director of the ACTION Agency on the day before
the date of the enactment of this Act.
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\2\ 22 U.S.C. 2501-1 note.
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(c)(1) \2\ All personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds as are determined
by the Director of the Office of Management and Budget, after
consultation with the Comptroller General of the United States,
the Director of the Peace Corps, and the Director of the ACTION
Agency, to be employed, held, used, or assumed primarily in
connection with any function relating to the Peace Corps before
the date of the enactment of this Act are transferred to the
Peace Corps. The transfer of unexpended balances pursuant to
the preceding sentence shall be subject to section 202 of the
Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c).
(2)(A) The transfer pursuant to this subsection of full-
time personnel (except special Government employees) and part-
time personnel holding permanent positions shall not cause any
employee to be separated or reduced in rank, class, grade, or
compensation, or otherwise suffer a loss of employment benefits
for one year after--
(i) the date on which the Director of the Office of
Management and Budget submits the report required by
subsection (f)(1) of this section, or
(ii) the effective date of the transfer of such
employee,
whichever occurs later.
(B) The personnel transferred pursuant to this subsection
shall, to the maximum extent feasible, be assigned to such
related functions and organizational units in the Peace Corps
as such personnel were assigned to immediately before the date
of the enactment of this Act.
(C) Collective-bargaining agreements in effect on the date
of the enactment of this Act covering personnel transferred
pursuant to this subsection or employed on such date of
enactment by the Peace Corps shall continue to be recognized by
the Peace Corps until the termination date of such agreements
or until such agreements are modified in accordance with
applicable procedures.
(3) Under such regulations as the President may prescribe,
each person who, immediately before the date of the enactment
of this Act, does not hold an appointment under section 7(a)(2)
of the Peace Corps Act and who is determined under paragraph
(1) of this subsection to be employed primarily in connection
with any function relating to the Peace Corps shall, effective
on the date of the enactment of this Act, and notwithstanding
subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be
appointed a member of the Foreign Service under section 7(a)(2)
of the Peace Corps Act, and be appointed or assigned to an
appropriate class of the Foreign Service, except that--
(A) any person who, immediately before such date of
enactment, holds a career or career-conditional
appointment shall not, without the consent of such
person, be so appointed until three years after such
date of enactment, during which period any such person
not consenting to be so appointed may continue to hold
such career or career-conditional appointment; and
(B) each person so appointed who, immediately before
such date of enactment, held a career or career-
conditional appointment at grade GS-8 or lower of the
General Schedule established by section 5332 of title
5, United States Code, shall be appointed a member of
the Foreign Service for the duration of operations
under the Peace Corps Act.
Each person appointed under this paragraph shall receive basic
compensation at the rate of such person's class determined by
the President to be appropriate, except that the rate of basic
compensation received by such person immediately before the
effective date of such person's appointment under this
paragraph shall not be reduced as a result of the provisions of
this paragraph.
(d)(1) \3\ * * *
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\3\ Subsec. (d)(1) amended sec. 4(b) of the Peace Corps Act.
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(2) \4\ The Director of the Peace Corps shall continue to
exercise all the functions under the Peace Corps Act or any
other law or authority which the Director was performing on
December 14, 1981.
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\4\ 22 U.S.C. 2503 note.
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(e)(1) \5\ * * *
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\5\ Subsec. (e)(1) amended sec. 3 of the Peace Corps Act.
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(2) \6\ The amendment made by paragraph (1) of this
subsection shall not alter or affect (A) the validity of any
action taken before the date of the enactment of this Act under
those provisions of law repealed by that amendment, or (B) the
liability of any person for any payment described in section
3(f) of the Peace Corps Act as in effect immediately before the
date of the enactment of this Act.
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\6\ 22 U.S.C. 2502 note. 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.
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(f)(1) Not later than the thirtieth day after the date of
the enactment of this Act, or February 15, 1982, whichever
occurs later, the Director of the Office of Management and
Budget, after consultation with the Director of the Peace Corps
and the Director of the ACTION Agency, shall submit to the
appropriate committees of the Congress and to the Comptroller
General a report on the steps taken to implement the provisions
of this title, including descriptions of the dispositions of
administrative matters, including matters relating to
personnel, assets, liabilities, contracts, property, records,
and unexpended balances or appropriations, authorizations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with functions or
activities relating to the Peace Corps.
(2) Not later than the forty-fifth day after the date of
the enactment of this Act, or March 1, 1982, whichever occurs
later, the Comptroller General shall submit to the appropriate
committees of the Congress a report stating whether, in the
judgment of the Comptroller General, determinations made by the
Director of the Office of Management and Budget under
subsection (c)(1) of this section were equitable.
(g) \2\ References in any statute, reorganization plan,
Executive order, regulation, or other official document or
proceeding to the ACTION Agency or the Director of the ACTION
Agency with respect to functions or activities relating to the
Peace Corps shall be deemed to refer to the Peace Corps or the
Director of the Peace Corps, respectively.
* * * * * * *

restoration of certain authorities formerly contained in the foreign
service act

Sec. 604.\7\ (a) * * *
---------------------------------------------------------------------------
\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)).
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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
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\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

---------- _

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

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

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.

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 (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

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)

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.

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)

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

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

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

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

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

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

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

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

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.

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

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.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)

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

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.

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

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

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