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


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                  COMMITTEE ON INTERNATIONAL RELATIONS


 
                     COMMITTEE ON FOREIGN RELATIONS

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


        Legislation on
        Foreign Relations
        Through 2005

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                     


                         JOINT COMMITTEE PRINT

                               APRIL 2006


                               VOLUME I-B

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS


                     U.S. House of Representatives

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

_______________________________________________________________________

 For sale by the Superintendent of Documents, U.S. Government Printing 
                                 Office
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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)

  
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                                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 [email protected].

                                  (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

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

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

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

                                 (vii)

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


                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

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

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

      
     1. Other Foreign Assistance Related Legislation and Materials

                       a. Policy Toward Iraq \1\

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

Partial text of Public Law 108-11 [H.R. 1559], 117 Stat. 559, approved 
 April 16, 2003; amended by Public Law 108-106 [Emergency Supplemental 
 Appropriations Act for Defense and for the Reconstruction of Iraq and 
  Afghanistan, 2004; H.R. 3289], 117 Stat. 1209, approved November 6, 
  2003; Public Law 108-447 [Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, 
                       approved December 8, 2004
---------------------------------------------------------------------------

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

  AN ACT Making emergency wartime supplemental appropriations for the 
               fiscal year 2003, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2003, and for other purposes, namely:

                  TITLE I--WAR-RELATED APPROPRIATIONS

          * * * * * * *

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

          * * * * * * *

                         Iraq Freedom Fund \2\

                          (transfer of funds)

    There is established in the Treasury of the United States a 
special account to be known as the ``Iraq Freedom Fund''. For 
additional expenses for ongoing military operations in Iraq, 
and those operations authorized by Public Law 107-40, and other 
operations and related activities in support of the global war 
on terrorism, not otherwise provided for, necessary to finance 
the estimated partial costs of combat, stability operations 
(including natural resource risk remediation activities), force 
reconstitution, replacement of munitions and equipment, and 
other costs, there is hereby appropriated $15,678,900,000, to 
remain available for transfer until September 30, 2004: 
Provided, That amounts provided under this heading shall be 
available for transfer for the following activities:
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    \2\ Title IX of the Department of Defense Appropriation Act, 2006 
(Public Law 109-148; 119 Stat. 2733), provided the following:
---------------------------------------------------------------------------

``Iraq Freedom Fund

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

    ``For an additional amount for `Iraq Freedom Fund', $4,658,686,000, 
to remain available for transfer until September 30, 2007, only to 
support operations in Iraq or Afghanistan and classified activities: 
Provided, That the Secretary of Defense may transfer the funds provided 
herein to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and working 
capital funds: Provided further, That of the amounts provided under 
this heading, $3,048,686,000 shall only be for classified programs, 
described in further detail in the classified annex accompanying this 
Act: Provided further, That up to $100,000,000 shall be available for 
the Department of Homeland Security, `United States Coast Guard, 
Operating Expenses': Provided further, That not less than 
$1,360,000,000 shall be available for the Joint IED Defeat Task Force: 
Provided further, That funds transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
appropriation or fund to which transferred: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 5 days 
prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.''.
    See title XV of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3480)--Authorization for 
Increased Costs Due To Operation Iraqi Freedom and Operation Enduring 
Freedom--and particularly sec. 1511 of that title, which provides the 
following:
---------------------------------------------------------------------------

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

    ``(a) In General.--Funds are hereby authorized to be appropriated 
for fiscal year 2006 for the Iraq Freedom Fund in the amount of 
$5,240,725,000.
    ``(b) Limitation on Availability of Certain Amount.--Of the amount 
authorized to be appropriated by subsection (a), $1,000,000,000 shall 
be available only for support of activities of the Joint Improvised 
Explosive Device Task Force.
    ``(c) Classified Programs.--Of the amount authorized to be 
appropriated by subsection (a), $2,500,000,000 shall be available only 
for classified programs.
    ``(d) Transfer.--
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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: * * *
---------------------------------------------------------------------------
    \3\ For text, as amended, see page 23.
---------------------------------------------------------------------------
    (c) Notwithstanding any other provision of law, none of the 
funds provided in this or any other appropriations Act for the 
Department of Defense may be used for the drawdown authority in 
section (4)(a)(2) of the Iraq Liberation Act of 1998 (including 
the drawdown authority of this section) unless the House and 
Senate Committees on Appropriations are notified in writing of 
the sources of the funds to be used for such purpose not later 
than 7 days following the exercise of the drawdown authority.

                     (including transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 1313. As of October 31, 2003, all unobligated \4\ 
balances of funds remaining in the ``Defense Emergency Response 
Fund'' shall be transferred to, and merged with, the ``Iraq 
Freedom Fund'', and shall be available for the same purposes, 
and under the same terms and conditions, as funds appropriated 
to the ``Iraq Freedom Fund'' in this chapter.
---------------------------------------------------------------------------
    \4\ Sec. 1105(a) of Public Law 108-106 (117 Stat. 1214) inserted 
``unobligated'' before ``balances''. Subsec. 1105(b) of that Act 
provided the following:
    ``(b) Effective November 1, 2003, adjustments to obligations that 
before such date would have been properly chargeable to the Defense 
Emergency Response Fund shall be charged to any current appropriations 
account of the Department of Defense available for the same purpose.''.
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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.
---------------------------------------------------------------------------
    \5\ In a memorandum of May 6, 2003 (68 F.R. 25275), as amended by a 
memorandum signed by the President on December 5, 2003 (69 F.R. 1645), 
the President stated the following:
    ``The functions of the President under the heading `Iraq Relief and 
Reconstruction Fund' in the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11), or in any subsequent 
appropriation under this heading, including with respect to 
apportionment, reimbursement, consultation, transfer of funds, 
retransfer of funds, and acceptance and crediting of contributions, are 
assigned to the Director of the Office of Management and Budget.
    ``In accordance with Presidential direction relating to Iraq relief 
and reconstruction, multiple agencies are deployed with the Coalition 
Provisional Authority (CPA) and are serving as implementing partners or 
executing agents for programs and projects. These agencies will 
identify funding requirements for such programs and projects through 
CPA. OMB will work with CPA to transfer funds to the appropriate 
implementing agency. The Director of OMB shall coordinate with the 
Secretary of Defense or his designee prior to apportioning funds. With 
respect to programs administered by the Department of State or the 
United States Agency for International Development, the Director of OMB 
shall coordinate with the Secretary of State or his designee prior to 
apportioning funds.''.
---------------------------------------------------------------------------

                         Economic Support Fund

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

                     Loan Guarantees to Israel \6\

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

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1501. Any appropriation made available in this chapter 
under the headings ``International Disaster Assistance'', 
``United States Emergency Refugee and Migration Assistance 
Fund'', ``Nonproliferation, Anti-Terrorism, Demining and 
Related Programs'', ``Peacekeeping Operations'', or ``Iraq 
Relief and Reconstruction Fund'' may be transferred between 
such appropriations for use for any of the purposes for which 
the funds in such receiving account may be used: Provided, That 
the total amount transferred from funds appropriated under 
these headings shall not exceed $100,000,000: Provided further, 
That the Secretary of State shall consult with the Committees 
on Appropriations prior to exercising the authority contained 
in this section: Provided further, That funds made available 
pursuant to the authority of this section shall be subject to 
the regular notification procedures of the Committees on 
Appropriations, except that notification shall be transmitted 
at least 5 days in advance of the obligations of funds.
    Sec. 1502. Assistance or other financing under this chapter 
may be provided for Iraq notwithstanding any other provision of 
law: Provided, That the authority contained in this section 
shall not apply to section 553 of Public Law 108-7: Provided 
further, That funds made available for Iraq pursuant to this 
authority shall be subject to the regular reprogramming 
procedures of the Committees on Appropriations and section 634A 
of the Foreign Assistance Act of 1961, except that notification 
shall be transmitted at least 5 days in advance of obligation: 
Provided further, That the notification requirements of this 
section may be waived if failure to do so would pose a 
substantial risk to human health or welfare: Provided further, 
That in case of any such waiver, notification to the 
appropriate congressional committees, shall be provided as 
early as practicable, but in no event later than 3 days after 
taking the action to which such notification requirement was 
applicable, in the context of the circumstances necessitating 
such waiver: Provided further, That any notification provided 
pursuant to such a waiver shall contain an explanation of the 
emergency circumstances.
    Sec. 1503.\9\ The President may suspend the application of 
any provision of the Iraq Sanctions Act of 1990: Provided, That 
nothing in this section shall affect the applicability of the 
Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 102-
484), except that such Act shall not apply to humanitarian 
assistance and supplies: Provided further, That the President 
may make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961 or any other provision of law 
that applies to countries that have supported terrorism: 
Provided further, That military equipment, including equipment 
\10\ as defined by title XVI, section 1608(1)(A) of Public Law 
102-484, shall not be exported under the authority of this 
section: Provided further, That section 307 of the Foreign 
Assistance Act of 1961 shall not apply with respect to programs 
of international organizations for Iraq: Provided further, That 
provisions of law that direct the United States Government to 
vote against or oppose loans or other uses of funds, including 
for financial or technical assistance, in international 
financial institutions for Iraq shall not be construed as 
applying to Iraq: Provided further, That the President shall 
submit a notification 5 days prior to exercising any of the 
authorities described in this section to the Committee on 
Appropriations of each House of the Congress, the Committee on 
Foreign Relations of the Senate, and the Committee on 
International Relations of the House of Representatives: 
Provided further, That not more than 60 days after enactment of 
this Act and every 90 days thereafter the President shall 
submit a report to the Committee on Appropriations of each 
House of the Congress, the Committee on Foreign Relations of 
the Senate, and the Committee on International Relations of the 
House of Representatives containing a summary of all licenses 
approved for export to Iraq of any item on the Commerce Control 
List contained in the Export Administration Regulations, 15 CFR 
Part 774, Supplement 1, including identification of end users 
of such items: Provided further, That the authorities contained 
in this section shall expire on September 30, 2004, or on the 
date of enactment of a subsequent Act authorizing assistance 
for Iraq and that specifically amends, repeals or otherwise 
makes inapplicable the authorities of this section, whichever 
occurs first.
---------------------------------------------------------------------------
    \9\ Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 
26459), stated the following:
    ``* * * I hereby:
    ``(1) suspend the application of all of the provisions, other than 
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, 
and
    ``(2) make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 
`FAA'), and any other provision of law that applies to countries that 
have supported terrorism.
    ``In addition, I delegate the functions and authorities conferred 
upon the President by:
    ``(1) section 1503 of the Act to submit reports to the designated 
committees of the Congress to the Secretary of Commerce, or until such 
time as the principal licensing responsibility for the export to Iraq 
of items on the Commerce Control List has reverted to the Department of 
Commerce, to the Secretary of the Treasury; and,
    ``(2) section 1504 of the Act to the Secretary of State.''.
    \10\ Sec. 2204 of Public Law 108-106 (117 Stat. 1230) struck out 
``equipment'' and inserted in lieu thereof ``equipment, including 
equipment''.
---------------------------------------------------------------------------
    Sec. 1504. Notwithstanding any other provision of law, the 
President may authorize the export to Iraq of any nonlethal 
military equipment controlled under the International 
Trafficking in Arms Regulations on the United States Munitions 
List established pursuant to section 38 of the Arms Export 
Control Act (22 U.S.C. 2778), if the President determines and 
notifies within 5 days prior to export the Committee on 
Appropriations of each House of the Congress, the Committee on 
Foreign Relations of the Senate, and the Committee on 
International Relations of the House of Representatives that 
the export of such nonlethal military equipment is in the 
national interest of the United States: Provided, That, subject 
to the notification requirements of this section, exports may 
be authorized of lethal military equipment designated by the 
Secretary of State for use by a reconstituted (or interim) 
Iraqi military or police force, and of small arms designated by 
the Secretary of State for use for private security purposes: 
\11\ Provided further, That the authorities contained in this 
section shall expire on September 30, 2004, or on the date of 
enactment of a subsequent Act authorizing assistance for Iraq 
and that specifically amends, repeals or otherwise makes 
inapplicable the authorities of this section, whichever occurs 
first.
---------------------------------------------------------------------------
    \11\ Sec. 2205 of Public Law 108-106 (117 Stat. 1230) amended and 
restated the first proviso, which formerly read as follows: ``Provided, 
That the limitation regarding nonlethal military equipment shall not 
apply to military equipment designated by the Secretary of State for 
use by a reconstituted (or interim) Iraqi military or police force:''.
---------------------------------------------------------------------------
    Sec. 1505. Division E of Public Law 108-7, under the 
heading ``Assistance for the Independent States of the Former 
Soviet Union'', is amended in subsection (f) by: (1) striking 
``assistance for the Government'' and inserting ``assistance 
for the central Government''; and (2) striking ``unless'' and 
inserting ``if''; and striking ``not facilitated'' and 
inserting ``facilitated''.

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

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

                 TITLE VI--GENERAL PROVISIONS--THIS ACT

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

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

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iraq Liberation Act of 
1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

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

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

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

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

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

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

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

``United States Information Agency

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

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

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

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

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

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

SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.

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

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

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

SEC. 8. RULE OF CONSTRUCTION.

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

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

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

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for 
the Secretary of State, the President delegated all functions vested in 
the President by this title to the Secretary of State, in consultation 
with the Secretaries of Defense, Treasury, Commerce, the Director of 
the Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
    Secs. 1503 and 1504 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), as 
amended, provided the following:
    ``Sec. 1503. The President may suspend the application of any 
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in 
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act 
shall not apply to humanitarian assistance and supplies: Provided 
further, That the President may make inapplicable with respect to Iraq 
section 620A of the Foreign Assistance Act of 1961 or any other 
provision of law that applies to countries that have supported 
terrorism: Provided further, That military equipment, including 
equipment as defined by title XVI, section 1608(1)(A) of Public Law 
102-484, shall not be exported under the authority of this section: 
Provided further, That section 307 of the Foreign Assistance Act of 
1961 shall not apply with respect to programs of international 
organizations for Iraq: Provided further, That provisions of law that 
direct the United States Government to vote against or oppose loans or 
other uses of funds, including for financial or technical assistance, 
in international financial institutions for Iraq shall not be construed 
as applying to Iraq: Provided further, That the President shall submit 
a notification 5 days prior to exercising any of the authorities 
described in this section to the Committee on Appropriations of each 
House of the Congress, the Committee on Foreign Relations of the 
Senate, and the Committee on International Relations of the House of 
Representatives: Provided further, That not more than 60 days after 
enactment of this Act and every 90 days thereafter the President shall 
submit a report to the Committee on Appropriations of each House of the 
Congress, the Committee on Foreign Relations of the Senate, and the 
Committee on International Relations of the House of Representatives 
containing a summary of all licenses approved for export to Iraq of any 
item on the Commerce Control List contained in the Export 
Administration Regulations, 15 CFR Part 774, Supplement 1, including 
identification of end users of such items: Provided further, That the 
authorities contained in this section shall expire on September 30, 
2004, or on the date of enactment of a subsequent Act authorizing 
assistance for Iraq and that specifically amends, repeals or otherwise 
makes inapplicable the authorities of this section, whichever occurs 
first.
    ``Sec. 1504. Notwithstanding any other provision of law, the 
President may authorize the export to Iraq of any nonlethal military 
equipment controlled under the International Trafficking in Arms 
Regulations on the United States Munitions List established pursuant to 
section 38 of the Arms Export Control Act (22 U.S.C. 2778), if the 
President determines and notifies within 5 days prior to export the 
Committee on Appropriations of each House of the Congress, the 
Committee on Foreign Relations of the Senate, and the Committee on 
International Relations of the House of Representatives that the export 
of such nonlethal military equipment is in the national interest of the 
United States: Provided, That, subject to the notification requirements 
of this section, exports may be authorized of lethal military equipment 
designated by the Secretary of State for use by a reconstituted (or 
interim) Iraqi military or police force, and of small arms designated 
by the Secretary of State for use for private security purposes: 
Provided further, That the authorities contained in this section shall 
expire on September 30, 2004, or on the date of enactment of a 
subsequent Act authorizing assistance for Iraq and that specifically 
amends, repeals or otherwise makes inapplicable the authorities of this 
section, whichever occurs first.''.
    Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 
26459), stated the following:
    ``* * * I hereby:
    ``(1) suspend the application of all of the provisions, other than 
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, 
and
    ``(2) make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 
`FAA'), and any other provision of law that applies to countries that 
have supported terrorism.
    ``In addition, I delegate the functions and authorities conferred 
upon the President by:
    ``(1) section 1503 of the Act to submit reports to the designated 
committees of the Congress to the Secretary of Commerce, or until such 
time as the principal licensing responsibility for the export to Iraq 
of items on the Commerce Control List has reverted to the Department of 
Commerce, to the Secretary of the Treasury; and,
    ``(2) section 1504 of the Act to the Secretary of State.''.
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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, and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

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

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

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

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

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

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

SEC. 1606. WAIVER.

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

SEC. 1607. REPORTING REQUIREMENT.

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

SEC. 1608. DEFINITIONS.

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

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

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

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

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

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

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

SECTION 1.\1\ SHORT TITLE

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

SEC. 2. TABLE OF CONTENTS * * *

SEC. 3.\1\ DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``Persian Gulf Regional Defense Fund

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

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

SEC. 103. ADDITIONAL TRANSFER AUTHORITY

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

SEC. 104. ADMINISTRATION OF TRANSFERS

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

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

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

SEC. 106. MONTHLY REPORTS ON TRANSFERS

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

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

          * * * * * * *

SEC. 203. AUTHORIZATION FROM DEFENSE COOPERATION ACCOUNT

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

SEC. 204. CONFORMING REPEAL

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

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

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

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

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

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

SEC. 403. FORM OF REPORTS

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

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

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

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

                      TITLE VI--GENERAL PROVISIONS

          * * * * * * *

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

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

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

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

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

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

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

SEC. 801. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR OPERATING 
                    EXPENSES

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

SEC. 803. APPLICABILITY OF RECURRING GENERAL PROVISIONS

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

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

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

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

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                       iraq sanctions act of 1990

SEC. 586. SHORT TITLE.

  Sections 586 through 586J of this Act may be cited as the 
``Iraq Sanctions Act of 1990''.
---------------------------------------------------------------------------
    \1\ Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 
26459), stated the following:
    ``* * * I hereby:
    ``(1) suspend the application of all of the provisions, other than 
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, 
and
    ``(2) make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 
`FAA'), and any other provision of law that applies to countries that 
have supported terrorism.
    ``In addition, I delegate the functions and authorities conferred 
upon the President by:
    ``(1) section 1503 of the Act to submit reports to the designated 
committees of the Congress to the Secretary of Commerce, or until such 
time as the principal licensing responsibility for the export to Iraq 
of items on the Commerce Control List has reverted to the Department of 
Commerce, to the Secretary of the Treasury; and,
    ``(2) section 1504 of the Act to the Secretary of State.''.
    Secs. 1503 and 1504 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), as 
amended, provided the following:
    ``Sec. 1503. The President may suspend the application of any 
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in 
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act 
shall not apply to humanitarian assistance and supplies: Provided 
further, That the President may make inapplicable with respect to Iraq 
section 620A of the Foreign Assistance Act of 1961 or any other 
provision of law that applies to countries that have supported 
terrorism: Provided further, That military equipment, including 
equipment as defined by title XVI, section 1608(1)(A) of Public Law 
102-484, shall not be exported under the authority of this section: 
Provided further, That section 307 of the Foreign Assistance Act of 
1961 shall not apply with respect to programs of international 
organizations for Iraq: Provided further, That provisions of law that 
direct the United States Government to vote against or oppose loans or 
other uses of funds, including for financial or technical assistance, 
in international financial institutions for Iraq shall not be construed 
as applying to Iraq: Provided further, That the President shall submit 
a notification 5 days prior to exercising any of the authorities 
described in this section to the Committee on Appropriations of each 
House of the Congress, the Committee on Foreign Relations of the 
Senate, and the Committee on International Relations of the House of 
Representatives: Provided further, That not more than 60 days after 
enactment of this Act and every 90 days thereafter the President shall 
submit a report to the Committee on Appropriations of each House of the 
Congress, the Committee on Foreign Relations of the Senate, and the 
Committee on International Relations of the House of Representatives 
containing a summary of all licenses approved for export to Iraq of any 
item on the Commerce Control List contained in the Export 
Administration Regulations, 15 CFR Part 774, Supplement 1, including 
identification of end users of such items: Provided further, That the 
authorities contained in this section shall expire on September 30, 
2004, or on the date of enactment of a subsequent Act authorizing 
assistance for Iraq and that specifically amends, repeals or otherwise 
makes inapplicable the authorities of this section, whichever occurs 
first.
    ``Sec. 1504. Notwithstanding any other provision of law, the 
President may authorize the export to Iraq of any nonlethal military 
equipment controlled under the International Trafficking in Arms 
Regulations on the United States Munitions List established pursuant to 
section 38 of the Arms Export Control Act (22 U.S.C. 2778), if the 
President determines and notifies within 5 days prior to export the 
Committee on Appropriations of each House of the Congress, the 
Committee on Foreign Relations of the Senate, and the Committee on 
International Relations of the House of Representatives that the export 
of such nonlethal military equipment is in the national interest of the 
United States: Provided, That, subject to the notification requirements 
of this section, exports may be authorized of lethal military equipment 
designated by the Secretary of State for use by a reconstituted (or 
interim) Iraqi military or police force, and of small arms designated 
by the Secretary of State for use for private security purposes: 
Provided further, That the authorities contained in this section shall 
expire on September 30, 2004, or on the date of enactment of a 
subsequent Act authorizing assistance for Iraq and that specifically 
amends, repeals or otherwise makes inapplicable the authorities of this 
section, whichever occurs first.''.
---------------------------------------------------------------------------

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

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

SEC. 586B. CONSULTATIONS WITH CONGRESS.

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

SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

  (a) Continuation of Embargo.--Except as otherwise provided in 
this section, the President shall continue to impose the trade 
embargo and other economic sanctions with respect to Iraq and 
Kuwait that the United States is imposing, in response to 
Iraq's invasion of Kuwait, pursuant to Executive Orders 
Numbered 12724 and 12725 (August 9, 1990) and, to the extent 
they are still in effect, Executive Orders Numbered 12722 and 
12723 \2\ (August 2, 1990). Notwithstanding any other provision 
of law, no funds, credits, guarantees, or insurance 
appropriated or otherwise made available by this or any other 
Act for fiscal year 1991 or any fiscal year thereafter shall be 
used to support or administer any financial or commercial 
operation of any United States Government department, agency, 
or other entity, or of any person subject to the jurisdiction 
of the United States, for the benefit of the Government of 
Iraq, its agencies or instrumentalities, or any person working 
on behalf of the Government of Iraq, contrary to the trade 
embargo and other economic sanctions imposed in accordance with 
this section.
---------------------------------------------------------------------------
    \2\ Executive Orders 12723 and 12725, relating to Kuwait, were 
revoked by Executive Order 12771 of July 25, 1991 (56 F.R. 35993; July 
29, 1991). The national emergency with respect to Iraq detailed in 
Executive Orders 12722 and 12724 was extended by unnumbered notice on 
July 26, 1991 (56 F.R. 35995; July 29, 1991).
---------------------------------------------------------------------------
  (b) Humanitarian Assistance.--To the extent that transactions 
involving foodstuffs or payments for foodstuffs are exempted 
``in humanitarian circumstances'' from the prohibitions 
established by the United States pursuant to United Nations 
Security Council Resolution 661 (1990), those exemptions shall 
be limited to foodstuffs that are to be provided consistent 
with United Nations Security Council Resolution 666 (1990) and 
other relevant Security Council resolutions.\3\
---------------------------------------------------------------------------
    \3\ United Nations Security Council Resolution 678, adopted 
November 29, 1990, recalled and reaffirmed the intentions of earlier 
U.N. resolutions relating to Iraq's invasion of Kuwait on August 2, 
1990. Earlier resolutions, in part: condemned the Iraqi invasion of 
Kuwait, demanded that Iraq withdraw immediately and unconditionally 
from Kuwait, called upon Iraq and Kuwait to begin negotiations for the 
resolution of their differences (Resolution 660 adopted August 2, 
1990); prevented trade relations between Iraq and U.N. Member States, 
or the import of any Iraqi or Kuwaiti products, and established a 
Committee of the Security Council to examine progress of this trade 
embargo (Resolution 661 adopted August 6, 1990); determined that the 
annexation of Kuwait by Iraq had no legal validity (Resolution 662 of 
August 9, 1990); demanded that Iraq facilitate and permit the immediate 
departure from Kuwait and Iraq of third country citizens (Resolution 
664 adopted August 18, 1990); called upon Member States to blockade 
maritime activity to the region (Resolution 665 adopted August 25, 
1990); considered an exemption of the trade embargo for foodstuffs to 
Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned 
Iraq's aggressions against international diplomatic premises and 
personnel in Kuwait (Resolution 667 adopted September 16, 1990); 
expanded responsibilities of the Committee established under Resolution 
661 (Resolution 669 adopted September 14, 1990); further defined the 
trade embargo to include air traffic, and called upon Member States to 
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990); 
condemned the taking of third nation nationals hostage, and condemned 
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted 
October 29, 1990); and condemned Iraqi attempts to alter the 
demographic composition of the Kuwaiti population (Resolution 677 
adopted November 28, 1990).
    Resolution 678, adopted by the U.N. Security Council on November 
29, 1990, in part:
    ``Demands that Iraq comply fully with resolutions 660 (1990) and 
all subsequent relevant resolutions, and decides, while maintaining all 
its decisions, to allow Iraq one final opportunity, as a pause of 
goodwill, to do so;
    ``Authorizes Member States cooperating with the Government of 
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as 
set forth in paragraph 1 above, the foregoing resolutions, to use all 
necessary means to uphold and implement resolution 660 (1990) and all 
subsequent relevant resolutions and to restore international peace and 
security in the area;''.
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  (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.
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          (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.
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          (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.''.
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          (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.
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    \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.
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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.
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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.
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    \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).
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    (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\
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    \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.
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                     TITLE IV--THE DEMOCRACY CORPS

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

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

   TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

SEC. 501.\21\ FINDINGS.

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

SEC. 502.\22\ ELIGIBILITY.

    Funds may be obligated for a fiscal year for assistance or 
other programs or activities for an independent state of the 
former Soviet Union under sections 503 and 504 only if the 
President has certified to the Congress,\23\ during that fiscal 
year, that such independent state is committed to--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 5852.
    In a memorandum of December 30, 1992, for the Secretaries of State 
and Defense, and the Director, OMB, the President delegated authority 
established in sec. 502 of the FREEDOM Support Act and in sec. 1412(d) 
of Public Law 102-484 to the Secretary of State. The President further 
delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-
484, and in secs. 503 and 508 of the FREEDOM Support Act to the 
Secretary of Defense. That memorandum further provided that: ``The 
Secretary of Defense shall not exercise authority delegated * * * with 
respect to any former Soviet republic unless the Secretary of State has 
exercised his authority and performed the duty delegated * * * with 
respect to that former Soviet Republic. The Secretary of Defense shall 
not obligated funds in the exercise of authority delegated * * * unless 
the Director of the Office of Management and Budget has determined that 
expenditures during fiscal year 1993 pursuant to such obligation shall 
be counted against the defense category of discretionary spending 
limits for that fiscal year (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of Part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.''. (58 F.R. 
3193; January 8, 1993).
    \23\ On January 10, 2003, the President certified ``that waiving 
the restrictions contained in subsection (d) of section 1203 of the 
Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952), as amended, 
and the requirements contained in section 502 of the FREEDOM Support 
Act (22 U.S.C. 5852) during Fiscal Year 2003 with respect to the 
Russian Federation is important to the national security interests of 
the United States.'' (Presidential Determination No. 03-11; 68 F.R. 
2419). The President made similar determinations for FY 2004 for the 
Russian Federation (Presidential Determination No. 2004-08; November 7, 
2003; 68 F.R. 65383), and the Republic of Uzbekistan (Presidential 
Determination No. 2004-19; December 30, 2003; 69 F.R. 2479), and for FY 
2005 for the Russian Federation (Presidential Determination No. 2005-
09; December 6, 2004; 69 F.R. 74933); and the Republic of Uzbekistan 
(Presidential Determination No. 2005-13; December 14, 2004; 70 F.R. 1).
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          (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.
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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--
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    \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).
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          (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\
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    \27\ For title I of Public Law 102-229, see Legislation on Foreign 
Relations Through 2005, vol. II.
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          (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--
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    \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.
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          (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.
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    \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''.
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SEC. 506.\31\ SOVIET WEAPONS DESTRUCTION.

    (a) \32\ Additional Funding.--
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    \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).
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          (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).
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    \33\ 22 U.S.C. 5857.
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    (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\
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    \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.
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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 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);
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    \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.
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                  (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
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    \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).
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          (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.
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    \38\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
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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.
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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 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).
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    (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--
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    \41\ 22 U.S.C. 5860.
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          (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.
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    (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.
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    (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.
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          (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. * * *
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    \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.
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    \50\ Sec. 803 repealed subsecs. (f) and (g) of sec. 132 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
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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.
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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.
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SEC. 806.\54\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION 
                    ACTIVITIES. * * *
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    \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.
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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--
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  ``(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.
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    ``(2) The President may waive section 907 of the FREEDOM Support 
Act if he determines and certifies to the Committees on Appropriations 
that to do so--
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  ``(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.
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    ``(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--
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  ``(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.
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             TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS


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



          * * * * * * *

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

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

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

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

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

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

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

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

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

SECTION 1.\2\ SHORT TITLE.

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

             TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

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

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

SEC. 302. REPORTING REQUIREMENTS.

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

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

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

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

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

                PART A--UNITED STATES INFORMATION AGENCY

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

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

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.\1\ SHORT TITLE.

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

SEC. 2.\2\ PURPOSES.

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

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

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

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

    (a) Authorization of Funding.--For each fiscal year, there 
is authorized to be appropriated from the fund to Eisenhower 
Exchange Fellowships, Incorporated, the interest and earnings 
of the fund.
---------------------------------------------------------------------------
    \6\ 20 U.S.C. 5203.
---------------------------------------------------------------------------
    (b) Access to Books, Records, Etc. by General Accounting 
Office.\7\--The activities of Eisenhower Exchange Fellowships, 
Incorporated, may be audited by the General Accounting Office 
\7\ under such rules and regulations as may be prescribed by 
the Comptroller General of the United States. The 
representatives of the General Accounting Office \7\ shall have 
access to all books, accounts, records, reports, and files and 
all other papers, things, or property belonging to or in use by 
Eisenhower Exchange Fellowships, Incorporated, pertaining to 
such activities and necessary to facilitate the audit.
---------------------------------------------------------------------------
    \7\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------

SEC. 5.\8\ AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

SEC. 7.\11\ REPORT TO CONGRESS.

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

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

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

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

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

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

SECTION 1. SHORT TITLE

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

                          TITLE I--PANAMA \1\

          * * * * * * *

                TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.

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

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

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

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

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

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

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

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

                     TITLE I--STRUCTURAL ADJUSTMENT

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

                  TITLE II--PRIVATE SECTOR DEVELOPMENT

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

                     TITLE III--TRADE AND INVESTMENT

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

       TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

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

                   TITLE V--OTHER ASSISTANCE PROGRAMS

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

                TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

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

                     TITLE VII--REPORTS TO CONGRESS

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

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

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

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

    ``(a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $361,000,000, to remain available until 
September 30, 2007, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading $5,000,000 should be made available for rule of law 
programs for the training of judges and prosecutors.
    ``(b) Funds appropriated under this heading shall be considered to 
be economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
    ``(c) The provisions of section 529 of this Act shall apply to 
funds appropriated under this heading: Provided, That notwithstanding 
any provision of this or any other Act, including provisions in this 
subsection regarding the application of section 529 of this Act, local 
currencies generated by, or converted from, funds appropriated by this 
Act and by previous appropriations Acts and made available for the 
economic revitalization program in Bosnia may be used in Eastern Europe 
and the Baltic States to carry out the provisions of the Foreign 
Assistance Act of 1961 and the Support for East European Democracy 
(SEED) Act of 1989.
    ``(d) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.''.
    See also sec. 534(k) of that Act, relating to the Middle East 
Foundation; and sec. 596, which stipulates that funds provided in 
certain accounts ``shall be made available for programs and countries 
in the amounts contained in the respective tables included'' in the 
conference report agreed to in the course of enactment of that Act. See 
H. Rept. 109-265 of November 2, 2005, accompanying Public Law 109-102 
(for allocation of Eastern Europe and the Baltic States funds, see p. 
91).
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  (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\
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    \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.
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          (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.
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    \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.
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          (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.
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    \8\ 22 U.S.C. 5402. Sec. 903 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3355) added sec. 3.
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    (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.
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          (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)--
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    \10\ 22 U.S.C. 5412.
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          (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.
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  (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.
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SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION PROGRAMS FOR POLAND 
                    AND HUNGARY.

  (a) Eligibility of Poland and Hungary for OPIC Programs.--
Section 239(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2199(f)) is amended by inserting ``, Poland, Hungary,'' after 
``Yugoslavia''.\23\
---------------------------------------------------------------------------
    \23\ Sec. 239 of the Foreign Assistance Act of 1961 states the 
general provisions and powers of the Overseas Private Investment 
Corporation. Subsec. (f) requires the President to determine that OPIC 
programs in certain countries are in the national interest.
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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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
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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.

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

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

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

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

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

               TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

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

  The President shall designate, within the Department of 
State, a SEED Program coordinator who shall be directly 
responsible for overseeing and coordinating all programs 
described in this Act and all other activities that the United 
States Government conducts in furtherance of the purposes of 
this Act.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 5461.
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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.
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  (b) Functions.--
          (1) In general.--The SEED Information Center System 
        shall serve as a central clearinghouse mechanism for 
        information relating to--
                  (A) business needs and opportunities in 
                Eastern Europe, and
                  (B) voluntary assistance to countries in 
                Eastern Europe.
          (2) Private enterprise development.--The SEED 
        Information Center System shall be organized, among 
        other purposes, to encourage--
                  (A) the submission of economically sound 
                proposals to the Polish-American Enterprise 
                Fund and Hungarian-American Enterprise Fund, 
                and
                  (B) other sources of finance for the 
                development of private enterprise in Eastern 
                Europe.
  (c) Location.--The SEED Information Center System shall be 
based jointly in Washington, District of Columbia; Warsaw, 
Poland; and Budapest, Hungary; and should it become 
appropriate, the capitals of other East European countries.

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

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

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

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

                  TITLE VII--REPORTS TO CONGRESS \42\

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

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

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

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

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

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

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

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

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

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

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

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

                     part ii--assistance to poland

SEC. 2221.\1\ SHORT TITLE.

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

SEC. 2222. FUNDING FOR SCIENCE AND TECHNOLOGY AGREEMENT.

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

SEC. 2223. DONATION OF SURPLUS AGRICULTURAL COMMODITIES.

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

SEC. 2224. USE OF POLISH CURRENCIES.

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

SEC. 2226. JOINT COMMISSION.

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

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

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

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

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

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

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

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

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

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

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

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

                              short title

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

                       findings and declarations

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

                              definitions

    Sec. 803.\4\ As used in this title--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4502.
---------------------------------------------------------------------------
          (1) the term ``institution of higher education'' has 
        the same meaning given such term in section 101 \5\ of 
        the Higher Education Act of 1965; and
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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''.
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          (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.
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    \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\
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    \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).
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    (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''.
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          (B) to conduct seminars, conferences, and other 
        similar workshops designed to facilitate research 
        collaboration between Government and private 
        specialists in the independent states of the former 
        Soviet Union and the countries of Eastern Europe and 
        related fields.\15\
    (4) One part of the payments made in each fiscal year shall 
be used to conduct specialized programs in advanced training 
and research on a reciprocal basis in the independent states of 
the former Soviet Union \17\ and the countries of Eastern 
Europe designed to facilitate access for American specialists 
to research institutes, personnel, archives, documentation, and 
other research and training resources located in those states 
and countries.\18\
---------------------------------------------------------------------------
    \17\ Sec. 302(6)(D)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``Union of Soviet Socialist Republics'' the 
first place it appeared in para. (4), and inserted in lieu thereof 
``independent states of the former Soviet Union''.
    \18\ Sec. 302(6)(D)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``the Union of Soviet Socialist Republics 
and Eastern European countries'', and inserted in lieu thereof ``those 
states and countries''.
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    (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.
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    (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.
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          (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]
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    \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.
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    \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:
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    \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''.
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    \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.
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          (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\
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    \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\
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    \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.
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    \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).
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    (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.
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    \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.
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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--
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    \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--
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  ``(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.''.
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    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--
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  ``(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--
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    \3\ In a memorandum for the Secretary of State on May 26, 1992, the 
President determined and certified that the Government of Ethiopia:
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  ``(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.
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    \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).
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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;
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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.
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          (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--
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    \1\ 22 U.S.C. 2151 note.
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          (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--
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    \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.''.
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          (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.
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    \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\
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    \1\ 22 U.S.C. 2292 note.
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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.''
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    (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.
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          * * * * * * *

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

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

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

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

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

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

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

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

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

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

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

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

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 6041.
---------------------------------------------------------------------------
          (1) President Clinton stated in April 1993 that the 
        United States opposed the construction of the Juragua 
        nuclear power plant because of the concerns of the 
        United States about Cuba's ability to ensure the safe 
        operation of the facility and because of Cuba's refusal 
        to sign the Nuclear Non-Proliferation Treaty or ratify 
        the Treaty of Tlatelolco.
          (2) Cuba has not signed the Treaty on the Non-
        Proliferation of Nuclear Weapons or ratified the Treaty 
        of Tlatelolco, the latter of which establishes Latin 
        America and the Caribbean as a nuclear weapons-free 
        zone.
          (3) The State Department, the Nuclear Regulatory 
        Commission, and the Department of Energy have expressed 
        concerns about the construction and operation of Cuba's 
        nuclear reactors.
          (4) In a September 1992 report to the Congress, the 
        General Accounting Office \20\ outlined concerns among 
        nuclear energy experts about deficiencies in the 
        nuclear plant project in Juragua, near Cienfuegos, 
        Cuba, including--
---------------------------------------------------------------------------
    \20\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
                  (A) a lack in Cuba of a nuclear regulatory 
                structure;
                  (B) the absence in Cuba of an adequate 
                infrastructure to ensure the plant's safe 
                operation and requisite maintenance;
                  (C) the inadequacy of training of plant 
                operators;
                  (D) reports by a former technician from Cuba 
                who, by examining with x-rays weld sites 
                believed to be part of the auxiliary plumbing 
                system for the plant, found that 10 to 15 
                percent of those sites were defective;
                  (E) since September 5, 1992, when 
                construction on the plant was halted, the 
                prolonged exposure to the elements, including 
                corrosive salt water vapor, of the primary 
                reactor components; and
                  (F) the possible inadequacy of the upper 
                portion of the reactors' dome retention 
                capability to withstand only 7 pounds of 
                pressure per square inch, given that normal 
                atmospheric pressure is 32 pounds per square 
                inch and United States reactors are designed to 
                accommodate pressures of 50 pounds per square 
                inch.
          (5) The United States Geological Survey claims that 
        it had difficulty determining answers to specific 
        questions regarding earthquake activity in the area 
        near Cienfuegos because the Cuban Government was not 
        forthcoming with information.
          (6) The Geological Survey has indicated that the 
        Caribbean plate, a geological formation near the south 
        coast of Cuba, may pose seismic risks to Cuba and the 
        site of the power plant, and may produce large to 
        moderate earthquakes.
          (7) On May 25, 1992, the Caribbean plate produced an 
        earthquake numbering 7.0 on the Richter scale.
          (8) According to a study by the National Oceanic and 
        Atmospheric Administration, summer winds could carry 
        radioactive pollutants from a nuclear accident at the 
        power plant throughout all of Florida and parts of the 
        States on the coast of the Gulf of Mexico as far as 
        Texas, and northern winds could carry the pollutants as 
        far northeast as Virginia and Washington, D.C.
          (9) The Cuban Government, under dictator Fidel 
        Castro, in 1962 advocated the Soviets' launching of 
        nuclear missiles to the United States, which 
        represented a direct and dangerous provocation of the 
        United States and brought the world to the brink of a 
        nuclear conflict.
          (10) Fidel Castro over the years has consistently 
        issued threats against the United States Government, 
        most recently that he would unleash another perilous 
        mass migration from Cuba upon the enactment of this 
        Act.
          (11) Despite the various concerns about the plant's 
        safety and operational problems, a feasibility study is 
        being conducted that would establish a support group to 
        include Russia, Cuba, and third countries with the 
        objective of completing and operating the plant.
    (b) Withholding of Foreign Assistance.--
          (1) In general.--Notwithstanding any other provision 
        of law, the President shall withhold from assistance 
        allocated, on or after the date of the enactment of 
        this Act, for any country an amount equal to the sum of 
        assistance and credits, if any, provided on or after 
        such date of enactment by that country or any entity in 
        that country in support of the completion of the Cuban 
        nuclear facility at Juragua, near Cienfuegos, Cuba.
          (2) Exceptions.--The requirement of paragraph (1) to 
        withhold assistance shall not apply with respect to--
                  (A) assistance to meet urgent humanitarian 
                needs, including disaster and refugee relief;
                  (B) democratic political reform or rule of 
                law activities;
                  (C) the creation of private sector or 
                nongovernmental organizations that are 
                independent of government control;
                  (D) the development of a free market economic 
                system;
                  (E) assistance for the purposes described in 
                the Cooperative Threat Reduction Act of 1993 
                (title XII of Public Law 103-160); or
                  (F) assistance under the secondary school 
                exchange program administered by the United 
                States Information Agency.
          (3) Definition.--As used in paragraph (1), the term 
        ``assistance'' means assistance under the Foreign 
        Assistance Act of 1961, credits, sales, guarantees of 
        extensions of credit, and other assistance under the 
        Arms Export Control Act, assistance under titles I and 
        III of the Agricultural Trade Development and 
        Assistance Act of 1954, assistance under the FREEDOM 
        Support Act, and any other program of assistance or 
        credits provided by the United States to other 
        countries under other provisions of law.

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

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

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

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

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

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

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

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

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

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

          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

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

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

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

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

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

    (a) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
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    \28\ 22 U.S.C. 6063.
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          (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.
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    \29\ 22 U.S.C. 6064.
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    (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.
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          (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--
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    \32\ 22 U.S.C. 6066.
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          (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--
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    \33\ 22 U.S.C. 6067.
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          (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.
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          (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.--
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    \35\ 22 U.S.C. 6082.
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          (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.
---------------------------------------------------------------------------
          (1) Conclusiveness of certified claims.--In any 
        action brought under this title, the court shall accept 
        as conclusive proof of ownership of an interest in 
        property a certification of a claim to ownership of 
        that interest that has been made by the Foreign Claims 
        Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 (22 U.S.C. 
        1643 and following).
          (2) Claims not certified.--If in an action under this 
        title a claim has not been so certified by the Foreign 
        Claims Settlement Commission, the court may appoint a 
        special master, including the Foreign Claims Settlement 
        Commission, to make determinations regarding the amount 
        and ownership of the claim. Such determinations are 
        only for evidentiary purposes in civil actions brought 
        under this title and do not constitute certifications 
        under title V of the International Claims Settlement 
        Act of 1949.
          (3) Effect of determinations of foreign or 
        international entities.--In determining the amount or 
        ownership of a claim in an action under this title, the 
        court shall not accept as conclusive evidence any 
        findings, orders, judgments, or decrees from 
        administrative agencies or courts of foreign countries 
        or international organizations that declare the value 
        of or invalidate the claim, unless the declaration of 
        value or invalidation was found pursuant to binding 
        international arbitration to which the United States or 
        the claimant submitted the claim.
    (b) Amendment of the International Claims Settlement Act of 
1949.--Title V of the International Claims Settlement Act of 
1949 (22 U.S.C. 1643 and following) is amended by adding at the 
end the following new section:

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

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

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

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

  ``exclusivity of foreign claims settlement commission certification 
                               procedure

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

SEC. 305.\39\ LIMITATION OF ACTIONS.

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

SEC. 306.\40\ EFFECTIVE DATE.

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

               TITLE IV--EXCLUSION OF CERTAIN ALIENS \41\

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

    (a) Grounds for Exclusion.--The Secretary of State shall 
deny a visa to, and the Attorney General shall exclude from the 
United States, any alien who the Secretary of State determines 
is a person who, after the date of the enactment of this Act--
---------------------------------------------------------------------------
    \41\ Guidelines for the implementation of title IV were issued on 
June 12, 1996, as Department of State Public Notice 2403 (61 F.R. 
30655).
    Sec. 2802 of the Foreign Relations Authorization Act, Fiscal Years 
1998 and 1999 (subdivision B of division G of Public Law 105-277; 112 
Stat. 2681-845), as amended by sec. 209(b) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), provided the following:
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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


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



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

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

SECTION 1.\1\ SHORT TITLE.

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

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

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

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

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

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

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

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

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

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

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

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

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

SEC. 602.\2\ PURPOSE.

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

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

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

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

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

SEC. 605.\7\ REPAYMENT OF PRINCIPAL.

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

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

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

SEC. 607.\10\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

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

SEC. 608.\12\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

  (a) Establishment.--An eligible country shall, under the 
terms of an environmental framework agreement entered into 
under section 607, establish an Environmental Fund to receive 
payments in local currency pursuant to section 607(b)(1).
---------------------------------------------------------------------------
    \12\ 7 U.S.C. 1738g.
---------------------------------------------------------------------------
  (b) Investment.--Amounts deposited into an Environmental Fund 
shall be invested until disbursed. Notwithstanding any other 
provision of law, any return on such investment may be retained 
by the Environmental Fund and need not be deposited to the 
account of the Commodity Credit Corporation and may be retained 
without further appropriation by Congress.

SEC. 609.\13\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

  Funds in an Environmental Fund shall be disbursed only 
pursuant to a framework agreement entered into pursuant to 
section 607.
---------------------------------------------------------------------------
    \13\ 7 U.S.C. 1738h.
---------------------------------------------------------------------------

SEC. 610.\14\ ENTERPRISE FOR THE AMERICAS BOARD.

  (a) Establishment.--There is established a board to be known 
as the ``Enterprise \15\ for the Americas Board'' (hereafter 
referred to in this title as the ``Board'').
---------------------------------------------------------------------------
    \14\ 7 U.S.C. 1738i. Sec. 603(1) of Public Law 102-549 (106 Stat. 
3669) amended the catchline; it formerly read ``environment for the 
americas board''.
    \15\ Sec. 603(2) of Public Law 102-549 (106 Stat. 3669) struck out 
``Environment'' and inserted in lieu thereof ``Enterprise''.
---------------------------------------------------------------------------
  (b) Membership and Chairperson.--
          (1) Membership.--The Board shall be composed of--
                  (A) six \16\ representatives from the United 
                States Government, at least one of whom shall 
                be a representative of the Department of 
                Agriculture; \16\ and
---------------------------------------------------------------------------
    \16\ Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out 
``five'' and inserted in lieu thereof ``six'', and added after 
``Government'' the text ``, at least one of whom shall be a 
representative of the Department of Agriculture''.
---------------------------------------------------------------------------
                  (B) five \17\ representatives from private 
                nongovernmental environmental, child survival 
                and child development,\18\ community 
                development, scientific, and academic 
                organizations with experience and expertise in 
                Latin America and the Caribbean, at least one 
                of whom shall be a representative from a child 
                survival and child development organization; 
                \19\
---------------------------------------------------------------------------
    \17\ Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out 
``four'' and inserted in lieu thereof ``five''.
    \18\ Sec. 603(3)(A) of Public Law 102-549 (106 Stat. 3669) inserted 
``child survival and child development,'' after ``environmental,''.
    \19\ Sec. 603(3)(B) of Public Law 102-549 (106 Stat. 3669) inserted 
``, at least one of whom shall be a representative from a child 
survival and child development organization'' after ``Caribbean''.
---------------------------------------------------------------------------
        to be appointed by the President.
          (2) Chairperson.--The Board shall be headed by a 
        chairperson who shall be appointed by the President 
        from among the representatives appointed under 
        paragraph (1)(A).
  (c)  Responsibilities.--The Board shall--
          (1) advise the President on the negotiations for the 
        environmental framework agreements described in 
        subsections (a) and (b) of section 607;
          (2) ensure, in consultation with the government of 
        the appropriate eligible country, with nongovernmental 
        organizations of such eligible country, and if 
        appropriate, of the region, and with environmental, 
        scientific, and academic leaders of such eligible 
        country and, as appropriate, of the region, that a 
        suitable body referred to in section 607(c) is 
        identified; and
          (3) review the programs, operations, and fiscal 
        audits of the bodies referred to in section 607(c).

SEC. 611.\20\ OVERSIGHT.

  The President may designate appropriate United States 
agencies to review the implementation of programs under this 
title and the fiscal audits relating to such programs. Such 
oversight shall not constitute active management of an 
Environmental Fund.
---------------------------------------------------------------------------
    \20\ 7 U.S.C. 1738j.
---------------------------------------------------------------------------

SEC. 612.\21\ ELIGIBLE ACTIVITIES AND GRANTEES.

  (a) Eligible Entities.--Activities eligible to receive 
assistance through the framework agreements entered into under 
section 607, shall include--
---------------------------------------------------------------------------
    \21\ 7 U.S.C. 1738k.
---------------------------------------------------------------------------
          (1) activities of the type described in the Global 
        Environmental Protection Assistance Act of 1989 (22 
        U.S.C. 2281 et seq.); \22\
---------------------------------------------------------------------------
    \22\ Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a 
typographical error here by striking ``462), and--'', and inserting in 
lieu thereof ``2281 et seq.);''.
---------------------------------------------------------------------------
          (2) agriculture-related activities, including those 
        that provide for the biological prevention and control 
        of animal and plant pests and diseases, to benefit the 
        environment; and
          (3) local community initiatives that promote 
        conservation and sustainable use of the environment.
  (b) Regulation.--All activities of the type referred to in 
subsection (a) shall, where appropriate, include initiatives 
that link conservation of natural resources with local 
community development.
  (c) Setting of Priorities.--Appropriate activities and 
priorities relating to the use of an Environmental Fund shall 
be set by local nongovernmental organizations within the 
appropriate eligible country.
  (d) Grants.--Grants may be made by the body referred to in 
section 607(c) from the Environmental Fund for environmental 
purposes to--
          (1) host country nongovernmental environmental, 
        conservation, development, educational, and indigenous 
        peoples organizations;
          (2) other appropriate local or regional entities; or
          (3) in exceptional circumstances, the government of 
        the eligible country.
  (e) Priority.--In providing assistance from an Environmental 
Fund, the body established under section 607(c) within the 
eligible country shall give priority to projects that are run 
by nongovernmental organizations and other private entities, 
and that involve local communities in their planning and 
execution.

SEC. 613.\23\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

  (a) Encouraging Donations From Official Creditors.--The 
President should actively encourage other official creditors of 
an eligible country to provide debt reduction to such eligible 
country.
---------------------------------------------------------------------------
    \23\ 7 U.S.C. 1738l.
---------------------------------------------------------------------------
  (b) Encouraging Donations From Other Sources.--The President 
shall make every effort to insure that programs established 
through Environmental Funds are able to receive donations from 
private and public entities, and private creditors of the 
eligible country.

SEC. 614.\24\ ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later \25\ than December 31 of each 
fiscal year, the President shall prepare and submit to the 
Speaker of the House of Representatives and the President Pro 
Tempore of the Senate an annual report concerning the operation 
of the Facility for the prior fiscal year. This report shall 
include--\26\
---------------------------------------------------------------------------
    \24\ 7 U.S.C. 1738m.
    \25\ Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out 
``Not later'' and inserted in lieu thereof ``(a) In General.--Not 
later'', and added subsec. (b).
    \26\ Sec. 3 of Public Law 102-532 (106 Stat. 3512) added the rest 
of subsec. (a) from ``This report shall include--''.
---------------------------------------------------------------------------
          (1) a description of the activities undertaken by the 
        Facility during the previous fiscal year;
          (2) a description of any Environmental Framework 
        Agreement entered into under this title;
          (3) a report on what Environmental Funds have been 
        established under this title and on the operations of 
        such Funds; and
          (4) a description of any grants that have been 
        extended by administering bodies pursuant to an 
        Environmental Framework Agreement under this title.
    (b) Supplemental Views in Annual Report.--No later than 
December 15 of each fiscal year, each member of the Board shall 
be entitled to receive a copy of the report required under 
subsection (a). Each member of the Board may prepare and submit 
supplemental views to the President on the implementation of 
this title by December 31 for inclusion in the annual report 
when it is transmitted to Congress pursuant to this section.

SEC. 615.\27\ CONSULTATIONS WITH CONGRESS.

    The President shall consult with the appropriate 
congressional committees on a periodic basis to review the 
operation of the Facility under this title and the eligibility 
of countries for benefits from the Facility under this title.
---------------------------------------------------------------------------
    \27\ 7 U.S.C. 1738n. Added by sec. 331 of Public Law 102-237 (105 
Stat. 1858).
---------------------------------------------------------------------------

SEC. 616.\28\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

    (a) In General.--
---------------------------------------------------------------------------
    \28\ 7 U.S.C. 1738o. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) Authorization.--The President may sell to an 
        eligible country up to 40 percent of such country's 
        qualified debt, only if an amount of the local currency 
        of such country (other than the price paid for the 
        debt) equal to--
                  (A) not less than 40 percent of the price 
                paid for such debt by such eligible country, or
                  (B) the difference between the price paid for 
                such debt and the face value of such debt;
        whichever is less, is used by such country through an 
        Environmental Fund for eligible activities described in 
        section 612.
          (2) Environmental funds.--For purposes of this 
        section, the term ``Environmental Fund'' means an 
        Environmental Fund established under section 608. In 
        the case of Mexico, such fund may be designated as the 
        Good Neighbor Environmental Fund for the Border.
          (3) Establishment and operation of environmental 
        funds.--The President should advise eligible countries 
        on the procedures required to establish and operate the 
        Environmental Funds required to be established under 
        paragraph (1).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions, including the amount to be paid by 
the eligible country, under which such country's qualified debt 
may be sold under this section.
    (c) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (d) Certain Prohibitions Inapplicable.--A sale of debt 
under this section shall not be considered assistance for 
purposes of any provision of law limiting assistance to a 
country.
    (e) Implementation by the Facility.--A sale of debt 
authorized under this section shall be accomplished at the 
direction of the Facility. The Facility shall direct the 
Commodity Credit Corporation to carry out such sale. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect the sale.
    (f) Deposit of Proceeds.--The proceeds from a sale of 
qualified debt under this section shall be deposited in the 
account or accounts established by the Commodity Credit 
Corporation for the repayment of such debt by the eligible 
country.
    (g) Debtor Consultation.--Before any sale of qualified debt 
may occur under this section, the President should consult with 
the eligible country's government concerning such sale. The 
topics addressed in the consultation shall include the amount 
of qualified debt involved in the transaction and the uses to 
which funds made available as a result of the sale shall be 
applied.

SEC. 617.\29\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO 
                    FACILITATE CERTAIN DEBT SWAPS.

    (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
For the purpose of facilitating eligible debt swaps, the 
President, in accordance with this section--
---------------------------------------------------------------------------
    \29\ 7 U.S.C. 1738p. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) may sell to an eligible purchaser (as determined 
        pursuant to subsection (c)(1)) any qualified debt of an 
        eligible country; or
          (2) may reduce or cancel eligible debt of an eligible 
        country upon receipt of payment from an eligible payor 
        (as determined under subsection (c)(2)).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions under which qualified debt may be 
sold, reduced, or canceled pursuant to this section.
    (c) Eligible Purchasers and Eligible Payors.--
          (1) Sales of debt.--Qualified debt may be sold 
        pursuant to subsection (a)(1) only to a purchaser who 
        presents plans satisfactory to the President for using 
        the debt for the purpose of engaging in eligible debt 
        swaps.
          (2) Reduction or cancellation of debt.--Qualified 
        debt may be reduced or cancelled pursuant to subsection 
        (a)(2) only if the payor presents plans satisfactory to 
        the President for using such reduction or cancellation 
        for the purpose of facilitating eligible debt swaps.
    (d) Debtor Consultation and Right of First Refusal.--
          (1) Consultation.--Before selling, reducing, or 
        canceling any qualified debt of an eligible country 
        pursuant to this section, the President should consult 
        with that country concerning, among other things, the 
        amount of debt to be sold, reduced, or canceled and the 
        uses of such debt for eligible debt swaps.
          (2) Right of first refusal.--The qualified debt of an 
        eligible country may be sold, reduced, or cancelled 
        pursuant to this section only if that country has been 
        offered the opportunity to purchase that debt pursuant 
        to section 616 and has not accepted that offer.
    (e) Limitation.--In the aggregate, not more than 40 percent 
of the qualified debt of an eligible country may be sold, 
reduced, or cancelled under this section or sold under section 
616.
    (f) Administration.--The Facility shall notify the 
Commodity Credit Corporation of purchasers and payors the 
President has determined to be eligible under subsection (c), 
and shall direct the corporation to carry out the sale, 
reduction, or cancellation of a qualified debt pursuant to this 
section. The Commodity Credit Corporation shall make an 
adjustment in its accounts to reflect such sale, reduction, or 
cancellation.
    (g) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (h) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of qualified debt pursuant to this 
section shall be deposited in the United States Government 
account or accounts established for the repayment of such debt.
    (i) Eligible Debt Swaps.--As used in this section, the term 
``eligible debt swap'' means a debt-for-development swap or 
debt-for-nature swap.

SEC. 618.\30\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \30\ 7 U.S.C. 1738q. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.--The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs \31\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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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).
---------------------------------------------------------------------------
          (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.
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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]
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    \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\
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    \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'.''.
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                          statement of policy

    Section 1.\2\ (a) It is the sense of the Congress that--
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    \2\ 22 U.S.C. 1942.
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          (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.
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    \6\ 22 U.S.C. 1944.
    \7\ Public Law 87-41 appropriated ``$100,000,000, to remain 
available until expended.''
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                         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.
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    \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.
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    (b) Of the funds appropriated under section 2 of this Act 
not more than $800,000 shall be available only for assisting in 
transporting to and settling in Latin America selected 
immigrants from that portion of the Ryukyuan Archipelago under 
United States administration.
                  e. Assistance to the Middle East \1\

             (1) Middle East Peace Commitments Act of 2002

     Title VI, subtitle A of Public Law 107-228 [Foreign Relations 
   Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, 
                      approved September 30, 2002
---------------------------------------------------------------------------

    \1\ See also Syria Accountability and Lebanese Sovereignty 
Restoration Act of 2003 (Public Law 108-175), in Legislation on Foreign 
Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

                   TITLE VI--MISCELLANEOUS PROVISIONS

         Subtitle A--Middle East Peace Commitments Act of 2002

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Middle East Peace 
Commitments Act of 2002''.

SEC. 602. FINDINGS.

    Congress makes the following findings:
          (1) In 1993, the Palestine Liberation Organization 
        (in this subtitle referred to as the ``PLO'') made the 
        following commitments in an exchange of letters with 
        the Prime Minister of Israel:
                  (A) Recognition of the right of the State of 
                Israel to exist in peace and security.
                  (B) Acceptance of United Nations Security 
                Council Resolutions 242 and 338.
                  (C) Resolution of all outstanding issues in 
                the conflict between the two sides through 
                negotiations and exclusively peaceful means.
                  (D) Renunciation of the use of terrorism and 
                all other acts of violence and responsibility 
                over all PLO elements and personnel in order to 
                assure their compliance, prevent violations, 
                and discipline violators.
          (2) The Palestinian Authority, the governing body of 
        autonomous Palestinian territories, was created as a 
        result of agreements between the PLO and the State of 
        Israel that are a direct outgrowth of the commitments 
        made in 1993.
          (3) Congress has provided authorities to the 
        President to suspend certain statutory restrictions 
        relating to the PLO, subject to Presidential 
        certifications that the PLO has continued to abide by 
        commitments made.

SEC. 603. REPORTS.

    (a) In General.--The President shall, at the times 
specified in subsection (b), transmit to the appropriate 
congressional committees a report on compliance by the PLO or 
the Palestinian Authority, as appropriate, with each of the 
commitments specified in section 602(1). The report shall 
include, with respect to each such commitment, the 
determination of the President as to whether or not the PLO or 
the Palestinian Authority, as appropriate, has complied with 
that commitment during the period since the submission of the 
preceding report or, in the case of the initial report, during 
the preceding six-month period. In the event that the President 
imposed one or more sanctions under section 604 during the 
period covered by the report, the report shall include a 
description of each such sanction imposed.
    (b) Transmission.--The initial report required under 
subsection (a) shall be transmitted not later than 60 days 
after the date of enactment of this Act. Each subsequent report 
shall be submitted on the date on which the President is next 
required to submit a report under the P.L.O. Commitments 
Compliance Act of 1989 (title VIII of Public Law 101-246) and 
may be combined with such report.

SEC. 604. IMPOSITION OF SANCTIONS.

    (a) In General.--If, in any report transmitted pursuant to 
section 603, the President determines that the PLO or the 
Palestinian Authority, as appropriate, has not complied with 
each of the commitments specified in section 602(1), or if the 
President fails to make a determination with respect to such 
compliance, the President shall, for a period of time not less 
than the period described in subsection (b), impose one or more 
of the following sanctions:
          (1) Denial of visas to plo and palestinian authority 
        officials.--The Secretary shall direct consular 
        officers not to issue a visa to any member of the PLO 
        or any official of the Palestinian Authority.
          (2) Downgrade in status of plo office in the united 
        states.--Notwithstanding any other provision of law, 
        the President shall withdraw or terminate any waiver by 
        the President of the requirements of section 1003 of 
        the Foreign Relations Authorization Act of 1988 and 
        1989 (22 U.S.C. 5202) (prohibiting the establishment or 
        maintenance of a Palestinian information office in the 
        United States), and such section shall apply so as to 
        prohibit the operation of a PLO or Palestinian 
        Authority office in the United States from carrying out 
        any function other than those functions carried out by 
        the Palestinian information office in existence prior 
        to the Oslo Accords.
          (3) Designation as a foreign terrorist 
        organization.--The Secretary shall designate the PLO, 
        or one or more of its constituent groups (including 
        Fatah and Tanzim) or groups operating as arms of the 
        Palestinian Authority (including Force 17), as a 
        foreign terrorist organization, in accordance with 
        section 219(a) of the Immigration and Nationality Act.
          (4) Prohibition on united states assistance to the 
        west bank and gaza.--United States assistance (except 
        humanitarian assistance) may not be provided to 
        programs or projects in the West Bank or Gaza.
    (b) Duration of Sanctions.--The period of time referred to 
in subsection (a) is the period of time commencing on the date 
that the report pursuant to section 603 was transmitted and 
ending on the later of--
          (1) the date that is 180 days after such date; or
          (2) the date that the next report under section 603 
        is required to be transmitted.
    (c) Waiver Authority.--The President may waive any sanction 
imposed under subsection (a) if the President determines that 
such a waiver is in the national security interest of the 
United States. The President shall report such a determination 
to the appropriate congressional committees.
             (2) Middle East Peace Facilitation Act of 1995

 Title VI of Public Law 104-99 [Foreign Operations, Export Financing, 
 and Related Programs Appropriations Act, 1996, H.R. 1868, enacted by 
 reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 Stat. 26, 
 approved January 26, 1996; enacted again as Public Law 104-107 [H.R. 
            1868], 110 Stat. 704, approved February 12, 1996

          TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995

                              short title

    Sec. 601. This title may be cited as the ``Middle East 
Peace Facilitation Act of 1995''.

                                findings

    Sec. 602. The Congress finds that--
          (1) the Palestine Liberation Organization (hereafter 
        the ``P.L.O.'') has recognized the State of Israel's 
        right to exist in peace and security, accepted United 
        Nations Security Council Resolutions 242 and 338, 
        committed itself to the peace process and peaceful 
        coexistence with Israel, free from violence and all 
        other acts which endanger peace and stability, and 
        assumed responsibility over all P.L.O. elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the P.L.O. as the 
        representative of the Palestinian people;
          (3) Israel and the P.L.O. signed a Declaration of 
        Principles on Interim Self-Government Arrangements 
        (hereafter the ``Declaration of Principles'') on 
        September 13, 1993 at the White House;
          (4) Israel and the P.L.O. signed an Agreement on the 
        Gaza Strip and the Jericho Area (hereafter the ``Gaza-
        Jericho Agreement'') on May 4, 1994 which established a 
        Palestinian Authority for the Gaza and Jericho areas;
          (5) Israel and the P.L.O. signed an Agreement on 
        Preparatory Transfer of Powers and Responsibilities 
        (hereafter the ``Early Empowerment Agreement'') on 
        August 29, 1994 which provided for the transfer to the 
        Palestinian Authority of certain powers and 
        responsibilities in the West Bank outside of the 
        Jericho Area;
          (6) under the terms of the Israeli-Palestinian 
        Interim Agreement on the West Bank and Gaza (hereafter 
        the ``Interim Agreement) signed on September 28, 1995, 
        the Declaration of Principles, the Gaza-Jericho 
        Agreement and the Early Empowerment Agreement, the 
        powers and responsibilities of the Palestinian 
        Authority are to be assumed by an elected Palestinian 
        Council with jurisdiction in the West Bank and Gaza 
        Strip in accordance with the Interim Agreement;
          (7) permanent status negotiations relating to the 
        West Bank and Gaza Strip are scheduled to begin by May 
        1996;
          (8) the Congress has, since the conclusion of the 
        Declaration of Principles and the P.L.O.'s renunciation 
        of terrorism, provided authorities to the President to 
        suspend certain statutory restrictions relating to the 
        P.L.O., subject to Presidential certifications that the 
        P.L.O. has continued to abide by commitments made in 
        and in connection with or resulting from the good faith 
        implementation of, the Declaration of Principles;
          (9) the P.L.O. commitments relevant to Presidential 
        certifications have included commitments to renounce 
        and condemn terrorism, to submit to the Palestinian 
        National Council for former approval the necessary 
        changes to those articles of the Palestinian Covenant 
        which call for Israel's destruction, and to prevent 
        acts of terrorism and hostilities against Israel; and
          (10) the United States is resolute in its 
        determination to ensure that in providing assistance to 
        Palestinians living under the jurisdiction of the 
        Palestinian Authority or elsewhere, the beneficiaries 
        of such assistance shall be held to the same standard 
        of financial accountability and management control as 
        any other recipient of United States assistance.

                           sense of congress

    Sec. 603. It is the sense of the Congress that the P.L.O. 
must do far more to demonstrate an irrevocable denunciation of 
terrorism and ensure a peaceful settlement of the Middle East 
dispute, and in particular it must--
          (1) submit to the Palestinian National Council for 
        formal approval the necessary changes to those articles 
        of the Palestinian National Covenant which call for 
        Israel's destruction;
          (2) make greater efforts to pre-empt acts of terror, 
        discipline violators and contribute to stemming the 
        violence that has resulted in the deaths of over 140 
        Israeli and United States citizens since the signing of 
        the Declaration of Principles;
          (3) prohibit participation in its activities and in 
        the Palestinian Authority and its successors by any 
        groups or individuals which continue to promote and 
        commit acts of terrorism;
          (4) cease all anti-Israel rhetoric, which potentially 
        undermines the peace process;
          (5) confiscate all unlicensed weapons;
          (6) transfer and cooperate in transfer proceedings 
        relating to any person accused by Israel to acts of 
        terrorism; and
          (7) respect civil liberties, human rights and 
        democratic norms.

                authority to suspend certain provisions

    Sec. 604. (a) In General.--Subject to subsection (b), 
beginning on the date of enactment of this Act and for eighteen 
months thereafter, the President may suspend for a period of 
not more than 6 months at a time any provision of law specified 
in subsection (d). Any such suspension shall cease to be 
effective after 6 months, or at such earlier date as the 
President may specify.
    (b) Conditions.--
          (1) \1\ Consultations.--Prior to each exercise of the 
        authority provided in subsection (a) or certification 
        pursuant to subsection (c), the President shall consult 
        with the relevant congressional committees. The 
        President may not exercise that authority or make such 
        certification until 30 days after a written policy 
        justification is submitted to the relevant 
        congressional committees.
---------------------------------------------------------------------------
    \1\ Responsibilities delegated to the President in paras. (1) and 
(5) of subsec. (b) were redelegated by the President to the Secretary 
of State in a Presidential memorandum of February 29, 1996 (61 F.R. 
9889).
---------------------------------------------------------------------------
          (2) Presidential Certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees each time he exercises such 
        authority that--
                  (A) it is in the national interest of the 
                United States to exercise such authority;
                  (B) the P.L.O., the Palestinian Authority, 
                and successor entities are complying with all 
                the commitments described in paragraph (4); and
                  (C) funds provided pursuant to the exercise 
                of this authority and the authorities under 
                section 583(a) of Public Law 103-236 and 
                section 3(a) of Public Law 103-125 have been 
                used for the purposes for which they were 
                intended.
          (3) Requirement for continuing p.l.o. compliance.--
        (A) The President shall ensure that P.L.O. performance 
        is continuously monitored and if the President at any 
        time determines that the P.L.O. has not continued to 
        comply with all the commitments described in paragraph 
        (4), he shall so notify the relevant congressional 
        committees and any suspension under subsection (a) of a 
        provision of law specified in subsection (d) shall 
        cease to be effective.
          (B) Beginning six months after the date of enactment 
        of this Act, if the President on the basis of the 
        continuous monitoring of the P.L.O.'s performance 
        determines that the P.L.O. is not complying with the 
        requirements described in subsection (c), he shall so 
        notify the relevant congressional committees and no 
        assistance shall be provided pursuant to the exercise 
        by the President of the authority provided by 
        subsection (a) until such time as the President makes 
        the certification provided for in subsection (c).
          (4) P.L.O. commitments described.--The commitments 
        referred to in paragraphs (2)(B) and (3)(A) are the 
        commitments made by the P.L.O--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel; in its letter of 
                September 9, 1993, to the Foreign Minister of 
                Norway to--
                          (i) recognize the right of the State 
                        of Israel to exist in peace and 
                        security;
                          (ii) accept United Nations Security 
                        Council Resolutions 242 and 338;
                          (iii) renounce the use of terrorism 
                        and other acts of violence;
                          (iv) assume responsibility over all 
                        P.L.O. elements and personnel in order 
                        to assure their compliance, prevent 
                        violations and discipline violators;
                          (v) call upon the Palestinian people 
                        in the West Bank and Gaza Strip to take 
                        part in the steps leading to the 
                        normalization of life, rejecting 
                        violence and terrorism, and 
                        contributing to peace and stability; 
                        and
                          (vi) submit to the Palestine National 
                        Council for formal approval the 
                        necessary changes to the Palestinian 
                        National Covenant eliminating calls for 
                        Israel's destruction, and
                  (B) in, and resulting from, the good faith 
                implementation of the Declaration of 
                Principles, including good faith implementation 
                of subsequent agreements with Israel, with 
                particular attention to the objective of 
                preventing terrorism, as reflected in the 
                provisions of the Interim Agreement 
                concerning--
                          (i) prevention of acts of terrorism 
                        and legal measures against terrorists, 
                        including the arrest and prosecution of 
                        individuals suspected of perpetrating 
                        acts of violence and terror;
                          (ii) abstention from and prevention 
                        of incitement, including hostile 
                        propaganda;
                          (iii) operation of armed forces other 
                        than the Palestinian Police;
                          (iv) possession, manufacture, sale, 
                        acquisition or importation of weapons;
                          (v) employment of police who have 
                        been convicted of serious crimes or 
                        have been found to be actively involved 
                        in terrorist activities subsequent to 
                        their employment;
                          (vi) transfers to Israel of 
                        individuals suspected of, charged with, 
                        or convicted of an offense that falls 
                        within Israeli criminal jurisdiction;
                          (vii) cooperation with the government 
                        of Israel in criminal matters, 
                        including cooperation in the conduct of 
                        investigations; and
                          (viii) exercise of powers and 
                        responsibilities under the agreement 
                        with due regard to internationally 
                        accepted norms and principles of human 
                        rights and the rule of law.
          (5) \1\ Policy justification.--As part of the 
        President's written policy justification to be 
        submitted to the relevant Congressional Committees 
        pursuant to paragraph (1), the President will report 
        on--
                  (A) the manner in which the P.L.O. has 
                complied with the commitments specified in 
                paragraph (4), including responses to 
                individual acts of terrorism and violence, 
                actions to discipline perpetrators of terror 
                and violence, and actions to preempt acts of 
                terror and violence;
                  (B) the extent to which the P.L.O. has 
                fulfilled the requirements specified in 
                subsection (c);
                  (C) actions that the P.L.O. has taken with 
                regard to the Arab League boycott of Israel;
                  (D) the status and activities of the P.L.O. 
                office in the United States;
                  (E) all United States assistance which 
                benefits, directly or indirectly, the projects, 
                programs, or activities of the Palestinian 
                Authority in Gaza, Jericho, or any other area 
                it may control, since September 13, 1993, 
                including--
                          (i) the obligation and disbursal of 
                        such assistance, by project, activity, 
                        and date, as well as by prime 
                        contractor and all subcontractors;
                          (ii) the organizations or individuals 
                        responsible for the receipt and 
                        obligation of such assistance;
                          (iii) the intended beneficiaries of 
                        such assistance; and
                          (iv) the amount of international 
                        donor funds that benefit the P.L.O. or 
                        the Palestinian Authority in Gaza, 
                        Jericho, or any other area the P.L.O. 
                        or the Palestinian Authority may 
                        control, and to which the United States 
                        is a contributor; and
                  (F) statements by senior officials of the 
                P.L.O., the Palestinian Authority, and 
                successor entities that question the right of 
                Israel to exist or urge armed conflict with or 
                terrorism against Israel or its citizens, 
                including an assessment of the degree to which 
                such statements reflect official policy of the 
                P.L.O., the Palestinian Authority, or successor 
                entities.
    (c) Requirement for Continued Provision of Assistance.--Six 
months after the enactment of this Act, United States 
assistance shall not be provided pursuant to the exercise by 
the President of the authority provided by subsection (a), 
unless and until the President determines and so certifies to 
the Congress that--
          (1) if the Palestinian Council has been elected and 
        assumed its responsibilities, it has, within 2 months, 
        effectively disavowed and thereby nullified the 
        articles of the Palestine National Covenant which call 
        for Israel's destruction, unless the necessary changes 
        to the Covenant have already been approved by the 
        Palestine National Council;
          (2) the P.L.O., the Palestinian Authority, and 
        successor entities have exercised their authority 
        resolutely to establish the necessary enforcement 
        institutions; including laws, police, and a judicial 
        system, for apprehending, transferring, prosecuting, 
        convicting, and imprisoning terrorists;
          (3) \2\ the P.L.O., has limited participation in the 
        Palestinian Authority and its successors to individuals 
        and groups that neither engage in nor practice 
        terrorism or violence in the implementation of their 
        political goals;
---------------------------------------------------------------------------
    \2\ As enrolled. Should probably read ``the P.L.O. has limited 
participation''.
---------------------------------------------------------------------------
          (4) the P.L.O., the Palestinian Authority, and 
        successor entities have not provided any financial or 
        material assistance or training to any group, whether 
        or not affiliated with the P.L.O., to carry out actions 
        inconsistent with the Declaration of Principles, 
        particularly acts of terrorism against Israel;
          (5) the P.L.O., the Palestinian Authority, or 
        successor entities have cooperated in good faith with 
        Israeli authorities in--
                  (A) the preemption of acts of terrorism;
                  (B) the apprehension, trial, and punishment 
                of individuals who have planned or committed 
                terrorist acts subject to the jurisdiction of 
                the Palestinian Authority or any successor 
                entity; and
                  (C) the apprehension of and transfer to 
                Israeli authorities of individuals suspected 
                of, charged with, or convicted of, planning or 
                committing terrorist acts subject to Israeli 
                jurisdiction in accordance with the specific 
                provisions of the Interim Agreement;
          (6) the P.L.O., the Palestinian Authority, and 
        successor entities have exercised their authority 
        resolutely to enact and implement laws requiring the 
        disarming of civilians not specifically licensed to 
        possess or carry weapons;
          (7) the P.L.O., the Palestinian Authority, and 
        successor entities have not funded, either partially or 
        wholly, or have ceased funding, either partially or 
        wholly, any office, or other presence of the 
        Palestinian Authority in Jerusalem unless established 
        by specific agreement between Israel and the P.L.O., 
        the Palestinian Authority, or successor entities;
          (8) the P.L.O., the Palestinian Authority, and 
        successor entities are cooperating fully with the 
        Government of the United States on the provision of 
        information on United States nationals known to have 
        been held at any time by the P.L.O. or factions 
        thereof; and
          (9) the P.L.O., the Palestinian Authority, and 
        successor entities have not, without the agreement of 
        the Government of Israel, taken any steps that will 
        change the status of Jerusalem or the West Bank and 
        Gaza Strip, pending the outcome of the permanent status 
        negotiations.
    (d) \3\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \3\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law as they applied to the P.L.O. or 
entities associated with it if certain conditions were met and the 
President so certified and consulted with relevant congressional 
committees. This authority was continued in the Middle East Peace 
Facilitation Act of 1994 (Public Law 103-236), and again in the Middle 
East Peace Facilitation Act of 1995 (Public Law 104-107).
    The President issued certifications, as provided for in the 1993, 
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by 
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); 
until July 1, 1995, by Presidential Determination No. 95-12 of December 
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential 
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 
F.R. 44725); until November 1, 1995, by Presidential Determination No. 
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, 
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 
57821); until March 31, 1996, by Presidential Determination No. 96-8 of 
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential 
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 
F.R. 32629); until February 12, 1997, by Presidential Determination No. 
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102); see secs. 
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless 
the Secretary of State certifies that certain conditions have been met 
pertaining to Palestinian statehood, sec. 558, prohibiting assistance 
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank 
and Gaza Program.
    On December 5, 1997, the President waived the provisions of sec. 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 
F.R. 24852); through October 17, 2001 (Presidential Determination No. 
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002 
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R. 
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003 
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R. 
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R. 
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R. 
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006 
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R. 
62225).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227) \4\ as it applies with respect to the 
        P.L.O. or entities associated with it.
---------------------------------------------------------------------------
    \4\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, fiscal years 1984 and 1985 (22 
        U.S.C. 287e note) \5\ as it applies with respect to the 
        P.L.O. or entities associated with it.
---------------------------------------------------------------------------
    \5\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, fiscal years 1988 and 1989 (22 
        U.S.C. 5202).\6\
---------------------------------------------------------------------------
    \6\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286W) \7\ as it applies on the granting to the 
        P.L.O. of observer status or other official status at 
        any meeting sponsored by or associated with the 
        International Monetary Fund. As used in this paragraph, 
        the term ``other official status'' does not include 
        membership in the International Monetary Fund.
---------------------------------------------------------------------------
    \7\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------
    (e) Definitions.--As used in this title:
          (1) Relevant Congressional Committees.--The term 
        ``relevant congressional committees'' mean--
                  (A) the Committee on International Relations, 
                the Committee on Banking and Financial 
                Services, and the Committee on Appropriations 
                of the House of Representatives; and
                  (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
          (2) United States Assistance.--The term ``United 
        States assistance'' means any form of grant, loan, loan 
        guarantee, credit, insurance, in kind assistance, or 
        any other form of assistance.

                          transition provision

    Sec. 605. (a) In General.--Section 583(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236) is amended by striking ``November 1, 1995'' and 
inserting ``January 1, 1996''.\8\
---------------------------------------------------------------------------
    \8\ For amended text, see page 305.
---------------------------------------------------------------------------
    (b) Consultation.--For purposes of any exercise of the 
authority provided in section 583(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) prior to November 15, 1995, the written policy 
justification dated June 1, 1995, and submitted to the Congress 
in accordance with section 583(b)(1) of such Act, and the 
consultations associated with such policy justification, shall 
be deemed to satisfy the requirements of section 583(b)(1) of 
such Act.

                         reporting requirement

    Sec. 606. Section 804(b) of the P.L.O. Commitments 
Compliance Act of 1989 (title VIII of Public Law 101-246) is 
amended--\9\
---------------------------------------------------------------------------
    \9\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (1) in the matter preceding paragraph (1), by 
        striking ``section (3)(b)(1) of the Middle East Peace 
        Facilitation Act of 1994'' and inserting ``section 
        604(b)(1) of the Middle East Peace Facilitation Act of 
        1995''; and
          (2) in paragraph (1), by striking ``section (4)(a) of 
        the Middle East Peace Facilitation Act of 1994 (Oslo 
        commitments)'' and inserting ``section 604(b)(4) of the 
        Middle East Peace Facilitation Act of 1995''.
             (3) Middle East Peace Facilitation Act of 1994

Title V, Part E of Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 488, approved 
  April 23, 1994; amended by Public Law 103-306 [Foreign Operations, 
 Export Financing, and Related Programs Appropriations Act, 1995; H.R. 
4426], 108 Stat. 1608, approved August 23, 1994; Public Law 104-17 (109 
 Stat. 191), approved July 2, 1995; Public Law 104-22 (109 Stat. 260), 
 approved August 14, 1995; Public Law 104-30 (109 Stat. 277), approved 
    September 30, 1995; Public Law 104-47 (109 Stat. 423), approved 
November 13, 1995; Public Law 104-89 (109 Stat. 960), approved January 
     4, 1996; and by Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996, H.R. 1868, 
enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 
 Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
       107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996

                 PART E--MIDDLE EAST PEACE FACILITATION

SEC. 581. SHORT TITLE.

    This part may be cited as the ``Middle East Peace 
Facilitation Act of 1994''.

SEC. 582. FINDINGS.

    The Congress finds that--
          (1) the Palestine Liberation Organization has 
        recognized the State of Israel's right to exist in 
        peace and security; accepted United Nations Security 
        Council Resolutions 242 and 338; committed itself to 
        the peace process and peaceful coexistence with Israel, 
        free from violence and all other acts which endanger 
        peace and stability; and assumed responsibility over 
        all Palestine Liberation Organization elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the Palestine Liberation 
        Organization as the representative of the Palestinian 
        people;
          (3) Israel and the Palestine Liberation Organization 
        signed a Declaration of Principles on Interim Self-
        Government Arrangements on September 13, 1993, at the 
        White House;
          (4) the United States has resumed a bilateral 
        dialogue with the Palestine Liberation Organization; 
        and
          (5) in order to implement the Declaration of 
        Principles on Interim Self-Government Arrangements and 
        facilitate the Middle East peace process, the President 
        has requested flexibility to suspend certain provisions 
        of law pertaining to the Palestine Liberation 
        Organization.

SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) In General.--Subject to subsection (b), beginning July 
1, 1994, the President may suspend for a period of not more 
than 6 months any provision of law specified in subsection (c). 
The President may continue the suspension for a period or 
periods of not more than 6 months until March 31, 1996,\1\ if, 
before each such period, the President satisfies the 
requirements of subsection (b). Any suspension shall cease to 
be effective after 6 months, or at such earlier date as the 
President may specify.
---------------------------------------------------------------------------
    \1\ Sec. 1 of Public Law 104-17 (109 Stat. 191) extended this 
authority from July 1, 1995 to August 15, 1995. Further extensions were 
provided in Public Law 104-22 (109 Stat. 260)--extending to October 1, 
1995; Public Law 104-30 (109 Stat. 277)--extending to November 1, 1995; 
Public Law 104-47 (109 Stat. 423)--extending to December 31, 1995; and 
Public Law 104-89 (109 Stat. 960)--extending to March 31, 1996. The 
latter extensions further provided the following, with appropriate 
dates adjusted:
    ``(b) Consultation.--For purposes of any exercise of the authority 
provided in section 583(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to January 10, 
1996, the written policy justification dated December 1, 1995, and 
submitted to the Congress in accordance with section 583(b)(1) of such 
Act, shall be deemed to satisfy the requirements of section 583(b)(1) 
of such Act.''.
    Sec. 605(a) Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 760), 
struck out ``November 1, 1995'' and inserted in lieu thereof ``January 
1, 1996'', an amendment already similarly provided in Public Law 104-47 
and further amended by Public Law 104-89.
---------------------------------------------------------------------------
    (b) Conditions.--
          (1) \2\ Consultation.--Prior to each exercise of the 
        authority provided in subsection (a), the President 
        shall consult with the relevant congressional 
        committees. The President may not exercise that 
        authority until 30 days after a written policy 
        justification is submitted to the relevant 
        congressional committees.
---------------------------------------------------------------------------
    \2\ In a July 26, 1994, memorandum the President delegated 
responsibility of fulfilling functions in paras. (1) and (6) to the 
Secretary of State.
---------------------------------------------------------------------------
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees each time he exercises such 
        authority that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (c) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel; in its letter of 
                September 9, 1993, to the Foreign Minister of 
                Norway to--
                          (i) recognize the right of the State 
                        of Israel to exist in peace and 
                        security;
                          (ii) accept United Nations Security 
                        Council Resolutions 242 and 338;
                          (iii) renounce the use of terrorism 
                        and other acts of violence;
                          (iv) assume responsibility over all 
                        PLO elements and personnel in order to 
                        assure their compliance, prevent 
                        violations and discipline violators;
                          (v) call upon the Palestinian people 
                        in the West Bank and Gaza Strip to take 
                        part in the steps leading to the 
                        normalization of life, rejecting 
                        violence and terrorism, and 
                        contributing to peace and stability; 
                        and
                          (vi) submit to the Palestine National 
                        Council for formal approval the 
                        necessary changes to the Palestinian 
                        National Covenant eliminating calls for 
                        Israel's destruction, and
                  (B) in, and resulting from, the good faith 
                implementation of, the Declaration of 
                Principles on Interim Self-Government 
                Arrangements signed on September 13, 1993.
          (5) Expectation of congress regarding any extension 
        of presidential authority.--The Congress expects that 
        any extension of the authority provided to the 
        President in subsection (a) will be conditional on the 
        Palestine Liberation Organization--
                  (A) renouncing the Arab League boycott of 
                Israel;
                  (B) urging the nations of the Arab League to 
                end the Arab League boycott of Israel;
                  (C) cooperating with efforts undertaken by 
                the President of the United States to end the 
                Arab League boycott of Israel; \3\
---------------------------------------------------------------------------
    \3\ Sec. 565A of Public Law 103-306 (108 Stat. 1650) struck out 
``and'' at the end of subpara. (C); struck out the period at the end of 
subpara. (D) and inserted in lieu thereof ``; and''; and added subpara. 
(E).
---------------------------------------------------------------------------
                  (D) condemning individual acts of terrorism 
                and violence; and \3\
                  (E) \3\ amending its National Covenant to 
                eliminate all references calling for the 
                destruction of Israel.
          (6) Reporting requirement.--As part of the 
        President's written policy justification referred to in 
        paragraph (1), the President will report on the PLO's 
        response to individual acts of terrorism and violence, 
        as well as its actions concerning the Arab League 
        boycott of Israel as enumerated in paragraph (5) and on 
        the status of the PLO office in the United States as 
        enumerated in subsection (c)(3).
    (c) \4\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \4\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law as they applied to the P.L.O. or 
entities associated with it if certain conditions were met and the 
President so certified and consulted with relevant congressional 
committees. This authority was continued in the Middle East Peace 
Facilitation Act of 1994 (Public Law 103-236), and again in the Middle 
East Peace Facilitation Act of 1995 (Public Law 104-107).
    The President issued certifications, as provided for in the 1993, 
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by 
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); 
until July 1, 1995, by Presidential Determination No. 95-12 of December 
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential 
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 
F.R. 44725); until November 1, 1995, by Presidential Determination No. 
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, 
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 
57821); until March 31, 1996, by Presidential Determination No. 96-8 of 
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential 
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 
F.R. 32629); until February 12, 1997, by Presidential Determination No. 
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102); see secs. 
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless 
the Secretary of State certifies that certain conditions have been met 
pertaining to Palestinian statehood, sec. 558, prohibiting assistance 
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank 
and Gaza Program.
    On December 5, 1997, the President waived the provisions of sec. 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 
F.R. 24852); through October 17, 2001 (Presidential Determination No. 
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002 
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R. 
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003 
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R. 
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R. 
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R. 
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006 
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R. 
62225).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227) \5\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \5\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, Fiscal years 1984 and 1985 (22 
        U.S.C. 287e note) \6\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \6\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, Fiscal years 1988 and 1989 (22 
        U.S.C. 5202).\7\
---------------------------------------------------------------------------
    \7\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286w) \8\ as it applies to the granting to the 
        Palestine Liberation Organization of observer status or 
        other official status at any meeting sponsored by or 
        associated with the International Monetary Fund. As 
        used in this paragraph, the term ``other official 
        status'' does not include membership in the 
        International Monetary Fund.
---------------------------------------------------------------------------
    \8\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------
    (d) Relevant Congressional Committees Defined.--As used in 
this section, the term ``relevant congressional committees'' 
means--
          (1) the Committee on Foreign Affairs, the Committee 
        on Banking, Finance and Urban Affairs, and the 
        Committee on Appropriations of the House of 
        Representatives; \9\ and
---------------------------------------------------------------------------
    \9\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Sec. 1(a)(5) of that Act provided that references to 
the Committee on Foreign Affairs of the House of Representatives shall 
be treated as referring to the Committee on International Relations of 
the House of Representatives.
---------------------------------------------------------------------------
          (2) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate.
             (4) Middle East Peace Facilitation Act of 1993

  Public Law 103-125 [S. 1487], 107 Stat. 1309, approved October 28, 
1993; amended by Public Law 103-166 [S. 1667], 107 Stat. 1978, approved 
                            December 2, 1993

  AN ACT Entitled the ``Middle East Peace Facilitation Act of 1993''.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Middle East Peace 
Facilitation Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) the Palestine Liberation Organization has 
        recognized the State of Israel's right to exist in 
        peace and security; accepted United Nations Security 
        Council resolutions 242 and 338; committed itself to 
        the peace process and peaceful coexistence with Israel, 
        free from violence and all other acts which endanger 
        peace and stability; and assumed responsibility over 
        all Palestine Liberation Organization elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the Palestine Liberation 
        Organization as the representative of the Palestinian 
        people;
          (3) Israel and the Palestine Liberation Organization 
        signed a Declaration of Principles on Interim Self-
        Government Arrangements on September 13, 1993, at the 
        White House;
          (4) the United States has resumed a bilateral 
        dialogue with the Palestine Liberation Organization; 
        and
          (5) in order to implement the Declaration of 
        Principles on Interim Self-Government Arrangements and 
        facilitate the Middle East peace process, the President 
        has requested flexibility to suspend certain provisions 
        of law pertaining to the Palestine Liberation 
        Organization.

SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) In General.--Subject to subsection (b), the President 
may suspend any provision of law specified in subsection (d). 
Any such suspension shall cease to be effective on July 1, 
1994,\1\ or such earlier date as the President may specify.
---------------------------------------------------------------------------
    \1\ Sec. 1 of Public Law 103-166 (107 Stat. 1978) struck out 
``January 1'' and inserted in lieu thereof ``July 1''.
---------------------------------------------------------------------------
    (b) Conditions.--
          (1) Consultation.--Before exercising the authority 
        provided in subsection (a), the President shall consult 
        with the relevant congressional committees.
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (d) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel;
                  (B) in its letter of September 9, 1993, to 
                the Foreign Minister of Norway; and
                  (C) in, and resulting from the implementation 
                of, the Declaration of Principles on Interim 
                Self-Government Arrangements signed on 
                September 13, 1993.
    (c) Expectation of Congress Regarding Any Extension of 
Presidential Authority.--The Congress expects that any 
extension of the authority provided to the President in 
subsection (a) will be conditional on the Palestine Liberation 
Organization--
          (1) renouncing the Arab League boycott of Israel;
          (2) urging the nations of the Arab League to end the 
        Arab League boycott of Israel; and
          (3) cooperating with efforts undertaken by the 
        President of the United States to end the Arab League 
        boycott of Israel.
    (d) \2\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
---------------------------------------------------------------------------
    \2\ In memoranda for the Secretary of State, the President has 
certified that it is in the national interests to suspend the 
application of these provisions of law. Presidential Determination No. 
94-13 of January 14, 1994 (59 F.R. 4777) suspended the application 
until July 1, 1994; Presidential Determination No. 94-30 of June 30, 
1994 (59 F.R. 35607) suspended the application until January 1, 1995 
(pursuant to Public Law 103-236). Presidential Determination No. 95-12 
of December 31, 1994 (60 F.R. 2673) suspended the application until 
July 1, 1995 (pursuant to Public Law 103-236).
---------------------------------------------------------------------------
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227) \3\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \3\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          (2) Section 114 of the Department of State 
        Authorization Act, Fiscal Years 1984 and 1985 (22 
        U.S.C. 287e note) \4\ as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \4\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (22 
        U.S.C. 5202).\5\
---------------------------------------------------------------------------
    \5\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286w) \6\ as it applies to the granting to the 
        Palestine Liberation Organization of observer status or 
        other official status at any meeting sponsored by or 
        associated with the International Monetary Fund. As 
        used in this paragraph, the term ``other official 
        status'' does not include membership in the 
        International Monetary Fund.
---------------------------------------------------------------------------
    \6\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III.
---------------------------------------------------------------------------
    (e) Relation to Other Authorities.--This section supersedes 
section 578 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1994 (Public Law 103-87).
    (f) Relevant Congressional Committees Defined.--As used in 
this section, the term ``relevant congressional committees'' 
means--
          (1) the Committee on Foreign Affairs, the Committee 
        on Banking, Finance and Urban Affairs, and the 
        Committee on Appropriations of the House of 
        Representatives; \7\ and
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Sec. 1(a)(5) of that Act provided that references to 
the Committee on Foreign Affairs of the House of Representatives shall 
be treated as referring to the Committee on International Relations of 
the House of Representatives.
---------------------------------------------------------------------------
          (2) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate.
 (5) Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991

  Public Law 102-45 [H.R. 2122], 105 Stat. 247, approved May 17, 1991

 AN ACT To authorize emergency humanitarian assistance for fiscal year 
 1991 for Iraqi refugees and other persons in and around Iraq who are 
          displaced as a result of the Persian Gulf conflict.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Persian Gulf Refugee Assistance Act of 1991''.

SEC. 2. EMERGENCY ASSISTANCE FOR REFUGEES.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated as supplemental appropriations for fiscal 
year 1991 for emergency humanitarian assistance for Iraqi 
refugees and other persons in and around Iraq who are displaced 
as a result of the Persian Gulf conflict, and to reimburse 
appropriations accounts from which such assistance was provided 
before the date of the enactment of this Act--
          (1) up to $150,000,000 for ``International Disaster 
        Assistance'' under chapter 9 of part I of the Foreign 
        Assistance Act of 1961; and
          (2) up to $200,000,000 for ``Migration and Refugee 
        Assistance'' for the Department of State.
    (b) Emergency Migration and Refugee Assistance.--For 
purposes of section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962, the limitation on appropriations for 
the ``United States Emergency Refugee and Migration Assistance 
Fund'' for fiscal year 1991 shall be deemed to be $75,000,000.
    (c) Contributions to International Peacekeeping 
Activities.--There are authorized to be appropriated as 
supplemental appropriations for fiscal year 1991 for 
peacekeeping activities in the Persian Gulf region and to 
reimburse accounts for which such activities have been funded 
before the date of enactment of this Act up to $50,000,000 for 
``Contributions to International Peacekeeping Activities'' for 
the Department of State.
    (d) Other Authorities.--
          (1) International disaster assistance.--Amounts 
        obligated for fiscal year 1991 under the authority of 
        section 492(b) of the Foreign Assistance Act of 1961 to 
        provide international disaster assistance in connection 
        with the Persian Gulf crisis shall not be counted 
        against the ceiling limitation of such section.
          (2) Special authority.--The value of any defense 
        articles, defense services, and military education and 
        training authorized to be drawndown by the President on 
        April 19, 1991, under the authority of section 
        506(a)(2)(B) of the Foreign Assistance Act of 1961 
        shall not be counted against the ceiling limitation of 
        such section.
          (3) Agricultural trade development and assistance act 
        of 1954 (public law 480).--Notwithstanding subsections 
        (b) and (c) of section 412 of the Agricultural Trade 
        Development and Assistance Act of 1954 or any other 
        provision of law, funds made available for any title of 
        such Act by the Rural Development, Agriculture, and 
        Related Agencies Appropriations Act, 1991, may be used 
        for purposes of title II of the Agricultural Trade 
        Development and Assistance Act of 1954.
    (d) Waiver of Country Specific Restrictions.--Assistance 
may be provided under this section notwithstanding any 
provision of law which restricts assistance to particular 
countries.
    (e) Availability of Funds.--Amounts authorized to be 
appropriated under this section are authorized to remain 
available until expended.
    (f) Sources of Funds.--Notwithstanding any other provision 
of law, amounts authorized to be appropriated under this 
section are authorized to be appropriated from the Defense 
Cooperation Account of the United States Treasury, the Persian 
Gulf Regional Defense Fund of the United States Treasury, or 
the General Fund of the Treasury.
    (g) Designation as Emergency for Budgetary Purposes.--Funds 
authorized to be appropriated under this section may be 
designated emergency requirements pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
      (6) Emergency Supplemental Assistance for Israel Act of 1991

  Public Law 102-21 [H.R. 1284], 105 Stat. 70, approved March 28, 1991

 AN ACT To authorize emergency supplemental assistance for Israel for 
  additional costs incurred as a result of the Persian Gulf conflict.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Assistance for Israel Act of 1991''.

SEC. 2. EMERGENCY ASSISTANCE FOR ISRAEL.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated as emergency supplemental appropriations for 
fiscal year 1991 for assistance under chapter 4 of part II of 
the Foreign Assistance Act of 1961 (relating to the economic 
support fund) $650,000,000 for additional costs resulting from 
the conflict in the Persian Gulf region.
    (b) Cash Grant for Israel.--Funds appropriated pursuant to 
the authorization contained in subsection (a) shall be 
available only for assistance for Israel. Such assistance shall 
be provided on a grant basis as a cash transfer. Funds provided 
to Israel under this section may be used by Israel for 
incremental costs associated with the conflict in the Persian 
Gulf region without regard to section 531(e) of the Foreign 
Assistance Act of 1961.
    (c) Designation as Emergency for Budgetary Purposes.--Funds 
authorized to be appropriated under this section are designated 
emergency requirements pursuant to section 251(b)(2)(D)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
 (7) Jordan Supplemental Economic Assistance Authorization Act of 1985

  Partial text of Public Law 99-88 [Supplemental Appropriations Act, 
        1985; H.R. 2577], 99 Stat. 376, approved August 15, 1985

 AN ACT Making supplemental appropriations for the fiscal year ending 
              September 30, 1985, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide supplemental 
appropriations for the fiscal year ending September 30, 1985, 
and for other purposes.
          * * * * * * *

 TITLE IV--AUTHORIZATION OF ECONOMIC SUPPORT FUND ASSISTANCE FOR JORDAN

                              short title

    Sec. 401. This title may be cited as the ``Jordan 
Supplemental Economic Assistance Authorization Act of 1985''.

                         economic support fund

    Sec. 402. (a)(1) In addition to funds otherwise available 
for such purposes for such fiscal year, there are authorized to 
be appropriated to the President to carry out chapter 4 of part 
II of the Foreign Assistance Act of 1961, $250,000,000 for the 
fiscal year 1985, which amount shall be available only for 
Jordan.
    (2) Of the funds authorized to be appropriated by paragraph 
(1)--
          (A) for the fiscal year 1985, $50,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance;
          (B) for the fiscal year 1986, $50,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance; and
          (C) for the fiscal year 1987, $60,000,000 shall be 
        available only for commodity import programs and 
        $30,000,000 shall be available only for project 
        assistance.
    (b) Amounts appropriated to carry out this section are 
authorized to remain available until September 30, 1987.\1\
---------------------------------------------------------------------------
    \1\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of the Continuing Appropriations 
Act, 1987; Public Law 99-591; 100 Stat. 3341), provided:
    ``Economic support fund: * * * Provided further, That up to 
$15,000,000 shall be made available for Jordan in addition to funds 
otherwise made available by this paragraph and allocated to Jordan: * * 
*''.
---------------------------------------------------------------------------

                                 policy

    Sec. 403. (a) Sense of Congress.--It is the sense of 
Congress that no foreign military sales financing authorized by 
this Act may be used to finance the procurement by Jordan of 
United States advanced aircraft, new air defense weapons 
systems, or other new advanced military weapons systems, and no 
notification may be made pursuant to section 36(b) of the Arms 
Export Control Act with respect to a proposed sale to Jordan of 
United States advanced aircraft, new air defense systems, or 
other new advanced military weapons systems, unless Jordan is 
publicly committed to the recognition of Israel and to 
negotiate promptly and directly with Israel under the basic 
tenets of United Nations Security Council Resolutions 242 and 
338.
    (b) Certification.--Any notification made pursuant to 
section 36(b) of the Arms Export Control Act with respect to a 
proposed sale to Jordan of United States advanced aircraft, new 
air defense systems or other new advanced military weapons, 
must be accompanied by a Presidential certification of Jordan's 
public commitment to the recognition of Israel and to negotiate 
promptly and directly with Israel under the basic tenets of 
United Nations Security Council Resolutions 242 and 338.
            (8) Lebanon Emergency Assistance Act of 1983 \1\

    Public Law 98-43 [S. 639], 97 Stat. 214, approved June 27, 1983

     AN ACT To authorize supplemental assistance to aid Lebanon in 
    rebuilding its economy and armed forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also the Multinational Force in Lebanon Resolution, 
Legislation on Foreign Relations Through 2005, vol. II.
---------------------------------------------------------------------------

                              short title

    Section 1. This Act may be cited as the ``Lebanon Emergency 
Assistance Act of 1983''.

                         economic support fund

    Sec. 2. (a) It is hereby determined that the national 
interests of the United States would be served by the 
authorization and appropriation of additional funds for 
economic assistance for Lebanon in order to promote the 
economic and political stability of that country and to support 
the international effort to strengthen a sovereign and 
independent Lebanon.
    (b) Accordingly, in addition to amounts otherwise 
authorized to be appropriated for the fiscal year 1983 to carry 
out the provisions of chapter 4 of part II of the Foreign 
Assistance Act of 1961, there are authorized to be appropriated 
$150,000,000 to carry out such provisions with respect to 
Lebanon.\2\
---------------------------------------------------------------------------
    \2\ The Supplemental Appropriations Act, 1983 (Public Law 98-63; 97 
Stat. 317), provided the following:
---------------------------------------------------------------------------

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

    ``For an additional amount for the `Economic Support Fund', 
$301,250,000: Provided, That $150,000,000 of this amount shall be 
available only for Lebanon, to remain available until expended.''.
    Subsequently, title II of the Foreign Assistance and Related 
Programs Appropriations Act, 1986 (Further Continuing Appropriations 
Act, 1986, Public Law 99-190; 99 Stat. 1299), provided the following 
transfer of funds appropriated in the Supplemental Appropriations Act, 
1983 (Public Law 98-63):
    ``Transfer of funds: Of the unobligated funds remaining from funds 
appropriated for the `Economic support fund' for Lebanon in Public Law 
98-63, $22,850,000, shall be transferred as follows: (1) $12,500,000 to 
the `Child Survival Funds,' (2) $5,350,000 to Internal Organizations 
and Programs for the United Nations Children's Fund, and (3) to 
`International Narcotics Control: Provided, That except for such 
transfers,' amounts remaining unobligated as of September 30, 1985, 
from funds appropriated for the `Economic Support Fund' for Lebanon in 
Public Law 98-63 shall, notwithstanding sections 451, 492(b), and 614 
of the Foreign Assistance Act of 1961, or any other provision of law, 
be made available only for Lebanon: Provided further, That, to the 
extent that these funds cannot be used to provide assistance for 
Lebanon, they shall revert to the Treasury as miscellaneous 
receipts.''.
---------------------------------------------------------------------------
    (c) Amounts authorized by this section may be appropriated 
in an appropriation Act for any fiscal year (including a 
continuing resolution) and shall continue to be available 
beyond the fiscal year notwithstanding any provision of that 
appropriation Act to the contrary.

                  military sales and related programs

    Sec. 3. (a) In order to support the rebuilding of the armed 
forces of Lebanon, the Congress finds that the national 
security interests of the United States would be served by the 
authorization and appropriation of additional funds to provide 
training for the Lebanese armed forces and by the authorization 
of additional foreign military sales guaranties to finance 
procurements by Lebanon of defense articles and defense 
services for its security requirements.
    (b) In addition to amounts otherwise made available for the 
fiscal year 1983 to carry out the provisions of chapter 5 of 
part II of the Foreign Assistance Act of 1961, there are 
authorized to be appropriated for the fiscal year 1983 
$1,000,000 to carry out such provisions with respect to 
Lebanon.\3\
---------------------------------------------------------------------------
    \3\ Chapter V of the Supplemental Appropriations Act, 1983 (Public 
Law 98-63; 97 Stat. 318) provided the following:
---------------------------------------------------------------------------

``foreign military sales credit
---------------------------------------------------------------------------

    ``During fiscal year 1983, for an additional amount for Foreign 
Military Credit Sales, for commitments to guarantee loans, $293,500,000 
of contingent liability for loan principal: Provided, That of this sum 
$100,000,000 shall be available only for assistance to Lebanon.
---------------------------------------------------------------------------

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

    ``For an additional amount for International military education and 
training, $1,000,000.''.
---------------------------------------------------------------------------
    (c) In addition to amounts otherwise made available for the 
fiscal year 1983 for loan guaranties under section 24(a) of the 
Arms Export Control Act, $100,000,000 of loan principal are 
authorized to be so guaranteed during such fiscal year for 
Lebanon.\3\

                 united states armed forces in lebanon

    Sec. 4. (a) The President shall obtain statutory 
authorization from the Congress with respect to any substantial 
expansion in the number or role in Lebanon of United States 
Armed Forces, including any introduction of United States Armed 
Forces into Lebanon in conjunction with agreements providing 
for the withdrawal of all foreign troops from Lebanon and for 
the creation of a new multinational peace-keeping force in 
Lebanon.
    (b) Nothing in this section is intended to modify, limit, 
or suspend any of the standards and procedures prescribed by 
the War Powers Resolution of 1973.
       (9) Special International Security Assistance Act of 1979

Partial text of Public Law 96-35 [S. 1007], 93 Stat. 89, approved July 
 20, 1979, as amended by Public Law 97-113 [International Security and 
 Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, 
                       approved December 29, 1981

AN ACT To authorize supplemental international security assistance for 
 the fiscal year 1979 in support of the peace treaty between Egypt and 
                    Israel, and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``Special 
International Security Assistance Act of 1979''.

                    statement of policy and findings

    Sec. 2.\1\ (a) It is the policy of the United States to 
support the peace treaty concluded between the Government of 
Egypt and the Government of Israel on March 26, 1979. This 
treaty is a significant step toward a full and comprehensive 
peace in the Middle East. The Congress urges the President to 
continue to exert every effort to bring about a comprehensive 
peace and to seek an end by all parties to the violence which 
could jeopardize this peace.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3401.
---------------------------------------------------------------------------
    (b) The peace treaty between Egypt and Israel having been 
ratified, the Congress finds that the national interests of the 
United States are served--
          (1) by authorizing the President to construct air 
        bases in Israel to replace the Israeli air bases on the 
        Sinai peninsula that are to be evacuated;
          (2) by authorizing additional funds to finance 
        procurements by Egypt and Israel through the fiscal 
        year 1982 of defense articles and defense services for 
        their respective security requirements; and
          (3) by authorizing additional funds for economic 
        assistance for Egypt in order to promote the economic 
        stability and development of that country and to 
        support the peace process in the Middle East.
    (c) The authorities contained in this Act to implement 
certain arrangements in support of the peace treaty between 
Egypt and Israel do not signify approval by the Congress of any 
other agreement, understanding, or commitment made by the 
executive branch.

                  construction of air bases in israel

    Sec. 3.\2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 3 amended the Foreign Assistance Act of 1961 by adding a 
new chapter 7 (``Air Base Construction in Israel'') to part II of that 
Act.
---------------------------------------------------------------------------

 supplemental authorization of foreign military sales loan guaranties 
                          for egypt and israel

    Sec. 4.\3\ (a) The Congress finds that the legitimate 
defense interests of Israel and Egypt require a one time 
extraordinary assistance package due to Israel's phased 
withdrawal from the Sinai and Egypt's shift from reliance on 
Soviet weaponry. The authorizations contained in this section 
do not, however, constitute Congressional approval of the sale 
of any particular weapons system to either country. These sales 
will be reviewed under the normal procedures set forth in 
section 36(b) of the Arms Export Control Act.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3402.
---------------------------------------------------------------------------
    (b) In addition to amounts authorized to be appropriated 
for the fiscal year 1979 by section 31(a) of the Arms Export 
Control Act, there is authorized to be appropriated to the 
President to carry out that Act $370,000,000 for the fiscal 
year 1979.\4\
---------------------------------------------------------------------------
    \4\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 103) stated: ``For an additional amount for `Foreign military 
credit sales' for Egypt and Israel, $370,000,000.''.
---------------------------------------------------------------------------
    (c) Funds made available pursuant to subsection (b) of this 
section may be used only for guaranties for Egypt and Israel 
pursuant to section 24(a) of the Arms Export Control Act. The 
principal amount of loans guaranteed with such funds may not 
exceed $3,700,000,000 of which $2,200,000,000 shall be 
available only for Israel and $1,500,000,000 shall be available 
only for Egypt. The principal amount of such guaranteed loans 
shall be in addition to the aggregate ceiling authorized for 
the fiscal year 1979 by section 31(b) of the Arms Export 
Control Act.
    (d) Loans guaranteed with funds made available pursuant to 
subsection (b) of this section shall be on terms calling for 
repayment within a period of not less than thirty years, 
including an initial grace period of ten years on repayment of 
principal.
    (e)(1) The Congress finds that the Governments of Israel 
and Egypt each have an enormous external debt burden which may 
be made more difficult by virtue of the financing authorized by 
this section. The Congress further finds that, as a consequence 
of the impact of the debt burdens incurred by Israel and Egypt 
under such financing, it may become necessary in future years 
to modify the terms of the loans guaranteed with funds made 
available pursuant to this section.
    (2) \5\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Para. (2), which had required an annual report by the President 
concerning the economic conditions prevailing in Israel and Egypt which 
may affect their respective ability to meet their obligations to make 
payments under the financing authorized in this section, was repealed 
by sec. 734(a)(4) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). A similar 
report was required by sec. 723 of Public Law 97-113; see Legislation 
on Foreign Relations Through 2005, vol. I-A).

        supplemental authorization of economic support for egypt

    Sec. 5.\6\ There is authorized to be appropriated to the 
President to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961, $300,000,000 for the fiscal year 1979 
for Egypt, in addition to amounts otherwise authorized to be 
appropriated for such chapter for the fiscal year 1979.\7\ The 
amounts appropriated pursuant to this section may be made 
available until expended.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 3403.
    \7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 102) stated: ``For an additional amount for the `Economic support 
fund' for Egypt, $300,000,000, to remain available until expended.''.
---------------------------------------------------------------------------

       transfer of facilities of the sinai field mission to egypt

    Sec. 6.\8\ The President is authorized to transfer to 
Egypt, on such terms and conditions as he may determine, such 
of the facilities and related property of the United States 
Sinai Field Mission as he may determine, upon the termination 
of the activities of the Sinai Field Mission in accordance with 
the terms of the peace treaty between Egypt and Israel.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3404.
---------------------------------------------------------------------------

  contributions by other countries to support peace in the middle east

    Sec. 7.\9\ (a) It is the sense of the Congress that other 
countries should give favorable consideration to providing 
support for the implementation of the peace treaty between 
Egypt and Israel. Therefore, the Congress requests that the 
President consult with other countries in order to (1) promote 
and develop an agreement for the establishment of a peace 
development fund whose purpose would be to underwrite the costs 
of implementing a Middle East peace, and (2) encourage 
investments in Israel and Egypt and other countries in the 
region should they join in Middle East peace agreements.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3405.
---------------------------------------------------------------------------
    (b) \10\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Subsec. (b), which had required a report from the President on 
U.S. efforts to increase economic aid from other donors to Egypt, 
Israel, and others in the region and the impact on Egypt's economy of 
Arab sanctions against Egypt, was repealed by sec. 734(a)(4) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). The President submitted this report to 
Congress on January 6, 1981.
---------------------------------------------------------------------------

  planning for trilateral scientific and technological cooperation by 
                  egypt, israel, and the united states

    Sec. 8.\11\ (a) It is the sense of the Congress that, in 
order to continue to build the structure of peace in the Middle 
East, the United States should be prepared to participate, at 
an appropriate time, in trilateral cooperative projects of a 
scientific and technological nature involving Egypt, Israel, 
and the United States.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3406.
---------------------------------------------------------------------------
    (b) Therefore, the President shall develop a plan to guide 
the participation of both United States Government agencies and 
private institutions in such projects. This plan shall 
identify--
          (1) potential projects in a variety of areas 
        appropriate for scientific and technological 
        cooperation by the three countries, including 
        agriculture, health, energy, the environment, 
        education, and water resources;
          (2) the resources which are available or which would 
        be needed to implement such projects; and
          (3) the means by which such projects would be 
        implemented.
    (c) \12\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \12\ Subsec. (c), which had required the President to transmit the 
plan developed pursuant to subsec. (b) to the Congress, was repealed by 
sec. 734(a)(4) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). This plan 
was submitted to Congress on September 29, 1980.
---------------------------------------------------------------------------

 report on costs to the united states of implementing the peace treaty 
                        between egypt and israel

    Sec. 9.\13\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \13\ Sec. 9, which has required a report from the President on the 
costs to the U.S. Government associated with the implementation of the 
Egyptian-Israeli peace treaty, was repealed by sec. 734(a)(4) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). The President submitted this report to 
Congress on October 25, 1979.
---------------------------------------------------------------------------

                  non-proliferation of nuclear weapons

    Sec. 10.\14\ In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly encourages all 
countries in the Middle East which are not parties to the 
Treaty on the Non-Proliferation of Nuclear Weapons to become 
parties to that Treaty.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 3408.
                              f. Asia \1\

            (1) Afghan Women and Children Relief Act of 2001

 Public Law 107-81 [S. 1573], 115 Stat. 811, approved December 12, 2001

   AN ACT To authorize the provision of educational and health care 
          assistance to the women and children of Afghanistan.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also the North Korean Human Rights Act of 2004 (Public Law 
108-333), Afghanistan Freedom Support Act of 2002 (Public Law 107-327), 
and Afghanistan Freedom Support Act Amendments of 2004 (Public Law 108-
458), in Legislation on Foreign Relations Through 2005, vol. I-A; U.S.-
Macau Policy Act (Public Law 106-570), Pacific Charter Commission Act 
of 2000 (Public Law 106-570), in Legislation on Foreign Relations 
Through 2005, vol. II; and U.S.-China Relations Act of 2000 (Public Law 
106-286), in Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

SECTION 1.\2\ SHORT TITLE.

    This Act may be cited as the ``Afghan Women and Children 
Relief Act of 2001''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2374 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

    Congress makes the following findings:
          (1) In Afghanistan, Taliban restrictions on women's 
        participation in society make it nearly impossible for 
        women to exercise their basic human rights. The Taliban 
        restrictions on Afghan women's freedom of expression, 
        association, and movement deny women full participation 
        in society and, consequently, from effectively securing 
        basic access to work, education, and health care.
          (2) Afghanistan has one of the highest infant (165 of 
        1000) and child (257 of 1000) mortality rates in the 
        world.
          (3) Only 5 percent of rural and 39 percent of urban 
        Afghans have access to safe drinking water.
          (4) It is estimated that 42 percent of all deaths in 
        Afghanistan are due to diarrheal diseases caused by 
        contaminated food and water.
          (5) Over one-third of Afghan children under 5 years 
        of age suffer from malnutrition, 85,000 of whom die 
        annually.
          (6) Seventy percent of the health care system in 
        Afghanistan is dependent on foreign assistance.
          (7) As of May 1998, only 20 percent of hospital 
        medical and surgical beds dedicated to adults were 
        available for women, and thousands of Afghan women and 
        girls are routinely denied health care.
          (8) Women are forbidden to leave their homes without 
        being escorted by a male relative. This prevents many 
        women from seeking basic necessities like health care 
        and food for their children. Doctors, virtually all of 
        whom are male, are also not permitted to provide 
        certain types of care not deemed appropriate by the 
        Taliban.
          (9) Before the Taliban took control of Kabul, schools 
        were coeducational, with women accounting for 70 
        percent of the teaching force. Women represented about 
        50 percent of the civil service corps, and 40 percent 
        of the city's physicians were women. Today, the Taliban 
        prohibits women from working as teachers, doctors, and 
        in any other occupation.
          (10) The Taliban prohibit girls and women from 
        attending school. In 1998, the Taliban ordered the 
        closing of more than 100 privately funded schools where 
        thousands of young women and girls were receiving 
        education and training in skills that would have helped 
        them support themselves and their families.
          (11) Of the many tens of thousands of war widows in 
        Afghanistan, many are forced to beg for food and to 
        sell their possessions because they are not allowed to 
        work.
          (12) Resistance movements courageously continue to 
        educate Afghan girls in secrecy and in foreign 
        countries against Taliban law.

SEC. 3. AUTHORIZATION OF ASSISTANCE.

    (a) In General.--Subject to subsection (b), the President 
is authorized, on such terms and conditions as the President 
may determine, to provide educational and health care 
assistance for the women and children living in Afghanistan and 
as refugees in neighboring countries.
    (b) Implementation.--(1) In providing assistance under 
subsection (a), the President shall ensure that such assistance 
is provided in a manner that protects and promotes the human 
rights of all people in Afghanistan, utilizing indigenous 
institutions and nongovernmental organizations, especially 
women's organizations, to the extent possible.
    (2) Beginning 6 months after the date of enactment of this 
Act, and at least annually for the 2 years thereafter, the 
Secretary of State shall submit a report to the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on Appropriations and the Committee on 
International Relations of the House of Representatives 
describing the activities carried out under this Act and 
otherwise describing the condition and status of women and 
children in Afghanistan and the persons in refugee camps while 
United States aid is given to displaced Afghans.
    (c) Availability of Funds.--Funds made available under the 
2001 Emergency Supplemental Appropriations Act for Recovery 
from and Response to Terrorist Attacks on the United States 
(Public Law 107-38), shall be available to carry out this Act.
    (2) United States-China Economic and Security Review Commission

    Division P of the Public Law 108-7 [Consolidated Appropriations 
Resolution, 2003; H.J. Res. 2], 117 Stat. 11 at 552, approved February 
                                20, 2003

DIVISION P--UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

    Section 1.\1\ Short Title.--This division may be cited as 
the ``United States-China Economic and Security Review 
Commission''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6901 note. See also sec. 1238 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (Public Law 
106-398), establishing the United States-China Economic and Security 
Review Commission, beginning at page 873.
---------------------------------------------------------------------------
    Sec. 2. (a) Appropriations.--There are appropriated, out of 
any funds in the Treasury not otherwise appropriated, 
$1,800,000, to remain available until expended, to the United 
States-China Economic and Security Review Commission.
    (b) Name Change.--
          (1) In general.--Section 1238 of the Floyd D. Spence 
        National Defense Authorization Act of 2001 (22 U.S.C. 
        7002) is amended--* * * \2\
---------------------------------------------------------------------------
    \2\ For amended text, see page 873.
---------------------------------------------------------------------------
          (2) \3\ References.--Any reference in any Federal 
        law, Executive order, rule, regulation, or delegation 
        of authority, or any document of or relating to the 
        United States-China Security Review Commission shall be 
        deemed to refer to the United States-China Economic and 
        Security Review Commission.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7002 note.
---------------------------------------------------------------------------
    (c) Membership, Responsibilities, and Terms.--
          (1) In general.--Section 1238(b)(3) of the Floyd D. 
        Spence National Defense Authorization Act of 2001 (22 
        U.S.C. 7002) is amended by striking subparagraph (F) 
        and inserting the following: * * *
          (2) \3\ Responsibilities of the Commission.--The 
        United States-China Commission shall focus, in lieu of 
        any other areas of work or study, on the following:
                  (A) Proliferation practices.--The Commission 
                shall analyze and assess the Chinese role in 
                the proliferation of weapons of mass 
                destruction and other weapons (including dual 
                use technologies) to terrorist-sponsoring 
                states, and suggest possible steps which the 
                United States might take, including economic 
                sanctions, to encourage the Chinese to stop 
                such practices.
                  (B) Economic reforms and united states 
                economic transfers.--The Commission shall 
                analyze and assess the qualitative and 
                quantitative nature of the shift of United 
                States production activities to China, 
                including the relocation of high-technology, 
                manufacturing, and R&D facilities; the impact 
                of these transfers on United States national 
                security, including political influence by the 
                Chinese Government over American firms, 
                dependence of the United States national 
                security industrial base on Chinese imports, 
                the adequacy of United States export control 
                laws, and the effect of these transfers on 
                United States economic security, employment, 
                and the standard of living of the American 
                people; analyze China's national budget and 
                assess China's fiscal strength to address 
                internal instability problems and assess the 
                likelihood of externalization of such problems.
                  (C) Energy.--The Commission shall evaluate 
                and assess how China's large and growing 
                economy will impact upon world energy supplies 
                and the role the United States can play, 
                including joint R&D efforts and technological 
                assistance, in influencing China's energy 
                policy.
                  (D) United states capital markets.--The 
                Commission shall evaluate the extent of Chinese 
                access to, and use of United States capital 
                markets, and whether the existing disclosure 
                and transparency rules are adequate to identify 
                Chinese companies which are active in United 
                States markets and are also engaged in 
                proliferation activities or other activities 
                harmful to United States security interests.
                  (E) Corporate reporting.--The Commission 
                shall assess United States trade and investment 
                relationship with China, including the need for 
                corporate reporting on United States 
                investments in China and incentives that China 
                may be offering to United States corporations 
                to relocate production and R&D to China.
                  (F) Regional economic and security impacts.--
                The Commission shall assess the extent of 
                China's ``hollowing-out'' of Asian 
                manufacturing economies, and the impact on 
                United States economic and security interests 
                in the region; review the triangular economic 
                and security relationship among the United 
                States, Taipei and Beijing, including Beijing's 
                military modernization and force deployments 
                aimed at Taipei, and the adequacy of United 
                States executive branch coordination and 
                consultation with Congress on United States 
                arms sales and defense relationship with 
                Taipei.
                  (G) United states-china bilateral programs.--
                The Commission shall assess science and 
                technology programs to evaluate if the United 
                States is developing an adequate coordinating 
                mechanism with appropriate review by the 
                intelligence community with Congress; assess 
                the degree of non-compliance by China and 
                United States-China agreements on prison labor 
                imports and intellectual property rights; 
                evaluate United States enforcement policies; 
                and recommend what new measures the United 
                States Government might take to strengthen our 
                laws and enforcement activities and to 
                encourage compliance by the Chinese.
                  (H) World trade organization compliance.--The 
                Commission shall review China's record of 
                compliance to date with its accession agreement 
                to the WTO, and explore what incentives and 
                policy initiatives should be pursued to promote 
                further compliance by China.
                  (I) Media control.--The Commission shall 
                evaluate Chinese  government efforts to 
                influence and control perceptions of the United 
                States and its policies through the internet, 
                the Chinese print and electronic media, and 
                Chinese internal propaganda.
          (3) \3\ Effective date.--This section shall take 
        effect on the date of enactment of this Act.
                  (3) U.S.-China Relations Act of 2000

 Division B of Public Law 106-286 [H.R. 4444], 114 Stat. 880, approved 
  October 10, 2000; amended by Public Law 107-228 [Foreign Relations 
   Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, 
                      approved September 30, 2002

               DIVISION B--UNITED STATES-CHINA RELATIONS

                      TITLE II--GENERAL PROVISIONS

SEC. 201\1\ SHORT TITLE OF DIVISION; TABLE OF CONTENTS OF DIVISION

    (a) Short Title of Division.--This division may be cited as 
the ``U.S.-China Relations Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6901 note. Division A of this Act, relating to 
establishing normal trade relations with China, may be found in 
Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
    (b) Table of Contents of Division.--The table of contents 
of this division is as follows:

               DIVISION B--UNITED STATES-CHINA RELATIONS

                                                                    Page

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Short title of division; table of contents of division..   327
Sec. 202. Findings................................................   328
Sec. 203. Policy..................................................   330
Sec. 204. Definitions.............................................   331

 TITLE III--CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC 
                                OF CHINA

Sec. 301. Establishment of Congressional-Executive Commission on 
    the People's Republic of China................................   331
Sec. 302. Functions of the Commission.............................   331
Sec. 303. Membership of the Commission............................   334
Sec. 304. Votes of the Commission.................................   335
Sec. 305. Expenditure of appropriations...........................   335
Sec. 306. Testimony of witnesses, production of evidence; issuance 
    of subpoenas; administration of oaths.........................   335
Sec. 307. Appropriations for the Commission.......................   336
Sec. 308. Staff of the Commission.................................   336
Sec. 309. Printing and binding costs..............................   337

TITLE IV--MONITORING AND ENFORCEMENT OF THE PEOPLE'S REPUBLIC OF CHINA'S 
                             WTO COMMITMENTS

 Subtitle A--Review of Membership of the People's Republic of China in 
                                 the WTO

Sec. 401. Review within the WTO...................................   337

  Subtitle B--Authorization To Promote Compliance With Trade Agreements

Sec. 411. Findings................................................   337
Sec. 412. Purpose.................................................   338
Sec. 413. Authorization of appropriations.........................   338

Subtitle C--Report on Compliance by the People's Republic of China With 
                             WTO Obligations

Sec. 421. Report on compliance....................................   339

 TITLE V--TRADE AND RULE OF LAW ISSUES IN THE PEOPLE'S REPUBLIC OF CHINA

  Subtitle A--Task Force on Prohibition of Importation of Products of 
       Forced or Prison Labor From the People's Republic of China

Sec. 501. Establishment of Task Force.............................   340
Sec. 502. Functions of Task Force.................................   340
Sec. 503. Composition of Task Force...............................   341
Sec. 504. Authorization of appropriations.........................   341
Sec. 505. Reports to Congress.....................................   341

   Subtitle B--Assistance To Develop Commercial and Labor Rule of Law

Sec. 511. Establishment of technical assistance and rule of law 
    programs......................................................   342
Sec. 512. Administrative authorities..............................   343
Sec. 513. Prohibition relating to human rights abuses.............   343
Sec. 514. Authorization of appropriations.........................   343

                TITLE VI--ACCESSION OF TAIWAN TO THE WTO

Sec. 601. Accession of Taiwan to the WTO..........................   343

                        TITLE VII--RELATED ISSUES

Sec. 701. Authorizations of appropriations for broadcasting 
    capital improvements and international broadcasting operations   344

SEC. 202.\2\ FINDINGS.

    The Congress finds the following:
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    \2\ 22 U.S.C. 6901
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          (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--
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    \3\ 22 U.S.C. 6902.
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          (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.
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          (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.
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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\
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    \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).
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          (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:
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    \8\ 22 U.S.C. 6913.
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          (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.
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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.
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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.
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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.
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          (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.
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    (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.
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   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.
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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.
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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.
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    \22\ 22 U.S.C. 6963.
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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.
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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.
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    (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.
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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.
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    \27\ 22 U.S.C. 6983.
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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\
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    \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''.
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    (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).
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    \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''.
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          (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.
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                  (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.
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    (f) Repeal.--The India-Pakistan Relief Act (title IX of the 
Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 1999, as contained in 
section 101(a) of Public Law 105-277) is repealed effective 
October 21, 1999.
                 (6) India-Pakistan Relief Act of 1998

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


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


               (7) Agriculture Export Relief Act of 1998

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

  AN ACT To amend the Arms Export Control Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agriculture Export Relief 
Act of 1998''.

SEC. 2. SANCTIONS EXEMPTIONS.

    (a) Exemption Regarding Food and Other Agricultural 
Commodity Purchases.--Section 102(b)(2)(D) of the Arms Export 
Control Act (22 U.S.C. 2799aa-1(b)(2)(D)) is amended as 
follows:
          (1) In clause (i) by striking ``or'' at the end.
          (2) In clause (ii) by striking the period and 
        inserting ``, or''.
          (3) By inserting after clause (ii) the following new 
        clause:
                  ``(iii) to any credit, credit guarantee, or 
                financial assistance provided by the Department 
                of Agriculture to support the purchase of food 
                or other agricultural commodity.''.
    (b) Description of Agricultural Commodities.--Section 
102(b)(2)(F) of such Act is amended by striking the period at 
the end and inserting ``, which includes fertilizer.''.
    (c) Other Exemptions.--Section 102(b)(2)(D)(ii) of such Act 
is further amended by inserting after ``to'' the following: 
``medicines, medical equipment, and''.
    (d) Application of Amendments.--The amendment made by 
subsection (a)(3) shall apply to any credit, credit guarantee, 
or other financial assistance provided by the Department of 
Agriculture before, on, or after the date of enactment of this 
Act through September 30, 1999.
    (e) \1\ Effect on Existing Sanctions.--Any sanction imposed 
under section 102(b)(1) of the Arms Export Control Act before 
the date of the enactment of this Act shall cease to apply upon 
that date with respect to the items described in the amendments 
made by subsections (b) and (c). In the case of the amendment 
made by subsection (a)(3), any sanction imposed under section 
102(b)(1) of the Arms Export Control Act before the date of the 
enactment of this Act shall not be in effect during the period 
beginning on that date and ending on September 30, 1999, with 
respect to the activities and items described in the amendment.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2799aa-1 note.
             (8) Bangladesh Disaster Assistance Act of 1988

 Public Law 100-576 [H.R. 5389], 102 Stat. 2897, approved October 31, 
                                  1988

         AN ACT Concerning disaster assistance for Bangladesh.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Bangladesh Disaster 
Assistance Act of 1988''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) as a result of the 1988 floods, two-thirds of 
        Bangladesh has been inundated with flood waters;
          (2) over 30 million people in Bangladesh are 
        homeless, over 2000 dead, tens of thousands ill, and 
        potentially millions at risk of waterborne disease and 
        epidemic because of lack of safe water and 
        overcrowding;
          (3) transportation, communications, and normal 
        commerce in Bangladesh have been seriously interrupted, 
        with a potential cost of replacing destroyed or damaged 
        infrastructure of $500,000,000;
          (4) agricultural lands have been flooded, with a 
        potential crop loss of nearly $1,000,000,000;
          (5) the people of the United States have respected 
        and generously supported the efforts of the people of 
        Bangladesh to maintain their independence, promote 
        equitable economic growth, and strive for political 
        pluralism and greater democracy; and
          (6) the Government of Bangladesh has taken quick 
        action to cope with this disaster, one of the most 
        serious in the history of Bangladesh, but must rely on 
        a generous response from the international community 
        for emergency assistance and, even more importantly, 
        for the expertise and resources needed to prevent the 
        continual recurrence of such disastrous floods.

SEC. 3. COMMENDATION OF AND SUPPORT FOR THE PEOPLE OF BANGLADESH.

    The Congress--
          (1) commends the courage and resourcefulness 
        demonstrated by the people of Bangladesh in response to 
        the 1988 floods;
          (2) commends the President for the generous provision 
        by the United States of emergency assistance for 
        Bangladesh;
          (3) commends United States private and voluntary 
        organizations, international organizations, foreign 
        governments, and others for their compassionate 
        response to this natural disaster;
          (4) expresses its support for the people of 
        Bangladesh at this most critical time;
          (5) declares its willingness to work with the 
        President to provide generous levels of emergency 
        humanitarian assistance to the people of Bangladesh;
          (6) declares its willingness to work with the 
        Government of Bangladesh and with private and voluntary 
        organizations to ensure that emergency assistance 
        quickly reaches those most in need; and
          (7) declares its willingness to work with the 
        international community to seek the means to prevent a 
        recurrence of such natural disasters, and urges the 
        President to promote a regional solution designed to 
        prevent a recurrence of such natural disasters.

SEC. 4. EMERGENCY ASSISTANCE FOR BANGLADESH.

    (a) Use of Food for Development Local Currencies for 
Disaster Assistance.--(1) \2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 4(a)(1) amended sec. 301 of the Agricultural Trade 
Development and Assistance Act of 1954, which was subsequently amended 
by title XV of the Food, Agriculture, Conservation, and Trade Act of 
1990 (Public Law 101-624; 104 Stat. 3359).
---------------------------------------------------------------------------
    (2) \3\ Food for Development agreements entered into under 
title III of that Act before the date of enactment of this Act 
may be amended in order to implement the amendment made by 
paragraph (1).
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 1727 note.
---------------------------------------------------------------------------
    (3) Pending amendment pursuant to paragraph (2) Food for 
Development agreements with the Government of Bangladesh, the 
use of funds accruing under those agreements, with the approval 
of the United States Government, for flood-related disaster 
assistance authorized by the amendment made by paragraph (1) 
shall be deemed to be consistent with the applicable agreement.
    (b) Additional Funds for Disaster Assistance for 
Bangladesh.--It is the sense of the Congress that, in order to 
provide additional resources for disaster assistance for the 
victims of the 1988 floods in Bangladesh, not less than 
$100,000,000 of the local currencies generated under Food for 
Development agreements with the Government of Bangladesh should 
be used for the disaster relief, rehabilitation, and 
reconstruction assistance purposes authorized by the amendment 
made by subsection (a)(1).
    (c) Regular Assistance Programs to be Maintained.--Disaster 
assistance provided for Bangladesh by the United States because 
of the 1988 floods should be in addition to the regularly 
programmed assistance for that country for fiscal year 1989 
under chapter 1 of part I of the Foreign Assistance Act of 1961 
(relating to development assistance) and titles I, II, and III 
of the Agriculture Trade Development and Assistance Act of 1954 
(relating to food assistance); and the level of such regularly 
programmed assistance.
    (d) Extension of Period for use of Food for Development 
Local Currencies.--It is the sense of the Congress that the 
period, during which funds accruing under Food for Development 
agreements with the Government of Bangladesh must be used, 
should be extended from September 30, 1989, to at least 
September 30, 1990.

SEC. 5. REPORT TO CONGRESS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the President shall submit to the 
Congress a report on efforts by the international community and 
the governments of the region to develop regional programs for 
the Ganges basin and the Brahmaputra basin that are designed--
          (1) to ensure an equitable and predictable supply of 
        water in the dry season; and
          (2) to promote better flood control mechanisms to 
        mitigate in the mid-term, and prevent in the long-term, 
        floods as severe as the 1988 floods in Bangladesh.
    (b) Specific Requirements.--The report required by 
subsection (a)--
          (1) shall describe what efforts have been made by 
        international organizations and other international 
        institutions, by bilateral and multilateral assistance 
        donors, and by countries in the region, to achieve the 
        objectives set forth in subsection (a);
          (2) shall describe the feasibility studies, planning 
        studies, or actual projects that are in preparation or 
        have been completed to achieve those objectives;
          (3) shall analyze the potential costs, the technology 
        obstacles (such as those presented by the earthquakes 
        to which the region is prone), and the political 
        problems, that stand in the way of effective flood 
        control in the Ganges basin and the Brahmaputra basin;
          (4) shall describe the environmental causes of the 
        flood, particularly deforestation and soil erosion; and
          (5) shall describe the efforts made, and the efforts 
        proposed to be made, by the President to promote a 
        regional approach to achieving the objectives set forth 
        in subsection (a).

SEC. 6. OFFICE OF TECHNOLOGY ASSESSMENT.

    It is the sense of the Congress that the Office of 
Technology Assessment--
          (1) should cooperate in the effort described in 
        section 5; and
          (2) in particular, should provide to the Department 
        of State and the Congress--
                  (A) a synopsis of all current studies and 
                reports--
                          (i) on flood control in the Ganges 
                        basin and the Brahmaputra basin, or
                          (ii) on state-of-the-art technology 
                        available for the construction and 
                        maintenance of flood control projects, 
                        and
                  (B) any cost benefit analysis of efforts to 
                improve water availability in the dry season 
                and to mitigate or prevent severe flooding.
            g. Anglo-Irish Agreement Support Act of 1986 \1\

Partial text of Public Law 99-415 [H.R. 4329], 100 Stat. 947, approved 
 September 19, 1986; amended by Public Law 105-277 [Foreign Relations 
    Authorization Act, Fiscal Years 1998 and 1999, subdivision B of 
   division G of the Omnibus Consolidated and Emergency Supplemental 
 Appropriations Act, 1999; H.R. 4328], 112 Stat 2681, approved October 
                                21, 1998

 AN ACT To authorize United States contributions to the International 
 Fund established pursuant to the November 15, 1985, agreement between 
      the United Kingdom and Ireland, as well as other assistance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anglo-Irish Agreement 
Support Act of 1986''.
---------------------------------------------------------------------------
    \1\ See also the Irish Peace Process Cultural and Training Program 
Act of 1998 (Public Law 105-319; 112 Stat. 3013; 8 U.S.C. 1101 note), 
authorizing the establishment of a program ``to allow young people from 
disadvantaged areas of designated counties suffering from sectarian 
violence and high structural unemployment to enter the United States 
for the purpose of developing job skills and conflict resolution 
abilities * * *'', in Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that the Anglo-Irish 
Agreement is a clear demonstration of the determination of the 
Government of the United Kingdom and the Government of Ireland 
to make progress concerning the complex situation in Northern 
Ireland. The Congress strongly supports the Anglo-Irish 
Agreement and is particularly encouraged that these two 
neighboring countries, longstanding friends of the United 
States, have joined together to rebuild a land that has too 
often been the scene of economic hardship and where many have 
suffered severely from the consequences of violence in recent 
years. In recognition of our ties of kinship, history, and 
commitment to democratic values, the Congress believes the 
United Stats should participate in this renewed commitment to 
social and economic progress in Northern Ireland and affected 
areas of Ireland.
    (b) Purposes.--It is, therefore, the purpose of the Act to 
provide for United States contributions in support of the 
Anglo-Irish Agreement, such contributions to consist of 
economic support fund assistance for payment to the 
International Fund established pursuant to the Anglo-Irish 
Agreement, as well as other assistance to serve as an incentive 
for economic development and reconciliation in Ireland and 
Northern Ireland. The purpose of these United States 
contributions shall be to support the Anglo-Irish Agreement in 
promoting reconciliation in Northern Ireland and the 
establishment of a society in Northern Ireland in which all may 
live in peace, free from discrimination, terrorism, and 
intolerance, and with the opportunity for both communities to 
participate fully in the structures and processes of 
government. ``United States contributions should be used in a 
manner that effectively increases employment opportunities in 
communities with rates of unemployment higher than the local or 
urban average of unemployment in Northern Ireland. In addition, 
such contributions should be used to benefit individuals 
residing in such communities.\2\
---------------------------------------------------------------------------
    \2\ Sec. 2811(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-851), added ``United States contributions should be used 
in a manner that effectively increases employment opportunities in 
communities with rates of unemployment higher than the local or urban 
average of unemployment in Northern Ireland. In addition, such 
contributions should be used to benefit individuals residing in such 
communities.''.
---------------------------------------------------------------------------

SEC. 3. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND.

    (a) Fiscal Year 1986.--Of the amounts made available for 
the fiscal year 1986 to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 (relating to the economic 
support fund), $50,000,000 shall be used for United States 
contributions to the International Fund. Pending the formal 
establishment of the International Fund and submission of the 
certification required by section 5(c) of this Act, these funds 
may, pursuant to an agreement with the Government of the United 
Kingdom and the Government of Ireland, be disbursed into and 
maintained in a separate account.
    (b) Fiscal Years 1987 and 1988.--Of the amounts made 
available for each of the fiscal years 1987 and 1988 to carry 
out this chapter, $35,000,000 shall be used for United States 
contributions to the International Fund; and that amount is 
hereby authorized to be appropriated for each of those fiscal 
years to carry out that chapter (in addition to amounts 
otherwise authorized to be appropriated). Amounts appropriated 
pursuant to this subsection are authorized to remain available 
until expended.\3\
---------------------------------------------------------------------------
    \3\ Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2181) provided 
the following:
---------------------------------------------------------------------------

``international fund for ireland
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of chapter 4 
of part II of the Foreign Assistance Act of 1961, $13,500,000, which 
shall be available for the United States contribution to the 
International Fund for Ireland and shall be made available in 
accordance with the provisions of the Anglo-Irish Agreement Support Act 
of 1986 (Public Law 99-415): Provided, That such amount shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That funds made available 
under this heading shall remain available until September 30, 2007.''.
---------------------------------------------------------------------------

SEC. 4. OTHER ASSISTANCE.

    (a) Available Authorities.--In addition to other available 
authorities, the following authorities may be used to provide 
assistance or other support to carry out the purposes of 
section 2 of this Act:
          (1) Section 108 of the Foreign Assistance Act of 1981 
        (relating to the Private Sector Revolving Fund).
          (2) Section 221 through 223 of that Act (relating to 
        the Housing Guaranty Program).
          (3) Title IV of chapter 2 of part I of that Act 
        (relating to the Overseas Private Investment 
        Corporation), without regard to the limitation 
        contained in paragraph (2) of the second undesignated 
        paragraph of section 231 of that Act.
          (4) Section 661 of that Act (relating to the Trade 
        and Development Agency).\4\
---------------------------------------------------------------------------
    \4\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided 
that any reference to the Trade and Development Program shall be deemed 
to be a reference to the Trade and Development Agency.
---------------------------------------------------------------------------
    (b) Other Laws.--Assistance under this Act may be provided 
without regard to any other provision of law.

SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO THE UNITED STATES 
                    CONTRIBUTIONS.

    (a) Promoting Economic and Social Reconstruction and 
Development.--(1) In general.--The United States \5\ 
contributions provided for in this Act--
---------------------------------------------------------------------------
    \5\ Sec. 2811(b)(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), struck out ``The United States'' and 
inserted in lieu thereof ``(1) In general.--The United States''.
---------------------------------------------------------------------------
          (A) \6\ may be used only to support and promote 
        economic and social reconstruction and development in 
        Ireland and Northern Ireland; and \7\
---------------------------------------------------------------------------
    \6\ Sec. 2811(b)(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), struck out ``in this Act may be used'' 
and inserted in lieu thereof ``in this Act--'' followed by subpara. 
designation ``(A)'' and ``may be used''. The original text of the first 
sentence of subsec. (a) then followed.
    \7\ Sec. 2811(b)(1)(C) and (D) of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-851), struck out a 
period at the end of the first sentence of subsec. (a), inserted in 
lieu thereof ``; and'', and added a new subpara. (B).
---------------------------------------------------------------------------
          (B) \7\ should be provided to individuals or entities 
        in Northern Ireland which employ practices consistent 
        with the principles of economic justice.
    (2) \8\ Additional requirements.--The restrictions 
contained in sections 531(e) and 660(a) of the Foreign 
Assistance Act of 1961 apply with respect to any such 
contributions.
---------------------------------------------------------------------------
    \8\ Sec. 2811(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), struck out ``The restrictions'' in the 
second sentence of subsec. (a), and added para. designation ``(2) 
Additional requirements.--The restrictions''.
---------------------------------------------------------------------------
    (b) United States Representation on the Board of the 
Fund.--The President shall make every effort, in consultation 
with the Government of the United Kingdom and the Government of 
Ireland, to ensure that there is United States representation 
on the Board of the International Fund.
    (c) Prior Certifications.--Each fiscal year, the United 
States may make contributions to the International Fund only if 
the President certifies to the Congress \9\ that he is 
satisfied that--
---------------------------------------------------------------------------
    \9\ Most recently, the President made such a determination on 
September 22, 1997 (Presidential Determination No. 97-33; 62 F.R. 
53217); September 22, 1999 (Presidential Determination No. 99-41; 64 
F.R. 53579); April 30, 2001 (Presidential Determination No. 2001-14; 66 
F.R. 27825); and September 9, 2003 (Presidential Determination No. 
2003-34; 68 F.R. 54967).
---------------------------------------------------------------------------
          (1) the Board of the International Fund, as a whole, 
        is broadly representative of the interests of the 
        communities in Ireland and Northern Ireland; and
          (2) disbursements from the International Fund--
                  (A) will be distributed to individuals and 
                entities whose practices are consistent with 
                principles of economic justice; and \10\
---------------------------------------------------------------------------
    \10\ Sec. 2811(c)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), struck out ``in accordance with the 
principle of equality of opportunity and nondiscrimination in 
employment, without regard to religious affiliation; and'' and inserted 
in lieu thereof ``to individuals and entities whose practices are 
consistent with principles of economic justice; and''.
---------------------------------------------------------------------------
                  (B) will address the needs of both 
                communities in Northern Ireland and will create 
                employment opportunities in regions and 
                communities of Northern Ireland suffering from 
                high rates of unemployment.\11\
---------------------------------------------------------------------------
    \11\ Sec. 2811(c)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), inserted ``and will create employment 
opportunities in regions and communities of Northern Ireland suffering 
from high rates of unemployment''.
---------------------------------------------------------------------------
Each such certification shall include a detailed explanation of 
the basis for the President's decision.

SEC. 6. ANNUAL REPORTS.

    At the end of each fiscal year in which the United States 
Government makes any contribution to the International Fund, 
the Presidential shall report to the Congress on the degree to 
which--
          (1) the International Fund has contributed to 
        reconciliation between the communities in Northern 
        Ireland;
          (2) the United States contribution to the 
        International Fund is meeting its objectives of 
        encouraging new investment, job creation, and economic 
        reconstruction on the basis of strict equality of 
        opportunity; \12\
---------------------------------------------------------------------------
    \12\ Sec. 2811(d) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-851), struck out ``and'' at the end of para. 
(2), struck out a period at the end of para. (3) and inserted in lieu 
thereof ``; and'' and added a new para. (4).
---------------------------------------------------------------------------
          (3) the International Fund has increased respect for 
        the human rights and fundamental freedoms of all people 
        in Northern Ireland; and \12\
          (4) \12\ the extent to which the practices of each 
        individual or entity receiving assistance from United 
        States contributions to the International Fund has been 
        consistent with the principles of economic justice.

SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR ``INTERNATIONAL ORGANIZATION 
                    AND CONFERENCES''.

    (a) Disbursements, Audits, and Reports.--The provisions 
relating to disbursements on vouchers, audits, and submission 
of reports with respect to expenditures pursuant to the Joint 
Resolution of July 11, 1956 (Public Law 689), shall also apply 
with respect to expenditures pursuant to section 109(c) of the 
Act of November 22, 1983 (Public Law 98-164).
    (b) \13\ * * *
---------------------------------------------------------------------------
    \13\ Sec. 7(b) amended sec. 109 of the Act of November 22, 1983 
(Public Law 98-164).
---------------------------------------------------------------------------
    (c) \14\ Prohibition.--Nothing included herein shall 
require quotas or reverse discrimination or mandate their use.
---------------------------------------------------------------------------
    \14\ Sec. 2811(e) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-852), added subsec. (c).
---------------------------------------------------------------------------

SEC. 8. DEFINITIONS.

    As used in this Act--
          (1) the term ``Anglo-Irish Agreement'' means the 
        Agreement Between the Government of Ireland and the 
        Government of the United Kingdom dated November 15, 
        1985; \15\
---------------------------------------------------------------------------
    \15\ Sec. 2811(f) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-852), struck out ``and'' at the end of para. 
(1), struck out a period at the end of para. (2) and inserted in lieu 
thereof ``; and'', and added a new para. (3).
---------------------------------------------------------------------------
          (2) the term ``International Fund'' means the 
        international fund for economic development projects in 
        Northern Ireland and Ireland, established pursuant to 
        Article 10 of the Anglo-Irish Agreement; and \15\
          (3) \15\ the term ``principles of economic justice'' 
        means the following principles:
                  (A) Increasing the representation of 
                individuals from underrepresented religious 
                groups in the workforce, including managerial, 
                supervisory, administrative, clerical, and 
                technical jobs.
                  (B) Providing adequate security for the 
                protection of minority employees at the 
                workplace.
                  (C) Banning provocative sectarian or 
                political emblems from the workplace.
                  (D) Providing that all job openings be 
                advertised publicly and providing that special 
                recruitment efforts be made to attract 
                applicants from underrepresented religious 
                groups.
                  (E) Providing that layoff, recall, and 
                termination procedures do not favor a 
                particular religious group.
                  (F) Abolishing job reservations, 
                apprenticeship restrictions, and differential 
                employment criteria which discriminate on the 
                basis of religion.
                  (G) Providing for the development of training 
                programs that will prepare substantial numbers 
                of minority employees for skilled jobs, 
                including the expansion of existing programs 
                and the creation of new programs to train, 
                upgrade, and improve the skills of minority 
                employees.
                  (H) Establishing procedures to assess, 
                identify, and actively recruit minority 
                employees with the potential for further 
                advancement.
                  (I) Providing for the appointment of a senior 
                management staff member to be responsible for 
                the employment efforts of the entity and, 
                within a reasonable period of time, the 
                implementation of the principles described in 
                subparagraphs (A) through (H).
                 h. International Narcotics Control \1\

              (1) Western Hemisphere Drug Elimination Act

 Title VIII of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
   approved October 21, 1998; amended by Public Law 106-35 [Western 
Hemisphere Drug Elimination Technical Corrections Act; H.R. 1379], 113 
                   Stat. 126, approved June 15, 1999

            TITLE VIII--WESTERN HEMISPHERE DRUG ELIMINATION

SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

    (a) \2\ Short Title.--This title may be cited as the 
``Western Hemisphere Drug Elimination Act''.
---------------------------------------------------------------------------
    \1\ See also Public Law 106-246, establishing Plan Colombia, page 
216.
    \2\ 21 U.S.C. 801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this 
title is as follows:
---------------------------------------------------------------------------
    \3\ Added by sec. 2(b) of Public Law 106-35 (113 Stat. 126).

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

Sec. 801. Short title; table of contents..........................   360
Sec. 802. Findings and statement of policy........................   361

        Subtitle A--Enhanced Source and Transit Country Coverage

Sec. 811. Expansion of radar coverage and operation in source and 
    transit countries.............................................   363
Sec. 812. Expansion of Coast Guard drug interdiction..............   364
Sec. 813. Expansion of aircraft coverage and operation in source 
    and transit countries.........................................   365

  Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                                Countries

Sec. 821. Additional eradication resources for Colombia...........   366
Sec. 822. Additional eradication resources for Peru...............   367
Sec. 823. Additional eradication resources for Bolivia............   367
Sec. 824. Miscellaneous additional eradication resources..........   368
Sec. 825. Bureau of International Narcotics and Law Enforcement 
    Affairs.......................................................   368
Sec. 826. Further miscellaneous additional resources \3\..........   368

Subtitle C--Enhanced Alternative Crop Development Support in Source Zone

Sec. 831. Alternative crop development support....................   368
Sec. 832. Authorization of appropriations for Agricultural 
    Research Service counterdrug research and development 
    activities....................................................   368
Sec. 833. Master plan for herbicides to control narcotic crops....   369
Sec. 834. Authorization of use of environmentally-approved 
    herbicides to eliminate illicit narcotics crops...............   370

       Subtitle D--Enhanced International Law Enforcement Training

Sec. 841. Enhanced international law enforcement academy training.   370
Sec. 842. Enhanced United States drug enforcement international 
    training......................................................   370
Sec. 843. Provision of nonlethal equipment to foreign law 
    enforcement organizations for cooperative illicit narcotics 
    control activities............................................   372

   Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement 
                        Operations and Equipment

Sec. 851. Increased funding for operations and equipment; report..   372
Sec. 852. Funding for computer software and hardware to facilitate 
    direct communication between drug enforcement agencies........   373
Sec. 853. Sense of Congress regarding priority of drug 
    interdiction and counterdrug activities.......................   374

                 Subtitle F--Relationship to Other Laws

Sec. 861. Authorizations of appropriations........................   374

            Subtitle G--Trafficking in Controlled Substances

Sec. 871. Short title.............................................   374
Sec. 872. Limitation..............................................   374

SEC. 802. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress makes the following findings:
          (1) Teenage drug use in the United States has doubled 
        since 1993.
          (2) The drug crisis facing the United States is a top 
        national security threat.
          (3) The spread of illicit drugs through United States 
        borders cannot be halted without an effective drug 
        interdiction strategy.
          (4) Effective drug interdiction efforts have been 
        shown to limit the availability of illicit narcotics, 
        drive up the street price, support demand reduction 
        efforts, and decrease overall drug trafficking and use.
          (5) A prerequisite for reducing youth drug use is 
        increasing the price of drugs. To increase price 
        substantially, at least 60 percent of drugs must be 
        interdicted.
          (6) In 1987, the national drug control budget 
        maintained a significant balance between demand and 
        supply reduction efforts, illustrated as follows:
                  (A) 29 percent of the total drug control 
                budget expenditures for demand reduction 
                programs.
                  (B) 38 percent of the total drug control 
                budget expenditures for domestic law 
                enforcement.
                  (C) 33 percent of the total drug control 
                budget expenditures for international drug 
                interdiction efforts.
          (7) In the late 1980's and early 1990's, 
        counternarcotic efforts were successful, specifically 
        in protecting the borders of the United States from 
        penetration by illegal narcotics through increased 
        seizures by the United States Coast Guard and other 
        agencies, including a 302 percent increase in pounds of 
        cocaine seized between 1987 and 1991.
          (8) Limiting the availability of narcotics to drug 
        traffickers in the United States had a promising effect 
        as illustrated by the decline of illicit drug use 
        between 1988 and 1991, through a--
                  (A) 13 percent reduction in total drug use;
                  (B) 35 percent drop in cocaine use; and
                  (C) 16 percent decrease in marijuana use.
          (9) In 1993, drug interdiction efforts in the transit 
        zones were reduced due to an imbalance in the national 
        drug control strategy. This trend has continued through 
        1995 as shown by the following figures:
                  (A) 35 percent for demand reduction programs.
                  (B) 53 percent for domestic law enforcement.
                  (C) 12 percent for international drug 
                interdiction efforts.
          (10) Supply reduction efforts became a lower priority 
        for the Administration and the seizures by the United 
        States Coast Guard and other agencies decreased as 
        shown by a 68 percent decrease in the pounds of cocaine 
        seized between 1991 and 1996.
          (11) Reductions in funding for comprehensive 
        interdiction operations like OPERATION GATEWAY and 
        OPERATION STEELWEB, initiatives that encompassed all 
        areas of interdiction and attempted to disrupt the 
        operating methods of drug smugglers along the entire 
        United States border, have created unprotected United 
        States border areas which smugglers exploit to move 
        their product into the United States.
          (12) The result of this new imbalance in the national 
        drug control strategy caused the drug situation in the 
        United States to become a crisis with serious 
        consequences including--
                  (A) doubling of drug-abuse-related arrests 
                for minors between 1992 and 1996;
                  (B) 70 percent increase in overall drug use 
                among children aged 12 to 17;
                  (C) 80 percent increase in drug use for 
                graduating seniors since 1992;
                  (D) a sharp drop in the price of 1 pure gram 
                of heroin from $1,647 in 1992 to $966 in 
                February 1996; and
                  (E) a reduction in the street price of 1 gram 
                of cocaine from $123 to $104 between 1993 and 
                1994.
          (13) The percentage change in drug use since 1992, 
        among graduating high school students who used drugs in 
        the past 12 months, has substantially increased--
        marijuana use is up 80 percent, cocaine use is up 80 
        percent, and heroin use is up 100 percent.
          (14) The Department of Defense has been called upon 
        to support counter-drug efforts of Federal law 
        enforcement agencies that are carried out in source 
        countries and through transit zone interdiction, but in 
        recent years Department of Defense assets critical to 
        those counter-drug activities have been consistently 
        diverted to missions that the Secretary of Defense and 
        the Chairman of the Joint Chiefs of Staff consider a 
        higher priority.
          (15) The Secretary of Defense and the Chairman of the 
        Joint Chiefs of Staff, through the Department of 
        Defense policy referred to as the Global Military Force 
        Policy, has established the priorities for the 
        allocation of military assets in the following order: 
        (1) war; (2) military operations other than war that 
        might involve contact with hostile forces (such as 
        peacekeeping operations and noncombatant evacuations); 
        (3) exercises and training; and (4) operational tasking 
        other than those involving hostilities (including 
        counter-drug activities and humanitarian assistance).
          (16) Use of Department of Defense assets is critical 
        to the success of efforts to stem the flow of illegal 
        drugs from source countries and through transit zones 
        to the United States.
          (17) The placement of counter-drug activities in the 
        fourth and last priority of the Global Military Force 
        Policy list of priorities for the allocation of 
        military assets has resulted in a serious deficiency in 
        assets vital to the success of source country and 
        transit zone efforts to stop the flow of illegal drugs 
        into the United States.
          (18) At present the United States faces few, if any, 
        threats from abroad greater than the threat posed to 
        the Nation's youth by illegal and dangerous drugs.
          (19) The conduct of counter-drug activities has the 
        potential for contact with hostile forces.
          (20) The Department of Defense counter-drug 
        activities mission should be near the top, not among 
        the last, of the priorities for the allocation of 
        Department of Defense assets after the first priority 
        for those assets for the war-fighting mission of the 
        Department of Defense.
    (b) Statement of Policy.--It is the policy of the United 
States to--
          (1) reduce the supply of drugs and drug use through 
        an enhanced drug interdiction effort in the major drug 
        transit countries, as well support a comprehensive 
        supply country eradication and crop substitution 
        program, because a commitment of increased resources in 
        international drug interdiction efforts will create a 
        balanced national drug control strategy among demand 
        reduction, law enforcement, and international drug 
        interdiction efforts; and
          (2) develop and establish comprehensive drug 
        interdiction and drug eradication strategies, and 
        dedicate the required resources, to achieve the goal of 
        reducing the flow of illegal drugs into the United 
        States by 80 percent by as early as January 1, 2003.

        Subtitle A--Enhanced Source and Transit Country Coverage

SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND 
                    TRANSIT COUNTRIES.

    (a) Authorization of Appropriations.--Funds are authorized 
to be appropriated for the Department of the Treasury for 
fiscal years 1999, 2000, and 2001 for the enhancement of radar 
coverage in drug source and transit countries in the total 
amount of $14,300,000 which shall be available for the 
following purposes:
          (1) For restoration of radar, and operation and 
        maintenance of radar, in the Bahamas.
          (2) For operation and maintenance of ground-based 
        radar at Guantanamo Bay Naval Base, Cuba.
    (b) Report.--Not later than January 31, 1999, the Secretary 
of Defense, in conjunction with the Director of Central 
Intelligence, shall submit to the Committee on National 
Security, the Committee on International Relations, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate a report examining the options 
available to the United States for improving Relocatable Over 
the Horizon (ROTHR) capability to provide enhanced radar 
coverage of narcotics source zone countries in South America 
and transit zones in the Eastern Pacific. The report shall 
include--
          (1) a discussion of the need and costs associated 
        with the establishment of a proposed fourth ROTHR site 
        located in the source or transit zones; and
          (2) an assessment of the intelligence specific issues 
        raised if such a ROTHR facility were to be established 
        in conjunction with a foreign government.

SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

    (a) Operating Expenses.--For operating expenses of the 
Coast Guard associated with expansion of drug interdiction 
activities around Puerto Rico, the United States Virgin 
Islands, and other transit zone areas of operation, there is 
authorized to be appropriated to the Secretary of 
Transportation $151,500,000 for each of fiscal years 1999, 
2000, and 2001. Such amounts shall include (but are not limited 
to) amounts for the following:
          (1) For deployment of intelligent acoustic detection 
        buoys in the Florida Straits and Bahamas.
          (2) For a nonlethal technology program to enhance 
        countermeasures against the threat of transportation of 
        drugs by so-called Go-Fast boats.
    (b) Acquisition, Construction, and Improvement.--
          (1) In general.--For acquisition, construction, and 
        improvement of facilities and equipment to be used for 
        expansion of Coast Guard drug interdiction activities, 
        there is authorized to be appropriated to the Secretary 
        of Transportation for fiscal year 1999 the total amount 
        of $630,300,000 which shall be available for the 
        following purposes:
                  (A) For maritime patrol aircraft sensors.
                  (B) For acquisition of deployable pursuit 
                boats.
                  (C) For the acquisition and construction of 
                up to 15 United States Coast Guard Coastal 
                Patrol Boats.
                  (D) For--
                          (i) the reactivation of up to 3 
                        United States Coast Guard HU-25 Falcon 
                        jets;
                          (ii) the procurement of up to 3 C-37A 
                        aircraft; or
                          (iii) the procurement of up to 3 C-
                        20H aircraft.
                  (E) For acquisition of installed or 
                deployable electronic sensors and 
                communications systems for Coast Guard Cutters.
                  (F) For acquisition and construction of 
                facilities and equipment to support regional 
                and international law enforcement training and 
                support in Puerto Rico, the United States 
                Virgin Islands, and the Caribbean Basin.
                  (G) For acquisition or conversion of maritime 
                patrol aircraft.
                  (H) For acquisition or conversion of up to 2 
                vessels to be used as Coast Guard Medium or 
                High Endurance Cutters.
                  (I) For acquisition or conversion of up to 2 
                vessels to be used as Coast Guard Cutters as 
                support, command, and control platforms for 
                drug interdiction operations.
                  (J) For acquisition of up to 6 Coast Guard 
                Medium Endurance Cutters.
          (2) Continued availability.--Amounts appropriated 
        under this subsection may remain available until 
        expended.
    (c) Requirement To Accept Patrol Craft From Department of 
Defense.--The Secretary of Transportation shall accept, for use 
by the Coast Guard for expanded drug interdiction activities, 7 
PC-170 patrol craft if offered by the Department of Defense.

SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND 
                    TRANSIT COUNTRIES.

    (a) Department of the Treasury.--Funds are authorized to be 
appropriated for the Department of the Treasury for fiscal 
years 1999, 2000, and 2001 for the enhancement of air coverage 
and operation for drug source and transit countries in the 
total amount of $886,500,000 which shall be available for the 
following purposes:
          (1) For procurement of 10 P-3B Early Warning aircraft 
        for the United States Customs Service to enhance 
        overhead air coverage of drug source zone countries.
          (2) For the procurement and deployment of 10 P-3B 
        Slick airplanes for the United States Customs Service 
        to enhance overhead air coverage of the drug source 
        zone.
          (3) In fiscal years 2000 and 2001, for operation and 
        maintenance of 10 P-3B Early Warning aircraft for the 
        United States Customs Service to enhance overhead air 
        coverage of drug source zone countries.
          (4) For personnel for the 10 P-3B Early Warning 
        aircraft for the United States Customs Service to 
        enhance overhead air coverage of drug source zone 
        countries.
          (5) In fiscal years 2000 and 2001, for operation and 
        maintenance of 10 P-3B Slick airplanes for the United 
        States Customs Service to enhance overhead coverage of 
        the drug source zone.
          (6) For personnel for the 10 P-3B Slick airplanes for 
        the United States Customs Service to enhance overhead 
        air coverage of drug source zone countries.
          (7) For construction and furnishing of an additional 
        facility for the P-3B aircraft.
          (8) For operation and maintenance for overhead air 
        coverage for source countries.
          (9) For operation and maintenance for overhead 
        coverage for the Caribbean and Eastern Pacific regions.
          (10) For purchase and for operation and maintenance 
        of 3 RU-38A observation aircraft (to be piloted by 
        pilots under contract with the United States).
    (b) Report.--Not later than January 31, 1999, the Secretary 
of Defense, in consultation with the Secretary of State and the 
Director of Central Intelligence, shall submit to the Committee 
on National Security, the Committee on International Relations, 
and the Permanent Select Committee on Intelligence of the House 
of Representatives and to the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate a report examining the options 
available in the source and transit zones to replace Howard Air 
Force Base in Panama and specifying the requirements of the 
United States to establish an airbase or airbases for use in 
support of counternarcotics operations to optimize operational 
effectiveness in the source and transit zones. The report shall 
identify the following:
          (1) The specific requirements necessary to support 
        the national drug control policy of the United States.
          (2) The estimated construction, operation, and 
        maintenance costs for a replacement counterdrug airbase 
        or airbases in the source and transit zones.
          (3) Possible interagency cost sharing arrangements 
        for a replacement airbase or airbases.
          (4) Any legal or treaty-related issues regarding the 
        replacement airbase or airbases.
          (5) A summary of completed alternative site surveys 
        for the airbase or airbases.
    (c) Transfer of Aircraft.--The Secretary of the Navy shall 
transfer to the United States Customs Service--
          (1) ten currently retired and previously identified 
        heavyweight P-3B aircraft for modification into P-3 
        AEW&C aircraft; and
          (2) ten currently retired and previously identified 
        heavyweight P-3B aircraft for modification into P-3 
        Slick aircraft.

 Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                               Countries

SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.

    (a) Department of State.--Funds are authorized to be 
appropriated for the Department of State for fiscalyears 1999, 
2000, and 2001 for the enhancement of drug-related eradication efforts 
in Colombia in the total amount of $201,250,000 which shall be 
available for the following purposes:
          (1) For each such fiscal year for sustaining support 
        of the helicopters and fixed wing fleet of the national 
        police of Colombia.
          (2) For the purchase of DC-3 transport aircraft for 
        the national police of Colombia.
          (3) For acquisition of resources needed for prison 
        security in Colombia.
          (4) For the purchase of minigun systems for the 
        national police of Colombia.
          (5) For the purchase of 6 UH-60L Black Hawk utility 
        helicopters for the national police of Colombia and for 
        operation, maintenance, and training relating to such 
        helicopters.
          (6) For procurement, for upgrade of 50 UH-1H 
        helicopters to the Huey II configuration equipped with 
        miniguns for the use of the national police of 
        Colombia.
          (7) For the repair and rebuilding of the 
        antinarcotics base in southern Colombia.
          (8) For providing sufficient and adequate base and 
        force security for any rebuilt facility in southern 
        Colombia, and the other forward operating antinarcotics 
        bases of the Colombian National Police antinarcotics 
        unit.
    (b) \4\ Counternarcotics Assistance.--
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    \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).
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    \5\ Added by sec. 2(a) of Public Law 106-35 (113 Stat. 126).
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    (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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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--
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    \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).
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          (1) that country is implementing programs to reduce 
        the flow of cocaine to the United States in accordance 
        with a bilateral or multilateral agreement, to which 
        the United States is a party, that contains specific, 
        quantitative and qualitative, performance criteria with 
        respect to those programs;
          (2) the armed forces and law enforcement agencies of 
        that country are not engaged in a consistent pattern of 
        gross violations of internationally recognized human 
        rights, and the government of that country has made 
        significant progress in protecting internationally 
        recognized human rights, particularly in--
                  (A) ensuring that torture, cruel, inhuman, or 
                degrading treatment or punishment, 
                incommunicado detention or detention without 
                charges and trial, disappearances, and other 
                flagrant denials of the right to life, liberty, 
                or security of the person, are not practiced; 
                and
                  (B) permitting an unimpeded investigation of 
                alleged violations of internationally 
                recognized human rights, including providing 
                access to places of detention, by appropriate 
                international organizations (including 
                nongovernmental organizations such as the 
                International Committee of the Red Cross) or 
                groups acting under the authority of the United 
                Nations or the Organization of American States; 
                and
          (3) the government of that country has effective 
        control over police and military operations related to 
        counternarcotics and counterinsurgency activities.
  (b) Notifications to Congress.--Not less than 15 days before 
funds are obligated pursuant to section 2(a) or section 3(a), 
the President shall transmit to the congressional committees 
specified in section 634A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2394-1) a written notification in accordance 
with the procedures applicable to reprogrammings under that 
section. Such notification shall specify--
          (1) the country to which the assistance is to be 
        provided;
          (2) the type and value of the assistance to be 
        provided;
          (3) in the case of assistance provided pursuant to 
        section 3(a), the law enforcement or other units that 
        will receive the assistance; and
          (4) an explanation of how the proposed assistance 
        will further--
                  (A) the objectives specified in subsection 
                (a) of this section, and
                  (B) in the case of assistance under section 
                3(a), the purposes specified in section 3(b).
  (c) Coordination With International Narcotics Control 
Assistance Program.--Assistance authorized by section 2(a) and 
section 3(a) shall be coordinated with assistance provided 
under chapter 8 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291 and following; relating to international 
narcotics control assistance).
  (d) Conditional Waiver of Brooke-Alexander Amendment.--For 
fiscal year 1991, section 620(q) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370(q)) and section 518 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1991, shall not apply with respect to 
narcotics-related assistance for an Andean country, provided 
the President has made the determination described in 
subsection (a) of this section.
  (e) \2\ Authority to Waiver Requirement to Withhold 50 
Percent of Assistance Pending Certification.--Section 
481(h)(1)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(h)(1)(A)) shall not apply with respect to Bolivia, 
Colombia, and Peru for fiscal year 1991 if the President--
          (1) determines that its application would be contrary 
        to the national interest; and
          (2) transmits written notification of that 
        determination to the congressional committees specified 
        in section 634A(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2394-1) in accordance with the 
        procedures applicable to reprogrammings under that 
        section.

SEC. 5. INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.

  There are authorized to be appropriated $150,000,000 for 
fiscal year 1991 for assistance under chapter 8 of part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291 and 
following; relating to international narcotics control 
assistance).

SEC. 6.\3\ ASSISTANCE FOR AGRICULTURAL AND INDUSTRIAL ALTERNATIVES TO 
                    NARCOTICS PRODUCTION.

  (a) Waiver of Restrictions.--For the purpose of reducing 
dependence upon the production of crops from which narcotic and 
psychotropic drugs are derived, the President may provide 
assistance to a foreign country under chapter 1 of part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and 
following; relating to development assistance) and chapter 4 of 
part II of that Act (22 U.S.C. 2346 and following; relating to 
the economic support fund) to promote the production, 
processing, or the marketing of products or commodities, 
notwithstanding any other provision of law that would otherwise 
prohibit the provision of assistance to promote the production, 
processing, or the marketing of such products or commodities.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2151x-1.
---------------------------------------------------------------------------
  (b) Effective Date.--Subsection (a) applies with respect to 
funds made available for fiscal year 1991 or any fiscal year 
thereafter.

SEC. 7.\4\ EXCEPTIONS TO REQUIREMENT THAT AIRCRAFT PROVIDED TO FOREIGN 
                    COUNTRIES FOR NARCOTICS CONTROL PURPOSES BE LEASED 
                    RATHER THAN SOLD. * * *

SEC. 8.\2\,}\5\ NUMBER OF MEMBERS OF UNITED STATES ARMED 
                    FORCES IN ANDEAN COUNTRIES.

  Monthly Reports.--Within 15 days after the end of each month, 
the President shall submit to the Congress a report listing the 
number of members of the United States Armed Forces who were 
assigned or detailed to, or otherwise performed functions in, 
each Andean country at any time during that month.
---------------------------------------------------------------------------
    \4\ Sec. 7 amended sec. 484 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291c).
    \5\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------

SEC. 9.\6\ NONAPPLICABILITY OF CERTIFICATION PROCEDURES TO CERTAIN 
                    MAJOR DRUG-TRANSIT COUNTRIES. * * *
---------------------------------------------------------------------------

    \6\ Sec. 9 amended sec. 8 of the International Narcotics Control 
Act of 1989.
---------------------------------------------------------------------------

SEC. 10.\7\ AUTHORITY TO TRANSFER MILITARY ASSISTANCE FUNDS TO ECONOMIC 
                    PROGRAMS. * * *
---------------------------------------------------------------------------

    \7\ Sec. 10 amended sec. 610(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2360(a)).
---------------------------------------------------------------------------

SEC. 11.\8\ EXTRADITION OF UNITED STATES CITIZENS. * * *
---------------------------------------------------------------------------

    \8\ Sec. 11 amended chapter 209 of title 18, U.S.C., by adding a 
new sec. 3196.
---------------------------------------------------------------------------

SEC. 12. CONGRESSIONAL REVIEW OF NARCOTICS-RELATED ASSISTANCE FOR 
                    AFGHANISTAN.

  Not less than 15 days before obligating funds made available 
for any fiscal year to carry out the Foreign Assistance Act of 
1961 or the Arms Export Control Act for any assistance for 
Afghanistan that has narcotics control as one of its purposes, 
the President shall notify the congressional committees 
specified in section 634A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2394-1) in accordance with the procedures 
applicable to reprogramming notifications under that section.

SEC. 13.\2\,}\9\ TRAINING OF HOST COUNTRY PILOTS.

  (a) Instruction Program.--Not less than 90 days after the 
date of enactment of this Act, the President shall implement, 
under chapter 8 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291 and following; relating to international 
narcotics control assistance), a detailed program of 
instruction to train host country pilots, and other flight crew 
members, to fly host country aircraft involved in 
counternarcotics efforts in Andean countries. Such program 
shall be designed to eliminate direct participation of the 
United States Government (including participation through the 
use of either direct hire or contract personnel) in the 
operation of such aircraft.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2291h note.
---------------------------------------------------------------------------
  (b) Requirement for Replacement of United States Government 
Pilots by Host Country Pilots.--The President shall ensure 
that, within 18 months after the date of enactment of this Act, 
flight crews composed of host country personnel replace all 
United States Government pilots and other flight crew members 
(including both direct hire or contract personnel) for host 
country aircraft involved in airborne counternarcotics 
operations in the Andean countries.
  (c) Aircraft Subject to Requirements.--As used in this 
section, the term ``host country aircraft'' means any aircraft 
made available to an Andean country by the United States 
Government under chapter 8 of part I of the Foreign Assistance 
Act of 1961, or any other provision of law, for use by that 
country for narcotics-related purposes.

SEC. 14. REVIEW OF RIVERINE PROGRAM.

  Funds made available to carry out the Foreign Assistance Act 
of 1961 or the Arms Export Control Act may not be used for the 
procurement of surface water craft for counternarcotics 
programs in the Andean countries until the Secretary of State 
and the Secretary of Defense have jointly assessed and audited, 
and have submitted a report to Congress on--
          (1) the specific goals and objectives of such 
        programs;
          (2) how such craft will further the attainment of 
        those goals and objectives;
          (3) the cost and utility of craft to be provided; and
          (4) how such craft will be sustained through 
        maintenance and training.

SEC. 15.\10\ USES OF EXCESS DEFENSE ARTICLES TRANSFERRED TO CERTAIN 
                    MAJOR ILLICIT DRUG PRODUCING COUNTRIES. * * *

SEC. 16.\11\ EXPORT-IMPORT BANK FINANCING FOR SALES OF DEFENSE ARTICLES 
                    AND SERVICES. * * *

SEC. 17. DEBT-FOR-DRUGS EXCHANGES.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \10\ Sec. 15 amended sec. 517(c) of the Foreign Assistance Act of 
1961.
    \11\ Sec. 16 amended sec. 2(b)(6)(B)(vi) of the Export-Import Bank 
Act of 1945.
---------------------------------------------------------------------------
          (1) section 10 of the International Narcotics Control 
        Act of 1989 gives the President the authority to 
        provide relief with respect to certain debt owed to the 
        United States Government by the Government of Bolivia, 
        the Government of Colombia, or the Government of Peru 
        if the President determines that that country is 
        implementing programs to reduce the flow of cocaine to 
        the United States;
          (2) President Bush has endorsed the concept of debt 
        relief with respect to debt owed by Latin American 
        governments to the United States Government in his 
        ``Enterprise for Americans Initiative'', announced June 
        27, 1990; and
          (3) President Bush has proposed forgiveness of 
        foreign military sales debt owed by the Government of 
        Egypt to the United States Government.
  (b) Use of Debt-For-Drugs Authority.--The Congress urges the 
President to use the authority provided in section 10 of the 
International Narcotics Control Act of 1989 to forgive debt 
owed to the United States Government by the Government of 
Bolivia, the Government of Colombia, and the Government of 
Peru.
                        (4) Licit Opium Imports

Title XXVI of Public Law 101-647 [Crime Control Act of 1990, S. 3266], 
           104 Stat. 4789 at 4911, approved November 29, 1990

                        AN ACT To control crime.

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

SEC. 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Crime Control Act of 1990''.
---------------------------------------------------------------------------
    \1\ 18 U.S.C. 1 note.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE XXVI--LICIT OPIUM IMPORTS

SEC. 2501. UNITED STATES POLICY REGARDING IMPORTATION OF NARCOTIC RAW 
                    MATERIAL.

    (a) Review Required.--The President shall conduct a review 
of United States narcotics raw material policy to determine the 
advisability of continued reliance on the ``80-20 rule'' (21 
C.F.R. sec. 1312.13) by which at least 80 percent of United 
States imports of narcotics raw material must come from India 
and Turkey.
    (b) Agencies To Be Involved.--This review shall include 
information and views from the Department of State, the 
Administrator of the Drug Enforcement Administration, and the 
Secretary of the Department of Health and Human Services, the 
Secretary of Commerce and any other agencies the President 
determines appropriate.
    (c) Nature and Contents.--This review shall include--
          (1) a report on the extent of the diversion taking 
        place from the licit to the illicit market in India 
        from the farm gate through the stockpile;
          (2) an evaluation of the efforts being made by the 
        Government of India to stop diversion from the licit to 
        the illicit market, to limit its stockpile of opium 
        gum, and to limit and regulate the amount of land and 
        number of farmers devoted to poppy cultivation, and the 
        success or failure of these efforts;
          (3) a description of the steps the President has 
        taken to encourage these actions on the part of the 
        Indian government, what further steps are contemplated 
        and what action will be taken if Indian action proves 
        ineffective;
          (4) an assessment of whether continued reliance on 
        the 80-20 rules serves to encourage these actions, an 
        assessment of what circumstances would make continued 
        reliance on the rule unacceptable to the President, and 
        proposals for executive or legislative modification of 
        the rule under those circumstances;
          (5) an assessment of the feasibility of India 
        converting from the opium gum to the concentrated poppy 
        straw method of opium production;
          (6) an assessment of the effects on United States 
        supplies of narcotic raw material in the absence of 80-
        20; and
          (7) an evaluation of the potential for market 
        manipulation under the 80-20 rule.
    (d) Reports to Congress.--The President shall report the 
results of this review to Congress not later than April 1, 
1991.
          * * * * * * *
            (5) International Narcotics Control Act of 1989

    Partial text of Public Law 101-231 [H.R. 3611], 103 Stat. 1954, 
     approved December 13, 1989; as amended by Public Law 101-623 
  [International Narcotics Control Act of 1990, H.R. 5567], 104 Stat. 
3350, approved November 21, 1990; and Public Law 102-583 [International 
  Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
                            November 2, 1992

  AN ACT To combat international narcotics production and trafficking.

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

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

    (a) Short Title.--This Act may be cited as the 
``International Narcotics Control Act of 1989''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                    Page

Sec. 1. Short title and table of contents.........................   389
Sec. 2. Andean drug initiative....................................   389
Sec. 3. Military and law enforcement assistance for Bolivia, 
    Colombia, and Peru............................................   391
Sec. 4. Acquisition by Special Defense Acquisition Fund of defense 
    articles for narcotics control purposes.......................   393
Sec. 5. Excess defense articles for certain major illicit drug 
    producing countries...........................................   393
Sec. 6. Waiver of Brooke-Alexander amendment for major coca 
    producing countries...........................................   393
Sec. 7. Mexico....................................................   393
Sec. 8. Nonapplicability of certification procedures to certain 
    major drug-transit countries..................................   395
Sec. 9. Coordination of United States trade policy and narcotics 
    control objectives............................................   396
Sec. 10. Debt-for-drugs exchanges.................................   396
Sec. 11. Multilateral antinarcotics strike force..................   396
Sec. 12. Weapons transfers to international narcotics traffickers.   397
Sec. 13. Rewards for information concerning acts of international 
    terrorism.....................................................   397
Sec. 14. Waiver of Bumpers Amendment..............................   398
Sec. 15. Participation in foreign police actions..................   398
Sec. 16. Authorization of appropriations for international 
    narcotics control assistance..................................   398
Sec. 17. Revisions of certain narcotics-related provisions of the 
    Foreign Assistance Act........................................   398

SEC. 2. ANDEAN DRUG INITIATIVE.

    (a) Findings Relating to Economic Assistance Needs.--The 
Congress finds that--
          (1) it is crucial to international antidrug efforts 
        that funds be made available for crop substitution 
        programs and alternative employment opportunities to 
        provide alternative sources of income for those 
        individuals in major coca producing countries who are 
        dependent on illicit drug production activities, as 
        well as for eradication, enforcement, rehabilitation 
        and treatment, and education programs in those 
        countries; and
          (2) the United States and other major donor countries 
        (including European countries and Japan) should provide 
        increased economic assistance, on an urgent basis, to 
        those major coca producing countries which have taken 
        concrete steps to attack illicit coca production, 
        processing, and trafficking, by eradication, 
        interdiction, or other methods which significantly 
        reduce the flow of cocaine to the world market.
    (b) Plan to Address Need for Assistance.--The Congress, 
therefore, urges the Director of National Drug Control Policy 
to submit to the Congress in February 1990, as part of the 
National Drug Control Strategy report required by section 1005 
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504), a plan 
which addresses the need outlined in subsection (a).
    (c) Andean Summit.--The Congress urges the President in the 
strongest possible terms to include the following issues on the 
formal agenda of the meeting between the President and the 
heads of government of Bolivia, Colombia, and Peru, scheduled 
for early February 1990:
          (1) Bilateral and multilateral antidrug efforts that 
        make funds available for crop substitution programs and 
        alternative employment opportunities in major coca 
        producing countries, as well as for eradication, 
        enforcement, rehabilitation and treatment, and 
        education programs in those countries.
          (2) Initiatives to improve and expand antidrug 
        efforts in the Andean region, including through the use 
        of United States international economic, commercial, 
        and other policies.
          (3) Prior bilateral discussions aimed at increasing 
        multilateral economic development assistance from 
        Japan, Canada, and Western European countries for 
        antidrug efforts in the Andean region.
          (4) Debt-for-drugs exchanges that forgive Andean 
        bilateral debt held by the United States and other 
        creditor countries in return for commitments by Andean 
        governments to use the savings in debt service for 
        antidrug programs, pursuant to agreements negotiated 
        under section 481(h)(2)(B) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2291(h)(2)(B)) and other 
        international agreements and initiatives.
          (5) Bilateral and multilateral efforts to halt the 
        transfer of arms, precursor chemicals, and 
        sophisticated communications equipment and technology 
        from legitimate sources to drug trafficking 
        organizations.
    (d) Report on Andean Summit Meeting.--Not later than 30 
days after the conclusion of the Andean summit meeting 
described in subsection (c), the President shall report to the 
Congress on the outcome of that meeting.
    (e) Supplemental Budget Requests.--At the same time as he 
submits the report required by subsection (d), the President 
shall submit to the Congress such supplemental budget requests 
for fiscal years 1990 and 1991 as may be necessary to cover the 
United States share of the cost of additional economic 
assistance to implement an Andean antidrug strategy, including 
the commitments made at the Andean summit meeting described in 
subsection (c).

SEC. 3.\2\ MILITARY AND LAW ENFORCEMENT ASSISTANCE FOR BOLIVIA, 
                    COLOMBIA, AND PERU.

    (a) Purposes of Assistance.--Assistance provided under this 
section shall be designed to--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (1) enhance the ability of the Government of Bolivia, 
        the Government of Colombia, and the Government of Peru 
        to control illicit narcotics production and 
        trafficking;
          (2) strengthen the bilateral ties of the United 
        States with those governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) strengthen respect for internationally recognized 
        human rights and the rule of law in efforts to control 
        illicit narcotics production and trafficking.
    (b) Military Assistance and Training.--Subject to the 
requirements of this section, the President is authorized to 
use the funds made available to carry out this section to 
provide defense articles, defense services, and international 
military education and training to Bolivia, Colombia, and Peru. 
Such assistance shall be provided under the authorities of 
section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
relating to foreign military financing program) and chapter 5 
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347 and following; relating to international military 
education and training). Such assistance is in addition to any 
other such assistance made available to those countries.
    (c) Law Enforcement Training.--
          (1) Authorized forms and recipients of assistance.--
        Subject to paragraph (2), up to $6,500,000 of the funds 
        made available to carry out this section may be used, 
        notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on law enforcement assistance)--
                  (A) to provide to law enforcement agencies, 
                or other units, that are organized for the 
                specific purpose of narcotics enforcement by 
                the Government of Bolivia, the Government of 
                Colombia, or the Government of Peru, education 
                and training in the operation and maintenance 
                of equipment used in narcotics control 
                interdiction and eradication efforts; and
                  (B) for the expenses of deploying, upon the 
                request of the Government of Bolivia, the 
                Government of Colombia, or the Government of 
                Peru, Department of Defense mobile training 
                teams in that country to conduct training in 
                military-related individual and collective 
                skills that will enhance that country's ability 
                to conduct tactical operations in narcotics 
                interdiction.
          (2) Offsetting reduction.--The amount that may be 
        used under paragraph (1) shall be reduced by the amount 
        of any assistance provided for Bolivia, Colombia, or 
        Peru under the Foreign Operations, Export Financing, 
        and Related Programs Appropriations Act, 1990, for the 
        purposes specified in subparagraph (A) or (B) of 
        paragraph (1).\3\
---------------------------------------------------------------------------
    \3\ In the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1195), 
see sec. 569, ``Narcotics Control Program'' (103 Stat. 1243), and sec. 
599H, ``Crops in Peru, Bolivia and Jamaica'' (103 Stat. 1265).
---------------------------------------------------------------------------
    (d) Equipment for Law Enforcement Units.--
          (1) Authorized forms and recipients of assistance.--
        Subject to paragraph (2), up to $12,500,000 of the 
        funds made available to carry out this section may be 
        used, notwithstanding section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on law enforcement assistance), for the 
        procurement of defense articles for use in narcotics 
        control, eradication, and interdiction efforts by law 
        enforcement agencies, or other units, that are 
        organized for the specific purpose of narcotics 
        enforcement.
          (2) Offsetting reduction.--The amount that may be 
        used under paragraph (1) shall be reduced by the amount 
        of any assistance provided for Bolivia, Colombia, or 
        Peru under the Foreign Operations, Export Financing, 
        and Related Programs Appropriations Act, 1990, for the 
        procurement of weapons or ammunition in accordance with 
        the general authorities contained in section 481(a) of 
        the Foreign Assistance Act of 1961.
    (e) Conditions of Eligibility.--Assistance may be provided 
under this section to Bolivia, Colombia, or Peru only--
          (1) so long as that country has a democratic 
        government; and
          (2) the law enforcement agencies of that country do 
        not engage in a consistent pattern of gross violations 
        of internationally recognized human rights (as defined 
        in section 502B(d)(1) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(d)(1)).
    (f) Notifications to Congress.--Not less than 15 days 
before funds are obligated pursuant to this section, the 
President shall transmit to the congressional committees 
specified in section 634A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2394-1) a written notification in accordance with 
the procedures applicable to reprogrammings under that section. 
Such notification shall specify--
          (1) the country to which the assistance is to be 
        provided;
          (2) the type and value of the assistance to be 
        provided;
          (3) the law enforcement agencies or other units that 
        will receive the assistance; and
          (4) an explanation of how the proposed assistance 
        will achieve the purposes specified in subsection (a) 
        of this section.
    (g) Reports on Human Rights Situation.--Section 502B(c) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2304(c); relating 
to country-specific human rights reports upon the request of 
the foreign affairs committees) applies with respect to 
countries for which assistance authorized by this section is 
proposed or is being provided.
    (h) Coordination With International Narcotics Control 
Assistance Program.--Assistance under this section shall be 
coordinated with assistance provided under chapter 8 of part I 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 and 
following; relating to international narcotics control 
assistance).
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated $125,000,000 for fiscal year 1990 to carry 
out this section, which amount is authorized to be made 
available until expended.
    (j) \4\ Certain Funding Limitations.--The dollar 
limitations specified in subsections (c)(1) and (d)(1) shall 
not apply after the date of enactment of this subsection.
---------------------------------------------------------------------------
    \4\ Sec. 6(d) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4933; November 2, 1992) added subsec. 
(j).
---------------------------------------------------------------------------

SEC. 4.\5\ ACQUISITION BY SPECIAL DEFENSE ACQUISITION FUND OF DEFENSE 
                    ARTICLES FOR NARCOTICS CONTROL PURPOSES. * * *
---------------------------------------------------------------------------

    \5\ Sec. 4 amended sec. 51(a) of the Arms Export Control Act (22 
U.S.C. 2795(a)).
---------------------------------------------------------------------------

SEC. 5.\6\ EXCESS DEFENSE ARTICLES FOR CERTAIN MAJOR ILLICIT DRUG 
                    PRODUCING COUNTRIES. * * *
---------------------------------------------------------------------------

    \6\ Sec. 5 amended chapter 2 of part II of the Foreign Assistance 
Act (22 U.S.C. 2311 and following) by adding a new sec. 517.
---------------------------------------------------------------------------

SEC. 6. WAIVER OF BROOKE-ALEXANDER AMENDMENT FOR MAJOR COCA PRODUCING 
                    COUNTRIES.

    During fiscal year 1990, section 620(q) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2370(q)) and section 518 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriation Act, 1990, do not apply with respect to 
narcotics-related assistance for a country which is a major 
illicit drug producing country (as defined in section 481(i)(2) 
of the Foreign Assistance Act of 1961) because of its coca 
production.

SEC. 7. MEXICO.

    (a) Limitation on Narcotics Control Assistance.--
          (1) Limitation.--Except as provided in paragraph (2), 
        not more than $15,000,000 of the amounts made available 
        for fiscal year 1990 to carry out chapter 8 of part I 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 
        and following; relating to international narcotics 
        control assistance) may be made available for Mexico.
          (2) Procedure for additional assistance.--Assistance 
        in excess of the amount specified in paragraph (1) may 
        be made available for Mexico only if the congressional 
        committees specified in section 634A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2394-1) are notified 
        at least 15 days in advance in accordance with the 
        procedures applicable to reprogrammings under that 
        section.
    (b) Senate Policy Toward the Control of Illegal Drugs in 
Mexico.--
          (1) Findings.--The Senate finds that--
                  (A) the Foreign Assistance Act of 1961 
                requires, except in cases of vital national 
                interest, that all countries determined to be a 
                major illicit drug producing country or a major 
                drug-transit country must be ``cooperating 
                fully'' with United States antinarcotics 
                activities in order to continue receiving 
                various forms of United States foreign 
                assistance;
                  (B) relations between the United States and 
                Mexico have suffered since the 1985 kidnapping 
                and murder of Drug Enforcement Administration 
                agent Enrique Camarena and the 1986 torture of 
                DEA agent Victor Cortez;
                  (C) testimony before the Senate dating to 
                1986 has indicated that high-ranking Mexican 
                government, military, and law enforcement 
                officials have been involved in illegal 
                narcotics operations, including narcotics 
                trafficking operations into the United States;
                  (D) Mexico has been determined to be the 
                primary producer of marijuana and heroin 
                entering the United States and the transit 
                point for up to 50 percent of the cocaine being 
                smuggled into this country;
                  (E) there have been three drug-related mass 
                murders involving more than 30 victims along 
                the southwest border in recent months involving 
                Mexican drug trafficking organizations;
                  (F) the United States continues to seek, with 
                Mexican cooperation, hot pursuit and overflight 
                authority for United States law enforcement 
                agencies, access to bank records, verification 
                of eradication figures, information on those 
                who have been tried, charged, sentenced, and 
                served time for narcotics-related crimes, and 
                extradition of criminal figures;
                  (G) there was sworn in a new president and 
                Government of Mexico on December 1, 1988, 
                creating a new era of opportunity for increased 
                cooperation and mutual friendship;
                  (H) the new President of Mexico, Carlos 
                Salinas de Gortari, has indicated a strong 
                willingness to expand and improve Mexico's 
                antinarcotics activities;
                  (I) the Chief of the Mexico City Police 
                Investigative Service, Miguel Nazar Haro, who 
                is under indictment in the United States, has 
                been fired;
                  (J) the Government of Mexico has arrested 
                Miguel Angel Felix-Gallardo, one of the most 
                notorious drug trafficking figures in Mexico;
                  (K) Mexican officials have for the first time 
                conceded that corrupt Mexican officials, 
                including law enforcement, government, and 
                military officials, have previously protected 
                Mr. Gallardo; and
                  (L) criminal charges of electoral fraud 
                against the mayor of Hermosillo, Carlos Robles, 
                and homicide and arms charges against the head 
                of Mexico's Oil Workers Union, Joaquin 
                Hernandez Galicia, have been filed.
          (2) Senate policy.--It is the sense of the Senate 
        that--
                  (A) President Salinas should be supported in 
                his expressed willingness to end the narcotics-
                related corruption that has permeated the 
                Government of Mexico in the past;
                  (B) Mexico should conclude the prosecution of 
                the murders of Drug Enforcement Administration 
                agent Camarena, the perpetrators of torture 
                against DEA agent Cortez, and make progress in 
                the prosecution of Felix-Gallardo;
                  (C) Mexico should demonstrate its commitment 
                to cooperating fully in antinarcotics 
                activities by entering into negotiations with 
                the United States on--
                          (i) joint overflight and hot pursuit 
                        operations, involving Mexican law 
                        enforcement officials traveling on 
                        United States interdiction aircraft 
                        with Mexican officers having 
                        responsibility for actual arrests of 
                        suspects;
                          (ii) participation of United States 
                        law enforcement agencies in air 
                        surveillance flights for interdiction 
                        efforts and joint United States-Mexico 
                        border enforcement and interdiction 
                        operations;
                          (iii) United States requests for 
                        access to bank records to assist in 
                        carrying out narcotics-related 
                        investigations; and
                          (iv) United States requests for 
                        verification of eradication statistics, 
                        including ground verification; and
                  (D) the people of Mexico should be supported 
                in their efforts to rid their country of 
                illicit narcotics, bribery and corruption, and 
                electoral fraud.

SEC. 8. NONAPPLICABILITY OF CERTAIN PROCEDURES TO CERTAIN MAJOR DRUG-
                    TRANSIT COUNTRIES.

    Section 481(h) of the Foreign Assistance Act of 1961 shall 
not apply with respect to a major drug-transit country for 
fiscal year 1990 or fiscal year 1991 \7\ if the President 
certifies to the Congress, during that fiscal year, that--
---------------------------------------------------------------------------
    \7\ Sec. 9 of the International Narcotics Control Act of 1990 
(Public Law 101-623; 104 Stat. 3355) inserted ``or fiscal year 1991''.
---------------------------------------------------------------------------
          (1) subparagraph (C) of section 481(i)(5) of that 
        Act, relating to money laundering, does not apply to 
        that country;
          (2) the country previously was a major illicit drug 
        producing country but, during each of the preceding two 
        years, has effectively eliminated illicit drug 
        production; and
          (3) the country is cooperating fully with the United 
        States or has taken adequate steps on its own--
                  (A) in satisfying the goals agreed to in an 
                applicable bilateral narcotics agreement with 
                the United States (as described in section 
                481(h)(2)(B) of that Act) or a multilateral 
                agreement which achieves the objectives of that 
                section;
                  (B) in preventing narcotic and psychotropic 
                drugs and other controlled substances 
                transported through such country from being 
                sold illegally within the jurisdiction of such 
                country to United States Government personnel 
                or their dependents or from being transported, 
                directly or indirectly, into the United States; 
                and
                  (C) in preventing and punishing bribery and 
                other forms of public corruption which 
                facilitate the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or which 
                discourage the investigation and prosecution of 
                such acts.

SEC. 9. COORDINATION OF UNITED STATES TRADE POLICY AND NARCOTICS 
                    CONTROL OBJECTIVES.

    (a) Need for Coordination.--It is the sense of the Congress 
that United States trade policy should be coordinated with 
United States narcotics control objectives, particularly with 
respect to issues such as the International Coffee Agreement.
    (b) Presidential Review.--The Congress commends the 
President for reviewing whether the International Coffee 
Agreement negotiations should be resumed and whether the trade 
benefits provided in the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701 and following) should be extended to the major 
coca producing countries of Latin America.

SEC. 10.\8\ DEBT-FOR-DRUGS EXCHANGES.

    (a) Authority.--The President may release Bolivia, 
Colombia, or Peru from its obligation to make payments to the 
United States Government of principal and interest on account 
of a loan made to that country under the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 and following; relating to foreign 
assistance programs) or credits extended for that country under 
section 23 of the Arms Export Control Act (22 U.S.C. 2763; 
relating to foreign military sales credits) if the President 
determines that that country is implementing programs to reduce 
the flow of cocaine to the United State in accordance with a 
formal bilateral or multilateral agreement, to which the United 
States is a party, that contains specific, quantitative and 
qualitative, performance criteria with respect to those 
programs.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (b) Congressional Review of Agreements.--The President 
shall submit any such agreement with Bolivia, Colombia, or Peru 
to the Committee on Foreign Affairs \9\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate at least 15 days before exercising the authority of 
section (a) with respect to that country.
---------------------------------------------------------------------------
    \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) Coordination with Multilateral Debt Relief 
Activities.--The authority provided in subsection (a) shall be 
exercised in coordination with multilateral debt relief 
activities.
    (d) Effective Date.--Subsection (a) takes effect on October 
1, 1990.

SEC. 11. MULTILATERAL ANTINARCOTICS STRIKE FORCE.

    (a) Findings.--The Congress finds that--
          (1) the Congress has, in the past, indicated its 
        support for a multilateral, regional approach to 
        narcotics control efforts;
          (2) a proposal to create a multilateral, 
        international antinarcotics force for the Western 
        Hemisphere, is a plan worthy of praise and strong 
        United States support;
          (3) the development of a greater capability to assist 
        the governments of Latin America and the Caribbean, 
        including the Caribbean Basin nations, is an essential 
        component of efforts to interdict the flow of narcotics 
        to the United States; and
          (4) regional leadership in the promotion of a 
        multilateral, paramilitary force to combat the drug 
        cartels is welcomed and encouraged.
    (b) Sense of Congress.--It is therefore the sense of the 
Congress that--
          (1) the proposal for the promotion of a regional 
        multilateral antinarcotics force for the Western 
        Hemisphere should be endorsed; and
          (2) the United States should work through the United 
        Nations, the Organization of American States, and other 
        multilateral organizations to determine the feasibility 
        of such a force and should assist in the establishment 
        of this force if it is found to be feasible.

SEC. 12. WEAPONS TRANSFERS TO INTERNATIONAL NARCOTICS TRAFFICKERS.

    (a) Halting Weapons Transfers to Narcotics Traffickers.--
The Congress urges the President to seek agreement by the 
relevant foreign countries, especially the member countries of 
the North Atlantic Treaty Organization and the member countries 
of the Warsaw Pact, to join with the United State in taking the 
necessary steps to halt transfers of weapons to narcotics 
traffickers in Latin America.
    (b) Coordination of United States Efforts to Track Illegal 
Arms Transfers.--The Congress urges the President to improve 
the coordination of United States Government efforts--
          (1) to track the flow of weapons illegally from the 
        United States and other countries to international 
        narcotics traffickers, and
          (2) to prevent such illegal shipments from the United 
        States.
    (c) INTERPOL.--The Congress calls upon the President to 
direct the United States representative to INTERPOL to urge 
that organization to study the feasibility of creating an 
international database on the flow of those types of weapons 
that are being acquired illegally by international narcotics 
traffickers.
    (d) Report to Congress.--Not later than 6 months after the 
date of enactment of this Act, the President shall report to 
the Congress on the steps taken in accordance with this 
section.

SEC. 13. REWARDS FOR INFORMATION CONCERNING ACTS OF INTERNATIONAL 
                    TERRORISM.

    (a) Amendment.--Subject to subsection (b), section 36(c) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2708(c)) is amended by striking out ``$500,000'' and inserting 
in lieu thereof ``$2,000,000''.
    (b) Avoiding Duplicative Amendments.--If the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, is 
enacted before this Act, and that Act makes the same amendment 
as is described in subsection (a), then subsection (a) shall 
not take effect, If, however, this Act is enacted before the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991, and that Act would make the same amendment as is made by 
subsection (a), then that amendment as proposed to be made by 
that Act shall not take effect.\10\
---------------------------------------------------------------------------
    \10\ The Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991 (Public Law 101-246; 104 Stat. 15), was enacted on February 16, 
1990. See sec. 1001 in Legislation on Foreign Relations Through 2005, 
vol. II, sec. D.
---------------------------------------------------------------------------

SEC. 14. WAIVER OF BUMPERS AMENDMENT.

    (a) Assistance for Crop Substitution Activities.--During 
fiscal year 1990, the provisions described in subsection (b) do 
not apply with respect to assistance for crop substitution 
activities undertaken in furtherance of narcotics control 
objectives.
    (b) Bumpers Amendment.--The provisions made inapplicable by 
subsection (a) are any provisions of the annual Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act that prohibit the use of funds made 
available to carry out part I of the Foreign Assistance Act of 
1961 for activities in connection with the growth or production 
in a foreign country of an agricultural commodity for export 
which would compete with a similar commodity grown or produced 
in the United States.

SEC. 15.\11\ PARTICIPATION IN FOREIGN POLICE ACTIONS. * * *

SEC. 16.\12\ AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
                    NARCOTICS CONTROL ASSISTANCE. * * *

SEC. 17.\13\ REVISIONS OF CERTAIN NARCOTICS-RELATED PROVISIONS OF THE 
                    FOREIGN ASSISTANCE ACT. * * *

      
---------------------------------------------------------------------------
    \11\ Sec. 15 amended sec. 481(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291(c)).
    \12\ Sec. 16 amended sec. 482(a)(1) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2292(a)(1)).
    \13\ Sec. 17 extensively amended sec. 481 of the Foreign Assistance 
Act of 1961. Sec. 17(h) made conforming amendments to secs. 802 and 805 
of the Narcotics Control Trade Act. For text, see Legislation on 
Foreign Relations Through 2005, vol. III.
            (6) International Narcotics Control Act of 1988

   Title IV of Public Law 100-690 [Anti-Drug Abuse Act of 1988, H.R. 
 5210], 102 Stat. 4181 at 4261, approved November 18, 1988; amended by 
 Public Law 102-583 [International Narcotics Control Act of 1992; H.R. 
  6187], 106 Stat. 4914, approved November 2, 1992; and by Public Law 
103-447 [International Narcotics Control Corrections Act of 1994; H.R. 
            5246], 108 Stat. 4691, approved November 2, 1994

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Sec. 6(e)(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat.
 
                           ``(e) Repeal of Obsolete Provisions.--
                               ``(1) 1988 drug act.--All sections of the International Narcotics Control Act of 1988 (which is
                            title IV of the Anti-Drug Abuse Act of 1988) are repealed except for sections 4001, 4306, 4308,
                            4309, 4501, 4702, and 4804. Section 4501(b) of that Act is amended by striking out `Section 4601 of
                            this title' and inserting in lieu thereof `Section 489(b) of the Foreign Assistance Act of 1961'.''.
                           Subsequently, sec. 103(b) of the International Narcotics Control Corrections Act of 1994 (Public Law
                         103-447) repealed the remaining sections except for the title heading and sec. 4702, subsecs. (a)
                         through (f).
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

 AN ACT To prevent the manufacturing, distribution, and use of illegal 
                     drugs, and for other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Anti-Drug Abuse Act of 
1988''.
---------------------------------------------------------------------------
    \1\ 21 U.S.C. 1501 note.
---------------------------------------------------------------------------
          * * * * * * *

               TITLE IV--INTERNATIONAL NARCOTICS CONTROL

SEC. 4702.\2\ RESTRICTIONS ON LAUNDERING OF UNITED STATES CURRENCY.

    (a) Findings.--The Congress finds that international 
currency transactions, especially in United States currency, 
that involve the proceeds of narcotics trafficking fuel trade 
in narcotics in the United States and worldwide and 
consequently are a threat to the national security of the 
United States.
---------------------------------------------------------------------------
    \2\ 31 U.S.C. 5311 note.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of this section is to provide for 
international negotiations that would expand access to 
information on transactions involving large amounts of United 
States currency wherever those transactions occur worldwide.
    (c) Negotiations.--(1) The Secretary of the Treasury 
(hereinafter in this section referred to as the ``Secretary'') 
shall enter into negotiations with the appropriate financial 
supervisory agencies and other officials of any foreign country 
the financial institutions of which do business in United 
States currency. Highest priority shall be attached to 
countries whose financial institutions the Secretary 
determines, in consultation with the Attorney General and the 
Director of National Drug Control Policy, may be engaging in 
currency transactions involving the proceeds of international 
narcotics trafficking, particularly United States currency 
derived from drug sales in the United States.
    (2) The purposes of negotiations under this subsection 
are--
          (A) to reach one or more international agreements to 
        ensure that foreign banks and other financial 
        institutions maintain adequate records of large United 
        States currency transactions, and
          (B) to establish a mechanism whereby such records may 
        be made available to United States law enforcement 
        officials.
In carrying out such negotiations, the Secretary should seek to 
enter into and further cooperative efforts, voluntary 
information exchanges, the use of letters rogatory, and mutual 
legal assistance treaties.
    (d) Reports.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit an interim 
report to the Committee on Banking, Finance and Urban Affairs 
\3\ of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate on progress 
in the negotiations under subsection (c). Not later than 2 
years after such enactment, the Secretary shall submit a final 
report to such Committees and the President on the outcome of 
those negotiations and shall identify, in consultation with the 
Attorney General and the Director of National Drug Control 
Policy, countries--
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives.
---------------------------------------------------------------------------
          (1) with respect to which the Secretary determines 
        there is evidence that the financial institutions in 
        such countries are engaging in currency transactions 
        involving the proceeds of international narcotics 
        trafficking; and
          (2) which have not reached agreement with United 
        States authorities on a mechanism for exchanging 
        adequate records on international currency transactions 
        in connection with narcotics investigations and 
        proceedings.
    (e) Authority.--If after receiving the advice of the 
Secretary and in any case at the time of receipt of the 
Secretary's report, the Secretary determines that a foreign 
country--
          (1) has jurisdiction over financial institutions that 
        are substantially engaging in currency transactions 
        that effect the United States involving the proceeds of 
        international narcotics trafficking;
          (2) such country has not reached agreement on a 
        mechanism for exchanging adequate records on 
        international currency transactions in connection with 
        narcotics investigations and proceedings; and
          (3) such country is not negotiating in good faith to 
        reach such an agreement,
the President shall impose appropriate penalties and sanctions, 
including temporarily or permanently--
          (1) prohibiting such persons, institutions or other 
        entities in such countries from participating in any 
        United States dollar clearing or wire transfer system; 
        and
          (2) prohibiting such persons, institutions or 
        entities in such countries from maintaining an account 
        with any bank or other financial institution chartered 
        under the laws of the United States or any State.
Any penalties or sanctions so imposed may be delayed or waived 
upon certification of the President to the Congress that it is 
in the national interest to do so. Financial institutions in 
such countries that maintain adequate records shall be exempt 
from such penalties and sanctions.
    (f) Definitions.--For the purposes of this section--
          (1) The term ``United States currency'' means Federal 
        Reserve Notes and United States coins.
          (2) The term ``adequate records'' means records of 
        United States' currency transactions in excess of 
        $10,000 including the identification of the person 
        initiating the transaction, the person's business or 
        occupation, and the account or accounts affected by the 
        transaction, or other records of comparable effect.
    (g) \4\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \4\ Sec. 103(b) of Public Law 103-447 (108 Stat. 4693) repealed 
subsec. (g), which had previously read as follows:
    ``(g) Sunset.--The authority given the President in subsection (e) 
shall expire on June 30, 1994.''.
            (7) International Narcotics Control Act of 1986

Title II of Public Law 99-570 [Anti-Drug Abuse Act of 1986, H.R. 5484], 
  100 Stat. 3207-60, approved October 27, 1986; amended by Public Law 
 100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102 
      Stat. 4181, approved November 18, 1988; Public Law 102-583 
  [International Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 
      4914, approved November 2, 1992; and by Public Law 103-447 
 [International Narcotics Control Corrections Act of 1994; H.R. 5246], 
               108 Stat. 4691, approved November 2, 1994

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Sec. 6(e)(2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat.
 
                           ``(e) Repeal of Obsolete Provisions.-- * * *
                               ``(2) 1986 drug act.--All sections of the International Narcotics Control Act of 1986 (which is
                            title II of the Anti-Drug Abuse Act of 1986) are repealed except for sections 2001, 2010, 2015,
                            2018, and 2029.''.
                           Subsequently, sec. 103(c) of the International Narcotics Control Corrections Act of 1994 (Public Law
                         103-447) repealed the remaining sections except for the title heading and sec. 2018.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

 AN ACT To strengthen Federal efforts to encourage foreign cooperation 
  in eradicating illicit drug crops and in halting international drug 
   traffic, to improve enforcement of Federal drug laws and enhance 
   interdiction of illicit drug shipments, to provide strong Federal 
    leadership in establishing effective drug abuse prevention and 
education programs, to expand Federal support for drug abuse treatment 
          and rehabilitation efforts, and for other purposes.

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

SEC. 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Anti-Drug Abuse Act of 
1986''.
---------------------------------------------------------------------------
    \1\ 21 U.S.C. 801 note.
---------------------------------------------------------------------------
          * * * * * * *

               TITLE II--INTERNATIONAL NARCOTICS CONTROL

SEC. 2001.\2\ SHORT TITLE.

    This title may be cited as the ``International Narcotics 
Control Act of 1986''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2018.\3\ MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG 
                    ERADICATION AND CROP SUBSTITUTION PROGRAMS.

    (a) MDB Assistance for Development and Implementation of 
Drug Eradication Program.--The Secretary of the Treasury shall 
instruct the United States Executive Directors of the 
multilateral development banks to initiate discussions with 
other Directors of their respective banks and to propose that 
all possible assistance be provided to each major illicit drug 
producing country for the development and implementation of a 
drug eradication program, including technical assistance, 
assistance in conducting feasibility studies and economic 
analyses, and assistance for alternate economic activities.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (b) Increases in Multilateral Development Bank Lending for 
Crop Substitution Projects.--The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
multilateral development banks to initiate discussions with 
other Directors of their respective banks and to propose that 
each such bank increase the amount of lending by such bank for 
crop substitution programs which will provide an economic 
alternative for the cultivation or production of illicit 
narcotic drugs or other controlled substances in major illicit 
drug producing countries, to the extent such countries develop 
and maintain adequate drug eradication programs.
    (c) National Advisory Council Report.--The Secretary of the 
Treasury shall include in the annual report to the Congress by 
the National Advisory Council on International Monetary and 
Financial Policies a detailed accounting of the manner in which 
and the extent to which the provisions of this section have 
been carried out.\4\
---------------------------------------------------------------------------
    \4\ Sec. 407(b) and (c) of the International Development and 
Finance Act of 1989 (Public Law 101-240; 103 Stat. 2504) required the 
Secretary of the Treasury to include in this report a discussion of any 
multilateral development bank evaluation of those countries determined 
to be ``major producers, processors, traffickers, or exporters of 
illegal drugs to the United States'' applying for loans to reduce their 
debt and debt burden.
---------------------------------------------------------------------------
    (d) Definitions.--For purposes of this section--
          (1) Multilateral development bank.--The term 
        ``multilateral development bank'' means the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the Inter-
        American Development Bank, the African Development 
        Bank, and the Asian Development Bank.
          (2) Major illicit drug producing country.--The term 
        ``major illicit drug producing country'' has the 
        meaning provided in section 481(i)(2) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 229(i)(2)).
          (3) Narcotic drug and controlled substance.--The 
        terms ``narcotic drug'' and ``controlled substance'' 
        have the meanings given to such terms in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
 (8) Export-Import Bank Act of 1945, as amended--Provisions Governing 
           Foreign Assistance Act Funds In Counter-Narcotics

 Partial text of Public Law 79-173 [H.R. 3771], 59 Stat. 526, approved 
                       July 31, 1945, as amended

 AN ACT To provide for increasing the lending authority of the Export-
       Import Bank of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Export-Import Bank Act of 1945.''
    Sec. 2.\1\ (a)(1) There is hereby created a corporation 
with the name Export-Import Bank of the United States which 
shall be an agency of the United States of America. * * *
---------------------------------------------------------------------------
    \1\ 12 U.S.C. 635. For full text of this Act, see Legislation on 
Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
    (b) * * *
          * * * * * * *
    (6)(A) The Bank shall not guarantee, insure, or extend 
credit, or participate in an extension of credit in connection 
with any credit sale of defense articles and defense services 
to any country.
    (B) Subparagraph (A) shall not apply to any sale of defense 
articles or services if--
          (i) the Bank is requested to provide a guarantee or 
        insurance for the sale;
          (ii) the President determines that the defense 
        articles or services are being sold primarily for anti-
        narcotics purposes;
          (iii) section 490(e) of the Foreign Assistance Act of 
        1961 does not apply with respect to the purchasing 
        country; and
          (iv) the President determines, in accordance with 
        subparagraph (C), that the sale is in the national 
        interest of the United States; and
          (v) the Bank determines that, notwithstanding the 
        provision of a guarantee or insurance for the sale, not 
        more than 5 percent of the guarantee and insurance 
        authority available to the Bank in any fiscal year will 
        be used by the Bank to support the sale of defense 
        articles or services.
    (C) In determining whether a sale of defense articles or 
services would be in the national interest of the United 
States, the President shall take into account whether the sale 
would--
          (i) be consistent with the anti-narcotics policy of 
        the United States;
          (ii) involve the end use of a defense article or 
        service in a major illicit drug producing or major 
        drug-transit country (as defined in section 481(e) of 
        the Foreign Assistance Act of 1961); and
          (iii) be made to a country with a democratic form of 
        government.
          * * * * * * *
                   (9) National Drug Control Program

Executive Order 12880, November 16, 1993, 58 F.R. 60989, 21 U.S.C. 1701 
  note; amended by Executive Order 13008, June 3, 1996, 61 F.R. 28721

    The Office of National Drug Control Policy has the lead 
responsibility within the Executive Office of the President to 
establish policies, priorities, and objectives for the Nation's 
drug control program, with the goal of reducing the production, 
availability, and use of illegal drugs. All lawful and 
reasonable means must be used to ensure that the United States 
has a comprehensive and effective National Drug Control 
Strategy. Therefore, by the authority bested in me as President 
by the Constitution and the laws of the United States of 
America, including the National Narcotics Leadership Act of 
1988, as amended (21 U.S.C. 1501 et seq.), and in order to 
provide for the effective management of the drug abuse policies 
of the United States, it is hereby ordered as follows:
    Sec. 1. General Provisions. (a) Because the United States 
considers the operations of international criminal narcotics 
syndicates as a national security threat requiring an 
extraordinary and coordinated response by civilian and military 
agencies involved in national security, the Director of the 
Office of National Drug Control Policy (Director), in his role 
as the principal adviser to the National Security Council on 
national drug control policy (50 U.S.C. 402(f)), shall provide 
drug policy guidance and direction in the development of 
related national security programs.
    (b) The Director shall provide oversight and direction for 
all international counternarcotics policy development and 
implementation, in coordination with other concerned Cabinet 
members, as appropriate.
    (c) An Interagency Working Group (IWG) on international 
counternarcotics policy, chaired by the Office of National Drug 
Control Policy,\1\ shall develop and ensure coordinated 
implementation of an international counternarcotics policy. The 
IWG shall report its activities and differences of views among 
agencies to the Director for review, mediation, and resolution 
with concerned Cabinet members, and if necessary, by the 
President.
---------------------------------------------------------------------------
    \1\ Executive Order 13008 (June 3, 1996; 61 F.R. 28721) struck out 
``Department of State'' and inserted in lieu thereof ``Office of 
National Drug Control Policy''.
---------------------------------------------------------------------------
    (d) A coordinator for drug interdiction shall be designated 
by the Director to ensure that assets dedicated by Federal drug 
program agencies for interdiction are sufficient and that their 
use is properly integrated and optimized. The coordinator shall 
ensure that interdiction efforts and priorities are consistent 
with overall U.S. international counternarcotics policy.
    (e) The Director shall examine the number and structure of 
command/control and drug intelligence centers operated by drug 
control program agencies involved in international counter-
narcotics and suggest improvements to the current structure for 
consideration by the President and concerned members of the 
Cabinet.
    (f) The Director, utilizing the services of the Drugs and 
Crime Data Center and Department of Justice Clearinghouse, 
shall assist in coordinating and enhancing the dissemination of 
statistics and studies relating to anti-drug abuse policy.
    (g) the Director shall provide advice to agencies regarding 
ways to achieve efficiencies in spending and improvements to 
interagency cooperation that could enhance the delivery of drug 
control treatment and prevention services to the public. The 
Director may request agencies to provide studies, information, 
and analyses in support of this order.
    Sec. 2. Goals, Direction, Duties and Responsibilities with 
Respect to the National Drug Control Program. (a) Budget 
Matters. (1) In addition to the budgetary authorities and 
responsibilities provided to the Director by statute, 21 U.S.C. 
1502, for those agency budget requests that are not certified 
as adequate to implement the objectives of the National Drug 
Control Strategy, the Director shall include in such 
certifications initiatives or funding levels that would make 
such requests adequate.
    (2) The Director shall provide, by July 1 of each year, 
budget recommendations to the heads of departments and agencies 
with responsibilities under the National Drug Control Program. 
The recommendations shall apply to the second following fiscal 
year and address funding priorities developed in the annual 
National Drug Control Strategy.
    (b) Measurement of National Drug Control Strategy Outcomes. 
(1) The National Drug Control Strategy shall include long-range 
goals for reducing drug use and the consequences of drug use in 
the United States, including burdens on hospital emergency 
rooms, drug use among arrestees, the extent of drug-related 
crime, high school dropout rates, the number of infants exposed 
annually to illicit drugs in utero, national drug abuse 
treatment capacity, and the annual national health care costs 
of drug use.
    (2) The National Drug Control Strategy shall also include 
an assessment of the quality of techniques and instruments to 
measure current drug use and supply and demand reduction 
activities, and the adequacy of the coverage of existing 
national drug use instruments and techniques to measure the 
total illicit drug user population and groups at-risk for drug 
use.
    (3) The Director shall coordinate an effort among the 
relevant drug control program agencies to assess the quality, 
access, management, effectiveness, and standards of 
accountability of drug abuse treatment, prevention, education, 
and other demand reduction activities.
    (c) Provision of Reports. To the extent permitted by law, 
heads of departments and agencies with responsibilities under 
the National Drug Control Program shall make available to the 
Office of National Drug Control Policy, appropriate statistics, 
studies, and reports, pertaining to Federal drug abuse control.
                (10) President's Drug Policy Council \1\

 Executive Order 12992, March 15, 1996, 61 F.R. 11287, 21 U.S.C. 1701 
   note; amended by Executive Order 13023, November 6, 1996, 61 F.R. 
  57767; and by Executive Order 13284, January 23, 2003, 68 F.R. 4075

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including section 301 of title 3, United States Code, it is 
hereby ordered as follows:
    Section 1. Establishment. There is established the 
President's Drug Policy Council (``Council'').\1\
---------------------------------------------------------------------------
    \1\ Executive Order 13023 (November 6, 1996; 61 F.R. 57767) renamed 
the council from ``President's Council on Counter-Narcotics''.
---------------------------------------------------------------------------
    Sec. 2.\2\ Membership. The Council shall comprise the:
---------------------------------------------------------------------------
    \2\ Sec. 3 of Executive Order 13023 (November 6, 1996; 61 F.R. 
57767) amended and restated sec. 2.
---------------------------------------------------------------------------
          (a) President, who shall serve as Chairman of the 
        Council;
          (b) Vice-President;
          (c) Secretary of State;
          (d) Secretary of the Treasury;
          (e) Secretary of Defense;
          (f) Attorney General;
          (g) Secretary of the Interior;
          (h) Secretary of Agriculture;
          (i) Secretary of Health and Human Services;
          (j) Secretary of Housing and Urban Development;
          (k) Secretary of Transportation;
          (l) Secretary of Education;
          (m) Secretary of Veterans Affairs;
          (n) \3\ Secretary of Homeland Security;
---------------------------------------------------------------------------
    \3\ Sec. 8 of Executive Order 13284 (January 23, 2003; 68 F.R. 
4076) inserted subsec. (n), and relettered previous subsec. (n) and 
those that follow.
---------------------------------------------------------------------------
          (o) Representative of the United States of America to 
        the United Nations;
          (p) Director of the Office of Management and Budget;
          (q) Chief of Staff to the President;
          (r) Director of National Drug Control Policy;
          (s) Director of Central Intelligence;
          (t) Assistant to the President for National Security 
        Affairs;
          (u) Counsel to the President;
          (v) Chairman, Joint Chiefs of Staff;
          (w) National Security Advisor to the Vice President; 
        and
          (x) Assistant to the President for Domestic Policy.
    As applicable, the Council shall also comprise such other 
officials of the departments and agencies as the President may, 
from time to time, designate.
    Sec. 3. Meetings of the Council. The President, or upon his 
direction, the Vice President, may convene meetings of the 
Council. The President shall preside over meetings of the 
Council, provided that in his absence, the Vice President will 
preside. The Council will meet at least quarterly.
    Sec. 4. Functions. (a) The functions of the Council are to 
advise and assist the President in: (1) providing direction and 
oversight for the national drug control strategy, including 
relating drug control policy to other national security 
interests and establishing priorities; and (2) ensuring 
coordination among departments and agencies concerning 
implementation of the President's national drug control 
strategy.
    (b) The Director of National Drug Control Policy will 
continue to be the senior drug control policy official in the 
executive branch and the President's chief drug control policy 
spokesman.
    (c) In matters affecting national security interests, the 
Director of National Drug Control Policy shall work in 
conjunction with the Assistant to the President for National 
Security Affairs.
    Sec. 5. Administration. (a) The Council may utilize 
established or ad hoc committees, task forces, or interagency 
groups chaired by the Director of National Drug Control Policy 
or his representative, in carrying out its functions under this 
order.
    (b) The staff of the Office of National Drug Control 
Policy, in coordination with the staffs of the Vice President 
and the Assistant to the President for National Security 
Affairs, shall act as staff for the Council.
    (c) All executive departments and agencies shall cooperate 
with the Council and provide such assistance, information, and 
advice as the Council may request, to the extent permitted by 
law.
           i. Security Assistance and Arms Sales Legislation

                  (1) Security Assistance Act of 2002

Division B of Public Law 107-228 [Foreign Relations Authorization Act, 
 2003; H.R. 1646], 116 Stat. 1350 at 1425, approved September 30, 2002

  AN ACT to authorize appropriations for the Department of State for 
  fiscal year 2003, to authorize appropriations under the Arms Export 
    Control Act and the Foreign Assistance Act of 1961 for security 
        assistance for fiscal year 2003, and for other purposes.

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

              DIVISION B--SECURITY ASSISTANCE ACT OF 2002

                      TITLE X--GENERAL PROVISIONS

SEC. 1001.\1\ SHORT TITLE.

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

SEC. 1002.\1\ DEFINITIONS.

    In this division:
          (1) Defense article.--The term ``defense article'' 
        has the meaning given the term in section 47(3) of the 
        Arms Export Control Act (22 U.S.C. 2794 note).
          (2) Defense service.--The term ``defense service'' 
        has the meaning given the term in section 47(4) of the 
        Arms Export Control Act (22 U.S.C. 2794 note).
          (3) Excess defense article.--The term ``excess 
        defense article'' has the meaning given the term in 
        section 644(g) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2403(g)).

TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS

SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.

    (a) In General.--Of the amount authorized to be 
appropriated by section 111(a)(1)(A), $14,000,000 is authorized 
to be available for the Bureau of Verification and Compliance 
of the Department of State for Bureau-administered activities, 
including the Key Verification Assets Fund and to upgrade 
Bureau spaces for certification as a Sensitive Compartmented 
Information Facility (SCIF).
    (b) Additional Personnel.--In addition to the amount made 
available under subsection (a), $1,800,000 is authorized to be 
available for the fiscal year 2003 from the Department's 
American Salaries Account, for the purpose of hiring new 
personnel to carry out the Bureau's responsibilities, as set 
forth in section 112 of the Arms Export Control and 
Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted 
into law by section 1000(a)(7) of Public Law 106-113, including 
the assignment of one full-time person to the Bureau to manage 
the document control, tracking, and printing requirements of 
the Bureau's operation in a SCIF.

SEC. 1102. KEY VERIFICATION ASSETS FUND.

    Of the total amount made available to the Department for 
fiscal year 2003, $7,000,000 is authorized to be available 
within the Verification and Compliance Bureau's account to 
carry out section 1111 of the Arms Control and Nonproliferation 
Act of 1999 (113 Stat. 1501A-486), as enacted into law by 
section 1000(a)(7) of Public Law 106-113.

SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.

    Section 403(a) of the Arms Control and Disarmament Act (22 
U.S.C. 2593a(a)) is amended * * * \2\
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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.
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       Subtitle B--International Military Education and Training

SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the President 
$85,000,000 for fiscal year 2003 to carry out chapter 5 of part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et 
seq.; relating to international military education and 
training).

SEC. 1212. HUMAN RIGHTS VIOLATIONS.

    (a) Annual Report.--Chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by 
adding at the end the following new section: * * * \5\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \15\ 50 U.S.C. 2368.
---------------------------------------------------------------------------
    (b) Matters To Be Included.--Each such report shall 
include--
          (1) the transfer of all aircraft, cruise missiles, 
        artillery weapons, unguided rockets and multiple rocket 
        systems, and related bombs, shells, warheads and other 
        weaponization technology and materials that the 
        Secretary or the Secretary of Defense has reason to 
        believe may be intended for the delivery of NBC 
        weapons;
          (2) international transfers of MTCR equipment or 
        technology to any country that is seeking to acquire 
        such equipment or any other system that the Secretary 
        or the Secretary of Defense has reason to believe may 
        be used to deliver NBC weapons; and
          (3) the transfer of technology, test equipment, 
        radioactive materials, feedstocks and cultures, and all 
        other specialized materials that the Secretary or the 
        Secretary of Defense has reason to believe could be 
        used to manufacture NBC weapons.
    (c) Content of Report.--Each such report shall include the 
following with respect to preceding calendar year:
          (1) The status of missile, aircraft, and other NBC 
        weapons delivery and weaponization programs in any such 
        country, including efforts by such country or by any 
        subnational group to acquire MTCR-controlled equipment, 
        NBC-capable aircraft, or any other weapon or major 
        weapon component which may be utilized in the delivery 
        of NBC weapons, whose primary use is the delivery of 
        NBC weapons, or that the Secretary or the Secretary of 
        Defense has reason to believe could be used to deliver 
        NBC weapons.
          (2) The status of NBC weapons development, 
        acquisition, manufacture, stockpiling, and deployment 
        programs in any such country, including efforts by such 
        country or by any subnational group to acquire 
        essential test equipment, manufacturing equipment and 
        technology, weaponization equipment and technology, and 
        radioactive material, feedstocks or components of 
        feedstocks, and biological cultures and toxins.
          (3) A description of assistance provided by any 
        person or government, after the date of the enactment 
        of this Act, to any such country or subnational group 
        in the acquisition or development of--
                  (A) NBC weapons;
                  (B) missile systems, as defined in the MTCR 
                or that the Secretary or the Secretary of 
                Defense has reason to believe may be used to 
                deliver NBC weapons; and
                  (C) aircraft and other delivery systems and 
                weapons that the Secretary or the Secretary of 
                Defense has reason to believe could be used to 
                deliver NBC weapons.
          (4) A listing of those persons and countries that 
        continue to provide such equipment or technology 
        described in paragraph (3) to any country or 
        subnational group as of the date of submission of the 
        report, including the extent to which foreign persons 
        and countries were found to have knowingly and 
        materially assisted such programs.
          (5) A description of the use of, or substantial 
        preparations to use, the equipment of technology 
        described in paragraph (3) by any foreign country or 
        subnational group.
          (6) A description of the diplomatic measures that the 
        United States, and that other adherents to the MTCR and 
        other arrangements affecting the acquisition and 
        delivery of NBC weapons, have made with respect to 
        activities and private persons and governments 
        suspected of violating the MTCR and such other 
        arrangements.
          (7) An analysis of the effectiveness of the 
        regulatory and enforcement regimes of the United States 
        and other countries that adhere to the MTCR and other 
        arrangements affecting the acquisition and delivery of 
        NBC weapons in controlling the export of MTCR and other 
        NBC weapons and delivery system equipment or 
        technology.
          (8) A summary of advisory opinions issued under 
        section 11B(b)(4) of the Export Administration Act of 
        1979 (50 U.S.C. App. 2401b(b)(4)) and under section 
        73(d) of the Arms Export Control Act (22 U.S.C. 
        2797b(d)).
          (9) An explanation of United States policy regarding 
        the transfer of MTCR equipment or technology to foreign 
        missile programs, including programs involving launches 
        of space vehicles.
          (10) A description of each transfer by any person or 
        government during the preceding 12-month period which 
        is subject to sanctions under the Iran-Iraq Arms Non-
        Proliferation Act of 1992 (title XVI of Public Law 102-
        484).
    (d) Exclusions.--The countries excluded under subsection 
(a) are Australia, Belgium, Canada, the Czech Republic, 
Denmark, France, Germany, Greece, Hungary, Iceland, Italy, 
Japan, Luxembourg, the Netherlands, New Zealand, Norway, 
Poland, Portugal, Spain, Turkey, the United Kingdom, and the 
United States.
    (e) Classification of Report.--The Secretary shall make 
every effort to submit all of the information required by this 
section in unclassified form. Whenever the Secretary submits 
any such information in classified form, the Secretary shall 
submit such classified information in an addendum and shall 
also submit concurrently a detailed summary, in unclassified 
form, of that classified information.
    (f) Definitions.--In this section:
          (1) Designated congressional committees.--The term 
        ``designated congressional committees'' means--
                  (A) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on International Relations of the House of 
                Representatives; and
                  (B) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on Foreign Relations of the Senate.
          (2) Missile; mtcr; mtcr equipment or technology.--The 
        terms ``missile'', ``MTCR'', and ``MTCR equipment or 
        technology'' have the meanings given those terms in 
        section 74 of the Arms Export Control Act (22 U.S.C. 
        2797c).
          (3) Person.--The term ``person'' means any United 
        States or foreign individual, partnership, corporation, 
        or other form of association, or any of its successor 
        entities, parents, or subsidiaries.
          (4) Weaponize; weaponization.--The term ``weaponize'' 
        or ``weaponization'' means to incorporate into, or the 
        incorporation into, usable ordnance or other militarily 
        useful means of delivery.
    (g) Repeals.--
          (1) In general.--The following provisions of law are 
        repealed:
                  (A) Section 1097 of the National Defense 
                Authorization Act for Fiscal Years 1992 and 
                1993 (22 U.S.C. 2751 note).
                  (B) Section 308 of the Chemical and 
                Biological Weapons Control and Warfare 
                Elimination Act of 1991 (22 U.S.C. 5606).
                  (C) Section 1607(a) of the Iran-Iraq Arms 
                Non-Proliferation Act of 1992 (Public Law 102-
                484).
                  (D) Paragraph (d) of section 585 of the 
                Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 1997 (as 
                contained in section 101(c) of title I of 
                division A of Public Law 104-208; 110 Stat. 
                3009-171).
          (2) Conforming amendments.--Section 585 of the 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1997, is amended--* * *

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

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

   Subtitle B--Russian Federation Debt Reduction for Nonproliferation

SEC. 1311.\16\ SHORT TITLE.

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

SEC. 1312.\16\ FINDINGS AND PURPOSES.

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

SEC. 1313.\16\ DEFINITIONS.

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

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

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

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

    (a) In General.--
          (1) In general.--The President is authorized to enter 
        into an agreement with the Russian Federation under 
        which an amount equal to the value of the debt reduced 
        pursuant to section 1314 will be used to promote the 
        nonproliferation of weapons of mass destruction and the 
        means of delivering such weapons. An agreement entered 
        into under this section may be referred to as the 
        ``Russian Federation Nonproliferation Investment 
        Agreement''.
          (2) Congressional notification.--The President shall 
        notify the appropriate congressional committees at 
        least 15 days in advance of the United States entering 
        into a Russian Federation Nonproliferation Investment 
        Agreement.
    (b) Content of the Agreement.--The Russian Federation 
Nonproliferation Investment Agreement shall ensure that--
          (1) an amount equal to the value of the debt reduced 
        pursuant to this subtitle will be made available by the 
        Russian Federation for agreed nonproliferation programs 
        and projects;
          (2) each program or project funded pursuant to the 
        Agreement will be approved by the President;
          (3) the administration and oversight of 
        nonproliferation programs and projects will incorporate 
        best practices from established threat reduction and 
        nonproliferation assistance programs;
          (4) each program or project funded pursuant to the 
        Agreement will be subject to monitoring and audits 
        conducted by or for the United States Government to 
        confirm that agreed funds are expended on agreed 
        projects and meet agreed targets and benchmarks;
          (5) unobligated funds for investments pursuant to the 
        Agreement will not be diverted to other purposes;
          (6) funds allocated to programs and projects pursuant 
        to the Agreement will not be subject to any taxation by 
        the Russian Federation;
          (7) all matters relating to the intellectual property 
        rights and legal liabilities of United States firms in 
        any project will be agreed upon before the expenditure 
        of funds would be authorized for that project; and
          (8) not less than 75 percent of the funds made 
        available for each nonproliferation program or project 
        under the Agreement will be spent in the Russian 
        Federation.
    (c) Use of Existing Mechanisms.--It is the sense of 
Congress that, to the extent practicable, the boards and 
administrative mechanisms of existing threat reduction and 
nonproliferation programs should be used in the administration 
and oversight of programs and projects under the Agreement.
    (d) Joint Auditing.--It is the sense of Congress that the 
United States and the Russian Federation should consider 
commissioning the United States General Accounting Office \17\ 
and the Russian Chamber of Accounts to conduct joint audits to 
ensure that the funds saved by the Russian Federation as a 
result of any debt reduction are used exclusively, efficiently, 
and effectively to implement agreed programs or projects 
pursuant to the Agreement.
---------------------------------------------------------------------------
    \17\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
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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''.
---------------------------------------------------------------------------
    \18\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

SEC. 1332.\19\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \19\ 50 U.S.C. 2357.
---------------------------------------------------------------------------
          (1) United States nonproliferation efforts in the 
        independent states of the former Soviet Union have 
        achieved important results in ensuring that weapons of 
        mass destruction, weapons-usable material and 
        technology, and weapons-related knowledge remain beyond 
        the reach of terrorists and weapons-proliferating 
        states;
          (2) although these efforts are in the United States 
        national security interest, the effectiveness of these 
        efforts has suffered from a lack of coordination within 
        and among United States Government agencies;
          (3) increased spending and investment by the United 
        States private sector on nonproliferation efforts in 
        the independent states of the former Soviet Union, 
        specifically, spending and investment by the United 
        States private sector in job creation initiatives and 
        proposals for unemployed Russian Federation weapons 
        scientists and technicians, are making an important 
        contribution in ensuring that knowledge related to 
        weapons of mass destruction remains beyond the reach of 
        terrorists and weapons-proliferating states; and
          (4) increased spending and investment by the United 
        States private sector on nonproliferation efforts in 
        the independent states of the former Soviet Union make 
        advisable the establishment of a coordinating body to 
        ensure that United States public and private efforts 
        are not in conflict, and to ensure that public spending 
        on efforts by the independent states of the former 
        Soviet Union is maximized to ensure efficiency and 
        further United States national security interests.

SEC. 1333.\20\ DEFINITIONS.

    (a) Independent States of the Former Soviet Union.--In this 
subtitle, the term ``independent states of the former Soviet 
Union'' has the meaning given the term in section 3 of the 
FREEDOM Support Act (22 U.S.C. 5801).
---------------------------------------------------------------------------
    \20\ 50 U.S.C. 2357a.
---------------------------------------------------------------------------
    (b) Appropriate Committees of Congress.--In this subtitle, 
the term ``the appropriate committees of Congress'' means the 
Committees on Foreign Relations, Armed Services, and 
Appropriations of the Senate and the Committees on 
International Relations, Armed Services, and Appropriations of 
the House of Representatives.

SEC. 1334.\21\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION 
                    ASSISTANCE.

    (a) In General.--The President shall establish a mechanism 
to coordinate, with the maximum possible effectiveness and 
efficiency, the efforts of United States Government departments 
and agencies engaged in formulating policy and carrying out 
programs for achieving nonproliferation and threat reduction.
---------------------------------------------------------------------------
    \21\ 50 U.S.C. 2357b.
---------------------------------------------------------------------------
    (b) Membership.--The coordination mechanism established 
pursuant to subsection (a) shall include--
          (1) representatives designated by--
                  (A) the Secretary of State;
                  (B) the Secretary of Defense;
                  (C) the Secretary of Energy;
                  (D) the Secretary of Commerce;
                  (E) the Attorney General; and
                  (F) the Director of the Office of Homeland 
                Security, or the head of a successor department 
                or agency; and
          (2) such other executive branch officials as the 
        President may select.
    (c) Level of Representation.--To the maximum extent 
possible, each department or agency's representative designated 
pursuant to subsection (b)(1) shall be an official of that 
department or agency who has been appointed by the President 
with the advice and consent of the Senate.
    (d) Chair.--The President shall designate an official to 
direct the coordination mechanism established pursuant to 
subsection (a). The official so designated may invite the head 
of any other department or agency of the United States to 
designate a representative of that department or agency to 
participate from time to time in the activities of the 
Committee.

SEC. 1335.\22\ PURPOSES AND AUTHORITY.

    (a) Purposes.--
---------------------------------------------------------------------------
    \22\ 50 U.S.C. 2357c.
---------------------------------------------------------------------------
          (1) In general.--The primary purpose of the 
        coordination mechanism established pursuant to section 
        1334 of this Act should be--
                  (A) to exercise continuing responsibility for 
                coordinating worldwide United States 
                nonproliferation and threat reduction efforts 
                to ensure that they effectively implement 
                United States policy; and
                  (B) to enhance the ability of participating 
                departments and agencies to anticipate growing 
                nonproliferation areas of concern.
          (2) Program monitoring and coordination.--The 
        coordination mechanism established pursuant to section 
        1334 of this Act should have primary continuing 
        responsibility within the executive branch of the 
        Government for--
                  (A) United States nonproliferation and threat 
                reduction efforts, and particularly such 
                efforts in the independent states of the former 
                Soviet Union; and
                  (B) coordinating the implementation of United 
                States policy with respect to such efforts.
    (b) Authority.--In carrying out the responsibilities 
described in subsection (a), the coordination mechanism 
established pursuant to section 1334 of this Act should have, 
at a minimum, the authority to--
          (1) establish such subcommittees and working groups 
        as it deems necessary;
          (2) direct the preparation of analyses on issues and 
        problems relating to coordination within and among 
        United States departments and agencies on 
        nonproliferation and threat reduction efforts;
          (3) direct the preparation of analyses on issues and 
        problems relating to coordination between the United 
        States public and private sectors on nonproliferation 
        and threat reduction efforts, including coordination 
        between public and private spending on nonproliferation 
        and threat reduction programs and coordination between 
        public spending and private investment in defense 
        conversion activities of the independent states of the 
        former Soviet Union;
          (4) provide guidance on arrangements that will 
        coordinate, deconflict, and maximize the utility of 
        United States public spending on nonproliferation and 
        threat reduction programs, and particularly such 
        efforts in the independent states of the former Soviet 
        Union;
          (5) encourage companies and nongovernmental 
        organizations involved in nonproliferation efforts of 
        the independent states of the former Soviet Union or 
        other countries of concern to voluntarily report these 
        efforts to it;
          (6) direct the preparation of analyses on issues and 
        problems relating to the coordination between the 
        United States and other countries with respect to 
        nonproliferation efforts, and particularly such efforts 
        in the independent states of the former Soviet Union; 
        and
          (7) consider, and make recommendations to the 
        President with respect to, proposals for such new 
        legislation or regulations relating to United States 
        nonproliferation efforts as may be necessary.

SEC. 1336.\23\ ADMINISTRATIVE SUPPORT.

    All United States departments and agencies shall provide, 
to the extent permitted by law, such information and assistance 
as may be requested by the coordination mechanism established 
pursuant to section 1334 of this Act, in carrying out its 
functions and activities under this subtitle.
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    \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.
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SEC. 1338.\25\ STATUTORY CONSTRUCTION.

    Nothing in this subtitle--
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    \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.--
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    \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.
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          (1) providing the Department with full access to the 
        Automated Export System;
          (2) ensuring that the system is modified to meet the 
        needs of the Department, if such modifications are 
        consistent with the needs of other United States 
        Government agencies; and
          (3) providing operational support.
    (b) \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.
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          (1) elevate the stature given United States 
        diplomatic initiatives relating to nonproliferation and 
        political-military issues; and
          (2) develop a group of highly specialized, technical 
        experts with country expertise capable of administering 
        the nonproliferation and political-military affairs 
        functions of the Department.
    (b) Authority.--To carry out the purposes of subsection 
(a), the Secretary is authorized to establish the position of 
Counselor for Nonproliferation and Political Military Affairs 
in United States diplomatic missions overseas, to be filled by 
individuals who are career Civil Service officers or Foreign 
Service officers committed to follow-on assignments in the 
Nonproliferation Bureau or the Political Military Affairs 
Bureau of the Department.
    (c) Training.--After being selected to serve as Counselor, 
any person so selected shall spend not less than 10 months in 
language training courses at the Foreign Service Institute, or 
in technical courses administered by the Department of Defense, 
the Department of Energy, or other appropriate departments and 
agencies of the United States, except that such requirement for 
training may be waived by the Secretary.

SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.

    (a) Findings.--Congress makes the following findings:
          (1) On April 24, 1997, the Senate provided its advice 
        and consent to ratification of the Chemical Weapons 
        Convention subject to the condition, among others, that 
        the President certify that no sample collected in the 
        United States pursuant to the Convention will be 
        transferred for analysis to any laboratory outside the 
        territory of the United States.
          (2) Congress enacted the same condition into law as 
        section 304(f)(1) of the Chemical Weapons Convention 
        Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
          (3) Part II, paragraph 57, of the Verification Annex 
        of the Convention requires that all samples requiring 
        off-site analysis under the Convention shall be 
        analyzed by at least two laboratories that have been 
        designated as capable of conducting such testing by the 
        OPCW.
          (4) The only United States laboratory currently 
        designated by the OPCW is the United States Army 
        Edgewood Forensic Science Laboratory.
          (5) In order to comply with the Chemical Weapons 
        Convention, the certification submitted pursuant to 
        condition (18) of the resolution of ratification of the 
        Chemical Weapons Convention, and the requirements of 
        section 304(f)(1) of the Chemical Weapons Convention 
        Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the 
        United States must possess, at a minimum, a second 
        OPCW-designated laboratory.
          (6) The possession of a second OPCW-designated 
        laboratory is necessary in view of the potential for a 
        challenge inspection to be initiated against the United 
        States by a foreign nation.
          (7) The possession of a third OPCW-designated 
        laboratory would enable the OPCW to implement its 
        normal sample analysis procedures, which randomly 
        assign real and manufactured samples so that no 
        laboratory knows the origin of a given sample.
          (8) To qualify as a designated laboratory, a 
        laboratory must be certified under ISO Guide 25 or a 
        higher standard and complete three proficiency tests. 
        The laboratory must have the full capability to handle 
        substances listed on Schedule 1 of the Annex on 
        Schedules of Chemicals of the Chemical Weapons 
        Convention. In order to handle such substances in the 
        United States, a laboratory also must operate under a 
        bailment agreement with the United States Army.
          (9) Several existing United States commercial 
        laboratories have approved quality control systems, 
        already possess bailment agreements with the United 
        States Army, and have the capabilities necessary to 
        obtain OPCW designation.
          (10) In order to bolster the legitimacy of United 
        States analysis of samples taken on its national 
        territory, it is preferable that one designated 
        laboratory not be a United States Government facility.
    (b) Establishment of Non-Governmental Designated 
Laboratory.--
          (1) Report.--Not later than March 1, 2003, the United 
        States National Authority, as designated under section 
        101 of the Chemical Weapons Convention Implementation 
        Act of 1998 (22 U.S.C. 6711) (referred to in this 
        section as the ``National Authority''), shall submit to 
        the appropriate congressional committees a report 
        detailing a plan for securing OPCW designation of a 
        nongovernmental United States laboratory by December 1, 
        2004.
          (2) Directive.--Not later than June 1, 2003, the 
        National Authority shall select, through competitive 
        procedures, a nongovernmental laboratory within the 
        United States to pursue designation by the OPCW.
          (3) Delegation.--The National Authority may delegate 
        the authority and administrative responsibility for 
        carrying out paragraph (2) to one or more of the heads 
        of the agencies described in section 101(b)(2) of the 
        Chemical Weapons Convention Implementation Act of 1998 
        (22 U.S.C. 6711(b)(2)).
    (c) Definitions.--In this section:
          (1) Chemical weapons convention or convention.--The 
        term ``Chemical Weapons Convention'' or ``Convention'' 
        means the Convention on the Prohibition of Development, 
        Production, Stockpiling and Use of Chemical Weapons and 
        on Their Destruction, Opened for Signature and Signed 
        by the United States at Paris on January 13, 1993, 
        including the following protocols and memorandum of 
        understanding:
                  (A) The Annex on Chemicals.
                  (B) The Annex on Implementation and 
                Verification.
                  (C) The Annex on the Protection of 
                Confidential Information.
                  (D) The Resolution Establishing the 
                Preparatory Commission for the Organization for 
                the Prohibition of Chemical Weapons.
                  (E) The Text on the Establishment of a 
                Preparatory Commission.
          (2) OPCW.--The term ``OPCW'' means the Organization 
        for the Prohibition of Chemical Weapons established 
        under the Convention.

            TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS

SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
                    COUNTRIES.

    (a) Transfers by Grant.--The President is authorized to 
transfer vessels to foreign countries on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j) as follows:
          (1) Poland.--To the Government of Poland, the OLIVER 
        HAZARD PERRY class guided missile frigate WADSWORTH 
        (FFG 9).
          (2) Turkey.--To the Government of Turkey, the KNOX 
        class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 
        1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084), 
        REASONER (FF 1063), and BOWEN (FF 1079).
    (b) Transfers by Sale.--The President is authorized to 
transfer vessels to foreign governments and foreign 
governmental entities on a sale basis under section 21 of the 
Arms Export Control Act (22 U.S.C. 2761) as follows:
          (1) Mexico.--To the Government of Mexico, the NEWPORT 
        class tank landing ship FREDERICK (LST 1184).
          (2) Taiwan.--To the Taipei Economic and Cultural 
        Representative Office in the United States (which is 
        the Taiwan instrumentality designated pursuant to 
        section 10(a) of the Taiwan Relations Act), the KIDD 
        class guided missile destroyers KIDD (DDG 993), 
        CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 
        996).
          (3) Turkey.--To the Government of Turkey, the OLIVER 
        HAZARD PERRY class guided missile frigates ESTOCIN (FFG 
        15) and SAMUEL ELIOT MORISON (FFG 13).
    (c) Grants Not Counted in Annual Total of Transferred 
Excess Defense Articles.--The value of a vessel transferred to 
another country on a grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
authority provided by subsection (a) shall not be counted for 
the purposes of subsection (g) of that section in the aggregate 
value of excess defense articles transferred to countries under 
that section in any fiscal year.
    (d) Costs of Transfers on Grant Basis.--Any expense 
incurred by the United States in connection with a transfer 
authorized by this section shall be charged to the recipient 
(notwithstanding section 516(e)(1) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer 
authorized to be made on a grant basis under subsection (a).
    (e) Waiver Authority.--For a vessel transferred on a grant 
basis pursuant to authority provided by subsection (a)(2), the 
President may waive reimbursement of charges for the lease of 
that vessel under section 61(a) of the Arms Export Control Act 
(22 U.S.C. 2796(a)) for a period of one year before the date of 
the transfer of that vessel.
    (f) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall require, 
as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a 
shipyard located in the United States, including a United 
States Navy shipyard.
    (g) Expiration of Authority.--The authority to transfer a 
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
     (2) Gerald B. H. Solomon Freedom Consolidation Act of 2002 \1\

 Public Law 107-187 [H.R. 3167], 116 Stat. 590, approved June 10, 2002

    AN ACT To endorse the vision of further enlargement of the NATO 
Alliance articulated by President George W. Bush on June 15, 2001, and 
  by former President William J. Clinton on October 22, 1996, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gerald B. H. Solomon Freedom 
Consolidation Act of 2002''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

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

SEC. 3. DECLARATIONS OF POLICY.

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

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

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

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

    (a) Authorization of Foreign Military Financing.--Of the 
amounts made available for fiscal year 2002 under section 23 of 
the Arms Export Control Act (22 U.S.C. 2763)--
          (1) $6,500,000 is authorized to be available on a 
        grant basis for Estonia;
          (2) $7,000,000 is authorized to be available on a 
        grant basis for Latvia;
          (3) $7,500,000 is authorized to be available on a 
        grant basis for Lithuania;
          (4) $8,500,000 is authorized to be available on a 
        grant basis for Slovakia;
          (5) $4,500,000 is authorized to be available on a 
        grant basis for Slovenia;
          (6) $10,000,000 is authorized to be available on a 
        grant basis for Bulgaria; and
          (7) $11,500,000 is authorized to be available on a 
        grant basis for Romania.
    (b) \2\ Conforming Amendment.--Subsection (a) of section 
515 of the Security Assistance Act of 2000 (Public Law 106-280) 
is amended by striking paragraphs (1), (5), (6), (7), and (8) 
and redesignating paragraphs (2), (3), (4), and (9) as 
paragraphs (1) through (4), respectively.
---------------------------------------------------------------------------
    \2\ For amended text, see page 456.
                  (3) Security Assistance Act of 2000

Partial text of Public Law 106-280 [H.R. 4919], 114 Stat. 845, approved 
  October 6, 2000; amended by Public Law 107-187 [Gerald B.H. Solomon 
Freedom Consolidation Act of 2002; H.R. 3167], 116 Stat. 590, approved 
      June 10, 2002; and by Public Law 107-228 [Foreign Relations 
   Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, 
                      approved September 30, 2002

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

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

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

    (a) Short Title.--This Act may be cited as the ``Security 
Assistance Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note. See also Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1425), in Legislation on 
Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                    Page

Sec. 1. Short title; table of contents............................   446
Sec. 2. Definition................................................   447

                TITLE I--MILITARY AND RELATED ASSISTANCE

      Subtitle A--Foreign Military Sales and Financing Authorities

Sec. 101. Authorization of appropriations.........................   447
Sec. 102. Requirements relating to country exemptions for 
    licensing of defense items for export to foreign countries....   448

    Subtitle B--Stockpiling of Defense Articles for Foreign Countries

Sec. 111. Additions to United States war reserve stockpiles for 
    allies........................................................   448
Sec. 112. Transfer of certain obsolete or surplus defense articles 
    in the war reserve stockpiles for allies to Israel............   448

                      Subtitle C--Other Assistance

Sec. 121. Defense drawdown special authorities....................   449
Sec. 122. Increased authority for the transport of excess defense 
    articles......................................................   449

         TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 201. Authorization of appropriations.........................   449
Sec. 202. Additional requirements.................................   449

        TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Sec. 301. Nonproliferation and export control assistance..........   450
Sec. 302. Nonproliferation and export control training in the 
    United States.................................................   450
Sec. 303. Science and technology centers..........................   450
Sec. 304. Trial transit program...................................   450
Sec. 305. Exception to authority to conduct inspections under the 
    Chemical Weapons Convention Implementation Act of 1998........   451

                   TITLE IV--ANTITERRORISM ASSISTANCE

Sec. 401. Authorization of appropriations.........................   451

            TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING

  Subtitle A--Establishment of a National Security Assistance Strategy

Sec. 501. National Security Assistance Strategy...................   451

              Subtitle B--Allocations for Certain Countries

Sec. 511. Security assistance for new NATO members................   452
Sec. 512. Increased training assistance for Greece and Turkey.....   452
Sec. 513. Assistance for Israel...................................   452
Sec. 514. Assistance for Egypt....................................   454
Sec. 515. Security assistance for certain countries...............   456
Sec. 516. Border security and territorial independence............   456

                  TITLE VI--TRANSFERS OF NAVAL VESSELS

Sec. 601. Authority to transfer naval vessels to certain foreign 
    countries.....................................................   457
Sec. 602. Inapplicability of aggregate annual limitation on value 
    of transferred excess defense articles........................   457
Sec. 603. Costs of transfers......................................   457
Sec. 604. Conditions relating to combined lease-sale transfers....   457
Sec. 605. Funding of certain costs of transfers...................   458
Sec. 606. Repair and refurbishment in United States shipyards.....   458
Sec. 607. Sense of the Congress regarding transfer of naval 
    vessels on a grant basis......................................   458
Sec. 608. Expiration of authority.................................   458

                   TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Utilization of defense articles and defense services....   459
Sec. 702. Annual military assistance report.......................   459
Sec. 703. Report on government-to-government arms sales end-use 
    monitoring program............................................   459
Sec. 704. MTCR report transmittals................................   459
Sec. 705. Stinger missiles in the Persian Gulf region.............   459
Sec. 706. Sense of the Congress regarding excess defense articles.   459
Sec. 707. Excess defense articles for Mongolia....................   460
Sec. 708. Space cooperation with Russian persons..................   460
Sec. 709. Sense of the Congress relating to military equipment for 
    the Philippines...............................................   461
Sec. 710. Waiver of certain costs.................................   462

SEC. 2.\2\ DEFINITION.

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

                TITLE I--MILITARY AND RELATED ASSISTANCE

      Subtitle A--Foreign Military Sales and Financing Authorities

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

    (a) Requirements of Exemption.--Section 38 of the Arms 
Export Control Act (22 U.S.C. 2778) is amended by adding at the 
end the following: * * * \3\
---------------------------------------------------------------------------
    \3\ For text of the Arms Export Control Act, as amended, see 
Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
    (b) Notification of Exemption.--Section 38(f) of the Arms 
Export Control Act (22 U.S.C. 2778(f)) is amended--* * *
    (c) Exports of Commercial Communications Satellites.--
          (1) Amendment of the Arms Export Control Act.--
        Section 36(c)(2) of the Arms Export Control Act (22 
        U.S.C. 2776(c)(2)) is amended--* * *
          (2) Sense of the Congress.--It is the sense of the 
        Congress that the appropriate committees of Congress 
        and the appropriate agencies of the United States 
        Government should review the commodity jurisdiction of 
        United States commercial communications satellites.
    (d) Sense of the Congress on Submission to the Senate of 
Certain Agreements as Treaties.--It is the sense of the 
Congress that, prior to amending the International Traffic in 
Arms Regulations, the Secretary of State should consult with 
the appropriate committees of Congress for the purpose of 
determining whether certain agreements regarding defense trade 
with the United Kingdom and Australia should be submitted to 
the Senate as treaties.

   Subtitle B--Stockpiling of Defense Articles for Foreign Countries

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

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

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

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

                      Subtitle C--Other Assistance

SEC. 121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.

    (a) Emergency Drawdown.--Section 506(a)(2)(B) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) is 
amended by striking ``$150,000,000'' and inserting 
``$200,000,000''.
    (b) Additional Drawdown.--Section 506(a)(2)(A)(i) of such 
Act (22 U.S.C. 2318(a)(2)(A)(i)) is amended--* * * \4\
---------------------------------------------------------------------------
    \4\ For text of the Foreign Assistance Act of 1961, as amended, see 
Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

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

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

        TITLE II--INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. ADDITIONAL REQUIREMENTS.

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

       TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

SEC. 301. NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE.

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

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

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

SEC. 303. SCIENCE AND TECHNOLOGY CENTERS.

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

SEC. 304. TRIAL TRANSIT PROGRAM.

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

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

    Section 303 of the Chemical Weapons Convention 
Implementation Act of 1998 (22 U.S.C. 6723) is amended by 
adding at the end the following new subsection: * * * \7\
---------------------------------------------------------------------------
    \7\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. II.
---------------------------------------------------------------------------

                   TITLE IV--ANTITERRORISM ASSISTANCE

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

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

            TITLE V--INTEGRATED SECURITY ASSISTANCE PLANNING

  Subtitle A--Establishment of a National Security Assistance Strategy

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

    (a) Multiyear Plan.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter at the 
time of submission of the congressional presentation materials 
of the foreign operations appropriations budget request, the 
Secretary of State should submit to the appropriate committees 
of Congress a plan setting forth a National Security Assistance 
Strategy for the United States.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2305. See also title XV of Public Law 107-228 (116 
Stat. 1458), particularly secs. 1501 and 1502, beginning at page 436.
---------------------------------------------------------------------------
    (b) Elements of the Strategy.--The National Security 
Assistance Strategy should--
          (1) set forth a multi-year plan for security 
        assistance programs;
          (2) be consistent with the National Security Strategy 
        of the United States;
          (3) be coordinated with the Secretary of Defense and 
        the Chairman of the Joint Chiefs of Staff;
          (4) be prepared, in consultation with other agencies, 
        as appropriate;
          (5) identify overarching security assistance 
        objectives, including identification of the role that 
        specific security assistance programs will play in 
        achieving such objectives;
          (6) identify a primary security assistance objective, 
        as well as specific secondary objectives, for 
        individual countries;
          (7) identify, on a country-by-country basis, how 
        specific resources will be allocated to accomplish both 
        primary and secondary objectives;
          (8) discuss how specific types of assistance, such as 
        foreign military financing and international military 
        education and training, will be combined at the country 
        level to achieve United States objectives; and
          (9) detail, with respect to each of the paragraphs 
        (1) through (8), how specific types of assistance 
        provided pursuant to the Arms Export Control Act and 
        the Foreign Assistance Act of 1961 are coordinated with 
        United States assistance programs managed by the 
        Department of Defense and other agencies.
    (c) Covered Assistance.--The National Security Assistance 
Strategy should cover assistance provided under--
          (1) section 23 of the Arms Export Control Act (22 
        U.S.C. 2763);
          (2) chapter 5 of part II of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2347 et seq.); and
          (3) section 516 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2321i).

             Subtitle B--Allocations for Certain Countries

SEC. 511.\9\ SECURITY ASSISTANCE FOR NEW NATO MEMBERS.

    (a) * * * [Repealed--2002]
    (b) * * * [Repealed--2002]
    (c) Select Priorities.--In providing assistance under this 
section, the President shall give priority to supporting 
activities that are consistent with the objectives set forth in 
the following conditions of the Senate resolution of 
ratification for the Protocols to the North Atlantic Treaty of 
1949 on the Accession of Poland, Hungary, and the Czech 
Republic:
---------------------------------------------------------------------------
    \9\ Sec. 1223(c) of the Security Assistance Act of 2002 (division B 
of Public Law 107-228; 116 Stat. 1432) repealed sec. 511(a) and (b), 
and sec. 515. Subsecs. (a) and (b) had provided as follows:
    ``(a) Foreign Military Financing.--Of the amounts made available 
for the fiscal years 2001 and 2002 under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763), $30,300,000 for fiscal year 2001 and 
$35,000,000 for fiscal year 2002 are authorized to be available on a 
grant basis for all of the following countries: the Czech Republic, 
Hungary, and Poland.
    ``(b) Military Education and Training.--Of the amounts made 
available for the fiscal years 2001 and 2002 to carry out chapter 5 of 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.), 
$5,100,000 for fiscal year 2001 and $7,000,000 for fiscal year 2002 are 
authorized to be available for all of the following countries: the 
Czech Republic, Hungary, and Poland.''.
    See also sec. 1223 of that Act, page 413.
---------------------------------------------------------------------------
          (1) Condition (1)(A)(v), (vi), and (vii), relating to 
        common threats, the core mission of NATO, and the 
        capacity to respond to common threats.
          (2) Condition (1)(B), relating to the fundamental 
        importance of collective defense.
          (3) Condition (1)(C), relating to defense planning, 
        command structures, and force goals.
          (4) Conditions (4)(B)(i) and (4)(B)(ii), relating to 
        intelligence matters.

SEC. 512.\10\ * * * [REPEALED--2002]

SEC. 513. ASSISTANCE FOR ISRAEL.

    (a) Definitions.--In this section:
---------------------------------------------------------------------------
    \10\ Sec. 1222(d) of the Security Assistance Act of 2002 (division 
B of Public Law 107-228; 116 Stat. 1431) repealed sec. 512, which had 
provided as follows:
---------------------------------------------------------------------------

``sec. 512. increased training assistance for greece and turkey.
---------------------------------------------------------------------------

    ``(a) In General.--Of the amounts made available for the fiscal 
years 2001 and 2002 to carry out chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
---------------------------------------------------------------------------

  ``(1) $1,000,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002 
are authorized to be available for Greece; and

  ``(2) $2,500,000 for fiscal year 2001 and $2,500,000 for fiscal year 2002 
are authorized to be available for Turkey.
---------------------------------------------------------------------------

    ``(b) Use for Professional Military Education.--Of the amounts 
available under paragraphs (1) and (2) of subsection (a) for fiscal 
year 2002, $500,000 of each such amount should be available for 
purposes of professional military education.
    ``(c) Use for Joint Training.--It is the sense of the Congress 
that, to the maximum extent practicable, amounts available under 
subsection (a) that are used in accordance with subsection (b) should 
be used for joint training of Greek and Turkish officers.''.
    See also sec. 1222(a), (b), and (c) of that Act, page 412.
---------------------------------------------------------------------------
          (1) ESF assistance.--The term ``ESF assistance'' 
        means assistance under chapter 4 of part II of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
        seq.), relating to the economic support fund.
          (2) Foreign military financing program.--The term 
        ``Foreign Military Financing Program'' means the 
        program authorized by section 23 of the Arms Export 
        Control Act (22 U.S.C. 2763).
    (b) ESF Assistance.--
          (1) In general.--Of the amounts made available for 
        each of the fiscal years 2002 and 2003 \11\ for ESF 
        assistance, the amount specified in paragraph (2) for 
        each such fiscal year is authorized to be made 
        available for Israel. Such funds are authorized to be 
        made available on a grant basis as a cash transfer.\12\
---------------------------------------------------------------------------
    \11\ Sec. 1221(a)(1)(A)(i) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001 
and 2002'' and inserted in lieu thereof ``2002 and 2003''.
    \12\ Sec. 1221(a)(1)(A)(ii) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) inserted ``Such 
funds are authorized to be made available on a grant basis as a cash 
transfer.''.
---------------------------------------------------------------------------
          (2) Computation of amount.--Subject to subsection 
        (d), the amount referred to in paragraph (1) is equal 
        to--
                  (A) the amount made available for ESF 
                assistance for Israel for the preceding fiscal 
                year, minus
                  (B) $120,000,000.
          (3) \13\ Additional esf assistance for fiscal year 
        2003.--Only for fiscal year 2003, in addition to the 
        amount computed under paragraph (2) for that fiscal 
        year, an additional amount of $200,000,000 is 
        authorized to be made available for ESF assistance for 
        Israel, notwithstanding section 531(e) or 660(a) of the 
        Foreign Assistance Act of 1961, for defensive, 
        nonlethal, antiterrorism assistance, which amount shall 
        be considered, for purposes of subsection (d), as an 
        amount appropriated by an Act making supplemental 
        appropriations.
---------------------------------------------------------------------------
    \13\ Sec. 1221(a)(1)(B) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) added para. (3).
---------------------------------------------------------------------------
    (c) FMF Program.--
          (1) In general.--Of the amount made available for 
        each of the fiscal years 2002 and 2003 \14\ for 
        assistance under the Foreign Military Financing 
        Program, the amount specified in paragraph (2) for each 
        such fiscal year is authorized to be made available on 
        a grant basis for Israel.
---------------------------------------------------------------------------
    \14\ Sec. 1221(a)(2) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001 
and 2002'' and inserted in lieu thereof ``2002 and 2003''.
---------------------------------------------------------------------------
          (2) Computation of amount.--Subject to subsection 
        (d), the amount referred to in paragraph (1) is equal 
        to--
                  (A) the amount made available for assistance 
                under the Foreign Military Financing Program 
                for Israel for the preceding fiscal year, plus
                  (B) $60,000,000.
          (3) \15\ Disbursement of funds.--Funds authorized to 
        be available for Israel under subsection (b)(1) and 
        paragraph (1) of this subsection for fiscal years 2002 
        and 2003 shall be disbursed not later than 30 days 
        after the date of enactment of an Act making 
        appropriations for foreign operations, export 
        financing, and related programs for fiscal year 2002, 
        and not later than 30 days after the date of enactment 
        of an Act making appropriations for foreign operations, 
        export financing, and related programs for fiscal year 
        2003, or October 31 of the respective fiscal year, 
        whichever is later.
---------------------------------------------------------------------------
    \15\ Sec. 1221(a)(3) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) amended and restated 
para. (3). It previously read as follows:
    ``(3) Disbursement of funds.--Funds authorized to be available for 
Israel under subsection (b)(1) and paragraph (1) of this subsection for 
fiscal year 2001 shall be disbursed not later than 30 days after the 
date of the enactment of an Act making appropriations for foreign 
operations, export financing, and related programs for fiscal year 
2001, or October 31, 2000, whichever date is later.''.
---------------------------------------------------------------------------
          (4) Availability of funds for advanced weapons 
        systems.--To the extent the Government of Israel 
        requests that funds be used for such purposes, grants 
        made available for Israel out of funds authorized to be 
        available under paragraph (1) for Israel for fiscal 
        years 2002 and 2003 \16\ shall, as agreed by Israel and 
        the United States, be available for advanced weapons 
        systems, of which not less than $535,000,000 for fiscal 
        year 2002 and not less than $550,000,000 for fiscal 
        year 2003 \17\ shall be available for the procurement 
        in Israel of defense articles and defense services, 
        including research and development.
---------------------------------------------------------------------------
    \16\ Sec. 1221(a)(4)(A) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) struck out ``fiscal 
year 2001'' and inserted in lieu thereof ``fiscal years 2002 and 
2003''.
    \17\ Sec. 1221(a)(4)(B) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) struck out 
``$520,000,000'' and inserted in lieu thereof ``$535,000,000 for fiscal 
year 2002 and not less than $550,000,000 for fiscal year 2003''.
---------------------------------------------------------------------------
    (d) Exclusion of Rescissions and Supplemental 
Appropriations.--For purposes of this section, the computation 
of amounts made available for a fiscal year shall not take into 
account any amount rescinded by an Act or any amount 
appropriated by an Act making supplemental appropriations for a 
fiscal year.

SEC. 514. ASSISTANCE FOR EGYPT.

    (a) Definitions.--In this section:
          (1) ESF assistance.--The term ``ESF assistance'' 
        means assistance under chapter 4 of part II of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
        seq.), relating to the economic support fund.
          (2) Foreign military financing program.--The term 
        ``Foreign Military Financing Program'' means the 
        program authorized by section 23 of the Arms Export 
        Control Act (22 U.S.C. 2763).
    (b) ESF Assistance.--
          (1) In general.--Of the amounts made available for 
        each of the fiscal years 2002 and 2003 \18\ for ESF 
        assistance, the amount specified in paragraph (2) for 
        each such fiscal year is authorized to be made 
        available for Egypt.
---------------------------------------------------------------------------
    \18\ Sec. 1221(b)(1) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) struck out ``2001 
and 2002'' each place it appeared in sec. 514 and inserted in lieu 
thereof ``2002 and 2003''.
---------------------------------------------------------------------------
          (2) Computation of amount.--Subject to subsection 
        (d), the amount referred to in paragraph (1) is equal 
        to--
                  (A) the amount made available for ESF 
                assistance for Egypt during the preceding 
                fiscal year, minus
                  (B) $40,000,000.
    (c) FMF Program.--Of the amount made available for each of 
the fiscal years 2002 and 2003 \18\ for assistance under the 
Foreign Military Financing Program, $1,300,000,000 is 
authorized to be made available on a grant basis for Egypt.
    (d) Exclusion of Rescissions and Supplemental 
Appropriations.--For purposes of this section, the computation 
of amounts made available for a fiscal year shall not take into 
account any amount rescinded by an Act or any amount 
appropriated by an Act making supplemental appropriations for a 
fiscal year.
    (e) \19\ Disbursement of Funds.--Funds estimated to be 
outlayed for Egypt under subsection (c) during fiscal years 
2002 and 2003 shall be disbursed to an interest-bearing account 
for Egypt in the Federal Reserve Bank of New York not later 
than 30 days after the date of enactment of an Act making 
appropriations for foreign operations, export financing, and 
related programs for fiscal year 2002, and not later than 30 
days after the date of enactment of an Act making 
appropriations for foreign operations, export financing, and 
related programs for fiscal year 2003, or by October 31 of the 
respective fiscal year, whichever is later, provided that--
---------------------------------------------------------------------------
    \19\ Sec. 1221(b)(2) of the Security Assistance Act of 2002 
(division B of Public Law 107-228; 116 Stat. 1430) amended and restated 
subsec. (e) through para. (2). It previously read as follows:
    ``(e) Disbursement of Funds.--Funds estimated to be outlayed for 
Egypt under subsection (c) during fiscal year 2001 shall be disbursed 
to an interest-bearing account for Egypt in the Federal Reserve Bank of 
New York within 30 days of the date of the enactment of this Act, or by 
October 31, 2000, whichever is later, provided that--
---------------------------------------------------------------------------

  ``(1) withdrawal of funds from such account shall be made only on 
authenticated instructions from the Defense Finance and Accounting Service 
of the Department of Defense;

  ``(2) in the event such account is closed, the balance of the account 
shall be transferred promptly to the appropriations account for the Foreign 
Military Financing Program; and''.

          (1) withdrawal of funds from such account shall be 
        made only on authenticated instructions from the 
        Defense Finance and Accounting Service of the 
        Department of Defense;
          (2) in the event such account is closed, the balance 
        of the account shall be transferred promptly to the 
        appropriations account for the Foreign Military 
        Financing Program.
          (3) none of the interest accrued by such account 
        should be obligated unless the Committee on 
        Appropriations and the Committee on Foreign Relations 
        of the Senate and the Committee on Appropriations and 
        the Committee on International Relations of the House 
        of Representatives are notified.
---------------------------------------------------------------------------
    \20\ Sec. 1223(c) of the Security Assistance Act of 2002 (division 
B of Public Law 107-228; 116 Stat. 1432) repealed sec. 511(a) and (b) 
and sec. 515. Previously, sec. 5(b) of Public Law 107-187 (116 Stat. 
593) struck out paras. (1), (5), (6), (7), and (8) of sec. 515. Sec. 
515, prior to amendment and repeal, had read as following:
---------------------------------------------------------------------------

``sec. 515. security assistance for certain countries.
---------------------------------------------------------------------------

    ``(a) Foreign Military Financing.--Of the amounts made available 
for the fiscal years 2001 and 2002 under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763)--
---------------------------------------------------------------------------

  ``(1) $18,200,000 for fiscal year 2001 and $20,500,000 for fiscal year 
2002 are authorized to be available on a grant basis for all of the 
following countries: Estonia, Latvia, and Lithuania;

  ``(2) $2,000,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002 
are authorized to be available on a grant basis for the Philippines;

  ``(3) $4,500,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002 
are authorized to be available on a grant basis for Georgia;

  ``(4) $3,000,000 for fiscal year 2001 and $3,500,000 for fiscal year 2002 
are authorized to be available on a grant basis for Malta;

  ``(5) $3,500,000 for fiscal year 2001 and $4,000,000 for fiscal year 2002 
are authorized to be available on a grant basis for Slovenia;

  ``(6) $8,400,000 for fiscal year 2001 and $8,500,000 for fiscal year 2002 
are authorized to be available on a grant basis for Slovakia;

  ``(7) $11,000,000 for fiscal year 2001 and $11,100,000 for fiscal year 
2002 are authorized to be available on a grant basis for Romania;

  ``(8) $8,500,000 for fiscal year 2001 and $8,600,000 for fiscal year 2002 
are authorized to be available on a grant basis for Bulgaria; and

  ``(9) $100,000,000 for fiscal year 2001 and $105,000,000 for fiscal year 
2002 are authorized to be available on a grant basis for Jordan.
---------------------------------------------------------------------------

    ``(b) IMET.--Of the amounts made available for the fiscal years 
2001 and 2002 to carry out chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
---------------------------------------------------------------------------

  ``(1) $2,300,000 for fiscal year 2001 and $4,000,000 for fiscal year 2002 
are authorized to be available for all of the following countries: Estonia, 
Latvia, and Lithuania;

  ``(2) $1,400,000 for fiscal year 2001 and $1,500,000 for fiscal year 2002 
are authorized to be available for the Philippines;

  ``(3) $475,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002 
are authorized to be available for Georgia;

  ``(4) $200,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002 
are authorized to be available for Malta;

  ``(5) $700,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002 
are authorized to be available for Slovenia;

  ``(6) $700,000 for fiscal year 2001 and $1,000,000 for fiscal year 2002 
are authorized to be available for Slovakia;

  ``(7) $1,300,000 for fiscal year 2001 and $1,500,000 for fiscal year 2002 
are authorized to be available for Romania; and

  ``(8) $1,100,000 for fiscal year 2001 and $1,200,000 for fiscal year 2002 
are authorized to be available for Bulgaria.''.

SEC. 515.\20\ SECURITY ASSISTANCE FOR CERTAIN COUNTRIES. * * * 
                    [REPEALED--2002]

SEC. 516. BORDER SECURITY AND TERRITORIAL INDEPENDENCE.

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

                  TITLE VI--TRANSFERS OF NAVAL VESSELS

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

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

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

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

SEC. 603. COSTS OF TRANSFERS.

    Any expense of the United States in connection with a 
transfer authorized by this title shall be charged to the 
recipient.

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

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

SEC. 605. FUNDING OF CERTAIN COSTS OF TRANSFERS.

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

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

    To the maximum extent practicable, the President shall 
require, as a condition of the transfer of a vessel under 
section 601, that the country to which the vessel is 
transferred will have such repair or refurbishment of the 
vessel as is needed, before the vessel joins the naval forces 
of that country, performed at a shipyard located in the United 
States, including a United States Navy shipyard.

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

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

SEC. 608. EXPIRATION OF AUTHORITY.

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

                  TITLE VII--MISCELLANEOUS PROVISIONS

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

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

SEC. 702. ANNUAL MILITARY ASSISTANCE REPORT.

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

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

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

SEC. 704.\21\ MTCR REPORT TRANSMITTALS.

    For purposes of section 71(d) of the Arms Export Control 
Act (22 U.S.C. 2797(d)), the requirement that reports under 
that section shall be transmitted to the Congress shall be 
considered to be a requirement that such reports shall be 
transmitted to the Committee on International Relations of the 
House of Representatives and the Committee on Foreign Relations 
and the Committee on Banking, Housing and Urban Affairs of the 
Senate.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2797 note.
---------------------------------------------------------------------------

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

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

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

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

SEC. 707. EXCESS DEFENSE ARTICLES FOR MONGOLIA.

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

SEC. 708.\22\ SPACE COOPERATION WITH RUSSIAN PERSONS.

    (a) Annual Certification.--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 2797b note.
---------------------------------------------------------------------------
          (1) Requirement.--The President shall submit each 
        year to the appropriate committees of Congress, with 
        respect to each Russian person described in paragraph 
        (2), a certification that the reports required to be 
        submitted to Congress during the preceding calendar 
        year under section 2 of the Iran Nonproliferation Act 
        of 2000 (Public Law 106-178) \23\ do not identify that 
        person on account of a transfer to Iran of goods, 
        services, or technology described in section 2(a)(1)(B) 
        of such Act.
---------------------------------------------------------------------------
    \23\ For text of the Iran Nonproliferation Act, see Legislation on 
Foreign Relations Through 2005, vol. II.
---------------------------------------------------------------------------
          (2) Applicability.--The certification requirement 
        under paragraph (1) applies with respect to each 
        Russian person that, as of the date of the 
        certification, is a party to an agreement relating to 
        commercial cooperation on MTCR equipment or technology 
        with a United States person pursuant to an arms export 
        license that was issued at any time since January 1, 
        2000.
          (3) Exemption.--No activity or transfer which 
        specifically has been the subject of a Presidential 
        determination pursuant to section 5(a)(1), (2), or (3) 
        of the Iran Nonproliferation Act of 2000 (Public Law 
        106-178) shall cause a Russian person to be considered 
        as having been identified in the reports submitted 
        during the preceding calendar year under section 2 of 
        that Act for the purposes of the certification required 
        under paragraph (1).
          (4) Commencement and termination of requirement.--
                  (A) Times for submission.--The President 
                shall submit--
                          (i) the first certification under 
                        paragraph (1) not later than 60 days 
                        after the date of the enactment of this 
                        Act; and
                          (ii) each annual certification 
                        thereafter on the anniversary of the 
                        first submission.
                  (B) Termination of requirement.--No 
                certification is required under paragraph (1) 
                after termination of cooperation under the 
                specific license, or 5 years after the date on 
                which the first certification is submitted, 
                whichever is the earlier date.
    (b) Termination of Existing Licenses.--If, at any time 
after the issuance of a license under section 36(c) of the Arms 
Export Control Act relating to the use, development, or co-
production of commercial rocket engine technology with a 
foreign person, the President determines that the foreign 
person has engaged in any action described in section 73(a)(1) 
of the Arms Export Control Act (22 U.S.C. 2797b(a)(1)) since 
the date the license was issued, the President may terminate 
the license.
    (c) Report on Export Licensing of MTCR Items Under 
$50,000,000.--Section 71(d) of the Arms Export Control Act (22 
U.S.C. 2797(d)) is amended by striking ``Within 15 days'' and 
all that follows through ``MTCR Annex,'' and inserting ``Within 
15 days after the issuance of a license (including any 
brokering license) for the export of items valued at less than 
$50,000,000 that are controlled under this Act pursuant to 
United States obligations under the Missile Technology Control 
Regime and are goods or services that are intended to support 
the design, utilization, development, or production of a space 
launch vehicle system listed in Category I of the MTCR 
Annex,''.
    (d) Definitions.--In this section:
          (1) Foreign person.--The term ``foreign person'' has 
        the meaning given the term in section 74(7) of the Arms 
        Export Control Act (22 U.S.C. 2797c(7)).
          (2) MTCR equipment or technology.--The term ``MTCR 
        equipment or technology'' has the meaning given the 
        term in section 74(5) of the Arms Export Control Act 
        (22 U.S.C. 2797c(5)).
          (3) Person.--The term ``person'' has the meaning 
        given the term in section 74(8) of the Arms Export 
        Control Act (22 U.S.C. 2797c(8)).
          (4) United states person.--The term ``United States 
        person'' has the meaning given the term in section 
        74(6) of the Arms Export Control Act (22 U.S.C. 
        2797c(6)).

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

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

SEC. 710. WAIVER OF CERTAIN COSTS.

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

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

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

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

                     TITLE XII--SECURITY ASSISTANCE

SEC. 1201.\1\ SHORT TITLE.

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

            Subtitle A--Transfers of Excess Defense Articles

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

    (a) Transportation and Related Costs. * * * \2\
---------------------------------------------------------------------------
    \2\ Sec. 1211(a) amended sec. 105 of Public Law 104-164; see page 
154.
---------------------------------------------------------------------------
    (b) Excess Defense Articles for Greece and Turkey. * * * 
\3\
---------------------------------------------------------------------------
    \3\ Sec. 1211(b) amended sec. 516(b)(2) of the Foreign Assistance 
Act of 1961; see Legislation on Foreign Relations Through 2005, vol. I-
A.
---------------------------------------------------------------------------

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

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

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

             Subtitle B--Foreign Military Sales Authorities

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

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

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

    \6\ Sec. 1222 amended sec. 21(a)(1) of the Arms Export Control Act; 
see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

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

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

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

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

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

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

   Subtitle C--Stockpiling of Defense Articles for Foreign Countries

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

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

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

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

              Subtitle D--Defense Offsets Disclosure \11\

          * * * * * * *
---------------------------------------------------------------------------
    \11\ Subtitle D, the Defense Offsets Disclosure Act of 1999, may be 
found beginning at page 467.
---------------------------------------------------------------------------

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

          * * * * * * *
---------------------------------------------------------------------------
    \12\ Subtitle E, the Proliferation Prevention Enhancement Act of 
1999, may be found in Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------

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

          * * * * * * *
---------------------------------------------------------------------------
    \13\ Subtitle F, the International Arms Sales Code of Conduct Act 
of 1999, may be found beginning at page 473.
---------------------------------------------------------------------------

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

SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

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

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

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

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

                 Subtitle D--Defense Offsets Disclosure

SEC. 1241. SHORT TITLE.

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

SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

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

SEC. 1243. DEFINITIONS.

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

SEC. 1244. SENSE OF CONGRESS.

    It is the sense of Congress that--
          (1) the executive branch should pursue efforts to 
        address trade fairness by establishing reasonable, 
        business-friendly standards for the use of offsets in 
        international business transactions between the United 
        States and its trading partners and competitors;
          (2) the Secretary of Defense, the Secretary of State, 
        the Secretary of Commerce, and the United States Trade 
        Representative, or their designees, should raise with 
        other industrialized nations at every suitable venue 
        the need for transparency and reasonable standards to 
        govern the role of offsets in international defense 
        trade;
          (3) the United States Government should enter into 
        discussions regarding the establishment of multilateral 
        standards for the use of offsets in international 
        defense trade through the appropriate multilateral 
        fora, including such organizations as the Transatlantic 
        Economic Partnership, the Wassenaar Arrangement, the G-
        8, and the World Trade Organization; and
          (4) the United States Government, in entering into 
        the discussions described in paragraph (3), should take 
        into account the distortions produced by the provision 
        of other benefits and subsidies, such as export 
        financing, by various countries to support defense 
        trade.
---------------------------------------------------------------------------
    \1\ Sec. 1245 amended sec. 36 of the Arms Export Control Act; see 
Legislation on Foreign Relations Through 2005, vol. I-A.
    \2\ Sec. 1246 amended sec. 39A of the Arms Export Control Act.
---------------------------------------------------------------------------

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

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

SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

    (a) In General.--There is established a National Commission 
on the Use of Offsets in Defense Trade (in this section 
referred to as the ``Commission'') to address all aspects of 
the use of offsets in international defense trade.
    (b) Commission Membership.--Not later than 120 days after 
the date of enactment of this Act, the President, with the 
concurrence of the Majority and Minority Leaders of the Senate 
and the Speaker and Minority Leader of the House of 
Representatives, shall appoint 11 individuals to serve as 
members of the Commission. Commission membership shall 
include--
          (1) representatives from the private sector, 
        including--
                  (A) one each from--
                          (i) a labor organization,
                          (ii) a United States defense 
                        manufacturing company dependent on 
                        foreign sales,
                          (iii) a United States company 
                        dependent on foreign sales that is not 
                        a defense manufacturer, and
                          (iv) a United States company that 
                        specializes in international 
                        investment, and
                  (B) two members from academia with widely 
                recognized expertise in international 
                economics; and
          (2) five members from the executive branch, including 
        a member from--
                  (A) the Office of Management and Budget,
                  (B) the Department of Commerce,
                  (C) the Department of Defense,
                  (D) the Department of State, and
                  (E) the Department of Labor.
The member designated from the Office of Management and Budget 
shall serve as Chairperson of the Commission. The President 
shall ensure that the Commission is nonpartisan and that the 
full range of perspectives on the subject of offsets in the 
defense industry is adequately represented.
    (c) Dutied.--The Commission shall be responsible for 
reviewing and reporting on--
          (1) the full range of current practices by foreign 
        governments in requiring offsets in purchasing 
        agreements and the extent and nature of offsets offered 
        by United States and foreign defense industry 
        contractors;
          (2) the impact of the use of offsets on defense 
        subcontractors and nondefense industrial sectors 
        affected by indirect offsets; and
          (3) the role of offsets, both direct and indirect, on 
        domestic industry stability, United States trade 
        competitiveness and national security.
    (d) Commission Report.--Not later than 12 months after the 
Commission is established, the Commission shall submit a report 
to the appropriate congressional committees. In addition to the 
items described under subsection (c), the report shall 
include--
          (1) an analysis of--
                  (A) the collateral impact of offsets on 
                industry sectors that may be different than 
                those of the contractor providing the offsets, 
                including estimates of contracts and jobs lost 
                as well as an assessment of damage to 
                industrial sectors;
                  (B) the role of offsets with respect to 
                competitiveness of the United States defense 
                industry in international trade and the 
                potential damage to the ability of United 
                States contractors to compete if offsets were 
                prohibited or limited; and
                  (C) the impact on United States national 
                security, and upon United States 
                nonproliferation objectives, of the use of 
                coproduction, subcontracting, and technology 
                transfer with foreign governments or companies 
                that results from fulfilling offset 
                requirements, with particular emphasis on the 
                question of dependency upon foreign nations for 
                the supply of critical components or 
                technology;
          (2) proposals for unilateral, bilateral, or 
        multilateral measures aimed at reducing any detrimental 
        effects of offsets; and
          (3) an identification of the appropriate executive 
        branch agencies to be responsible for monitoring the 
        use of offsets in international defense trade.
    (e) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in 
the same manner as the original appointment.
    (f) Initial Meeting.--Not later than 30 days after the date 
on which all members of the Commission have been appointed, the 
Commission shall hold its first meeting.
    (g) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (h) Commission Personnel Matters.--
          (1) Compensation of members.--Each member of the 
        Commission who is not an officer or employee of the 
        Federal Government shall be compensated at a rate equal 
        to the daily equivalent of the annual rate of basic pay 
        prescribed for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code,\3\ for 
        each day (including travel time) during which such 
        member is engaged in the performance of the duties of 
        the Commission. All members of the Commission who are 
        officers or employees of the United States shall serve 
        without compensation in addition to that received for 
        their services as officers or employees of the United 
        States.
---------------------------------------------------------------------------
    \3\ The rate of compensation at level IV of the Executive Schedule 
in 2006 is $143,000 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
          (2) Travel expenses.--The members of the Commission 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or 
        regular places of business in the performance of 
        services for the Commission.
          (3) Staff.--
                  (A) In general.--The Chairman of the 
                Commission may, without regard to the civil 
                service laws and regulations, appoint and 
                terminate an executive director and such other 
                additional personnel as may be necessary to 
                enable the Commission to perform its duties. 
                The employment of an executive director shall 
                be subject to confirmation by the Commission.
                  (B) Compensation.--The Chairman of the 
                Commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of 
                positions and General Schedule pay rates, 
                except that the rate of pay for the executive 
                director and other personnel may not exceed the 
                rate payable for level V of the Executive 
                Schedule under section 5316 of such title.\4\
---------------------------------------------------------------------------
    \4\ The rate of compensation at level V of the Executive Schedule 
in 2006 is $133,900 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
          (4) Detail of government employees.--Any Federal 
        Government employee may be detailed to the Commission 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status or 
        privilege.
          (5) Procurement of temporary and intermittent 
        services.--The Chairman of the Commission may procure 
        temporary and intermittent services under section 
        3109(b) of title 5, United States Code, at rates for 
        individuals which do not exceed the daily equivalent of 
        the annual rate of basic pay prescribed for level V of 
        the Executive Schedule under section 5316 of such 
        title.
    (i) Termination.--The Commission shall terminate 30 days 
after the transmission of the report from the President as 
mandated in section 1248(b).

SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

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

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

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

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

  Subtitle F--International Arms Sales Code of Conduct Act of 1999 \1\

SEC. 1261. SHORT TITLE.

    This subtitle may be cited as the ``International Arms 
Sales Code of Conduct Act of 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------

SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

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

Public Law 99-162 [S.J. Res. 228], 99 Stat. 937, approved November 25, 
                                  1985

   JOINT RESOLUTION Relating to the proposed sales of arms to Jordan.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That prior to 
March 1, 1986, no letter of offer shall be valid with respect 
to any of the proposed sales to Jordan of advanced weapons 
systems, including advanced aircraft and advanced air defense 
systems, that are described in the notification pursuant to 
section 36(b) of the Arms Export Control Act submitted to the 
Congress on October 21, 1985, unless direct and meaningful 
peace negotiations between Israel and Jordan are underway.
                 (8) Conditions on Arms Sales to Turkey

  Partial text of Public Law 94-104 [S. 2230], 89 Stat. 508, approved 
                            October 6, 1975

  AN ACT To authorize appropriations for the Board for International 
 Broadcasting for fiscal year 1976; and to promote improved relations 
    between the United States, Greece, and Turkey, to assist in the 
solution of the refugee problem on Cyprus, and to otherwise strengthen 
                      the North Atlantic Alliance.

          * * * * * * *
    Sec. 2. (a)(1) The Congress reaffirms the policy of the 
United States to seek to improve and harmonize relations among 
the allies of the United States and between the United States 
and its allies, in the interest of mutual defense and national 
security. In particular, the Congress recognizes the special 
contribution to the North Atlantic Alliance of Greece and 
Turkey by virtue of their geographic position on the 
southeastern flank of Europe and is prepared to assist in the 
modernization and strengthening of their respective armed 
forces.
    (2) The Congress further reaffirms the policy of the United 
States to alleviate the suffering of refugees and other victims 
of armed conflict and to foster and promote international 
efforts to ameliorate the conditions which prevent such persons 
from resuming normal and productive lives. The Congress, 
therefore, calls upon the President to encourage and to 
cooperate in the implementation of multilateral programs, under 
the auspices of the Secretary General of the United Nations, 
the United Nations High Commissioner for Refugees, or other 
appropriate international agencies, for the relief of and 
assistance to refugees and other persons disadvantaged by the 
hostilities on Cyprus pending a final settlement of the Cyprus 
refugee situation in the spirit of Security Council Resolution 
361.
    (b)(1) In order that the purposes of this Act may be 
carried out without awaiting the enactment of foreign 
assistance legislation for fiscal year 1976 programs--
          (A) the President is authorized, notwithstanding 
        section 620 of the Foreign Assistance Act of 1961, to 
        furnish to the Government of Turkey those defense 
        articles and defense services with respect to which 
        contracts of sale were signed under section 21 or 
        section 22 of the Foreign Military Sales Act on or 
        before February 5, 1975, and to issue licenses for the 
        transportation to the Government of Turkey of arms, 
        ammunition, and implements of war (including technical 
        data relating thereto): Provided, That such 
        authorization shall be effective only while Turkey 
        shall observe the cease-fire and shall neither increase 
        its forces on Cyprus nor transfer to Cyprus any United 
        States supplied implements of war: Provided further, 
        That the authorities contained in this section shall 
        not become effective unless and until the President 
        determines and certifies to the Congress that the 
        furnishing of defense articles and defense services, 
        and the issuance of licenses for the transportation of 
        implements of war, arms and ammunition under this 
        section are important to the national security 
        interests of the United States;
          (B) the President is requested to initiate 
        discussions with the Government of Greece to determine 
        the most urgent needs of Greece for economic and 
        military assistance; and
          (C) the President is requested to initiate 
        discussions with the Government of Turkey concerning 
        effective means of preventing the diversion of opium 
        poppy into illicit channels.
    (2) The President is directed to submit to the Speaker of 
the House of Representatives and to the Foreign Relations and 
Appropriations Committee of the Senate within sixty days after 
the enactment of this Act a report on discussions conducted 
under subsections (b)(1) (B) and (C), together with his 
recommendations for economic and military assistance to Greece 
for the fiscal year 1976.
    (c)(1) \1\ * * *
---------------------------------------------------------------------------
    \1\ Subsecs. (1) and (2) amended sec. 620(x) of the Foreign 
Assistance Act of 1961; see Legislation on Foreign Relations Through 
2005, vol. I-A.
---------------------------------------------------------------------------
    (2) \1\ * * *
    (3) Nothing in this section shall be construed as 
authorizing (A) military assistance to Turkey under chapter 2 
of part II of the Foreign Assistance Act of 1961, or (B) sales, 
credits, or guaranties to or on behalf of Turkey under the 
Foreign Military Sales Act for the procurement of defense 
articles or defense services not determined by the President to 
be needed for the fulfillment of Turkey's North Atlantic Treaty 
Organization responsibilities.
    (4) Pursuant to the provisions of this section, in the case 
of any letter of offer to sell any defense article or defense 
service pursuant to the Foreign Military Sales Act for 
$25,000,000 or more, the President shall submit to the Speaker 
of the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate a statement 
containing (A) a brief description of the defense article or 
defense service to be offered, (B) the dollar amount of the 
proposed sale, (C) the United States Armed Force which is 
making the sale, and (D) the date on which any letter of offer 
to sell is to be issued. The letter of offer shall not be 
issued if the Congress, within twenty calendar days after 
receiving any such statement, adopts a concurrent resolution 
stating in effect that it objects to such proposed sale.
    (5) This subsection shall become effective only upon 
enactment of foreign assistance legislation authorizing sales, 
credits, and guaranties under the Foreign Military Sales Act 
for fiscal year 1976.\2\
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    \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.
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    \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]
---------------------------------------------------------------------------
    \2\ Sec. 5, which required the Secretary of Defense to submit a 
report to the Congress on the effectiveness of the foreign military 
assistance program as it related to the Middle East conflict, was 
repealed by sec. 29(c)(3) of the International Security Assistance Act 
of 1978 (92 Stat. 747).
---------------------------------------------------------------------------
    Sec. 6. Of the funds appropriated pursuant to section 2, 
the President may use such sums as may be necessary from time 
to time for payment by the United States of its share of the 
expenses of the United Nations Emergency Force in the Middle 
East, as apportioned by the United Nations in accordance with 
article 17 of the United Nations Charter.
              (10) Mutual Security Act of 1959, as amended

 Partial text of Public Law 86-108 [H.R. 7500], 73 Stat. 246, approved 
                             July 24, 1959

 AN ACT To amend further the Mutual Security Act of 1954, as amended, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Mutual Security Act of 1959''.
          * * * * * * *


          Note.--Except for Chapters V, VI, and Sections 702 
        and 703, the Mutual Security Act of 1959 consists of 
        amendments to the Mutual Security Act of 1954, as 
        amended, and to other laws.
          Note.--Section 501(b), which related to international 
        cooperation in health, was repealed by Sec. 602 of the 
        Mutual Security Act of 1960. Section 642 of the Foreign 
        Assistance Act of 1961 repealed Sec. 501(a), Chapter 
        VI, and Sections 702 and 703 of the Mutual Security Act 
        of 1959, as amended.



          * * * * * * *

 Chapter V--International Cooperation in Health; Colombo Plan Council 
                       for Technical Cooperation

          * * * * * * *

             colombo plan council for technical cooperation

    Sec. 502.\1\ To enable the United States to maintain 
membership in the Colombo Plan Council for Technical 
Cooperation, there is hereby authorized to be appropriated from 
time to time to the Department of State such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the Colombo Plan Council for Technical 
Cooperation.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1896b.
              (11) Mutual Security Act of 1954, as amended

  Retained provisions of Public Law 83-665 [H.R. 9678], 68 Stat. 832, 
                  approved August 26, 1954, as amended

          * * * * * * *
    Sec. 402.\1\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \1\ Formerly at 22 U.S.C. 1922. Sec. 228 of the Federal Agriculture 
Improvement and Reform Act of 1996 (Public Law 104-127; 110 Stat. 963) 
repealed sec. 402, relating to earmarking of funds.
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          * * * * * * *
    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\
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    \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.
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    (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.
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    (b) Development of Strategy.--The President shall 
coordinate the development of a multidonor strategy to provide 
for the support and education of AIDS orphans and the families, 
communities, and institutions most affected by the HIV/AIDS 
epidemic in sub-Saharan Africa.
    (c) Definition.--In this section, the term ``HIV/AIDS'' 
means, with respect to an individual, an individual who is 
infected with the human immunodeficiency virus (HIV), the 
pathogen that causes the acquired immune deficiency virus 
(AIDS), or living with AIDS.

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

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

                 Subtitle B--World Bank AIDS Trust Fund

                  CHAPTER 1--ESTABLISHMENT OF THE FUND

SEC. 121.\8\ ESTABLISHMENT.

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

SEC. 122.\9\ GRANT AUTHORITIES.

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

SEC. 123.\10\ ADMINISTRATION.

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

SEC. 124.\11\ ADVISORY BOARD.

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

                           CHAPTER 2--REPORTS

SEC. 131.\12\ REPORTS TO CONGRESS.

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

            CHAPTER 3--UNITED STATES FINANCIAL PARTICIPATION

SEC. 141.\13\ AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 142.\14\ CERTIFICATION REQUIREMENT.

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

              TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

SEC. 201.\15\ SHORT TITLE.

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

SEC. 202.\16\ FINDINGS.

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

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

    Section 104(c) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151b(c)), as amended by section 111(a) of this Act, is 
further amended by adding at the end the following: * * * \17\
---------------------------------------------------------------------------
    \17\ For text of the Foreign Assistance Act of 1961, as amended, 
see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

                 TITLE III--ADMINISTRATIVE AUTHORITIES

SEC. 301. EFFECTIVE PROGRAM OVERSIGHT.

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

SEC. 302. TERMINATION EXPENSES.

    Section 617 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2367) is amended to read as follows: * * * \18\
---------------------------------------------------------------------------
    \18\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. I-A.
    (4) Access to HIV/AIDS Pharmaceuticals and Medical Technologies

Executive Order 13155, May 10, 2000, 65 F.R. 30521, 19 U.S.C. 2411 note

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

    Title V of H.R. 3425 [Miscellaneous Appropriations, enacted by 
  reference in sec. 1000(a)(5) of Public Law 106-113; H.R. 3194], 113 
 Stat. 1501, approved November 29, 1999; amended by Public Law 108-447 
  [Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, 
     approved December 8, 2004; and by Public Law 109-102 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
      2006; H.R. 3057], 119 Stat. 2172, approved November 14, 2005

 A BILL Making miscellaneous appropriations for the fiscal year ending 
              September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:
          * * * * * * *

                   TITLE V--INTERNATIONAL DEBT RELIEF

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

    (a) Cancellation of Debt.--Subject to the availability of 
amounts provided in advance in appropriations Acts, the 
President shall cancel all amounts owed to the United States 
(or any agency of the United States) by any country eligible 
for debt reduction under this section, as a result of loans 
made or credits extended prior to June 20, 1999, under any of 
the provisions of law specified in subsection (b).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2395a note.
---------------------------------------------------------------------------
    (b) Provisions of Law.--The provisions of law referred to 
in subsection (a) are the following:
          (1) Sections 221 and 222 of the Foreign Assistance 
        Act.
          (2) The Arms Export Control Act (22 U.S.C. 2751 et 
        seq.).
          (3) Section 5(f) of the Commodity Credit Corporation 
        Charter Act, section 201 of the Agricultural Trade Act 
        of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 
        U.S.C. 5622), or predecessor provisions under the Food 
        for Peace Act of 1966.
          (4) Title I of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
          (5) \2\ The Act of March 11, 1941 (chapter 11; 55 
        Stat. 31; 22 U.S.C. 411 et seq.; commonly known as the 
        ``Lend-Lease Act'').
---------------------------------------------------------------------------
    \2\ Sec. 578 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2232), added para. (5).
---------------------------------------------------------------------------
    (c) Other Debt Reduction Authorities.--The authority 
provided in this section is in addition to any other debt 
relief authority and does not in any way limit such authority.
    (d) Eligible Countries.--A country that is performing 
satisfactorily under an economic reform program shall be 
eligible for cancellation of debt under this section if--
          (1) the country, as of December 31, 2000, is eligible 
        to borrow from the International Development 
        Association;
          (2) the country, as of December 31, 2000, is not 
        eligible to borrow from the International Bank for 
        Reconstruction and Development; and
          (3)(A) the country has outstanding public and 
        publicly guaranteed debt, the net present value of 
        which on December 31, 1996, was at least 150 percent of 
        the average annual value of the exports of the country 
        for the period 1994 through 1996; or
          (B)(i) the country has outstanding public and 
        publicly guaranteed debt, the net present value of 
        which, as of the date the President determines that the 
        country is eligible for debt relief under this section, 
        is at least 150 percent of the annual value of the 
        exports of the country; or
          (ii) the country has outstanding public and publicly 
        guaranteed debt, the net present value of which, as of 
        the date the President determines that the country is 
        eligible for debt relief under this section, is at 
        least 250 percent of the annual fiscal revenues of the 
        country, and has minimum ratios of exports to Gross 
        Domestic Product of 30 percent, and of fiscal revenues 
        to Gross Domestic Product of 15 percent.
    (e) Priority.--In carrying out subsection (a), the 
President should seek to leverage scarce foreign assistance and 
give priority to heavily indebted poor countries with 
demonstrated need and the capacity to use such relief 
effectively.
    (f) Exceptions.--A country shall not be eligible for 
cancellation of debt under this section if the government of 
the country--
          (1) has an excessive level of military expenditures;
          (2) has repeatedly provided support for acts of 
        international terrorism, as determined by the Secretary 
        of State under section 6(j)(1) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) 
        or section 620A(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2371(a));
          (3) is failing to cooperate on international 
        narcotics control matters; or
          (4) (including its military or other security 
        forces), engages in a consistent pattern of gross 
        violations of internationally recognized human rights.
    (g) Additional Requirement.--A country which is otherwise 
eligible to receive cancellation of debt under this section may 
receive such cancellation only if the country has committed, in 
connection with a social and economic reform program--
          (1) to enable, facilitate, or encourage the 
        implementation of policy changes and institutional 
        reforms under economic reform programs, in a manner 
        that ensures that such policy changes and institutional 
        reforms are designed and adopted through transparent 
        and participatory processes;
          (2) to adopt an integrated development strategy of 
        the type described in section 1624(a) of the 
        International Financial Institutions Act, to support 
        poverty reduction through economic growth, that 
        includes monitorable poverty reduction goals;
          (3) to take steps so that the financial benefits of 
        debt relief are applied to programs to combat poverty 
        (in particular through concrete measures to improve 
        economic infrastructure, basic services in education, 
        nutrition, and health, particularly treatment and 
        prevention of the leading causes of mortality) and to 
        redress environmental degradation;
          (4) to take steps to strengthen and expand the 
        private sector, encourage increased trade and 
        investment, support the development of free markets, 
        and promote broad-scale economic growth;
          (5) to implement transparent policy making and budget 
        procedures, good governance, and effective 
        anticorruption measures;
          (6) to broaden public participation and popular 
        understanding of the principles and goals of poverty 
        reduction, particularly through economic growth, and 
        good governance; and
          (7) to promote the participation of citizens and 
        nongovernmental organizations in the economic policy 
        choices of the government.
    (h) Certain Prohibitions Inapplicable.--Except as the 
President may otherwise determine for reasons of national 
security, a cancellation of debt under this section shall not 
be considered to be assistance for purposes of any provision of 
law limiting assistance to a country. The authority to provide 
for cancellation of debt under this section may be exercised 
notwithstanding section 620(r) of the Foreign Assistance Act of 
1961, or any similar provision of law.
    (i) Authorization of Appropriations.--For the cost (as 
defined in section 502(5) of the Federal Credit Reform Act of 
1990) of the cancellation of any debt under this section, there 
are authorized to be appropriated to the President such sums as 
may be necessary for each of the fiscal years 2000 through 
2004,\3\ which shall remain available until expended.
---------------------------------------------------------------------------
    \3\ Sec. 591(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809) intended to strike out ``2003-2004'' and 
insert in lieu thereof ``2000-2006''. The amendment is not executable, 
as current language reads ``fiscal years 2000 through 2004''.
---------------------------------------------------------------------------
    (j) Annual Reports to the Congress.--Not later than 
December 31 of each year, the President shall prepare and 
transmit to the Committees on Banking and Financial Services, 
Appropriations, and International Relations of the House of 
Representatives, and the Committees on Banking, Housing, and 
Urban Affairs, Foreign Relations, and Appropriations of the 
Senate a report, which shall be made available to the public, 
concerning the cancellation of debt under subsection (a), and a 
detailed description of debt relief provided by the United 
States as a member of the Paris Club of Official Creditors for 
the prior fiscal year.

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

    Title XVI of the International Financial Institutions Act 
(22 U.S.C. 262p-262p-5) is amended by adding at the end the 
following: * * * \4\
---------------------------------------------------------------------------
    \4\ Sec. 502 added new secs. 1623 and 1624 to the International 
Financial Institutions Act. For text, see Legislation on Foreign 
Relations Through 2005, vol. III.
---------------------------------------------------------------------------

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

    (a) Contributions for Debt Reductions for the Poorest 
Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et 
seq.) is amended by adding at the end the following: * * * \5\
---------------------------------------------------------------------------
    \5\ Sec. 503(a) added a new sec. 62 to the Bretton Woods Agreements 
Act. For text, see Legislation on Foreign Relations Through 2005, vol. 
III.
---------------------------------------------------------------------------
    (b) Certification.--Within 15 days after the United States 
Executive Director casts the votes necessary to carry out the 
instruction described in section 62 of the Bretton Woods 
Agreements Act, the Secretary of the Treasury shall certify to 
the Congress that neither the profits nor the earnings on the 
investment of profits from the gold sales made pursuant to the 
instruction or of the funds attributable to United States 
participation in SCA-2 will be used to augment the resources of 
any reserve account of the International Monetary Fund for the 
purpose of making loans.

SEC. 504.\6\ ADDITIONAL PROVISIONS.

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

                 (A) Torture Victims Relief Act of 1998

 Public Law 105-320 [H.R. 4309], 112 Stat. 3016, approved October 30, 
      1998; amended by Public Law 106-87 [Torture Victims Relief 
   Reauthorization Act of 1999; H.R. 2367], 113 Stat. 1301, approved 
     November 3, 1999; Public Law 108-179 [Torture Victims Relief 
   Reauthorization Act of 2003; H.R. 1813], 117 Stat. 2643, approved 
 December 15, 2003; and by Public Law 109-165 [Torture Victims Relief 
   Reauthorization Act of 2005; H.R. 2017], 119 Stat. 3574, approved 
                            January 10, 2006

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

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief Act 
of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2152 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS.

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

SEC. 3.\1\ DEFINITION.

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

SEC. 4.\1\ FOREIGN TREATMENT CENTERS.

    (a) Amendments to the Foreign Assistance Act of 1961.--Part 
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) is amended by adding at the end of chapter 1 the 
following new section: * * * \2\
---------------------------------------------------------------------------
    \2\ Sec. 4(a) added a new sec. 129 (22 U.S.C. 2152) to the Foreign 
Assistance Act of 1961. Public Law 106-87 (113 Stat. 1302) subsequently 
redesignated the section as sec. 130.
---------------------------------------------------------------------------
    (b) Funding.--(1) \3\ Authorization of appropriations.--Of 
the amounts authorized to be appropriated for fiscal years 2006 
and 2007 pursuant to chapter 1 of part I of the Foreign 
Assistance Act of 1961, there are authorized to be appropriated 
to the President to carry out section 130 of such Act 
$12,000,000 for fiscal year 2006 and $13,000,000 for fiscal 
year 2007.
---------------------------------------------------------------------------
    \3\ Sec. 4 of Public Law 109-165 (119 Stat. 3574) amended and 
restated para. (1). Previously, sec. 3(a) of Public Law 108-179 (117 
Stat. 2643) amended and restated para. (1), in part to authorize 
appropriations of $11,000,000 for fiscal year 2004 and $12,000,000 for 
fiscal year 2005. As originally enacted, the Act authorized 
appropriations of $5,000,000 for fiscal year 1999 and $7,500,000 for 
fiscal year 2000. Sec. 6(b) of Public Law 106-87 (113 Stat. 1302) also 
amended the paragraph to strike out a reference to sec. 129 of the 
Foreign Assistance Act of 1961, and to insert in lieu thereof a 
reference to sec. 130 of that Act, as redesignated by sec. 6(a) of the 
Torture Victims Relief Reauthorization Act of 1999.
---------------------------------------------------------------------------
          (2) Availability of funds.--Amounts appropriated 
        pursuant to this subsection shall remain available 
        until expended.
    (c) Effective Date.--The amendment made by subsection (a) 
shall take effect October 1, 1998.

SEC. 5.\1\ DOMESTIC TREATMENT CENTERS.

    (a) Assistance for Treatment of Torture Victims.--The 
Secretary of Health and Human Services may provide grants to 
programs in the United States to cover the cost of the 
following services:
          (1) Services for the rehabilitation of victims of 
        torture, including treatment of the physical and 
        psychological effects of torture.
          (2) Social and legal services for victims of torture.
          (3) Research and training for health care providers 
        outside of treatment centers, or programs for the 
        purpose of enabling such providers to provide the 
        services described in paragraph (1).
    (b) Funding.--
          (1) \4\ Authorization of appropriations.--Of the 
        amounts authorized to be appropriated for the 
        Department of Health and Human Services for fiscal 
        years 2006 and 2007, there are authorized to be 
        appropriated to carry out subsection (a) $25,000,000 
        for each of the fiscal years 2006 and 2007.
---------------------------------------------------------------------------
    \4\ Sec. 3 of Public Law 109-165 (119 Stat. 3574) amended and 
restated para. (1). Previously, sec. 2(a) of Public Law 108-179 (117 
Stat. 2643) amended and restated para. (1), effective October 1, 2003, 
to authorize $20,000,000 for fiscal year 2004, and $25,000,000 for 
fiscal year 2005. As originally enacted, the section authorized 
appropriations of $5,000,000 for fiscal year 1999, and $7,500,000 for 
fiscal year 2000.
---------------------------------------------------------------------------
          (2) Availability of funds.--Amounts appropriated 
        pursuant to this subsection shall remain available 
        until expended.

SEC. 6.\1\ MULTILATERAL ASSISTANCE.

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

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

    (a) In General.--The Secretary of State shall provide 
training for foreign service officers with respect to--
          (1) the identification of torture;
          (2) the identification of the surrounding 
        circumstances in which torture is most often practiced;
          (3) the long-term effects of torture upon a victim;
          (4) the identification of the physical, cognitive, 
        and emotional effects of torture, and the manner in 
        which these effects can affect the interview or hearing 
        process; and
          (5) the manner of interviewing victims of torture so 
        as not to retraumatize them, eliciting the necessary 
        information to document the torture experience, and 
        understanding the difficulties victims often have in 
        recounting their torture experience.
    (b) Gender-Related Considerations.--In conducting training 
under subsection (a)(4) or (5), gender-specific training shall 
be provided on the subject of interacting with women and men 
who are victims of torture by rape or any other form of sexual 
violence.
         (B) Torture Victims Relief Reauthorization Act of 2005

    Partial text of Public Law 109-165 [H.R. 2017], 119 Stat. 3574, 
                       approved January 10, 2006

  AN ACT To amend the Torture Victims Relief Act of 1998 to authorize 
appropriations to provide assistance for domestic and foreign programs 
  and centers for the treatment of victims of torture, and for other 
                               purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief 
Reauthorization Act of 2005''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\2\ STATEMENT OF POLICY.

    It is the policy of the United States--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2152 note.
---------------------------------------------------------------------------
          (1) to ensure that, in its support abroad for 
        programs and centers for the treatment of victims of 
        torture, particular incentives and support should be 
        given to establishing and supporting such programs and 
        centers in emerging democracies, in post-conflict 
        environments, and, with a view to providing services to 
        refugees and internally displaced persons, in areas as 
        close to ongoing conflict as safely as possible; and
          (2) to ensure that, in its support for domestic 
        programs and centers for the treatment of victims of 
        torture, particular attention should be given to 
        regions with significant immigrant or refugee 
        populations.

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

    Section 5(b)(1) of the Torture Victims Relief Act of 1998 
(22 U.S.C. 2152 note) is amended to read as follows: * * *

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN TREATMENT CENTERS 
                    FOR VICTIMS OF TORTURE.

    Section 4(b)(1) of the Torture Victims Relief Act of 1998 
(22 U.S.C. 2152 note) is amended to read as follows: * * *

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES 
                    CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND 
                    FOR VICTIMS OF TORTURE.

    Of the amounts authorized to be appropriated for fiscal 
years 2006 and 2007 pursuant to chapter 3 of part I of the 
Foreign Assistance Act of 1961, there are authorized to be 
appropriated to the President for a voluntary contribution to 
the United Nations Voluntary Fund for Victims of Torture 
$7,000,000 for fiscal year 2006 and $8,000,000 for fiscal year 
2007.
         (C) Torture Victims Relief Reauthorization Act of 2003

    Partial text of Public Law 108-179 [H.R. 1813], 117 Stat. 2643, 
                       approved December 15, 2003

  AN ACT To amend the Torture Victims Relief Act of 1998 to authorize 
 appropriations to provide assistance for domestic and foreign centers 
  and programs for the treatment of victims of torture, and for other 
                               purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief 
Reauthorization Act of 2003''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note. Secs. 2 and 3 of this Act amended the 
Torture Victims Relief Act of 1998 to authorize appropriations for 
fiscal years 2004 and 2005.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES 
                    CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND 
                    FOR VICTIMS OF TORTURE.

    Of the amounts authorized to be appropriated for fiscal 
years 2004 and 2005 pursuant to chapter 3 of part I of the 
Foreign Assistance Act of 1961, there are authorized to be 
appropriated to the President for a voluntary contribution to 
the United Nations Voluntary Fund for Victims of Torture 
$6,000,000 for fiscal year 2004 and $7,000,000 for fiscal year 
2005.
         (D) Torture Victims Relief Reauthorization Act of 1999

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

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

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief 
Reauthorization Act of 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

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

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

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

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

SEC. 4. MULTILATERAL ASSISTANCE.

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

SEC. 5. REPORTING REQUIREMENT.

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

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

    (a) Amendment to Foreign Assistance Act of 1961.--The 
second section 129 of the Foreign Assistance Act of 1961, as 
added by section 4(a) of the Torture Victims Relief Act of 1998 
(Public Law 105-320), is redesignated as section 130.
    (b) Amendment to Torture Victims Relief Act of 1998.--
Section 4(b)(1) of the Torture Victims Relief Act of 1998 is 
amended by striking ``section 129 of the Foreign Assistance Act 
of 1961, as added by subsection (a)'' and inserting ``section 
130 of the Foreign Assistance Act of 1961 (as redesignated by 
section 6(a) of the Torture Victims Relief Reauthorization Act 
of 1999)''.
      (7) Miscellaneous Authorization--Fiscal Years 1996 and 1997

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


          Note.--Except for the provisions noted below, this 
        Act consists of amendments to the Foreign Assistance 
        Act of 1961 and the Arms Export Control Act. Title II, 
        relating to the transfer of naval vessels to foreign 
        countries, has been executed and is listed as such on 
        page 1346.



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

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

SECTION 1. TABLE OF CONTENTS.

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

                TITLE I--DEFENSE AND SECURITY ASSISTANCE

               CHAPTER 1--MILITARY AND RELATED ASSISTANCE

          * * * * * * *

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

    Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961, as added by this Act, during each of the fiscal 
years 2000 and 2001,\1\ funds available to the Department of 
Defense may be expended for crating, packing, handling, and 
transportation of excess defense articles transferred under the 
authority of section 516 of such Act to countries that are 
eligible to participate in the Partnership for Peace and that 
are eligible for assistance under the Support for East European 
Democracy (SEED) Act of 1989.
---------------------------------------------------------------------------
    \1\ Sec. 1211(a) of the Security Assistance Act of 1999 (title XII 
of the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) 
struck out ``1999 and 2000'' and inserted in lieu thereof ``2000 and 
2001''.
    Previously, sec. 519 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1999 (division A, sec. 101(d) 
of Public Law 105-277; 112 Stat. 2681) struck out ``1996 and 1997'' and 
inserted in lieu thereof ``1999 and 2000''. Sec. 2703(d) of the 
European Security Act of 1998 (division G, title XXVII of Public Law 
105-277), however, also struck out ``1996 and 1997'' to insert in lieu 
thereof ``1997, 1998, and 1999''.
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        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).
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    \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).
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    \3\ 22 U.S.C. 2151 note.
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                      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.
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    \4\ 22 U.S.C. 2751 note.
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          * * * * * * *

  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--
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    \1\ 22 U.S.C. 2151q note.
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          (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.
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    \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.
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          (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.
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    \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.
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    \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.
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    \1\ Sec. 5303, title 31, was originally enacted as Public Law 89-
677 (80 Stat. 955) and codified at 31 U.S.C. 938. Public Law 97-258 (96 
Stat. 877) revised and recodified title 31, including changes to the 
text and U.S. Code citation to this provision.
               l. Merchant Marine Act of 1936, as amended

Act of June 29, 1936, Chapter 858 [H.R. 8355] 49 Stat. 1985, as amended

 AN ACT To further the development and maintenance of an adequate and 
well-balanced American merchant marine, to promote the commerce of the 
United States, to aid in the national defense, to repeal certain former 
                  legislation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *
    Sec. 901.\1\ * * *
---------------------------------------------------------------------------
    \1\ 46 U.S.C. app. 1241.
---------------------------------------------------------------------------
    (b) \2\ (1) \3\ Whenever the United States shall procure, 
contract for, or otherwise obtain for its own account, or shall 
furnish to or for the account of any foreign nation without 
provision for reimbursement, any equipment, materials, or 
commodities, within or without the United States, or shall 
advance funds or credits or guarantee the convertibility of 
foreign currencies in connection with the furnishing of such 
equipment, materials, or commodities, the appropriate agency or 
agencies shall take such steps as may be necessary and 
practicable to assure that at least 50 per centum of the gross 
tonnage of such equipment, materials, or commodities (computed 
separately for dry bulk carriers, dry cargo liners, and 
tankers), which may be transported on ocean vessels shall be 
transported on privately owned United States-flag commercial 
vessels, to the extent such vessels are available at fair and 
reasonable rates for United States-flag commercial vessels, in 
such manner as will insure a fair and reasonable participation 
of United States-flag commercial vessels in such cargoes by 
geographic areas: Provided, That the provisions of this 
subsection may be waived whenever the Congress by concurrent 
resolution or otherwise, or the President of the United States, 
or the Secretary of Defense declares that an emergency exists 
justifying a temporary waiver of the provisions of section 
901(b)(1) \4\ and so notifies the appropriate agency or 
agencies: And provided further, That the provisions of this 
subsection shall not apply to cargoes carried in vessels of the 
Panama Canal Company. Nothing herein shall repeal or otherwise 
modify the provisions of Public Resolution Numbered 17, 
Seventy-third Congress (48 Stat. 500) \5\ as amended.'' \6\ For 
purposes of this section, the term ``privately owned United 
States-flag commercial vessels'' shall not be deemed to include 
any vessel which, subsequent to the date of enactment of this 
amendment, shall have been either (a) built outside the United 
States, (b) rebuilt outside the United States, or (c) 
documented under any foreign registry, until such vessel shall 
have been documented under the laws of the United States for a 
period of three years: Provided, however, That the provisions 
of this amendment shall not apply where, (1) prior to the 
enactment of this amendment, the owner of a vessel, or 
contractor for the purchase of a vessel, originally constructed 
in the United States and rebuilt abroad or contracted to be 
rebuilt abroad, has notified the Maritime Administration in 
writing of its intent to document such vessel under United 
States registry, and such vessel is so documented on its first 
arrival at a United States port not later than one year 
subsequent to the date of the enactment of this amendment, or 
(2) where prior to the enactment of this amendment, the owner 
of a vessel under United States registry has made a contract 
for the rebuilding abroad of such vessel and has notified the 
Maritime Administration of such contract, and such rebuilding 
is completed and such vessel is thereafter documented under 
United States registry on its first arrival at a United States 
port not later than one year subsequent to the date of the 
enactment of this amendment.\7\
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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).
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    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--
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    \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.)''.
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          (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.).
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    \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.
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    \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.''.
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    (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.
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    \22\ 46 U.S.C. app. 1241i.
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               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.
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  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.
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    \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''.
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    (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.
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          (1) in accordance with the terms and conditions of 
        this title applicable to loan guarantees in the case of 
        vessels documented under the laws of the United States; 
        or
          (2) in accordance with such other terms as the 
        Secretary determines to be more favorable than the 
        terms otherwise provided in this title and to be 
        compatible with export credit terms offered by foreign 
        governments for the sale of vessels built in foreign 
        shipyards.
    (b) Interagency Council.--
          (1) Establishment; composition.--There is hereby 
        established an interagency council for the purposes of 
        this section. The council shall be composed of the 
        Secretary of Transportation, who shall be chairman of 
        the Council, the Secretary of the Treasury, the 
        Secretary of State, the Assistant to the President for 
        Economic Policy, the United States Trade 
        Representative, and the President and Chairman of the 
        United States Export-Import Bank, or their designees.
          (2) Purpose of the council.--The council shall--
                  (A) obtain information on shipbuilding loan 
                guarantees, on direct and indirect subsidies, 
                and on other favorable treatment of shipyards 
                provided by foreign governments to shipyards in 
                competition with United States shipyards; and
                  (B) provide guidance to the Secretary in 
                establishing terms for loan guarantees for 
                eligible export vessels under subsection 
                (a)(2).
          (3) Consultation with u.s. shipbuilders.--The council 
        shall consult regularly with United States shipbuilders 
        to obtain the essential information concerning 
        international shipbuilding competition on which to set 
        terms and conditions for loan guarantees under 
        subsection (a)(2).
          (4) Annual Report.--Not later than January 31 of each 
        year (beginning in 1995), the Secretary of 
        Transportation shall submit to Congress a report on the 
        activities of the Secretary under this section during 
        the preceding year. Each report shall include 
        documentation of sources of information on assistance 
        provided by the governments of other nations to 
        shipyards in those nations and a summary of 
        recommendations made to the Secretary during the 
        preceding year regarding applications submitted to the 
        Secretary during that year for loan guarantees under 
        this title for construction of eligible export vessels.
2. Executive Orders, Delegations of Authority and Reorganization Plans 
          Relating to Foreign Assistance and Arms Exports \1\

     a. Administration of Foreign Assistance and Related Functions

Executive Order 12163,\2\ September 29, 1979, 44 F.R. 56673, 22 U.S.C. 
2381 note, as amended by Executive Order 12226, July 22, 1980, 45 F.R. 
   49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109; 
  Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order 
12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14, 
 1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R. 
3733; Executive Order 12560, May 24, 1986, F.R. 19159; Executive Order 
    12608, September 9, 1987, 52 F.R. 34617; Executive Order 12620, 
 December 24, 1987, 52 F.R. 49135; Executive Order 12639, May 6, 1988, 
  53 F.R. 16691; Executive Order 12680, July 5, 1989, 54 F.R. 28995; 
Executive Order 12695, November 1, 1989, 54 F.R. 46589; Executive Order 
    12738, December 14, 1990, 55 F.R. 52033; Executive Order 13030, 
December 12, 1996, 61 F.R. 66187; Executive Order 13091, June 29, 1998, 
 63 F.R. 36153; Executive Order 13118, March 31, 1999, 64 F.R. 16595; 
 Executive Order 13346, July 8, 2004, 69 F.R. 41905; and by Executive 
             Order 13361, November 16, 2004, 69 F.R. 67633

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961, Reorganization Plan No. 2 of 1979,\2\ 
the International Development Cooperation Act of 1979, and 
section 301 of title 3 of the United States Code, and as 
President of the United States, it is hereby ordered as 
follows:
---------------------------------------------------------------------------
    \1\ See also Executive Order 13257 (February 13, 2002; 67 F.R. 
7259), as amended, establishing the President's Interagency Task Force 
to Monitor and Combat Trafficking in Persons, in Legislation on Foreign 
Relations Through 2005, vol. I-A; Executive Order 12703 (February 20, 
1990; 55 F.R. 6351), as amended, delegating authority related to the 
Support for East European Democracy (SEED) Program; Executive Order 
12884 (December 1, 1993; 58 F.R. 64099), as amended, delegating 
functions Under the FREEDOM Support Act and Related Provisions of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, Executive Order 12880 (November 16, 1993; 58 F.R. 
60989) and Executive Order 12992 (March 15, 1996; 61 F.R. 11287), 
related to international narcotics control, in this volume.
    \2\ On March 31, 1999, the President issued Executive Order 13118 
(64 F.R. 16595), which substantially rewrote Executive Order 12163 to 
conform with requirements of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-790).
    Secs. 1401 and 1422(a)(2) of that Act provided that the following 
Executive Orders, delegation of authority and reorganization plan would 
cease to be effective on Apri1 1, 1999, or upon the date of abolition 
of the U.S. IDCA pursuant to the reorganization plan described in sec. 
1601 of that Act:
---------------------------------------------------------------------------

  (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).

  (2) Secs. 1-101 through 1-103, secs. 1-401 through 1-403, sec. 1-801(a), 
and such other provisions that relate to the United States International 
Development Cooperation Agency or the Director of IDCA, of Executive Order 
12163 (22 U.S.C. 2381 note; relating to administration of foreign 
assistance and related functions).

  (3) The International Development Cooperation Agency Delegation of 
Authority Numbered 1 (44 Fed. Reg. 57521), except for secs. 1 through 6 of 
such Delegation of Authority.

  (4) Sec. 3 of Executive Order No. 12884 (58 Fed. Reg. 64099; relating to 
the delegation of functions under the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992, the Foreign 
Assistance Act of 1961, the Foreign Operations, Export Financing and 
Related Programs Appropriations Act, 1993, and sec. 301 of title 3, United 
States Code).
---------------------------------------------------------------------------

    Amendments made to Executive Order 12163 by Executive Order 13118, 
March 31, 1998 (64 F.R. 16595), to implement the Foreign Affairs Reform 
and Restructuring Act of 1998 are incorporated herein.
---------------------------------------------------------------------------

                      1-1.\3\ DEPARTMENT OF STATE.

    1-100. Delegation of Functions. (a) Exclusive of the 
functions otherwise delegated, or reserved to the President, by 
this order, Executive Order 12884, Executive Order 11579, and 
Executive Order 12757,\4\ and subject to the provisions of such 
orders, there are hereby delegated to the Secretary of State 
(referred to in this Part as the ``Secretary'') all functions 
conferred upon the President by:
---------------------------------------------------------------------------
    \3\ Sec. 1 of Executive Order 13118, March 31, 1999 (64 F.R. 
16595), amended and restated part 1-1 in its entirety.
    \4\ Executive Order 13345, July 8, 2004 (69 F.R. 41901) revoked 
Executive Order 12757.
---------------------------------------------------------------------------
          (1) the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 et seq.) (``Act'');
                  (i) except that with respect to section 
                505(a) of the Act, such functions only insofar 
                as those functions relate to other provisions 
                which may be required by the President or only 
                insofar as they relate to consent;
                  (ii except that with respect to section 
                505(b) of the Act, such functions only insofar 
                as those functions pertain to countries that 
                agree to the conditions set forth therein;
          (2) section 1205(b) of the International Security and 
        Development Cooperation Act of 1985 (``ISDCA of 
        1985'');
          (3) section 8(d) of the Act of January 12, 1971 (22 
        U.S.C. 2321b(d));
          (4) section 607 of the International Security 
        Assistance and Arms Export Control Act of 1976 (22 
        U.S.C. 2394a);
          (5) section 402(b)(2) of title 10, United States 
        Code, which shall be exercised in consultation with the 
        Secretary of Defense;
          (6) the third proviso under the heading ``Development 
        Assistance'' contained in title II of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1999 (as contained in Public Law 
        105-277);
          (7) section 572 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1989 (Public Law 100-461);
          (8) sections 508, 517, 518, 528(a), 535, 539, 544, 
        561, 563, 572, 574, 575, 585, 594 of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1999 (as contained in Public Law 
        105-277);
          (9) section 523 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1999 (as contained in Public Law 105-277), which shall 
        be exercised in consultation with the Secretary of the 
        Treasury;
          (10) section 551 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1999 (as contained in Public Law 105-277);
          (11) section 591 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1998 (Public Law 105-118), and the provisions of law 
        referenced therein;
          (12) section 821(b) of the Western Hemisphere Drug 
        Elimination Act (as contained in Public Law 105- 277); 
        \5\
---------------------------------------------------------------------------
    \5\ Sec. 3 of Executive Order 13346 (69 F.R. 41905) struck out a 
period at the end of para. (12); inserted in lieu thereof a semicolon, 
and added new paras. (13), (14), and (15).
---------------------------------------------------------------------------
          (13) \5\ title II of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        2002 (Public Law 107-115), under the heading 
        ``Assistance for the Independent States of the Former 
        Soviet Union,'' in subsections (g)(4) and (6);
          (14) \5\ section 512 of Division D of the 
        Consolidated Appropriations Act, 2004 (Public Law 108-
        199);
          (15) \5\ section 5(c) and 6 of the Anglo-Irish 
        Agreement Support Act of 1986 (Public Law 99-415), as 
        amended; \6\
---------------------------------------------------------------------------
    \6\ Sec. 1(a) of Executive Order 13361 (69 F.R. 67633) struck out a 
period at the end of para. (15); inserted in lieu thereof a semicolon, 
and added new para. (16).
---------------------------------------------------------------------------
          (16) \6\ the United States Leadership Against HIV/
        AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
        108-25) (the ``HIV/AIDS Act''), as amended, and 
        amendments made by the HIV/AIDS Act, which the 
        Secretary shall perform, in the case of section 304, 
        after consultation with the Secretary of Health and 
        Human Services.
    (b) The functions under section 653 of the Act delegated to 
the Secretary shall be exercised in consultation with the 
Secretary of Defense, insofar as they relate to functions under 
the Act administered by the Department of Defense, and the 
Director of the Office of Management and Budget.
    (c) The functions under sections 239(f), 620(e), 620(g), 
620(j), 620(q), and 620(s) of the Act delegated to the 
Secretary shall be exercised in consultation with the 
Administrator of the United States Agency for International 
Development.
    (d) \7\ The Secretary shall perform all public information 
functions abroad with respect to the foreign assistance, aid, 
and development programs of the United States Government, to 
the extent such functions are not specifically assigned by 
statute to be performed by a different officer.
---------------------------------------------------------------------------
    \7\ Sec. 11 of Executive Order 13118, March 31, 1999 (64 F.R. 
16599), provides that ``The provisions of this order shall become 
effective as of April 1, 1999, except that the authority contained in 
section 1-100(d), and the amendment made by section 5(2) of this order, 
shall become effective as of October 1, 1999.''.
---------------------------------------------------------------------------
    (e) The Secretary may redelegate to any other officer or 
agency of the Executive branch functions delegated to the 
Secretary by this order to the extent such delegation is not 
otherwise prohibited by law.

       1-2.\8\ UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

    1-200. United States Agency for International Development.
---------------------------------------------------------------------------
    \8\ Sec. 2 of Executive Order 13118, March 31, 1999 (64 F.R. 
16596), amended and restated part 1-2 in its entirety.
---------------------------------------------------------------------------
    (a) The United States Agency for International Development 
is an independent establishment within the Executive branch. 
Any reference in the Act to the agency primarily responsible 
for administering part I of the Act, or to the Administrator of 
such agency, shall be deemed to be a reference to the United 
States Agency for International Development or to the 
Administrator of that agency, as appropriate.
    (b) The United States Agency for International Development 
shall be headed by an Administrator appointed pursuant to 
section 624(a) of the Act.
    (c) The officers provided for in section 624(a) of the Act 
shall serve in the United States Agency for International 
Development.
    (d) The Office of Small Business provided for in section 
602(b) of the Act shall be in the United States Agency for 
International Development.
    (e) To the extent practicable, the Administrator of the 
United States Agency for International Development will 
exercise functions relating to Foreign Service personnel in a 
manner that will assure maximum compatibility among agencies 
authorized by law to utilize the Foreign Service personnel 
system. To this end, the Administrator shall consult regularly 
with the Secretary of State.

                       1-3. DEPARTMENT OF DEFENSE

    1-301. Delegation of Functions. Subject to the provisions 
of this order, there are hereby delegated to the Secretary of 
Defense:
    (a) The functions conferred upon the President by Part II 
(except chapters 4, 6, and 8 thereof \9\ of the Act) not 
otherwise delegated or reserved to the President.
---------------------------------------------------------------------------
    \9\ The reference to chapter 8 was added by Executive Order 12458, 
Jan. 14, 1984 (49 F.R. 1977).
---------------------------------------------------------------------------
    (b) To the extent that they relate to other functions under 
the Act administered by the Department of Defense, the 
functions conferred upon the President by sections 602(a), 
605(a), 625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 
634B, 635(b) (except with respect to negotiation, conclusion, 
and termination of international agreements), 635(d), 635(g), 
and 636(i) of the Act.\10\
---------------------------------------------------------------------------
    \10\ Sec. 1 of Executive Order 12423, May 26, 1983 (48 F.R. 24025), 
added the reference to sec. 636(i).
---------------------------------------------------------------------------
    (c) Those functions under section 634A of the Act, to the 
extent they relate to notifications to the Congress concerning 
changes in programs under chapters 2 and 5 of part II of the 
Act \11\ and under the Arms Export Control Act, as amended,\12\ 
subject to prior consultation with the Secretary of State.
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    \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.
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    \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.
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    (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.
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                          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\
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    \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.
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    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.
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    \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.
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    \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.
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    (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)).
---------------------------------------------------------------------------
    \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''.
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    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.''.
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          (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.
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    \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\
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    \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--
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  ``(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.''.
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    (1) Exclusive of the functions reserved to the Secretary of 
State herein or otherwise delegated, the functions conferred 
upon the Secretary by section 1-100 \2\ of the order insofar as 
such functions relate to programs under part II of the Act 
(including chapters 4 and 6 thereof), and by Executive Order 
11958 of January 18, 1977 (42 F.R. 4311), relating to sales and 
exports under the Arms Export Control Act (22 U.S.C. 2751 et 
seq.).
---------------------------------------------------------------------------
    \2\ Sec. 1 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck out ``1-201'' and inserted in lieu 
thereof ``1-100''.
---------------------------------------------------------------------------
    (2) Subject to section 3(a) \3\ of this delegation of 
authority, the functions conferred upon the Secretary of State 
by statute or \4\ by sections 531(b) \5\ and 622(c) of the Act 
and by section 2(b) of the Arms Export Control Act relating to 
continuous supervision and general direction of economic 
support assistance \6\ and military assistance and sales 
programs and exports, including, but not limited to, whether 
there shall be an economic support program for a country and 
the amount thereof, a military assistance program for a country 
and the value thereof or a military sale to a country and the 
amount thereof, and whether there shall be delivery or other 
performance under such program, sale or export, to the end that 
such programs, sales and exports are effectively integrated 
both at home and abroad and the foreign policy of the United 
States is best served thereby. The functions under section 
531(b) shall be exercised in cooperation with the Administrator 
of the United States Agency for International Development 
(hereinafter ``USAID'').\7\
---------------------------------------------------------------------------
    \3\ should probably refer to sec. 4 in its entirety, as amended by 
the Delegation of Authority of March 31, 1999 (neither numbered nor 
published).
    \4\ Sec. 2(a) of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), inserted ``by statute or'' after ``Secretary 
of State''.
    \5\ Sec. 2(b) of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck out ``531(a)(2)'' and inserted in lieu 
thereof ``531(b)''.
    \6\ Sec. 2(c) of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck out ``economic assistance'' and 
inserted in lieu thereof ``economic support assistance''.
    \7\ Sec. 2(d) of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), added this sentence.
---------------------------------------------------------------------------
    (3) The functions conferred upon the Secretary of State 
by--
          (A) sections 39 and 42(b) of the Arms Export Control 
        Act,
          (B) section 504 of the Foreign Relations 
        Authorization Act, fiscal year 1979 (22 U.S.C. 
        2656d),\8\
---------------------------------------------------------------------------
    \8\ Department of State Delegation of Authority No. 145-13, May 16, 
1996 (61 F.R. 25727), struck out ``and'' at the end of subpara. (B), 
struck out a period at the end of subpara. (C) and added ``, and'', and 
added subpara. (D).
---------------------------------------------------------------------------
          (C) \9\ section 1454 of the Department of Defense 
        Authorization Act, 1986 (PL 99-145, 10 U.S.C. 2547), 
        and (to the extent not otherwise expressly delegated or 
        reserved) other authorities and responsibilities of the 
        Secretary of State relating to the provision of 
        Department of Defense equipment or services for 
        humanitarian purposes,
---------------------------------------------------------------------------
    \9\ Subpara. (C) was added by State Department Delegation of 
Authority 145-6, February 23, 1988 (53 F.R. 8540).
---------------------------------------------------------------------------
          (D) \8\ Section 1324(a) of Title XIII of the Defense 
        Authorization Act, 1996 (Public Law 104-106), and
          (E) \10\ Section 585 of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1997, as enacted in P.L. 104-208.
---------------------------------------------------------------------------
    \10\ Department of State Delegation of Authority issued in 1998, 
unnumbered, undated, unpublished #2, struck out ``and'' at the end of 
subpara. (C); struck out a period at the end of subpara. (D) and 
inserted in lieu thereof ``, and''; and added a new subpara. (E).
---------------------------------------------------------------------------
    (4) The functions conferred on the President by--
          (A) section 8(d) of the act of January 12, 1971 (22 
        U.S.C. 2321b(d)); and
          (B) section 607 of the International Security 
        Assistance and Arms Export Control Act of 1976 (22 
        U.S.C. 2394a).
          (C) \11\ Section 1540(b)(1)(A) of the Department of 
        Defense Authorization Act, 1985, (Pub. L. 98-525), who 
        shall exercise such function in consultation with the 
        Secretary of Defense.
---------------------------------------------------------------------------
    \11\ Subpara. (C) was added by State Department Delegation of 
Authority No. 145-4, February 19, 1986 (51 F.R. 5942).
---------------------------------------------------------------------------
    (5) \12\ The function of consultation, pursuant to the 
Order and Executive Order 11958, with the Secretary of Defense, 
the Director of the Office of Management and Budget, and the 
Administrator of USAID.
---------------------------------------------------------------------------
    \12\ Sec. 3 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), amended and restated para. (5). It formerly 
read as follows:
    ``(5) The function of consultation, pursuant to the order and 
Executive Order 11958, with the Secretary of Defense, the Director of 
the Office of Management and Budget and the Director of the 
International Development Cooperation Agency (hereinafter `IDCA').''.
---------------------------------------------------------------------------
    (6) \13\ The functions conferred on the Secretary of State 
by sections 1701-1703 of the National Defense Authorization Act 
for Fiscal Year 1991 (NDAA) (Public Law 101-510; 50 U.S.C. App. 
2402 note, 2405, 2410(b); 22 U.S.C. 2797-2797c), and all 
functions conferred on the President by sections 1701-1703 of 
the NDAA; sections 303, 324, and 401-405 of the Foreign 
Relations Authorization Act, fiscal Years 1992 and 1993 (Public 
Law 102-138); sections 305, 306, 308, and all of sections 307 
with the exception of subsection 307(b)(2)(F)(ii), of the 
Chemical and Biological Weapons Control and Warfare Elimination 
Act of 1991 (Public Law 102-182; 50 U.S.C. App. 2410c; 22 
U.S.C. 2798, 5604-5606); sections 241 and 1097 of the National 
Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190); and section 1364 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484), to 
the extent that such functions were delegated to the Secretary 
of State pursuant to Executive Order 12851 of June 11, 1993.
---------------------------------------------------------------------------
    \13\ Department of State Delegation of Authority No. 145-7, July 1, 
1991 (56 F.R. 34088), added para. (6) to confer functions assigned to 
the President by title XVII of the National Defense Authorization Act 
for Fiscal Year 1991 to the Secretary of State. Para. (6) was amended 
and restated by Delegation of Authority No. 145-8 of June 29, 1993. The 
current text was added by Delegation of Authority No. 145-10, June 10, 
1994 (59 F.R. 33812).
---------------------------------------------------------------------------
    (7) \14\ The functions conferred on the Secretary of State 
by section 374 of Title 10, United States Code and other 
authorities and responsibilities of the Secretary of State 
related to the provision of Department of Defense equipment and 
services for narcotics-related purposes.
---------------------------------------------------------------------------
    \14\ Department of State Delegation of Authority No. 145-10, June 
10, 1994 (59 F.R. 33812), amended and restated paras. (6) and (8), and 
added new paras. (7) and (9).
---------------------------------------------------------------------------
    (8) \15\ The functions specified in sections 504 and 508 
\16\ of the FREEDOM Support Act (22 U.S.C. 5801 et seq.) and 
Title III of the Foreign Operations, Export Financing, and 
Related Programs Act, 1994 (Public Law 103-87) relating to the 
Nonproliferation and Disarmament Fund, to the extent that such 
functions were delegated to the Secretary of State pursuant to 
the Presidential Memorandum Delegation of Authority dated April 
21, 1994.
---------------------------------------------------------------------------
    \15\ Department of State Delegation of Authority No. 145-10, June 
10, 1994 (59 F.R. 33812) added para. (8).
    \16\ Department of State Delegation of Authority No. 145-13, May 
16, 1996 (61 F.R. 25727), added reference to sec. 508.
---------------------------------------------------------------------------
    (9) \14\ The function specified in section 5 of the United 
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), 
relating to the implementation of United Nations arms 
embargoes, to the extent that such functions were delegated to 
the Secretary of State by Executive Order 12918 of May 26, 
1994.
    (11) \17\ The functions specified in the Iran-Iraq Arms 
Non-Proliferation Act of 1992 (Public Law 102-484), to the 
extent that such functions were delegated to the Secretary of 
State pursuant to Presidential Memorandum Delegation of 
Authority dated September 27, 1994.
---------------------------------------------------------------------------
    \17\ Department of State Delegation of Authority No. 145-11, 
October 24, 1994 (59 F.R. 54668) added para. (11).
---------------------------------------------------------------------------
    (12) \18\ The functions conferred on the Secretary of State 
in Executive Order 12938 of November 14, 1994.
---------------------------------------------------------------------------
    \18\ Department of State Delegation of Authority No. 145-12, July 
30, 1998 (63 F.R. 46094) added para. (12).
---------------------------------------------------------------------------
    (13) \19\ The functions conferred on the Secretary by the 
Chemical Weapons Convention Implementation Act of 1998 (as 
contained in Pub. L. 105-277).
---------------------------------------------------------------------------
    \19\ Department of State Delegation of Authority No. 145-16, July 
21, 1999 (64 F.R. 41482) added paras. (13) and (14).
---------------------------------------------------------------------------
    (14) \19\ The functions that, before the effective date 
described in section 1201 of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as contained in Pub. L. 105-277) 
were vested in the United States Arms Control and Disarmament 
Agency, including any functions conferred on the Director or 
any officer of employee of that agency, and that, pursuant to 
the provisions of the Act (including amendments made by that 
Act), are now conferred on the Secretary.
    (b) To the Under Secretary for Management:
    (1) The function of consultation with the Administrator of 
USAID \20\ under the Order with respect to maximum 
compatibility in the administration of the Foreign Service 
personnel system.
---------------------------------------------------------------------------
    \20\ Sec. 4 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck out ``Director of IDCA'' and inserted 
in lieu thereof ``Administrator of USAID''.
---------------------------------------------------------------------------
    (2) The function conferred on the Secretary of State by 
section 514 of the Mutual Security Act of 1954 (22 U.S.C. 
1766).
    (c) \21\ To the Under Secretary for Economic, Business and 
Agricultural Affairs, the functions conferred upon the 
Secretary of State by section 574 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1996 
(P.L. 104-107).
---------------------------------------------------------------------------
    \21\ The State Department issued a series of delegations of 
authority in 1998 that were unnumbered, undated, and unpublished. These 
delegations will be cited as such, and numbered 1 through 4. Subsec. 
(c) was added by sec. 1(a) of Department of State Delegation of 
Authority issued in 1998, unnumbered, undated, unpublished #1. That 
delegation of authority also redesignated the existing subsecs. (c) 
through (f) as subsecs. (d) through (g).
---------------------------------------------------------------------------
    (d) To the Assistant Secretary for Economic and Business 
Affairs:
    (1) \22\ Those functions conferred upon the Secretary of 
State by sections 5(k) and 6(k) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2404(k), 2405(k)) and the functions 
under sections 5(f)(4), 5(i), and 6(g) of such Act conferred 
upon the Secretary of State by section 1-102(b) of Executive 
Order 12214 of May 2, 1980, 45 F.R. 29783, relating to 
negotiations with other countries, subject to the concurrences 
required by the Department of State Circular 175 Procedure.
---------------------------------------------------------------------------
    \22\ The amendments of July 15, 1980 (45 F.R. 51974) added all the 
functions listed under para. (1) except for those under sec. 5(k) of 
the Export Administration Act of 1979.
---------------------------------------------------------------------------
    (2) Those functions conferred upon the President by section 
601(b)(6) of the act.
    (3) The function conferred upon the Secretary of State by 
section 3(b) of Executive Order 10900 of January 5, 1961 (26 
F.R. 143) of insuring that all functions exercised under the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1701 et seq.) are consistent with the foreign policy of 
the United States.
    (4) \23\ The functions conferred upon the Secretary of 
State by section 574 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (P.L. 
104-107).
---------------------------------------------------------------------------
    \23\ Sec. (c) of Department of State Delegation of Authority issued 
in 1998, unnumbered, undated, unpublished #1 added para. (4) to subsec. 
(d).
---------------------------------------------------------------------------
    (e) \24\ To the Assistant Secretary for International 
Organization Affairs:
---------------------------------------------------------------------------
    \24\ Redesignated from subsec. (d) by sec. 1(b) of Department of 
State Delegation of Authority issued in 1998, unnumbered, undated, 
unpublished #1.
    Sec. 5 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), amended and restated subsec. (e), which 
formerly read as follows:
    ``Those functions conferred upon the President by sections 301(a), 
301(b), 301(c), 301(e)(1), 301(e)(3), 302(a)(1) as it relates to the 
Presidential certifications concerning the United Nations Relief and 
Works Agency 302(a)(3), and 305 of the Act.''.
---------------------------------------------------------------------------
    Those functions conferred upon the President by chapter 3 
of part I of the Act. The functions under sections 301(a), (d), 
and (e) of the Act shall be exercised in consultation with the 
Administrator of USAID insofar as they relate to international 
organizations and programs whose purpose is primarily 
developmental.
    (f) \25\ To the Assistant Secretaries:
---------------------------------------------------------------------------
    \25\ Sec. 6 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), amended and restated subsec. (f), as 
redesignated by Department of State Delegation of Authority, issued in 
1998, undated, unnumbered, unpublished #1. Subsec. (f) formerly read as 
follows:
    ``Principal responsibility consistent with section 1-604 of the 
order for concurrence of the Department of State, with the approval of 
the legal adviser and in accordance with the Circular 175 Procedure, in 
the negotiation, conclusion and termination of international agreements 
relevant to their respective areas of responsibility by IDCA and its 
component agencies pursuant to international agreement authorities 
conferred upon IDCA and its component agencies by statute, 
reorganization plan, Executive Order, or delegation of authority.''.
---------------------------------------------------------------------------
    Principal responsibility consistent with section 1-604 of 
the Order for concurrence of the Department of State, with the 
approval of the legal adviser and in accordance with the 
Circular 175 Procedure, in the negotiation, conclusion, and 
termination of international agreements relevant to their 
respective areas of responsibility by USAID pursuant to 
international agreement authorities conferred upon USAID by 
statute, Executive Order, delegation of authority, or 
otherwise.
    (g) \26\ To the legal adviser:
---------------------------------------------------------------------------
    \26\ Redesignated from subsec. (f) by sec. 1(b) of Department of 
State Delegation of Authority issued in 1998, unnumbered, undated, 
unpublished #1.
---------------------------------------------------------------------------
    (1) Those functions conferred upon the President by 
sections 601(b)(3), 601(b)(4), and 620(e)(2) of the act.
    (2) Responsibility for insuring compliance with the Case 
Act (1 U.S.C. 112b) and applicable regulations and procedures, 
including the Circular 175 Procedure, with respect to 
international agreements.
    (h) \27\ To the Assistant Secretary for International 
Narcotics and Law Enforcement Affairs: \28\
---------------------------------------------------------------------------
    \27\ Sec. 7(a) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), redesignated this former subsec. (g) 
as subsec. (h).
    \28\ Department of State Public Notice 2841 (63 F.R. 33754) struck 
out ``Matters'' and inserted in lieu thereof ``Law Enforcement 
Affairs''. Sec. 7(b) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), made the same amendment.
---------------------------------------------------------------------------
    (1) Those functions conferred upon the President by 
sections 481 and 487 \29\ of the act, together with all those 
authorities contained in the act, to the extent necessary or 
appropriate to accomplish the purpose of sections 481 and 487 
\29\ of the act: Provided, That Department of State procurement 
for the International Narcotics Control Program shall be 
carried out in accordance with Department of State Acquisition 
Regulations (48 CFR Chapter 6).\30\
---------------------------------------------------------------------------
    \29\ Department of State Public Notice 2841 (63 F.R. 33754) struck 
out ``section 481'' and inserted in lieu thereof ``sections 481 and 
487''.
    \30\ Department of State Public Notice 2841 (63 F.R. 33754) struck 
out ``Procurement Regulations (41 CFR Chapter 6)'' and inserted in lieu 
thereof ``Acquisition Regulations (48 CFR Chapter 6)''.
---------------------------------------------------------------------------
    (2) \31\ The functions of negotiating, concluding and 
terminating international agreements relating to international 
narcotics control and anticrime \32\ programs subject to the 
concurrences required by the Circular 175 Procedure.
---------------------------------------------------------------------------
    \31\ Sec. 7(c) and (d) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), struck out former para. (2) and 
redesignated para. (3) as para. (2). Former para. (2) read as follows:
    ``(2) Those functions conferred upon the Secretary of State by the 
determination of the President pursuant to section 604(a) of the act, 
dated October 18, 1961 (26 F.R. 10543), and by section 4 of the 
Executive Order 11223 of May 12, 1965 (30 F.R. 6635).''.
    \32\ Department of State Public Notice 2841 (63 F.R. 33754) 
inserted ``and anticrime'' after ``international narcotics control''.
---------------------------------------------------------------------------
    (h) * * * [Revoked--1999] \33\
---------------------------------------------------------------------------
    \33\ Sec. 8(a) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), revoked subsec. (h), which had read 
as follows:
    ``(h) To the Coordinator for Refugee Affairs:
    ``Those functions conferred upon the President by section 495F and 
by Chapter 4 of part II of the act insofar as they relate to refugees, 
together with all those authorities contained in the act, to the extent 
necessary or appropriate to accomplish such purposes of section 495F 
and of chapter 4 of part II.''.
---------------------------------------------------------------------------
    (i) \34\ To the Director of the Office for Combatting 
Terrorism:
---------------------------------------------------------------------------
    \34\ The amendments of February 4, 1984 (49 F.R. 7018) added 
subsec. (i). Such amendments further stated that ``Actions within the 
scope of this delegation heretofore taken by the official designated in 
such delegation are hereby ratified and confirmed.''
---------------------------------------------------------------------------
    Those functions conferred upon the President by Chapter 8 
of Part II of the act, together with all those authorities 
contained in the act, to the extent necessary or appropriate to 
accomplish the purposes of Chapter 8 of Part II of the act.\35\
---------------------------------------------------------------------------
    \35\ Sec. 9 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck ``, except that such functions shall be 
exercised consistent with Section 573(d)(3) thereof'' from this point.
---------------------------------------------------------------------------
    (j) \36\ To the Assistant Secretary for Western Hemisphere 
Affairs: \37\
---------------------------------------------------------------------------
    \36\ Subsec. (j) was added by State Department Delegation of 
Authority 145-5, January 22, 1988 (53 F.R. 5072).
    State Department Delegation of Authority 145-17 of June 13, 2000 
(65 F.R. 41745) provided the following:
    ``By virtue of the authority vested in me by Delegation of 
Authority No. 145-5 of January 22, 1988, 53 FR 5072, pursuant to 
Executive Order 12163 of September 29, 1979, 44 FR 56673, as amended, 
and the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2151 et 
seq., I hereby delegate to the Assistant Administrator for Latin 
America and the Caribbean of the U.S. Agency for International 
Development (USAID) functions conferred on the President by section 
534(b)(3)(A), (B), and (C) [of the Foreign Assistance Act of 1961, as 
amended] for the purpose of including law enforcement agencies and 
personnel in activities financed by USAID to strengthen the 
administration of justice. All such activities shall be implemented in 
coordination with the International Criminal Investigative Training 
Assistance Program of the U.S. Department of Justice.''.
    See also notes at sec. 534 of the Foreign Assistance Act of 1961, 
in Legislation on Foreign Relations Through 2005, vol. I-A.
    \37\ Sec. 10(a) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), struck out ``Assistant Secretary for 
Inter-American Affairs'' and inserted in lieu thereof ``Assistant 
Secretary for Western Hemisphere Affairs''.
---------------------------------------------------------------------------
    Those functions conferred upon the President by section 
534(b)(3) of the Act, to be exercised in cooperation with the 
Administrator of the United States Agency for International 
Development,\38\ together with authorities under other 
provisions in chapter 4 of part II or part III of the Act which 
may be necessary and appropriate \39\ to implement such 
functions.
---------------------------------------------------------------------------
    \38\ Sec. 10(b) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), struck out ``Agency for International 
Development within the International Development Cooperation Agency'' 
and inserted in lieu thereof ``United States Agency for International 
Development''.
    \39\ Sec. 10(c) of Delegation of Authority of March 31, 1999 
(neither numbered nor published), struck out ``necessary'' and inserted 
in lieu thereof ``necessary and appropriate''.
---------------------------------------------------------------------------
    (k) \40\ To the Assistant Secretary for Political-Military 
Affairs:
---------------------------------------------------------------------------
    \40\ Added by Department of State Delegation of Authority issued in 
1998, unnumbered, March 18, 1998, unpublished #3.
---------------------------------------------------------------------------
    With respect to funds made available under the account for 
``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'' in annual foreign operations, export financing, and 
related programs appropriations acts, those functions under 
subsection (a) of this section insofar as such functions relate 
to demining assistance activities and export control assistance 
activities; except that this subsection shall not apply with 
respect to specific matters appear \41\ to present particularly 
significant policy issues. The Under Secretary for Arms Control 
and International Security \42\ may at any time exercise any of 
the functions described in this subsection.
---------------------------------------------------------------------------
    \41\ Should probably read ``to specific matters that appear''.
    \42\ Department of State Delegation of Authority 145-16, July 21, 
1999 (64 F.R. 41482) struck out ``Affairs'' after ``Under Secretary for 
Arms Control and International Security''.
---------------------------------------------------------------------------
    (l) \43\ To the Assistant Secretaries for International 
Organization Affairs, International Narcotics and Law 
Enforcement Affairs, the Coordinator for Counterterrorism, and 
the Assistant Secretary for Western Hemisphere Affairs, with 
regard to the functions delegated by subsections (e), (h), (i), 
and (j), respectively, the functions conferred upon the 
President by section 4 of Executive Order 11223 of May 12, 
1965.
---------------------------------------------------------------------------
    \43\ Sec. 11 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), added subsecs. (l), (m), (n), and (o).
---------------------------------------------------------------------------
    (m) \43\ To Assistant Secretaries of State, the Coordinator 
for East European Assistance, and the Special Advisor to the 
President and the Secretary of State on Assistance to the New 
Independent States, performing functions under the Act, the 
functions conferred upon the President by section 634B of the 
Act insofar as it relates to the performance of those 
functions.
    (n) \43\ To the Coordinator for East European Assistance 
and the Special Advisor to the President and the Secretary of 
State on Assistance to the New Independent States, the 
functions conferred upon the President by section 577 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (as included in P.L. 105-277) and 
section 201 of the Support for East European Democracy (SEED) 
Act of 1989, insofar as such functions relate to programs 
within their respective areas of responsibility.
    (o) \43\ To Assistant Secretaries implementing functions 
under the Act, and to the Coordinator for East European 
Assistance and the Special Advisor to the President and the 
Secretary of State on Assistance to the New Independent States 
those functions contained in the Act that may be necessary or 
appropriate to carry out such functions.
    (p) \44\ To the Global AIDS Coordinator:
---------------------------------------------------------------------------
    \44\ Delegation of Authority No. 145-18 (July 30, 2004; 69 F.R. 
45880) added subsec. (p). Sec. 1 of Delegation of Authority 145-19 
(December 22, 2004; 70 F.R. 19549) amended and restated subsec. (p). 
Delegation of Authority 145-19 superseded Delegation of Authority No. 
279, which did not amend Delegation of Authority 145 but delegated 
authority to the Global AIDS Coordinator under the U.S. Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (November 17, 
2004; 70 F.R. 19549).
---------------------------------------------------------------------------
    Those functions in the United States Leadership Against 
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25) (Act), as amended, except amendments made by that Act, 
that were conferred upon the President and delegated to the 
Secretary of State.

Section 2.\45\ Functions Delegated to the Administrator of the United 
        States Agency for International Development
---------------------------------------------------------------------------

    \45\ Sec. 12 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), amended and restated sec. 2. See notes at sec. 
3.
---------------------------------------------------------------------------
    (a) Exclusive of the functions otherwise delegated or 
reserved to the Secretary of State herein there are hereby 
delegated to the Administrator of the United States Agency for 
International Development (hereinafter referred to as the 
Administrator):
          (1) the functions conferred upon the President by 
        part I of the Act (including chapter 4 of part II 
        thereof), together with all those functions contained 
        in the Act that may be necessary or appropriate to 
        carry out such functions: Provided, That the functions 
        under section 104A of the Act shall be exercised 
        subject to the authorities and duties of the Global 
        AIDS Coordinator as contained in section 1(f) of the 
        State Department Basic Authorities Act of 1956; \46\
---------------------------------------------------------------------------
    \46\ Sec. 2 of the Delegation of Authority 145-19 (December 22, 
2004; 70 F.R. 19549) added the proviso.
---------------------------------------------------------------------------
          (2) the functions conferred upon the President by 
        section 653 of the Act insofar as such functions relate 
        to chapters 1, 10, and 11 of part I of the Act and 
        funds appropriated under the heading ``Assistance for 
        Eastern Europe and the Baltic States'';
          (3)(A) the functions conferred upon the President 
        by--
                  (i) sections 301(a) and 307 of the FREEDOM 
                Support Act, except insofar as provided 
                otherwise in section 2(b) of E.O. 12884;
                  (ii) sections 498 and 498C(b)(2) of the Act;
                  (iii) paragraph (3) of section 498A(c) of the 
                Act and the requirement to make reports under 
                that section regarding determinations under 
                that paragraph;
                  (iv) subsection (d) under the heading 
                ``Assistance for the New Independent States of 
                the Former Soviet Union'' contained in title II 
                of Public Law 102-391; and
                  (v) section 592 of Public Law 102-391, except 
                to the extent otherwise provided in section 
                5(b) of E.O. 12884.
          (B) such functions shall be exercised subject to the 
        authority of the Coordinator under section 102(a) of 
        the FREEDOM Support Act or otherwise;
          (4) the function conferred upon the President by the 
        third proviso under the heading ``Development 
        Assistance'' contained in title II of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 1999 (as contained in Public Law 
        105-277) insofar as such functions relate to part I 
        (including chapter 4 of part II) of the Act, excluding 
        section 129 thereof relating to technical assistance to 
        foreign governments and chapter 3 thereof;
          (5) the functions conferred upon the President by 
        section 518 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1999 (as contained in Public Law 105-277), insofar as 
        such functions relate to part I (including chapter 4 of 
        part II) of the Act, excluding section 129 thereof 
        relating to technical assistance to foreign governments 
        and chapter 3 thereof;
          (6) the functions conferred upon the President by 
        section 577 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1999 (as contained in Public Law 105-277), insofar as 
        such functions relate to chapters 1 and 10 of part I, 
        and chapter 4 of part II, of the Act;
          (7) the functions conferred upon the President by 
        section 591 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1998 (Public Law 105-118), and the provisions of law 
        referenced therein;
          (8) the functions conferred upon the President by 
        section 572 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1989 (Public Law 100-461), which shall be exercised in 
        consultation with the Secretary of State and the 
        Director of the Office of Management and Budget;
          (9) those functions conferred upon the Secretary of 
        State by sections 4 and 7 of Executive Order 11269 of 
        February 14, 1966, relating to the National Advisory 
        Council on International Monetary and Financial 
        Policies;
          (10) the functions of negotiating, concluding, and 
        terminating international agreements under part I of 
        the Act (including chapter 4 of part II thereof), 
        subject to the Department of State's Circular 175 
        procedure, with regard to programs administered by the 
        United States Agency for International Development.
    (b) The delegated functions under sections 491(b), 491(c), 
627, 628, 630(3), and 666 of the Act shall be exercised in 
consultation with the Secretary of State.
    (c) The delegated functions under section 534 of the Act 
(with the exception of those contained in subsection (b)(3)) 
shall be exercised in cooperation with the appropriate 
Assistant Secretaries of State.

Section 3.\47\ Functions Delegated to Other Agencies.
---------------------------------------------------------------------------

    \47\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), redesignated sec. 3 as sec. 4 and inserted a 
new sec. 3. The former sec. 2, amended and restated by sec. 12 of the 
same unpublished Delegation of Authority, had provided as follows:
---------------------------------------------------------------------------

``Section 2. Functions Delegated to Other Agencies
---------------------------------------------------------------------------

    ``(a) The functions conferred on the President by section 620(s) of 
the Act are hereby delegated to the Director of the United States 
International Development Cooperation Agency, who shall exercise such 
functions in consultation with the Under Secretary of State for 
Security Assistance, Science and Technology. The functions conferred on 
the President by section 534 of the Act, with the exception of those 
contained in subsection (b)(3), are hereby delegated to the 
Administrator of the Agency for International Development within the 
United States International Development Cooperation Agency, who shall 
exercise such functions in cooperation with the Assistant Secretary of 
State for Inter-American Affairs.
    ``(b) The functions conferred upon the President and upon the 
Secretary of State by section 1540 of the Department of Defense 
Authorization Act, 1985, (Pub. L. 98-525), not otherwise delegated 
herein, are hereby delegated to the Administrator of the Agency for 
International Development, who shall exercise such function in 
consultation with the Secretary of Defense and with the Under Secretary 
of State for Security Assistance, Science and Technology.''.
---------------------------------------------------------------------------
    To the heads of other agencies implementing functions under 
the Act, those functions contained in the Act that may be 
necessary or appropriate to carry out such functions.

Section 4.\48\ Functions Reserved to the Secretary of State

    There are hereby reserved to the Secretary of State:
---------------------------------------------------------------------------
    \48\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), redesignated sec. 3 as sec. 4, and sec. 4 as 
sec. 6.
    Sec. 14 of that Delegation of Authority amended and restated the 
redesignated sec. 4. The section formerly read as follows:
    ``(a) The functions conferred on the President by sections 239(g), 
502B(a)(2), 505(b), 533(b), 614(b), 620(c), 620(e)(1), 620(f), 620(g), 
620(i), and 620(q) of the Act.
    ``(b) The functions of determining which are friendly nations 
within the meaning of section 107 of the Agricultural Trade Development 
and Assistance Act of 1954 for the purpose of negotiating and 
concluding agreements pursuant to the authority contained in section 
3(a) of Executive Order 10900 of January 5, 1961.''.
    Previously, the amendments of July 15, 1980 (45 F.R. 51974) 
redesignated existing secs. 2 and 3 as secs. 3 and 4, respectively, and 
added a new sec. 2.
---------------------------------------------------------------------------
          (a) The functions conferred on the President by 
        sections 239(f), 451, 462 of chapter 6, 502B, 505(b), 
        533(b), 614(b), 620(c), 620(e)(1), 620(f), 620(g), 
        620(q), and 620C(c) of the Act.
          (b) The functions conferred upon the Secretary by 
        section 101(b) and 622(c) (insofar as they concern 
        economic assistance other than assistance under chapter 
        4 of part II) of the Act and sections 1522 and 1523 of 
        the Foreign Affairs Reform and Restructuring Act of 
        1998.
          (c) In keeping with the United States Agency for 
        International Development's status as a distinct agency 
        and recognizing that the Administrator is under the 
        Secretary's direct authority and foreign policy 
        guidance, the Secretary shall review the United States 
        Agency for International Development's strategic plan 
        and annual performance plan, annual budget submission 
        and appeals, and allocations and significant (in terms 
        of policy or money) reprogrammings of development and 
        other economic assistance.

Section 5.\49\ Allocation of Funds
---------------------------------------------------------------------------

    \49\ Added by sec. 15 of Delegation of Authority of March 31, 1999 
(neither numbered nor published).
---------------------------------------------------------------------------
    There are hereby allocated to the Administrator the funds 
allocated to the Secretary of State by section 1-800(a) of the 
Order, except such funds as are appropriated for purposes of 
chapters 3 and 8 of part I and chapters 6 and 8 of part II of 
the Act, and funds appropriated under the heading 
``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs''.

Section 6.\50\ General Provisions

    (a) As used in this delegation of authority, the word 
``function'' includes any duty, obligation, power, authority, 
responsibility, right, privilege, discretion, or activity.
---------------------------------------------------------------------------
    \50\ Sec. 13 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), redesignated sec. 4 as sec. 6. Previously, the 
amendments of July 15, 1980 (45 F.R. 51974) redesignated existing secs. 
2 and 3 as secs. 3 and 4, respectively, and added a new sec. 2.
---------------------------------------------------------------------------
    (b) Any reference in this delegation of authority to any 
act, order, determination, delegation of authority, regulation, 
or procedure shall be deemed to be a reference to such act, 
order, determination, delegation of authority, regulation, or 
procedure as amended from time to time.
    (c) Any reference in this delegation of authority to 
security assistance, shall be deemed to include all forms of 
security assistance, including assistance and training under 
part II of the act (including chapters 4 and 6 thereof), sales, 
exports, credits, and guaranties under the Arms Export Control 
Act, and naval vessel transfer as authorized by law.
    (d) Notwithstanding any provision of this delegation of 
authority, the Secretary of State or the Deputy Secretary of 
State may at any time exercise any function delegated or 
reserved \51\ by this delegation of authority.
---------------------------------------------------------------------------
    \51\ The amendments of February 4, 1984 (49 F.R. 7018) added the 
words ``or reserved''.
---------------------------------------------------------------------------
    (e) Any officer to whom functions are delegated \52\ by 
this delegation of authority may, to the extent consistent with 
law:
---------------------------------------------------------------------------
    \52\ The words ``to any officer of the Department of State'' which 
previously appeared at this point, were struck out by the amendments of 
July 15, 1980 (45 F.R. 51974).
---------------------------------------------------------------------------
    (1) redelegate such functions and authorize their 
successive redelegation; and
    (2) promulgate such rules and regulations as may be 
necessary to carry out such functions.
    (f) State Department Delegation of Authority No. 104 of 
November 3, 1961 (26 F.R. 10608), as amended, is revoked.
    (g) Except to the extent inconsistent with this delegation 
of authority, all delegations of authority, determinations, 
authorizations, regulations, rulings, certificates, orders, 
directives, contracts, agreements, and other actions made, 
issued, or entered into with respect to any function affected 
by this delegation of authority and not revoked, superseded, or 
otherwise made inapplicable before the effective date of this 
delegation of authority, shall continue in full force and 
effect until modified, amended, or terminated by appropriate 
authority.
    (h) \53\ Any reference in this delegation of authority to 
any act, order, determination, delegation of authority, 
regulation, or procedure shall be deemed to apply to any \54\ 
provision of law that is the same or substantially the same as 
such act, order, determination, delegation of authority, 
regulation, or procedure.
---------------------------------------------------------------------------
    \53\ Added by sec. 2 of Department of State Delegation of Authority 
issued in 1998, unnumbered, undated, unpublished #1.
    \54\ Sec. 16 of Delegation of Authority of March 31, 1999 (neither 
numbered nor published), struck out ``hereafter enacted'' after ``apply 
to any''.
c. International Development Cooperation Agency Delegation of Authority 
                                 No. 1

 International Development Cooperation Agency Delegation of Authority 
   No. 1, October 1, 1979, 44 F.R. 57521; as amended by amendment of 
                    October 31, 1980, 45 F.R. 74090

    International Development Cooperation Agency: Foreign Economic 
                               Assistance

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.) 
(hereinafter referred to as the Act), title IV of the 
International Development Cooperation Act of 1979 (22 U.S.C. 
3501 et seq.), Executive Order No. 12163 of September 29, 1979 
entitled ``Administration of Foreign Assistance and Related 
Functions'' (hereinafter referred to as the Executive Order), 
and Reorganization Plan No. 2 of 1979 (44 F.R. 41185), it is 
ordered as follows:


          Note.--The Foreign Affairs Reform and Restructuring 
        Act of 1998, and within that Act the Foreign Affairs 
        Agencies Consolidation Act of 1998 (division G, and 
        within that, subdivision A, of Public Law 105-277; 112 
        Stat. 2681-761, 2681-765), abolished the U.S. Arms 
        Control and Disarmament Agency, the U.S. Information 
        Agency, and the U.S. International Development 
        Cooperation Agency, and transferred the functions of 
        these agencies to the Department of State; transferred 
        certain functions of the Agency for International 
        Development to the Department of State; and further 
        reorganized the Department of State.
          Sec. 1422 of Public Law 105-277 (5 U.S.C. app.; 22 
        U.S.C. 2381 note) provided that reorganization plans 
        and delegations of authority related to the agencies 
        listed above shall cease to be effective, including the 
        Reorganization Plan No. 2 of 1979 (5 U.S.C. app.), 
        certain sections of Executive Order 12163, this 
        Delegation of Authority, except for sec. 1-6 (retained 
        below), and sec. 3 of Executive Order 12884.



          * * * * * * *

1-6. Functions Delegated to the Overseas Private Investment Corporation

    1-601. Exclusive of the functions otherwise delegated, or 
reserved to the Director of IDCA herein, there are hereby 
delegated to the Overseas Private Investment Corporation:
          (a) The functions under sections 621(b), 625(d)(1), 
        627, 628, 629(b), 630 and 635(d) of the Act insofar as 
        such functions relate to the operations of the Overseas 
        Private Investment Corporation, its activities, or 
        personnel.
          (b) The functions under section 237(a) of the Act, 
        provided that such functions shall be exercised in 
        consultation with the Director of IDCA.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1421 of the Foreign Affairs Agencies Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-791) provides the following:
    ``Except as otherwise provided in this subdivision, any reference 
in any statute, reorganization plan, Executive order, regulation, 
agreement, determination, or other official document or proceeding to 
the United States International Development Cooperation Agency (IDCA) 
or to the Director or any other officer or employee of IDCA--
---------------------------------------------------------------------------

  * * *

  ``(2) insofar as such reference relates to any function or authority 
transferred under section 1412(b) [relating to Overseas Private Investment 
Corporation], shall be deemed to refer to the Administrator of the Agency 
for International Development''.

          * * * * * * *
               d. Administration of Arms Export Controls

Executive Order 11958, January 18, 1977, 42 F.R. 4311,\1\ as amended by 
Executive Order 12118, February 6, 1979, 44 F.R. 7939; Executive Order 
12163, September 29, 1979, 44 F.R. 56673; Executive Order 12210, April 
16, 1980, 45 F.R. 26313; Executive Order 12321, September 14, 1981, 46 
    F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933; 
  Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order 
  12560, May 24, 1986, 51 F.R. 19160; Executive Order 12680, July 5, 
1989, 54 F.R. 28996; Executive Order 12738, December 14, 1990, 55 F.R. 
    52033; Executive Order 13030, December 12, 1996, 61 F.R. 66187; 
 Executive Order 13091, June 29, 1998, 63 F.R. 36153; Executive Order 
  13118, March 31, 1999, 64 F.R. 16595; and by Executive Order 13284, 
                     January 23, 2003, 68 F.R. 4075

    By virtue of the authority vested in me by the Constitution 
and statutes of the United States of America, including the 
Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.), 
and Section 301 of Title 3 of the United States Code, and as 
President of the United States of America, it is hereby ordered 
as follows:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note. This Executive Order superseded Executive 
Order 11501, December 22, 1969 (34 F.R. 20169), as amended by Executive 
Order 11685, September 27, 1972 (37 F.R. 20155).
---------------------------------------------------------------------------
    Section 1. Delegation of Functions. The following functions 
conferred upon the President by the Arms Export Control Act (22 
U.S.C. 2751 et seq.), hereinafter referred to as the Act and 
related legislation,\2\ are delegated as follows:
---------------------------------------------------------------------------
    \2\ Sec. 5 of Executive Order 12680, July 5, 1989 (54 F.R. 28996) 
added ``and related legislation'' and new paras. (q) and (r).
---------------------------------------------------------------------------
    (a) Those under Section 3 of the Act, with the exception of 
subsections (a)(1), (b), (c)(3), (c)(4), and (f),\3\ to the 
Secretary of State: Provided, That the Secretary of State, in 
the implementation of the functions delegated to him under 
Sections 3 (a) and (d) of the Act, is authorized to find, in 
the case of a proposed transfer of a defense article or related 
training or other defense service by a foreign country or 
international organization not otherwise eligible under Section 
3(a)(1) of the Act, whether the proposed transfer will 
strengthen the security of the United States and promote world 
peace.
---------------------------------------------------------------------------
    \3\ The reference to subsec. (f) was added by sec. 1-107 of 
Executive Order 12118, February 6, 1979 (44 F.R. 7939).
---------------------------------------------------------------------------
    (b) Those under Section 5 to the Secretary of State.
    (c) Those under Section 21 of the Act, with the exception 
of the last sentence of subsection (d) and all of subsection 
(i), to the Secretary of Defense.\4\
---------------------------------------------------------------------------
    \4\ The reference to subsec. (i) was substituted in place of a 
reference to subsec. (h) by sec. 1-101 of Executive Order 12210, April 
16, 1980 (45 F.R. 26313).
---------------------------------------------------------------------------
    (d) Those under Sections 22(a), 29, 30 and 30A of the Act 
to the Secretary of Defense.\5\
---------------------------------------------------------------------------
    \5\ The reference to sec. 29 was added by sec. 2 of Executive Order 
12321, September 14, 1981 (46 F.R. 46109). The reference to sec. 30 was 
added by sec. 2 of Executive Order 12423, May 26, 1983 (48 F.R. 24025). 
The reference to sec. 30A was added by Executive Order 12560, May 24, 
1986 (51 F.R. 19160).
---------------------------------------------------------------------------
    (e) \6\ Those under Section 23 of the Act and section 571 
of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167), to the 
Secretary of Defense, to be exercised in consultation with the 
Secretary of State and the Secretary of the Treasury, except 
that the President shall determine any rate of interest to be 
charged which is less than the market rate of interest.
---------------------------------------------------------------------------
    \6\ Sec. 12 of Executive Order 12560, May 24, 1986 (51 F.R. 19160), 
amended and restated sec. 1(e). Previously, sec. 1(e) read as follows: 
``Those under Section 23 of the Act, with the exception of the function 
of certifying a rate of interest to the Congress as provided by 
paragraph (2) of that Section, to the Secretary of Defense.''.
    Sec. 6 of Executive Order 12680, July 5, 1989 (54 F.R. 28996), 
added reference to sec. 580 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989. Sec. 6 of 
Executive Order 12738, December 14, 1990 (55 F.R. 52033), updated 
reference to the current Foreign Operations, Export Financing, and 
Related Programs Appropriations Act.
---------------------------------------------------------------------------
    (f) \7\ Those under Sections 24, 27 and 28 of the Act to 
the Secretary of Defense. The Secretary of Defense, in 
implementing the functions delegated to him under Sections 24 
\8\ and 27, shall consult with the Secretary of State and the 
Secretary of the Treasury.
---------------------------------------------------------------------------
    \7\ The delegation of functions under secs. 27 and 28 were added by 
sec. 1-102 of Executive Order 12210, April 16, 1980 (45 F.R. 26313).
    \8\ Sec. 24 and the reference to the Secretary of the Treasury were 
added by sec. 13 of Executive Order 12560, May 24, 1986 (51 F.R. 
19160).
---------------------------------------------------------------------------
    (g) Those under Section 25 of the Act to the Secretary of 
State. The Secretary of Defense and the Director of the Arms 
Control and Disarmament Agency, within their respective areas 
of responsibility, shall assist the Secretary of State in the 
preparation of materials for presentation to the Congress under 
that Section.
    (h) Those under Section 34 of the Act to the Secretary of 
State. To the extent the standards and criteria for credit and 
guaranty transactions are based upon national security and 
financial policies, the Secretary of State shall obtain the 
prior concurrence of the Secretary of Defense and the Secretary 
of the Treasury, respectively.
    (i) Those under Section 35(a) of the Act to the Secretary 
of State.
    (j) Those under Sections 36(a) and 36(b)(1) of the Act, 
except with respect to the certification of an emergency as 
provided by subsection (b)(1), to the Secretary of Defense. The 
Secretary of Defense, in the implementation of the functions 
delegated to him under Sections 36 (a) and (b)(1) shall consult 
with the Secretary of State, who shall, with respect to matters 
related to subparagraphs (D) and (I) of Section 36(b)(1), 
consult with the Director of the Arms Control and Disarmament 
Agency. With respect to those functions under Sections 36(a) 
(5) and (6), the Secretary of Defense shall consult with the 
Director of the Office of Management and Budget.
    (k) Those under Sections 36 (c) and (d) of the Act to the 
Secretary of State. Those under Section 36(e) of the Act, as 
added by Public Law 104-164 with respect to transmittals 
pursuant to Section 36(b) to the Secretary of Defense, and with 
respect to transmittals pursuant to Section 36(c), to the 
Secretary of State.\9\
---------------------------------------------------------------------------
    \9\ Sec. 1(a) of Executive Order 13091 (63 F.R. 36153) added this 
sentence.
---------------------------------------------------------------------------
    (l) Those under Section 38 of the Act:
          (1) to the Secretary of State, except as otherwise 
        provided in this subsection. Designations, including 
        changes in designations, by the Secretary of State of 
        items or categories of items which shall be considered 
        as defense articles and defense services subject to 
        export control under Section 38 shall have the 
        concurrence of the Secretary of Defense. The authority 
        to undertake activities to ensure compliance with 
        established export conditions may be redelegated to the 
        Secretary of Defense, or to the head of another 
        department or agency as appropriate, which shall 
        exercise such functions in consultation with the 
        Secretary of State; \10\
---------------------------------------------------------------------------
    \10\ Sec. 7 of Executive Order 12680, July 5, 1989 (54 F.R. 28996) 
added the second sentence.
---------------------------------------------------------------------------
          (2) to the Attorney General,\11\ to the extent they 
        relate to the control of the import of defense articles 
        and defense services. In carrying out such functions, 
        the Attorney General \11\ shall be guided by the views 
        of the Secretary of State on matters affecting world 
        peace, and the external security and foreign policy of 
        the United States. Designations including changes in 
        designations, by the Attorney General \11\ of items or 
        categories of items which shall be considered as 
        defense articles and defense services subject to import 
        control under Section 38 of the Act shall have the 
        concurrence of the Secretary of State and the Secretary 
        of Defense;
---------------------------------------------------------------------------
    \11\ Sec. 13(a) of Executive Order 13284, January 23, 2003 (68 F.R. 
4076), struck out ``Secretary of the Treasury'' and inserted in lieu 
thereof ``Attorney General''.
---------------------------------------------------------------------------
          (3) to the Secretary of Commerce, to carry out on 
        behalf of the Secretary of State, to the extent such 
        functions involve Section 38(e) of the Act and are 
        agreed to by the Secretary of State and the Secretary 
        of Commerce.
    (m) Those under Section 39(b) of the Act to the Secretary 
of State. In carrying out such functions, the Secretary of 
State shall consult with the Secretary of Defense as may be 
necessary to avoid interference in the application of 
Department of Defense regulations to sales made under Section 
22 of the Act.
    (n) \12\ Those under Section 40A of the Act, as added by 
Public Law 104-164, to the Secretary of State insofar as they 
related to commercial exports licensed under the Act, and to 
the Secretary of Defense, insofar as they related to defense 
articles and defense services sold, leased, or transferred 
under the Foreign Military Sales Program.
---------------------------------------------------------------------------
    \12\ Sec. 1(b) of Executive Order 13091 (63 F.R. 36153) 
redesignated former subsecs. (n) through (s) as subsecs. (o) through 
(t), and added a new subsec. (n). Previously, sec. 2 of Executive Order 
13030, December 12, 1996 (61 F.R. 66187) added subsec. (n) and 
redesignated former subsecs. (n) through (r) as subsecs. (o) through 
(s), respectively.
---------------------------------------------------------------------------
    (o) \13\ Those under Section 40A of the Act, as added by 
the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132), to the Secretary of State.
---------------------------------------------------------------------------
    \13\ Added by sec. 2 of Executive Order 13030, December 12, 1996 
(61 F.R. 66187); see previous note.
---------------------------------------------------------------------------
    (p) Those under Sections 42 (c) and (f) of the Act to the 
Secretary of Defense. The Secretary of Defense shall obtain 
concurrence of the Secretary of State and the Secretary of the 
Treasury on any determination proposed under the authority of 
Section 42(c) of the Act.\14\
---------------------------------------------------------------------------
    \14\ This sentence was added by sec. 2(a) of Executive Order 12365, 
May 24, 1982 (47 F.R. 22933).
---------------------------------------------------------------------------
    (q) \15\ Those under Sections 52(b) and 53 of the Act to 
the Secretary of Defense.
---------------------------------------------------------------------------
    \15\ This subsec., redesignated by Executive Orders 13030 and 
13091, was originally added by sec. 1-103 of Executive Order 12210, was 
amended and restated by sec. 2(b) of Executive Order 12365, May 24, 
1982 (47 F.R. 22933). Previously, such subsec. delegated functions 
under sec. 43(c) of the Arms Export Control Act to the Secretary of 
Defense.
---------------------------------------------------------------------------
    (r) \16\ Those under Sections 61 and 62(a) of the Act to 
the Secretary of Defense.
---------------------------------------------------------------------------
    \16\ Sec. 2(c) of Executive Order 12365, May 24, 1982 (47 F.R. 
22933), added this subsec.
---------------------------------------------------------------------------
    (s) \17\ Those under Section 2(b)(6) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(b)(6)) to the Secretary of 
State.
---------------------------------------------------------------------------
    \17\ Sec. 5(2) of Executive Order 12680, July 5, 1989 (54 F.R. 
28996) added subsecs. (s) and (t), redesignated by Executive Order 
13030 and further redesignated by Executive Order 13091.
---------------------------------------------------------------------------
    (t) \17\ Those under Section 588(b) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), to the Secretary 
of Defense, except with respect to the determination of an 
emergency as provided by subsection (b)(3). The Secretary of 
Defense in implementation of the functions delegated to him 
under section 588(b) shall consult with the Secretary of State.
    Sec. 2. Coordination. (a) In addition to the specific 
provisions of Section 1 of this Order, the Secretary of State 
and the Secretary of Defense, in carrying out the functions 
delegated to them under this Order, shall consult with each 
other and with the heads of other departments and agencies, 
including the Secretary of the Treasury,\18\ the Attorney 
General,\19\ and the Chairman of the Export-Import Bank \20\ on 
matters pertaining to their responsibilities.
---------------------------------------------------------------------------
    \18\ Sec. 10(8) of Executive Order 13118 (64 F.R. 16598) struck out 
``the Director of the United States International Development 
Cooperation Agency, the Director of the Arms Control and Disarmament 
Agency,'' following ``Secretary of the Treasury''. Previously, the 
reference to the Director of IDCA was substituted in lieu of a 
reference to the Administrator of AID by sec. 1-903(h)(4) of Executive 
Order 12163, Sept. 29, 1979 (44 F.R. 56679).
    \19\ Sec. 13(b) of Executive Order 13284, January 23, 2003 (68 F.R. 
4076), inserted ``the Attorney General,''.
    \20\ Sec. 8 of Executive Order 12680, July 5, 1989 (54 F.R. 28996), 
added reference to the Chairman of the Export-Import Bank.
---------------------------------------------------------------------------
    (b) In accordance with Section 2(b) of the Act and under 
the directions of the President, the Secretary of State, taking 
into account other United States activities abroad, shall be 
responsible for the continuous supervision and general 
direction of sales and exports under the Act, including but not 
limited to, the negotiation, conclusion, and termination of 
international agreements, and determining whether there shall 
be a sale to a country and the amount thereof, and whether 
there shall be delivery or other performance under such sale or 
export, to the end that sales and exports are integrated with 
other United States activities and the foreign policy of the 
United States is best served thereby.
    Sec. 3. Allocation of Funds. Funds appropriated to the 
President for carrying out the Act shall be deemed to be 
allocated to the Secretary of Defense without any further 
action of the President.
    Sec. 4. Revocation. Executive Order No. 11501, as amended, 
is revoked; except that, to the extent consistent with this 
Order, all determinations, authorizations, regulations, 
rulings, certificates, orders, directives, contracts, 
agreements and other actions made, issued, taken or entered 
into under the provisions of Executive Order No. 11501, as 
amended, and not revoked, superseded or otherwise made 
inapplicable, shall continue in full force and effect until 
amended, modified or terminated by appropriate authority.
               e. Overseas Private Investment Corporation

Executive Order 11579, January 19, 1971, 36 F.R. 969; \1\ as amended by 
    Executive Order 12107, December 28, 1978, 44 F.R. 1055; and by 
        Executive Order 12163, September 29, 1979, 44 F.R. 56673

    By virtue of the authority vested in me by the Foreign 
Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter 
the ``Act''), and section 301 of title 3 of the United States 
Code, and as President of the United States, it is ordered as 
follows:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2191 note.
---------------------------------------------------------------------------
    Section 1. Transfer to Overseas Private Investment 
Corporation. All obligations, assets and related rights and 
responsibilities arising out of, or related to, predecessor 
programs and authorities similar to those provided for in 
section 234 (a), (b) and (d) of the Act are hereby transferred 
to the Overseas Private Investment Corporation (hereinafter the 
``Corporation'').
    Sec. 2. Delegation of functions. (a) \2\ * * * [Revoked--
1979]
---------------------------------------------------------------------------
    \2\ Subsec. (a) was revoked by sec. 1-903(a)(2) of Executive Order 
12163, September 29, 1979 (44 F.R. 56673).
---------------------------------------------------------------------------
    (b) The function of prescribing regulations relating to the 
reinstatement or restoration of officers and employees of the 
Corporation to other government positions, when their 
appointment to a position in the Corporation was made from 
another government position and their separation from the 
Corporation was not made for cause, is hereby delegated to the 
Office of Personnel Management.\3\
---------------------------------------------------------------------------
    \3\ Sec. 2-101 of Executive Order 12107 struck out ``Civil Service 
Commission'' and inserted in lieu thereof ``Office of Personnel 
Management''.
---------------------------------------------------------------------------
    Sec. 3. Allocation and transfer of funds. Funds made 
available under section 232 of the Act (repealed by section 105 
of the Foreign Assistance Act of 1969) which are obligated but 
unexpended are hereby transferred to the Corporation.
    Sec. 4. General provisions. (a) As used in this order, the 
words ``function'' or ``functions'' include any duty, 
obligation, power, authority, responsibility, right, privilege, 
discretion, or activity.
    (b) The Corporation shall be deemed to be the successor of 
the Agency for International Development and the Administrator 
thereof, with respect to all functions vested in the 
Corporation pursuant to law.
    (c) Except to the extent that they may be inconsistent with 
this order, all determinations, authorizations, regulations, 
rulings, certificates, orders, directives, contracts, 
agreements, and other actions made, issued, or entered into 
with respect to any function affected by this order and not 
revoked, superseded or otherwise made inapplicable before the 
date of this order, shall continue in full force and effect 
until amended, modified, or terminated by appropriate 
authority.
    (d) Executive Order No. 10973 of November 3, 1961, as 
amended,\4\ is hereby superseded insofar as any provision 
therein is in conflict with any provision herein.
---------------------------------------------------------------------------
    \4\ Revoked by Executive Order 12163, September 29, 1979 (44 F.R. 
56673).
---------------------------------------------------------------------------
    (e) The provisions of this order shall become effective 
upon adoption by the Board of Directors of bylaws for the 
Corporation.
f. Performance of Functions Authorized by the Foreign Assistance Act of 
                            1961, as Amended

 Executive Order 11223, May 12, 1965, 30 F.R. 6635; \1\ as amended by 
  Executive Order 12163, September 29, 1979, 44 F.R. 56673; Executive 
 Order 12178, December 10, 1979, 44 F.R. 71807; and by Executive Order 
                  13118, March 31, 1999, 64 F.R. 16595

    By virtue of the authority vested in me by section 633 of 
the Foreign Assistance Act of 1961, as amended, 75 Stat. 454 
(22 U.S.C. 2393), it is hereby determined that, to the extent 
hereinafter indicated, the performance of functions authorized 
by that Act,\2\ as amended, and any predecessor legislation, 
without regard to the laws specified in the numbered 
subdivisions of sections 1 and 2 of this order and without 
regard to consideration as specified in sections 3 and 4 of 
this order will further the purposes of the Foreign Assistance 
Act of 1961, as amended:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2393 note.
    \2\ Sec. 1-903(d) of Executive Order 12163 provided that the 
reference in this Executive Order ``to `the performance of functions 
authorized by this Act' shall be deemed to include the performance of 
functions authorized by sec. 403 of the IDC Act of 1979.'' Sec. 403 of 
the International Development Cooperation Act of 1979 specified the 
functions of the Institute for Scientific and Technological 
Cooperation.
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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).
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    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.
---------------------------------------------------------------------------
    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.
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    (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.
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    \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--
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    \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.
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    \36\ Added by sec. 932(b)(1) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 727).
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    (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.
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    \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.
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    (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.
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    \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).
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    (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\
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    \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).
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    (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.
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    \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.''.
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    (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\
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    \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
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    \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).
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          (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.
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    \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)''.
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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
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    \57\ Added by sec. 1416(a) of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2721).
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    (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--
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    \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.
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    ``(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''.
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          (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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \99\ Sec. 1222(a) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1652) added sec. 1051b.
---------------------------------------------------------------------------
    (b) Activities That May Be Recognized.--Activities that may 
be recognized under subsection (a) include superior achievement 
or performance that--
          (1) plays a crucial role in shaping the international 
        security environment in ways that protect and promote 
        United States interests;
          (2) supports or enhances United States overseas 
        presence and peacetime engagement activities, including 
        defense cooperation initiatives, security assistance 
        training and programs, and training and exercises with 
        the armed forces;
          (3) helps to deter aggression and coercion, build 
        coalitions, and promote regional stability; or
          (4) serves as a role model for appropriate conduct by 
        military forces in emerging democracies.
    (c) Limitation.--Expenditures for the purchase or 
production of mementos for award under this section may not 
exceed the minimal value in effect under section 7342(a)(5) of 
title 5.

Sec. 1060.\100\ Military service of retired members with newly 
                    democratic nations: consent of Congress

    (a)  Consent of Congress.--Subject to subsection (b), 
Congress consents to a retired member of the uniformed 
services--
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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:
---------------------------------------------------------------------------

  ``(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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
  (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.
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    \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).
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  (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--
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    \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.
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    \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:
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    \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--
---------------------------------------------------------------------------
    \130\ Sec. 1304(a)(4) of Public Law 99-145 (99 Stat. 741) struck 
out ``section 2323'' and inserted in lieu thereof ``section 2343''.
---------------------------------------------------------------------------
          (1) \131\ acquire from the Governments of North 
        Atlantic Treaty Organization countries,\132\ from North 
        Atlantic Treaty Organization \133\ subsidiary bodies, 
        and from the United Nations Organization or any 
        regional international organization \132\ logistic 
        support, supplies, and services for elements of the 
        armed forces deployed outside the United States; \134\ 
        and
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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\
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    \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).
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  (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.
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    (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.).
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    (d) \268\ In this section:
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    \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--
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    \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
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    \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.
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    \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''.
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    (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--
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    \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''.
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          (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).
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          (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--
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    \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\
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    \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.''.
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          (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--
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    \285\ Sec. 1033(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) added sec. 2576a.
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          (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.
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    \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).
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    (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.
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    (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.
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    \290\ Sec. 1105(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1750) amended and 
restated subsec. (i).
---------------------------------------------------------------------------
    (j) Items Included as Contributions.--In this section, the 
term ``contribution'' includes a devise of real property or a 
bequest of personal property.
    (k) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.
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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.
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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.
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    \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\
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    \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.
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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.--
---------------------------------------------------------------------------
    \7\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) Department of defense costs.--Not later than 
        April 30 of each year, the Secretary of Defense shall 
        submit to the congressional committees specified in 
        paragraph (2) a report on Department of Defense costs 
        during the preceding fiscal year to carry out United 
        Nations resolutions.
          (2) Specified committees.--The committees specified 
        in this paragraph are--
                  (A) the Committee on Armed Services, the 
                Committee on Foreign Relations, and the 
                Committee on Appropriations of the Senate; and
                  (B) the Committee on Armed Services, the 
                Committee on International Relations, and the 
                Committee on Appropriations of the House of 
                Representatives.
    (b) Matters to Be Included.--Each report under subsection 
(a) shall set forth the following:
          (1) All direct and indirect costs (including 
        incremental costs) incurred by the Department of 
        Defense during the preceding fiscal year in 
        implementing or supporting any resolution adopted by 
        the United Nations Security Council, including any such 
        resolution calling for--
                  (A) international sanctions;
                  (B) international peacekeeping operations;
                  (C) international peace enforcement 
                operations;
                  (D) monitoring missions;
                  (E) observer missions; or
                  (F) humanitarian missions.
          (2) An aggregate of all such Department of Defense 
        costs by operation or mission and the total cost to 
        United Nations members of each operation or mission.
          (3) All direct and indirect costs (including 
        incremental costs) incurred by the Department of 
        Defense during the preceding fiscal year in training, 
        equipping, and otherwise assisting, preparing, 
        providing resources for, and transporting foreign 
        defense or security forces for implementing or 
        supporting any resolution adopted by the United Nations 
        Security Council, including any such resolution 
        specified in paragraph (1).
          (4) All efforts made to seek credit against past 
        United Nations expenditures.
          (5) All efforts made to seek compensation from the 
        United Nations for costs incurred by the Department of 
        Defense in implementing and supporting United Nations 
        activities.
    (c) Coordination.--The report under subsection (a) each 
year shall be prepared in coordination with the Secretary of 
State.
    (d) Form of Report.--Each report required by this section 
shall be submitted in unclassified form, but may include a 
classified annex.

SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE LABELLE 
                    DISCOTHEQUE.

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the Government of Libya should be commended for 
        the steps the Government has taken to renounce 
        terrorism and to eliminate Libya's weapons of mass 
        destruction and related programs; and
          (2) an important priority for improving relations 
        between the United States and Libya should be a good 
        faith effort on the part of the Government of Libya to 
        resolve the claims of members of the Armed Forces of 
        the United States and other United States citizens who 
        were injured in the bombing of the LaBelle Discotheque 
        in Berlin, Germany that occurred in April 1986, and of 
        family members of members of the Armed Forces of the 
        United States who were killed in that bombing.
    (b) Reports.--
          (1) Initial report.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary of State 
        shall submit to the appropriate congressional 
        committees a report on the status of negotiations 
        between the Government of Libya and United States 
        claimants in connection with the bombing of the LaBelle 
        Discotheque in Berlin, Germany that occurred in April 
        1986, regarding resolution of their claims. The report 
        shall also include information on efforts by the 
        Government of the United States to urge the Government 
        of Libya to make a good faith effort to resolve such 
        claims.
          (2) Update.--Not later than one year after enactment 
        of this Act, the Secretary of State shall submit to the 
        appropriate congressional committees an update of the 
        report required by paragraph (1).
    (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the Committee on Armed Services and the Committee on 
Foreign Relations of the Senate and the Committee on Armed 
Services and the Committee on International Relations of the 
House of Representatives.

SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH RUSSIA ON 
                    ISSUES PERTAINING TO MISSILE DEFENSE.

    It is the sense of Congress that--
          (1) cooperation between the United States and Russia 
        with regard to missile defense is in the interest of 
        the United States;
          (2) there does not exist strong enough engagement 
        between the United States and Russia with respect to 
        missile defense cooperation;
          (3) the United States should explore innovative and 
        nontraditional means of cooperation with Russia on 
        issues pertaining to missile defense; and
          (4) as part of such an effort, the Secretary of 
        Defense should consider the possibilities for United 
        States-Russian cooperation with respect to missile 
        defense through--
                  (A) the testing of specific elements of the 
                detection and tracking equipment of the Missile 
                Defense Agency of the United States Department 
                of Defense through the use of Russian target 
                missiles;
                  (B) the provision of early warning radar to 
                the Missile Defense Agency by the use of 
                Russian radar data; and
                  (C) the implementation of the Joint Data 
                Exchange Center in Moscow to improve early 
                warning capabilities.

SEC. 1227.\8\ UNITED STATES POLICY ON IRAQ.

    (a) Short Title.--This section may be cited as the ``United 
States Policy in Iraq Act''.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 1541 note.
---------------------------------------------------------------------------
    (b) Sense of Congress.--It is the sense of the Congress 
that, in order to succeed in Iraq--
          (1) members of the United States Armed Forces who are 
        serving or have served in Iraq and their families 
        deserve the utmost respect and the heartfelt gratitude 
        of the American people for their unwavering devotion to 
        duty, service to the Nation, and selfless sacrifice 
        under the most difficult circumstances; the United 
        States Congress supports our troops and supports a 
        successful conclusion to their mission;
          (2) it is important to recognize that the Iraqi 
        people have made enormous sacrifices and that the 
        overwhelming majority of Iraqis want to live in peace 
        and security; and that the Iraqi security forces in a 
        growing number of incidences are fighting side-by-side 
        with coalition forces, are increasing in numbers and 
        improving in military capability;
          (3) the terrorists seeking to prevent the emergence 
        of a secure, stable, peaceful, and democratic Iraq are 
        led by individuals seeking to restore dictatorship in 
        Iraq or who want to advance al Qaeda's broad vision of 
        violently extreme Islam in the Middle East;
          (4) calendar year 2006 should be a period of 
        significant transition to full Iraqi sovereignty, with 
        Iraqi security forces taking the lead for the security 
        of a free and sovereign Iraq, thereby creating the 
        conditions for the phased redeployment of United States 
        forces from Iraq;
          (5) United States military forces should not stay in 
        Iraq any longer than required and the professional 
        military judgment of our senior military should be a 
        key factor in future decisions;
          (6) the Administration should tell the leaders of all 
        groups and political parties in Iraq that they need to 
        make the compromises necessary to achieve the broad-
        based and sustainable political settlement that is 
        essential for defeating the insurgency in Iraq, within 
        the schedule they set for themselves; and
          (7) the President has committed to continue to 
        explain to Congress and the American people progress 
        toward a successful completion of the mission in Iraq.
    (c) Reports to Congress on United States Policy and 
Military Operations in Iraq.--Not later than 90 days after the 
date of the enactment of this Act, and every three months 
thereafter until all United States combat brigades have 
redeployed from Iraq, the President shall submit to Congress a 
report on United States policy and military operations in Iraq. 
To the maximum extent practicable, the report required in (c) 
shall be unclassified, with a classified annex if necessary. 
Each report shall include to the extent practical, the 
following information:
          (1) The current military mission and the diplomatic, 
        political, economic, and military measures that are 
        being or have been undertaken to successfully complete 
        or support that mission, including:
                  (A) Efforts to convince Iraq's main 
                communities to make the compromises necessary 
                for a broad-based and sustainable political 
                settlement.
                  (B) Engaging the international community and 
                the region in efforts to stabilize Iraq and to 
                forge a broad-based and sustainable political 
                settlement.
                  (C) Strengthening the capacity of Iraq's 
                government ministries.
                  (D) Accelerating the delivery of basic 
                services.
                  (E) Securing the delivery of pledged economic 
                assistance from the international community and 
                additional pledges of assistance.
                  (F) Training Iraqi security forces and 
                transferring additional security 
                responsibilities to those forces and the 
                government of Iraq.
          (2) Whether the Iraqis have made the compromises 
        necessary to achieve the broad-based and sustainable 
        political settlement that is essential for defeating 
        the insurgency in Iraq.
          (3) Any specific conditions included in the April 
        2005 Multi-National Forces-Iraq campaign action plan 
        (referred to in United States Government Accountability 
        Office October 2005 report on Rebuilding Iraq: DOD 
        Reports Should Link Economic, Governance, and Security 
        Indicators to Conditions for Stabilizing Iraq), and any 
        subsequent updates to that campaign plan, that must be 
        met in order to provide for the transition of 
        additional security responsibility to Iraqi security 
        forces.
          (4) To the extent that these conditions are not 
        covered under paragraph (3), the following should also 
        be addressed:
                  (A) The number of battalions of the Iraqi 
                Armed Forces that must be able to operate 
                independently or to take the lead in 
                counterinsurgency operations and the defense of 
                Iraq's territory.
                  (B) The number of Iraqi special police units 
                that must be able to operate independently or 
                to take the lead in maintaining law and order 
                and fighting the insurgency.
                  (C) The number of regular police that must be 
                trained and equipped to maintain law and order.
                  (D) The ability of Iraq's Federal ministries 
                and provincial and local governments to 
                independently sustain, direct, and coordinate 
                Iraq's security forces.
          (5) The criteria to be used to evaluate progress 
        toward meeting such conditions.
          (6) A plan for meeting such conditions, an assessment 
        of the extent to which such conditions have been met, 
        information regarding variables that could alter that 
        plan, and the reasons for any subsequent changes to 
        that plan.

                       Subtitle D--Other Matters

SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION PURPOSES 
                    IN COUNTRIES IN WHICH COMBAT OPERATIONS ARE 
                    ONGOING.

    (a) Force Protection Purchases.--Chapter 3 of title 10, 
United States Code, is amended by inserting after section 127b 
the following new section:

``Sec. 127c. Purchase of weapons overseas: force protection * * *

    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 127b the following new item: * * *

SEC. 1232.\9\ RIOT CONTROL AGENTS.

    (a) Restatement of Policy.--It is the policy of the United 
States that riot control agents are not chemical weapons and 
that the President may authorize their use as legitimate, 
legal, and non-lethal alternatives to the use of force that, as 
provided in Executive Order No. 11850 (40 Fed. Reg. 16187) and 
consistent with the resolution of ratification of the Chemical 
Weapons Convention, may be employed by members of the Armed 
Forces in war in defensive military modes to save lives, 
including the illustrative purposes cited in Executive Order 
No. 11850.
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 1512 note. For text of Executive Order 11850, see 
Legislation on Foreign Relations Through 2005, vol. II-B.
---------------------------------------------------------------------------
    (b) Report Required.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall 
        submit to Congress a report on the use of riot control 
        agents by members of the Armed Forces.
          (2) Content.--The report required by paragraph (1) 
        shall include--
                  (A) a description of all regulations, 
                doctrines, training materials, and any other 
                information related to the use of riot control 
                agents by members of the Armed Forces;
                  (B) a description of how the material 
                described in subparagraph (A) is consistent 
                with United States policy on the use of riot 
                control agents;
                  (C) a description of the availability of riot 
                control agents, and the means to use them, to 
                members of the Armed Forces, including members 
                of the Armed Forces deployed in Iraq and 
                Afghanistan;
                  (D) a description of the frequency and 
                circumstances of the use of riot control agents 
                by members of the Armed Forces since January 1, 
                1992, and a summary of views held by commanders 
                of United States combatant commands as to the 
                utility of the use of riot control agents by 
                members of the Armed Forces when compared with 
                alternatives;
                  (E) a general description of steps taken or 
                planned to be taken by the Department of 
                Defense to clarify the circumstances under 
                which riot control agents may be used by 
                members of the Armed Forces; and
                  (F) a brief explanation of the continuing 
                validity of Executive Order No. 11850 under 
                United States law.
          (3) Form.--The report required by paragraph (1) shall 
        be submitted in unclassified form, but may include a 
        classified annex.
    (c) Definitions.--In this section:
          (1) Chemical weapons convention.--The term ``Chemical 
        Weapons Convention'' means the Convention on the 
        Prohibitions of Development, Production, Stockpiling 
        and Use of Chemical Weapons and on Their Destruction, 
        with annexes, done at Paris, January 13, 1993, and 
        entered into force April 29, 1997 (T. Doc. 103-21).
          (2) Resolution of ratification of the chemical 
        weapons convention.--The term ``resolution of 
        ratification of the Chemical Weapons Convention'' means 
        S. Res. 75, 105th Congress, agreed to April 24, 1997, 
        advising and consenting to the ratification of the 
        Chemical Weapons Convention.

SEC. 1233.\10\ REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA 
                    APPLICABLE TO GLOBAL POSTURE REVIEW.

    (a) Criteria.--As part of the Integrated Global Presence 
and Basing Strategy (IGPBS) developed by the Department of 
Defense that is referred to as the ``Global Posture Review'', 
the Secretary of Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff, shall develop criteria for 
assessing, with respect to each type of facility specified in 
subsection (c) that is to be located in a foreign country, the 
following factors:
---------------------------------------------------------------------------
    \10\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) The effect of any new basing arrangements on the 
        strategic mobility requirements of the Department of 
        Defense.
          (2) The ability of units deployed to overseas 
        locations in areas in which United States Armed Forces 
        have not traditionally been deployed to meet mobility 
        response times required by operational planners.
          (3) The cost of deploying units to areas referred to 
        in paragraph (2) on a rotational basis (rather than on 
        a permanent basing basis).
          (4) The strategic benefit of rotational deployments 
        through countries with which the United States is 
        developing a close or new security relationship.
          (5) Whether the relative speed and complexity of 
        conducting negotiations with a particular country is a 
        discriminator in the decision to deploy forces within 
        the country.
          (6) The appropriate and available funding mechanisms 
        for the establishment, operation, and sustainment of 
        specific Main Operating Bases, Forward Operating Bases, 
        or Cooperative Security Locations.
          (7) The effect on military quality of life of the 
        unaccompanied deployment of units to new facilities in 
        overseas locations.
          (8) Other criteria as Secretary of Defense determines 
        appropriate.
    (b) Analysis of Alternatives to Basing or Operating 
Locations.--The Secretary of Defense, in consultation with the 
Chairman of the Joint Chiefs of Staff, shall develop a 
mechanism for analyzing alternatives to any particular overseas 
basing or operating location. Such a mechanism shall 
incorporate the factors specified in each of paragraphs (1) 
through (5) of subsection (a).
    (c) Minimal Infrastructure Requirements for Overseas 
Installations.--The Secretary of Defense shall develop a 
description of minimal infrastructure requirements for each of 
the following types of facilities:
          (1) Facilities categorized as Main Operating Bases.
          (2) Facilities categorized as Forward Operating 
        Bases.
          (3) Facilities categorized as Cooperative Security 
        Locations.
    (d) Notification Required.--Not later than 30 days after an 
agreement is entered into between the United States and a 
foreign country to support the deployment of elements of the 
United States Armed Forces in that country, the Secretary of 
Defense shall submit to the congressional defense committees a 
written notification of such agreement. The notification under 
this subsection shall include the terms of the agreement, any 
costs to the United States resulting from the agreement, and a 
timeline to carry out the terms of the agreement.
    (e) Annual Budget Element.--The Secretary of Defense shall 
submit to Congress, as an element of the annual budget request 
of the Secretary, information regarding the funding sources for 
the establishment, operation, and sustainment of individual 
Main Operating Bases, Forward Operating Bases, or Cooperative 
Security Locations.
    (f) Report.--Not later than March 30, 2006, the Secretary 
of Defense shall submit to Congress a report on the matters 
specified in subsections (a) through (c).

SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW COMMISSION.

    (a) Findings.--Congress finds the following:
          (1) The 2004 Report to Congress of the United States-
        China Economic and Security Review Commission states 
        that--
                  (A) China's State-Owned Enterprises (SOEs) 
                lack adequate disclosure standards, which 
                creates the potential for United States 
                investors to unwittingly contribute to 
                enterprises that are involved in activities 
                harmful to United States security interests;
                  (B) United States influence and vital long-
                term interests in Asia are being challenged by 
                China's robust regional economic engagement and 
                diplomacy;
                  (C) the assistance of China and North Korea 
                to global ballistic missile proliferation is 
                extensive and ongoing;
                  (D) China's transfers of technology and 
                components for weapons of mass destruction 
                (WMD) and their delivery systems to countries 
                of concern, including countries that support 
                acts of international terrorism, have helped 
                create a new tier of countries with the 
                capability to produce WMD and ballistic 
                missiles;
                  (E) the removal of the European Union arms 
                embargo against China that is currently under 
                consideration in the European Union would 
                accelerate weapons modernization and 
                dramatically enhance Chinese military 
                capabilities;
                  (F) China is developing a leading-edge 
                military with the objective of intimidating 
                Taiwan and deterring United States involvement 
                in the Taiwan Strait, and China's qualitative 
                and quantitative military advancements have 
                already resulted in a dramatic shift in the 
                cross-Strait military balance toward China; and
                  (G) China's growing energy needs are driving 
                China into bilateral arrangements that 
                undermine multilateral efforts to stabilize oil 
                supplies and prices, and in some cases may 
                involve dangerous weapons transfers.
          (2) On March 14, 2005, the National People's Congress 
        approved a law that would authorize the use of force if 
        Taiwan formally declares independence.
    (b) Sense of Congress for Comprehensive Strategy.--It is 
the sense of Congress that the President should present to 
Congress quickly a comprehensive strategy to--
          (1) address the emergence of China economically, 
        diplomatically, and militarily;
          (2) promote mutually beneficial trade relations with 
        China; and
          (3) encourage China's adherence to international 
        norms in the areas of trade, international security, 
        and human rights.
    (c) Contents of Strategy.--The strategy referred to in 
subsection (b) should address the following:
          (1) Actions to address China's policy of undervaluing 
        its currency, including--
                  (A) encouraging China to continue to upwardly 
                revalue the Chinese yuan against the United 
                States dollar;
                  (B) allowing the yuan to float against a 
                trade-weighted basket of currencies; and
                  (C) concurrently encouraging United States 
                trading partners with similar interests to join 
                in these efforts.
          (2) Actions to make better use of the World Trade 
        Organization (WTO) dispute settlement mechanism and 
        applicable United States trade laws to redress China's 
        trade practices, including--
                  (A) exchange rate manipulation;
                  (B) denial of trading and distribution 
                rights;
                  (C) insufficient intellectual property rights 
                protection;
                  (D) objectionable labor standards;
                  (E) subsidization of exports; and
                  (F) forced technology transfers as a 
                condition of doing business.
          (3) The United States Trade Representative should 
        consult with United States trading partners regarding 
        any trade dispute with China.
          (4) Actions to encourage United States diplomatic 
        efforts to identify and pursue initiatives to 
        revitalize United States engagement in East Asia. The 
        initiatives should have a regional focus and complement 
        bilateral efforts. The Asia-Pacific Economic 
        Cooperation forum (APEC) offers a ready mechanism for 
        pursuit of such initiatives.
          (5) Actions by the administration to work with China 
        to prevent proliferation of prohibited technologies and 
        to secure China's agreement to renew efforts to curtail 
        commercial export by North Korea of ballistic missiles.
          (6) Actions by the Secretary of State and the 
        Secretary of Energy to consult with the International 
        Atomic Energy Agency with the objective of upgrading 
        the current loose experience-sharing arrangement 
        whereby China engages in some limited exchanges with 
        the organization to a more structured arrangement.
          (7) Actions by the administration to develop a 
        coordinated, comprehensive national policy and strategy 
        designed to maintain United States scientific and 
        technological leadership and competitiveness, in light 
        of the rise of China and the challenges of 
        globalization.
          (8) Actions to review laws and regulations governing 
        the Committee on Foreign Investment in the United 
        States (CFIUS), including exploring whether the 
        definition of national security should include the 
        potential impact on national economic security as a 
        criterion to be reviewed, and whether the chairmanship 
        of CFIUS should be transferred from the Secretary of 
        the Treasury to a more appropriate executive branch 
        agency.
          (9) Actions by the President and the Secretary of 
        State and Secretary of Defense to press strongly their 
        counterparts in the European Union and its member 
        states to maintain and strengthen the embargo on 
        selling arms to China.
          (10) Actions by the administration to discourage 
        foreign defense contractors from selling sensitive 
        military-use technology or weapons systems to China.
---------------------------------------------------------------------------
    \11\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II-B.
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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''.
---------------------------------------------------------------------------
    \12\ 42 U.S.C. 2000dd note.
---------------------------------------------------------------------------

SEC. 1402.\13\ UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER 
                    THE DETENTION OF THE DEPARTMENT OF DEFENSE.

    (a) In General.--No person in the custody or under the 
effective control of the Department of Defense or under 
detention in a Department of Defense facility shall be subject 
to any treatment or technique of interrogation not authorized 
by and listed in the United States Army Field Manual on 
Intelligence Interrogation.
---------------------------------------------------------------------------
    \13\ 10 U.S.C. 801 note.
---------------------------------------------------------------------------
    (b) Applicability.--Subsection (a) shall not apply with 
respect to any person in the custody or under the effective 
control of the Department of Defense pursuant to a criminal law 
or immigration law of the United States.
    (c) Construction.--Nothing in this section shall be 
construed to affect the rights under the United States 
Constitution of any person in the custody or under the physical 
jurisdiction of the United States.

SEC. 1403.\14\ PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR 
                    PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF 
                    THE UNITED STATES GOVERNMENT.

    (a) In General.--No individual in the custody or under the 
physical control of the United States Government, regardless of 
nationality or physical location, shall be subject to cruel, 
inhuman, or degrading treatment or punishment.
---------------------------------------------------------------------------
    \14\ 42 U.S.C. 2000dd.
---------------------------------------------------------------------------
    (b) Construction.--Nothing in this section shall be 
construed to impose any geographical limitation on the 
applicability of the prohibition against cruel, inhuman, or 
degrading treatment or punishment under this section.
    (c) Limitation on Supersedure.--The provisions of this 
section shall not be superseded, except by a provision of law 
enacted after the date of the enactment of this Act which 
specifically repeals, modifies, or supersedes the provisions of 
this section.
    (d) Cruel, Inhuman, or Degrading Treatment or Punishment 
Defined.--In this section, the term ``cruel, inhuman, or 
degrading treatment or punishment'' means the cruel, unusual, 
and inhumane treatment or punishment prohibited by the Fifth, 
Eighth, and Fourteenth Amendments to the Constitution of the 
United States, as defined in the United States Reservations, 
Declarations and Understandings to the United Nations 
Convention Against Torture and Other Forms of Cruel, Inhuman or 
Degrading Treatment or Punishment done at New York, December 
10, 1984.

SEC. 1404.\15\ PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED 
                    IN AUTHORIZED INTERROGATIONS.

    (a) Protection of United States Government Personnel.--In 
any civil action or criminal prosecution against an officer, 
employee, member of the Armed Forces, or other agent of the 
United States Government who is a United States person, arising 
out of the officer, employee, member of the Armed Forces, or 
other agent's engaging in specific operational practices, that 
involve detention and interrogation of aliens who the President 
or his designees have determined are believed to be engaged in 
or associated with international terrorist activity that poses 
a serious, continuing threat to the United States, its 
interests, or its allies, and that were officially authorized 
and determined to be lawful at the time that they were 
conducted, it shall be a defense that such officer, employee, 
member of the Armed Forces, or other agent did not know that 
the practices were unlawful and a person of ordinary sense and 
understanding would not know the practices were unlawful. Good 
faith reliance on advice of counsel should be an important 
factor, among others, to consider in assessing whether a person 
of ordinary sense and understanding would have known the 
practices to be unlawful. Nothing in this section shall be 
construed to limit or extinguish any defense or protection 
otherwise available to any person or entity from suit, civil or 
criminal liability, or damages, or to provide immunity from 
prosecution for any criminal offense by the proper authorities.
---------------------------------------------------------------------------
    \15\ 42 U.S.C. 2000dd-1.
---------------------------------------------------------------------------
    (b) Counsel.--The United States Government may provide or 
employ counsel, and pay counsel fees, court costs, bail, and 
other expenses incident to the representation of an officer, 
employee, member of the Armed Forces, or other agent described 
in subsection (a), with respect to any civil action or criminal 
prosecution arising out of practices described in that 
subsection, under the same conditions, and to the same extent, 
to which such services and payments are authorized under 
section 1037 of title 10, United States Code.

SEC. 1405.\16\ PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE 
                    UNITED STATES.

    (a) Submittal of Procedures for Status Review of Detainees 
at Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
---------------------------------------------------------------------------
    \16\ 10 U.S.C. 801 note.
---------------------------------------------------------------------------
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of 
        Defense shall submit to the Committee on Armed Services 
        and the Committee on the Judiciary of the Senate and 
        the Committee on Armed Services and the Committee on 
        the Judiciary of the House of Representatives a report 
        setting forth--
                  (A) the procedures of the Combatant Status 
                Review Tribunals and the Administrative Review 
                Boards established by direction of the 
                Secretary of Defense that are in operation at 
                Guantanamo Bay, Cuba, for determining the 
                status of the detainees held at Guantanamo Bay 
                or to provide an annual review to determine the 
                need to continue to detain an alien who is a 
                detainee; and
                  (B) the procedures in operation in 
                Afghanistan and Iraq for a determination of the 
                status of aliens detained in the custody or 
                under the physical control of the Department of 
                Defense in those countries.
          (2) Designated civilian official.--The procedures 
        submitted to Congress pursuant to paragraph (1)(A) 
        shall ensure that the official of the Department of 
        Defense who is designated by the President or Secretary 
        of Defense to be the final review authority within the 
        Department of Defense with respect to decisions of any 
        such tribunal or board (referred to as the ``Designated 
        Civilian Official'') shall be a civilian officer of the 
        Department of Defense holding an office to which 
        appointments are required by law to be made by the 
        President, by and with the advice and consent of the 
        Senate.
          (3) Consideration of new evidence.--The procedures 
        submitted under paragraph (1)(A) shall provide for 
        periodic review of any new evidence that may become 
        available relating to the enemy combatant status of a 
        detainee.
    (b) Consideration of Statements Derived With Coercion.--
          (1) Assessment.--The procedures submitted to Congress 
        pursuant to subsection (a)(1)(A) shall ensure that a 
        Combatant Status Review Tribunal or Administrative 
        Review Board, or any similar or successor 
        administrative tribunal or board, in making a 
        determination of status or disposition of any detainee 
        under such procedures, shall, to the extent 
        practicable, assess--
                  (A) whether any statement derived from or 
                relating to such detainee was obtained as a 
                result of coercion; and
                  (B) the probative value, if any, of any such 
                statement.
          (2) Applicability.--Paragraph (1) applies with 
        respect to any proceeding beginning on or after the 
        date of the enactment of this Act.
    (c) Report on Modification of Procedures.--The Secretary of 
Defense shall submit to the committees specified in subsection 
(a)(1) a report on any modification of the procedures submitted 
under subsection (a). Any such report shall be submitted not 
later than 60 days before the date on which such modification 
goes into effect.
    (d) Annual Report.--
          (1) Report required.--The Secretary of Defense shall 
        submit to Congress an annual report on the annual 
        review process for aliens in the custody of the 
        Department of Defense outside the United States. Each 
        such report shall be submitted in unclassified form, 
        with a classified annex, if necessary. The report shall 
        be submitted not later than December 31 each year.
          (2) Elements of report.--Each such report shall 
        include the following with respect to the year covered 
        by the report:
                  (A) The number of detainees whose status was 
                reviewed.
                  (B) The procedures used at each location.
    (e) Judicial Review of Detention of Enemy Combatants.--
          (1) In general.--Section 2241 of title 28, United 
        States Code, is amended by adding at the end the 
        following:
    ``(e) Except as provided in section 1405 of the Detainee 
Treatment Act of 2005, no court, justice, or judge shall have 
jurisdiction to hear or consider--
          ``(1) an application for a writ of habeas corpus 
        filed by or on behalf of an alien detained by the 
        Department of Defense at Guantanamo Bay, Cuba; or
          ``(2) any other action against the United States or 
        its agents relating to any aspect of the detention by 
        the Department of Defense of an alien at Guantanamo 
        Bay, Cuba, who--
                  ``(A) is currently in military custody; or
                  ``(B) has been determined by the United 
                States Court of Appeals for the District of 
                Columbia Circuit in accordance with the 
                procedures set forth in section 1405(e) of the 
                Detainee Treatment Act of 2005 to have been 
                properly detained as an enemy combatant.''.
          (2) Review of decisions of combatant status review 
        tribunals of propriety of detention.--
                  (A) In general.--Subject to subparagraphs 
                (B), (C), and (D), the United States Court of 
                Appeals for the District of Columbia Circuit 
                shall have exclusive jurisdiction to determine 
                the validity of any final decision of a 
                Combatant Status Review Tribunal that an alien 
                is properly detained as an enemy combatant.
                  (B) Limitation on claims.--The jurisdiction 
                of the United States Court of Appeals for the 
                District of Columbia Circuit under this 
                paragraph shall be limited to claims brought by 
                or on behalf of an alien--
                          (i) who is, at the time a request for 
                        review by such court is filed, detained 
                        by the Department of Defense at 
                        Guantanamo Bay, Cuba; and
                          (ii) for whom a Combatant Status 
                        Review Tribunal has been conducted, 
                        pursuant to applicable procedures 
                        specified by the Secretary of Defense.
                  (C) Scope of review.--The jurisdiction of the 
                United States Court of Appeals for the District 
                of Columbia Circuit on any claims with respect 
                to an alien under this paragraph shall be 
                limited to the consideration of--
                          (i) whether the status determination 
                        of the Combatant Status Review Tribunal 
                        with regard to such alien was 
                        consistent with the standards and 
                        procedures specified by the Secretary 
                        of Defense for Combatant Status Review 
                        Tribunals (including the requirement 
                        that the conclusion of the Tribunal be 
                        supported by a preponderance of the 
                        evidence and allowing a rebuttable 
                        presumption in favor the Government's 
                        evidence); and
                          (ii) to the extent the Constitution 
                        and laws of the United States are 
                        applicable, whether the use of such 
                        standards and procedures to make the 
                        determination is consistent with the 
                        Constitution and laws of the United 
                        States.
                  (D) Termination on release from custody.--The 
                jurisdiction of the United States Court of 
                Appeals for the District of Columbia Circuit 
                with respect to the claims of an alien under 
                this paragraph shall cease upon the release of 
                such alien from the custody of the Department 
                of Defense.
          (3) Review of final decisions of military 
        commissions.--
                  (A) In general.--Subject to subparagraphs 
                (B), (C), and (D), the United States Court of 
                Appeals for the District of Columbia Circuit 
                shall have exclusive jurisdiction to determine 
                the validity of any final decision rendered 
                pursuant to Military Commission Order No. 1, 
                dated August 31, 2005 (or any successor 
                military order).
                  (B) Grant of review.--Review under this 
                paragraph--
                          (i) with respect to a capital case or 
                        a case in which the alien was sentenced 
                        to a term of imprisonment of 10 years 
                        or more, shall be as of right; or
                          (ii) with respect to any other case, 
                        shall be at the discretion of the 
                        United States Court of Appeals for the 
                        District of Columbia Circuit.
                  (C) Limitation on appeals.--The jurisdiction 
                of the United States Court of Appeals for the 
                District of Columbia Circuit under this 
                paragraph shall be limited to an appeal brought 
                by or on behalf of an alien--
                          (i) who was, at the time of the 
                        proceedings pursuant to the military 
                        order referred to in subparagraph (A), 
                        detained by the Department of Defense 
                        at Guantanamo Bay, Cuba; and
                          (ii) for whom a final decision has 
                        been rendered pursuant to such military 
                        order.
                  (D) Scope of review.--The jurisdiction of the 
                United States Court of Appeals for the District 
                of Columbia Circuit on an appeal of a final 
                decision with respect to an alien under this 
                paragraph shall be limited to the consideration 
                of--
                          (i) whether the final decision was 
                        consistent with the standards and 
                        procedures specified in the military 
                        order referred to in subparagraph (A); 
                        and
                          (ii) to the extent the Constitution 
                        and laws of the United States are 
                        applicable, whether the use of such 
                        standards and procedures to reach the 
                        final decision is consistent with the 
                        Constitution and laws of the United 
                        States.
          (4) Respondent.--The Secretary of Defense shall be 
        the named respondent in any appeal to the United States 
        Court of Appeals for the District of Columbia Circuit 
        under this subsection.
    (f) Construction.--Nothing in this section shall be 
construed to confer any constitutional right on an alien 
detained as an enemy combatant outside the United States.
    (g) United States Defined.--For purposes of this section, 
the term ``United States'', when used in a geographic sense, is 
as defined in section 101(a)(38) of the Immigration and 
Nationality Act and, in particular, does not include the United 
States Naval Station, Guantanamo Bay, Cuba.
    (h) Effective Date.--
          (1) In general.--This section shall take effect on 
        the date of the enactment of this Act.
          (2) Review of combatant status tribunal and military 
        commission decisions.--Paragraphs (2) and (3) of 
        subsection (e) shall apply with respect to any claim 
        whose review is governed by one of such paragraphs and 
        that is pending on or after the date of the enactment 
        of this Act.

SEC. 1406.\17\ TRAINING OF IRAQI SECURITY FORCES REGARDING TREATMENT OF 
                    DETAINEES.

    (a) Required Policies.--
---------------------------------------------------------------------------
    \17\ 10 U.S.C. 801 note.
---------------------------------------------------------------------------
          (1) In general.--The Secretary of Defense shall 
        prescribe policies designed to ensure that all military 
        and civilian Department of Defense personnel or 
        contractor personnel of the Department of Defense 
        responsible for the training of any unit of the Iraqi 
        Security Forces provide training to such units 
        regarding the international obligations and laws 
        applicable to the humane treatment of detainees, 
        including protections afforded under the Geneva 
        Conventions and the Convention Against Torture.
          (2) Acknowledgment of training.--The Secretary shall 
        ensure that, for all personnel of the Iraqi Security 
        Forces who are provided training referred to in 
        paragraph (1), there is documented acknowledgment that 
        such training has been provided.
          (3) Deadline for policies to be prescribed.--The 
        policies required by paragraph (1) shall be prescribed 
        not later than 180 days after the date of the enactment 
        of this Act.
    (b) Army Field Manual.--
          (1) Translation.--The Secretary of Defense shall 
        provide for the unclassified portions of the United 
        States Army Field Manual on Intelligence Interrogation 
        to be translated into Arabic and any other language the 
        Secretary determines appropriate for use by members of 
        the Iraqi security forces.
          (2) Distribution.--The Secretary of Defense shall 
        provide for such manual, as translated, to be 
        distributed to all appropriate officials of the Iraqi 
        Government, including, but not limited to, the Iraqi 
        Minister of Defense, the Iraqi Minister of Interior, 
        senior Iraqi military personnel, and appropriate 
        members of the Iraqi Security Forces with a 
        recommendation that the principles that underlay the 
        manual be adopted by the Iraqis as the basis for their 
        policies on interrogation of detainees.
    (c) Transmittal to Congressional Committees.--Not less than 
30 days after the date on which policies are first prescribed 
under subsection (a), the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives copies of 
such regulations, policies, or orders, together with a report 
on steps taken to the date of the report to implement this 
section.
    (d) Annual Report.--Not less than one year after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the implementation of 
this section.

  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

          * * * * * * *

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize emergency 
supplemental appropriations for the Department of Defense for 
fiscal year 2006 to provide funds for additional costs due to 
Operation Iraqi Freedom and Operation Enduring Freedom pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.
          * * * * * * *

SEC. 1511. IRAQ FREEDOM FUND.

    (a) In General.--Funds are hereby authorized to be 
appropriated for fiscal year 2006 for the Iraq Freedom Fund in 
the amount of $5,240,725,000.
    (b) Limitation on Availability of Certain Amount.--Of the 
amount authorized to be appropriated by subsection (a), 
$1,000,000,000 shall be available only for support of 
activities of the Joint Improvised Explosive Device Task Force.
    (c) Classified Programs.--Of the amount authorized to be 
appropriated by subsection (a), $2,500,000,000 shall be 
available only for classified programs.
    (d) Transfer.--
          (1) Transfer authorized.--Subject to paragraph (2), 
        amounts authorized to be appropriated by subsection (a) 
        may be transferred from the Iraq Freedom Fund to any 
        accounts as follows:
                  (A) Operation and maintenance accounts of the 
                Armed Forces.
                  (B) Military personnel accounts.
                  (C) Research, development, test, and 
                evaluation accounts of the Department of 
                Defense.
                  (D) Procurement accounts of the Department of 
                Defense.
                  (E) Accounts providing funding for classified 
                programs.
                  (F) The operating expenses account of the 
                Coast Guard.
          (2) Notice to congress.--A transfer may not be made 
        under the authority in paragraph (1) until five days 
        after the date on which the Secretary of Defense 
        notifies the congressional defense committees in 
        writing of the transfer.
          (3) Treatment of transferred funds.--Amounts 
        transferred to an account under the authority in 
        paragraph (1) shall be merged with amounts in such 
        account and shall be made available for the same 
        purposes, and subject to the same conditions and 
        limitations, as amounts in such account.
          (4) Effect on authorization amounts.--A transfer of 
        an amount to an account under the authority in 
        paragraph (1) shall be deemed to increase the amount 
        authorized for such account by an amount equal to the 
        amount transferred.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                       Subtitle B--Other Matters

          * * * * * * *

SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF 
                    RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

    (a) Findings.--Congress finds that--
          (1) there is an insufficient accounting for, and 
        insufficient security of, the nonstrategic nuclear 
        weapons of the Russian Federation; and
          (2) because of the dangers posed by that insufficient 
        accounting and security, it is in the national security 
        interest of the United States to assist the Russian 
        Federation in the conduct of a comprehensive inventory 
        of its nonstrategic nuclear weapons.
    (b) Report.--
          (1) Report required.--Not later than April 15, 2006, 
        the Secretary of Energy shall submit to Congress a 
        report containing--
                  (A) the Secretary's evaluation of past and 
                current efforts by the United States to 
                encourage or facilitate a proper accounting for 
                and securing of the nonstrategic nuclear 
                weapons of the Russian Federation; and
                  (B) the Secretary's recommendations regarding 
                the actions by the United States that are most 
                likely to lead to progress in improving the 
                accounting for, and securing of, those weapons.
          (2) Consultation with secretary of defense.--The 
        report under paragraph (1) shall be prepared in 
        consultation with the Secretary of Defense.
          (3) Classification of report.--The report under 
        paragraph (1) shall be in unclassified form, but may be 
        accompanied by a classified annex.

SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

    (a) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Energy 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report on the management by the Secretaries 
referred to in subsection (c) of border security programs in 
the countries of the former Soviet Union and other countries.
    (b) Content.--The report required under subsection (a) 
shall include--
          (1) a description of the roles and responsibilities 
        of each department and agency of the United States 
        Government in international border security programs;
          (2) a description of the interactions and 
        coordination among departments and agencies of the 
        United States Government that are conducting 
        international border security programs;
          (3) a description of the mechanisms and processes 
        that exist to ensure coordination, avoid duplication, 
        and provide a means to resolve conflicts or problems 
        that might arise in the implementation of international 
        border security programs;
          (4) a discussion of whether there is existing 
        interagency guidance that addresses the roles, 
        interactions, and dispute resolution mechanisms for 
        departments and agencies of the United States 
        Government that are conducting international border 
        security programs, and the adequacy of such guidance if 
        it exists; and
          (5) recommendations to improve the coordination and 
        effectiveness of international border security 
        programs.
    (c) Consultation.--The Secretary of Energy shall prepare 
the report required by subsection (a) in consultation with the 
Secretary of Defense, the Secretary of State, and, as 
appropriate, the Secretary of Homeland Security.
          * * * * * * *
           c. Department of Defense Appropriations Act, 2006

   Partial text of division A of Public Law 109-148, [Department of 
Defense, Emergency Supplemental Appropriations to Address Hurricanes in 
 the Gulf of Mexico, and Pandemic Influenza Act, 2006; H.R. 2863], 119 
                 Stat. 2680, approved December 30, 2005

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2006, and for other purposes.

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


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Title III, ch. 8 of the Emergency Supplemental Appropriations Act To Address Hurricanes in the
 
 
 
                                                              ``GOVERNMENT-WIDE RESCISSIONS
 
                           ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 1
                          percent of--
                             ``(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any
                            discretionary account of this Act and in any other fiscal year 2006 appropriation Act;
                             ``(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any
                            discretionary account in any prior fiscal year appropriation Act; and
                             ``(3) the contract authority provided in fiscal year 2006 for any program subject to limitation
                            contained in any fiscal year 2006 appropriation Act.
                           ``(b) Proportionate Application.--Any rescission made by subsection (a) shall be applied
                          proportionately--
                             ``(1) to each discretionary account and each item of budget authority described in such subsection;
                            and
                             ``(2) within each such account and item, to each program, project, and activity (with programs,
                            projects, and activities as delineated in the appropriation Act or accompanying reports for the
                            relevant fiscal year covering such account or item, or for accounts and items not included in
                            appropriation Acts, as delineated in the most recently submitted President's budget).
                           ``(c) Exceptions.--This section shall not apply--
                             ``(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con.
                            Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or
                             ``(2) to discretionary authority appropriated or otherwise made available to the Department of
                            Veterans Affairs.
                           ``(d) OMB Report.--Within 30 days after the date of the enactment of this section the Director of the
                          Office of Management and Budget shall submit to the Committees on Appropriations of the House of
                          Representatives and the Senate a report specifying the account and amount of each rescission made
                          pursuant to this section.''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


                               DIVISION A

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2006, for military functions administered 
by the Department of Defense and for other purposes, namely:
          * * * * * * *

                                TITLE II

                       OPERATION AND MAINTENANCE

          * * * * * * *

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of Defense 
(consisting of the programs provided under sections 401, 402, 
404, 2557, and 2561 of title 10, United States Code), 
$61,546,000, to remain available until September 30, 2007.

              Former Soviet Union Threat Reduction Account

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure 
transportation and storage of nuclear, chemical and other 
weapons; for establishing programs to prevent the proliferation 
of weapons, weapons components, and weapon-related technology 
and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization 
and protection of weapons, weapons components and weapons 
technology and expertise, and for defense and military 
contacts, $415,549,000, to remain available until September 30, 
2008: Provided, That of the amounts provided under this 
heading, $15,000,000 shall be available only to support the 
dismantling and disposal of nuclear submarines, submarine 
reactor components, and security enhancements for transport and 
storage of nuclear warheads in the Russian Far East.
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not 
authorized by the Congress.
    Sec. 8002.\1\ During the current fiscal year, provisions of 
law prohibiting the payment of compensation to, or employment 
of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense: Provided, That 
salary increases granted to direct and indirect hire foreign 
national employees of the Department of Defense funded by this 
Act shall not be at a rate in excess of the percentage increase 
authorized by law for civilian employees of the Department of 
Defense whose pay is computed under the provisions of section 
5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation 
to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense 
foreign service national employees serving at United States 
diplomatic missions whose pay is set by the Department of State 
under the Foreign Service Act of 1980: Provided further, That 
the limitations of this provision shall not apply to foreign 
national employees of the Department of Defense in the Republic 
of Turkey.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 1584 note.
---------------------------------------------------------------------------
    Sec. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year, unless expressly so provided herein.
    Sec. 8004. No more than 20 percent of the appropriations in 
this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to 
obligations for support of active duty training of reserve 
components or summer camp training of the Reserve Officers' 
Training Corps.
          * * * * * * *
    Sec. 8009.\2\ Within the funds appropriated for the 
operation and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States 
Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That 
funds available for operation and maintenance shall be 
available for providing humanitarian and similar assistance by 
using Civic Action Teams in the Trust Territories of the 
Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by 
Public Law 99-239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities 
and transportation to such facilities, on a nonreimbursable 
basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau, and Guam.
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 401 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8011. None of the funds appropriated in this or any 
other Act may be used to initiate a new installation overseas 
without 30-day advance notification to the Committees on 
Appropriations.
          * * * * * * *
    Sec. 8022. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national 
or international political or psychological activities.
          * * * * * * *
    Sec. 8024. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section: Provided, That upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
          * * * * * * *
    Sec. 8047. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of North Korea 
unless specifically appropriated for that purpose.
          * * * * * * *
    Sec. 8059. (a) Limitation on Transfer of Defense Articles 
and Services.--Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense 
articles or services (other than intelligence services) for use 
in the activities described in subsection (b) unless the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate are notified 
15 days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
          (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI 
        or chapter VII of the United Nations Charter under the 
        authority of a United Nations Security Council 
        resolution; and
          (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall 
include the following:
          (1) A description of the equipment, supplies, or 
        services to be transferred.
          (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.
          (3) In the case of a proposed transfer of equipment 
        or supplies--
                  (A) a statement of whether the inventory 
                requirements of all elements of the Armed 
                Forces (including the reserve components) for 
                the type of equipment or supplies to be 
                transferred have been met; and
                  (B) a statement of whether the items proposed 
                to be transferred will have to be replaced and, 
                if so, how the President proposes to provide 
                funds for such replacement.
          * * * * * * *
    Sec. 8067. None of the funds made available in this Act may 
be used to approve or license the sale of the F/A-22 advanced 
tactical fighter to any foreign government.
    Sec. 8068. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
          (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
          (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
    Sec. 8069. (a) Prohibition.--None of the funds made 
available by this Act may be used to support any training 
program involving a unit of the security forces of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit has 
committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to a 
decision to conduct any training program referred to in 
subsection (a), full consideration is given to all credible 
information available to the Department of State relating to 
human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation 
with the Secretary of State, may waive the prohibition in 
subsection (a) if he determines that such waiver is required by 
extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of 
any waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces and 
the foreign security forces involved in the training program, 
and the information relating to human rights violations that 
necessitates the waiver.
          * * * * * * *
    Sec. 8102. of the amounts provided in title II of this Act 
under the heading ``Operation and Maintenance, Defense-Wide'', 
$20,000,000 is available for the Regional Defense Counter-
terrorism Fellowship program, to fund the education and 
training of foreign military officers, ministry of defense 
civilians, and other foreign security officials, to include 
United States military officers and civilian officials whose 
participation directly contributes to the education and 
training of these foreign students.
          * * * * * * *
    Sec. 8104. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information 
unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intelligence 
activities: Provided, That information pertaining to United 
States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United 
States Constitution as implemented through Executive Order No. 
12333.
          * * * * * * *
    Sec. 8117. (a) Findings.--The Senate makes the following 
findings:
          (1) The Department of Defense Appropriations Act, 
        2004 (Public Law 108-87), the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287), and the 
        Emergency Supplemental Appropriations Act for Defense, 
        the Global War on Terror, and Tsunami Relief, 2005 
        (Public Law 109-13) each contain a sense of the Senate 
        provision urging the President to provide in the annual 
        budget requests of the President for a fiscal year 
        under section 1105(a) of title 31, United States Code, 
        an estimate of the cost of ongoing military operations 
        in Iraq and Afghanistan in such fiscal year.
          (2) The budget for fiscal year 2006 submitted to 
        Congress by the President on February 7, 2005, requests 
        no funds for fiscal year 2006 for ongoing military 
        operations in Iraq or Afghanistan.
          (3) According to the Congressional Research Service, 
        there exists historical precedent for including the 
        cost of ongoing military operations in the annual 
        budget requests of the President following initial 
        funding for such operations by emergency or 
        supplemental appropriations Acts, including--
                  (A) funds for Operation Noble Eagle, 
                beginning in the budget request of President 
                George W. Bush for fiscal year 2005;
                  (B) funds for operations in Kosovo, beginning 
                in the budget request of President George W. 
                Bush for fiscal year 2001;
                  (C) funds for operations in Bosnia, beginning 
                in the budget request of President Clinton for 
                fiscal year 1997;
                  (D) funds for operations in Southwest Asia, 
                beginning in the budget request of President 
                Clinton for fiscal year 1997;
                  (E) funds for operations in Vietnam, 
                beginning in the budget request of President 
                Johnson for fiscal year 1966; and
                  (F) funds for World War II, beginning in the 
                budget request of President Roosevelt for 
                fiscal year 1943.
          (4) In section 1024(b) of the Emergency Supplemental 
        Appropriations Act for Defense, the Global War on 
        Terror, and Tsunami Relief, 2005 (119 Stat. 252), the 
        Senate requested that the President submit to Congress, 
        not later than September 1, 2005, an amendment to the 
        budget of the President for fiscal year 2006 setting 
        forth detailed cost estimates for ongoing military 
        operations overseas during such fiscal year.
          (5) The President has yet to submit such an 
        amendment.
          (6) In February 2005, the Congressional Budget Office 
        estimated that fiscal year 2006 cost of ongoing 
        military operations in Iraq and Afghanistan could total 
        $85,000,000,000.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
          (1) any request for funds for a fiscal year after 
        fiscal year 2006 for an ongoing military operation 
        overseas, including operations in Afghanistan and Iraq, 
        should be included in the annual budget of the 
        President for such fiscal year as submitted to Congress 
        under section 1105(a) of title 31, United States Code;
          (2) the President should submit a budget request for 
        fiscal year 2006 setting forth estimates for ongoing 
        military operations overseas during such fiscal year; 
        and
          (3) any funds provided for a fiscal year for ongoing 
        military operations overseas should be provided in 
        appropriations Acts for such fiscal year through 
        appropriations to specific accounts set forth in such 
        appropriations Acts.
          * * * * * * *

                                TITLE IX

                       ADDITIONAL APPROPRIATIONS

          * * * * * * *

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $805,000,000, of which up to $195,000,000, to 
remain available until expended, may be used for payments to 
reimburse Pakistan, Jordan, and other key cooperating nations, 
for logistical, military, and other support provided, or to be 
provided, to United States military operations, notwithstanding 
any other provision of law: Provided, That such payments may be 
made in such amounts as the Secretary of Defense, with the 
concurrence of the Secretary of State, and in consultation with 
the Director of the Office of Management and Budget, may 
determine, in his discretion, based on documentation determined 
by the Secretary of Defense to adequately account for the 
support provided, and such determination is final and 
conclusive upon the accounting officers of the United States, 
and 15 days following notification to the appropriate 
congressional committees: Provided further, That the Secretary 
of Defense shall provide quarterly reports to the congressional 
defense committees on the use of funds provided in this 
paragraph.
          * * * * * * *

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for ``Iraq Freedom Fund'', 
$4,658,686,000, to remain available for transfer until 
September 30, 2007, only to support operations in Iraq or 
Afghanistan and classified activities: Provided, That the 
Secretary of Defense may transfer the funds provided herein to 
appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and 
working capital funds: Provided further, That of the amounts 
provided under this heading, $3,048,686,000 shall only be for 
classified programs, described in further detail in the 
classified annex accompanying this Act: Provided further, That 
up to $100,000,000 shall be available for the Department of 
Homeland Security, ``United States Coast Guard, Operating 
Expenses'': Provided further, That not less than $1,360,000,000 
shall be available for the Joint IED Defeat Task Force: 
Provided further, That funds transferred shall be merged with 
and be available for the same purposes and for the same time 
period as the appropriation or fund to which transferred: 
Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 5 
days prior to making transfers from this appropriation, notify 
the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary 
shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation.
          * * * * * * *

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 9001. Appropriations provided in this title are 
available for obligation until September 30, 2006, unless 
otherwise so provided in this title.
    Sec. 9002. Notwithstanding any other provision of law or of 
this Act, funds made available in this title are in addition to 
amounts provided elsewhere in this Act.

                          (transfer of funds)

    Sec. 9003. Upon his determination that such action is 
necessary in the national interest, the Secretary of Defense 
may transfer between appropriations up to $2,500,000,000 of the 
funds made available to the Department of Defense in this 
title: Provided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority in 
this section: Provided further, That the authority provided in 
this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the 
same terms and conditions as the authority provided in section 
8005 of this Act.
          * * * * * * *
    Sec. 9006. Notwithstanding any other provision of law, of 
the funds made available in this title to the Department of 
Defense for operation and maintenance, not to exceed 
$500,000,000 may be used by the Secretary of Defense, with the 
concurrence of the Secretary of State, to train, equip and 
provide related assistance only to military or security forces 
of Iraq and Afghanistan to enhance their capability to combat 
terrorism and to support United States military operations in 
Iraq and Afghanistan: Provided, That such assistance may 
include the provision of equipment, supplies, services, 
training, and funding: Provided further, That the authority to 
provide assistance under this section is in addition to any 
other authority to provide assistance to foreign nations: 
Provided further, That the Secretary of Defense shall notify 
the congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate not less than 
15 days before providing assistance under the authority of this 
section.
    Sec. 9007. (a) From funds made available in this title to 
the Department of Defense, not to exceed $500,000,000 may be 
used, notwithstanding any other provision of law, to fund the 
Commander's Emergency Response Program, for the purpose of 
enabling military commanders in Iraq to respond to urgent 
humanitarian relief and reconstruction requirements within 
their areas of responsibility by carrying out programs that 
will immediately assist the Iraqi people, and to fund a similar 
program to assist the people of Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the 
end of each fiscal year quarter (beginning with the first 
quarter of fiscal year 2006), the Secretary of Defense shall 
submit to the congressional defense committees a report 
regarding the source of funds and the allocation and use of 
funds during that quarter that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes of the programs under 
subsection (a).
    Sec. 9008. Amounts provided in this title for operations in 
Iraq and Afghanistan may be used by the Department of Defense 
for the purchase of up to 20 heavy and light armored vehicles 
for force protection purposes, notwithstanding price or other 
limitations specified elsewhere in this Act, or any other 
provision of law: Provided, That the Secretary of Defense shall 
submit a report in writing no later than 30 days after the end 
of each fiscal quarter notifying the congressional defense 
committees of any purchase described in this section, including 
the cost, purposes, and quantities of vehicles purchased.
    Sec. 9009. During the current fiscal year, funds available 
to the Department of Defense for operation and maintenance may 
be used, notwithstanding any other provision of law, to provide 
supplies, services, transportation, including airlift and 
sealift, and other logistical support to coalition forces 
supporting military and stability operations in Iraq and 
Afghanistan: Provided, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense 
committees regarding support provided under this section.
    Sec. 9010. (a) Not later than 60 days after the date of the 
enactment of this Act and every 90 days thereafter through the 
end of fiscal year 2006, the Secretary of Defense shall set 
forth in a report to Congress a comprehensive set of 
performance indicators and measures for progress toward 
military and political stability in Iraq.
    (b) The report shall include performance standards and 
goals for security, economic, and security force training 
objectives in Iraq together with a notional timetable for 
achieving these goals.
    (c) In specific, the report requires, at a minimum, the 
following:
          (1) With respect to stability and security in Iraq, 
        the following:
                  (A) Key measures of political stability, 
                including the important political milestones 
                that must be achieved over the next several 
                years.
                  (B) The primary indicators of a stable 
                security environment in Iraq, such as number of 
                engagements per day, numbers of trained Iraqi 
                forces, and trends relating to numbers and 
                types of ethnic and religious-based hostile 
                encounters.
                  (C) An assessment of the estimated strength 
                of the insurgency in Iraq and the extent to 
                which it is composed of non-Iraqi fighters.
                  (D) A description of all militias operating 
                in Iraq, including the number, size, equipment 
                strength, military effectiveness, sources of 
                support, legal status, and efforts to disarm or 
                reintegrate each militia.
                  (E) Key indicators of economic activity that 
                should be considered the most important for 
                determining the prospects of stability in Iraq, 
                including--
                          (i) unemployment levels;
                          (ii) electricity, water, and oil 
                        production rates; and
                          (iii) hunger and poverty levels.
                  (F) The criteria the Administration will use 
                to determine when it is safe to begin 
                withdrawing United States forces from Iraq.
          (2) With respect to the training and performance of 
        security forces in Iraq, the following:
                  (A) The training provided Iraqi military and 
                other Ministry of Defense forces and the 
                equipment used by such forces.
                  (B) Key criteria for assessing the 
                capabilities and readiness of the Iraqi 
                military and other Ministry of Defense forces, 
                goals for achieving certain capability and 
                readiness levels (as well as for recruiting, 
                training, and equipping these forces), and the 
                milestones and notional timetable for achieving 
                these goals.
                  (C) The operational readiness status of the 
                Iraqi military forces, including the type, 
                number, size, and organizational structure of 
                Iraqi battalions that are--
                          (i) capable of conducting 
                        counterinsurgency operations 
                        independently;
                          (ii) capable of conducting 
                        counterinsurgency operations with the 
                        support of United States or coalition 
                        forces; or
                          (iii) not ready to conduct 
                        counterinsurgency operations.
                  (D) The rates of absenteeism in the Iraqi 
                military forces and the extent to which 
                insurgents have infiltrated such forces.
                  (E) The training provided Iraqi police and 
                other Ministry of Interior forces and the 
                equipment used by such forces.
                  (F) Key criteria for assessing the 
                capabilities and readiness of the Iraqi police 
                and other Ministry of Interior forces, goals 
                for achieving certain capability and readiness 
                levels (as well as for recruiting, training, 
                and equipping), and the milestones and notional 
                timetable for achieving these goals, 
                including--
                          (i) the number of police recruits 
                        that have received classroom training 
                        and the duration of such instruction;
                          (ii) the number of veteran police 
                        officers who have received classroom 
                        instruction and the duration of such 
                        instruction;
                          (iii) the number of police candidates 
                        screened by the Iraqi Police Screening 
                        Service, the number of candidates 
                        derived from other entry procedures, 
                        and the success rates of those groups 
                        of candidates;
                          (iv) the number of Iraqi police 
                        forces who have received field training 
                        by international police trainers and 
                        the duration of such instruction; and
                          (v) attrition rates and measures of 
                        absenteeism and infiltration by 
                        insurgents.
                  (G) The estimated total number of Iraqi 
                battalions needed for the Iraqi security forces 
                to perform duties now being undertaken by 
                coalition forces, including defending the 
                borders of Iraq and providing adequate levels 
                of law and order throughout Iraq.
                  (H) The effectiveness of the Iraqi military 
                and police officer cadres and the chain of 
                command.
                  (I) The number of United States and coalition 
                advisors needed to support the Iraqi security 
                forces and associated ministries.
                  (J) An assessment, in a classified annex if 
                necessary, of United States military 
                requirements, including planned force 
                rotations, through the end of calendar year 
                2006.
    Sec. 9011. Supervision and administration costs associated 
with a construction project funded with appropriations 
available for operation and maintenance, and executed in direct 
support of the Global War on Terrorism only in Iraq and 
Afghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all in-
house Government costs.
    Sec. 9012. Amounts appropriated or otherwise made available 
in this title are designated as making appropriations for 
contingency operations related to the global war on terrorism 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006.

               TITLE X--MATTERS RELATING TO DETAINEES \3\
---------------------------------------------------------------------------

    \3\ This title, the Detainee Treatment Act of 2005, may be found at 
199 Stat. 2739 through 2744, and at 42 U.S.C. 2000dd, and at 10 U.S.C. 
801 note.
---------------------------------------------------------------------------
          * * * * * * *
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2006''.
 d. Emergency Supplemental Appropriations Act for Defense, the Global 
                War on Terror, and Tsunami Relief, 2005

Partial text of Public Law 109-13 [H.R. 1268], 119 Stat. 231, approved 
                              May 11, 2005

 AN ACT Making Emergency Supplemental Appropriations for Defense, the 
 Global War on Terror, and Tsunami Relief, for the fiscal year ending 
              September 30, 2005, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Tsunami Relief, 2005''.

SEC. 2. TABLE OF CONTENTS.

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

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE 
             GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, and for other purposes, namely:

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

          * * * * * * *

                       OPERATION AND MAINTENANCE

          * * * * * * *

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $3,042,265,000, of which--
          (1) not to exceed $25,000,000 may be used for the 
        Combatant Commander Initiative fund, to be used in 
        support of Operation Iraqi Freedom and Operation 
        Enduring Freedom; and
          (2) up to $1,220,000,000, to remain available until 
        expended, may be used for payments to reimburse 
        Pakistan, Jordan, and other key cooperating nations, 
        for logistical, military, and other support provided, 
        or to be provided, to United States military 
        operations, notwithstanding any other provision of law: 
        Provided, That such payments may be made in such 
        amounts as the Secretary of Defense, with the 
        concurrence of the Secretary of State, and in 
        consultation with the Director of the Office of 
        Management and Budget, may determine, in his 
        discretion, based on documentation determined by the 
        Secretary of Defense to adequately account for the 
        support provided, and such determination is final and 
        conclusive upon the accounting officers of the United 
        States, and 15 days following notification to the 
        appropriate congressional committees: Provided further, 
        That the Secretary of Defense shall provide quarterly 
        reports to the congressional defense committees on the 
        use of funds provided in this paragraph: Provided 
        further, That the amount provided under this heading is 
        designated as an emergency requirement pursuant to 
        section 402 of the conference report to accompany S. 
        Con. Res. 95 (108th Congress).
          * * * * * * *

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

    For the ``Afghanistan Security Forces Fund'', 
$1,285,000,000, to remain available until September 30, 2006: 
Provided, That such funds shall be available to the Secretary 
of Defense, notwithstanding any other provision of law, for the 
purpose of allowing the Commander, Combined Forces Command--
Afghanistan, or the Secretary's designee to provide assistance, 
with the concurrence of the Secretary of State, to the security 
forces of Afghanistan including the provision of equipment, 
supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding: Provided 
further, That the authority to provide assistance under this 
section is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That the 
Secretary of Defense may transfer the funds provided herein to 
appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and 
defense working capital funds to accomplish the purposes 
provided herein: Provided further, That this transfer authority 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That upon a 
determination that all or part of the funds so transferred from 
this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this 
appropriation: Provided further, That of the amounts provided 
under this heading, $290,000,000 shall be transferred to 
``Operation and Maintenance, Army'' to reimburse the Department 
of the Army for costs incurred to train, equip and provide 
related assistance to Afghan security forces: Provided further, 
That contributions of funds for the purposes provided herein 
from any person, foreign government, or international 
organization may be credited to this Fund, and used for such 
purposes: Provided further, That the Secretary shall notify the 
congressional defense committees in writing upon the receipt 
and upon the transfer of any contribution delineating the 
sources and amounts of the funds received and the specific use 
of such contributions: Provided further, That the Secretary of 
Defense shall, not fewer than 5 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: 
Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation: Provided further, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                       Iraq Security Forces Fund

                     (including transfer of funds)

    For the ``Iraq Security Forces Fund'', $5,700,000,000, to 
remain available until September 30, 2006: Provided, That such 
funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of 
allowing the Commander, Multi-National Security Transition 
Command--Iraq, or the Secretary's designee to provide 
assistance, with the concurrence of the Secretary of State, to 
the security forces of Iraq including the provision of 
equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and 
funding: Provided further, That the authority to provide 
assistance under this section is in addition to any other 
authority to provide assistance to foreign nations: Provided 
further, That the Secretary of Defense may transfer the funds 
provided herein to appropriations for military personnel; 
operation and maintenance; Overseas Humanitarian, Disaster, and 
Civic Aid; procurement; research, development, test and 
evaluation; and defense working capital funds to accomplish the 
purposes provided herein: Provided further, That this transfer 
authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
upon a determination that all or part of the funds so 
transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That of the amounts 
provided under this heading, $210,000,000 shall be transferred 
to ``Operation and Maintenance, Army'' to reimburse the 
Department of the Army for costs incurred to train, equip, and 
provide related assistance to Iraqi security forces: Provided 
further, That contributions of funds for the purposes provided 
herein from any person, foreign government, or international 
organization may be credited to this Fund, and used for such 
purposes: Provided further, That the Secretary shall notify the 
congressional defense committees in writing upon the receipt 
and upon the transfer of any contribution delineating the 
sources and amounts of the funds received and the specific use 
of such contributions: Provided further, That, notwithstanding 
any other provision of law, from funds made available under 
this heading, $99,000,000 shall be used to provide assistance 
to the Government of Jordan to establish a regional training 
center designed to provide comprehensive training programs for 
regional military and security forces and military and civilian 
officials, to enhance the capability of such forces and 
officials to respond to existing and emerging security threats 
in the region: Provided further, That assistance authorized by 
the preceding proviso may include the provision of facilities, 
equipment, supplies, services and training, and the Secretary 
of Defense may transfer funds to any Federal agency for the 
purpose of providing such assistance: Provided further, That 
the Secretary of Defense shall, not fewer than 5 days prior to 
making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of 
any such transfer: Provided further, That the Secretary shall 
submit a report no later than 30 days after the end of each 
fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).
          * * * * * * *

                     GENERAL PROVISIONS, THIS TITLE

                       special transfer authority

                          (transfer of funds)

    Sec. 1001. Upon his determination that such action is 
necessary in the national interest, the Secretary of Defense 
may transfer between appropriations up to $3,000,000,000 of the 
funds made available to the Department of Defense in this 
title, except for military construction: Provided, That the 
Secretary shall notify the Congress promptly of each transfer 
made pursuant to this authority: Provided further, That the 
transfer authority provided in this section is in addition to 
any other transfer authority available to the Department of 
Defense: Provided further, That the authority in this section 
is subject to the same terms and conditions as the authority 
provided in section 8005 of the Department of Defense 
Appropriations Act, 2005, except for the fourth proviso: \1\ 
Provided further, That the amount made available by the 
transfer of funds in or pursuant to this section is designated 
as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).
---------------------------------------------------------------------------
    \1\ Sec. 8005 of the Department of Defense Appropriations Act, 2005 
(Public Law 108-287; 118 Stat. 969), as amended, provided the 
following:
---------------------------------------------------------------------------

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

    ``Sec. 8005. Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$6,185,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation of fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section must be made prior to June 30, 
2005: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.''.
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          * * * * * * *

                        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\
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    \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.
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          * * * * * * *

               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.
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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

    For purposes of this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 
101(a)(16) of title 10, United States Code.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (18) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $59,000,000.
          (19) For Cooperative Threat Reduction programs, 
        $409,200,000.
          (20) For the Overseas Contingency Operations Transfer 
        Fund, $10,000,000.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401.\2\ END STRENGTHS FOR ACTIVE FORCES.

    (a) In General.--The Armed Forces are authorized strengths 
for active duty personnel as of September 30, 2005, as follows:
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 115 note.
---------------------------------------------------------------------------
          (1) The Army, 502,400.
          (2) The Navy, 365,900.
          (3) The Marine Corps, 178,000.
          (4) The Air Force, 359,700.
    (b) Limitation.--(1) The authorized strength for the Army 
provided in paragraph (1) of subsection (a) for active duty 
personnel for fiscal year 2005 is subject to the condition that 
costs of active duty personnel of the Army for that fiscal year 
in excess of 482,400 shall be paid out of funds authorized to 
be appropriated for that fiscal year for a contingent emergency 
reserve fund or as an emergency supplemental appropriation.
    (2) The authorized strength for the Marine Corps provided 
in paragraph (3) of subsection (a) for active duty personnel 
for fiscal year 2005 is subject to the condition that costs of 
active duty personnel of the Marine Corps for that fiscal year 
in excess of 175,000 shall be paid out of funds authorized to 
be appropriated for that fiscal year for a contingent emergency 
reserve fund or as an emergency supplemental appropriation.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                    LEVELS.

    Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the 
following: * * * \3\
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    \3\ For text, see page 625.
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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.
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    `` `(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.
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          (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.
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          (1) The number of United States military personnel 
        assigned for temporary or permanent duty in Colombia in 
        connection with support of Plan Colombia may not exceed 
        800.
          (2) The number of United States individual citizens 
        retained as contractors in Colombia in connection with 
        support of Plan Colombia who are funded by Federal 
        funds may not exceed 600.
    (d) Limitation on Participation of United States 
Personnel.--No United States Armed Forces personnel, United 
States civilian employees, or United States civilian contractor 
personnel employed by the United States may participate in any 
combat operation in connection with assistance using funds 
pursuant to the authority in subsection (a), except for the 
purpose of acting in self defense or of rescuing any United 
States citizen, including any United States Armed Forces 
personnel, United States civilian employee, or civilian 
contractor employed by the United States.
    (e) Relation to Other Authority.--The authority provided by 
subsection (a) is in addition to any other authority in law to 
provide assistance to the Government of Colombia.
    (f) Report on Relationships Between Terrorist Organizations 
in Colombia and Foreign Governments and Organizations.--(1) Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of State, in consultation with the Secretary of 
Defense and the Director of Central Intelligence, shall submit 
to the congressional defense committees and the Committee on 
Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives a 
report that describes--
          (A) any relationships between foreign governments or 
        organizations and organizations based in Colombia that 
        have been designated as foreign terrorist organizations 
        under United States law, including the provision of any 
        direct or indirect assistance to such organizations; 
        and
          (B) United States policies that are designed to 
        address such relationships.
    (2) The report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 1022. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS 
                    IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the President should make the substantial 
        reduction of illegal drug trafficking in Afghanistan a 
        priority in the Global War on Terrorism;
          (2) the Secretary of Defense, in coordination with 
        the Secretary of State and the heads of other 
        appropriate Federal agencies, should expand cooperation 
        with the Government of Afghanistan and international 
        organizations involved in counter-drug activities to 
        assist in providing a secure environment for counter-
        drug personnel in Afghanistan; and
          (3) the United States, in conjunction with the 
        Government of Afghanistan and coalition partners, 
        should undertake additional efforts to reduce illegal 
        drug trafficking and related activities that provide 
        financial support for terrorist organizations in 
        Afghanistan and neighboring countries.
    (b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that 
describes--
          (A) the progress made towards substantially reducing 
        poppy cultivation and heroin production capabilities in 
        Afghanistan; and
          (B) the extent to which profits from illegal drug 
        activity in Afghanistan are used to financially support 
        terrorist organizations and groups seeking to undermine 
        the Government of Afghanistan.
    (2) The report required by this subsection shall be 
submitted to Congress not later than 120 days after the date of 
the enactment of this Act.
          * * * * * * *

                          Subtitle E--Reports

SEC. 1041.\9\ QUARTERLY DETAILED ACCOUNTING FOR OPERATIONS CONDUCTED AS 
                    PART OF THE GLOBAL WAR ON TERRORISM.

    (a) Quarterly Accounting.--Not later than 45 days after the 
end of each quarter of a year, the Secretary of Defense shall 
submit to the congressional defense committees, for each 
operation specified in subsection (b)--
---------------------------------------------------------------------------
    \9\ 10 U.S.C. 229 note.
---------------------------------------------------------------------------
          (1) a full accounting of all costs incurred for such 
        operation during such quarter and all amounts expended 
        during such quarter for such operation; and
          (2) a description of the purposes for which those 
        costs were incurred and those amounts were expended.
    (b) Operations Covered.--The operations referred to in 
subsection (a) are the following:
          (1) Operation Iraqi Freedom.
          (2) Operation Enduring Freedom.
          (3) Operation Noble Eagle.
          (4) Any other operation that the President designates 
        as being an operation of the Global War on Terrorism.
    (c) Requirement for Comprehensiveness.--For the purpose of 
providing a full and complete accounting of the costs and 
expenditures under subsection (a) for an operation specified in 
subsection (b), the Secretary shall account in the quarterly 
submission under subsection (a) for all costs and expenditures 
that are reasonably attributable to that operation, including 
personnel costs.

SEC. 1042. REPORT ON POST-MAJOR COMBAT OPERATIONS PHASE OF OPERATION 
                    IRAQI FREEDOM.

    (a) Report Required.--(1) Not later than June 1, 2005, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the conduct of military operations 
during the post-major combat operations phase of Operation 
Iraqi Freedom.
    (2) The report shall be prepared in consultation with the 
Chairman of the Joint Chiefs of Staff, the commander of the 
United States Central Command, and such other officials as the 
Secretary considers appropriate.
    (b) Content.--(1) The report shall include a discussion of 
the matters described in paragraph (2), with a particular 
emphasis on accomplishments and shortcomings and on near-term 
and long-term corrective actions to address such shortcomings.
    (2) The matters to be discussed in the report are as 
follows:
          (A) The military and political objectives of the 
        international coalition conducting the post-major 
        combat operations phase of Operation Iraqi Freedom, and 
        the military strategy selected to achieve such 
        objectives, together with an assessment of the 
        execution of the military strategy.
          (B) The mobilization process for the reserve 
        components of the Armed Forces, including the 
        timeliness of notification, training and certification, 
        and subsequent demobilization.
          (C) The use and performance of major items of United 
        States military equipment, weapon systems, and 
        munitions (including non-lethal weapons and munitions, 
        items classified under special access procedures, and 
        items drawn from prepositioned stocks) and any expected 
        effects of the experience with the use and performance 
        of such items on the doctrinal and tactical employment 
        of such items and on plans for continuing the 
        acquisition of such items.
          (D) Any additional requirements for military 
        equipment, weapon systems, munitions, force structure, 
        or other capability identified during the post-major 
        combat operations phase of Operation Iraqi Freedom, 
        including changes in type or quantity for future 
        operations.
          (E) The effectiveness of joint air operations, 
        together with an assessment of the effectiveness of--
                  (i) the employment of close air support; and
                  (ii) attack helicopter operations.
          (F) The use of special operations forces, including 
        operational and intelligence uses.
          (G) The scope of logistics support, including support 
        to and from other nations and from international 
        organizations and organizations and individuals from 
        the private sector in Iraq.
          (H) The incidents of accidental fratricide, including 
        a discussion of the effectiveness of the tracking of 
        friendly forces and the use of the combat 
        identification systems in mitigating friendly fire 
        incidents.
          (I) The adequacy of spectrum and bandwidth to 
        transmit information to operational forces and assets, 
        including unmanned aerial vehicles, ground vehicles, 
        and individual soldiers.
          (J) The effectiveness of strategic, operational, and 
        tactical information operations, including 
        psychological operations and assets, organization, and 
        doctrine related to civil affairs, in achieving 
        established objectives, together with a description of 
        technological and other restrictions on the use of 
        information operations capabilities.
          (K) The readiness of the reserve component forces 
        used in the post-major combat operations phase of 
        Operation Iraqi Freedom, including an assessment of the 
        success of the reserve component forces in 
        accomplishing their missions.
          (L) The adequacy of intelligence support during the 
        post-major combat operations phase of Operation Iraqi 
        Freedom, including the adequacy of such support in 
        searches for weapons of mass destruction.
          (M) The rapid insertion and integration, if any, of 
        developmental but mission-essential equipment, 
        organizations, or procedures during the post-major 
        combat operations phase of Operation Iraqi Freedom.
          (N) A description of the coordination, communication, 
        and unity of effort between the Armed Forces, the 
        Coalition Provisional Authority, other United States 
        government agencies and organizations, nongovernmental 
        organizations, and political, security, and 
        nongovernmental organizations of Iraq, including an 
        assessment of the effectiveness of such efforts.
          (O) The adequacy of training for military units once 
        deployed to the area of operations of the United States 
        Central Command, including training for changes in unit 
        mission and continuation training for high-intensity 
        conflict missions.
          (P) An estimate of the funding required to return or 
        replace equipment used through the period covered by 
        the report in Operation Iraqi Freedom, including 
        equipment in prepositioned stocks, to mission-ready 
        condition.
          (Q) A description of military civil affairs and 
        reconstruction efforts, including efforts through the 
        Commanders Emergency Response Program, and an 
        assessment of the effectiveness of such efforts and 
        programs.
          (R) The adequacy of the requirements determination 
        and acquisition processes, acquisition, and 
        distribution of force protection equipment, including 
        personal gear, vehicles, helicopters, and defense 
        devices.
          (S) The most critical lessons learned that could lead 
        to long-term doctrinal, organizational, and 
        technological changes, and the probable effects that an 
        implementation of those changes would have on current 
        visions, goals, and plans for transformation of the 
        Armed Forces or the Department of Defense.
          (T) The planning for and implementation of morale, 
        welfare, and recreation programs for deployed forces 
        and support to dependents, including rest and 
        recuperation programs and personal communication 
        benefits such as telephone, mail, and email services, 
        including an assessment of the effectiveness of such 
        programs.
          (U) An analysis of force rotation plans, including 
        individual personnel and unit rotations, differing 
        deployment lengths, and in-theater equipment repair and 
        leave behinds.
          (V) The organization of United States Central Command 
        to conduct post-conflict operations and lessons for 
        other combatant commands to conduct other such 
        operations in the future.
    (c) Form of Report.--The report shall be submitted in 
unclassified form, but may include a classified annex.
    (d) Post-Major Combat Operations Phase of Operation Iraqi 
Freedom Defined.--In this section, the term ``post-major combat 
operations phase of Operation Iraqi Freedom'' means the period 
of Operation Iraqi Freedom beginning on May 2, 2003, and ending 
on December 31, 2004.
          * * * * * * *

SEC. 1047 REPORT ON AL QAEDA AND ASSOCIATED GROUPS IN LATIN AMERICA AND 
                    THE CARIBBEAN.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in 
consultation with the Secretary of State, submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the activities of al Qaeda and 
associated groups in Latin America and the Caribbean, 
including--
          (1) an assessment of the extent to which such groups 
        have established a presence in the area;
          (2) a description of the activities of such groups in 
        the area, including fundraising, money laundering, 
        narcotrafficking, and associations with criminal 
        groups;
          (3) an assessment of the threat posed by such groups 
        to the peace and stability of the nations in the area 
        and to United States interests; and
          (4) a description of United States policies intended 
        to deal with such a threat.
    (b) Form of Report.--The report shall be submitted in 
unclassified form, but may include a classified annex.
          * * * * * * *

                       Subtitle I--Other Matters

          * * * * * * *

SEC. 1091.\10\ SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED 
                    BY THE UNITED STATES.

    (a) Sense of Congress.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \10\ 10 U.S.C. 801 note.
---------------------------------------------------------------------------
          (1) the abuses inflicted upon detainees at the Abu 
        Ghraib prison in Baghdad, Iraq, are inconsistent with 
        the professionalism, dedication, standards, and 
        training required of individuals who serve in the 
        United States Armed Forces;
          (2) the vast majority of members of the Armed Forces 
        have upheld the highest possible standards of 
        professionalism and morality in the face of illegal 
        tactics and terrorist attacks and attempts on their 
        lives;
          (3) the abuse of persons in United States custody in 
        Iraq is appropriately condemned and deplored by the 
        American people;
          (4) the Armed Forces are moving swiftly and 
        decisively to identify, try, and, if found guilty, 
        punish persons who perpetrated such abuse;
          (5) the Department of Defense and appropriate 
        military authorities must continue to undertake 
        corrective action, as appropriate, to address chain-of-
        command deficiencies and the systemic deficiencies 
        identified in the incidents in question;
          (6) the Constitution, laws, and treaties of the 
        United States and the applicable guidance and 
        regulations of the United States Government prohibit 
        the torture or cruel, inhuman, or degrading treatment 
        of foreign prisoners held in custody by the United 
        States;
          (7) the alleged crimes of a handful of individuals 
        should not detract from the commendable sacrifices of 
        over 300,000 members of the Armed Forces who have 
        served, or who are serving, in Operation Iraqi Freedom; 
        and
          (8) no detainee shall be subject to torture or cruel, 
        inhuman, or degrading treatment or punishment that is 
        prohibited by the Constitution, laws, or treaties of 
        United States.
    (b) Policy.--It is the policy of the United States to--
          (1) ensure that no detainee shall be subject to 
        torture or cruel, inhuman, or degrading treatment or 
        punishment that is prohibited by the Constitution, 
        laws, or treaties of the United States;
          (2) investigate and prosecute, as appropriate, all 
        alleged instances of unlawful treatment of detainees in 
        a manner consistent with the international obligations, 
        laws, or policies of the United States;
          (3) ensure that all personnel of the United States 
        Government understand their obligations in both wartime 
        and peacetime to comply with the legal prohibitions 
        against torture, cruel, inhuman, or degrading treatment 
        of detainees in the custody of the United States;
          (4) ensure that, in a case in which there is doubt as 
        to whether a detainee is entitled to prisoner of war 
        status under the Geneva Conventions, such detainee 
        receives the protections accorded to prisoners of war 
        until the detainee's status is determined by a 
        competent tribunal; and
          (5) expeditiously process and, if appropriate, 
        prosecute detainees in the custody of the United 
        States, including those in the custody of the United 
        States Armed Forces at Guantanamo Bay, Cuba.
    (c) Detainees.--For purposes of this section, the term 
``detainee'' means a person in the custody or under the 
physical control of the United States as a result of armed 
conflict.

SEC. 1092.\11\ ACTIONS TO PREVENT THE ABUSE OF DETAINEES.

    (a) Policies Required.--The Secretary of Defense shall 
ensure that policies are prescribed not later than 150 days 
after the date of the enactment of this Act regarding 
procedures for Department of Defense personnel and contractor 
personnel of the Department of Defense intended to ensure that 
members of the Armed Forces, and all persons acting on behalf 
of the Armed Forces or within facilities of the Armed Forces, 
treat persons detained by the United States Government in a 
humane manner consistent with the international obligations and 
laws of the United States and the policies set forth in section 
1091(b).
---------------------------------------------------------------------------
    \11\ 10 U.S.C. 801 note.
---------------------------------------------------------------------------
    (b) Matters to Be Included.--In order to achieve the 
objective stated in subsection (a), the policies under that 
subsection shall specify, at a minimum, procedures for the 
following:
          (1) Ensuring that each commander of a Department of 
        Defense detention facility or interrogation facility--
                  (A) provides all assigned personnel with 
                training, and documented acknowledgment of 
                receiving training, regarding the law of war, 
                including the Geneva Conventions; and
                  (B) establishes standard operating procedures 
                for the treatment of detainees.
          (2) Ensuring that each Department of Defense contract 
        in which contract personnel in the course of their 
        duties interact with individuals detained by the 
        Department of Defense on behalf of the United States 
        Government include a requirement that such contract 
        personnel have received training, and documented 
        acknowledgment of receiving training, regarding the 
        international obligations and laws of the United States 
        applicable to the detention of personnel.
          (3) Providing all detainees with information, in 
        their own language, of the applicable protections 
        afforded under the Geneva Conventions.
          (4) Conducting periodic unannounced and announced 
        inspections of detention facilities in order to provide 
        continued oversight of interrogation and detention 
        operations.
          (5) Ensuring that, to the maximum extent practicable, 
        detainees and detention facility personnel of a 
        different gender are not alone together.
    (c) Secretary of Defense Certification.--The Secretary of 
Defense shall certify that all Federal employees and civilian 
contractors engaged in the handling or interrogation of 
individuals detained by the Department of Defense on behalf of 
the United States Government have fulfilled an annual training 
requirement on the law of war, the Geneva Conventions, and the 
obligations of the United States under international law.

SEC. 1093. REPORTING REQUIREMENTS.

    (a) Transmission of Regulations, Etc.--Not later than 30 
days after the date on which regulations, policies, and orders 
are first prescribed under section 1092(a), the Secretary of 
Defense shall transmit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives copies of such regulations, policies, or 
orders, together with a report on steps taken to the date of 
the report to implement section 1092.
    (b) One-Year Implementation Report.--Not later than one 
year after the date on which regulations, policies, and orders 
are first prescribed under section 1092(a), the Secretary shall 
submit to such committees a report on further steps taken to 
implement section 1092 to the date of such report.
    (c) Annual Report.--Nine months after the date of the 
enactment of this Act and annually thereafter, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report for the preceding 12-months \12\ 
containing the following:
---------------------------------------------------------------------------
    \12\ As enrolled.
---------------------------------------------------------------------------
          (1) Notice of any investigation into any violation of 
        international obligations or laws of the United States 
        regarding the treatment of individuals detained by the 
        United States Armed Forces or by a person providing 
        services to the Department of Defense on a contractual 
        basis, if the notice will not compromise any ongoing 
        criminal or administrative investigation or 
        prosecution.
          (2) General information on the foreign national 
        detainees in the custody of the Department of Defense 
        during the 12-month period covered by the report, 
        including the following:
                  (A) The best estimate of the Secretary of 
                Defense of the total number of detainees in the 
                custody of the Department as of the date of the 
                report.
                  (B) The best estimate of the Secretary of 
                Defense of the total number of detainees 
                released from the custody of the Department 
                during the period covered by the report.
                  (C) An aggregate summary of the number of 
                persons detained as enemy prisoners of war, 
                civilian internees, and unlawful combatants, 
                including information regarding the average 
                length of detention for persons in each 
                category.
                  (D) An aggregate summary of the nationality 
                of persons detained.
                  (E) Aggregate information as to the transfer 
                of detainees to the jurisdiction of other 
                countries, and the countries to which 
                transferred.
    (d) Classification of Reports.--Reports submitted under 
this section shall be submitted, to the extent practicable, in 
unclassified form, but may include a classified annex as 
necessary to protect the national security of the United 
States.
    (e) Termination.--The requirements of this section shall 
cease to be in effect on December 31, 2007.

SEC. 1094. FINDINGS AND SENSE OF CONGRESS CONCERNING ARMY SPECIALIST 
                    JOSEPH DARBY.

    (a) Findings.--Congress makes the following findings:
          (1) The need to act in accord with one's conscience, 
        risking one's career and even the esteem of one's 
        colleagues by pursuing what is right is especially 
        important today.
          (2) While the Department of Defense investigates the 
        horrific abuses in American detention facilities in 
        Iraq, the Nation should bear in mind that the abuses 
        were only brought to light because of the courage of an 
        American soldier.
          (3) By alerting his superiors to abuses at Abu Ghraib 
        prison in Iraq, Army Specialist Joseph Darby 
        demonstrated the courage to speak out and do what is 
        right for his country.
          (4) Such an action is especially important in light 
        of the many challenges facing the country.
          (5) Specialist Darby deserves the Nation's thanks for 
        speaking up and for standing up for what is right.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Secretary of Defense should make every 
        protection available to Army Specialist Joseph Darby 
        and others who demonstrate such courage; and
          (2) Specialist Darby should be commended 
        appropriately by the Secretary of the Army.
          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

  Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on 
                                Terrorism

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Assistance to Iraq and Afghanistan military and security 
          forces.
Sec. 1203. Redesignation and modification of authorities relating to 
          Inspector General of the Coalition Provisional Authority.
Sec. 1204. Presidential report on strategy for stabilization of Iraq.
Sec. 1205. Guidance on contractors supporting deployed forces in Iraq.
Sec. 1206. Report on contractors supporting deployed forces and 
          reconstruction efforts in Iraq.
Sec. 1207. United Nations Oil-for-Food Program.
Sec. 1208. Support of military operations to combat terrorism.

                Subtitle B--Counterproliferation Matters

Sec. 1211. Defense international counterproliferation programs.
Sec. 1212. Policy and sense of Congress on nonproliferation of ballistic 
          missiles.
Sec. 1213. Sense of Congress on the global partnership against the 
          spread of weapons of mass destruction.
Sec. 1214. Report on collaborative measures to reduce the risks of a 
          launch of Russian nuclear weapons.

                        Subtitle C--Other Matters

Sec. 1221. Authority for humanitarian assistance for the detection and 
          clearance of landmines extended to include other explosive 
          remnants of war.
Sec. 1222. Expansion of entities of the People's Republic of China 
          subject to certain presidential authorities when operating in 
          the United States.
Sec. 1223. Assignment of NATO naval personnel to submarine safety 
          programs.
Sec. 1224. Availability of Warsaw Initiative Funds for new NATO members.
Sec. 1225. Bilateral exchanges and trade in defense articles and defense 
          services between the United States and the United Kingdom and 
          Australia.
Sec. 1226. Study on missile defense cooperation.

  Subtitle A--Matters Relating to Iraq, Afghanistan, and Global War on 
                                Terrorism

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Fiscal Year 2005 Authority.--During fiscal year 2005, 
from funds made available to the Department of Defense for 
operation and maintenance pursuant to title XV, not to exceed 
$854,000,000 \13\ may be used to provide funds--
---------------------------------------------------------------------------
    \13\ Sec. 1006 of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 243), struck out ``$500,000,000'' and 
inserted in lieu thereof ``$854,000,000''. Sec. 1006 of that Act, 
furthermore, provided the following:
    ``* * * Provided, That from funds available for the Commander's 
Emergency Response Program for fiscal year 2005, not to exceed 
$10,000,000 may be used to purchase weapons from any person, foreign 
government, international organization or other entity for the purpose 
of protecting United States forces overseas, and to dispose of the 
weapons purchased: Provided further, That the Secretary of Defense 
shall submit to the congressional defense committees quarterly reports 
regarding the purchase and disposal of weapons under this 
subsection.''.
    Previously, sec. 102 of division J of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2809) struck 
out ``$300,000,000'' and inserted in lieu thereof ``$500,000,000''.
---------------------------------------------------------------------------
          (1) for the Commanders' Emergency Response Program, 
        established by the Administrator of the Coalition 
        Provisional Authority for the purpose of enabling 
        United States military commanders in Iraq to respond to 
        urgent humanitarian relief and reconstruction 
        requirements within their areas of responsibility by 
        carrying out programs that will immediately assist the 
        Iraqi people; and
          (2) for a similar program to assist the people of 
        Afghanistan.
    (b) Quarterly Reports.--Not later than 15 days after the 
end of each fiscal-year quarter (beginning with the first 
quarter of fiscal year 2005), the Secretary of Defense shall 
submit to the congressional defense committees a report 
regarding the source of funds and the allocation and use of 
funds during that quarter that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes stated in subsection (a).
    (c) Waiver Authority.--For purposes of the exercise of the 
authority provided by this section or any other provision of 
law making funding available for the Commanders' Emergency 
Response Program referred to in subsection (a) (including a 
program referred to in paragraph (2) of that subsection), the 
Secretary may waive any provision of law not contained in this 
section that would (but for the waiver) prohibit, restrict, 
limit, or otherwise constrain the exercise of that authority.
    (d) Review of Laws.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a report 
identifying all provisions of law that (if not waived) would 
prohibit, restrict, limit, or otherwise constrain the exercise 
of the authority provided in this section or any other 
provision of law using funds available for the purposes stated 
in subsection (a).

SEC. 1202. ASSISTANCE TO IRAQ AND AFGHANISTAN MILITARY AND SECURITY 
                    FORCES.

    (a) Authority.--The Secretary of Defense may provide 
assistance under this section to Iraq and Afghanistan military 
and security forces. Such assistance shall be provided, subject 
to the provisions of this section, solely to enhance the 
ability of such forces to combat terrorism and support United 
States or coalition military operations in Iraq and 
Afghanistan, respectively.
    (b) Type of Assistance.--Assistance provided under 
subsection (a) may include equipment, supplies, services, and 
training.
    (c) Limitations.--Assistance under this section or under 
any other provision of law for the purpose described in 
subsection (a) may be provided only from funds available to the 
Department of Defense for fiscal year 2005 for operation and 
maintenance under title XV. The total amount of such assistance 
may not exceed $500,000,000.
    (d) Congressional Notification.--Before any provision of 
assistance under this section or any other provision of law for 
the purpose described in subsection (a), the Secretary of 
Defense shall submit to the congressional defense committees a 
notification of the assistance proposed to be provided. Any 
such notification shall be submitted not less than 15 days 
before the provision of such assistance.
    (e) Military and Security Forces Defined.--For purposes of 
this section, the term ``military and security forces'' means 
national armies, national guard forces, border security forces, 
civil defense forces, infrastructure protection forces, and 
police.

SEC. 1203. REDESIGNATION AND MODIFICATION OF AUTHORITIES RELATING TO 
                    INSPECTOR GENERAL OF THE COALITION PROVISIONAL 
                    AUTHORITY. * * * \14\

    (b) Continuation in Office.--The individual serving as the 
Inspector General of the Coalition Provisional Authority as of 
the date of the enactment of this Act may continue to serve in 
that position after that date without reappointment under 
paragraph (1) of section 3001(c) of the Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of 
Iraq and Afghanistan, 2004, but remaining subject to removal as 
specified in paragraph (4) of that section.
---------------------------------------------------------------------------
    \14\ Sec. 1203, other than subsec. (b), amended sec. 3001 of the 
Emergency Supplemental Appropriations Act for Defense and for the 
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 
Stat. 1234; 5 U.S.C. App. 3 sec. 8G note).
---------------------------------------------------------------------------

SEC. 1204. PRESIDENTIAL REPORT ON STRATEGY FOR STABILIZATION OF IRAQ.

    (a) Stabilization Strategy.--Not later than 120 days after 
the date of the enactment of this Act, the President shall 
submit to Congress an unclassified report (with classified 
annex, if necessary) on the strategy of the United States and 
coalition forces for stabilizing Iraq. The report shall contain 
a detailed explanation of the strategy, together with the 
following:
          (1) A description of the efforts of the President to 
        work with the United Nations to provide support for, 
        and assistance to, the transitional government in Iraq 
        and, in particular, the efforts of the President to 
        negotiate and secure adoption by the United Nations 
        Security Council of Resolution 1546.
          (2) A description of the efforts of the President to 
        continue to work with North Atlantic Treaty 
        Organization (NATO) member states and non-NATO member 
        states to provide support for and augment coalition 
        forces, including--
                  (A) the current military forces of coalition 
                countries deployed to Iraq;
                  (B) the current police forces of coalition 
                countries deployed to Iraq;
                  (C) the current financial resources of 
                coalition countries pledged and provided for 
                the stabilization and reconstruction of Iraq; 
                and
                  (D) a list of countries that have pledged to 
                deploy military or police forces, including the 
                schedule and level of such deployments.
          (3) The strategic plan referred to in subsection (b) 
        relating to Iraqi security forces.
          (4) A description of the efforts of the United States 
        and coalition forces to assist in the reconstruction of 
        essential infrastructure of Iraq, including the oil 
        industry, electricity generation, roads, schools, and 
        hospitals.
          (5) A description of the efforts of the United 
        States, coalition partners, and relevant international 
        agencies to assist in the development of political 
        institutions and prepare for democratic elections in 
        Iraq.
          (6) A description of the obstacles, including 
        financial, technical, logistic, personnel, political, 
        and other obstacles, faced by NATO in generating and 
        deploying military forces out of theater to locations 
        such as Iraq.
    (b) Iraqi Security Forces.--The President shall include in 
the report under subsection (a) a strategic plan setting forth 
the manner in which the coaltion \15\ will achieve the goal of 
establishing viable and professional Iraqi security forces able 
to provide for the long-term security of the Iraqi people. That 
strategic plan shall include at least the following:
---------------------------------------------------------------------------
    \15\ As enrolled. Should read ``coalition''.
---------------------------------------------------------------------------
          (1) Recruiting and retention goals, shown for each 
        service of the Iraqi security forces.
          (2) Training plans for each service of the Iraqi 
        security forces.
          (3) A description of metrics by which progress toward 
        the goal of Iraqi provision for its own security can be 
        measured.
          (4) A description of equipment needs, shown for each 
        service of the Iraqi security forces.
          (5) A resourcing plan for achieving the goals of the 
        strategic plan.
          (6) Personnel plans in terms of United States 
        military and contractor personnel to be used in 
        training each such service.
          (7) A description of challenges faced and 
        opportunities presented in particular regions of Iraq 
        and a plan for addressing those challenges.
          (8) A discussion of training and deployment successes 
        and failures to the date of the report and how lessons 
        from those successes and failures will be incorporated 
        into the strategic plan.
    (c) Quarterly Reports.--Not later than 30 days after the 
end of each quarter of calendar year 2005, the Secretary of 
Defense shall submit to the Congress a report on the actions 
taken under the strategic plan set forth pursuant to subsection 
(b) since the date of the enactment of this Act. Each such 
report shall be prepared in conjunction with the Secretary of 
State.

SEC. 1205. GUIDANCE ON CONTRACTORS SUPPORTING DEPLOYED FORCES IN IRAQ.

    (a) Guidance.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance on how the Department of Defense shall manage 
contractor personnel who support deployed forces and shall 
direct the Secretaries of the military departments to develop 
procedures to ensure implementation of that guidance. The 
guidance shall--
          (1) establish policies for the use of contractors to 
        support deployed forces;
          (2) delineate the roles and responsibilities of 
        commanders regarding the management and oversight of 
        contractor personnel who support deployed forces; and
          (3) integrate into a single document other guidance 
        and doctrine that may affect Department of Defense 
        responsibilities to contractors in locations where 
        members of the Armed Forces are deployed.
    (b) Issues to be Addressed.--The guidance issued under 
subsection (a) shall address at least the following matters:
          (1) Warning contractor security personnel of 
        potentially hazardous situations.
          (2) Coordinating the movement of contractor security 
        personnel, especially through areas of increased risk 
        or planned or ongoing military operations.
          (3) Rapidly identifying contractor security personnel 
        by members of the Armed Forces.
          (4) Sharing relevant threat information with 
        contractor security personnel and receiving information 
        gathered by contractor security personnel for use by 
        United States and coalition forces.
          (5) Providing appropriate assistance to contractor 
        personnel who become engaged in hostile situations.
          (6) Providing medical assistance for, and evacuation 
        of, contractor personnel who become casualties as a 
        result of enemy actions.
          (7) Investigating background and qualifications of 
        contractor security personnel and organizations.
          (8) Establishing rules of engagement for armed 
        contractor security personnel, and ensuring proper 
        training and compliance with the rules of engagement.
          (9) Establishing categories of security, 
        intelligence, law enforcement, and criminal justice 
        functions that are--
                  (A) inherently governmental functions under 
                Subpart 7.5 of the Federal Acquisition 
                Regulation; or
                  (B) although not inherently governmental 
                functions, should not ordinarily be performed 
                by contractors in areas of operations.
          (10) Establishing procedures for making and 
        documenting determinations about which security, 
        intelligence, law enforcement, and criminal justice 
        functions will be performed by military personnel and 
        which will be performed by private companies.
    (c) Report.--Not later than 30 days after issuing the 
guidance required under subsection (a), the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report on the guidance 
issued under subsection (a).

SEC. 1206. REPORT ON CONTRACTORS SUPPORTING DEPLOYED FORCES AND 
                    RECONSTRUCTION EFFORTS IN IRAQ.

    (a) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report on contractors supporting deployed 
forces and reconstruction efforts in Iraq.
    (b) Matters To Be Included.--The report required by 
subsection (a) shall include, at a minimum, the following 
matters with respect to contractors, and employees of 
contractors, described in subsection (a):
          (1) A description of the overall chain of command and 
        oversight mechanisms that are in place to ensure 
        adequate command and supervision of such contractor 
        employees in critical security roles.
          (2) A description of sanctions that are available to 
        be imposed on such a contractor employee who--
                  (A) fails to comply with a requirement of law 
                or regulation that applies to such employee; or
                  (B) engages in other misconduct.
          (3) A description of disciplinary and criminal 
        actions brought against contractor employees during the 
        period beginning on May 1, 2003, and ending on the date 
        of the enactment of this Act.
          (4) An explanation of the legal status of contractor 
        employees engaged in the performance of security 
        functions in Iraq after the transfer of sovereign power 
        to Iraq on June 28, 2004.
          (5) A specification of casualty and fatality figures 
        for contractor employees supporting deployed forces and 
        reconstruction efforts in Iraq, shown, to the extent 
        practicable, in the following categories:
                  (A) Total casualties and total fatalities.
                  (B) Casualties and fatalities among--
                          (i) nationals of the United States;
                          (ii) nationals of Iraq; and
                          (iii) nationals of states other than 
                        the United States and Iraq.
          (6) A description, to the maximum extent practicable, 
        of incidents in which contractor employees supporting 
        deployed forces and reconstruction efforts in Iraq have 
        been engaged in hostile fire or other incidents of note 
        during the period beginning on May 1, 2003, and ending 
        on the date of the enactment of this Act.
    (c) Plans.--The Secretary shall include with the report 
under subsection (a) the following plans:
          (1) A plan for establishing and implementing a 
        process for collecting data on individual contractors, 
        the value of the contracts, the number of casualties 
        incurred, and the number of personnel in Iraq 
        performing the following services for the Department of 
        Defense and other Federal agencies:
                  (A) Personal security details.
                  (B) Nonmilitary site security.
                  (C) Nonmilitary convoy security.
                  (D) Interrogation services at interrogation 
                centers operated by the Department of Defense.
          (2) A plan for ensuring that military commanders in 
        the theater of operations have accurate information on 
        the number, types, and sources of weapons and other 
        critical equipment (such as body armor, armored 
        vehicles, secure communications and friend-foe 
        identification) that contractor personnel performing 
        services specified in paragraph (1) are authorized to 
        possess.
    (d) Coordination.--In the preparation of the report under 
this section (including the plans under subsection (c)), the 
Secretary of Defense shall coordinate, as appropriate, with the 
head of any Federal agency that is involved in the procurement 
of services from contractors supporting deployed forces and 
reconstruction efforts in Iraq. The head of any such agency 
shall provide to the Secretary of Defense such information as 
the Secretary may require about such contractors to complete 
the report.

SEC. 1207. UNITED NATIONS OIL-FOR-FOOD PROGRAM.

    (a) Access to Documents.--It is the sense of Congress that 
the Secretary of State should seek to conclude a memorandum of 
understanding with the Interim Government of Iraq to ensure 
that the United States will have access to all documents in the 
possession of that Government related to the United Nations 
Oil-for-Food Program.
    (b) Information From the United Nations.--(1) The Secretary 
of State shall use the voice and vote of the United States in 
the United Nations to urge the Secretary General of the United 
Nations to provide to the United States copies of all audits 
and core documents related to the United Nations Oil-for-Food 
Program, including all audits, examinations, studies, reviews, 
or similar documents prepared by the United Nations Office of 
Internal Oversight Services and all responses to such 
documents.
    (2) It is the sense of Congress that, pursuant to section 
941(b)(6) of the United Nations Reform Act of 1999 (title IX of 
division A of H.R. 3427 of the 106th Congress, as enacted into 
law by section 1000(a)(7) of Public Law 106-113; 113 Stat. 
1501A-483), the Comptroller General should have full and 
complete access to financial information relating to the United 
Nations, including information related to the financial 
transactions, organization, and activities of the United 
Nations Oil-for-Food Program.
    (3) The Secretary of State shall facilitate access by the 
Comptroller General to the financial information described in 
paragraph (2).
    (c) Cooperation in Investigations.--The head of any 
Executive agency (including the Secretary of State, the 
Secretary of Defense, the Secretary of the Treasury, and the 
Director of the Central Intelligence Agency) shall, upon a 
request in connection with an investigation of the United 
Nations Oil-for-Food Program made by a committee of 
jurisdiction of the Senate or House of Representatives, 
promptly provide to the chairman of that committee--
          (1) access to any information or document described 
        in subsection (a) or (b) that is under the control of 
        such agency and responsive to the request; and
          (2) cooperation in gaining access to information and 
        documents described in subsections (a) and (b) that are 
        not under the control of such agency, as appropriate.
    (d) Review of Oil-for-Food Program by Comptroller 
General.--(1) The Comptroller General shall conduct a review of 
the United Nations Oil-for-Food Program, including the role of 
the United States in that program. The review--
          (A) in accordance with generally accepted government 
        auditing standards, should not interfere with any 
        ongoing criminal investigation or inquiry related to 
        that program; and
          (B) may take into account the results of any 
        investigation or inquiry related to that program.
    (2) The head of each Executive agency shall fully cooperate 
with the review of the Comptroller General under paragraph (1).
    (e) Executive Agency Defined.--In this section, the term 
``Executive agency'' has the meaning given that term in section 
105 of title 5, United States Code.

SEC. 1208. SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.

    (a) Authority.--The Secretary of Defense may expend up to 
$25,000,000 during any fiscal year during which this subsection 
is in effect to provide support to foreign forces, irregular 
forces, groups, or individuals engaged in supporting or 
facilitating ongoing military operations by United States 
special operations forces to combat terrorism.
    (b) Procedures.--The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection 
(a). The Secretary shall notify the congressional defense 
committees of those procedures before any exercise of that 
authority.
    (c) Notification.--Upon using the authority provided in 
subsection (a) to make funds available for support of an 
approved military operation, the Secretary of Defense shall 
notify the congressional defense committees expeditiously, and 
in any event in not less than 48 hours, of the use of such 
authority with respect to that operation. Such a notification 
need be provided only once with respect to any such operation. 
Any such notification shall be in writing.
    (d) Limitation on Delegation.--The authority of the 
Secretary of Defense to make funds available under subsection 
(a) for support of a military operation may not be delegated.
    (e) Intelligence Activities.--This section does not 
constitute authority to conduct a covert action, as such term 
is defined in section 503(e) of the National Security Act of 
1947 (50 U.S.C. 413b(e)).
    (f) Annual Report.--Not later than 30 days after the close 
of each fiscal year during which subsection (a) is in effect, 
the Secretary of Defense shall submit to the congressional 
defense committees a report on support provided under that 
subsection during that fiscal year. Each such report shall 
describe the support provided, including a statement of the 
recipient of the support and the amount obligated to provide 
the support.
    (g) Fiscal Year 2005 Limitation.--Support may be provided 
under subsection (a) during fiscal year 2005 only from funds 
made available for operations and maintenance pursuant to title 
XV of this Act.
    (h) Period of Authority.--The authority under subsection 
(a) is in effect during each of fiscal years 2005 through 2007.

                Subtitle B--Counterproliferation Matters

SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.

    (a) International Security Program to Prevent Unauthorized 
Transfer and Transportation of WMDs.--Subsection (b) of section 
1424 of the Defense Against Weapons of Mass Destruction Act of 
1996 (50 U.S.C. 2333) is amended to read as follows: * * *
    (b) International Training Program to Deter WMD 
Proliferation.--Section 1504(e)(3)(A) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2918) is amended--* * *

SEC. 1212.\16\ POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF 
                    BALLISTIC MISSILES.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2797 note.
---------------------------------------------------------------------------
          (1) Certain countries are seeking to acquire 
        ballistic missiles and related technologies that could 
        be used to attack the United States or place at risk 
        United States interests, deployed members of the Armed 
        Forces, and allies of the United States and other 
        friendly foreign countries.
          (2) Certain countries continue to actively transfer 
        or sell ballistic missile technologies in contravention 
        of standards of behavior established by the United 
        States and allies of the United States and other 
        friendly foreign countries.
          (3) The spread of ballistic missiles and related 
        technologies worldwide has been slowed by a combination 
        of national and international export controls, forward-
        looking diplomacy, and multilateral interdiction 
        activities to restrict the development and transfer of 
        such missiles and technologies.
    (b) Policy.--It is the policy of the United States to 
develop, support, and strengthen international accords and 
other cooperative efforts to curtail the proliferation of 
ballistic missiles and related technologies which could 
threaten the territory of the United States, allies of the 
United States and other friendly foreign countries, and 
deployed members of the Armed Forces of the United States with 
weapons of mass destruction.
    (c) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should vigorously pursue 
        foreign policy initiatives aimed at eliminating, 
        reducing, or retarding the proliferation of ballistic 
        missiles and related technologies; and
          (2) the United States and the international community 
        should continue to support and strengthen established 
        international accords and other cooperative efforts, 
        including United Nations Security Council Resolution 
        1540 (April 28, 2004) and the Missile Technology 
        Control Regime, that are designed to eliminate, reduce, 
        or retard the proliferation of ballistic missiles and 
        related technologies.

SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE 
                    SPREAD OF WEAPONS OF MASS DESTRUCTION.

    (a) Commendation of President.--Congress commends the 
President for the steps taken at the G-8 summit at Sea Island, 
Georgia, on June 8-10, 2004--
          (1) to demonstrate continued support for the Global 
        Partnership against the Spread of Nuclear Weapons and 
        Materials of Mass Destruction; and
          (2) to expand the Partnership (A) by welcoming new 
        members, and (B) by using the Partnership to coordinate 
        nonproliferation projects in Libya, Iraq, and other 
        countries.
    (b) Future Actions.--It is the sense of Congress that the 
President should seek to--
          (1) expand the membership of donor nations to the 
        Global Partnership against the Spread of Nuclear 
        Weapons and Materials of Mass Destruction;
          (2) ensure that the Russian Federation remains the 
        primary focus of the Partnership, but also seek to 
        fund, through the Partnership, efforts in other 
        countries that need assistance to secure or dismantle 
        their own potentially vulnerable weapons or materials;
          (3) develop for the Partnership clear program goals;
          (4) develop for the Partnership transparent project 
        prioritization and planning;
          (5) develop for the Partnership project 
        implementation milestones under periodic review;
          (6) develop under the Partnership agreements between 
        partners for project implementation; and
          (7) give high priority and senior-level attention to 
        resolving disagreements on site access and worker 
        liability under the Partnership.

SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A 
                    LAUNCH OF RUSSIAN NUCLEAR WEAPONS.

    Not later than November 1, 2005, the Secretary of Defense 
shall submit to Congress a report on collaborative measures 
between the United States and the Russian Federation to reduce 
the risks of a launch of a nuclear-armed ballistic missile as a 
result of accident, misinformation, miscalculation, or 
unauthorized use. The report shall provide--
          (1) a description and assessment of the collaborative 
        measures that are currently in effect;
          (2) a description and assessment of other 
        collaborative measures that could be pursued in the 
        future;
          (3) an assessment of the potential contributions of 
        such collaborative measures to the national security of 
        the United States;
          (4) an assessment of the effect of such collaborative 
        measures on relations between the United States and the 
        Russian Federation;
          (5) a description of the obstacles and opportunities 
        associated with pursuing such collaborative measures; 
        and
          (6) an assessment of the future of the Joint Data 
        Exchange Center.

                       Subtitle C--Other Matters

SEC. 1221. AUTHORITY FOR HUMANITARIAN ASSISTANCE FOR THE DETECTION AND 
                    CLEARANCE OF LANDMINES EXTENDED TO INCLUDE OTHER 
                    EXPLOSIVE REMNANTS OF WAR.

    (a) Extension of Authority.--Subsection (e)(5) of section 
401 of title 10, United States Code, is amended * * *
    (b) Conforming Amendments.--* * *

SEC. 1222. EXPANSION OF ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA 
                    SUBJECT TO CERTAIN PRESIDENTIAL AUTHORITIES WHEN 
                    OPERATING IN THE UNITED STATES.

    Section 1237(b)(4)(B)(i) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 
note) is amended--* * *

SEC. 1223. ASSIGNMENT OF NATO NAVAL PERSONNEL TO SUBMARINE SAFETY 
                    PROGRAMS.

    (a) In General.--Chapter 631 of title 10, United States 
Code, is amended by adding at the end the following new 
section:

``Sec. 7234. Submarine safety programs: participation of NATO naval 
                    personnel * * *''

SEC. 1224. AVAILABILITY OF WARSAW INITIATIVE FUNDS FOR NEW NATO 
                    MEMBERS.

    (a) Availability of Funds.--Of the amount authorized to be 
appropriated by section 301(5) for operation and maintenance, 
defense-wide activities, and available for the Defense Security 
Cooperation Agency for the Warsaw Initiative Funds (WIF), 
$4,000,000 may be available only in fiscal year 2005 for the 
participation of the North Atlantic Treaty Organization (NATO) 
members set forth in subsection (b) in the exercises and 
programs of the Partnership for Peace program of the North 
Atlantic Treaty Organization.
    (b) NATO Members.--The North Atlantic Treaty Organization 
members set forth in this subsection are as follows:
          (1) Bulgaria.
          (2) Estonia.
          (3) Latvia.
          (4) Lithuania.
          (5) Romania.
          (6) Slovakia.
          (7) Slovenia.

SEC. 1225.\17\ BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTICLES AND 
                    DEFENSE SERVICES BETWEEN THE UNITED STATES AND THE 
                    UNITED KINGDOM AND AUSTRALIA.

    (a) Policy.--It is the policy of Congress that bilateral 
exchanges and trade in defense articles and defense services 
between the United States and the United Kingdom and Australia 
are in the national security interest of the United States and 
that such exchanges and trade should be subjected to 
accelerated review and processing consistent with national 
security and the requirements of the Arms Export Control Act 
(22 U.S.C. 2751 et seq.).
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
    (b) Requirement.--The Secretary of State shall ensure that 
any license application submitted for the export of defense 
articles or defense services to Australia or the United Kingdom 
is expeditiously processed by the Department of State, in 
consultation with the Department of Defense, without referral 
to any other Federal department or agency, except where the 
item is classified or exceptional circumstances apply.
    (c) Regulations.--The President shall ensure that 
regulations are prescribed to implement this section.

SEC. 1226. STUDY ON MISSILE DEFENSE COOPERATION.

    (a) Requirement for Study.--The Secretary of Defense, in 
consultation with the Secretary of State, shall carry out a 
study to determine the advisability of authorizing or 
requiring--
          (1) the Secretary of State to establish procedures 
        for considering technical assistance agreements and 
        related amendments and munitions license applications 
        for the export of defense items related to missile 
        defense not later than 30 days after receiving such 
        agreements, amendments, and munitions license 
        applications, except in cases in which the Secretary of 
        State determines that additional time is required to 
        complete a review of a technical assistance agreement 
        or related amendment or a munitions license application 
        for foreign policy or national security reasons, 
        including concerns regarding the proliferation of 
        ballistic missile technology; and
          (2) the Secretary of Defense to establish procedures 
        to increase the efficiency and transparency of the 
        practices used by the Department of Defense to review 
        technical assistance agreements and related amendments 
        and munitions license applications related to 
        international cooperation on missile defense that are 
        referred to the Department.
    (b) Feasibility of Requiring Comprehensive Authorizations 
for Missile Defense.--In carrying out the study under 
subsection (a), the Secretary of Defense, in consultation with 
the Secretary of State, shall examine the feasibility of 
providing major project authorizations for programs related to 
missile defense similar to the comprehensive export 
authorization specified in section 126.14 of the International 
Traffic in Arms Regulations (section 126.14 of title 22, Code 
of Federal Regulations).
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall, in 
consultation with the Secretary of State, submit to the 
Committee on Armed Services and the Committee on Foreign 
Relations of the Senate and the Committee on Armed Services and 
the Committee on International Relations of the House of 
Representatives a report on the results of the study under 
subsection (a). The report shall include--
          (1) the determinations resulting from the study, 
        including a determination on the feasibility of 
        providing the major project authorization for projects 
        related to missile defense described in subsection (b); 
        and
          (2) a discussion of the justification for each such 
        determination.
    (d) Definition of Defense Items.--In this section, the term 
``defense items'' has the meaning given that term in section 
38(j)(4)(A) of the Arms Export Control Act (22 U.S.C. 
2778(j)(4)(A)).

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                           SOVIET UNION \18\

          * * * * * * *
---------------------------------------------------------------------------
    \18\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------

  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize emergency 
appropriations for the Department of Defense for fiscal year 
2005 to provide funds for additional costs due to Operation 
Iraqi Freedom and Operation Enduring Freedom. Funds in this 
title are available upon the enactment of this Act.

SEC. 1502. ARMY PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for procurement accounts of the Army in amounts as 
follows:
          (1) For weapons and tracked combat vehicles, 
        $50,000,000.
          (2) For ammunition, $110,000,000.
          (3) For other procurement, $755,000,000.
          (4) For National Guard and Reserve equipment, 
        $50,000,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

    (a) Marine Corps.--Funds are hereby authorized to be 
appropriated for fiscal year 2005 for the procurement account 
for the Marine Corps in the amount of $150,000,000.
    (b) Navy and Marine Corps Ammunition.--Funds are hereby 
authorized to be appropriated for fiscal year 2005 for the 
procurement account for ammunition for the Navy and the Marine 
Corps in the amount of $30,000,000.

SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the procurement account for Defense-wide 
procurement in the amount of $50,000,000.

SEC. 1505. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the use of the Armed Forces for expenses, not 
otherwise provided for, operation and maintenance, in amounts 
as follows:
          (1) For the Army, $13,550,000,000.
          (2) For the Navy, $367,000,000.
          (3) For the Marine Corps, $1,665,000,000.
          (4) For the Air Force, $419,000,000.
          (5) For Defense-wide, $404,000,000.

SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal 
year 2005 for Defense Working Capital Program in the amount of 
$1,478,000,000.

SEC. 1507. IRAQ FREEDOM FUND.

    (a) In General.--Funds are hereby authorized to be 
appropriated for fiscal year 2005 for the account of the Iraq 
Freedom Fund in amount of $3,892,000,000, to remain available 
for transfer to other accounts in this title until September 
30, 2006. Amounts of authorization so transferred shall be 
merged with and be made available for the same purposes as the 
authorization to which transferred. Of the amounts provided in 
this section $1,800,000,000 shall only be used for classified 
programs.
    (b) Notice to Congress.--A transfer may be made from the 
Iraq Freedom Fund only after the Secretary of Defense notifies 
the congressional defense committees with respect to the 
proposed transfer in writing not less than five days before the 
transfer is made.

SEC. 1508. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2005 for expenses, not 
otherwise provided for, the Defense Health Program, in the 
amount of $780,000,000, for Operation and Maintenance.

SEC. 1509. MILITARY PERSONNEL.

    There is hereby authorized to be appropriated to the 
Department of Defense for military personnel accounts for 
fiscal year 2005 a total of $1,250,000,000.

SEC. 1510. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are 
in addition to amounts otherwise authorized to be appropriated 
by this Act.

SEC. 1511. TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--(1) Upon 
determination by the Secretary of Defense that such action is 
necessary in the national interest, the Secretary may transfer 
amounts of authorizations made available to the Department of 
Defense in this title for fiscal year 2005 between any such 
authorizations for that fiscal year (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
    (2) The total amount of authorizations that the Secretary 
may transfer under the authority of this section may not exceed 
$1,500,000,000. The transfer authority provided in this section 
is in addition to any other transfer authority available to the 
Secretary of Defense.
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
          (1) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred;
          (2) may not be used to provide authority for an item 
        that has been denied authorization by Congress; and
          (3) may not be combined with the authority under 
        section 1001.
    (c) Effect on Authorization Amounts.--A transfer made from 
one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the 
account to which the amount is transferred by an amount equal 
to the amount transferred.
    (d) Notice to Congress.--A transfer may be made under the 
authority of this section only after the Secretary of Defense--
          (1) consults with the chairmen and ranking members of 
        the congressional defense committees with respect to 
        the proposed transfer; and
          (2) after such consultation, notifies those 
        committees in writing of the proposed transfer not less 
        than five days before the transfer is made.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                   Subtitle C--Proliferation Matters

SEC. 3131.\19\ MODIFICATION OF AUTHORITY TO USE INTERNATIONAL NUCLEAR 
                    MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS 
                    OUTSIDE THE FORMER SOVIET UNION.

    (a) Applicability of Authority Limited to Projects Not 
Previously Authorized.--Subsection (a) of section 3124 of the 
National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136; 117 Stat. 1747) is amended * * *
---------------------------------------------------------------------------
    \19\ 50 U.S.C. 2568.
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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.
---------------------------------------------------------------------------
    \20\ 50 U.S.C. 2569.
---------------------------------------------------------------------------
    (2) It is the sense of Congress that the President may 
establish in the Department of Energy a task force to be known 
as the Task Force on Nuclear Materials to carry out the program 
authorized by subsection (b).
    (b) Program Authorized.--The Secretary of Energy may carry 
out a program to undertake an accelerated, comprehensive 
worldwide effort to mitigate the threats posed by high-risk, 
proliferation-attractive fissile materials, radiological 
materials, and related equipment located at sites potentially 
vulnerable to theft or diversion.
    (c) Program Elements.--(1) Activities under the program 
under subsection (b) may include the following:
          (A) Accelerated efforts to secure, remove, or 
        eliminate proliferation-attractive fissile materials or 
        radiological materials in research reactors, other 
        reactors, and other facilities worldwide.
          (B) Arrangements for the secure shipment of 
        proliferation-attractive fissile materials, 
        radiological materials, and related equipment to other 
        countries willing to accept such materials and 
        equipment, or to the United States if such countries 
        cannot be identified, and the provision of secure 
        storage or disposition of such materials and equipment 
        following shipment.
          (C) The transportation of proliferation-attractive 
        fissile materials, radiological materials, and related 
        equipment from sites identified as proliferation risks 
        to secure facilities in other countries or in the 
        United States.
          (D) The processing and packaging of proliferation-
        attractive fissile materials, radiological materials, 
        and related equipment in accordance with required 
        standards for transport, storage, and disposition.
          (E) The provision of interim security upgrades for 
        vulnerable, proliferation-attractive fissile materials, 
        radiological materials, and related equipment pending 
        their removal from their current sites.
          (F) The utilization of funds to upgrade security and 
        accounting at sites where proliferation-attractive 
        fissile materials or radiological materials will remain 
        for an extended period of time in order to ensure that 
        such materials are secure against plausible potential 
        threats and will remain so in the future.
          (G) The management of proliferation-attractive 
        fissile materials, radiological materials, and related 
        equipment at secure facilities.
          (H) Actions to ensure that security, including 
        security upgrades at sites and facilities for the 
        storage or disposition of proliferation-attractive 
        fissile materials, radiological materials, and related 
        equipment, continues to function as intended.
          (I) The provision of technical support to the 
        International Atomic Energy Agency (IAEA), other 
        countries, and other entities to facilitate removal of, 
        and security upgrades to facilities that contain, 
        proliferation-attractive fissile materials, 
        radiological materials, and related equipment 
        worldwide.
          (J) The development of alternative fuels and 
        irradiation targets based on low-enriched uranium to 
        convert research or other reactors fueled by highly-
        enriched uranium to such alternative fuels, as well as 
        the conversion of reactors and irradiation targets 
        employing highly-enriched uranium to employment of such 
        alternative fuels and targets.
          (K) Accelerated actions for the blend down of highly-
        enriched uranium to low-enriched uranium.
          (L) The provision of assistance in the closure and 
        decommissioning of sites identified as presenting risks 
        of proliferation of proliferation-attractive fissile 
        materials, radiological materials, and related 
        equipment.
          (M) Programs to--
                  (i) assist in the placement of employees 
                displaced as a result of actions pursuant to 
                the program in enterprises not representing a 
                proliferation threat; and
                  (ii) convert sites identified as presenting 
                risks of proliferation regarding proliferation-
                attractive fissile materials, radiological 
                materials, and related equipment to purposes 
                not representing a proliferation threat to the 
                extent necessary to eliminate the proliferation 
                threat.
    (2) The Secretary of Energy shall, in coordination with the 
Secretary of State, carry out the program in consultation with, 
and with the assistance of, appropriate departments, agencies, 
and other entities of the United States Government.
    (3) The Secretary of Energy shall, with the concurrence of 
the Secretary of State, carry out activities under the program 
in collaboration with such foreign governments, non-
governmental organizations, and other international entities as 
the Secretary of Energy considers appropriate for the program.
    (d) Reports.--(1) Not later than March 15, 2005, the 
Secretary of Energy shall submit to Congress a classified 
interim report on the program under subsection (b).
    (2) Not later than January 1, 2006, the Secretary shall 
submit to Congress a classified final report on the program 
under subsection (b) that includes the following:
          (A) A survey by the Secretary of the facilities and 
        sites worldwide that contain proliferation-attractive 
        fissile materials, radiological materials, or related 
        equipment.
          (B) A list of sites determined by the Secretary to be 
        of the highest priority, taking into account risk of 
        theft from such sites, for removal or security of 
        proliferation-attractive fissile materials, 
        radiological materials, or related equipment, organized 
        by level of priority.
          (C) A plan, including activities under the program 
        under this section, for the removal, security, or both 
        of proliferation-attractive fissile materials, 
        radiological materials, or related equipment at 
        vulnerable facilities and sites worldwide, including 
        measurable milestones, metrics, and estimated costs for 
        the implementation of the plan.
    (3) A summary of each report under this subsection shall 
also be submitted to Congress in unclassified form.
    (e) Funding.--Amounts authorized to be appropriated to the 
Secretary of Energy for defense nuclear nonproliferation 
activities shall be available for purposes of the program under 
this section.
    (f) Definitions.--In this section:
          (1) The term ``fissile materials'' means plutonium, 
        highly-enriched uranium, or other material capable of 
        sustaining an explosive nuclear chain reaction, 
        including irradiated items containing such materials if 
        the radiation field from such items is not sufficient 
        to prevent the theft or misuse of such items.
          (2) The term ``radiological materials'' includes 
        Americium-241, Californium-252, Cesium-137, Cobalt-60, 
        Iridium-192, Plutonium-238, Radium-226, Strontium-90, 
        Curium-244, and irradiated items containing such 
        materials, or other materials designated by the 
        Secretary of Energy for purposes of this paragraph.
          (3) The term ``related equipment'' includes equipment 
        useful for enrichment of uranium in the isotope 235 and 
        for extraction of fissile materials from irradiated 
        fuel rods and other equipment designated by the 
        Secretary of Energy for purposes of this section.
          (4) The term ``highly-enriched uranium'' means 
        uranium enriched to or above 20 percent in the isotope 
        235.
          (5) The term ``low-enriched uranium'' means uranium 
        enriched below 20 percent in the isotope 235.
          (6) The term ``proliferation-attractive'', in the 
        case of fissile materials and radiological materials, 
        means quantities and types of such materials that are 
        determined by the Secretary of Energy to present a 
        significant risk to the national security of the United 
        States if diverted to a use relating to proliferation.

SEC. 3133.\21\ SILK ROAD INITIATIVE.

    (a) Program Authorized.--(1) The Secretary of Energy may 
carry out a program, to be known as the Silk Road Initiative, 
to promote non-weapons-related employment opportunities for 
scientists, engineers, and technicians formerly engaged in 
activities to develop and produce weapons of mass destruction 
in Silk Road nations. The program should--
---------------------------------------------------------------------------
    \21\ 50 U.S.C. 2570.
---------------------------------------------------------------------------
          (A) incorporate best practices under the Initiatives 
        for Proliferation Prevention program; and
          (B) facilitate commercial partnerships between 
        private entities in the United States and scientists, 
        engineers, and technicians in the Silk Road nations.
    (2) Before implementing the program with respect to 
multiple Silk Road nations, the Secretary of Energy shall carry 
out a pilot program with respect to one Silk Road nation 
selected by the Secretary. It is the sense of Congress that the 
Secretary should select the Republic of Georgia.
    (b) Silk Road Nations Defined.--In this section, the Silk 
Road nations are Armenia, Azerbaijan, the Republic of Georgia, 
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
Uzbekistan.
    (c) Funding.--Of the funds authorized to be appropriated to 
the Department of Energy for nonproliferation and international 
security for fiscal year 2005, up to $10,000,000 may be used to 
carry out this section.

SEC. 3134.\22\ NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS 
                    EMPLOYED BY UNITED STATES AND RUSSIAN FEDERATION.

    (a) In General.--(1) From amounts made available to carry 
out this section, the Administrator for Nuclear Security may 
carry out a program under which the Administrator awards, to 
scientists employed at nonproliferation research laboratories 
of the Russian Federation and the United States, international 
exchange fellowships, to be known as Nuclear Nonproliferation 
Fellowships, in the nuclear nonproliferation sciences.
---------------------------------------------------------------------------
    \22\ 50 U.S.C. 2571.
---------------------------------------------------------------------------
    (2) The purpose of the program shall be to provide 
opportunities for advancement in the nuclear nonproliferation 
sciences to scientists who, as demonstrated by their academic 
or professional achievements, show particular promise of making 
significant contributions in those sciences.
    (3) A fellowship awarded to a scientist under the program 
shall be for collaborative study and training or advanced 
research at--
          (A) a nonproliferation research laboratory of the 
        Russian Federation, in the case of a scientist employed 
        at a nonproliferation research laboratory of the United 
        States; and
          (B) a nonproliferation research laboratory of the 
        United States, in the case of a scientist employed at a 
        nonproliferation research laboratory of the Russian 
        Federation.
    (4) The duration of a fellowship under the program may not 
exceed two years, except that the Administrator may provide for 
a longer duration in an individual case to the extent warranted 
by extraordinary circumstances, as determined by the 
Administrator.
    (5) In a calendar year, the Administrator may not award 
more than--
          (A) one fellowship to a scientist employed at a 
        nonproliferation research laboratory of the Russian 
        Federation; and
          (B) one fellowship to a scientist employed at a 
        nonproliferation research laboratory of the United 
        States.
    (6) A fellowship under the program shall include--
          (A) travel expenses; and
          (B) any other expenses that the Administrator 
        considers appropriate, such as room and board.
    (b) Definitions.--In this section:
          (1) The term ``nonproliferation research laboratory'' 
        means, with respect to a country, a national laboratory 
        of that country at which research in the nuclear 
        nonproliferation sciences is carried out.
          (2) The term ``nuclear nonproliferation sciences'' 
        means bodies of scientific knowledge relevant to 
        developing or advancing the means to prevent or impede 
        the proliferation of nuclear weaponry.
          (3) The term ``scientist'' means an individual who 
        has a degree from an institution of higher education in 
        a science that has practical application in the nuclear 
        nonproliferation sciences.
    (c) Funding.--Amounts available to the Department of Energy 
for defense nuclear nonproliferation activities shall be 
available for the fellowships authorized by subsection (a).

SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE 
                    ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION 
                    PROGRAM.

    Section 3151 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 
Stat. 2736; 22 U.S.C. 5952 note) is amended * * *
          * * * * * * *
           f. Department of Defense Appropriations Act, 2005

Partial text of Public Law 108-287 [H.R. 4613], 118 Stat. 951, approved 
 August 5, 2004; amended by Public Law 108-324 [Military Construction 
Appropriations and Emergency Hurricane Supplemental Appropriations Act, 
      2005; H.R. 4837], 118 Stat. 1220, approved October 13, 2004

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, for military functions administered 
by the Department of Defense, and for other purposes, namely:

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 8018.\1\ Notwithstanding any other provision of law, 
during the current fiscal year and hereafter, the Secretary of 
Defense may, by executive agreement, establish with host nation 
governments in NATO member states a separate account into which 
such residual value amounts negotiated in the return of United 
States military installations in NATO member states may be 
deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: 
Provided, That such credits may be utilized only for the 
construction of facilities to support United States military 
forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through 
monetary transfers to such host nations: Provided further, That 
the Department of Defense's budget submission for subsequent 
fiscal years shall identify such sums anticipated in residual 
value settlements, and identify such construction, real 
property maintenance or base operating costs that shall be 
funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed 
from such accounts must be previously approved in a prior Act 
of Congress: Provided further, That each such executive 
agreement with a NATO member host nation shall be reported to 
the congressional defense committees, the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate 30 days prior to 
the conclusion and endorsement of any such agreement 
established under this provision.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 2687 note.
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          * * * * * * *
    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.
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          * * * * * * *

                                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.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2004 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (18) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $59,000,000.
          (19) For Cooperative Threat Reduction programs, 
        $450,800,000.
          (20) Overseas Contingencies Program, $5,000,000.
          * * * * * * *

                  Subtitle B--Environmental Provisions

          * * * * * * *
---------------------------------------------------------------------------
    \1\ Sec. 312 amended 10 U.S.C. 402 and 404.
---------------------------------------------------------------------------

SEC. 312. CLARIFICATION OF DEPARTMENT OF DEFENSE RESPONSE TO 
                    ENVIRONMENTAL EMERGENCIES.* * * \1\

          * * * * * * *

SEC. 324. COMPTROLLER GENERAL REVIEW OF ARCTIC MILITARY ENVIRONMENTAL 
                    COOPERATION PROGRAM.

    (a) Requirement for Review.--The Comptroller General shall 
conduct a review of the Arctic Military Environmental 
Cooperation program, including--
          (1) the current and proposed technology development 
        and demonstration role of the program in United States 
        nonproliferation efforts; and
          (2) the relationship of the program to the 
        Cooperative Threat Reduction Program specified in 
        section 1501(b) of the National Defense Authorization 
        Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
        2731; 50 U.S.C. 2362 note).
    (b) Elements of Review.--The review shall include an 
assessment of the following:
          (1) Whether the conditions in the Western Pacific 
        region require an expansion of the Arctic Military 
        Environmental Cooperation program to include that 
        region.
          (2) The extent to which foreign countries, including 
        Russia, make financial contributions to the program.
          (3) The extent to which the Cooperative Threat 
        Reduction Program and the G-8 Global Partnership 
        Against the Spread of Weapons and Materials of Mass 
        Destruction Initiative use the program.
          (4) Whether the program is important to the 
        disarmament and nonproliferation functions of the 
        Cooperative Threat Reduction Program.
          (5) Future-year funding and program plans of the 
        Department of Defense for the program.
    (c) Report on Review.--Not later than May 1, 2004, the 
Comptroller General shall submit to Congress a report 
containing the results of the review.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401. \2\ END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2004, as follows:
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 115 note.
---------------------------------------------------------------------------
          (1) The Army, 482,400.
          (2) The Navy, 373,800.
          (3) The Marine Corps, 175,000.
          (4) The Air Force, 359,300.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                    LEVELS.

    Section 691(b) of title 10, United States Code, is amended 
as follows: * * *
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                    2003.

    (a) DOD and DOE Authorizations.--Amounts authorized to be 
appropriated to the Department of Defense and the Department of 
Energy for fiscal year 2003 in the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107-314) are 
hereby adjusted, with respect to any such authorized amount, by 
the amount by which appropriations pursuant to such 
authorization are increased (by a supplemental appropriation) 
or decreased (by a rescission), or both, or are increased by a 
transfer of funds, pursuant to title I of Public Law 108-11.
    (b) Report on Fiscal Year 2003 Transfers.--Not later than 
30 days after the end of each fiscal quarter for which 
unexpended balances of funds appropriated under title I of 
Public Law 108-11 are available for the Department of Defense, 
the Secretary of Defense shall submit to the congressional 
defense committees a report stating, for each transfer of such 
funds during such fiscal quarter of an amount provided for the 
Department of Defense through a so-called ``transfer account'', 
including the Iraqi Freedom Fund or any other similar account--
          (1) the amount of the transfer;
          (2) the appropriation account to which the transfer 
        was made; and
          (3) the specific purpose for which the transferred 
        funds were used or are to be used.

SEC. 1004. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                    2004.

    (a) Department of Defense Authorizations.--Amounts 
authorized to be appropriated to the Department of Defense for 
fiscal year 2004 in this Act are hereby increased, with respect 
to any such amount, by the amount by which the corresponding 
appropriation account of the Department of Defense for fiscal 
year 2004 is increased by a supplemental appropriation, or by a 
transfer of funds, pursuant to title I of the Emergency 
Supplemental Appropriations Act for Defense and for the 
Reconstruction of Iraq and Afghanistan, 2004.
    (b) Designation as Emergency.--Amounts by which 
authorizations of appropriations are increased in accordance 
with subsection (a) are designated as emergency requirements 
pursuant to section 502 of House Concurrent Resolution 95 of 
the 108th Congress.
          * * * * * * *

SEC. 1006. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES PROVIDED TO 
                    DEPARTMENT OF STATE.

    (a) Authority.--Subsection (a) of section 2642 of title 10, 
United States Code, is amended--
          (1) by striking ``(a) Authority'' and all that 
        follows through ``the Department of Defense'' the 
        second place it appears and inserting the following:
    ``(a) Authority.--The Secretary of Defense may authorize 
the use of the Department of Defense reimbursement rate for 
military airlift services provided by a component of the 
Department of Defense as follows:
          ``(1) For military airlift services provided''; and
          (2) by adding at the end the following new paragraph:
          ``(2) For military airlift services provided to the 
        Department of State for the transportation of armored 
        motor vehicles to a foreign country to meet 
        requirements of the Department of State for armored 
        motor vehicles associated with the overseas travel of 
        the Secretary of State in that country.''.
    (b) Clerical Amendments.--* * *

SEC. 1007.\3\ LIMITATION ON PAYMENT OF FACILITIES CHARGES ASSESSED BY 
                    DEPARTMENT OF STATE.

    (a) Costs of Goods and Services Provided to Department of 
State.--Funds appropriated for the Department of Defense may be 
transferred to the Department of State as remittance for a fee 
charged to the Department of Defense by the Department of State 
for any year for the maintenance, upgrade, or construction of 
United States diplomatic facilities only to the extent that the 
amount charged (when added to other amounts previously so 
charged for that fiscal year) exceeds the total amount of the 
unreimbursed costs incurred by the Department of Defense during 
that year in providing goods and services to the Department of 
State.
---------------------------------------------------------------------------
    \3\ 10 U.S.C. 2241 note.
---------------------------------------------------------------------------
    (b) Effective Date.--Subsection (a) shall take effect as of 
October 1, 2003.
          * * * * * * *

                    Subtitle C--Counterdrug Matters

SEC. 1021. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL 
                    SUPPORT FOR COUNTER-DRUG ACTIVITIES. * * * \4\

SEC. 1022.\5\ AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW 
                    ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM 
                    ACTIVITIES.

    (a) Authority.--A joint task force of the Department of 
Defense that provides support to law enforcement agencies 
conducting counter-drug activities may also provide, subject to 
all applicable laws and regulations, support to law enforcement 
agencies conducting counter-terrorism activities.
---------------------------------------------------------------------------
    \4\ Sec. 1021 amended sec. 1033 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1881).
    \5\ 10 U.S.C. 371 note.
---------------------------------------------------------------------------
    (b) \6\ Availability of Funds.--During fiscal years 2006 
and 2007, funds available to a joint task force to support 
counter-drug activities may also be used to provide the 
counter-terrorism support authorized by subsection (a).
---------------------------------------------------------------------------
    \6\ Sec. 1022 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3427) redesignated subsec. (b) 
as subsec. (d), and added new subsecs. (b) and (c).
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    (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.
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    \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.
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    \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.
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    \9\ 10 U.S.C. 113 note.
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    (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--
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    \10\ 50 U.S.C. app. 2404 note.
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          (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--
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    \11\ 10 U.S.C. 2249c note.
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          (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:
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    \12\ 22 U.S.C. 1928 note.
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          (1) At the meeting of the North Atlantic Council held 
        in Prague in November 2002, the heads of states and 
        governments of the North Atlantic Treaty Organization 
        (NATO) launched a Prague Capabilities Commitment and 
        decided to create a NATO Response Force.
          (2) The Prague Capabilities Commitment is part of the 
        continuing NATO effort to improve and develop new 
        military capabilities for modern warfare in a high-
        threat environment. As part of this commitment, 
        individual NATO allies have made firm and specific 
        political commitments to improve their capabilities in 
        the areas of--
                  (A) chemical, biological, radiological, and 
                nuclear defense;
                  (B) intelligence, surveillance, and target 
                acquisition;
                  (C) air-to-ground surveillance;
                  (D) command, control, and communications;
                  (E) combat effectiveness, including precision 
                guided munitions and suppression of enemy air 
                defenses;
                  (F) strategic air and sea lift;
                  (G) air-to-air refueling; and
                  (H) deployable combat support and combat 
                service support units.
          (3) The NATO Response Force is envisioned to be a 
        technologically advanced, flexible, deployable, 
        interoperable, and sustainable force that includes 
        land, sea, and air elements ready to move quickly to 
        wherever needed, as determined by the North Atlantic 
        Council. The NATO Response Force is also intended to be 
        a catalyst for focusing and promoting improvements in 
        NATO's military capabilities. It is expected to have 
        initial operational capability by October 2004, and 
        full operational capability by October 2006.
    (b) Annual Report.--(1) Not later than January 31 of each 
year through 2008, the Secretary of Defense shall submit to the 
congressional committees specified in paragraph (5) a report, 
to be prepared in consultation with the Secretary of State, on 
implementation of the Prague Capabilities Commitment and 
development of the NATO Response Force by the member nations of 
the North Atlantic Treaty Organization (NATO).
    (2) The annual report under this subsection shall include 
the following matters:
          (A) A description of the actions taken by NATO as a 
        whole and by each member nation of NATO other than the 
        United States to further the Prague Capabilities 
        Commitment, including any actions taken to improve 
        capability shortfalls in the areas identified for 
        improvement.
          (B) A description of the actions taken by NATO as a 
        whole and by each member nation of NATO, including the 
        United States, to create the NATO Response Force.
          (C) A discussion of the relationship between NATO's 
        efforts to improve capabilities through the Prague 
        Capabilities Commitment and those of the European Union 
        to enhance European capabilities through the European 
        Capabilities Action Plan, including the extent to which 
        they are mutually reinforcing.
          (D) A discussion of NATO decisionmaking on the 
        implementation of the Prague Capabilities Commitment 
        and the development of the NATO Response Force, 
        including--
                  (i) an assessment of whether the Prague 
                Capabilities Commitment and the NATO Response 
                Force are the sole jurisdiction of the Defense 
                Planning Committee, the North Atlantic Council, 
                or the Military Committee;
                  (ii) a description of the circumstances which 
                led to the defense, military, security, and 
                nuclear decisions of NATO on matters such as 
                the Prague Capabilities Commitment and the NATO 
                Response Force being made in bodies other than 
                the Defense Planning Committee;
                  (iii) a description of the extent to which 
                any member that does not participate in the 
                integrated military structure of NATO 
                contributes to each of the component committees 
                of NATO, including any and all committees 
                relevant to the Prague Capabilities Commitment 
                and the NATO Response Force;
                  (iv) a description of the extent to which any 
                member that does not participate in the 
                integrated military structure of NATO 
                participates in deliberations and decisions of 
                NATO on resource policy, contribution ceilings, 
                infrastructure, force structure, modernization, 
                threat assessments, training, exercises, 
                deployments, and other issues related to the 
                Prague Capabilities Commitment or the NATO 
                Response Force;
                  (v) a description and assessment of the 
                impediments, if any, that would preclude or 
                limit NATO from conducting deliberations and 
                making decisions on matters such as the Prague 
                Capabilities Commitment or the NATO Response 
                Force solely in the Defense Planning Committee; 
                and
                  (vi) the recommendations of the Secretary of 
                Defense on streamlining defense, military, and 
                security decisionmaking within NATO relating to 
                the Prague Capabilities Commitment, the NATO 
                Response Force, and other matters, including an 
                assessment of the feasibility and advisability 
                of the greater utilization of the Defense 
                Planning Committee for such purposes.
    (3) In the case of a report under this subsection after the 
first such report, the information submitted in such report 
under any of clauses (i) through (vi) of subparagraph (D) of 
paragraph (2) may consist solely of an update of any 
information previously submitted under that clause in a 
preceding report under this subsection.
    (4) Each report under this subsection shall be submitted in 
unclassified form, but may also be submitted in classified form 
if necessary.
    (5) The committees specified in this paragraph are--
          (A) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate; and
          (B) the Committee on Armed Services and the Committee 
        on International Relations of the House of 
        Representatives.

SEC. 1232. REPORT ON ACTIONS THAT COULD BE TAKEN REGARDING COUNTRIES 
                    THAT INITIATE CERTAIN LEGAL ACTIONS AGAINST UNITED 
                    STATES OFFICIALS OR MEMBERS OF THE ARMED FORCES.

    (a) Finding.--Congress finds that actions for or on behalf 
of a foreign government that constitute attempts to commence 
legal proceedings against, or attempts to compel the appearance 
of or production of documents from, any current or former 
official or employee of the United States or member of the 
Armed Forces of the United States relating to the performance 
of official duties, other than pursuant to a status of forces 
agreement or other international agreement to which the United 
States is a party, may have a negative effect on the ability of 
the United States to take necessary and timely military action.
    (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on appropriate steps that could be taken by 
the Department of Defense (such as restrictions on military 
travel, limitations on military support and exchange programs, 
and consideration of relocating, or limiting funding for, 
United States or allied military commands, headquarters, or 
organizations) to respond to an action by a foreign government 
described in subsection (a).

SEC. 1233. SENSE OF CONGRESS ON REDEPLOYMENT OF UNITED STATES FORCES IN 
                    EUROPE.

    (a) Findings.--Congress makes the following findings:
          (1) In March 1999, in its initial round of expansion, 
        the North Atlantic Treaty Organization (NATO) admitted 
        Poland, the Czech Republic, and Hungary to the 
        Alliance.
          (2) At the Prague Summit on November 21-22, 2002, the 
        NATO heads of state and government invited the 
        countries of Bulgaria, Estonia, Latvia, Lithuania, 
        Romania, Slovakia, and Slovenia to join the Alliance.
          (3) The countries admitted in the initial round of 
        expansion referred to in paragraph (1) and the seven 
        new invitee nations referred to in paragraph (2) will 
        in combination significantly alter the nature of the 
        Alliance.
          (4) During the first 50 years of the Alliance, NATO 
        materially contributed to the security and stability of 
        Western Europe, bringing peace and prosperity to the 
        member nations.
          (5) The expansion of NATO is an opportunity to assist 
        the invitee nations in gaining the capabilities to 
        ensure peace, prosperity, and democracy for themselves 
        during the next 50 years of the Alliance.
          (6) The military structure and mission of NATO has 
        changed, no longer being focused on the threat of a 
        Soviet invasion, but evolving to handle new threats and 
        new missions in the area of crisis management, 
        peacekeeping, and peace-support in and beyond the Euro-
        Atlantic area of operations.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that--
          (1) the expansion of the North Atlantic Treaty 
        Organization Alliance and the evolution of the military 
        mission of that Alliance requires a fundamental 
        reevaluation of the current posture of United States 
        forces stationed in Europe; and
          (2) the Secretary of Defense, in consultation with 
        the Secretary of State, should--
                  (A) initiate a reevaluation referred to in 
                paragraph (1); and
                  (B) in carrying out such a reevaluation, 
                consider a military posture that takes maximum 
                advantage of basing and training opportunities 
                in the newly admitted and invitee states 
                referred to in paragraphs (1) and (2), 
                respectively, of subsection (a).

SEC. 1234. SENSE OF CONGRESS CONCERNING NAVY PORT CALLS IN ISRAEL.

    It is the sense of Congress that--
          (1) the United States has invested significant 
        amounts of funds in expanding the capacity and security 
        of the port of Haifa, Israel, and the United States 
        Navy should be able to implement the necessary force 
        protection measures that would enable it to take 
        advantage of the repair, replenishment, and 
        communications links available at that port;
          (2) the Secretary of Defense and the Secretary of the 
        Navy should conclude discussions with the Government of 
        Israel and the Israel Defense Forces to establish 
        appropriate and effective arrangements to ensure the 
        safety of United States Navy vessels and personnel 
        during port visits to Haifa, Israel; and
          (3) upon such arrangements being made, the United 
        States Navy should consider resumption of regular port 
        visits to Haifa, Israel.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                           SOVIET UNION \13\

          * * * * * * *
---------------------------------------------------------------------------
    \13\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                   Subtitle C--Proliferation Matters

          * * * * * * *

SEC. 3123.\14\ STUDY AND REPORT RELATING TO WEAPONS-GRADE URANIUM AND 
                    PLUTONIUM OF THE INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    (a) Study Required.--The Secretary of Energy shall carry 
out a study on the feasibility, costs, and benefits of--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
          (1) purchasing, from the independent states of the 
        former Soviet Union, weapons-grade uranium and 
        plutonium excess to the defense needs of those states; 
        and
          (2) safeguarding the uranium and plutonium so 
        purchased until rendered unusable for nuclear weapons.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report on the results of the study required by subsection (a).

SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION 
                    AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER 
                    SOVIET UNION.

    (a) Authority.--Subject to the provisions of this section, 
the President may obligate and expend international nuclear 
materials protection and cooperation program funds for a fiscal 
year, and any such funds for a fiscal year before such fiscal 
year that remain available for obligation, for a defense 
nuclear nonproliferation project or activity outside the states 
of the former Soviet Union that has not previously been 
authorized by Congress \15\ if the President determines each of 
the following:
---------------------------------------------------------------------------
    \15\ Sec. 3131(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2165) inserted ``that has not previously been authorized by Congress'' 
after ``states of the former Soviet Union''.
---------------------------------------------------------------------------
          (1) That such project or activity will--
                  (A)(i) assist the United States in the 
                resolution of a critical emerging proliferation 
                threat; or
                  (ii) permit the United States to take 
                advantage of opportunities to achieve long-
                standing nonproliferation goals; and
                  (B) be completed in a short period of time.
          (2) That the Department of Energy is the entity of 
        the Federal Government that is most capable of carrying 
        out such project or activity.
    (b) Scope of Authority.--The authority in subsection (a) to 
obligate and expend funds for a project or activity includes 
authority to provide equipment, goods, and services for such 
project or activity utilizing such funds, but does not include 
authority to provide cash directly to such project or activity.
    (c) \16\ Limitation on Availability of Funds.--(1) The 
President may not obligate funds for a project or activity 
under the authority in subsection (a) until the President makes 
each determination specified in that subsection with respect to 
such project or activity.
---------------------------------------------------------------------------
    \16\ Sec. 3131(b) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2165) struck out subsec. (c), and redesignated subsecs. (d), (e), and 
(f) as subsecs. (c), (d), and (e), respectively. Subsec. (c) had read 
as follows:
    ``(c) Limitation on Total Amount of Obligation.--The amount that 
may be obligated in a fiscal year under the authority in subsection (a) 
may not exceed $50,000,000.''.
---------------------------------------------------------------------------
    (2) Not later than 10 days after obligating funds under the 
authority in subsection (a) for a project or activity, the 
President shall notify Congress in writing of the 
determinations made under paragraph (1) with respect to such 
project or activity, together with--
          (A) a justification for such determinations; and
          (B) a description of the scope and duration of such 
        project or activity.
    (d) \16\ Additional Limitations and Requirements.--Except 
as otherwise provided in subsections (a) and (b), the exercise 
of the authority in subsection (a) shall be subject to any 
requirement or limitation under another provision of law as 
follows:
          (1) Any requirement for prior notice or other reports 
        to Congress on the use of international nuclear 
        materials protection and cooperation program funds or 
        on international nuclear materials protection and 
        cooperation program projects or activities.
          (2) Any limitation on the obligation or expenditure 
        of international nuclear materials protection and 
        cooperation program funds.
          (3) Any limitation on international nuclear materials 
        protection and cooperation program projects or 
        activities.
    (e) \16\ Funds.--As used in this section, the term 
``international nuclear materials protection and cooperation 
program funds'' means the funds appropriated pursuant to an 
authorization of appropriations for the International Nuclear 
Materials Protection and Cooperation Program.\17\
---------------------------------------------------------------------------
    \17\ Sec. 3131(c) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2166) struck out ``the funds appropriated pursuant to the authorization 
of appropriations in section 3101(a)(2) for such program'' and inserted 
in lieu thereof ``the funds appropriated pursuant to an authorization 
of appropriations for the International Nuclear Materials Protection 
and Cooperation Program''.
---------------------------------------------------------------------------

SEC. 3125.\18\ REQUIREMENT FOR ON-SITE MANAGERS.

    (a) On-Site Manager Requirement.--Before obligating any 
defense nuclear nonproliferation funds for a project described 
in subsection (b), the Secretary of Energy shall appoint one 
on-site manager for that project. The manager shall be 
appointed from among employees of the Federal Government.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 5961a.
---------------------------------------------------------------------------
    (b) Projects Covered.--Subsection (a) applies to a 
project--
          (1) to be located in a state of the former Soviet 
        Union;
          (2) which involves dismantlement, destruction, or 
        storage facilities, or construction of a facility; and
          (3) with respect to which the total contribution by 
        the Department of Energy is expected to exceed 
        $50,000,000.
    (c) Duties of On-Site Manager.--The on-site manager 
appointed under subsection (a) shall--
          (1) develop, in cooperation with representatives from 
        governments of countries participating in the project, 
        a list of those steps or activities critical to 
        achieving the project's disarmament or nonproliferation 
        goals;
          (2) establish a schedule for completing those steps 
        or activities;
          (3) meet with all participants to seek assurances 
        that those steps or activities are being completed on 
        schedule; and
          (4) suspend United States participation in a project 
        when a non-United States participant fails to complete 
        a scheduled step or activity on time, unless directed 
        by the Secretary of Energy to resume United States 
        participation.
    (d) Authority to Manage More Than One Project.--(1) Subject 
to paragraph (2), an employee of the Federal Government may 
serve as on-site manager for more than one project, including 
projects at different locations.
    (2) If such an employee serves as on-site manager for more 
than one project in a fiscal year, the total cost of the 
projects for that fiscal year may not exceed $150,000,000.
    (e) Steps or Activities.--Steps or activities referred to 
in subsection (c)(1) are those activities that, if not 
completed, will prevent a project from achieving its 
disarmament or nonproliferation goals, including, at a minimum, 
the following:
          (1) Identification and acquisition of permits (as 
        defined in subsection (g)).
          (2) Verification that the items, substances, or 
        capabilities to be dismantled, secured, or otherwise 
        modified are available for dismantlement, securing, or 
        modification.
          (3) Timely provision of financial, personnel, 
        management, transportation, and other resources.
    (f) Notification to Congress.--In any case in which the 
Secretary of Energy directs an on-site manager to resume United 
States participation in a project under subsection (c)(4), the 
Secretary shall concurrently notify Congress of such direction.
    (g) Permit Defined.--In this section, the term ``permit'' 
means any local or national permit for development, general 
construction, environmental, land use, or other purposes that 
is required in the state of the former Soviet Union in which 
the project is being or is proposed to be carried out.
    (h) Effective Date.--This section shall take effect six 
months after the date of the enactment of this Act.
          * * * * * * *

                TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

          * * * * * * *

SEC. 3601.\19\ SHORT TITLE.

    This title may be cited as the ``Nuclear Security 
Initiative Act of 2003''.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------
          * * * * * * *

       Subtitle B--Relations Between the United States and Russia

SEC. 3621.\20\ COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL NUCLEAR 
                    WEAPONS.

    (a) Sense of Congress.--It is the sense of Congress that 
the United States should, to the extent the President considers 
prudent, seek to work with the Russian Federation to develop a 
comprehensive inventory of Russian tactical nuclear weapons.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 5959 note.
---------------------------------------------------------------------------
    (b) Report.--Not later than 12 months after the date of the 
enactment of this Act, the President shall submit to Congress a 
report, in both classified and unclassified form as necessary, 
describing the progress that has been made toward creating such 
an inventory.

SEC. 3622.\21\  ESTABLISHMENT OF INTERPARLIAMENTARY THREAT REDUCTION 
                    WORKING GROUP.

    (a) Establishment of Working Group.--There is hereby 
established a working group to be known as the ``Threat 
Reduction Working Group'' as an interparliamentary group of the 
Congress of the United States and the legislature of the 
Russian Federation.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------
    (b) Purpose of Working Group.--The purpose of the working 
group established by subsection (a) shall be to explore means 
to enhance cooperation between the United States and the 
Russian Federation with respect to nuclear nonproliferation and 
security and such other issues related to reducing the dangers 
of weapons of mass destruction as the members of the working 
group consider appropriate.
    (c) Membership.--(1) The majority leader of the Senate, 
after consultation with the minority leader of the Senate, 
shall appoint not more than 10 Senators to the working group 
established by subsection (a).
    (2) The Speaker of the House of Representatives, after 
consultation with the minority leader of the House of 
Representatives, shall appoint not more than 30 Members of the 
House to the working group.

SEC. 3623.\22\ SENSE OF CONGRESS ON COOPERATION BY UNITED STATES AND 
                    NATO WITH RUSSIA ON BALLISTIC MISSILE DEFENSES.

    (a) Sense of Congress.--It is the sense of Congress that 
the President should, in conjunction with the North Atlantic 
Treaty Organization, encourage appropriate cooperative 
relationships between the Russian Federation and the United 
States and North Atlantic Treaty Organization with respect to 
the development and deployment of ballistic missile defenses.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (b) Report to Congress.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall transmit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report (in unclassified or classified form as 
necessary) on the feasibility of increasing cooperation between 
the Russian Federation and the United States and the North 
Atlantic Treaty Organization on the subject of ballistic 
missile defense. The report shall include--
          (1) the recommendations of the Secretary;
          (2) a description of the threat such cooperation is 
        intended to address; and
          (3) an assessment of possible benefits to ballistic 
        missile defense programs of the United States.

SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO ACHIEVE MORE 
                    RELIABLE RUSSIAN EARLY WARNING SYSTEMS.

    It is the sense of Congress that the President, to the 
extent consistent with the national security interests of the 
United States, should--
          (1) encourage joint efforts by the United States and 
        the Russian Federation to reduce the probability of 
        accidental nuclear attack as a result of misinformation 
        or miscalculation by developing the capabilities and 
        increasing the reliability of Russian ballistic missile 
        early-warning systems;
          (2) encourage the development of joint programs by 
        the United States and the Russian Federation to ensure 
        that the Russian Federation has reliable information 
        regarding launches of ballistic missiles anywhere in 
        the world; and
          (3) pending the execution of a new agreement between 
        the United States and the Russian Federation providing 
        for the conduct of the Russian-American Observation 
        Satellite (RAMOS) program, ensure that funds 
        appropriated for that program for fiscal year 2004 are 
        obligated and expended in a manner that provides for 
        the satisfactory continuation of that program.

                       Subtitle C--Other Matters

SEC. 3631.\23\ PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL 
                    SECURITY AND SAFETY BETWEEN THE INTERNATIONAL 
                    ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR 
                    ECONOMIC COOPERATION AND DEVELOPMENT.

    (a) Sense of Congress Regarding Initiation of Dialogue 
Between the IAEA and the OECD.--It is the sense of Congress 
that--
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 6321 note.
---------------------------------------------------------------------------
          (1) the United States should seek to initiate 
        discussions between the International Atomic Energy 
        Agency and the Organization for Economic Cooperation 
        and Development for the purpose of exploring issues of 
        nuclear and radiological security and safety, including 
        the creation of new sources of revenue (including debt 
        reduction) for states to provide nuclear security; and
          (2) the discussions referred to in paragraph (1) 
        should also provide a forum to explore possible sources 
        of funds in support of the G-8 Global Partnership 
        Against the Spread of Weapons and Materials of Mass 
        Destruction.
    (b) Contingent Report.--(1) Except as provided in paragraph 
(2), the President shall, not later than 12 months after the 
date of the enactment of this Act, submit to Congress a report 
on--
          (A) the efforts made by the United States to initiate 
        the discussions described in subsection (a);
          (B) the results of those efforts; and
          (C) any plans for further discussions and the 
        purposes of such discussions.
    (2) Paragraph (1) shall not apply if no efforts referred to 
in paragraph (1)(A) have been made.
  h. Bob Stump National Defense Authorization Act for Fiscal Year 2003

    Partial text of Public Law 107-314 [H.R. 4546], 116 Stat. 2458, 
  approved December 2, 2002; amended by Public Law 108-375 [Ronald W. 
 Reagan National Defense Authorization Act for Fiscal Year 2005; H.R. 
            4200], 118 Stat. 1811, approved October 28, 2004

 AN ACT To authorize appropriations for fiscal year 2003 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Bob Stump 
National Defense Authorization Act for Fiscal Year 2003''.
    (b) Findings.--* * *

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2003 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $58,400,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $859,907,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $416,700,000.
    * * *
          (25) For overseas contingency operations transfer 
        fund, $17,844,000.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2003, as follows:
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 115 note.
---------------------------------------------------------------------------
          (1) The Army, 480,000.
          (2) The Navy, 375,700.
          (3) The Marine Corps, 175,000.
          (4) The Air Force, 359,000.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

    (a) Revised End Strength Floors.--Subsection (b) of section 
691 of title 10, United States Code, is amended--* * *
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
                    FISCAL YEAR 2003.

    (a) Fiscal Year 2003 Limitation.--The total amount 
contributed by the Secretary of Defense in fiscal year 2003 for 
the common-funded budgets of NATO may be any amount up to, but 
not in excess of, the amount specified in subsection (b) 
(rather than the maximum amount that would otherwise be 
applicable to those contributions under the fiscal year 1998 
baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable 
under subsection (a) is the sum of the following:
          (1) The amounts of unexpended balances, as of the end 
        of fiscal year 2002, of funds appropriated for fiscal 
        years before fiscal year 2003 for payments for those 
        budgets.
          (2) The amount specified in subsection (c)(1).
          (3) The amount specified in subsection (c)(2).
          (4) The total amount of the contributions authorized 
        to be made under section 2501.
    (c) Authorized Amounts.--Amounts authorized to be 
appropriated by titles II and III of this Act are available for 
contributions for the common-funded budgets of NATO as follows:
          (1) Of the amount provided in section 201(1), 
        $750,000 for the Civil Budget.
          (2) Of the amount provided in section 301(1), 
        $205,623,000 for the Military Budget.
    (d) Definitions.--For purposes of this section:
          (1) Common-funded budgets of nato.--The term 
        ``common-funded budgets of NATO'' means the Military 
        Budget, the Security Investment Program, and the Civil 
        Budget of the North Atlantic Treaty Organization (and 
        any successor or additional account or program of 
        NATO).
          (2) Fiscal year 1998 baseline limitation.--The term 
        ``fiscal year 1998 baseline limitation'' means the 
        maximum annual amount of Department of Defense 
        contributions for common-funded budgets of NATO that is 
        set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of 
        the Protocols to the North Atlantic Treaty of 1949 on 
        the Accession of Poland, Hungary, and the Czech 
        Republic (as defined in section 4(7) of that 
        resolution), approved by the Senate on April 30, 1998.
          * * * * * * *

                          Subtitle D--Reports

          * * * * * * *

SEC. 1043.\2\ ANNUAL REPORT ON THE CONDUCT OF MILITARY OPERATIONS 
                    CONDUCTED AS PART OF OPERATION ENDURING FREEDOM.

    (a) Reports Required.--(1) The Secretary of Defense shall 
submit to the congressional committees specified in subsection 
(d) an annual report on the conduct of military operations 
conducted as part of Operation Enduring Freedom. The first 
report, which shall include a definition of the military 
operations carried out as part of Operation Enduring Freedom, 
shall be submitted not later than June 15, 2003. Subsequent 
reports shall be submitted not later than June 15 each year, 
and the final report shall be submitted not later than 180 days 
after the date (as determined by the Secretary of Defense) of 
the cessation of hostilities undertaken as part of Operation 
Enduring Freedom.
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (2) Each report under this section shall be prepared in 
consultation with the Chairman of the Joint Chiefs of Staff, 
the commander of the United States Central Command, the 
Director of Central Intelligence, and such other officials as 
the Secretary considers appropriate.
    (3) Each such report shall be submitted in both a 
classified form and an unclassified form, as necessary.
    (b) Special Matters To Be Included.--Each report under this 
section shall include the following:
    (1) A discussion of the command, control, coordination, and 
support relationship between United States special operations 
forces and Central Intelligence Agency elements participating 
in Operation Enduring Freedom and any lessons learned from the 
joint conduct of operations by those forces and elements.
    (2) Recommendations to improve operational readiness and 
effectiveness of these forces and elements.
    (c) Other Matters To Be Included.--Each report under this 
section shall include a discussion, with a particular emphasis 
on accomplishments and shortcomings, of the following matters 
with respect to Operation Enduring Freedom:
          (1) The political and military objectives of the 
        United States.
          (2) The military strategy of the United States to 
        achieve those political and military objectives.
          (3) The concept of operations, including any new 
        operational concepts, for the operation.
          (4) The benefits and disadvantages of operating with 
        local opposition forces.
          (5) The benefits and disadvantages of operating in a 
        coalition with the military forces of allied and 
        friendly nations.
          (6) The cooperation of nations in the region for 
        overflight, basing, command and control, and logistic 
        and other support.
          (7) The conduct of relief operations both during and 
        after the period of hostilities.
          (8) The conduct of close air support (CAS), 
        particularly with respect to the timeliness, 
        efficiency, and effectiveness of such support.
          (9) The use of unmanned aerial vehicles for 
        intelligence, surveillance, reconnaissance, and combat 
        support to operational forces.
          (10) The use and performance of United States and 
        coalition military equipment, weapon systems, and 
        munitions.
          (11) The effectiveness of reserve component forces, 
        including their use and performance in the theater of 
        operations.
          (12) The importance and effectiveness of the 
        International Security Assistance Force.
          (13) The importance and effectiveness of United 
        States civil affairs forces.
          (14) The anticipated duration of the United States 
        military presence in Afghanistan.
          (15) The most critical lessons learned that could 
        lead to long-term doctrinal, organizational, and 
        technological changes.
    (d) Congressional Committees.--The committees referred to 
in subsection (a)(1) are the following:
          (1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
          (2) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 1065. REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.

    (a) Authority.--Chapter 3 of title 10, United States Code, 
is amended by inserting after section 127a the following new 
section: * * *
    (b) Clerical Amendment.--* * *
          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Authority to provide administrative services and support for 
          coalition liaison officers.
Sec. 1202. Authority to pay for certain travel of defense personnel of 
          countries participating in NATO Partnership for Peace program.
Sec. 1203. Limitation on funding for Joint Data Exchange Center in 
          Moscow.
Sec. 1204. Support of United Nations-sponsored efforts to inspect and 
          monitor Iraqi weapons activities.
Sec. 1205. Comprehensive annual report to Congress on coordination and 
          integration of all United States nonproliferation activities.
Sec. 1206. Report requirement regarding Russian proliferation to Iran 
          and other countries of proliferation concern.
Sec. 1207. Monitoring of implementation of 1979 agreement between the 
          United States and China on cooperation in science and 
          technology.
Sec. 1208. Extension of certain counterproliferation activities and 
          programs.
Sec. 1209. Semiannual report by Director of Central Intelligence on 
          contributions by foreign persons to efforts by countries of 
          proliferation concern to obtain weapons of mass destruction 
          and their delivery systems.
Sec. 1210. Report on feasibility and advisability of senior officer 
          exchanges between the Armed Forces of the United States and 
          the military forces of Taiwan.
Sec. 1211. Report on United States force structure in the Pacific.

SEC. 1201. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT FOR 
                    COALITION LIAISON OFFICERS.

    (a) Authority.--(1) Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1051 the following 
new section:

``Sec. 1051a. Coalition liaison officers: administrative services and 
                    support; travel, subsistence, and other personal 
                    expenses

    ``(a) Authority.--The Secretary of Defense may provide 
administrative services and support for the performance of 
duties by a liaison officer of another nation involved in a 
coalition with the United States while the liaison officer is 
assigned temporarily to the headquarters of a combatant 
command, component command, or subordinate operational command 
of the United States in connection with the planning for, or 
conduct of, a coalition operation.
    ``(b) Travel and Subsistence Expenses.--(1) The Secretary 
may pay the expenses specified in paragraph (2) of a liaison 
officer of a developing country in connection with the 
assignment of that officer to the headquarters of a combatant 
command as described in subsection (a), if the assignment is 
requested by the commander of the combatant command.
    ``(2) Expenses of a liaison officer that may be paid under 
paragraph (1) in connection with an assignment described in 
that paragraph are the following:
          ``(A) Travel and subsistence expenses.
          ``(B) Personal expenses directly necessary to carry 
        out the duties of that officer in connection with that 
        assignment.
    ``(c) Reimbursement.--To the extent that the Secretary 
determines appropriate, the Secretary may provide the services 
and support authorized by subsection (a) and the expenses 
authorized by subsection (b) with or without reimbursement from 
(or on behalf of) the recipients.
    ``(d) Definitions.--In this section:
          ``(1) The term `administrative services and support' 
        includes base or installation support services, office 
        space, utilities, copying services, fire and police 
        protection, and computer support.
          ``(2) The term `coalition' means an ad hoc 
        arrangement between or among the United States and one 
        or more other nations for common action.
    ``(e) Expiration of Authority.--The authority under this 
section shall expire on September 30, 2005.''.
    (2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1051 
the following new item: * * *
    (b) \3\ GAO Report.--Not later than March 1, 2005, the 
Comptroller General shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report 
providing an assessment of the implementation of section 1051a 
of title 10, United States Code, as added by subsection (a). 
The assessment shall include the following:
---------------------------------------------------------------------------
    \3\ 10 U.S.C. 1051a note.
---------------------------------------------------------------------------
          (1) A description of the benefits to coalition 
        operations of the authority provided by that section.
          (2) A statement of the cost to the Department of 
        Defense of the use of the authority provided by that 
        section.
          (3) A summary of activities carried out under the 
        authority provided by that section, including (A) the 
        number of liaison officers for whom administrative 
        services and support or expenses were provided under 
        that authority and their countries of origin, and (B) 
        the type of services, support, and expenses provided.

SEC. 1202. AUTHORITY TO PAY FOR CERTAIN TRAVEL OF DEFENSE PERSONNEL OF 
                    COUNTRIES PARTICIPATING IN NATO PARTNERSHIP FOR 
                    PEACE PROGRAM.

    (a) Authority for Use of Funds.--Section 1051(b) of title 
10, United States Code, is amended--
          (1) in paragraph (1), by striking ``paragraph (2)'' 
        and inserting ``paragraphs (2) and (3)'';
          (2) by redesignating paragraph (3) as paragraph (4); 
        and
          (3) by inserting after paragraph (2) the following 
        new paragraph (3):
    ``(3) In the case of defense personnel of a developing 
country that is not a member of the North Atlantic Treaty 
Organization and that is participating in the Partnership for 
Peace program of the North Atlantic Treaty Organization (NATO), 
expenses authorized to be paid under subsection (a) may be paid 
in connection with travel of personnel to the territory of any 
of the countries participating in the Partnership for Peace 
program or the territory of any NATO member country.''.
    (b) \4\ Effective Date.--The amendments made by subsection 
(a) shall apply only with respect to travel performed on or 
after the date of the enactment of this Act.
---------------------------------------------------------------------------
    \4\ 10 U.S.C. 1051 note.
---------------------------------------------------------------------------

SEC. 1203. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN 
                    MOSCOW.

    (a) Limitation.--Not more than 50 percent of the funds made 
available to the Department of Defense for fiscal year 2003 for 
activities associated with the Joint Data Exchange Center in 
Moscow, Russia, may be obligated or expended for any such 
activity until--
          (1) the United States and the Russian Federation 
        enter into a cost-sharing agreement as described in 
        subsection (d) of section 1231 of the Floyd D. Spence 
        National Defense Authorization Act for Fiscal Year 2001 
        (as enacted into law by Public Law 106-398; 114 Stat. 
        1654A-329);
          (2) the United States and the Russian Federation 
        enter into an agreement or agreements exempting the 
        United States and any United States person from Russian 
        taxes, and from liability under Russian laws, with 
        respect to activities associated with the Joint Data 
        Exchange Center;
          (3) the Secretary of Defense submits to the Committee 
        on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives a copy 
        of each agreement referred to in paragraphs (1) and 
        (2); and
          (4) a period of 30 days has expired after the date of 
        the final submission under paragraph (3).
    (b) Joint Data Exchange Center.--For purposes of this 
section, the term ``Joint Data Exchange Center'' means the 
United States-Russian Federation joint center for the exchange 
of data to provide early warning of launches of ballistic 
missiles and for notification of such launches that is provided 
for in a joint United States-Russian Federation memorandum of 
agreement signed in Moscow in June 2000.

SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND 
                    MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) Limitation on Amount of Assistance in Fiscal Year 
2003.--The total amount of the assistance for fiscal year 2003 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 
U.S.C. 5859a) as activities of the Department of Defense in 
support of activities under that Act may not exceed 
$15,000,000.
    (b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by 
striking ``2002'' and inserting ``2003''.

SEC. 1205.\5\ COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON COORDINATION 
                    AND INTEGRATION OF ALL UNITED STATES 
                    NONPROLIFERATION ACTIVITIES.

    Section 1205 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is 
amended by adding at the end the following new subsection: * * 
*
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------

SEC. 1206.\6\ REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO 
                    IRAN AND OTHER COUNTRIES OF PROLIFERATION CONCERN.

    (a) Report Requirement.--Not later than March 15 of 2003 
through 2009, the President shall submit to Congress a report 
(in unclassified and classified form as necessary) describing 
in detail Russian proliferation of weapons of mass destruction 
and ballistic missile goods, technology, expertise, and 
information, and of dual-use items that may contribute to the 
development of weapons of mass destruction and ballistic 
missiles, to Iran and to other countries of proliferation 
concern during the year preceding the year in which the report 
is submitted. The report shall include a detailed description 
of the following, for the year covered by the report:
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
          (1) The number, type, and quality of direct and dual-
        use weapons of mass destruction and ballistic missile 
        goods, technology, expertise, and information 
        transferred.
          (2) The form, location, and manner in which such 
        transfers took place.
          (3) The contribution that such transfers could make 
        to the recipient countries' weapons of mass destruction 
        and ballistic missile programs, and an estimate of how 
        soon such countries will test, possess, and deploy 
        weapons of mass destruction and ballistic missiles.
          (4) The impact and consequences that such transfers 
        have, and could have over the next 10 years--
                  (A) on United States national security;
                  (B) on United States military forces deployed 
                in the region to which such transfers are being 
                made;
                  (C) on United States allies, friends, and 
                interests in that region; and
                  (D) on the military capabilities of the 
                country receiving such transfers from Russia.
          (5) The policy and strategy that the President 
        intends to employ to halt Russian proliferation, the 
        policy tools that the President intends to use to carry 
        out that policy and strategy, the rationale for 
        employing such tools, and the timeline by which the 
        President expects to see material progress in ending 
        Russian proliferation of direct and dual-use weapons of 
        mass destruction and missile goods, technology, 
        expertise, and information.
    (b) Definition.--In this section, the term ``country of 
proliferation concern'' means any country identified by the 
Director of Central Intelligence as having engaged in the 
acquisition of dual-use and other technology useful for the 
development or production of weapons of mass destruction 
(including nuclear weapons, chemical weapons, and biological 
weapons) or advanced conventional munitions--
          (1) in the most recent report under section 721 of 
        the Combatting Proliferation of Weapons of Mass 
        Destruction Act of 1996 (title VII of Public Law 104-
        293; 50 U.S.C. 2366); or
          (2) in any successor report on the acquisition by 
        foreign countries of dual-use and other technology 
        useful for the development or production of weapons of 
        mass destruction.

SEC. 1207.\7\ MONITORING OF IMPLEMENTATION OF 1979 AGREEMENT BETWEEN 
                    THE UNITED STATES AND CHINA ON COOPERATION IN 
                    SCIENCE AND TECHNOLOGY.

    (a) In General.--The Secretary of State shall--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6901 note.
---------------------------------------------------------------------------
          (1) monitor the implementation of the Agreement 
        specified in subsection (c);
          (2) keep a systematic account of the protocols to the 
        Agreement;
          (3) coordinate the activities of all agencies of the 
        United States Government that carry out cooperative 
        activities under the Agreement; and
          (4) ensure that all activities conducted under the 
        Agreement comply with applicable laws and regulations 
        concerning the transfer of militarily sensitive 
        technologies and dual-use technologies.
    (b) Responsibilities of the Office of Science and 
Technology Cooperation.--Except as otherwise provided by the 
Secretary of State, the functions of the Secretary under this 
section shall be carried out through the Director of the Office 
of Science and Technology Cooperation of the Department of 
State.
    (c) Agreement Defined.--For purposes of this section, the 
term ``Agreement'' means the agreement between the United 
States and the People's Republic of China known as the 
``Agreement between the Government of the United States of 
America and the Government of the People's Republic of China on 
Cooperation in Science and Technology'', signed in Washington 
on January 31, 1979, and its protocols.
    (d) Biennial Report to Congress.--(1) Not later than April 
1 of each even-numbered year, the Secretary of State shall 
submit to Congress a report on the implementation of the 
Agreement and on activities under the Agreement. Each such 
report shall be submitted in both classified and unclassified 
form, as necessary.
    (2) Each report under this subsection shall provide an 
evaluation of the benefits of the Agreement to the economy, to 
the military, and to the industrial base of the People's 
Republic of China and shall include the following:
          (A) An accounting of all activities conducted under 
        the Agreement since the previous report (or, in the 
        case of the first report, since the Agreement was 
        entered into) and a projection of activities to be 
        undertaken under the Agreement during the next two 
        years.
          (B) An estimate of the costs to the United States to 
        administer the Agreement during the period covered by 
        the report.
          (C) An assessment of how the Agreement has influenced 
        the foreign and domestic policies of the People's 
        Republic of China and the policy of the People's 
        Republic of China toward scientific and technological 
        cooperation with the United States.
          (D) An analysis by the Director of Central 
        Intelligence of the involvement of military 
        specialists, weapons specialists, and intelligence 
        specialists of the People's Republic of China in the 
        activities of the Joint Commission established under 
        the Agreement and in other activities conducted under 
        the Agreement.
          (E) A determination by the Secretary of Defense, 
        developed with the assistance of the Director of 
        Central Intelligence, of the extent to which the 
        activities conducted under the Agreement have enhanced 
        the military and defense industrial base of the 
        People's Republic of China, and an assessment of the 
        effect that projected activities under the Agreement 
        for the next two years, including the transfer of 
        technology and know-how, could have on the economic and 
        military capabilities of the People's Republic of 
        China.
          (F) An assessment by the Inspector General of the 
        Department of Commerce of--
                  (i) the extent to which programs or 
                activities carried out under the Agreement 
                provide access to technology, information, or 
                know-how that could enhance military 
                capabilities of the People's Republic of China; 
                and
                  (ii) the extent to which those programs or 
                activities are carried out in compliance with 
                export control laws and regulations of the 
                United States, especially those laws and 
                regulations governing so-called ``deemed 
                exports''.
          (G) Any recommendations of the Secretary of State, 
        Secretary of Defense, or Director of Central 
        Intelligence for improving the monitoring of the 
        activities of the Joint Commission established under 
        the Agreement.
    (3) The Secretary of State shall prepare each report under 
this subsection in consultation with the Secretary of Defense, 
the Secretary of Energy, the Director of Central Intelligence, 
the Director of the Federal Bureau of Investigation, and the 
Director of the National Science Foundation.
    (e) Interagency Working Group.--The President shall 
establish an interagency working group to oversee the 
implementation of the Agreement by departments and agencies of 
the United States. The working group shall consist of 
representatives of such departments, agencies, and offices of 
the executive branch as the President considers appropriate. 
The working group shall perform the following functions:
          (1) Assisting the Secretary of State and other 
        appropriate officials in setting standards under the 
        Agreement for science and technology transfers between 
        the United States and the People's Republic of China.
          (2) Monitoring ongoing programs and activities under 
        the Agreement and recommending future programs and 
        activities under the Agreement.
          (3) Developing a comprehensive database of all 
        government-to-government programs and United States 
        Government-funded programs under the Agreement.
          (4) Coordinating activities under the Agreement 
        between United States Government agencies, including 
        elements of the intelligence community, as appropriate.

SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND 
                    PROGRAMS.

    (a) Extension of Interagency Counterproliferation Program 
Review Committee.--Section 1605(f) of the National Defense 
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is 
amended * * *
    (b) Later Deadline for Submission of Annual Report.--
Subsection (a) of section 1503 of the National Defense 
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is 
amended * * *
    (c) Additional Matters To Be Included in Annual Report.--
Subsection (b) of such section is amended * * *
    (d) Technical Amendment To Reflect Change in Position 
Title.--Section 1605(a)(4) of the National Defense 
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is 
amended * * *

SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON 
                    CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY 
                    COUNTRIES OF PROLIFERATION CONCERN TO OBTAIN 
                    WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY 
                    SYSTEMS.

    (a) Content of Semiannual Report.--The Combatting 
Proliferation of Weapons of Mass Destruction Act of 1996 (title 
VII of Public Law 104-293) is amended * * *
    (b) \8\ Effective Date.--Section 722 of the Combatting 
Proliferation of Weapons of Mass Destruction Act of 1996, as 
added by subsection (a), shall take effect with the report with 
respect to the first six months of 2003 required to be 
submitted under that section not later than January 1, 2004.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 2369 note.
---------------------------------------------------------------------------

SEC. 1210. REPORT ON FEASIBILITY AND ADVISABILITY OF SENIOR OFFICER 
                    EXCHANGES BETWEEN THE ARMED FORCES OF THE UNITED 
                    STATES AND THE MILITARY FORCES OF TAIWAN.

    (a) Presidential Report.--Not later than 180 days after the 
date of the enactment of this Act, the President shall submit 
to Congress a report on--
          (1) the feasibility and advisability of conducting 
        combined operational training with, and exchanges of 
        general and flag officers between, the Armed Forces of 
        the United States and the military forces of Taiwan; 
        and
          (2) the progress being made in meeting United States 
        commitments to the security of Taiwan.
    (b) Classification of Report.--The report required by this 
section shall be submitted in unclassified form and, as 
necessary, in classified form.

SEC. 1211. REPORT ON UNITED STATES FORCE STRUCTURE IN THE PACIFIC.

    (a) Secretary of Defense Report.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of 
Defense shall submit to Congress a report on the plans of the 
Department of Defense to maintain adequate United States force 
structure in the Pacific, including any efforts (1) to augment 
current basing arrangements, and (2) to implement the 
recommendations from the most recent Quadrennial Defense Review 
to improve United States military capabilities in the Pacific.
    (b) Classification of Report.--The report required by this 
section shall be submitted in unclassified form and, as 
necessary, in classified form.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                            SOVIET UNION \9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
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   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).
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    \13\ 50 U.S.C. 2315 note.
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SEC. 3155.\14\ COOPERATIVE PROGRAM ON RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION OF TECHNOLOGY REGARDING NUCLEAR OR 
                    RADIOLOGICAL TERRORISM.

    (a) Program Required.--The Administrator for Nuclear 
Security shall carry out with the Russian Federation a 
cooperative program on the research, development, and 
demonstration of technologies for protection from and response 
to nuclear or radiological terrorism.
---------------------------------------------------------------------------
    \14\ 50 U.S.C. 2315 note.
---------------------------------------------------------------------------
    (b) Program Elements.--In carrying out the program required 
by subsection (a), the Administrator shall--
          (1) conduct research and development of technology 
        for protection from nuclear or radiological terrorism, 
        including technology for the detection, identification, 
        assessment, control, and disposition of radiological 
        materials that could be used for nuclear terrorism; and
          (2) provide, where feasible, for the demonstration to 
        other countries of technologies or methodologies on 
        matters relating to nuclear or radiological terrorism, 
        including--
                  (A) the demonstration of technologies 
                developed under the program to respond to 
                nuclear or radiological terrorism;
                  (B) the demonstration of technologies 
                developed under the program for the disposal of 
                radioactive materials;
                  (C) the demonstration of methodologies 
                developed under the program for use in 
                evaluating the radiological threat of 
                radiological sources identified as not under 
                current accounting programs in the audit report 
                of the Inspector General of the Department of 
                Energy titled ``Accounting for Sealed Sources 
                of Nuclear Material Provided to Foreign 
                Countries'' (DOEIG-0546);
                  (D) in coordination with the Nuclear 
                Regulatory Commission, the demonstration of 
                methodologies developed under the program to 
                facilitate the development of a regulatory 
                framework for licensing and controlling 
                radioactive sources; and
                  (E) in coordination with the Office of 
                Environment, Safety, and Health of the 
                Department of Energy, the demonstration of 
                methodologies developed under the program to 
                facilitate development of consistent criteria 
                for screening international transfers of 
                radiological materials.
    (c) Consultation.--In carrying out activities in accordance 
with subsection (b)(2), the Administrator shall consult with--
          (1) the Secretary of Defense, Secretary of State, and 
        Secretary of Commerce; and
          (2) the International Atomic Energy Agency.
    (d) Amount for Activities.--Of the amount authorized to be 
appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $15,000,000 may be available 
for carrying out this section.

SEC. 3156.\15\ MATTERS RELATING TO THE INTERNATIONAL MATERIALS 
                    PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE 
                    DEPARTMENT OF ENERGY.

    (a) Radiological Dispersal Device Materials Protection, 
Control, and Accounting.--The Secretary of Energy may establish 
within the International Materials Protection, Control, and 
Accounting program of the Department of Energy a program on the 
protection, control, and accounting of materials usable in 
radiological dispersal devices. In establishing such program, 
the Secretary shall--
---------------------------------------------------------------------------
    \15\ 50 U.S.C. 2343.
---------------------------------------------------------------------------
          (1) identify the sites and radiological materials to 
        be covered by such program;
          (2) carry out a risk assessment of such radiological 
        materials; and
          (3) identify and establish the costs of and schedules 
        for such program.
    (b) Revised Focus for Materials Protection, Control, and 
Accounting Program of Russian Federation.--(1) The Secretary of 
Energy shall work cooperatively with the Russian Federation to 
develop, as soon as practicable but not later than January 1, 
2013, a sustainable nuclear materials protection, control, and 
accounting system for the nuclear materials of the Russian 
Federation that is supported solely by the Russian Federation.
    (2) The Secretary shall work with the Russian Federation to 
identify various alternatives to provide the United States 
adequate transparency in the nuclear materials protection, 
control, and accounting program of the Russian Federation to 
assure that such program is meeting applicable goals for 
nuclear materials protection, control, and accounting.
    (c) Amount for Activities.--Of the amount authorized to be 
appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $5,000,000 may be available for 
carrying out this section.

SEC. 3157.\16\ ACCELERATED DISPOSITION OF HIGHLY ENRICHED URANIUM.

    (a) Program on Accelerated Disposition of HEU Authorized.--
(1) The Secretary of Energy may carry out a program to pursue 
with the Russian Federation options for blending highly 
enriched uranium so that the concentration of U-235 in such 
uranium is below 20 percent.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (2) The options pursued under paragraph (1) shall include 
expansion of the Material Consolidation and Conversion program 
of the Department of Energy to include--
          (A) additional facilities for the blending of highly 
        enriched uranium; and
          (B) additional centralized secure storage facilities 
        for highly enriched uranium designated for blending.
    (3) Any site selected for the storage of uranium or blended 
material under paragraph (2)(B) shall undergo complete 
materials protection, control, and accounting upgrades before 
the commencement of the storage of uranium or blended material 
at such site under the program.
    (b) Construction With HEU Disposition Agreement.--Nothing 
in this section may be construed as terminating, modifying, or 
otherwise affecting requirements for the disposition of highly 
enriched uranium under the Agreement Between the Government of 
the United States of America and the Government of the Russian 
Federation Concerning the Disposition of Highly Enriched 
Uranium Extracted from Nuclear Weapons, signed at Washington on 
February 18, 1993.
    (c) Limitation on Release for Sale of Blended Uranium.--
Uranium blended under this section may not be released for sale 
until the earlier of--
          (1) January 1, 2014; or
          (2) the date on which the Secretary certifies that 
        such uranium can be absorbed into the global market 
        without undue disruption to the uranium mining, 
        conversion, and enrichment industry in the United 
        States.
    (d) Amount for Activities.--Of the amount to be 
appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $10,000,000 may be available 
for carrying out this section.

SEC. 3158.\17\ STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR 
                    MATERIALS AND SECURITY OF NUCLEAR OPERATIONS.

    (a) Report on Options for International Program To 
Strengthen Security.--(1) Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Energy 
shall submit to Congress a report on options for an 
international program to develop strengthened security for 
nuclear reactors and associated materials outside the United 
States.
---------------------------------------------------------------------------
    \17\ 50 U.S.C. 2344.
---------------------------------------------------------------------------
    (2) In evaluating options for purposes of the report, the 
Secretary shall consult with the Nuclear Regulatory Commission 
and the International Atomic Energy Agency on the feasibility 
and advisability of actions to reduce the risks associated with 
terrorist attacks on nuclear reactors outside the United 
States.
    (b) Joint Programs With Russia on Proliferation-Resistant 
Nuclear Energy Technologies.--(1) The Secretary shall pursue 
with the Ministry of Atomic Energy of the Russian Federation 
joint programs between the United States and the Russian 
Federation on the development of proliferation-resistant 
nuclear energy technologies, including advanced fuel cycles.
    (2) Of the amount authorized to be appropriated by section 
3101(a)(2) for the Department of Energy for the National 
Nuclear Security Administration for defense nuclear 
nonproliferation, up to $10,000,000 may be available for 
carrying out the joint programs referred to in paragraph (1).
    (c) Assistance Regarding Hostile Insiders.--The Secretary 
may, utilizing appropriate expertise of the Department of 
Energy and the Nuclear Regulatory Commission, provide technical 
assistance to nuclear reactor facilities outside the United 
States with respect to the interdiction of hostile insiders at 
such facilities in order to prevent incidents arising from the 
disablement of the vital systems of such facilities.

SEC. 3159.\18\ EXPORT CONTROL PROGRAMS.

    (a) Authority To Pursue Options for Strengthening Export 
Control Programs.--The Secretary of Energy, in coordination 
with the Secretary of State, may pursue in the region of the 
former Soviet Union and other regions of concern options for 
accelerating programs that assist the countries in such regions 
in improving their domestic export control programs for 
materials, technologies, and expertise relevant to the 
construction or use of a nuclear or radiological dispersal 
device.
---------------------------------------------------------------------------
    \18\ 50 U.S.C. 2345.
---------------------------------------------------------------------------
    (b) Amount for Activities.--Of the amount authorized to be 
appropriated by section 3101(a)(2) for the Department of Energy 
for the National Nuclear Security Administration for defense 
nuclear nonproliferation, up to $5,000,000 may be available for 
carrying out this section.

SEC. 3160.\19\ PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR 
                    MATERIALS.

    (a) Plan for Accelerated Return.--The Secretary of Energy 
shall work with the Russian Federation to develop a plan to 
accelerate the return to Russia of all weapons-usable nuclear 
materials located in research reactors and other facilities 
outside Russia that were supplied by the former Soviet Union.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (b) Funding and Schedules.--As part of the plan under 
subsection (a), the Secretary shall identify the funding and 
schedules required to assist the research reactors and 
facilities referred to in that subsection in--
          (1) transferring highly enriched uranium to Russia; 
        and
          (2) upgrading the materials protection, control, and 
        accounting procedures at such research reactors and 
        facilities until the weapons-usable nuclear materials 
        in such reactors and facilities are returned in 
        accordance with that subsection.
    (c) Coordination.--The provision of assistance under 
subsection (b) shall be closely coordinated with the 
International Atomic Energy Agency.

SEC. 3161. SENSE OF CONGRESS ON AMENDMENT OF CONVENTION ON PHYSICAL 
                    PROTECTION OF NUCLEAR MATERIALS.

    (a) Sense of Congress.--It is the sense of Congress that 
the President should encourage amendment of the Convention on 
the Physical Protection of Nuclear Materials in order to 
provide that the Convention shall--
          (1) apply to both the domestic and international use 
        and transport of nuclear materials;
          (2) incorporate fundamental practices for the 
        physical protection of such materials; and
          (3) address protection against sabotage involving 
        nuclear materials.
    (b) Convention on the Physical Protection of Nuclear 
Material Defined.--In this section, the term ``Convention on 
the Physical Protection of Nuclear Materials'' means the 
Convention on the Physical Protection of Nuclear Materials, 
With Annex, done at Vienna on October 26, 1979.

SEC. 3162. SENSE OF CONGRESS ON PROGRAM TO SECURE STOCKPILES OF HIGHLY 
                    ENRICHED URANIUM AND PLUTONIUM.

    It is the sense of Congress that the Secretary of Energy 
should, in consultation with the Secretary of State and 
Secretary of Defense, develop a comprehensive program of 
activities to encourage all countries with nuclear materials to 
adhere to, or to adopt standards equivalent to, the 
International Atomic Energy Agency standard on The Physical 
Protection of Nuclear Material and Nuclear Facilities (INFCIRC/
225/Rev.4), relating to the security of stockpiles of highly 
enriched uranium (HEU) and plutonium (Pu).
          * * * * * * *

           DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS \20\

SEC. 4001.\21\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the 
``Atomic Energy Defense Act''.
---------------------------------------------------------------------------
    \20\ Sec. 3141(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1753) added Division D 
to the end of this Act, largely by redesignating sections enacted in 
other National Defense Authorization Acts as sections in this newly 
created division.
    \21\ 50 U.S.C. 2501 note. Formerly at 42 U.S.C. 7101 note. Sec. 
3601 of the Atomic Energy Defense Act (title XXXVI of Public Law 107-
314; 116 Stat. 2756), was redesignated to this newly created division 
and amended to refer to ``division'' instead of ``title'' by sec. 
3141(c)(1) of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108-136; 117 Stat. 1753).
---------------------------------------------------------------------------
    (b) Table of Contents.--* * *

SEC. 4002.\22\ DEFINITION.

    In this division, the term ``congressional defense 
committees'' means--
---------------------------------------------------------------------------
    \22\ 50 U.S.C. 2501. Added by sec. 3141(c)(2) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1754).
---------------------------------------------------------------------------
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.
          * * * * * * *

           TITLE XLII--NUCLEAR WEAPONS STOCKPILE MATTERS \23\

        Subtitle A--Stockpile Stewardship and Weapons Production

          * * * * * * *
---------------------------------------------------------------------------
    \23\ Sec. 3141(e)(1) of National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1758) added title and 
subtitle designations.
---------------------------------------------------------------------------

SEC. 4207.\24\ NUCLEAR TEST BAN READINESS PROGRAM.
---------------------------------------------------------------------------

    \24\ 50 U.S.C. 2527. Formerly at 42 U.S.C. 2121 note, at sec. 1436 
of Public Law 100-456. Redesignated as sec. 4207 by sec. 3141(e)(8) of 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1759).
    Sec. 1031(15) of Public Law 106-65 (113 Stat. 750) made sec. 
3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66; 31 U.S.C. 1113 note), as amended, which provided 
that ``each provision of law requiring the submittal to Congress (or 
any committee of the Congress) of any annual, semiannual, or other 
regular periodic report specified * * * shall cease to be effective, 
with respect to that requirement, May 15, 2000.'', inapplicable to this 
section. For Public Law 104-66 and other legislation on the repeal of 
reporting requirements, see Legislation on Foreign Relations Through 
2005, vol. IV.
    Sec. 3140 of Public Law 102-190 (105 Stat. 1580) provided the 
following:
---------------------------------------------------------------------------

``sec. 3140. report on schedule for resumption of nuclear testing talks and 
test ban readiness program.
---------------------------------------------------------------------------

    ``(a) Sense of Congress.--It is the sense of Congress that the 
United States and the Soviet Union share a special responsibility to 
resume the Nuclear Testing Talks to continue negotiations toward 
additional limitations on nuclear weapons testing.
    ``(b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
containing a proposed schedule for resumption of the Nuclear Testing 
Talks and identifying the goals to be pursued in those talks.
    ``(c) Nuclear Test Ban Readiness Program.--Of the funds 
appropriated to the Department of Energy for fiscal year 1992 for 
weapons activities, $20,000,000 shall be available to conduct the 
nuclear test ban readiness program established pursuant to section 1436 
of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 
100-456; 42 U.S.C. 2121 note).''.
---------------------------------------------------------------------------
    (a) Findings.--The Congress makes the following findings:
          (1) On September 17, 1987, the United States and the 
        Soviet Union announced that they would resume full-
        scale, stage-by-stage negotiations on issues relating 
        to nuclear testing, including further intermediate 
        limitations on nuclear testing leading to the ultimate 
        objective of a comprehensive nuclear test ban.
          (2) It was agreed that the first step in these 
        negotiations would be to reach agreement on 
        verification measures that will make possible the 
        ratification of the Threshold Test Ban Treaty of 1974 
        and the Peaceful Nuclear Explosions Treaty of 1976.
          (3) To achieve the agreement on verification 
        measures, the United States and the Soviet Union have 
        agree to design and conduct a Joint Verification 
        Experiment at the test sites of each country during the 
        summer of 1988.
          (4) At the Moscow summit in May 1988, President 
        Reagan and General Secretary Gorbachev reaffirmed their 
        commitment to negotiations on ``effective verification 
        measures which will make it possible to ratify the 
        Threshold Test Ban Treaty of 1974 and Peaceful Nuclear 
        Explosions Treaty of 1976, and proceed to negotiating 
        further intermediate limitations on nuclear testing 
        leading to the ultimate objective of the complete 
        cessation of nuclear testing as part of an effective 
        disarmament process''.
    (b) Establishment of Program.--The Secretary of Energy 
shall establish and support a program to assure that the United 
States is in a position to maintain the reliability, safety, 
and continued deterrent effect of its stockpile of existing 
nuclear weapons designs in the event that a low-threshold or 
comprehensive ban on nuclear explosives testing is negotiated 
and ratified within the framework agreed to by the United 
States and the Soviet Union.
    (c) Purposes of Program.--The purposes of the program under 
subsection (b) shall be the following:
          (1) To assure that the United States maintains a 
        vigorous program of stockpile inspection and non-
        explosive testing so that, if a low-threshold or 
        comprehensive test ban is entered into, the United 
        States remains able to detect and identify potential 
        problems in stockpile reliability and safety in 
        existing designs of nuclear weapons.
          (2) To assure that the specific materials, 
        components, processes, and personnel needed for the 
        remanufacture of existing nuclear weapons or the 
        substitution of alternative nuclear warheads are 
        available to support such remanufacture or substitution 
        if such action becomes necessary in order to satisfy 
        reliability and safety requirements under a low-
        threshold or comprehensive test ban agreement.
          (3) To assure that a vigorous program of research in 
        areas related to nuclear weapons science and 
        engineering is supported so that, if a low-threshold 
        comprehensive test ban agreement is entered into, the 
        United States is able to maintain a base of technical 
        knowledge about nuclear weapons design and nuclear 
        weapons effects.
    (d) Conduct of Program.--The Secretary of Energy shall 
carry out the program provided for in subsection (b). The 
program shall be carried out with the participation of 
representatives of the Department of Defense, the nuclear 
weapons production facilities, and the national nuclear weapons 
laboratories.
    (e) \25\ * * * [Repealed--1997]
---------------------------------------------------------------------------
    \25\ Sec. 3152(i) of Public Law 105-85 (111 Stat. 2042) struck out 
subsec. (e), which had read as follows:
    ``(e) Annual Report.--The Secretary of Energy shall submit to 
Congress each year an unclassified report (with a classified annex as 
necessary) that describes the progress made to the date of the report 
in achieving the purposes of the program required to be established 
under subsection (b).''.
---------------------------------------------------------------------------

SEC. 4208.\26\ STUDY ON NUCLEAR TEST READINESS POSTURES.
---------------------------------------------------------------------------

    \26\ 50 U.S.C. 2528. Formerly at 42 U.S.C. 2121 note, as sec. 3152 
of Public Law 104-106. Redesignated as sec. 4208 by sec. 3141(e)(9) of 
the National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1759).
---------------------------------------------------------------------------
    (a) \27\ Report.--Not later than February 15, 1996, the 
Secretary of Energy shall submit to Congress a report on the 
costs, programmatic issues, and other issues associated with 
sustaining the capability of the Department of Energy--
---------------------------------------------------------------------------
    \27\ Sec. 3192(1) of Public Law 106-398 (114 Stat. 1564) inserted 
``(a) Report.--'' before ``Not later than''.
    Sec. 3158 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 110 Stat. 2842) required the Secretary of 
Energy to submit a second, updated, report not later than June 1, 1997.
---------------------------------------------------------------------------
          (1) to conduct an underground nuclear test 6 months 
        after the date on which the President determines that 
        such a test is necessary to ensure the national 
        security of the United States;
          (2) to conduct such a test 18 months after such date; 
        and
          (3) to conduct such a test 36 months after such date.
    (b) \28\ Biennial Update Report.--(1) Not later than 
February 15 of each odd-numbered year, the Secretary shall 
submit to the congressional defense committees a report 
containing an update of the report required under subsection 
(a), as updated by any report previously submitted under this 
paragraph.
---------------------------------------------------------------------------
    \28\ Sec. 3192(2) of Public Law 106-398 (114 Stat. 1654) added 
subsec. (b).
---------------------------------------------------------------------------
    (2) Each report under paragraph (1) shall include, as of 
the date of such report, the following:
          (A) A list and description of the workforce skills 
        and capabilities that are essential to carry out 
        underground nuclear tests at the Nevada Test Site.
          (B) A list and description of the infrastructure and 
        physical plant that are essential to carry out 
        underground nuclear tests at the Nevada Test Site.
          (C) A description of the readiness status of the 
        skills and capabilities described in subparagraph (A) 
        and of the infrastructure and physical plant described 
        in subparagraph (B).
    (3) Each report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 4209.\29\ REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED 
                    NUCLEAR WEAPONS.
---------------------------------------------------------------------------

    \29\ 50 U.S.C. 2529. Formerly at 42 U.S.C. 7271d, as sec. 3143 of 
this Act. Redesignated as sec. 4209 by sec. 3141(e)(10) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1759).
---------------------------------------------------------------------------
    (a) Requirement for Request for Funds for Development.--(1) 
In any fiscal year after fiscal year 2002 in which the 
Secretary of Energy plans to carry out activities described in 
paragraph (2) relating to the development of a new nuclear 
weapon or modified nuclear weapon, the Secretary shall 
specifically request funds for such activities in the budget of 
the President for that fiscal year under section 1105(a) of 
title 31, United States Code.
    (2) The activities described in this paragraph are as 
follows:
          (A) The conduct, or provision for conduct, of 
        research and development which could lead to the 
        production of a new nuclear weapon by the United 
        States.
          (B) The conduct, or provision for conduct, of 
        engineering or manufacturing to carry out the 
        production of a new nuclear weapon by the United 
        States.
          (C) The conduct, or provision for conduct, of 
        research and development which could lead to the 
        production of a modified nuclear weapon by the United 
        States.
          (D) The conduct, or provision for conduct, of 
        engineering or manufacturing to carry out the 
        production of a modified nuclear weapon by the United 
        States.
    (b) Budget Request Format.--The Secretary shall include in 
a request for funds under subsection (a) the following:
          (1) In the case of funds for activities described in 
        subparagraph (A) or (C) of subsection (a)(2), a single 
        dedicated line item for all such activities for new 
        nuclear weapons or modified nuclear weapons that are in 
        phase 1, 2, or 2A or phase 6.1, 6.2, or 6.2A (as the 
        case may be), or any concept work prior to phase 1 or 
        6.1 (as the case may be), of the nuclear weapons 
        acquisition process.
          (2) In the case of funds for activities described in 
        subparagraph (B) or (D) of subsection (a)(2), a 
        dedicated line item for each such activity for a new 
        nuclear weapon or modified nuclear weapon that is in 
        phase 3 or higher or phase 6.3 or higher (as the case 
        may be) of the nuclear weapons acquisition process.
    (c) Exception.--Subsection (a) shall not apply to funds for 
purposes of conducting, or providing for the conduct of, 
research and development, or manufacturing and engineering, 
determined by the Secretary to be necessary--
          (1) for the nuclear weapons life extension program;
          (2) to modify an existing nuclear weapon solely to 
        address safety or reliability concerns; or
          (3) to address proliferation concerns.
    (d) Definitions.--In this section:
          (1) The term ``life extension program'' means the 
        program to repair or replace non-nuclear components, or 
        to modify the pit or canned subassembly, of nuclear 
        weapons that are in the nuclear weapons stockpile on 
        the date of the enactment of this Act in order to 
        assure that such nuclear weapons retain the ability to 
        meet the military requirements applicable to such 
        nuclear weapons when first placed in the nuclear 
        weapons stockpile.
          (2) The term ``modified nuclear weapon'' means a 
        nuclear weapon that contains a pit or canned 
        subassembly, either of which--
                  (A) is in the nuclear weapons stockpile as of 
                the date of the enactment of this Act; and
                  (B) is being modified in order to meet a 
                military requirement that is other than the 
                military requirements applicable to such 
                nuclear weapon when first placed in the nuclear 
                weapons stockpile.
          (3) The term ``new nuclear weapon'' means a nuclear 
        weapon that contains a pit or canned subassembly, 
        either of which is neither--
                  (A) in the nuclear weapons stockpile on the 
                date of the enactment of this Act; nor
                  (B) in production as of that date.

SEC. 4210.\30\ LIMITATION ON UNDERGROUND NUCLEAR WEAPONS TESTS.

    No underground test of nuclear weapons may be conducted by 
the United States after September 30, 1996, unless a foreign 
state conducts a nuclear test after this date, at which time 
the prohibition on United States nuclear testing is lifted.
---------------------------------------------------------------------------
    \30\ 50 U.S.C. 2530. Sec. 3141(e)(11) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1760) redesignated sec. 507(f) of the Energy and Water Development 
Appropriations Act, 1993 as sec. 4210, striking out ``(f)''. Sec. 
3141(e)(11) of Public Law 108-136 cites the appropriations measure as 
Public Law 102-337; should read Public Law 102-377.
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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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
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    \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.
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          * * * * * * *
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    \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.
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            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.
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    \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''.
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    (c) \52\ Restricted Data Defined.--In this section, the 
term ``restricted data'' has the meaning provided by section 11 
y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
---------------------------------------------------------------------------
    \52\ Sec. 3141(h)(2)(D)(ii) of Public Law 108-136 (117 Stat. 1771) 
struck out ``(2) For purposes of paragraph (1),'' and inserted in lieu 
thereof ``(c) Restricted Data Defined.--In this section,'', which 
resulted in subsec. (c) preceding subsec. (b).
---------------------------------------------------------------------------
    (b) Extension of Notice-and-Wait Requirement Regarding 
Proposed Cooperation Agreements.--Section 3155(b) of the 
National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337; 108 Stat. 3092) is amended by striking out 
``December 31, 1995'' and inserting in lieu thereof ``October 
1, 1996''.

SEC. 4502.\53\ RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY 
                    FOREIGN VISITORS FROM SENSITIVE COUNTRIES.

    (a) Background Review Required.--The Secretary of Energy 
may not admit to any facility of a national laboratory other 
than areas accessible to the general public any individual who 
is a citizen or agent of a nation that is named on the current 
sensitive countries list unless the Secretary first completes a 
background review with respect to that individual.
---------------------------------------------------------------------------
    \53\ 50 U.S.C. 2652; formerly at 42 U.S.C. 7383c. Sec. 3141(h)(3) 
of the National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136; 117 Stat. 1771) redesignated sec. 3146 of Public Law 106-
65 as sec. 4502.
---------------------------------------------------------------------------
    (b) Moratorium Pending Certification.--(1) During the 
period described in paragraph (2), the Secretary may not admit 
to any facility of a national laboratory other than areas 
accessible to the general public any individual who is a 
citizen or agent of a nation that is named on the current 
sensitive countries list.
    (2) The period referred to in paragraph (1) is the period 
beginning on November 4, 1999,\54\ and ending on the later of 
the following:
---------------------------------------------------------------------------
    \54\ Sec. 3141(h)(3)(D)(i)(I) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1771) struck 
out ``30 days after the date of the enactment of this Act'' and 
inserted ``on November 4, 1999,''.
---------------------------------------------------------------------------
          (A) January 3, 2000.\55\
---------------------------------------------------------------------------
    \55\ Sec. 3141(h)(3)(D)(i)(II) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1771) struck out ``The date that is 90 days after the date of the 
enactment of this Act'' and inserted in lieu thereof ``January 3, 
2000''.
---------------------------------------------------------------------------
          (B) The date that is 45 days after the date on which 
        the Secretary submits to Congress the certifications 
        described in paragraph (3).
    (3) The certifications referred to in paragraph (2) are one 
certification each by the Director of Counterintelligence of 
the Department of Energy, the Director of the Federal Bureau of 
Investigation, and the Director of Central Intelligence, of 
each of the following:
          (A) That the foreign visitors program at that 
        facility complies with applicable orders, regulations, 
        and policies of the Department of Energy relating to 
        the safeguarding and security of sensitive information 
        and fulfills any counterintelligence requirements 
        arising under such orders, regulations, and policies.
          (B) That the foreign visitors program at that 
        facility complies with Presidential Decision Directives 
        and similar requirements relating to the safeguarding 
        and security of sensitive information and fulfills any 
        counterintelligence requirements arising under such 
        Directives or requirements.
          (C) That the foreign visitors program at that 
        facility includes adequate protections against the 
        inadvertent release of Restricted Data, information 
        important to the national security of the United 
        States, and any other sensitive information the 
        disclosure of which might harm the interests of the 
        United States.
          (D) That the foreign visitors program at that 
        facility does not pose an undue risk to the national 
        security interests of the United States.
    (c) Waiver of Moratorium.--(1) The Secretary of Energy may 
waive the prohibition in subsection (b) on a case-by-case basis 
with respect to any specific individual or any specific 
delegation of individuals whose admission to a national 
laboratory is determined by the Secretary to be in the interest 
of the national security of the United States.
    (2) Not later than the seventh day of the month following a 
month in which a waiver is made, the Secretary shall submit a 
report in writing providing notice of each waiver made in that 
month to the following:
          (A) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
          (B) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
    (3) Each such report shall be in classified form and shall 
contain the identity of each individual or delegation for whom 
such a waiver was made and, with respect to each such 
individual or delegation, the following information:
          (A) A detailed justification for the waiver.
          (B) For each individual with respect to whom a 
        background review was conducted, whether the background 
        review determined that negative information exists with 
        respect to that individual.
          (C) The Secretary's certification that the admission 
        of that individual or delegation to a national 
        laboratory is in the interest of the national security 
        of the United States.
    (4) The authority of the Secretary under paragraph (1) may 
be delegated only to the Director of Counterintelligence of the 
Department of Energy.
    (d) Exception to Moratorium for Certain Individuals.--The 
moratorium under subsection (b) shall not apply to any person 
who--
          (1) is, on October 5, 1999,\56\ an employee or 
        assignee of the Department of Energy, or of a 
        contractor of the Department; and
---------------------------------------------------------------------------
    \56\ Sec. 3141(h)(3)(D)(ii) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1772) struck 
out ``the date of the enactment of this Act,'' and inserted in lieu 
thereof ``October 5, 1999,''.
---------------------------------------------------------------------------
          (2) has undergone a background review in accordance 
        with subsection (a).
    (e) Exception to Moratorium for Certain Programs.--The 
moratorium under subsection (b) shall not apply--
          (1) to activities relating to cooperative threat 
        reduction with states of the former Soviet Union; or
          (2) to the materials protection control and 
        accounting program of the Department.
    (f) Sense of Congress Regarding Background Reviews.--It is 
the sense of Congress that the Secretary of Energy, the 
Director of the Federal Bureau of Investigation, and the 
Director of Central Intelligence should ensure that background 
reviews carried out under this section are completed in not 
more than 15 days.
    (g) Definitions.--For purposes of this section:
          (1) The term ``background review'', commonly known as 
        an indices check, means a review of information 
        provided by the Director of Central Intelligence and 
        the Director of the Federal Bureau of Investigation 
        regarding personal background, including information 
        relating to any history of criminal activity or to any 
        evidence of espionage.
          (2) The term ``sensitive countries list'' means the 
        list prescribed by the Secretary of Energy known as the 
        Department of Energy List of Sensitive Countries as in 
        effect on January 1, 1999.
          (3) \57\ The term ``national laboratory'' means any 
        of the following:
---------------------------------------------------------------------------
    \57\ Sec. 3141(h)(3)(D)(iii) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1772) added 
paras. (3) and (4).
---------------------------------------------------------------------------
          (4) \57\ The term ``Restricted Data'' has the meaning 
        given that term in section 11 y. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(y)).
          * * * * * * *
           i. Department of Defense Appropriations Act, 2003

    Partial text of Public Law 107-248 [H.R. 5010], 116 Stat. 1519, 
 approved October 23, 2002; as amended by Public Law 108-84 [H.J. Res. 
 69], 117 Stat. 1042, approved September 30, 2003; Public Law 108-104 
 [H.J. Res. 75], 117 Sat. 1200, approved October 31, 2002; Public Law 
108-107 [H.J. Res. 76], 117 Stat. 1240, approved November 7, 2003; and 
by Public Law 108-135 [H.J. Res. 79], 117 Stat. 1391, approved November 
                                22, 2003

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2003, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2003, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 8073.\1\ During the current fiscal year and hereafter, 
the Secretary of Defense may waive reimbursement of the cost of 
conferences, seminars, courses of instruction, or similar 
educational activities of the Asia-Pacific Center for Security 
Studies for military officers and civilian officials of foreign 
nations if the Secretary determines that attendance by such 
personnel, without reimbursement, is in the national security 
interest of the United States: Provided, That costs for which 
reimbursement is waived pursuant to this section shall be paid 
from appropriations available for the Asia-Pacific Center.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. note prec. 2161.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8093.\2\ During the current fiscal year and hereafter, 
under regulations prescribed by the Secretary of Defense, the 
Center of Excellence for Disaster Management and Humanitarian 
Assistance may also pay, or authorize payment for, the expenses 
of providing or facilitating education and training for 
appropriate military and civilian personnel of foreign 
countries in disaster management, peace operations, and 
humanitarian assistance.
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 182 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8132.\3\ The budget of the President for fiscal year 
2004 submitted to the Congress pursuant to section 1105 of 
title 31, United States Code, and each annual budget request 
thereafter, shall include separate budget justification 
documents for costs of United States Armed Forces' 
participation in contingency operations for the Military 
Personnel accounts, the Overseas Contingency Operations 
Transfer Fund, the Operation and Maintenance accounts, and the 
Procurement accounts: Provided, That these budget justification 
documents shall include a description of the funding requested 
for each anticipated contingency operation, for each military 
service, to include active duty and Guard and Reserve 
components, and for each appropriation account: Provided 
further, That these documents shall include estimated costs for 
each element of expense or object class, a reconciliation of 
increases and decreases for ongoing contingency operations, and 
programmatic data including, but not limited to troop strength 
for each active duty and Guard and Reserve component, and 
estimates of the major weapons systems deployed in support of 
each contingency: Provided further, That these documents shall 
include budget exhibits OP-5 and OP-32, as defined in the 
Department of Defense Financial Management Regulation, for the 
Overseas Contingency Operations Transfer Fund for fiscal years 
2002 and 2003.
---------------------------------------------------------------------------
    \3\ 10 U.S.C. 221 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8144. (a) The conditions described in section 1305 of 
the National Defense Authorization Act for Fiscal Year 2000 
(Public Law 106-65; 22 U.S.C. 5952 note) shall not apply to the 
obligation and expenditure of funds for fiscal years 2000, 
2001, 2002 and 2003 for the planning, design, or construction 
of a chemical weapons destruction facility in Russia if the 
President submits to Congress a written certification that 
includes--
          (1) a statement as to why waiving the conditions is 
        important to the national security interests of the 
        United States;
          (2) a full and complete justification for exercising 
        this waiver; and
          (3) a plan to promote a full and accurate disclosure 
        by Russia regarding the size, content, status, and 
        location of its chemical weapons stockpile.
    (b) Expiration of Authority.--The authority under paragraph 
(a) shall expire on January 31, 2004.\4\
---------------------------------------------------------------------------
    \4\ Sec. 135 of Public Law 108-84 (117 Stat. 1048) struck out 
``September 30, 2003'' and inserted in lieu thereof ``October 31, 
2003''. Subsequently Sec. 3 of Public Law 108-104 (117 Sat. 1200) 
struck out ``October 31, 2003'' and inserted in lieu thereof ``November 
7, 2003''. Sec. 2 of Public Law 108-107 (117 Stat. 1240) struck out 
``November 7, 2003'' and inserted in lieu thereof ``November 21, 
2003''. Sec. 2 of Public Law 108-135 (117 Stat. 1391) struck out 
``November 21, 2003'' and inserted in lieu thereof ``January 31, 
2004''.
---------------------------------------------------------------------------
          * * * * * * *
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 2003''.
       j. National Defense Authorization Act for Fiscal Year 2002

Partial text of Public Law 107-107 [S. 1438], 115 Stat. 1012, approved 
                           December 28, 2001

 AN ACT To authorize appropriations for fiscal year 2002 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 2002''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal year 2002 for the use 
of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, 
for operation and maintenance, in amounts as follows: * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $49,700,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $820,381,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $403,000,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $2,844,226,000.
          * * * * * * *
    (b) Adjustment.--The total amount authorized to be 
appropriated pursuant to paragraphs (1) through (5) of 
subsection (a) is the sum of the amounts authorized to be 
appropriated in such paragraphs, reduced by $125,000,000, which 
represents savings resulting from reduced energy costs.
          * * * * * * *

SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER EXPANDED 
                    ARABIC LANGUAGE PROGRAM.

    Of the amount authorized to be appropriated by section 
301(a)(1) for operation and maintenance for the Army, $650,000 
may be available for the Defense Language Institute Foreign 
Language Center for an expanded Arabic language program.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2002, as follows:
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 115 note.
---------------------------------------------------------------------------
          (1) The Army, 480,000.
          (2) The Navy, 376,000.
          (3) The Marine Corps, 172,600.
          (4) The Air Force, 358,800.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

    Section 691(b) of title 10, United States Code, is 
amended--* * *
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
                    FISCAL YEAR 2002.

    (a) Fiscal Year 2002 Limitation.--The total amount 
contributed by the Secretary of Defense in fiscal year 2002 for 
the common-funded budgets of NATO may be any amount up to, but 
not in excess of, the amount specified in subsection (b) 
(rather than the maximum amount that would otherwise be 
applicable to those contributions under the fiscal year 1998 
baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable 
under subsection (a) is the sum of the following:
          (1) The amounts of unexpended balances, as of the end 
        of fiscal year 2001, of funds appropriated for fiscal 
        years before fiscal year 2002 for payments for those 
        budgets.
          (2) The amount specified in subsection (c)(1).
          (3) The amount specified in subsection (c)(2).
          (4) The total amount of the contributions authorized 
        to be made under section 2501.
    (c) Authorized Amounts.--Amounts authorized to be 
appropriated by titles II and III of this Act are available for 
contributions for the common-funded budgets of NATO as follows:
          (1) Of the amount provided in section 201(1), 
        $708,000 for the Civil Budget.
          (2) Of the amount provided in section 301(a)(1), 
        $175,849,000 for the Military Budget.
    (d) Definitions.--For purposes of this section:
          (1) Common-funded budgets of nato.--The term 
        ``common-funded budgets of NATO'' means the Military 
        Budget, the Security Investment Program, and the Civil 
        Budget of the North Atlantic Treaty Organization (and 
        any successor or additional account or program of 
        NATO).
          (2) Fiscal year 1998 baseline limitation.--The term 
        ``fiscal year 1998 baseline limitation'' means the 
        maximum annual amount of Department of Defense 
        contributions for common-funded budgets of NATO that is 
        set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of 
        the Protocols to the North Atlantic Treaty of 1949 on 
        the Accession of Poland, Hungary, and the Czech 
        Republic (as defined in section 4(7) of that 
        resolution), approved by the Senate on April 30, 1998.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING 
                    OPERATIONS FOR FISCAL YEAR 2002.

    (a) Limitation.--Of the amounts authorized to be 
appropriated by section 301(a)(24) for the Overseas Contingency 
Operations Transfer Fund--
          (1) no more than $1,315,600,000 may be obligated for 
        incremental costs of the Armed Forces for Bosnia 
        peacekeeping operations; and
          (2) no more than $1,528,600,000 may be obligated for 
        incremental costs of the Armed Forces for Kosovo 
        peacekeeping operations.
    (b) Presidential Waiver.--The President may waive the 
limitation in subsection (a)(1), or the limitation in 
subsection (a)(2), after submitting to Congress the following:
          (1) The President's written certification that the 
        waiver is necessary in the national security interests 
        of the United States.
          (2) The President's written certification that 
        exercising the waiver will not adversely affect the 
        readiness of United States military forces.
          (3) A report setting forth the following:
                  (A) The reasons that the waiver is necessary 
                in the national security interests of the 
                United States.
                  (B) The specific reasons that additional 
                funding is required for the continued presence 
                of United States military forces participating 
                in, or supporting, Bosnia peacekeeping 
                operations, or Kosovo peacekeeping operations, 
                as the case may be, for fiscal year 2002.
                  (C) A discussion of the impact on the 
                military readiness of United States Armed 
                Forces of the continuing deployment of United 
                States military forces participating in, or 
                supporting, Bosnia peacekeeping operations, or 
                Kosovo peacekeeping operations, as the case may 
                be.
          (4) A supplemental appropriations request for the 
        Department of Defense for such amounts as are necessary 
        for the additional fiscal year 2002 costs associated 
        with United States military forces participating in, or 
        supporting, Bosnia or Kosovo peacekeeping operations.
    (c) Peacekeeping Operations Defined.--For the purposes of 
this section:
          (1) The term ``Bosnia peacekeeping operations'' has 
        the meaning given such term in section 1004(e) of the 
        Strom Thurmond National Defense Authorization Act for 
        Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
          (2) The term ``Kosovo peacekeeping operations''--
                  (A) means the operation designated as 
                Operation Joint Guardian and any other 
                operation involving the participation of any of 
                the Armed Forces in peacekeeping or peace 
                enforcement activities in and around Kosovo; 
                and
                  (B) includes, with respect to Operation Joint 
                Guardian or any such other operation, each 
                activity that is directly related to the 
                support of the operation.

SEC. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE PROGRAM.

    The total amount authorized to be appropriated for the 
National Foreign Intelligence Program for fiscal year 2002 is 
the sum of the following:
          (1) The total amount set forth for the National 
        Foreign Intelligence Program for fiscal year 2002 in 
        the message of the President to Congress transmitted by 
        the President on June 27, 2001, and printed as House 
        Document 107-92, captioned ``Communication of the 
        President of the United States Transmitting Requests 
        for Fiscal Year 2002 Budget Amendments for the 
        Department of Defense''.
          (2) The total amount, if any, appropriated for the 
        National Foreign Intelligence Program for fiscal year 
        2002 pursuant to the 2001 Emergency Supplemental 
        Appropriations Act for Recovery from and Response to 
        Terrorist Attacks on the United States (Public Law 107-
        38; 115 Stat. 220-221).
          (3) The total amount, if any, appropriated for the 
        National Foreign Intelligence Program for fiscal year 
        2002 in any law making supplemental appropriations for 
        fiscal year 2002 that is enacted during the second 
        session of the 107th Congress.
          * * * * * * *

                Subtitle B--Naval Vessels and Shipyards

SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
                    COUNTRIES.

    (a) Transfers by Grant.--The President is authorized to 
transfer vessels to foreign countries on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j) as follows:
          (1) Poland.--To the Government of Poland, the OLIVER 
        HAZARD PERRY class guided missile frigate WADSWORTH 
        (FFG 9).
          (2) Turkey.--To the Government of Turkey, the KNOX 
        class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 
        1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084), 
        REASONER (FF 1063), and BOWEN (FF 1079).
    (b) Transfers by Sale.--The President is authorized to 
transfer vessels to foreign governments and foreign 
governmental entities on a sale basis under section 21 of the 
Arms Export Control Act (22 U.S.C. 2761) as follows:
          (1) Taiwan.--To the Taipei Economic and Cultural 
        Representative Office in the United States (which is 
        the Taiwan instrumentality designated pursuant to 
        section 10(a) of the Taiwan Relations Act), the KIDD 
        class guided missile destroyers KIDD (DDG 993), 
        CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 
        996).
          (2) Turkey.--To the Government of Turkey, the OLIVER 
        HAZARD PERRY class guided missile frigates ESTOCIN (FFG 
        15) and SAMUEL ELIOT MORISON (FFG 13).
    (c) Grants Not Counted in Annual Total of Transferred 
Excess Defense Articles.--The value of a vessel transferred to 
another country on a grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
authority provided by subsection (a) shall not be counted for 
the purposes of subsection (g) of that section in the aggregate 
value of excess defense articles transferred to countries under 
that section in any fiscal year.
    (d) Costs of Transfers on Grant Basis.--Any expense 
incurred by the United States in connection with a transfer 
authorized by this section shall be charged to the recipient 
(notwithstanding section 516(e)(1) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer 
authorized to be made on a grant basis under subsection (a).
    (e) Waiver Authority.--For a vessel transferred on a grant 
basis pursuant to authority provided by subsection (a)(2), the 
President may waive reimbursement of charges for the lease of 
that vessel under section 61(a) of the Arms Export Control Act 
(22 U.S.C. 2796(a)) for a period of one year before the date of 
the transfer of that vessel.
    (f) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall require, 
as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a 
shipyard located in the United States, including a United 
States Navy shipyard.
    (g) Expiration of Authority.--The authority to transfer a 
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
          * * * * * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE DEPARTMENT 
                    OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
                    OTHER GOVERNMENTAL AGENCIES.

    Section 1004 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) is 
amended to read as follows: * * *

SEC. 1022. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF 
                    DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-
                    DRUG ACTIVITIES.

    Section 1022 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106-398; 114 Stat. 1654A-255) is amended--* * *
          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

       Subtitle A--Matters Related to Arms Control and Monitoring

Sec. 1201. Clarification of authority to furnish nuclear test monitoring 
          equipment to foreign governments.
Sec. 1202. Limitation on funding for Joint Data Exchange Center in 
          Moscow.
Sec. 1203. Support of United Nations-sponsored efforts to inspect and 
          monitor Iraqi weapons activities.
Sec. 1204. Authority for employees of Federal Government contractors to 
          accompany chemical weapons inspection teams at Government-
          owned facilities.
Sec. 1205. Plan for securing nuclear weapons, material, and expertise of 
          the states of the former Soviet Union.

   Subtitle B--Matters Relating to Allies and Friendly Foreign Nations

Sec. 1211. Acquisition of logistical support for security forces.
Sec. 1212. Extension of authority for international cooperative research 
          and development projects.
Sec. 1213. Cooperative agreements with foreign countries and 
          international organizations for reciprocal use of test 
          facilities.
Sec. 1214. Sense of Congress on allied defense burdensharing.

                           Subtitle C--Reports

Sec. 1221. Report on significant sales and transfers of military 
          hardware, expertise, and technology to the People's Republic 
          of China.
Sec. 1222. Repeal of requirement for reporting to Congress on military 
          deployments to Haiti.
Sec. 1223. Report by Comptroller General on provision of defense 
          articles, services, and military education and training to 
          foreign countries and international organizations.

     Subtitle A--Matters Related to Arms Control and Monitoring \2\

          * * * * * * *
---------------------------------------------------------------------------
    \2\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

  Subtitle B--Matters Relating to Allies and Friendly Foreign Nations

SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY FORCES.

    Section 5 of the Multinational Force and Observers 
Participation Resolution (22 U.S.C. 3424) is amended by adding 
at the end the following new subsection: * * * \3\
---------------------------------------------------------------------------
    \3\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. II, sec. G.
---------------------------------------------------------------------------

SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE 
                    RESEARCH AND DEVELOPMENT PROJECTS.

    (a) Eligibility of Friendly Foreign Countries.--Section 
2350a of title 10, United States Code, is amended--* * *

SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND 
                    INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL USE OF 
                    TEST FACILITIES.

    (a) Authority.--Subchapter II of chapter 138 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 2350l. Cooperative agreements for reciprocal use of test 
                    facilities: foreign countries and international 
                    organizations * * *

SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.

    It is the sense of Congress that--
          (1) the efforts of the President to increase defense 
        burdensharing by allied and friendly nations deserve 
        strong support; and
          (2) host nation support agreements with those nations 
        in which United States military personnel are assigned 
        to permanent duty ashore should be negotiated 
        consistent with section 1221(a)(1) of the National 
        Defense Authorization Act for Fiscal Year 1998 (Public 
        Law 105-85; 50 U.S.C. 1541(a)(1)), which sets forth a 
        goal of obtaining from any such host nation financial 
        contributions that amount to 75 percent of the 
        nonpersonnel costs incurred by the United States 
        Government for stationing United States military 
        personnel in that nation.

                          Subtitle C--Reports

SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY 
                    HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S 
                    REPUBLIC OF CHINA.

    Section 1202 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 
113 note) is amended by adding at the end the following new 
subsection: * * *

SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON MILITARY 
                    DEPLOYMENTS TO HAITI.

    Section 1232(b) of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788; 50 
U.S.C. 1541 note) is repealed.

SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF DEFENSE 
                    ARTICLES, SERVICES, AND MILITARY EDUCATION AND 
                    TRAINING TO FOREIGN COUNTRIES AND INTERNATIONAL 
                    ORGANIZATIONS.

    (a) Study.--The Comptroller General shall conduct a study 
of the following:
          (1) The benefits derived by each foreign country or 
        international organization from the receipt of defense 
        articles, defense services, or military education and 
        training provided after December 31, 1989, pursuant to 
        the drawdown of such articles, services, or education 
        and training from the stocks of the Department of 
        Defense under section 506, 516, or 552 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2318, 2321j, or 
        2348a) or any other provision of law.
          (2) Any benefits derived by the United States from 
        the provision of defense articles, defense services, 
        and military education and training described in 
        paragraph (1).
          (3) The effect on the readiness of the Armed Forces 
        as a result of the provision by the United States of 
        defense articles, defense services, and military 
        education and training described in paragraph (1).
          (4) The cost to the Department of Defense with 
        respect to the provision of defense articles, defense 
        services, and military education and training described 
        in paragraph (1).
    (b) Reports.--(1) Not later than April 15, 2002, the 
Comptroller General shall submit to Congress an interim report 
containing the results to that date of the study conducted 
under subsection (a).
    (2) Not later than August 1, 2002, the Comptroller General 
shall submit to Congress a final report containing the results 
of the study conducted under subsection (a).

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                            SOVIET UNION \4\

          * * * * * * *
---------------------------------------------------------------------------
    \4\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
 k. Floyd D. Spence National Defense Authorization Act for Fiscal Year 
                                  2001

    Partial text of Public Law 106-398 [H.R. 4205], 114 Stat. 1654, 
 approved October 30, 2000; amended by Public Law 107-67 [Treasury and 
General Government Appropriations Act, 2002; H.R. 2590], 115 Stat. 514, 
   approved November 12, 2001; Public Law 107-107 [National Defense 
   Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, 
  approved December 28, 2001; Public Law 107-314 [Bob Stump National 
 Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 
    2458, approved December 2, 2002; Public Law 108-7 [Consolidated 
 Appropriations Resolution, 2003; H.J. Res. 2], 117 Stat. 11, approved 
 February 20, 2003; Public Law 108-136 [National Defense Authorization 
Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 
 24, 2003; Public Law 109-108 [Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006; H.R. 2862], 119 Stat. 2290, 
approved November 22, 2005; and by Public Law 109-163 [National Defense 
  Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, 
                        approved January 6, 2006

 AN ACT To authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION 
                    ACT.

    The provisions of H.R. 5408 of the 106th Congress, as 
introduced on October 6, 2000, are hereby enacted into law.

SEC. 2. PUBLICATION OF ACT.

    In publishing this Act in slip form and in the United 
States Statutes at Large pursuant to section 112 of title 1, 
United States Code, the Archivist of the United States shall 
include after the date of approval an appendix setting forth 
the text of the bill referred to in section 1.

                          APPENDIX--H.R. 5408

    A bill to authorize appropriations for fiscal year 2001 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001''.
    (b) Findings.--* * *

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.
          * * * * * * *

              Subtitle A--Authorization of Appropriations

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES 
                    PROGRAM.

    None of the funds authorized to be appropriated under 
section 201(4) for the Russian American Observation Satellites 
program may be obligated or expended until 30 days after the 
Secretary of Defense submits to Congress a report explaining 
how the Secretary plans to protect United States advanced 
military technology that may be associated with the Russian 
American Observation Satellites program.
          * * * * * * *

                 Subtitle C--Ballistic Missile Defense

          * * * * * * *

SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.

    (a) Report On Ballistic Missile Threat.--Not later than two 
weeks after the next flight test by North Korea of a long-range 
ballistic missile, the President shall submit to Congress, in 
classified and unclassified form, a report on the North Korean 
ballistic missile threat to the United States. The report shall 
include the following:
          (1) An assessment of the current North Korean missile 
        threat to the United States.
          (2) An assessment of whether the United States is 
        capable of defeating the North Korean long-range 
        missile threat to the United States as of the date of 
        the report.
          (3) An assessment of when the United States will be 
        capable of defeating the North Korean missile threat to 
        the United States.
          (4) An assessment of the potential for proliferation 
        of North Korean missile technologies to other states 
        and whether such proliferation will accelerate the 
        development of additional long-range ballistic missile 
        threats to the United States.
    (b) Report on Reducing Vulnerability.--Not later than two 
weeks after the next flight test by North Korea of a long-range 
ballistic missile, the President shall submit to Congress a 
report providing the following:
          (1) Any additional steps the President intends to 
        take to reduce the period of time during which the 
        Nation is vulnerable to the North Korean long-range 
        ballistic missile threat.
          (2) The technical and programmatic viability of 
        testing any other missile defense systems against 
        targets with flight characteristics similar to the 
        North Korean long-range missile threat, and plans to do 
        so if such tests are considered to be a viable 
        alternative.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographic sense, means the 
50 States, the District of Columbia, and any Commonwealth, 
territory, or possession of the United States.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2001 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $55,900,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $869,000,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $443,400,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $4,100,577,000.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2001, as follows:
          (1) The Army, 480,000.
          (2) The Navy, 372,642.
          (3) The Marine Corps, 172,600.
          (4) The Air Force, 357,000.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

    (a) Revised End Strength Floors.--Section 691(b) of title 
10, United States Code, is amended--* * *
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
                    FISCAL YEAR 2001.

    (a) Fiscal Year 2001 Limitation.--The total amount 
contributed by the Secretary of Defense in fiscal year 2001 for 
the common-funded budgets of NATO may be any amount up to, but 
not in excess of, the amount specified in subsection (b) 
(rather than the maximum amount that would otherwise be 
applicable to those contributions under the fiscal year 1998 
baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable 
under subsection (a) is the sum of the following:
          (1) The amounts of unexpended balances, as of the end 
        of fiscal year 2000, of funds appropriated for fiscal 
        years before fiscal year 2001 for payments for those 
        budgets.
          (2) The amount specified in subsection (c)(1).
          (3) The amount specified in subsection (c)(2).
          (4) The total amount of the contributions authorized 
        to be made under section 2501.
    (c) Authorized Amounts.--Amounts authorized to be 
appropriated by titles II and III of this Act are available for 
contributions for the common-funded budgets of NATO as follows:
          (1) Of the amount provided in section 201(1), 
        $743,000 for the Civil Budget.
          (2) Of the amount provided in section 301(1), 
        $181,981,000 for the Military Budget.
    (d) Definitions.--For purposes of this section:
          (1) Common-funded budgets of nato.--The term 
        ``common-funded budgets of NATO'' means the Military 
        Budget, the Security Investment Program, and the Civil 
        Budget of the North Atlantic Treaty Organization (and 
        any successor or additional account or program of 
        NATO).
          (2) Fiscal year 1998 baseline limitation.--The term 
        ``fiscal year 1998 baseline limitation'' means the 
        maximum annual amount of Department of Defense 
        contributions for common-funded budgets of NATO that is 
        set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of 
        the Protocols to the North Atlantic Treaty of 1949 on 
        the Accession of Poland, Hungary, and the Czech 
        Republic (as defined in section 4(7) of that 
        resolution), approved by the Senate on April 30, 1998.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING 
                    OPERATIONS FOR FISCAL YEAR 2001.

    (a) Limitation.--Of the amounts authorized to be 
appropriated by section 301(24) for the Overseas Contingency 
Operations Transfer Fund--
          (1) no more than $1,387,800,000 may be obligated for 
        incremental costs of the Armed Forces for Bosnia 
        peacekeeping operations; and
          (2) no more than $1,650,400,000 may be obligated for 
        incremental costs of the Armed Forces for Kosovo 
        peacekeeping operations.
    (b) Presidential Waiver.--The President may waive the 
limitation in subsection (a)(1), or the limitation in 
subsection (a)(2), after submitting to Congress the following:
          (1) The President's written certification that the 
        waiver is necessary in the national security interests 
        of the United States.
          (2) The President's written certification that 
        exercising the waiver will not adversely affect the 
        readiness of United States military forces.
          (3) A report setting forth the following:
                  (A) The reasons that the waiver is necessary 
                in the national security interests of the 
                United States.
                  (B) The specific reasons that additional 
                funding is required for the continued presence 
                of United States military forces participating 
                in, or supporting, Bosnia peacekeeping 
                operations, or Kosovo peacekeeping operations, 
                as the case may be, for fiscal year 2001.
                  (C) A discussion of the impact on the 
                military readiness of United States Armed 
                Forces of the continuing deployment of United 
                States military forces participating in, or 
                supporting, Bosnia peacekeeping operations, or 
                Kosovo peacekeeping operations, as the case may 
                be.
          (4) A supplemental appropriations request for the 
        Department of Defense for such amounts as are necessary 
        for the additional fiscal year 2001 costs associated 
        with United States military forces participating in, or 
        supporting, Bosnia or Kosovo peacekeeping operations.
    (c) Peacekeeping Operations Defined.--For the purposes of 
this section:
          (1) The term ``Bosnia peacekeeping operations'' has 
        the meaning given such term in section 1004(e) of the 
        Strom Thurmond National Defense Authorization Act for 
        Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
          (2) The term ``Kosovo peacekeeping operations''--
                  (A) means the operation designated as 
                Operation Joint Guardian and any other 
                operation involving the participation of any of 
                the Armed Forces in peacekeeping or peace 
                enforcement activities in and around Kosovo; 
                and
                  (B) includes, with respect to Operation Joint 
                Guardian or any such other operation, each 
                activity that is directly related to the 
                support of the operation.
          * * * * * * *

                Subtitle B--Naval Vessels and Shipyards

          * * * * * * *

SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
                    COUNTRIES.

    (a) Transfers by Grant.--The President is authorized to 
transfer vessels to foreign countries on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j) as follows:
          (1) Brazil.--To the Government of Brazil--
                  (A) the THOMASTON class dock landing ships 
                ALAMO (LSD 33) and HERMITAGE (LSD 34); and
                  (B) the GARCIA class frigates BRADLEY (FF 
                1041), DAVIDSON (FF 1045), SAMPLE (FF 1048) and 
                ALBERT DAVID (FF 1050).
          (2) Greece.--To the Government of Greece, the KNOX 
        class frigates VREELAND (FF 1068) and TRIPPE (FF 1075).
    (b) Transfers on a Combined Lease-Sale Basis.--(1) The 
President is authorized to transfer vessels to foreign 
countries on a combined lease-sale basis under sections 61 and 
21 of the Arms Export Control Act (22 U.S.C. 2796 and 2761) and 
in accordance with subsection (c) as follows:
          (A) Chile.--To the Government of Chile, the OLIVER 
        HAZARD PERRY class guided missile frigates WADSWORTH 
        (FFG 9), and ESTOCIN (FFG 15).
          (B) Turkey.--To the Government of Turkey, the OLIVER 
        HAZARD PERRY class guided missile frigates JOHN A. 
        MOORE (FFG 19) and FLATLEY (FFG 21).
    (2) The authority provided under paragraph (1)(B) is in 
addition to the authority provided under section 1018(a)(9) of 
the National Defense Authorization Act for Fiscal Year 2000 
(Public Law 106-65; 113 Stat. 745) for the transfer of those 
vessels to the Government of Turkey on a sale basis under 
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
    (c) Conditions Relating to Combined Lease-Sale Transfers.--
A transfer of a vessel on a combined lease-sale basis 
authorized by subsection (b) shall be made in accordance with 
the following requirements:
          (1) The President may initially transfer the vessel 
        by lease, with lease payments suspended for the term of 
        the lease, if the country entering into the lease for 
        the vessel simultaneously enters into a foreign 
        military sales agreement for the transfer of title to 
        the vessel.
          (2) The President may not deliver to the purchasing 
        country title to the vessel until the purchase price of 
        the vessel under such a foreign military sales 
        agreement is paid in full.
          (3) Upon payment of the purchase price in full under 
        such a sales agreement and delivery of title to the 
        recipient country, the President shall terminate the 
        lease.
          (4) If the purchasing country fails to make full 
        payment of the purchase price in accordance with the 
        sales agreement by the date required under the sales 
        agreement--
                  (A) the sales agreement shall be immediately 
                terminated;
                  (B) the suspension of lease payments under 
                the lease shall be vacated; and
                  (C) the United States shall be entitled to 
                retain all funds received on or before the date 
                of the termination under the sales agreement, 
                up to the amount of the lease payments due and 
                payable under the lease and all other costs 
                required by the lease to be paid to that date.
          (5) If a sales agreement is terminated pursuant to 
        paragraph (4), the United States shall not be required 
        to pay any interest to the recipient country on any 
        amount paid to the United States by the recipient 
        country under the sales agreement and not retained by 
        the United States under the lease.
    (d) Authorization of Appropriations for Costs of Lease-Sale 
Transfers.--There is hereby authorized to be appropriated into 
the Defense Vessels Transfer Program Account such sums as may 
be necessary for paying the costs (as defined in section 502 of 
the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the 
lease-sale transfers authorized by subsection (b). Amounts so 
appropriated shall be available only for the purpose of paying 
those costs.
    (e) Grants Not Counted in Annual Total of Transferred 
Excess Defense Articles.--The value of a vessel transferred to 
another country on a grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
authority provided by subsection (a) shall not be counted for 
the purposes of subsection (g) of that section in the aggregate 
value of excess defense articles transferred to countries under 
that section in any fiscal year.
    (f) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 
516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(e)(1))) in the case of a transfer authorized to be made 
on a grant basis under subsection (a)).
    (g) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall require, 
as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a 
shipyard located in the United States, including a United 
States Navy shipyard.
    (h) Expiration of Authority.--The authority to transfer a 
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
    (i) \1\ Coordination of Provisions.--(1) If the Security 
Assistance Act of 2000 is enacted before this Act, the 
provisions of this section shall not take effect.
---------------------------------------------------------------------------
    \1\ The Security Assistance Act of 2000 was signed into law on 
October 6, 2000, as Public Law 106-280.
---------------------------------------------------------------------------
    (2) If the Security Assistance Act of 2000 is enacted after 
this Act, this section shall cease to be in effect upon the 
enactment of that Act.

SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE FORMER 
                    NAVAL VESSEL BY GOVERNMENT OF GREECE.

    (a) Authority for Retransfer of Alternative Vessel.--
Section 1012 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 740) is 
amended--
          (1) in subsection (a), by inserting after ``HS Rodos 
        (ex-USS BOWMAN COUNTY (LST 391))'' the following: ``, 
        LST 325, or any other former United States LST 
        previously transferred to the Government of Greece that 
        is excess to the needs of that government''; and
          (2) in subsection (b)(1), by inserting 
        ``retransferred under subsection (a)'' after ``the 
        vessel''.
    (b) Repeal.--Section 1305 of the Arms Control, 
Nonproliferation, and Security Assistance Act of 1999 (113 
Stat. 1501A-511) is repealed.

                  Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF COLOMBIA.

    (a) Extension of Authority.--Section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881) is amended--* * *

SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                    FOREIGN COUNTER-DRUG ACTIVITIES.

    Not later than April 15, 2006,\2\ the Secretary of Defense 
shall submit to the congressional defense committees a report 
detailing the expenditure of funds by the Secretary during the 
preceding fiscal year \3\ in direct or indirect support of the 
counter-drug activities of foreign governments. The report 
shall include the following for each foreign government:
---------------------------------------------------------------------------
    \2\ Sec. 1021(a) of Public Law 109-163 (119 Stat. 3426) struck out 
``January 1, 2001, and April 15, 2002,'' and inserted in lieu thereof 
``April 15, 2006,''. Previously, sec. 1022(1) of Public Law 107-107 
(115 Stat. 1215) inserted ``and April 15, 2002,'' after ``January 1, 
2001,''.
    \3\ Sec. 1022(2) of Public Law 107-107 (115 Stat. 1215) struck out 
``fiscal year 2000'' and inserted in lieu thereof ``the preceding 
fiscal year''.
---------------------------------------------------------------------------
          (1) The total amount of assistance provided to, or 
        expended on behalf of, the foreign government.
          (2) A description of the types of counter-drug 
        activities conducted using the assistance.
          (3) \4\ A description of each base of operation or 
        training facility established, constructed, or operated 
        using the assistance, including any minor construction 
        projects carried out using such assistance, and the 
        amount of assistance expended on base of operations and 
        training facilities.
---------------------------------------------------------------------------
    \4\ Sec. 1021(b) of Public Law 109-163 (119 Stat. 3427) 
redesignated para. (3) as para. (4) and added a new para. (3).
---------------------------------------------------------------------------
          (4) \4\ An explanation of the legal authority under 
        which the assistance was provided.

SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES.

    (a) Requirement for Submittal of Recommendations.--Not 
later than February 1, 2001, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives the recommendations of the 
Secretary regarding whether expanded support for counter-drug 
activities should be authorized under section 1033 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1881) for the region that includes the 
countries that are covered by that authority on the date of the 
enactment of this Act.
    (b) Content of Submission.--The submission under subsection 
(a) shall include the following:
          (1) What, if any, additional countries should be 
        covered.
          (2) What, if any, additional support should be 
        provided to covered countries, together with the 
        reasons for recommending the additional support.
          (3) For each country recommended under paragraph (1), 
        a plan for providing support, including the counter-
        drug activities proposed to be supported.

SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.

    (a) Requirement for Review.--The Secretary of Defense shall 
review the riverine counter-drug program supported under 
section 1033 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881).
    (b) Report.--Not later than February 1, 2001, the Secretary 
shall submit a report on the riverine counter-drug program to 
the Committees on Armed Services of the Senate and the House of 
Representatives. The report shall include, for each country 
receiving support under the riverine counter-drug program, the 
following:
          (1) The Assistant Secretary's assessment of the 
        effectiveness of the program.
          (2) A recommendation regarding which of the Armed 
        Forces, units of the Armed Forces, or other 
        organizations within the Department of Defense should 
        be responsible for managing the program.
    (c) Delegation of Authority.--The Secretary shall require 
the Assistant Secretary of Defense for Special Operations and 
Low Intensity Conflict to carry out the responsibilities under 
this section.
          * * * * * * *

SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES FOR COUNTER-
                    DRUG AND COUNTER-TERRORISM ACTIVITIES.

    It is the sense of Congress that the President should be 
able to use members of the Army, Navy, Air Force, and Marine 
Corps to assist law enforcement agencies, to the full extent 
consistent with section 1385 of title 18, United States Code 
(commonly known as the Posse Comitatus Act), section 375 of 
title 10, United States Code, and other applicable law, in 
preventing the entry into the United States of terrorists and 
drug traffickers, weapons of mass destruction, components of 
weapons of mass destruction, and prohibited narcotics and 
drugs.
          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

               Subtitle A--Matters Related to Arms Control

Sec. 1201. Support of United Nations-sponsored efforts to inspect and 
          monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms control and 
          regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign 
          governments.
Sec. 1204. Additional matters for annual report on transfers of 
          militarily sensitive technology to countries and entities of 
          concern.

               Subtitle B--Matters Relating to the Balkans

Sec. 1211. Annual report assessing effect of continued operations in the 
          Balkans region on readiness to execute the national military 
          strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.

Subtitle C--North Atlantic Treaty Organization and United States Forces 
                                in Europe

Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift support 
          through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States military 
          engagement in Europe.

                        Subtitle D--Other Matters

Sec. 1231. Joint data exchange center with Russian Federation on early 
          warning systems and notification of ballistic missile 
          launches.
Sec. 1232. Report on sharing and exchange of ballistic missile launch 
          early warning data.
Sec. 1233. Annual report of Communist Chinese military companies 
          operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels of 
          high performance computers.
Sec. 1235. Increased authority to provide health care services as 
          humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.\5\

              Subtitle A--Matters Related to Arms Control

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND 
                    MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) Limitation on Amount of Assistance in Fiscal Year 
2001.--The total amount of the assistance for fiscal year 2001 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 
U.S.C. 5859a) as activities of the Department of Defense in 
support of activities under that Act may not exceed 
$15,000,000.
---------------------------------------------------------------------------
    \5\ Sec. 1 of the United States-China Economic and Security Review 
Commission (division P of Public Law 108-7; 117 Stat. 552) amended sec. 
1238, including the section heading, but did not amend the table of 
contents preceding title XII.
---------------------------------------------------------------------------
    (b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by 
striking ``2000'' and inserting ``2001''.

SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL 
                    AND REGIONAL SECURITY ISSUES.

    Of the amount authorized to be appropriated by section 
301(5), up to $1,000,000 is available for the support of 
programs to promote formal and informal region-wide 
consultations among Arab, Israeli, and United States officials 
and experts on arms control and security issues concerning the 
Middle East region.

SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN 
                    GOVERNMENTS.

    (a) In General.--Chapter 152 of title 10, United States 
Code, is amended by adding at the end the following new 
section: * * * \6\
---------------------------------------------------------------------------
    \6\ Sec. 1203(a) added a new sec. 2555 (now at 2565) to title 10 
United States Code, relating to furnishing nuclear test monitoring 
equipment to foreign governments.
---------------------------------------------------------------------------
    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following new item: * * *

SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF 
                    MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND 
                    ENTITIES OF CONCERN.

    Section 1402(b) of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is 
amended by adding at the end the following new paragraph: * * *

              Subtitle B--Matters Relating to the Balkans

SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED OPERATIONS IN 
                    THE BALKANS REGION ON READINESS TO EXECUTE THE 
                    NATIONAL MILITARY STRATEGY.

    Section 1035 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 753) is 
amended--* * *

SEC. 1212. SITUATION IN THE BALKANS.

    (a) Establishment of NATO Benchmarks for Withdrawal of 
Forces From Kosovo.--The President shall develop, not later 
than May 31, 2001, militarily significant benchmarks for 
conditions that would achieve a sustainable peace in Kosovo and 
ultimately allow for the withdrawal of the United States 
military presence in Kosovo. Congress urges the President to 
seek concurrence among member nations of the North Atlantic 
Treaty Organization in the development of those benchmarks.
    (b) Comprehensive Political-Military Strategy.--(1) The 
President--
          (A) shall develop a comprehensive political-military 
        strategy for addressing the political, economic, 
        humanitarian, and military issues in the Balkans; and
          (B) shall establish near-term, mid-term, and long-
        term objectives in the region.
    (2) In developing that strategy and those objectives, the 
President shall take into consideration--
          (A) the benchmarks relating to Kosovo developed as 
        described in subsection (a); and
          (B) the benchmarks relating to Bosnia that were 
        detailed in the report accompanying the certification 
        by the President to Congress on March 3, 1998 (printed 
        as House Document 105-223), with respect to the 
        continued presence of United States Armed Forces, after 
        June 30, 1998, in Bosnia and Herzegovina, submitted to 
        Congress pursuant to section 7 of title I of the 1998 
        Supplemental Appropriations and Rescissions Act (Public 
        Law 105-174; 112 Stat. 63).
    (3) That strategy and those objectives shall be developed 
in consultation with appropriate regional and international 
entities.
    (c) Semiannual Report on Benchmarks.--Not later than June 
30, 2001, and every six months thereafter, the President shall 
submit to Congress a report on the progress made in achieving 
the benchmarks developed pursuant to subsection (a). The 
President may submit a single report covering these benchmarks 
and the benchmarks relating to Bosnia referred to in subsection 
(b)(2)(B).
    (d) Semiannual Report on Comprehensive Strategy.--Not later 
than June 30, 2001, and every six months thereafter so long as 
United States forces are in the Balkans, the President shall 
submit to Congress a report on the progress being made in 
developing and implementing a comprehensive political-military 
strategy as described in subsection (b)(1)(A).

SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.

    (a) Requirement for Periodic Report.--The President shall 
submit to the specified congressional committees a semiannual 
report on the contributions of European nations and 
organizations to the peacekeeping operations in Kosovo. The 
first such report shall be submitted not later than December 1, 
2000.
    (b) Content of Report.--Each report shall contain detailed 
information on the following:
          (1) The commitments and pledges made by the European 
        Commission, the member nations of the European Union, 
        and the European member nations of the North Atlantic 
        Treaty Organization for--
                  (A) reconstruction assistance in Kosovo;
                  (B) humanitarian assistance in Kosovo;
                  (C) the Kosovo Consolidated Budget;
                  (D) police (including special police) for the 
                United Nations international police force for 
                Kosovo; and
                  (E) military personnel for peacekeeping 
                operations in Kosovo.
          (2) The amount of the assistance that has been 
        provided in each category, and the number of police and 
        military personnel that have been deployed to Kosovo, 
        by each organization or nation referred to in paragraph 
        (1).
          (3) The full range of commitments and 
        responsibilities that have been undertaken for Kosovo 
        by the United Nations, the European Union, and the 
        Organization for Security and Cooperation in Europe 
        (OSCE), the progress made by those organizations in 
        fulfilling those commitments and responsibilities, an 
        assessment of the tasks that remain to be accomplished, 
        and an anticipated schedule for completing those tasks.
    (d) Specified Congressional Committees.--In the section, 
the term ``specified congressional committees'' means--
          (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations 
        of the Senate; and
          (2) the Committee on Armed Services, the Committee on 
        International Relations, and the Committee on 
        Appropriations of the House of Representatives.

Subtitle C--North Atlantic Treaty Organization and United States Forces 
                               in Europe

SEC. 1221.\7\ NATO FAIR BURDENSHARING.

    (a) Report on Costs of Operation Allied Force.--The 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the costs to the 
United States of the 78-day air campaign known as Operation 
Allied Force conducted against the Federal Republic of 
Yugoslavia during the period from March 24 through June 9, 
1999. The report shall include the following:
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) The costs of ordnance expended, fuel consumed, 
        and personnel.
          (2) The estimated cost of the reduced service life of 
        United States aircraft and other systems participating 
        in the operation.
    (b) Report on Burdensharing of Future NATO Operations.--
Whenever the North Atlantic Treaty Organization undertakes a 
military operation, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
describing--
          (1) the contributions to that operation made by each 
        of the member nations of the North Atlantic Treaty 
        Organization during that operation; and
          (2) the contributions that each of the member nations 
        of the North Atlantic Treaty Organization are making or 
        have pledged to make during any follow-on operation.
    (c) Time for Submission of Report.--A report under 
subsection (b) shall be submitted not later than 90 days after 
the completion of the military operation.
    (d) Applicability.--Subsection (b) shall apply only with 
respect to military operations begun after the date of the 
enactment of this Act.

SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT 
                    THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.

    Section 2350c of title 10, United States Code, is amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsection (e) as subsection 
        (d).

SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED STATES 
                    MILITARY ENGAGEMENT IN EUROPE.

    (a) Comptroller General Study.--The Comptroller General 
shall conduct a study assessing the benefits and costs to the 
United States and United States national security interests of 
the engagement of United States forces in Europe and of United 
States military strategies used to shape the international 
security environment in Europe.
    (b) Matters To Be Included.--The study shall include an 
assessment of the following matters:
          (1) The benefits and costs to the United States of 
        having forces stationed in Europe and assigned to areas 
        of regional conflict such as Bosnia and Kosovo.
          (2) The benefits and costs associated with stationing 
        United States forces in Europe and with assigning those 
        forces to areas of regional conflict, including an 
        analysis of the benefits and costs of deploying United 
        States forces with the forces of European allies.
          (3) The amount and type of the following kinds of 
        contributions to European security made by European 
        allies in 1999 and 2000:
                  (A) Financial contributions.
                  (B) Contributions of military personnel and 
                units.
                  (C) Contributions of nonmilitary personnel, 
                such as medical personnel, police officers, 
                judicial officers, and other civic officials.
                  (D) Contributions, including contributions in 
                kind, for humanitarian and reconstruction 
                assistance and infrastructure building or 
                activities that contribute to regional 
                stability, whether in lieu of or in addition to 
                military-related contributions.
          (4) The extent to which a forward United States 
        military presence compensates for existing shortfalls 
        of air and sea lift capability in the event of regional 
        conflict in Europe or the Middle East.
    (c) Report.--The Comptroller General shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the results of the study not later 
than December 1, 2001.

                       Subtitle D--Other Matters

SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY 
                    WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC 
                    MISSILE LAUNCHES.

    (a) Authority.--The Secretary of Defense is authorized to 
establish, in conjunction with the Government of the Russian 
Federation, a United States-Russian Federation joint center for 
the exchange of data from systems to provide early warning of 
launches of ballistic missiles and for notification of launches 
of such missiles.
    (b) Specific Actions.--The actions that the Secretary 
undertakes for the establishment of the center may include--
          (1) subject to subsection (d), participating in the 
        renovation of a mutually agreed upon facility to be 
        made available by the Russian Federation; and
          (2) the furnishing of such equipment and supplies as 
        may be necessary to begin the operation of the center.
    (c) Report Required.--(1) Not later than 30 days after the 
date of the enactment of this Act, the Secretary shall submit 
to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a 
report on plans for the joint data exchange center.
    (2) The report shall include the following:
          (A) A detailed explanation as to why the particular 
        facility intended to house the center was chosen.
          (B) An estimate of the total cost of renovating that 
        facility for use by the center.
          (C) A description of the manner by which the United 
        States proposes to meet its share of the costs of such 
        renovation.
    (d) Limitation.--(1) The Secretary of Defense may 
participate under subsection (b) in the renovation of the 
facility identified in the report under subsection (c) only if 
the United States and the Russian Federation enter into a cost-
sharing arrangement that provides for an equal sharing between 
the two nations of the cost of establishing the center, 
including the costs of renovating and operating the facility.
    (2) Not more than $4,000,000 of funds appropriated for 
fiscal year 2001 may be obligated or expended after the date of 
the enactment of this Act by the Secretary of Defense for the 
renovation of such facility until 30 days after the date on 
which the Secretary submits to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House 
of Representatives a copy of a written agreement between the 
United States and the Russian Federation that provides details 
of the cost-sharing arrangement specified in paragraph (1), in 
accordance with the Memorandum of Agreement between the two 
nations signed in Moscow in June 2000.

SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE LAUNCH 
                    EARLY WARNING DATA.

    Not later than March 15, 2001, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report on current and planned activities of 
the Department of Defense with respect to the sharing and 
exchange with other countries of early warning data concerning 
ballistic missile launches. The report shall include the 
Secretary's assessment of the benefits and risks of sharing 
such data with other countries on a bilateral or multilateral 
basis.

SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY COMPANIES 
                    OPERATING IN THE UNITED STATES.

    Section 1237(b) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is 
amended--* * *

SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS OF 
                    HIGH PERFORMANCE COMPUTERS.

    (a) Layover Period for New Performance Levels.--Section 
1211 of the National Defense Authorization Act for Fiscal Year 
1998 (50 U.S.C. App. 2404 note) is amended--* * *
    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to any new composite theoretical performance level 
established for purposes of section 1211(a) of the National 
Defense Authorization Act for Fiscal Year 1998 that is 
submitted by the President pursuant to section 1211(d) of that 
Act on or after the date of the enactment of this Act.

SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS 
                    HUMANITARIAN AND CIVIC ASSISTANCE.

    Section 401(e)(1) of title 10, United States Code, is 
amended by striking ``rural areas of a country'' and inserting 
``areas of a country that are rural or are underserved by 
medical, dental, and veterinary professionals, respectively''.

SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS SOLDIERS.

    (a) Findings.--Congress makes the following findings:
          (1) In the year 2000, approximately 300,000 
        individuals under the age of 18 are participating in 
        armed conflict in more than 30 countries worldwide.
          (2) Many children participating in armed conflict in 
        various countries around the world are forcibly 
        conscripted through kidnapping or coercion, while 
        others join military units due to economic necessity, 
        to avenge the loss of a family member, or for their own 
        personal safety.
          (3) Many military commanders frequently force child 
        soldiers to commit gruesome acts of ritual killings or 
        torture against their enemies, including against other 
        children.
          (4) Many military commanders separate children from 
        their families in order to foster dependence on 
        military units and leaders, leaving children vulnerable 
        to manipulation, deep traumatization, and in need of 
        psychological counseling and rehabilitation.
          (5) Child soldiers are exposed to hazardous 
        conditions and risk physical injuries, sexually 
        transmitted diseases, malnutrition, deformed backs and 
        shoulders from carrying overweight loads, and 
        respiratory and skin infections.
          (6) Many young female soldiers face the additional 
        psychological and physical horrors of rape and sexual 
        abuse, being enslaved for sexual purposes by militia 
        commanders, and forced to endure severe social stigma 
        should they return home.
          (7) Children in northern Uganda continue to be 
        kidnapped by the Lords Resistance Army (LRA), which is 
        supported and funded by the Government of Sudan and 
        which has committed and continues to commit gross human 
        rights violations in Uganda.
          (8) Children in Sri Lanka have been forcibly 
        recruited by the opposition Tamil Tigers movement and 
        forced to kill or be killed in the armed conflict in 
        that country.
          (9) An estimated 7,000 child soldiers have been 
        involved in the conflict in Sierra Leone, some as young 
        as age 10, with many being forced to commit 
        extrajudicial executions, torture, rape, and 
        amputations for the rebel Revolutionary United Front.
          (10) On January 21, 2000, in Geneva, a United Nations 
        Working Group, including representatives from more than 
        80 governments including the United States, reached 
        consensus on an international agreement, referred to in 
        this case as an ``optional protocol'', on the use of 
        child soldiers.
          (11) This optional protocol, upon entry into force, 
        will--
                  (A) raise the international minimum age for 
                conscription and will require governments to 
                take all feasible measures to ensure that 
                members of their armed forces under age 18 do 
                not participate directly in combat;
                  (B) prohibit the recruitment and use in armed 
                conflict of persons under the age of 18 by non-
                governmental armed forces;
                  (C) encourage governments to raise the 
                minimum legal age for voluntary recruits above 
                the current standard of 15, and
                  (D) commit governments to support the 
                demobilization and rehabilitation of child 
                soldiers and, when possible, to allocate 
                resources to this purpose.
          (12) On October 29, 1998, United Nations Secretary 
        General Kofi Annan set minimum age requirements for 
        United Nations peacekeeping personnel that are made 
        available by member nations of the United Nations.
          (13) The United Nations Under-Secretary General for 
        Peace-keeping, Bernard Miyet, announced in the Fourth 
        Committee of the General Assembly that contributing 
        governments of member nations were asked not to send 
        civilian police and military observers under the age of 
        25 and that troops in national contingents should 
        preferably be at least 21 years of age but in no case 
        should they be younger than 18 years of age.
          (14) On August 25, 1999, the United Nations Security 
        Council unanimously passed Resolution 1261 (1999) 
        condemning the use of children in armed conflicts.
          (15) In addressing the Security Council on August 26, 
        1999, the Special Representative of the Secretary 
        General for Children and Armed Conflict, Olara Otunnu, 
        urged the adoption of a global three-pronged approach 
        to combatting the use of children in armed conflict 
        that would--
                  (A) first, raise the age limit for 
                recruitment and participation in armed conflict 
                from the present age of 15 to the age of 18;
                  (B) second, increase international pressure 
                on armed groups which currently abuse children; 
                and
                  (C) third, address the political, social, and 
                economic factors that create an environment in 
                which children are induced by appeal of 
                ideology or by socio-economic collapse to 
                become child soldiers.
          (16) The United States delegation to the United 
        Nations working group relating to child soldiers, which 
        included representatives from the Department of 
        Defense, supported the Geneva agreement on the optional 
        protocol.
          (17) On May 25, 2000, the United Nations General 
        Assembly unanimously adopted the optional protocol on 
        the use of child soldiers.
          (18) The optional protocol was opened for signature 
        on June 5, 2000.
          (19) The President signed the optional protocol on 
        behalf of the United States on July 5, 2000.
    (b) Congressional Statements on Child Soldiers.--Congress 
joins the international community in--
          (1) condemning the use of children as soldiers by 
        governmental and nongovernmental armed forces 
        worldwide; and
          (2) welcoming the optional protocol on the use of 
        child soldiers adopted by the United Nations General 
        Assembly on May 25, 2000, as a critical first step in 
        ending the use of children as soldiers.
    (c) Sense of Congress on Further Actions.--It is the sense 
of Congress that--
          (1) it is essential that the President consult 
        closely with the Senate with the objective of building 
        support for ratification by the United States of the 
        optional protocol and that the Senate move forward as 
        expeditiously as possible;
          (2) the United States should provide assistance, 
        through a new fund to be established by law, for the 
        rehabilitation and reintegration into their respective 
        civilian societies of child soldiers of other nations; 
        and
          (3) the President, acting through the Secretaries of 
        State and Defense and other appropriate officials, 
        should undertake all possible efforts to persuade and 
        encourage other governments to ratify and endorse the 
        optional protocol on the use of child soldiers.

SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND RECOVERY.

    (a) Findings.--Congress makes the following findings:
          (1) The tragic loss in August 2000 of the Russian 
        submarine Kursk resulted in the death of all 118 
        members of the submarine's crew.
          (2) The Kursk is the third vessel of the submarine 
        fleet of the Russian Federation and its predecessor, 
        the Union of Soviet Socialist Republics, to be lost in 
        an accident at sea with considerable loss of life of 
        the officers and crews of those submarines.
          (3) The United States submarines USS Thresher and USS 
        Scorpion, with their officers and crews, were also lost 
        at sea in tragic accidents, in 1963 and 1968, 
        respectively.
          (4) The United States, the Russian Federation, and 
        other maritime nations possess extensive capabilities 
        consisting of naval and research vessels and other 
        assets that could be used to respond to accidents or 
        incidents involving submarines or other undersea 
        vessels.
          (5) The United States Navy has rescue agreements with 
        the navies of 14 countries from Europe, the Western 
        Pacific, and the Americas, but not including the 
        Russian Federation, and exercises regularly to train 
        crews and practice submarine rescue procedures with the 
        navies of participating nations.
    (b) Expression of Sympathy.--Congress expresses its 
sympathy and the sympathy of the American people to the people 
of the Russian Federation and joins the Russian people in 
mourning the death of the crewmen of the submarine Kursk.
    (c) Sense of Congress Concerning International 
Cooperation.--It is the sense of Congress that when undersea 
accidents or incidents involving submarines or other undersea 
vessels occur, it is in the best interests of all nations to 
work together to respond promptly to the accident or incident, 
rescue and recover the crew of the vessel, minimize the loss of 
life, and prevent damage to the oceans.
    (d) Establishment of Plan for Responding to Undersea 
Accidents or Incidents.--Congress urges the President of the 
United States and the President of the Russian Federation, in 
coordination with the leaders of other maritime nations that 
possess undersea naval and research vessels and undersea rescue 
capabilities, to cooperate in establishing a plan for--
          (1) responding to accidents or incidents involving 
        submarines or other undersea vessels; and
          (2) rescue and recovery of the crew of the vessels 
        involved in such accidents or incidents.

SEC. 1238.\8\ UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW 
                    COMMISSION.

    (a) Purposes.--The purposes of this section are as follows:
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 7002. Sec. 2(b)(1) of the United States-China 
Economic and Security Review Commission (division P of Public Law 108-
7; 117 Stat. 552) inserted ``ECONOMIC AND'' in the section catchline 
and throughout the section.
    Sec. 635(a) of Public Law 109-108 (119 Stat. 2346) provided the 
following:
    ``Sec. 635. (a) Modification of Responsibilities.--Notwithstanding 
any provision of section 1238 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), or any other 
provision of law, the United States-China Economic and Security Review 
Commission established by subsection (b) of that section shall 
investigate and report exclusively on each of the following areas:
---------------------------------------------------------------------------

  ``(1) Proliferation practices.--The role of the People's Republic of 
China in the proliferation of weapons of mass destruction and other weapons 
(including dual use technologies), including actions the United States 
might take to encourage the People's Republic of China to cease such 
practices.

  ``(2) Economic transfers.--The qualitative and quantitative nature of the 
transfer of United States production activities to the People's Republic of 
China, including the relocation of high technology, manufacturing, and 
research and development facilities, the impact of such transfers on United 
States national security, the adequacy of United States export control 
laws, and the effect of such transfers on United States economic security 
and employment.

  ``(3) Energy.--The effect of the large and growing economy of the 
People's Republic of China on world energy supplies and the role the United 
States can play (including through joint research and development efforts 
and technological assistance) in influencing the energy policy of the 
People's Republic of China.

  ``(4) Access to united states capital markets.--The extent of access to 
and use of United States capital markets by the People's Republic of China, 
including whether or not existing disclosure and transparency rules are 
adequate to identify People's Republic of China companies engaged in 
harmful activities.

  ``(5) Regional economic and security impacts.--The triangular economic 
and security relationship among the United States, Taipei, and the People's 
Republic of China (including the military modernization and force 
deployments of the People's Republic of China aimed at Taipei), the 
national budget of the People's Republic of China, and the fiscal strength 
of the People's Republic of China in relation to internal instability in 
the People's Republic of China and the likelihood of the externalization of 
problems arising from such internal instability.

  ``(6) United states-china bilateral programs.--Science and technology 
programs, the degree of non-compliance by the People's Republic of China 
with agreements between the United States and the People's Republic of 
China on prison labor imports and intellectual property rights, and United 
States enforcement policies with respect to such agreements.

  ``(7) World trade organization compliance.--The compliance of the 
People's Republic of China with its accession agreement to the World Trade 
Organization (WTO).

  ``(8) Freedom of expression.--The implications of restrictions on speech 
and access to information in the People's Republic of China for its 
relations with the United States in the areas of economic and security 
policy.''.

          (1) To establish the United States-China Economic and 
        \8\ Security Review Commission to review the national 
        security implications of trade and economic ties 
        between the United States and the People's Republic of 
        China.
          (2) To facilitate the assumption by the United 
        States-China Economic and \8\ Security Review 
        Commission of its duties regarding the review referred 
        to in paragraph (1) by providing for the transfer to 
        that Commission of staff, materials, and infrastructure 
        (including leased premises) of the Trade Deficit Review 
        Commission that are appropriate for the review upon the 
        submittal of the final report of the Trade Deficit 
        Review Commission.
    (b) Establishment of United States-China Economic and \8\ 
Security Review Commission.--
          (1) In general.--There is hereby established a 
        commission to be known as the United States-China 
        Economic and \8\ Security Review Commission (in this 
        section referred to as the ``Commission'').
          (2) Purpose.--The purpose of the Commission is to 
        monitor, investigate, and report to Congress on the 
        national security implications of the bilateral trade 
        and economic relationship between the United States and 
        the People's Republic of China.
          (3) Membership.--The United States-China Economic and 
        \8\ Security Review Commission shall be composed of 12 
        members, who shall be appointed in the same manner 
        provided for the appointment of members of the Trade 
        Deficit Review Commission under section 127(c)(3) of 
        the Trade Deficit Review Commission Act (19 U.S.C. 2213 
        note), except that--
                  (A) appointment of members by the Speaker of 
                the House of Representatives shall be made 
                after consultation with the chairman of the 
                Committee on Armed Services of the House of 
                Representatives, in addition to consultation 
                with the chairman of the Committee on Ways and 
                Means of the House of Representatives provided 
                for under clause (iii) of subparagraph (A) of 
                that section;
                  (B) appointment of members by the President 
                pro tempore of the Senate upon the 
                recommendation of the majority leader of the 
                Senate shall be made after consultation with 
                the chairman of the Committee on Armed Services 
                of the Senate, in addition to consultation with 
                the chairman of the Committee on Finance of the 
                Senate provided for under clause (i) of that 
                subparagraph;
                  (C) appointment of members by the President 
                pro tempore of the Senate upon the 
                recommendation of the minority leader of the 
                Senate shall be made after consultation with 
                the ranking minority member of the Committee on 
                Armed Services of the Senate, in addition to 
                consultation with the ranking minority member 
                of the Committee on Finance of the Senate 
                provided for under clause (ii) of that 
                subparagraph;
                  (D) appointment of members by the minority 
                leader of the House of Representatives shall be 
                made after consultation with the ranking 
                minority member of the Committee on Armed 
                Services of the House of Representatives, in 
                addition to consultation with the ranking 
                minority member of the Committee on Ways and 
                Means of the House of Representatives provided 
                for under clause (iv) of that subparagraph;
                  (E) persons appointed to the Commission shall 
                have expertise in national security matters and 
                United States-China relations, in addition to 
                the expertise provided for under subparagraph 
                (B)(i)(I) of that section;
                  (F) \9\ each appointing authority referred 
                tounder subparagraphs (A) through (D) of this 
                paragraph shall--
---------------------------------------------------------------------------
    \9\ Sec. 2(c)(1) of the United States-China Economic and Security 
Review Commission (division P of Public Law 108-7; 117 Stat. 552) 
amended and restated subpara. (F). It formerly read as follows:
    ``(F) members shall be appointed to the Commission not later than 
30 days after the date on which each new Congress convenes;''.
---------------------------------------------------------------------------
                          (i) appoint 3 members to the 
                        Commission;
                          (ii) make the appointments on a 
                        staggered term basis, such that--
                                  (I) 1 appointment shall be 
                                for a term expiring on December 
                                31, 2003;
                                  (II) 1 appointment shall be 
                                for a term expiring on December 
                                31, 2004; and
                                  (III) 1 appointment shall be 
                                for a term expiring on December 
                                31, 2005;
                          (iii) make all subsequent 
                        appointments on an approximate 2-year 
                        term basis to expire on December 31 of 
                        the applicable year; and
                          (iv) make appointments not later than 
                        30 days after the date on which each 
                        new Congress convenes;
                  (G) members of the Commission may be 
                reappointed for additional terms of service as 
                members of the Commission; and
                  (H) members of the Trade Deficit Review 
                Commission as of the date of the enactment of 
                this Act shall serve as members of the United 
                States-China Security Review Commission until 
                such time as members are first appointed to the 
                United States-China Economic and \8\ Security 
                Review Commission under this paragraph.
          (4) Retention of support.--The United States-China 
        Economic and \8\ Security Review Commission shall 
        retain and make use of such staff, materials, and 
        infrastructure (including leased premises) of the Trade 
        Deficit Review Commission as the United States-China 
        Economic and \8\ Security Review Commission determines, 
        in the judgment of the members of the United States-
        China Economic and \8\ Security Review Commission, are 
        required to facilitate the ready commencement of 
        activities of the United States-China Economic and \8\ 
        Security Review Commission under subsection (c) or to 
        carry out such activities after the commencement of 
        such activities.
          (5) Chairman and vice chairman.--The members of the 
        Commission shall select a Chairman and Vice Chairman of 
        the Commission from among the members of the 
        Commission.
          (6) Meetings.--
                  (A) Meetings.--The Commission shall meet at 
                the call of the Chairman of the Commission.
                  (B) Quorum.--A majority of the members of the 
                Commission shall constitute a quorum for the 
                transaction of business of the Commission.
          (7) Voting.--Each member of the Commission shall be 
        entitled to one vote, which shall be equal to the vote 
        of every other member of the Commission.
    (c) Duties.--
          (1) Annual report.--Not later than June \10\ 1 each 
        year (beginning in 2002), the Commission shall submit 
        to Congress a report, in both unclassified and 
        classified form, regarding the national security 
        implications and impact of the bilateral trade and 
        economic relationship between the United States and the 
        People's Republic of China. The report shall include a 
        full analysis, along with conclusions and 
        recommendations for legislative and administrative 
        actions, if any, of the national security implications 
        for the United States of the trade and current balances 
        with the People's Republic of China in goods and 
        services, financial transactions, and technology 
        transfers. The Commission shall also take into account 
        patterns of trade and transfers through third countries 
        to the extent practicable.
---------------------------------------------------------------------------
    \10\ Sec. 648 of Public Law 107-67 (115 Stat. 556) struck out 
``March'' and inserted in lieu thereof ``June''.
---------------------------------------------------------------------------
          (2) Contents of report.--Each report under paragraph 
        (1) shall include, at a minimum, a full discussion of 
        the following:
                  (A) The portion of trade in goods and 
                services with the United States that the 
                People's Republic of China dedicates to 
                military systems or systems of a dual nature 
                that could be used for military purposes.
                  (B) The acquisition by the People's Republic 
                of China of advanced military or dual-use 
                technologies from the United States by trade 
                (including procurement) and other technology 
                transfers, especially those transfers, if any, 
                that contribute to the proliferation of weapons 
                of mass destruction or their delivery systems, 
                or that undermine international agreements or 
                United States laws with respect to 
                nonproliferation.
                  (C) Any transfers, other than those 
                identified under subparagraph (B), to the 
                military systems of the People's Republic of 
                China made by United States firms and United 
                States-based multinational corporations.
                  (D) An analysis of the statements and writing 
                of the People's Republic of China officials and 
                officially-sanctioned writings that bear on the 
                intentions, if any, of the Government of the 
                People's Republic of China regarding the 
                pursuit of military competition with, and 
                leverage over, or cooperation with, the United 
                States and the Asian allies of the United 
                States.
                  (E) The military actions taken by the 
                Government of the People's Republic of China 
                during the preceding year that bear on the 
                national security of the United States and the 
                regional stability of the Asian allies of the 
                United States.
                  (F) The effects, if any, on the national 
                security interests of the United States of the 
                use by the People's Republic of China of 
                financial transactions and capital flow and 
                currency manipulations.
                  (G) Any action taken by the Government of the 
                People's Republic of China in the context of 
                the World Trade Organization that is adverse or 
                favorable to the United States national 
                security interests.
                  (H) Patterns of trade and investment between 
                the People's Republic of China and its major 
                trading partners, other than the United States, 
                that appear to be substantively different from 
                trade and investment patterns with the United 
                States and whether the differences have any 
                national security implications for the United 
                States.
                  (I) The extent to which the trade surplus of 
                the People's Republic of China with the United 
                States enhances the military budget of the 
                People's Republic of China.
                  (J) An overall assessment of the state of the 
                security challenges presented by the People's 
                Republic of China to the United States and 
                whether the security challenges are increasing 
                or decreasing from previous years.
          (3) Recommendations of report.--Each report under 
        paragraph (1) shall also include recommendations for 
        action by Congress or the President, or both, including 
        specific recommendations for the United States to 
        invoke Article XXI (relating to security exceptions) of 
        the General Agreement on Tariffs and Trade 1994 with 
        respect to the People's Republic of China, as a result 
        of any adverse impact on the national security 
        interests of the United States.
    (d) Hearings.--
          (1) In general.--The Commission or, at its direction, 
        any panel or member of the Commission, may for the 
        purpose of carrying out the provisions of this section, 
        hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths to 
        the extent that the Commission or any panel or member 
        considers advisable.
          (2) Information.--The Commission may secure directly 
        from the Department of Defense, the Central 
        Intelligence Agency, and any other Federal department 
        or agency information that the Commission considers 
        necessary to enable the Commission to carry out its 
        duties under this section, except the provision of 
        intelligence information to the Commission shall be 
        made with due regard for the protection from 
        unauthorized disclosure of classified information 
        relating to sensitive intelligence sources and methods 
        or other exceptionally sensitive matters, under 
        procedures approved by the Director of Central 
        Intelligence.
          (3) Security.--The Office of Senate Security shall--
                  (A) provide classified storage and meeting 
                and hearing spaces, when necessary, for the 
                Commission; and
                  (B) assist members and staff of the 
                Commission in obtaining security clearances.
          (4) Security clearances.--All members of the 
        Commission and appropriate staff shall be sworn and 
        hold appropriate security clearances.
    (e) Commission Personnel Matters.--
          (1) Compensation of members.--Members of the United 
        States-China Economic and \8\ Security Review 
        Commission shall be compensated in the same manner 
        provided for the compensation of members of the Trade 
        Deficit Review Commission under section 127(g)(1) and 
        section 127(g)(6) of the Trade Deficit Review 
        Commission Act (19 U.S.C. 2213 note).
          (2) Travel expenses.--Travel expenses of the United 
        States-China Economic and \8\ Security Review 
        Commission shall be allowed in the same manner provided 
        for the allowance of the travel expenses of the Trade 
        Deficit Review Commission under section 127(g)(2) of 
        the Trade Deficit Review Commission Act.
          (3) Staff.--An executive director and other 
        additional personnel for the United States-China 
        Economic and \8\ Security Review Commission shall be 
        appointed, compensated, and terminated in the same 
        manner provided for the appointment, compensation, and 
        termination of the executive director and other 
        personnel of the Trade Deficit Review Commission under 
        section 127(g)(3) and section 127(g)(6) of the Trade 
        Deficit Review Commission Act. The executive director 
        and any personnel who are employees of the United 
        States-China Economic and \8\ Security Review 
        Commission shall be employees under section 2105 of 
        title 5, United States Code, for purposes of chapters 
        63, 81, 83, 84, 85, 87, 89, and 90 of that title.\11\
---------------------------------------------------------------------------
    \11\ Sec. 645(a) of Public Law 107-67 (115 Stat. 556) added this 
sentence, effective January 3, 2001.
---------------------------------------------------------------------------
          (4) Detail of government employees.--Federal 
        Government employees may be detailed to the United 
        States-China Economic and \8\ Security Review 
        Commission in the same manner provided for the detail 
        of Federal Government employees to the Trade Deficit 
        Review Commission under section 127(g)(4) of the Trade 
        Deficit Review Commission Act.
          (5) Foreign travel for official purposes.--Foreign 
        travel for official purposes by members and staff of 
        the Commission may be authorized by either the Chairman 
        or the Vice Chairman of the Commission.
          (6) Procurement of temporary and intermittent 
        services.--The Chairman of the United States-China 
        Economic and \8\ Security Review Commission may procure 
        temporary and intermittent services for the United 
        States-China Security Review Commission in the same 
        manner provided for the procurement of temporary and 
        intermittent services for the Trade Deficit Review 
        Commission under section 127(g)(5) of the Trade Deficit 
        Review Commission Act.
    (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to the Commission for fiscal year 2001, 
        and for each fiscal year thereafter, such sums as may 
        be necessary to enable the Commission to carry out its 
        functions under this section.
          (2) Availability.--Amounts appropriated to the 
        Commission shall remain available until expended.
    (g) \12\ Applicability of FACA.--The provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
the activities of the Commission.
---------------------------------------------------------------------------
    \12\ Sec. 635(b) of Public Law 109-108 (119 Stat. 2347) amended and 
restated subsec. (g). It formerly read as follows:
    ``(g) Federal Advisory Committee Act.--The provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.''.
---------------------------------------------------------------------------
    (h) Effective Date.--This section shall take effect on the 
first day of the 107th Congress.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                           SOVIET UNION \13\
---------------------------------------------------------------------------

    \13\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *
---------------------------------------------------------------------------
    \14\ Sec. 3141(f)(4) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1763) redesignated sec. 
3171, relating to annual reports on the status of nuclear materials 
protection, control, and accounting, as sec. 4303 of Public Law 107-
314, and at 50 U.S.C. 2563.
    \15\ Sec. 3141(f)(5) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1763) redesignated sec. 
3172, relating to the Nuclear Cities Initiative, as sec. 4304 of Public 
Law 107-314, and at 50 U.S.C. 2564.
---------------------------------------------------------------------------

    Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

SEC. 3171.\14\ * * * [REDESIGNATED--2003]

SEC. 3172.\15\ * * * [REDESIGNATED--2003]

SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.

    (a) Report Required.--Not later than March 1, 2001, the 
Secretary of Energy shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the efforts of the 
Department of Energy to ensure adequate oversight and 
accountability of the Department's nonproliferation programs in 
Russia and the potential costs and effects of the use of on-
the-ground monitoring for the Department's significant 
nonproliferation programs in Russia. The report shall include 
the following:
          (1) A detailed discussion of the current management 
        and oversight mechanisms used to ensure that Federal 
        funds are expended for the intended purposes of those 
        programs and that the projects are achieving their 
        intended objectives.
          (2) An evaluation of whether those mechanisms are 
        adequate.
          (3) A discussion of whether there is a need for 
        additional employees of the Department, or of 
        contractors of the Department, to be stationed in 
        Russia, or to visit nonproliferation project sites in 
        Russia on a regular basis, to monitor the programs 
        carried out at those sites, and an estimate of the 
        practical considerations and costs of such monitoring.
          (4) An identification of each nonproliferation 
        program and each site at which an employee referred to 
        in paragraph (3) would be placed to monitor that 
        program.
          (5) A description of the costs associated with 
        continued on-the-ground monitoring of those programs, 
        including the costs associated with placing those 
        employees in Russia.
          (6) Recommendations regarding the most cost-effective 
        option for the Department to pursue to ensure that 
        Federal funds for those programs are expended for the 
        intended purposes of those programs.
          (7) Any recommendations of the Secretary for further 
        improvements in the oversight and accountability of 
        those programs, including any proposed legislation.
    (b) GAO Report.--Not later than April 15, 2001, the 
Comptroller General shall submit to the committees referred to 
in subsection (a) a report setting forth the assessment of the 
Comptroller General concerning the information contained in the 
report required by that subsection.

SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF 
                    NONPROLIFERATION PROGRAMS.

    It is the sense of Congress that there should be clear and 
effective coordination among--
          (1) the Nuclear Cities Initiative;
          (2) the Initiatives for Proliferation Prevention 
        program;
          (3) the Cooperative Threat Reduction programs;
          (4) the Nuclear Materials Protection, Control, and 
        Accounting Program; and
          (5) the International Science and Technology Center 
        program.

SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY 
                    PROGRAM.

    Amounts authorized to be appropriated or otherwise made 
available by this title for the Department of Energy for fiscal 
year 2001 for the International Nuclear Safety Program in the 
former Soviet Union and Eastern Europe shall be available only 
for purposes of reactor safety upgrades and training relating 
to nuclear operator and reactor safety.
          * * * * * * *
       l. National Defense Authorization Act for Fiscal Year 2000

 Partial text of Public Law 106-65 [S. 1059], 113 Stat. 512, approved 
October 5, 1999; amended by Public Law 106-113 [Security Assistance Act 
     of 1999; title XII of H.R. 3427, enacted by reference in sec. 
  1000(a)(7), H.R. 3194], 113 Stat. 1536, approved November 29, 1999; 
Public Law 106-398 [Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30, 
2000; Public Law 107-107 [National Defense Authorization Act for Fiscal 
Year 2002; S. 1438], 115 Stat. 1012, approved December 28, 2001; Public 
 Law 108-136 [National Defense Authorization Act for Fiscal Year 2004; 
        H.R. 1588], 117 Stat. 11392, approved November 24, 2003

 AN ACT To authorize appropriations for fiscal year 2000 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 2000''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services and the Committee 
        on Appropriations of the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2000 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $55,800,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $803,500,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $475,500,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $1,879,600,000.
          * * * * * * *

                  Subtitle C--Environmental Provisions

          * * * * * * *

SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING ANY 
                    ENVIRONMENTAL CONTAMINATION AT FORMER UNITED STATES 
                    MILITARY INSTALLATIONS IN THOSE COUNTRIES.

    (a) Response to Request for Information.--Except as 
provided in subsection (b), upon request by the government of a 
foreign country from which United States Armed Forces were 
withdrawn in 1992, the Secretary of Defense shall--
          (1) release to that government available information 
        relevant to the ability of that government to determine 
        the nature and extent of environmental contamination, 
        if any, at a site in that foreign country where the 
        United States operated a military base, installation, 
        or facility before the withdrawal of the United States 
        Armed Forces in 1992; or
          (2) report to Congress on the nature of the 
        information requested and the reasons why the 
        information is not being released.
    (b) Limitation on Release.--Subsection (a)(1) does not 
apply to--
          (1) any information request described in such 
        subsection that is received by the Secretary of Defense 
        after the end of the one-year period beginning on the 
        date of the enactment of this Act;
          (2) any information that the Secretary determines has 
        been previously provided to the foreign government; and
          (3) any information that the Secretary of Defense 
        believes could adversely affect United States national 
        security.
    (c) Liability of the United States.--The requirement to 
provide information under subsection (a)(1) may not be 
construed to establish on the part of the United States any 
liability or obligation for the costs of environmental 
restoration or remediation at any site referred to in such 
subsection.
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

                       Subtitle A--Active Forces

SEC. 401.\1\ END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2000, as follows:
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 115 note.
---------------------------------------------------------------------------
          (1) The Army, 480,000.
          (2) The Navy, 372,037.
          (3) The Marine Corps, 172,518.
          (4) The Air Force, 360,877.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

    (a) Revised End Strength Floors.--Section 691(b) of title 
10, United States Code, is amended--* * * \2\
---------------------------------------------------------------------------
    \2\ See 10 U.S.C. 691.
---------------------------------------------------------------------------
          * * * * * * *

                   TITLE V--MILITARY PERSONNEL POLICY

          * * * * * * *

                   Subtitle E--Education and Training

SEC. 541.\3\ ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL 
                    STUDENT PROGRAM AT THE SENIOR MILITARY COLLEGES.

    (a) In General.--(1) Chapter 103 of title 10, United States 
Code, is amended by adding at the end the following new 
section: * * *
---------------------------------------------------------------------------
    \3\ See 10 U.S.C. 2111b.
---------------------------------------------------------------------------
          * * * * * * *

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          * * * * * * *

             Subtitle B--Department of Defense Organization

          * * * * * * *

SEC. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT OF 
                    DEFENSE.

    (a) Specification of Technology Security Directorate.--For 
purposes of this section, a reference to the Technology 
Security Directorate is a reference to the element within the 
Defense Threat Reduction Agency of the Department of Defense 
having responsibility for technology security matters (known as 
of the date of the enactment of this Act as the Technology 
Security Directorate).
    (b) Functions.--The head of the Technology Security 
Directorate shall have authority to advise the Secretary of 
Defense and the Deputy Secretary of Defense, through the Under 
Secretary of Defense for Policy, on policy issues related to 
the transfer of strategically sensitive technology, including 
issues relating to the following:
          (1) Strategic trade.
          (2) Defense cooperative programs.
          (3) Science and technology agreements and exchanges.
          (4) Export of munitions items.
          (5) International memorandums of understanding.
          (6) Foreign acquisitions.
    (c) Resources for Technology Security Directorate.--The 
Secretary of Defense shall ensure that the head of the 
Technology Security Directorate has appropriate personnel and 
fiscal resources available, and receives all necessary support, 
to carry out the missions of the Directorate efficiently and 
effectively.
    (d) Approval Authority of Under Secretary for Policy.--
Staff and resources of the Technology Security Directorate may 
not be used to fulfill any requirement or activity of the 
Defense Threat Reduction Agency that does not directly relate 
to the technology security and export control missions of the 
Technology Security Directorate except with the prior approval 
of the Under Secretary of Defense for Policy.
    (e) Report on Export Control Resources.--Not later than 
March 1, 2000, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth the 
personnel and budget resources of the Technology Security 
Directorate as of October 1, 1998, and as of September 30, 
1999, as well as any planned increases in those resources for 
fiscal years 2000 and 2001. The report shall include the 
following:
          (1) Numbers of personnel, measured in full-time 
        equivalents.
          (2) Number of license applications reviewed.
          (3) The budget of the Technology Security 
        Directorate.
          (4) The number of personnel during the preceding 
        fiscal year assigned to the Technology Security 
        Directorate who were assigned during that year to 
        assist in activities of the Defense Threat Reduction 
        Agency unrelated to technology security or export 
        control issues, together with an explanation of the 
        effect of any such assignment on the Directorate's 
        ability to fulfill its mission.
          * * * * * * *

SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.

    (a) Establishment.--The Secretary of Defense shall 
establish a Center for the Study of Chinese Military Affairs as 
part of the National Defense University. The Center shall be 
organized under the Institute for National Strategic Studies of 
the University.
    (b) Qualifications of Director.--The Director of the Center 
shall be an individual who is a distinguished scholar of proven 
academic, management, and leadership credentials with a 
superior record of achievement and publication regarding 
Chinese political, strategic, and military affairs.
    (c) Mission.--The mission of the Center is to study and 
inform policymakers in the Department of Defense, Congress, and 
throughout the Government regarding the national goals and 
strategic posture of the People's Republic of China and the 
ability of that nation to develop, field, and deploy an 
effective military instrument in support of its national 
strategic objectives. The Center shall accomplish that mission 
by a variety of means intended to widely disseminate the 
research findings of the Center.
    (d) Startup of Center.--The Secretary of Defense shall 
establish the Center for the Study of Chinese Military Affairs 
not later than March 1, 2000. The first Director of the Center 
shall be appointed not later than June 1, 2000. The Center 
should be fully operational not later than June 1, 2001.
    (e) Implementation Report.--(1) Not later than January 1, 
2001, the President of the National Defense University shall 
submit to the Secretary of Defense a report setting forth the 
President's organizational plan for the Center for the Study of 
Chinese Military Affairs, the proposed budget for the Center, 
and the timetable for initial and full operations of the 
Center. The President of the National Defense University shall 
prepare that report in consultation with the Director of the 
Center and the Director of the Institute for National Strategic 
Studies of the University.
    (2) The Secretary of Defense shall transmit the report 
under paragraph (1), together with whatever comments the 
Secretary considers appropriate, to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives not later than February 1, 2001.

SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR SECURITY 
                    STUDIES OF FOREIGN GIFTS AND DONATIONS.

    (a) In General.--Chapter 155 of title 10, United States 
Code, is amended by adding at the end the following new 
section: * * * \4\
---------------------------------------------------------------------------
    \4\ See 10 U.S.C. 2611.
---------------------------------------------------------------------------
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT 
                    TERRORISM.

    (a) Report Requirement.--Not later than December 31, 1999, 
the Secretary of Defense shall submit to the congressional 
defense committees a report, in classified and unclassified 
form, identifying all programs and activities of the Department 
of Defense combating terrorism program. The report shall 
include--
          (1) the definitions used by the Department of Defense 
        for all terms relating to combating terrorism, 
        including ``counterterrorism'', ``anti-terrorism'', and 
        ``consequence management''; and
          (2) the various initiatives and projects being 
        conducted by the Department that fall under each of the 
        categories referred to in paragraph (1).
    (b) Annual Budget Information.--(1) Chapter 9 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * * \5\
---------------------------------------------------------------------------
    \5\ See 10 U.S.C. 229.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN 
                    YUGOSLAVIA.

    If the President determines that it is in the national 
security interest of the United States to conduct combat or 
peacekeeping operations in the Federal Republic of Yugoslavia 
during fiscal year 2000, the President shall transmit to the 
Congress a supplemental appropriations request for the 
Department of Defense for such amounts as are necessary for the 
costs of any such operation.

SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
                    FISCAL YEAR 2000.

    (a) Fiscal Year 2000 Limitation.--The total amount 
contributed by the Secretary of Defense in fiscal year 2000 for 
the common-funded budgets of NATO may be any amount up to, but 
not in excess of, the amount specified in subsection (b) 
(rather than the maximum amount that would otherwise be 
applicable to those contributions under the fiscal year 1998 
baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable 
under subsection (a) is the sum of the following:
          (1) The amounts of unexpended balances, as of the end 
        of fiscal year 1999, of funds appropriated for fiscal 
        years before fiscal year 2000 for payments for those 
        budgets.
          (2) The amount specified in subsection (c)(1).
          (3) The amount specified in subsection (c)(2).
          (4) The total amount of the contributions authorized 
        to be made under section 2501.
    (c) Authorized Amounts.--Amounts authorized to be 
appropriated by titles II and III of this Act are available for 
contributions for the common-funded budgets of NATO as follows:
          (1) Of the amount provided in section 201(1), 
        $750,000 for the Civil Budget.
          (2) Of the amount provided in section 301(1), 
        $216,400,000 for the Military Budget.
    (d) Definitions.--For purposes of this section:
          (1) Common-funded budgets of nato.--The term 
        ``common-funded budgets of NATO'' means the Military 
        Budget, the Security Investment Program, and the Civil 
        Budget of the North Atlantic Treaty Organization (and 
        any successor or additional account or program of 
        NATO).
          (2) Fiscal year 1998 baseline limitation.--The term 
        ``fiscal year 1998 baseline limitation'' means the 
        maximum annual amount of Department of Defense 
        contributions for common-funded budgets of NATO that is 
        set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of 
        the Protocols to the North Atlantic Treaty of 1949 on 
        the Accession of Poland, Hungary, and the Czech 
        Republic (as defined in section 4(7) of that 
        resolution), approved by the Senate on April 30, 1998.

SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR 
                    FISCAL YEAR 2000.

    (a) Limitation.--(1) Of the amounts authorized to be 
appropriated by section 301(24) of this Act for the Overseas 
Contingency Operations Transfer Fund, no more than 
$1,824,400,000 may be obligated for incremental costs of the 
Armed Forces for Bosnia peacekeeping operations.
    (2) The President may waive the limitation in paragraph (1) 
after submitting to Congress the following:
          (A) The President's written certification that the 
        waiver is necessary in the national security interests 
        of the United States.
          (B) The President's written certification that 
        exercising the waiver will not adversely affect the 
        readiness of United States military forces.
          (C) A report setting forth the following:
                  (i) The reasons that the waiver is necessary 
                in the national security interests of the 
                United States.
                  (ii) The specific reasons that additional 
                funding is required for the continued presence 
                of United States military forces participating 
                in, or supporting, Bosnia peacekeeping 
                operations for fiscal year 2000.
                  (iii) A discussion of the impact on the 
                military readiness of United States Armed 
                Forces of the continuing deployment of United 
                States military forces participating in, or 
                supporting, Bosnia peacekeeping operations.
          (D) A supplemental appropriations request for the 
        Department of Defense for such amounts as are necessary 
        for the additional fiscal year 2000 costs associated 
        with United States military forces participating in, or 
        supporting, Bosnia peacekeeping operations.
    (b) Bosnia Peacekeeping Operations Defined.--For the 
purposes of this section, the term ``Bosnia peacekeeping 
operations'' has the meaning given such term in section 1004(e) 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).\6\
---------------------------------------------------------------------------
    \6\ Sec. 1004(e) of Public Law 105-261 (112 Stat. 2112) provided as 
follows:
    ``(e) Bosnia Peacekeeping Operations Defined.--For the purposes of 
this section, the term `Bosnia peacekeeping operations'--
---------------------------------------------------------------------------

  ``(1) means the operation designated as Operation Joint Forge and any 
other operation involving the participation of any of the Armed Forces in 
peacekeeping or peace enforcement activities in and around the Republic of 
Bosnia and Herzegovina; and

  ``(2) includes, with respect to Operation Joint Forge or any such other 
operation, each activity that is directly related to the support of the 
operation.''.

          * * * * * * *

                Subtitle B--Naval Vessels and Shipyards

          * * * * * * *

SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.

    (a) Transfer to Thailand.--The Secretary of the Navy is 
authorized to transfer to the Government of Thailand the 
CYCLONE class coastal patrol craft CYCLONE (PC1) or a craft 
with a similar hull. The transfer shall be made on a sale, 
lease, lease/buy, or grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
    (b) Costs.--Any expense incurred by the United States in 
connection with the transfer authorized by subsection (a) shall 
be charged to the Government of Thailand.
    (c) Repair and Refurbishment in United States Shipyard.--To 
the maximum extent practicable, the Secretary of the Navy shall 
require, as a condition of the transfer of the vessel to the 
Government of Thailand under this section, that the Government 
of Thailand have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that 
country, performed at a United States naval shipyard or other 
shipyard located in the United States.
    (d) Expiration of Authority.--The authority to transfer a 
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.

SEC. 1018.\7\ AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN 
                    COUNTRIES.

    (a) Authority To Transfer.--
          (1) Dominican republic.--The President \8\ is 
        authorized to transfer to the Government of the 
        Dominican Republic the medium auxiliary floating dry 
        dock AFDM 2. Such transfer shall be on a grant basis 
        under section 516 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2321j).
---------------------------------------------------------------------------
    \7\ Sec. 1271(a) of the Security Assistance Act of 1999 (title XII 
of the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2001 and 2001 (enacted by reference in 
sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) provided the 
following:
    ``(a) Inapplicability of Aggregate Annual Limitation on Value of 
Transferred Excess Defense Articles.--The value of a vessel transferred 
to another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided 
by section 1018(a) of the National Defense Authorization Act for Fiscal 
Year 2000 shall not be counted for the purposes of section 516(g) of 
the Foreign Assistance Act of 1961 in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year.''.
    \8\ Sec. 1271(b)(1) of the Security Assistance Act of 1999 (title 
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2001 and 2001 (enacted by reference in 
sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) struck out 
``Secretary of the Navy'' and inserted ``President'' in subsecs. (a) 
and (d).
---------------------------------------------------------------------------
          (2) Ecuador.--The President \8\ is authorized to 
        transfer to the Government of Ecuador the ``OAK RIDGE'' 
        class medium auxiliary repair dry dock ALAMOGORDO (ARDM 
        2). Such transfer shall be on a grant basis under 
        section 516 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2321j).
          (3) Egypt.--The President \8\ is authorized to 
        transfer to the Government of Egypt the ``NEWPORT'' 
        class tank landing ships BARBOUR COUNTY (LST 1195) and 
        PEORIA (LST 1183). Such transfers shall be on a sale 
        basis under section 21 of the Arms Export Control Act 
        (22 U.S.C. 2761).
          (4) Greece.--The President \8\ is authorized to 
        transfer to the Government of Greece the ``KNOX'' class 
        frigate CONNOLE (FF 1056). Such transfer shall be on a 
        grant basis under section 516 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2321j).
          (5) Mexico.--The President \8\ is authorized to 
        transfer to the Government of Mexico the ``NEWPORT'' 
        class tank landing ship NEWPORT (LST 1179) and the 
        ``KNOX'' class frigate WHIPPLE (FF 1062). Such 
        transfers shall be on a sale basis under section 21 of 
        the Arms Export Control Act (22 U.S.C. 2761).
          (6) Poland.--The President \8\ is authorized to 
        transfer to the Government of Poland the ``OLIVER 
        HAZARD PERRY'' class guided missile frigate CLARK (FFG 
        11). Such transfer shall be on a grant basis under 
        section 516 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2321j).
          (7) Taiwan.--The President \8\ is authorized to 
        transfer to the Taipei Economic and Cultural 
        Representative Office in the United States (which is 
        the Taiwan instrumentality designated pursuant to 
        section 10(a) of the Taiwan Relations Act) the 
        ``NEWPORT'' class tank landing ship SCHENECTADY (LST 
        1185). Such transfer shall be on a sale basis under 
        section 21 of the Arms Export Control Act (22 U.S.C. 
        2761).
          (8) Thailand.--The President \8\ is authorized to 
        transfer to the Government of Thailand the ``KNOX'' 
        class frigate TRUETT (FF 1095). Such transfer shall be 
        on a grant basis under section 516 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321j).
          (9) Turkey.--The President \8\ is authorized to 
        transfer to the Government of Turkey the ``OLIVER 
        HAZARD PERRY'' class guided missile frigates FLATLEY 
        (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers 
        shall be on a sale basis under section 21 of the Arms 
        Export Control Act (22 U.S.C. 2761).
    (b) \9\ Costs of Transfers.--Any expense of the United 
States in connection with a transfer authorized by subsection 
(a) shall be charged to the recipient.
---------------------------------------------------------------------------
    \9\ Sec. 1271(b) Security Assistance Act of 1999 (title XII of the 
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2001 and 2001 (enacted by reference in sec. 
1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), struck out subsec. 
(b) and redesignated former subsecs. (c) through (e) as subsecs. (b) 
through (d), respectively. Former subsec. (b) had provided as follows:
    ``(b) Inapplicability of Aggregate Annual Limitation on Value of 
Transferred Excess Defense Articles.--The value of naval vessels 
authorized by subsection (a) to be transferred on a grant basis under 
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) 
shall not be included in the aggregate annual value of transferred 
excess defense articles which is subject to the aggregate annual 
limitation set forth in subsection (g) of that section.''.
---------------------------------------------------------------------------
    (c) \9\ Repair and Refurbishment in United States 
Shipyards.--To the maximum extent practicable, the President 
\8\ shall require, as a condition of the transfer of a vessel 
under subsection (a), that the country to which the vessel is 
transferred have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that 
country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (d) \9\ Expiration of Authority.--The authority granted by 
subsection (a) shall expire at the end of the two-year period 
beginning on the date of the enactment of this Act.

   Subtitle C--Support for Civilian Law Enforcement and Counter Drug 
                               Activities

          * * * * * * *

SEC. 1023.\10\ MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO RESPOND TO 
                    ACT OR THREAT OF TERRORISM.

    (a) Authority to Provide Assistance.--The Secretary of 
Defense, upon the request of the Attorney General, may provide 
assistance to civil authorities in responding to an act of 
terrorism or threat of an act of terrorism, including an act of 
terrorism or threat of an act of terrorism that involves a 
weapon of mass destruction, within the United States, if the 
Secretary determines that--
---------------------------------------------------------------------------
    \10\ 10 U.S.C. 382 note.
---------------------------------------------------------------------------
          (1) special capabilities and expertise of the 
        Department of Defense are necessary and critical to 
        respond to the act of terrorism or the threat of an act 
        of terrorism; and
          (2) the provision of such assistance will not 
        adversely affect the military preparedness of the Armed 
        Forces.
    (b) Nature of Assistance.--Assistance provided under 
subsection (a) may include the deployment of Department of 
Defense personnel and the use of any Department of Defense 
resources to the extent and for such period as the Secretary of 
Defense determines necessary to prepare for, prevent, or 
respond to an act or threat of an act of terrorism described in 
that subsection. Actions taken to provide the assistance may 
include the prepositioning of Department of Defense personnel, 
equipment, and supplies.
    (c) Reimbursement.--(1) Except as provided in paragraph 
(2), assistance provided under this section shall be provided 
on a reimbursable basis. Notwithstanding any other provision of 
law, the amounts of reimbursement shall be limited to the 
amounts of the incremental costs incurred by the Department of 
Defense to provide the assistance.
    (2) In extraordinary circumstances, the Secretary of 
Defense may waive the requirement for reimbursement if the 
Secretary determines that such a waiver is in the national 
security interests of the United States and submits to Congress 
a notification of the determination.
    (3) If funds are appropriated for the Department of Justice 
to cover the costs of responding to an act or threat of an act 
of terrorism for which assistance is provided under subsection 
(a), the Attorney General shall reimburse the Department of 
Defense out of such funds for the costs incurred by the 
Department in providing the assistance, without regard to 
whether the assistance was provided on a nonreimbursable basis 
pursuant to a waiver under paragraph (2).
    (d) Annual Limitation on Funding.--Not more than 
$10,000,000 may be obligated to provide assistance under 
subsection (a) during any fiscal year.
    (e) Personnel Restrictions.--In providing assistance under 
this section, a member of the Army, Navy, Air Force, or Marine 
Corps may not, unless otherwise authorized by law--
          (1) directly participate in a search, seizure, 
        arrest, or other similar activity; or
          (2) collect intelligence for law enforcement 
        purposes.
    (f) Nondelegability of Authority.--(1) The Secretary of 
Defense may not delegate to any other official the authority to 
make determinations and to authorize assistance under this 
section.
    (2) The Attorney General may not delegate to any other 
official authority to make a request for assistance under 
subsection (a).
    (g) Relationship to Other Authority.--The authority 
provided in this section is in addition to any other authority 
available to the Secretary of Defense, and nothing in this 
section shall be construed to restrict any authority regarding 
use of members of the Armed Forces or equipment of the 
Department of Defense that was in effect before the date of the 
enactment of this Act.
    (h) Definitions.--In this section:
          (1) Threat of an act of terrorism.--The term ``threat 
        of an act of terrorism'' includes any circumstance 
        providing a basis for reasonably anticipating an act of 
        terrorism, as determined by the Secretary of Defense in 
        consultation with the Attorney General and the 
        Secretary of the Treasury.
          (2) Weapon of mass destruction.--The term ``weapon of 
        mass destruction'' has the meaning given the term in 
        section 1403 of the Defense Against Weapons of Mass 
        Destruction Act of 1996 (50 U.S.C. 2302(1)).
    (i) Duration of Authority.--The authority provided by this 
section applies during the period beginning on October 1, 1999, 
and ending on September 30, 2004.

SEC. 1024.\11\ CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS 
                    FOR UNITED STATES SOUTHERN COMMAND COUNTER-DRUG 
                    DETECTION AND MONITORING FLIGHTS.

    (a) Condition.--Except as provided in subsection (b), none 
of the funds appropriated or otherwise made available to the 
Department of Defense for any fiscal year may be obligated or 
expended for the purpose of improving the physical 
infrastructure at any proposed forward operating location 
outside the United States from which the United States Southern 
Command may conduct counter-drug detection and monitoring 
flights until a formal agreement regarding the extent and use 
of, and host nation support for, the forward operating location 
is executed by both the host nation and the United States.
---------------------------------------------------------------------------
    \11\ 10 U.S.C. 124 note.
---------------------------------------------------------------------------
    (b) Exception.--The limitation in subsection (a) does not 
apply to an unspecified minor military construction project 
authorized by section 2805 of title 10, United States Code.

SEC. 1025.\12\ ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN 
                    COLOMBIA.

    Not later than January 1 of each year, the Secretary of 
Defense shall submit to the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate and the Committee 
on Armed Services and the Committee on International Relations 
of the House of Representatives a report detailing the number 
of members of the United States Armed Forces deployed or 
otherwise assigned to duty in Colombia at any time during the 
preceding year, the length and purpose of the deployment or 
assignment, and the costs and force protection risks associated 
with such deployments and assignments.
---------------------------------------------------------------------------
    \12\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO ASSIST 
                    IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS 
                    SERVICE.

    (a) Preparation of Plan.--(1) The Secretary of Defense 
shall prepare a plan to assign members of the Army, Navy, Air 
Force, or Marine Corps to assist the Immigration and 
Naturalization Service or the United States Customs Service 
should the President determine, and the Attorney General or the 
Secretary of the Treasury, as the case may be, certify, that 
military personnel are required to respond to a threat to 
national security posed by the entry into the United States of 
terrorists or drug traffickers.
    (2) The Secretary shall ensure that activities proposed to 
be performed by military personnel under the plan are 
consistent with section 1385 of title 18, United States Code 
(popularly known as the Posse Comitatus Act), and shall include 
in the plan a training program for military personnel who would 
be assigned to assist Federal law enforcement agencies--
          (A) in preventing the entry of terrorists and drug 
        traffickers into the United States; and
          (B) in the inspection of cargo, vehicles, and 
        aircraft at points of entry into the United States for 
        weapons of mass destruction, prohibited narcotics, or 
        other terrorist or drug trafficking items.
    (b) Report on Use of Military Personnel to Support Civilian 
Law Enforcement.--Not later than May 1, 2000, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
House of Representatives and the Committee on Armed Services of 
the Senate a report containing--
          (1) the plan required by subsection (a);
          (2) a discussion of the risks and benefits associated 
        with using military personnel to provide the law 
        enforcement support described in subsection (a)(2);
          (3) recommendations regarding the functions outlined 
        in the plan most appropriate to be performed by 
        military personnel; and
          (4) the total number of active and reserve members, 
        and members of the National Guard whose activities were 
        supported using funds provided under section 112 of 
        title 32, United States Code, who participated in drug 
        interdiction activities or otherwise provided support 
        for civilian law enforcement during fiscal year 1999.

       Subtitle D--Miscellaneous Report Requirements and Repeals

SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.

    Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law: * * * \13\
---------------------------------------------------------------------------
    \13\ For this and other Public Laws relating to recent efforts to 
reduce or retain reporting requirements, see Legislation on Foreign 
Relations Through 2005, vol. IV.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL 
                    MILITARY STRATEGY.

    (a) Report.--Not later than April 1 each year (but subject 
to subsection (e)),\14\ the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report in unclassified form assessing the 
effect of continued operations in the Balkans region on--
---------------------------------------------------------------------------
    \14\ Sec. 1211(1) of Public Law 106-398 (114 Stat. 1654A-805) 
struck out ``Not later than 180 days after the date of the enactment of 
this Act,'' and inserted in lieu thereof ``Not later than April 1 each 
year (but subject to subsection (e)),''.
---------------------------------------------------------------------------
          (1) the ability of the Armed Forces to successfully 
        meet other regional contingencies; and
          (2) the readiness of the Armed Forces to execute the 
        National Military Strategy.
    (b) Matters To Be Included.--Each report \15\ under 
subsection (a) shall include the following:
---------------------------------------------------------------------------
    \15\ Sec. 1211(2) of Public Law 106-398 (114 Stat. 1654A-806) 
struck out ``The report'' and inserted in lieu thereof ``Each report''.
---------------------------------------------------------------------------
          (1) All models used by the Chairman of the Joint 
        Chiefs of Staff to assess the capability of the United 
        States to execute the full range of missions under the 
        National Military Strategy and all other models used by 
        the Armed Forces to assess that capability.
          (2) Separate assessments that would result from the 
        use of those models if it were necessary to execute the 
        full range of missions called for under the National 
        Military Strategy under each of the scenarios set forth 
        in subsection (c), including the levels of casualties 
        the United States would be projected to incur.
          (3) Assumptions made about the readiness levels of 
        major units included in each such assessment, including 
        equipment, personnel, and training readiness and 
        sustainment ability.
          (4) The increasing levels of casualties that would be 
        projected under each such scenario over a range of 
        risks of prosecuting two Major Theater Wars that 
        proceeds from low-moderate risk to moderate-high risk.
          (5) An estimate of--
                  (A) the total resources needed to attain a 
                moderate-high risk under those scenarios;
                  (B) the total resources needed to attain a 
                low-moderate risk under those scenarios; and
                  (C) the incremental resources needed to 
                decrease the level of risk from moderate-high 
                to low-moderate.
    (c) Scenarios To Be Used.--The scenarios to be used for 
purposes of paragraphs (1), (2), and (3) of subsection (b) are 
the following:
          (1) That while the Armed Forces are engaged in 
        operations at the level of the operations ongoing as of 
        the date of the enactment of this Act, international 
        armed conflict begins--
                  (A) on the Korean peninsula; and
                  (B) first on the Korean peninsula and then 45 
                days later in Southwest Asia.
          (2) That while the Armed Forces are engaged in 
        operations at the peak level reached during Operation 
        Allied Force against the Federal Republic of 
        Yugoslavia, international armed conflict begins--
                  (A) on the Korean peninsula; and
                  (B) first on the Korean peninsula and then 45 
                days later in Southwest Asia.
    (d) Consultation.--In preparing a report \16\ under this 
section, the Secretary of Defense shall consult with the 
Chairman of the Joint Chiefs of Staff, the commanders of the 
unified commands, the Secretaries of the military departments, 
and the heads of the combat support agencies and other such 
entities within the Department of Defense as the Secretary 
considers necessary.
---------------------------------------------------------------------------
    \16\ Sec. 1211(3) of Public Law 106-398 (114 Stat. 1654A-806) 
struck out ``the report'' and inserted in lieu thereof ``a report''.
---------------------------------------------------------------------------
    (e) \17\ Termination When United States Military Operations 
End.--(1) No report is required under this section after United 
States military operations in the Balkans region have ended.
---------------------------------------------------------------------------
    \17\ Sec. 1211(4) of Public Law 106-398 (114 Stat. 1654A-806) added 
subsec. (e).
---------------------------------------------------------------------------
    (2) After the requirement for an annual report under this 
section is terminated by operation of paragraph (1), but not 
later than the latest date on which the next annual report 
under this section would, except for paragraph (1), otherwise 
be due, the Secretary of Defense shall transmit to Congress a 
notification of the termination of the reporting requirement.

SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.

    (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the Department's plans for establishing 
and deploying Rapid Assessment and Initial Detection (RAID) 
teams for responses to incidents involving a weapon of mass 
destruction. The report shall include the following:
          (1) A description of the capabilities of a RAID team 
        and a comparison of those capabilities to the 
        capabilities of other Federal, State, and local WMD 
        responders.
          (2) An assessment of the manner in which a RAID team 
        complements the mission, functions, and capabilities of 
        other Federal, State, and local WMD responders.
          (3) The Department's plan for conducting realistic 
        exercises involving RAID teams, including exercises 
        with other Federal, State, and local WMD responders.
          (4) A description of the command and control 
        relationships between the RAID teams and Federal, 
        State, and local WMD responders.
          (5) An assessment of the degree to which States have 
        integrated, or are planning to integrate, RAID teams 
        into other-than-weapon-of-mass-destruction missions of 
        State or local WMD responders.
          (6) A specific description and analysis of the 
        procedures that have been established or agreed to by 
        States for the use in one State of a RAID team that is 
        based in another State.
          (7) An identification of those States where the 
        deployment of out-of-State RAID teams is not governed 
        by existing interstate compacts.
          (8) An assessment of the Department's progress in 
        developing an appropriate national level compact for 
        interstate sharing of resources that would facilitate 
        consistent and effective procedures for the use of out-
        of-State RAID teams.
          (9) An assessment of the measures that will be taken 
        to recruit, train, maintain the proficiency of, and 
        retain members of the RAID teams, to include those 
        measures to provide for their career progression.
    (b) Definitions.--In this section:
          (1) The term ``Rapid Assessment and Initial Detection 
        team'' or ``RAID team'' refers to a military unit 
        comprised of Active Guard and Reserve personnel 
        organized, trained, and equipped to conduct domestic 
        missions in the United States in response to the use 
        of, or threatened use of, a weapon of mass destruction.
          (2) The term ``WMD responder'' means an organization 
        responsible for responding to an incident involving a 
        weapon of mass destruction.
          (3) The term ``weapon of mass destruction'' has the 
        meaning given that term in section 1403(1) of the 
        Defense Against Weapons of Mass Destruction Act of 1996 
        (50 U.S.C. 2302(1)).
          * * * * * * *

SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET 
                    SUBMISSION FOR FISCAL YEAR 2001.

    (a) Requirement for Report.--The Secretary of Defense shall 
submit to the congressional defense committees, on the date 
that the President submits the budget for fiscal year 2001 to 
Congress under section 1105(a) of title 31, United States Code, 
a report on the relationship between the budget proposed for 
budget function 050 (National Defense) for that fiscal year and 
the then-current and emerging threats to the national security 
interests of the United States identified in the annual 
national security strategy report required under section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a). The report 
shall be prepared in coordination with the Chairman of the 
Joint Chiefs of Staff and the Director of Central Intelligence.
    (b) Content.--The report shall contain the following:
          (1) A detailed description of the threats referred to 
        in subsection (a).
          (2) An analysis of those threats in terms of the 
        probability that an attack or other threat event will 
        actually occur, the military challenge posed by those 
        threats, and the potential damage that those threats 
        could have to the national security interests of the 
        United States.
          (3) An analysis of the allocation of funds in the 
        fiscal year 2001 budget and the future-years defense 
        program that addresses each of those threats.
          (4) A justification for each major defense 
        acquisition program (as defined in section 2430 of 
        title 10, United States Code) that is provided for in 
        the budget in light of the description and analyses set 
        forth in the report pursuant to this subsection.
    (c) Form of Report.--The report shall be submitted in 
unclassified form, but may also be submitted in classified form 
if necessary.

SEC. 1039.\18\ REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \18\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) At the meeting of the North Atlantic Council held 
        in Washington, DC, in April 1999, the NATO Heads of 
        State and Governments launched a Defense Capabilities 
        Initiative.
          (2) The Defense Capabilities Initiative is designed 
        to improve the defense capabilities of the individual 
        nations of the NATO Alliance to ensure the 
        effectiveness of future operations across the full 
        spectrum of Alliance missions in the present and 
        foreseeable security environment.
          (3) Under the Defense Capabilities Initiative, 
        special focus will be given to improving 
        interoperability among Alliance forces and to 
        increasing defense capabilities through improvements in 
        the deployability and mobility of Alliance forces, the 
        sustainability and logistics of those forces, the 
        survivability and effective engagement capability of 
        those forces, and command and control and information 
        systems.
          (4) The successful implementation of the Defense 
        Capabilities Initiative will serve to enable all 
        members of the Alliance to make a more equitable 
        contribution to the full spectrum of Alliance missions, 
        thereby increasing burdensharing within the Alliance 
        and enhancing the ability of European members of the 
        Alliance to undertake operations pursuant to the 
        European Security and Defense Identity within the 
        Alliance.
    (b) \19\ * * * [Repealed--2003]
---------------------------------------------------------------------------
    \19\ Sec. 1031(h)(3) of Public Law 108-136 (117 Stat. 1605) 
repealed subsec. (b), which had required an annual report of the 
Secretary of Defense on implementation of the Defense Capabilities 
Initiative by the nations of the NATO Alliance.
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          * * * * * * *

                    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:
---------------------------------------------------------------------------
    \21\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) The Cold War between the United States and its 
        allies and the former Union of Soviet Socialist 
        Republics and its allies was the longest and most 
        costly struggle for democracy and freedom in the 
        history of mankind.
          (2) Whether millions of people all over the world 
        would live in freedom hinged on the outcome of the Cold 
        War.
          (3) Democratic countries bore the burden of the 
        struggle and paid the costs in order to preserve and 
        promote democracy and freedom.
          (4) The Armed Forces and the taxpayers of the United 
        States bore the greatest portion of that burden and 
        struggle in order to protect those principles.
          (5) Tens of thousands of United States soldiers, 
        sailors, airmen, and \22\ Marines paid the ultimate 
        price during the Cold War in order to preserve the 
        freedoms and liberties enjoyed in democratic countries.
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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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.''.
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SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.

    (a) Report.--Not later than April 1, 2000, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report on the security situation on the Korean 
peninsula. The report shall be submitted in both classified and 
unclassified form.
    (b) Matters To Be Included.--The Secretary shall include in 
the report under subsection (a) the following:
          (1) A net assessment analysis of the warfighting 
        capabilities of the Combined Forces Command (CFC) of 
        the United States and the Republic of Korea compared 
        with the armed forces of North Korea.
          (2) An assessment of challenges posed by the armed 
        forces of North Korea to the defense of the Republic of 
        Korea and to United States forces deployed to the 
        region.
          (3) An assessment of the current status and the 
        future direction of weapons of mass destruction 
        programs and ballistic missile programs of North Korea, 
        including a determination as to whether or not North 
        Korea--
                  (A) is continuing to pursue a nuclear weapons 
                program;
                  (B) is seeking equipment and technology with 
                which to enrich uranium; and
                  (C) is pursuing an offensive biological 
                weapons program.
    (c) Appropriate Congressional Committees.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the Committee on International Relations and the 
        Committee on Armed Services of the House of 
        Representatives; and
          (2) the Committee on Foreign Relations and the 
        Committee on Armed Services of the Senate.

SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF SANCTIONS 
                    AGAINST LIBYA.

    (a) Findings.--Congress makes the following findings:
          (1) On December 21, 1988, 270 people, including 189 
        United States citizens, were killed in a terrorist 
        bombing on Pan American Flight 103 over Lockerbie, 
        Scotland.
          (2) The United Kingdom and the United States indicted 
        two Libyan intelligence agents, Abd al-Baset Ali al-
        Megrahi and Al-Amin Khalifah Fhimah, in 1991 and sought 
        their extradition from Libya to the United States or 
        the United Kingdom to stand trial for this heinous 
        terrorist act.
          (3) The United Nations Security Council called for 
        the extradition of those suspects in Security Council 
        Resolution 731 and imposed sanctions on Libya in 
        Security Council Resolutions 748 and 883 because Libyan 
        leader Colonel Muammar Qadhafi refused to transfer the 
        suspects to either the United States or the United 
        Kingdom to stand trial.
          (4) United Nations Security Council Resolutions 731, 
        748, and 883 demand that Libya cease all support for 
        terrorism, turn over the two suspects, cooperate with 
        the investigation and the trial, and address the issue 
        of appropriate compensation.
          (5) The sanctions in United Nations Security Council 
        Resolutions 748 and 883 include--
                  (A) a worldwide ban on Libya's national 
                airline;
                  (B) a ban on flights into and out of Libya by 
                other nations' airlines; and
                  (C) a prohibition on supplying arms, airplane 
                parts, and certain oil equipment to Libya, and 
                a blocking of Libyan Government funds in other 
                countries.
          (6) Colonel Muammar Qadhafi for many years refused to 
        extradite the suspects to either the United States or 
        the United Kingdom and had insisted that he would only 
        transfer the suspects to a third and neutral country to 
        stand trial.
          (7) On August 24, 1998, the United States and the 
        United Kingdom agreed to the proposal that Colonel 
        Qadhafi transfer the suspects to The Netherlands, where 
        they would stand trial under a Scottish court, under 
        Scottish law, and with a panel of Scottish judges.
          (8) The United Nations Security Council endorsed the 
        United States-United Kingdom proposal on August 27, 
        1998 in United Nations Security Council Resolution 
        1192.
          (9) The United States, consistent with United Nations 
        Security Council resolutions, called on Libya to ensure 
        the production of evidence, including the presence of 
        witnesses before the court, and to comply fully with 
        all the requirements of the United Nations Security 
        Council resolutions.
          (10) After years of intensive diplomacy, Colonel 
        Qadhafi finally transferred the two Libyan suspects to 
        The Netherlands on April 5, 1999, and the United 
        Nations Security Council, in turn, suspended its 
        sanctions against Libya that same day.
          (11) Libya has only fulfilled one of four conditions 
        (the transfer of the two suspects accused in the 
        Lockerbie bombing) set forth in United Nations Security 
        Council Resolutions 731, 748, and 883 that would 
        justify the lifting of United Nations Security Council 
        sanctions against Libya.
          (12) Libya has not fulfilled the other three 
        conditions (cooperation with the Lockerbie 
        investigation and trial, renunciation of and ending 
        support for terrorism, and payment of appropriate 
        compensation) necessary to lift the United Nations 
        Security Council sanctions.
          (13) The United Nations Secretary General issued a 
        report to the Security Council on June 30, 1999, on the 
        issue of Libya's compliance with the remaining 
        conditions.
          (14) Any member of the United Nations Security 
        Council has the right to introduce a resolution to lift 
        the sanctions against Libya now that the United Nations 
        Secretary General's report has been issued.
          (15) The United States Government considers Libya a 
        state sponsor of terrorism and the State Department 
        Report, ``Patterns of Global Terrorism; 1998'', stated 
        that Colonel Qadhafi ``continued publicly and privately 
        to support Palestinian terrorist groups, including the 
        PIJ and the PFLP-GC''.
          (16) United States Government sanctions (other than 
        sanctions on food or medicine) should be maintained on 
        Libya, and in accordance with United States law, the 
        Secretary of State should keep Libya on the list of 
        countries the governments of which have repeatedly 
        provided support for acts of international terrorism 
        under section 6(j) of the Export Administration Act of 
        1979 in light of Libya's ongoing support for terrorist 
        groups.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should use all diplomatic means necessary, 
including the use of the United States veto at the United 
Nations Security Council, to prevent the Security Council from 
lifting sanctions against Libya until Libya fulfills all of the 
conditions set forth in United Nations Security Council 
Resolutions 731, 748, and 883.

SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM NONCRITICAL 
                    OVERSEAS MISSIONS INVOLVING UNITED STATES COMBAT 
                    FORCES.

    (a) Findings.--Congress makes the following findings:
          (1) It is the National Security Strategy of the 
        United States to ``deter and defeat large-scale, cross-
        border aggression in two distant theaters in 
        overlapping time frames''.
          (2) The deterrence of Iraq and Iran in Southwest Asia 
        and the deterrence of North Korea in Northeast Asia 
        represent two such potential large-scale, cross-border 
        theater requirements.
          (3) The United States has 120,000 military personnel 
        permanently assigned to the Southwest Asia and 
        Northeast Asia theaters.
          (4) The United States has an additional 70,000 
        military personnel assigned to non-NATO/non-Pacific 
        threat foreign countries.
          (5) The United States has more than 6,000 military 
        personnel in Bosnia-Herzegovina on indefinite 
        assignment.
          (6) The United States has diverted permanently 
        assigned resources from other theaters to support 
        operations in the Balkans.
          (7) The United States provides military forces to 
        seven active United Nations peacekeeping operations, 
        including some missions that have continued for 
        decades.
          (8) Between 1986 and 1998, the number of United 
        States military deployments per year has nearly tripled 
        at the same time the Department of Defense budget has 
        been reduced in real terms by 38 percent.
          (9) The Army has 10 active-duty divisions today, down 
        from 18 in 1991, while on an average day in fiscal year 
        1998, 28,000 United States Army soldiers were deployed 
        to more than 70 countries for over 300 separate 
        missions.
          (10) The number of fighter wings in the active 
        component of the Air Force has gone from 22 to 13 since 
        1991, while 70 percent of air sorties in Operation 
        Allied Force over the Balkans were United States-flown 
        and the Air Force continues to enforce northern and 
        southern no-fly zones in Iraq. In response, the Air 
        Force has initiated a ``stop loss'' program to block 
        normal retirements and separations.
          (11) The Navy has been reduced in size to 339 ships, 
        its lowest level since 1938, necessitating the 
        redeployment of the only overseas homeported aircraft 
        carrier from the western Pacific to the Mediterranean 
        to support Operation Allied Force.
          (12) In 1998, just 10 percent of eligible carrier 
        naval aviators (27 out of 261) accepted continuation 
        bonuses and remained in the service.
          (13) In 1998, 48 percent of Air Force pilots eligible 
        for continuation chose to leave the service.
          (14) The Army could fall 6,000 below congressionally 
        authorized strength levels by the end of 1999.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the readiness of United States military forces to 
        execute the National Security Strategy of the United 
        States referred to in subsection (a)(1) is being eroded 
        by a combination of declining defense budgets and 
        expanded missions; and
          (2) there may be missions to which the United States 
        is contributing Armed Forces from which the United 
        States can begin disengaging.
    (c) Report Requirement.--Not later than March 1, 2000, the 
President shall submit to the Committee on Armed Services and 
the Committee on Appropriations of the Senate and the Committee 
on Armed Services and the Committee on Appropriations of the 
House of Representatives a report prioritizing the ongoing 
global missions to which the United States is contributing 
forces. The President shall include in the report a feasibility 
analysis of how the United States can--
          (1) shift resources from low priority missions in 
        support of higher priority missions;
          (2) consolidate or reduce United States troop 
        commitments worldwide; and
          (3) end low priority missions.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                           SOVIET UNION \31\

          * * * * * * *
---------------------------------------------------------------------------
    \31\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

           TITLE XIV--PROLIFERATION AND EXPORT CONTROLS \32\

          * * * * * * *
---------------------------------------------------------------------------
    \32\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F
---------------------------------------------------------------------------

      TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS \33\

          * * * * * * *
---------------------------------------------------------------------------
    \33\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

               TITLE XVI--NATIONAL SECURITY SPACE MATTERS

          * * * * * * *

              Subtitle B--Commercial Space Launch Services

SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN 
                    COOPERATION IN COMMERCIAL SPACE LAUNCH SERVICES.

    It is the sense of Congress that--
          (1) the United States should demand full and complete 
        cooperation from the Government of the Russian 
        Federation on preventing the illegal transfer from 
        Russia to Iran or any other country of any prohibited 
        fissile material or ballistic missile equipment or any 
        technology necessary for the acquisition or development 
        by the recipient country of any nuclear weapon or 
        ballistic missile;
          (2) the United States should take every appropriate 
        measure necessary to encourage the Government of the 
        Russian Federation to seek out and prevent the illegal 
        transfer from Russia to Iran or any other country of 
        any prohibited fissile material or ballistic missile 
        equipment or any technology necessary for the 
        acquisition or development by the recipient country of 
        any nuclear weapon or ballistic missile;
          (3) the United States Government decision to increase 
        the quantitative limitations applicable to commercial 
        space launch services provided by Russian space launch 
        providers, based upon a serious commitment by the 
        Government of the Russian Federation to seek out and 
        prevent the illegal transfer from Russia to Iran or any 
        other country of any prohibited ballistic missile 
        equipment or any technology necessary for the 
        acquisition or development by the recipient country of 
        any ballistic missile, should facilitate greater 
        cooperation between the United States and the Russian 
        Federation on nonproliferation matters; and
          (4) any possible future consideration of modifying 
        such limitations should be conditioned on a continued 
        serious commitment by the Government of the Russian 
        Federation to preventing such illegal transfers.

SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL SPACE 
                    LAUNCH CAPACITY.

    (a) Sense of Congress Concerning United States Commercial 
Space Launch Capacity.--It is the sense of Congress that 
Congress and the President should work together to stimulate 
and encourage the expansion of a commercial space launch 
capacity in the United States, including by taking actions to 
eliminate legal or regulatory barriers to long-term 
competitiveness of the United States commercial space launch 
industry.
    (b) Sense of Congress Concerning Policy of Permitting 
Export of Commercial Satellites to People's Republic of China 
for Launch.--It is the sense of Congress that Congress and the 
President should--
          (1) reexamine the current United States policy of 
        permitting the export of commercial satellites of 
        United States origin to the People's Republic of China 
        for launch;
          (2) review the advantages and disadvantages of 
        phasing out that policy, including in that review 
        advantages and disadvantages identified by Congress, 
        the executive branch, the United States satellite 
        industry, the United States space launch industry, the 
        United States telecommunications industry, and other 
        interested persons; and
          (3) if the phase out of that policy is adopted, 
        permit the export of a commercial satellite of United 
        States origin for launch in the People's Republic of 
        China only if--
                  (A) the launch is licensed as of the 
                commencement of the phase out of that policy; 
                and
                  (B) additional actions under section 1514 of 
                the Strom Thurmond National Defense 
                Authorization Act for Fiscal Year 1999 (Public 
                Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 
                note) are taken to minimize the transfer of 
                technology to the People's Republic of China 
                during the course of the launch.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

          * * * * * * *
---------------------------------------------------------------------------
    \34\ Sec. 3141(f)(3) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1762) redesignated sec. 
3136, relating to nonproliferation initiatives and activities, as sec. 
4302 of Public Law 107-314, and at 50 U.S.C. 2562.
---------------------------------------------------------------------------

SEC. 3136.\34\ * * * [REDESIGNATED--2003]

          * * * * * * *

       Subtitle D--Matters Relating to Safeguards, Security, and 
                          Counterintelligence

SEC. 3141.\35\ SHORT TITLE.

    This subtitle may be cited as the ``Department of Energy 
Facilities Safeguards, Security, and Counterintelligence 
Enhancement Act of 1999''.
---------------------------------------------------------------------------
    \35\ 42 U.S.C. 7383 note.
---------------------------------------------------------------------------
          * * * * * * *
---------------------------------------------------------------------------
    \36\ Formerly at 42 U.S.C. 7383c. Sec. 3141(h)(3) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1771) redesignated sec. 3146, relating to relating to 
restrictions on access to national laboratories by foreign visitors 
from sensitive countries, as sec. 4502 of Public Law 107-314, and as 50 
U.S.C. 2652.
---------------------------------------------------------------------------

SEC. 3146.\36\  * * * [REDESIGNATED--2003]

          * * * * * * *

SEC. 3151.\37\ ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Annual Report Required.--The President shall transmit 
to Congress an annual report on the steps being taken by the 
Department of Energy, the Department of Defense, the Federal 
Bureau of Investigation, the Central Intelligence Agency, and 
all other relevant executive departments and agencies to 
respond to espionage and other intelligence activities by the 
People's Republic of China, particularly with respect to--
---------------------------------------------------------------------------
    \37\ 42 U.S.C. 7383e.
---------------------------------------------------------------------------
          (1) the theft of sophisticated United States nuclear 
        weapons design information; and
          (2) the targeting by the People's Republic of China 
        of United States nuclear weapons codes and other 
        national security information of strategic concern.
    (b) Initial Report.--The first report under this section 
shall be transmitted not later than March 1, 2000.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION \38\

          * * * * * * *
---------------------------------------------------------------------------
    \38\ For text of the Panama Canal Commission Authorization Act for 
Fiscal Year 2000, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. G.
 m. Strom Thurmond National Defense Authorization Act for Fiscal Year 
                                  1999

    Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920, 
   approved October 17, 1998; amended by Public Law 106-65 [National 
  Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 
  512, approved October 5, 1999; Public Law 106-113 [Arms Control and 
    Nonproliferation Act of 1999, title XI of H.R. 3427; enacted by 
 reference in H.R. 3194], 113 Stat. 1536, approved November 29, 1999; 
Public Law 106-398 [Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30, 
2000; Public Law 108-136 [National Defense Authorization Act for Fiscal 
  Year 2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003; 
Public Law 108-375 [Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005; H.R. 4200], 118 Stat. 1811, approved October 28, 
                                  2004

 AN ACT To authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999''.
    (b) * * *

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services \1\ and the 
        Committee on Appropriations of the House of 
        Representatives.
---------------------------------------------------------------------------
    \1\ Sec. 1067(3) of Public Law 106-65 (113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

              Subtitle A--Authorization of Appropriations

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Sec. 1003 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65;
 
                         ``sec. 1003. authorization of emergency supplemental appropriations for fiscal year 1999.
                           ``(a) Adjustment of Fiscal Year 1999 Authorizations To Reflect Supplemental Appropriations.--Subject
                         to subsection (b), amounts authorized to be appropriated to the Department of Defense for fiscal year
                         1999 in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261)
                         are hereby adjusted, with respect to any such authorized amount, by the amount by which appropriations
                         pursuant to such authorization were increased (by a supplemental appropriation) or decreased (by a
                         rescission), or both, in the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31).
                           ``(b) Limitation.--(1) In the case of a pending defense contingent emergency supplemental
                         appropriation, an adjustment may be made under subsection (a) in the amount of an authorization of
                         appropriations by reason of that supplemental appropriation only if, and to the extent that, the
                         President transmits to Congress an official amended budget request for that appropriation that
                         designates the entire amount requested as an emergency requirement for the specific purpose identified
                         in the 1999 Emergency Supplemental Appropriations Act as the purpose for which the supplemental
                         appropriation was made.
                           ``(2) For purposes of this subsection, the term `pending defense contingent emergency supplemental
                         appropriation' means a contingent emergency supplemental appropriation for the Department of Defense
                         contained in the 1999 Emergency Supplemental Appropriations Act for which an official budget request
                         that includes designation of the entire amount of the request as an emergency requirement has not been
                         transmitted to Congress as of the date of the enactment of this Act.
                           ``(3) For purposes of this subsection, the term `contingent emergency supplemental appropriation'
                         means a supplemental appropriation that--
                               ``(A) is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
                            the Balanced Budget and Emergency Deficit Control Act of 1985; and
                               ``(B) by law is available only to the extent that the President transmits to the Congress an
                            official budget request for that appropriation that includes designation of the entire amount of the
                            request as an emergency requirement.''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

          * * * * * * *

SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

    Funds are hereby authorized to be appropriated for fiscal 
year 1999 for the Department of Defense for carrying out the 
Defense Export Loan Guarantee Program under section 2540 of 
title 10, United States Code, in the total amount of 
$1,250,000.
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 248. LANDMINE ALTERNATIVES.

    (a) Availability of Funds.--(1) Of the amounts authorized 
to be appropriated in section 201, not more than $19,200,000 
shall be available for activities relating to the 
identification, adaptation, modification, research, and 
development of existing and new technologies and concepts 
that--
          (A) would provide a combat capability that is 
        equivalent to the combat capability provided by non-
        self destructing anti-personnel landmines;
          (B) would provide a combat capability that is 
        equivalent to the combat capability provided by anti-
        personnel submunitions used in mixed anti-tank mine 
        systems; or
          (C) would provide a combat capability that is 
        equivalent to the combat capability provided by current 
        mixed mine systems.
    (2) Of the amount available under paragraph (1)--
          (A) not more than $17,200,000 shall be made available 
        for activities referred to in subparagraph (A) of that 
        paragraph for the current efforts of the Army referred 
        to as the Non-Self Destruct Alternative; and
          (B) not more than $2,000,000 shall be made available 
        for activities referred to in subparagraphs (B) or (C) 
        of that paragraph that relate to anti-personnel 
        submunitions used in mixed mine systems or an 
        alternative for mixed munitions.
    (b) Funding for Research Into Alternatives to Anti-
Personnel Submunitions Used in Mixed Mine Systems or an 
Alternative for Mixed Munitions.--The Secretary shall include 
with the materials submitted to Congress with the budget for 
fiscal year 2000 under section 1105 of title 31, United States 
Code, an explanation of any funds requested to support a search 
for existing and new technologies and concepts that could 
provide a combat capability equivalent to the combat capability 
provided by anti-personnel submunitions used in mixed mine 
systems or an alternative to mixed munitions.
    (c) Studies.--The Secretary of Defense shall enter into two 
contracts, each with an appropriate scientific organization--
          (1) to carry out a study on existing and new 
        technologies and concepts referred to in subsection 
        (a); and
          (2) to submit to the Secretary a report on the study, 
        including any recommendations considered appropriate by 
        the scientific organization.
    (d) Report.--Not later than April 1 of 2000 and 2001, the 
Secretary shall submit to the congressional defense committees, 
and to the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives,\2\ a report describing the progress made in 
identifying technologies and concepts referred to in subsection 
(a). At the same time the report is submitted, the Secretary 
shall transmit to such committees copies of the reports (and 
recommendations, if any) received by the Secretary from the 
scientific organizations that carried out the studies referred 
to in subsection (c).
---------------------------------------------------------------------------
    \2\ Sec. 1312 of the Arms Control and Nonproliferation Act of 1999 
(title XI of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2001 and 2001 (enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), 
inserted ``, and to the Committee on Foreign Relations of the Senate 
and the Committee on International Relations of the House of 
Representatives,'' after ``congressional defense committees''.
---------------------------------------------------------------------------

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1999 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $50,000,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $725,582,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $440,400,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $746,900,000.

                  Subtitle C--Environmental Provisions

SEC. 321.\3\ SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR 
                    ENVIRONMENTAL CLEANUP OF OVERSEAS SITES FORMERLY 
                    USED BY THE DEPARTMENT OF DEFENSE.

    (a) Notice of Negotiations.--The President shall notify 
Congress before entering into any negotiations for the ex-
gratia settlement of the claims of a government of another 
country against the United States for environmental cleanup of 
sites in that country that were formerly used by the Department 
of Defense.
---------------------------------------------------------------------------
    \3\ 10 U.S.C. 2701 note.
---------------------------------------------------------------------------
    (b) Authorization Required for Use of Funds for Payment of 
Settlement.--No funds may be used for any payment under an ex-
gratia settlement of any claims described in subsection (a) 
unless the use of the funds for that purpose is specifically 
authorized by law or international agreement, including a 
treaty.

SEC. 322. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL 
                    CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA.

    (a) Findings.--Congress makes the following findings with 
respect to the authorization of payment of settlement with 
Canada in subsection (b) regarding environmental cleanup at 
formerly used defense sites in Canada:
          (1) A unique and longstanding national security 
        alliance exists between the United States and Canada.
          (2) The sites covered by the settlement were formerly 
        used by the United States and Canada for their mutual 
        defense.
          (3) There is no formal treaty or international 
        agreement between the United States and Canada 
        regarding the environmental cleanup of the sites.
          (4) Environmental contamination at some of the sites 
        could pose a substantial risk to the health and safety 
        of the United States citizens residing in States near 
        the border between the United States and Canada.
          (5) The United States and Canada reached a negotiated 
        agreement for an ex-gratia reimbursement of Canada in 
        full satisfaction of claims of Canada relating to 
        environmental contamination which agreement was 
        embodied in an exchange of Notes between the Government 
        of the United States and the Government of Canada.
          (6) There is a unique factual basis for authorizing a 
        reimbursement of Canada for environmental cleanup at 
        sites in Canada after the United States departure from 
        such sites.
          (7) The basis for and authorization of such 
        reimbursement does not extend to similar claims by 
        other nations.
          (8) The Government of Canada is committed to spending 
        the entire $100,000,000 of the reimbursement authorized 
        in subsection (b) in the United States, which will 
        benefit United States industry and United States 
        workers.
    (b) Authority To Make Payments.--(1) Subject to subsection 
(c), the Secretary of Defense may, using funds specified under 
subsection (d), make a payment described in paragraph (2) for 
each fiscal year through fiscal year 2008 for purposes of the 
ex-gratia reimbursement of Canada in full satisfaction of any 
and all claims asserted against the United States by Canada for 
environmental cleanup of sites in Canada that were formerly 
used for the mutual defense of the United States and Canada.
    (2) A payment referred to in paragraph (1) is a payment of 
$10,000,000, in constant fiscal year 1996 dollars, into the 
Foreign Military Sales Trust Account for purposes of Canada.
    (c) Condition on Authority for Subsequent Fiscal Years.--A 
payment may be made under subsection (b) for a fiscal year 
after fiscal year 1999 only if the Secretary of Defense submits 
to Congress with the budget for such fiscal year under section 
1105 of title 31, United States Code, evidence that the 
cumulative amount expended by the Government of Canada for 
environmental cleanup activities in Canada during any fiscal 
years before such fiscal year in which a payment under that 
subsection was authorized was an amount equal to or greater 
than the aggregate amount of the payments under that subsection 
during such fiscal years.
    (d) Source of Funds.--(1) The payment under subsection (b) 
for fiscal year 1998 shall be made from amounts appropriated 
pursuant to section 301(5) of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1669).
    (2) The payment under subsection (b) for fiscal year 1999 
shall be made from amounts appropriated pursuant to section 
301(5).
    (3) For a fiscal year after fiscal year 1999, a payment may 
be made under subsection (b) from amounts appropriated pursuant 
to the authorization of appropriations for the Department of 
Defense for such fiscal year for Operation and Maintenance, 
Defense-Wide.
          * * * * * * *

SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERATION PROGRAM.

    (a) Activities Under Program.--(1) Subject to paragraph 
(2), activities under the Arctic Military Environmental 
Cooperation Program of the Department of Defense shall include 
cooperative activities on environmental matters in the Arctic 
region with the military departments and agencies of other 
countries, including the Russian Federation.
    (2) Activities under the Arctic Military Environmental 
Cooperation Program may not include any activities for purposes 
for which funds for Cooperative Threat Reduction programs have 
been denied or are prohibited, including the purposes for which 
funds are prohibited by section 1503 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2732).
    (b) Prior Notice to Congress of Obligation of Funds.--The 
Secretary of Defense shall submit to the congressional defense 
committees a report at least 15 days before the obligation of 
any funds for the Arctic Military Environmental Cooperation 
Program. Each such report shall specify--
          (1) the amount of the proposed obligation;
          (2) the activities for which the Secretary plans to 
        obligate such funds; and
          (3) the terms of the implementing agreement between 
        the United States and the foreign government concerning 
        the activity to be undertaken, including the financial 
        and other responsibilities of each government.
    (c) Availability of Fiscal Year 1999 Funds.--(1) Of the 
amount authorized to be appropriated by section 301(5), 
$4,000,000 shall be available for carrying out the Arctic 
Military Environmental Cooperation Program.
    (2) Amounts available for the Arctic Military Environmental 
Cooperation Program under paragraph (1) may not be obligated or 
expended for that Program until 45 days after the date on which 
the Secretary of Defense submits to the congressional defense 
committees a plan for the Program under paragraph (3).
    (3) The plan for the Arctic Military Environmental 
Cooperation Program under this paragraph shall include the 
following:
          (A) A statement of the overall goals and objectives 
        of the Program.
          (B) A statement of the proposed activities under the 
        Program and the relationship of such activities to the 
        national security interests of the United States.
          (C) An assessment of the compatibility of the 
        activities set forth under subparagraph (B) with the 
        purposes of the Cooperative Threat Reduction programs 
        of the Department of Defense (including with any 
        prohibitions and limitations applicable to such 
        programs).
          (D) An estimate of the funding to be required and 
        requested in future fiscal years for the activities set 
        forth under subparagraph (B).
          (E) A proposed termination date for the Program.
          * * * * * * *

               Subtitle D--Information Technology Issues

          * * * * * * *

SEC. 335. CONTINUITY OF ESSENTIAL OPERATIONS AT RISK OF FAILURE BECAUSE 
                    OF INFORMATION TECHNOLOGY AND NATIONAL SECURITY 
                    SYSTEMS THAT ARE NOT YEAR 2000 COMPLIANT.

    (a) Report Required.--Not later than March 31, 1999, the 
Secretary of Defense and the Director of Central Intelligence 
shall jointly submit to the Committee on Armed Services of the 
Senate and the Committee on National Security of the House of 
Representatives a report on the plans of the Department of 
Defense and the intelligence community for ensuring the 
continuity of performance of essential operations that are at 
risk of failure because of information technology and national 
security systems that are not year 2000 compliant.
    (b) Content.--The report shall contain, at a minimum, the 
following:
          (1) A prioritization of mission critical systems to 
        ensure that the most critical systems have the highest 
        priority for efforts to reprogram information 
        technology and national security systems to be year 
        2000 compliant.
          (2) A discussion of the private and other public 
        information and support systems relied on by the 
        national security community, including the intelligence 
        community, and the efforts under way to ensure that 
        those systems are year 2000 compliant.
          (3) The efforts under way to repair the underlying 
        operating systems and infrastructure.
          (4) The plans for comprehensive testing of Department 
        of Defense systems, including simulated operational 
        tests in mission areas.
          (5) A comprehensive contingency plan, for the entire 
        national security community, which provides for 
        resolving emergencies resulting from a system that is 
        not year 2000 compliant and includes provision for the 
        creation of crisis action teams for use in resolving 
        such emergencies.
          (6) A discussion of the efforts undertaken to ensure 
        the continued reliability of service on the systems 
        used by the President and other leaders of the United 
        States for communicating with the leaders of other 
        nations.
          (7) A discussion of the vulnerability of allied armed 
        forces to the failure of systems that are not, or have 
        critical components that are not, year 2000 compliant, 
        together with an assessment of the potential problems 
        for interoperability among the Armed Forces of the 
        United States and allied armed forces because of the 
        potential for failure of such systems.
          (8) An estimate of the total cost of making 
        information technology and national security systems of 
        the Department of Defense and the intelligence 
        community year 2000 compliant.
          (9) The countries that have critical computer-based 
        systems any disruption of which, due to not being year 
        2000 compliant, would cause a significant potential 
        national security risk to the United States.
          (10) A discussion of the cooperative arrangements 
        between the United States and other nations to assist 
        those nations in identifying and correcting (to the 
        extent necessary to meet national security interests of 
        the United States) any problems in their communications 
        and strategic systems, or other systems identified by 
        the Secretary of Defense, that make the systems not 
        year 2000 compliant.
          (11) A discussion of the threat posed to the national 
        security interests of the United States from any 
        potential failure of strategic systems of foreign 
        countries that are not year 2000 compliant.
    (c) International Cooperative Arrangements.--The Secretary 
of Defense, with the concurrence of the Secretary of State, may 
enter into a cooperative arrangement with a representative of 
any foreign government to provide for the United States to 
assist the foreign government in identifying and correcting (to 
the extent necessary to meet national security interests of the 
United States) any problems in communications, strategic, or 
other systems of that foreign government that render the 
systems not year 2000 compliant.
    (d) Definitions.--In this section:
          (1) The term ``year 2000 compliant'', with respect to 
        an information technology or national security system 
        of the United States or a computer-based system of a 
        foreign government, means that the system correctly 
        recognizes dates in years after 1999 as being dates 
        after 1999 for the purposes of system functions for 
        which the correct date is relevant to the performance 
        of the functions, consistent with certification level 
        1a, 1b, or 2 (as prescribed in the April 1997 
        publication of the Department of Defense entitled 
        ``Year 2000 Management Plan'').
          (2) The term ``information technology'' has the 
        meaning given that term by section 5002 of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1401).
          (3) The term ``national security system'' has the 
        meaning given that term by section 5142 of the Clinger-
        Cohen Act of 1996 (40 U.S.C. 1452).
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004.\4\ AUTHORIZATION OF APPROPRIATIONS FOR BOSNIA PEACEKEEPING 
                    OPERATIONS FOR FISCAL YEAR 1999.

    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 1999 for incremental costs of the Armed Forces for 
Bosnia peacekeeping operations in the total amount of 
$1,858,600,000, as follows:
---------------------------------------------------------------------------
    \4\ See also sec. 1006 of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 734).
---------------------------------------------------------------------------
          (1) For military personnel, in addition to the 
        amounts authorized to be appropriated in title IV of 
        this Act:
                  (A) For the Army, $297,700,000.
                  (B) For the Navy, $9,700,000.
                  (C) For the Marine Corps, $2,700,000.
                  (D) For the Air Force, $33,900,000.
                  (E) For the Naval Reserve, $2,200,000.
          (2) For operation and maintenance for the Overseas 
        Contingency Operations Transfer Fund, in addition to 
        the total amount authorized to be appropriated for that 
        fund in section 301(24) of this Act, $1,512,400,000.
    (b) Designation as Emergency.--Funds authorized to be 
appropriated in accordance with subsection (a) are designated 
as emergency requirements pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 901(b)(2)(A)).
    (c) Limitation.--(1) Funds available for the Department of 
Defense for fiscal year 1999 for military personnel for the 
Army, Navy, Marine Corps, Air Force, or Naval Reserve or for 
operation and maintenance for the Overseas Contingency 
Operations Transfer Fund may not be obligated or expended for 
Bosnia peacekeeping operations in excess of the amount 
authorized to be appropriated for that purpose under subsection 
(a).
    (2) The President may waive the limitation in paragraph (1) 
after submitting to Congress the following:
          (A) The President's written certification that the 
        waiver is necessary in the national security interests 
        of the United States.
          (B) The President's written certification that 
        exercising the waiver will not adversely affect the 
        readiness of United States military forces.
          (C) A report setting forth the following:
                  (i) The reasons that the waiver is necessary 
                in the national security interests of the 
                United States.
                  (ii) The specific reasons that additional 
                funding is required for the continued presence 
                of United States military forces participating 
                in, or supporting, Bosnia peacekeeping 
                operations for fiscal year 1999.
                  (iii) A discussion of the impact on the 
                military readiness of United States Armed 
                Forces of the continuing deployment of United 
                States military forces participating in, or 
                supporting, Bosnia peacekeeping operations.
          (D) A supplemental appropriations request for the 
        Department of Defense for such amounts as are necessary 
        for the additional fiscal year 1999 costs associated 
        with United States military forces participating in, or 
        supporting, Bosnia peacekeeping operations.
    (d) Transfer Authority.--The Secretary of Defense may 
transfer amounts of authorizations made available to the 
Department of Defense in subsection (a)(2) for fiscal year 1999 
to any of the authorizations for that fiscal year in section 
301. Amounts of authorizations so transferred shall be merged 
with and be available for the same purposes as the 
authorization to which transferred. The transfer authority 
under this subsection is in addition to any other transfer 
authority provided in this Act.
    (e) Bosnia Peacekeeping Operations Defined.--For the 
purposes of this section, the term ``Bosnia peacekeeping 
operations''--
          (1) means the operation designated as Operation Joint 
        Forge and any other operation involving the 
        participation of any of the Armed Forces in 
        peacekeeping or peace enforcement activities in and 
        around the Republic of Bosnia and Herzegovina; and
          (2) includes, with respect to Operation Joint Forge 
        or any such other operation, each activity that is 
        directly related to the support of the operation.

SEC. 1005. PARTNERSHIP FOR PEACE INFORMATION SYSTEM MANAGEMENT.

    Funds authorized to be appropriated under titles II and III 
of this Act shall be available for the Partnership for Peace 
Information Management System as follows:
          (1) Of the amount authorized to be appropriated under 
        section 201(4) for Defense-wide activities, $2,000,000.
          (2) Of the amount authorized to be appropriated under 
        section 301(5) for Defense-wide activities, $3,000,000.

SEC. 1006. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN 
                    FISCAL YEAR 1999.

    (a) Fiscal Year 1999 Limitation.--The total amount 
contributed by the Secretary of Defense in fiscal year 1999 for 
the common-funded budgets of NATO may be any amount up to, but 
not in excess of, the amount specified in subsection (b) 
(rather than the maximum amount that would otherwise be 
applicable to those contributions under the fiscal year 1998 
baseline limitation).
    (b) Total Amount.--The amount of the limitation applicable 
under subsection (a) is the sum of the following:
          (1) The amounts of unexpended balances, as of the end 
        of fiscal year 1998, of funds appropriated for fiscal 
        years before fiscal year 1999 for payments for those 
        budgets.
          (2) The amount authorized to be appropriated under 
        section 301(1) that is available for contributions for 
        the NATO common-funded military budget under section 
        314.
          (3) The amount authorized to be appropriated under 
        section 201 that is available for contribution for the 
        NATO common-funded civil budget under section 243.
          (4) The total amount of the contributions authorized 
        to be made under section 2501.
    (c) Definitions.--For purposes of this section:
          (1) Common-funded budgets of nato.--The term 
        ``common-funded budgets of NATO'' means the Military 
        Budget, the Security Investment Program, and the Civil 
        Budget of the North Atlantic Treaty Organization (and 
        any successor or additional account or program of 
        NATO).
          (2) Fiscal year 1998 baseline limitation.--The term 
        ``fiscal year 1998 baseline limitation'' means the 
        maximum annual amount of Department of Defense 
        contributions for common-funded budgets of NATO that is 
        set forth as the annual limitation in section 
        3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of 
        the Protocols to the North Atlantic Treaty of 1949 on 
        the Accession of Poland, Hungary, and the Czech 
        Republic (as defined in section 4(7) of that 
        resolution), approved by the Senate on April 30, 
        1998.\5\
---------------------------------------------------------------------------
    \5\ Secs. 3(2)(C)(ii) and 4(7) of the Protocols to the North 
Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the 
Czech Republic, as approved by the Senate on April 30, 1998, printed in 
the Congressional Record on May 4, 1998 (p. S4217-S4220), provided as 
follows:
    ``[Sec. 3(2)(C)] (ii) Annual limitation on united states 
expenditures for nato.--Unless specifically authorized by law, the 
total amount of expenditures by the United States in any fiscal year 
beginning on or after October 1, 1998, for payments to the common-
funded budgets of NATO shall not exceed the total of all such payments 
made by the United States in fiscal year 1998.''
    and
    ``[Sec. 4] (7) Protocols to the north atlantic treaty of 1949 on 
the accession of poland, hungary, and the czech republic.--The term 
`Protocols to the North Atlantic Treaty of 1949 on the Accession of 
Poland, Hungary, and the Czech Republic' refers to the following 
protocols transmitted by the President to the Senate on February 11, 
1998 (Treaty Document No. 105-36):
---------------------------------------------------------------------------

  ``(A) The Protocol to the North Atlantic Treaty on the Accession of the 
Republic of Poland, signed at Brussels on December 16, 1997.

  ``(B) The Protocol to the North Atlantic Treaty on the Accession of the 
Republic of Hungary, signed at Brussels on December 16, 1997.

  ``(C) The Protocol to the North Atlantic Treaty on the Accession of the 
Czech Republic, signed at Brussels on December 16, 1997.''.

 Subtitle C--Counter-Drug Activities and Other Assistance for Civilian 
                            Law Enforcement

          * * * * * * *

SEC. 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN TRANSIT 
                    ZONE.

    (a) Sense of Congress Regarding Priority of Drug 
Interdiction and Counter-Drug Activities.--It is the sense of 
Congress that the Secretary of Defense should--
          (1) ensure that the international drug interdiction 
        and counter-drug activities of the Department of 
        Defense are accorded adequate resources within the 
        budget allocation of the Department to execute the drug 
        interdiction and counter-drug mission under the Global 
        Military Force Policy of the Department; and
          (2) make such changes to that policy as the Secretary 
        considers necessary.
    (b) Support for Counter-Drug Operation Caper Focus.--(1) 
During fiscal year 1999, the Secretary of Defense shall make 
available, to the maximum extent practicable, such surface 
vessels, maritime patrol aircraft, and personnel of the Navy as 
may be necessary to conduct the final phase of the counter-drug 
operation known as Caper Focus, which targets the maritime 
movement of cocaine on vessels in the eastern Pacific Ocean.
    (2) Of the amount authorized to be appropriated pursuant to 
section 301(20) for drug interdiction and counter-drug 
activities, $10,500,000 shall be available for the purpose of 
conducting the counter-drug operation known as Caper Focus.
    (c) Patrol Coastal Craft for Drug Interdiction by Southern 
Command.--Of the amount authorized to be appropriated pursuant 
to section 301(20) for drug interdiction and counter-drug 
activities, $14,500,000 shall be available for the purpose of 
equipping and operating six of the Cyclone-class coastal 
defense ships of the Department of Defense in the Caribbean Sea 
and eastern Pacific Ocean in support of the drug interdiction 
efforts of the United States Southern Command.
    (d) Resulting Availability of Funds for 
Counterproliferation and Counterterrorism Activities.--(1) In 
light of subsection (c), of the amount authorized to be 
appropriated pursuant to section 301(5) for the Special 
Operations Command, $4,500,000 shall be available for the 
purpose of increased training and related operations in support 
of the activities of the Special Operations Command regarding 
counterproliferation of weapons of mass destruction and 
counterterrorism.
    (2) The amount made available under this subsection is in 
addition to other funds authorized to be appropriated under 
section 301(5) for the Special Operations Command for such 
purpose.
          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

    Subtitle A--United States Armed Forces in Bosnia and Herzegovina

Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Presidential reports.
Sec. 1204. Secretary of Defense reports on operations in Bosnia and 
          Herzegovina.
Sec. 1205. Definitions.

         Subtitle B--Matters Relating to Contingency Operations

Sec. 1211. Report on involvement of Armed Forces in contingency and 
          ongoing operations.
Sec. 1212. Submission of report on objectives of a contingency operation 
          with requests for funding for the operation.

             Subtitle C--Matters Relating to NATO and Europe

Sec. 1221. Limitation on United States share of costs of NATO expansion.
Sec. 1222. Report on military capabilities of an expanded NATO alliance.

                        Subtitle D--Other Matters

Sec. 1231. Limitation on assignment of United States forces for certain 
          United Nations purposes.
Sec. 1232. Prohibition on restriction of Armed Forces under Kyoto 
          Protocol to the United Nations Framework Convention on Climate 
          Change.
Sec. 1233. Defense burdensharing.
Sec. 1234. Transfer of excess UH-1 Huey and AH-1 Cobra helicopters to 
          foreign countries.
Sec. 1235. Transfers of naval vessels to certain foreign countries.
Sec. 1236. Repeal of landmine moratorium.
Sec. 1237. Application of authorities under the International Emergency 
          Economic Powers Act to Communist Chinese military companies.

    Subtitle A--United States Armed Forces in Bosnia and Herzegovina

SEC. 1201. FINDINGS.

    Congress makes the following findings:
          (1) The contributions of the people of the United 
        States and other nations have, in large measure, 
        resulted in the suspension of fighting and alleviated 
        the suffering of the people of Bosnia and Herzegovina 
        since December 1995.
          (2) The United States has expended approximately 
        $9,500,000,000 between 1992 and mid-1998 just in 
        support of the United States military operations in 
        Bosnia to achieve those results.
          (3) Efforts to restore the economy and political 
        structure in Bosnia and Herzegovina have achieved some 
        success in accordance with the Dayton Accords.
          (4) On March 3, 1998, the President certified to 
        Congress (A) that the continued presence of United 
        States forces in Bosnia and Herzegovina after June 30, 
        1998, was required in order to meet the national 
        security interests of the United States, and (B) that 
        United States Armed Forces will not serve as, or be 
        used as, civil police in Bosnia and Herzegovina.
          (5) With that certification, the President submitted 
        to Congress a report stating that the goal of the 
        military presence in Bosnia and Herzegovina is to 
        establish the conditions under which implementation of 
        the Dayton Accords can continue without the support of 
        a major NATO-led military force and setting forth the 
        criteria for determining when that goal has been 
        accomplished.
          (6) Since the administration has not specified how 
        long achievement of that goal is expected to take, the 
        mission of United States ground combat forces in Bosnia 
        and Herzegovina is essentially of indefinite duration.
          (7) The NATO operations plan for the Stabilization 
        Force (Operations Plan 10407, which went into effect on 
        June 20, 1998, after approval by allied foreign 
        ministers) incorporates all of the benchmarks set forth 
        in the report referred to in paragraph (5) and states 
        that the Stabilization Force will develop detailed 
        criteria for assessing progress in achieving those 
        benchmarks in close coordination with key international 
        organizations participating in civilian implementation 
        of the Dayton Accords.
          (8) The military representatives of NATO member 
        nations have been tasked by the North Atlantic Council 
        to provide estimates of the time likely to be required 
        for implementation of the Dayton Accords.
          (9) NATO has decided to conduct formal reviews when 
        appropriate (but at intervals of not more than 6 
        months) to assess the security situation and the 
        progress being made in the implementation of the civil 
        aspects of the Dayton Accords. Those reviews will 
        enable the Alliance to make decisions as to reductions 
        in the size or the Stabilization Force, leading to its 
        eventual full withdrawal.
          (10) NATO has approved the creation of a 
        multinational specialized unit of gendarmes or 
        paramilitary police composed of European security 
        forces to help promote public security in Bosnia and 
        Herzegovina as a part of the post-June 1998 mission for 
        the Stabilization Force.
          (11) The limit established for spending by the United 
        States for the defense discretionary budget category 
        for fiscal year 1998 in the Balanced Budget and 
        Emergency Deficit Control Act of 1985 does not take 
        into account the continued deployment of United States 
        forces in Bosnia and Herzegovina after June 30, 1998, 
        leading to the request by the President for emergency 
        supplemental appropriations for the Bosnia and 
        Herzegovina mission through September 30, 1998.
          (12) Amounts for Department of Defense operations in 
        Bosnia and Herzegovina during fiscal year 1999 were not 
        included in the budget of the President for fiscal year 
        1999, as submitted to Congress on February 2, 1998.
          (13) The President requested $1,858,600,000 in 
        emergency appropriations in his March 4, 1998, 
        amendment to the fiscal year 1999 budget to cover the 
        shortfall in funding in fiscal year 1999 for the costs 
        of extending the mission in Bosnia.

SEC. 1202. SENSE OF CONGRESS.

    (a) Sense of Congress Concerning United States Forces and 
Accomplishment of Tasks in Bosnia and Herzegovina.--It is the 
sense of Congress that--
          (1) United States ground combat forces should not 
        remain in Bosnia and Herzegovina indefinitely in view 
        of the worldwide commitments of the Armed Forces of the 
        United States;
          (2) the President should work with NATO allies and 
        the other nations whose military forces are 
        participating in the NATO-led Stabilization Force to 
        withdraw United States ground combat forces from Bosnia 
        and Herzegovina within a reasonable period of time, 
        consistent with the safety of those forces and the 
        accomplishment of the Stabilization Force's military 
        tasks;
          (3) a NATO-led force without the participation of 
        United States ground combat forces in Bosnia and 
        Herzegovina might be suitable for a follow-on force for 
        Bosnia and Herzegovina if the European Security and 
        Defense Identity is not sufficiently developed or is 
        otherwise considered inappropriate for such a mission; 
        and
          (4) the United States may decide to provide 
        appropriate support to a Western European Union-led or 
        NATO-led follow-on force for Bosnia and Herzegovina, 
        including command and control, intelligence, logistics, 
        and, if necessary, a ready reserve force in the region.
    (b) Sense of Congress Concerning Presidential Actions.--It 
is the sense of Congress that the President--
          (1) should inform the European NATO allies of the 
        expression of the sense of Congress in subsection (a) 
        and should strongly urge them to undertake preparations 
        for establishing a Western European Union-led or a 
        NATO-led force as a follow-on force to the 
        Stabilization Force if needed to maintain peace and 
        stability in Bosnia and Herzegovina; and
          (2) should consult closely with the congressional 
        leadership and the congressional defense committees 
        with respect to the progress being made toward 
        achieving a sustainable peace in Bosnia and Herzegovina 
        and the progress being made toward a reduction and 
        ultimate withdrawal of United States ground combat 
        forces from Bosnia and Herzegovina.
    (c) Sense of Congress Concerning Defense Budget.--It is the 
sense of Congress that--
          (1) the President should include in the budget for 
        the Department of Defense that the President submits to 
        Congress under section 1105(a) of title 31, United 
        States Code, for each fiscal year sufficient amounts to 
        pay for any proposed continuation of the participation 
        of United States forces in NATO operations in Bosnia 
        and Herzegovina during that fiscal year; and
          (2) amounts included in the budget for the purpose 
        stated in paragraph (1) should be over and above the 
        defense discretionary estimates as identified in the 
        Bipartisan Budget Agreement of May 16, 1997 and the 
        fiscal year 1998 concurrent budget resolution and not 
        be transferred from amounts in the budget of any other 
        agency of the executive branch, but instead should be 
        an overall increase in the budget for the Department of 
        Defense and the discretionary spending limits in the 
        Balanced Budget Act of 1997.

SEC. 1203. PRESIDENTIAL REPORTS.

    (a) Required Reports.--The President shall ensure that the 
semiannual reports required by section 7(b) of the general 
provisions of chapter I of the 1998 Supplemental Appropriations 
and Rescissions Act (Public Law 105-174; 112 Stat. 64) are 
submitted to Congress in a timely manner as long as United 
States ground combat forces continue to participate in the 
Stabilization Force (SFOR). In addition, whenever the President 
submits to Congress a request for funds for continued 
operations of United States forces in Bosnia and Herzegovina, 
the President shall submit a supplemental report providing 
information to update Congress on developments since the last 
semiannual report.
    (b) Required Information.--In addition to the information 
required by the section referred to in subsection (a) to be 
included in a report under that section, each report under that 
section or under subsection (a) shall include the following:
          (1) The expected duration of the deployment of United 
        States ground combat forces in Bosnia and Herzegovina 
        in support of implementation of the benchmarks set 
        forth in the President's report of March 3, 1998 
        (referred to in section 1201(5)) for achieving a 
        sustainable peace process.
          (2) The percentage of those benchmarks that have been 
        completed as of the date of the report, the percentage 
        that are expected to be completed within the next 
        reporting period, and the expected time for completion 
        of the remaining tasks.
          (3) The status of the NATO force of gendarmes or 
        paramilitary police, including the mission of the 
        force, the composition of the force, and the extent, if 
        any, to which members of the Armed Forces of the United 
        States are participating (or are to participate) in the 
        force.
          (4) The military and nonmilitary missions that the 
        President has directed for United States forces in 
        Bosnia and Herzegovina, including a specific discussion 
        of--
                  (A) the mission of those forces, if any, in 
                connection with the pursuit and apprehension of 
                war criminals;
                  (B) the mission of those forces, if any, in 
                connection with civilian police functions;
                  (C) the mission of those forces, if any, in 
                connection with the resettlement of refugees; 
                and
                  (D) the missions undertaken by those forces, 
                if any, in support of international and local 
                civilian authorities.
          (5) An assessment of the risk for the United States 
        forces in Bosnia and Herzegovina, including, for each 
        mission identified pursuant to paragraph (4), the 
        assessment of the Chairman of the Joint Chiefs of Staff 
        regarding the nature and level of risk of the mission 
        for the safety and well-being of United States military 
        personnel.
          (6) An assessment of the cost to the United States, 
        by fiscal year, of carrying out the missions identified 
        pursuant to paragraph (4) and a detailed projection of 
        any additional funding that will be required by the 
        Department of Defense to meet mission requirements for 
        those operations for the remainder of the fiscal year.
          (7) A joint assessment by the Secretary of Defense 
        and the Secretary of State of the status of planning 
        for--
                  (A) the assumption of all remaining military 
                missions inside Bosnia and Herzegovina by 
                European military and paramilitary forces; and
                  (B) the establishment and support of a 
                forward-based United States rapid response 
                force outside of Bosnia and Herzegovina that 
                would be capable of deploying rapidly to defeat 
                military threats to a European follow-on force 
                inside Bosnia and Herzegovina and of providing 
                whatever logistical, intelligence, and air 
                support is needed to ensure that a European 
                follow-on force is fully capable of 
                accomplishing its missions under the Dayton 
                Accords.

SEC. 1204. SECRETARY OF DEFENSE REPORTS ON OPERATIONS IN BOSNIA AND 
                    HERZEGOVINA.

    (a) Report on Effects on Capabilities of United States 
Military Forces.--Not later than December 15, 1998, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the effects of military operations in 
Bosnia and Herzegovina and the Balkans region on the 
capabilities of United States military forces. The report 
shall, in particular, describe the effects of those operations 
on the capability of United States military forces to conduct 
successfully two nearly simultaneous major theater wars as 
specified in current Defense Planning Guidance and in 
accordance with the deployment timelines called for in the war 
plans of the commanders of the unified combatant commands.
    (b) Additional Reports.--Whenever the number of United 
States ground combat forces in Bosnia and Herzegovina increases 
or decreases by 20 percent or more compared to the number of 
such forces as of the most recent previous report under this 
section, the Secretary shall submit an additional report as 
specified in subsection (a). Any such additional report shall 
be submitted within 30 days of the date on which the 
requirement to submit the report becomes effective under the 
preceding sentence.
    (c) Matters To Be Included.--The Secretary shall include in 
each report under this section information with respect to the 
effects of military operations in Bosnia and Herzegovina and 
the Balkans region on the capabilities of United States 
military forces to conduct successfully two nearly simultaneous 
major theater wars as specified in current Defense Planning 
Guidance and in accordance with the deployment timelines called 
for in the war plans of the commanders of the unified combatant 
commands. Such information shall include information on the 
effects of those operations on anticipated deployment plans for 
major theater wars in Southwest Asia or on the Korean 
peninsula, including the following:
          (1) Deficiencies or delays in deployment of strategic 
        lift, logistics support and infrastructure, ammunition 
        (including precision guided munitions), support forces, 
        intelligence assets, follow-on forces used for planned 
        counteroffensives, and similar forces.
          (2) Additional planned reserve component 
        mobilization, including specific units to be ordered to 
        active duty and required dates for activation of 
        presidential call-up authority.
          (3) Specific plans and timelines for redeployment of 
        United States forces from Bosnia and Herzegovina, the 
        Balkans region, or supporting forces in the region, to 
        both the first and second major theater war.
          (4) Preventative actions or deployments involving 
        United States forces in Bosnia and Herzegovina and the 
        Balkans region that would be taken in the event of a 
        single theater war to deter the outbreak of a second 
        theater war.
          (5) Specific plans and timelines to replace forces 
        deployed to Bosnia and Herzegovina, the Balkans region, 
        or the surrounding region to maintain United States 
        military presence.
          (6) An assessment, undertaken in consultation with 
        the Chairman of the Joint Chiefs of Staff and the 
        commanders of the unified combatant commands, of the 
        level of increased risk to successful conduct of the 
        major theater wars and the maintenance of security and 
        stability in Bosnia and Herzegovina and the Balkans 
        region, by the requirement to redeploy forces from 
        Bosnia and the Balkans in the event of a major theater 
        war.

SEC. 1205. DEFINITIONS.

    As used in this subtitle:
          (1) Dayton peace accords.--The term ``Dayton Peace 
        Accords'' means the General Framework Agreement for 
        Peace in Bosnia and Herzegovina, initialed by the 
        parties in Dayton, Ohio, on November 21, 1995, and 
        signed in Paris on December 14, 1995.
          (2) Stabilization force.--The term ``Stabilization 
        Force'' means the NATO-led force in Bosnia and 
        Herzegovina and other countries in the region (referred 
        to as ``SFOR''), authorized under United Nations 
        Security Council Resolution 1088 (December 12, 1996).
          (3) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.

         Subtitle B--Matters Relating to Contingency Operations

SEC. 1211. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTINGENCY AND 
                    ONGOING OPERATIONS.

    (a) Report Required.--Not later than January 31, 1999, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives a report on the involvement of 
the Armed Forces in major contingency operations and major 
ongoing operations since the end of the Persian Gulf War. The 
report shall include the following:
          (1) A discussion of the effects of the involvement of 
        the Armed Forces in those operations on retention of 
        personnel in the Armed Forces, shown in the aggregate 
        and separately for officers and enlisted personnel.
          (2) The extent to which the use of combat support and 
        combat service support personnel and equipment of the 
        Armed Forces in those operations has resulted in 
        shortages of Armed Forces personnel and equipment in 
        other regions of the world.
          (3) The accounts from which funds have been drawn to 
        pay for those operations and the specific programs for 
        which those funds were available until diverted to pay 
        for those operations.
          (4) For each such operation--
                  (A) a statement of the vital interests of the 
                United States that are involved in the 
                operation or, if none, the interests of the 
                United States that are involved in the 
                operation and a characterization of those 
                interests;
                  (B) a statement of what clear and distinct 
                objectives guide the activities of United 
                States forces in the operation; and
                  (C) a statement of what the President has 
                identified on the basis of those objectives as 
                the date, or the set of conditions, that 
                defines the end of the operation.
    (b) Form of Report.--The report shall be submitted in 
unclassified form, but may also be submitted in a classified 
form if necessary.
    (c) Major Operation Defined.--For the purposes of this 
section, a contingency operation or an ongoing operation is a 
major contingency operation or a major ongoing operation, 
respectively, if the operation involves the deployment of more 
than 500 members of the Armed Forces.

SEC. 1212. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTINGENCY 
                    OPERATION WITH REQUESTS FOR FUNDING FOR THE 
                    OPERATION.

    (a) Findings.--Congress makes the following findings:
          (1) On May 3, 1994, the President issued Presidential 
        Decision Directive 25 declaring that American 
        participation in United Nations and other peace 
        operations would depend in part on whether the role of 
        United States forces is tied to clear objectives and an 
        endpoint for United States participation can be 
        identified.
          (2) Between that date and mid-1998, the President and 
        other executive branch officials have obligated or 
        requested appropriations of approximately 
        $9,400,000,000 for military-related operations 
        throughout Bosnia and Herzegovina without providing to 
        Congress, in conjunction with the budget submission for 
        any fiscal year, a strategic plan for such operations 
        under the criteria set forth in that Presidential 
        Decision Directive.
          (3) Between November 27, 1995, and mid-1998 the 
        President has established three deadlines, since 
        elapsed, for the termination of United States military-
        related operations throughout Bosnia and Herzegovina.
          (4) On December 17, 1997, the President announced 
        that United States ground combat forces would remain in 
        Bosnia and Herzegovina for an unknown period of time.
          (5) Approximately 47,880 United States military 
        personnel (excluding personnel serving in units 
        assigned to the Republic of Korea) have participated in 
        14 international contingency operations between fiscal 
        years 1991 and 1998.
          (6) The 1998 posture statements of the Navy and Air 
        Force included declarations that the pace of military 
        operations over fiscal year 1997 adversely affected the 
        readiness of non-deployed forces, personnel retention 
        rates, and spare parts inventories of the Navy and Air 
        Force.
    (b) Information To Be Reported With Funding Requests.--
Section 113 of title 10, United States Code, is amended by 
adding after subsection (l), as added by section 915, the 
following new subsection: * * *

            Subtitle C--Matters Relating to NATO and Europe

SEC. 1221.\6\ LIMITATION ON UNITED STATES SHARE OF COSTS OF NATO 
                    EXPANSION.

    (a) Limitation.--The United States share of defined NATO 
expansion costs may not exceed the lesser of--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) the amount equal to 25 percent of those costs; or
          (2) $2,000,000,000.
    (b) Defined NATO Expansion Costs.--For purposes of 
subsection (a), the term ``defined NATO expansion costs'' means 
the commonly funded costs of the North Atlantic Treaty 
Organization (NATO) during fiscal years 1999 through 2011 for 
enlargement of NATO due to the admission to NATO of Poland, 
Hungary, and the Czech Republic.

SEC. 1222. REPORT ON MILITARY CAPABILITIES OF AN EXPANDED NATO 
                    ALLIANCE.

    (a) Report.--The Secretary of Defense shall prepare a 
report, in both classified and unclassified form, on the 
planned future military capabilities of the North Atlantic 
Treaty Organization (NATO) with the anticipated accession of 
Poland, the Czech Republic, and Hungary to the NATO alliance. 
The report shall set forth the following:
          (1) An assessment of the tactical, operational, and 
        strategic military requirements, including 
        interoperability, reinforcement, and force 
        modernization issues, as well as strategic and 
        territorial issues, that are raised by the inclusion of 
        Poland, the Czech Republic, and Hungary in the NATO 
        alliance.
          (2) The minimum military requirements to be satisfied 
        by those countries before accession to the NATO 
        alliance in April 1999.
          (3) The improvements to common alliance military 
        assets that are necessary as a result of expanding the 
        NATO alliance to include those nations.
          (4) The improvements to national capabilities of 
        current NATO members that would be necessitated by the 
        inclusion of those nations in the alliance.
          (5) The necessary improvements to national 
        capabilities of the military forces of those new member 
        nations.
          (6) Any additional necessary improvements to common 
        alliance military assets of the military forces of 
        those new members for which funds are not planned to be 
        included in the NATO budget.
          (7) The additional requirements, related to NATO 
        expansion, that the United States would agree to assist 
        each new member nation to meet on a bilateral basis.
    (b) Matters To Be Included.--The report shall include the 
following:
          (1) An assessment of the tactical and operational 
        capabilities of the military forces of Poland, the 
        Czech Republic, and Hungary.
          (2) An assessment of the ability of each such new 
        member nation to meet the minimum military requirements 
        upon accession to the NATO alliance in April 1999, and 
        the ability of that nation to provide logistical, 
        command and control, and other vital infrastructure 
        required for alliance defense (as specified in Article 
        V of the NATO Charter), including a description in 
        general terms of alliance plans for reinforcing each 
        new NATO member nation during a crisis or war and 
        detailing means for deploying both United States and 
        other NATO forces from current member states and from 
        the continental United States or other United States 
        bases worldwide and, in particular, describing plans 
        for ground reinforcement of Hungary.
          (3) An assessment of the ability of the current and 
        new alliance members to deploy and sustain combat 
        forces in alliance defense missions conducted in the 
        territory of any of the new member nations, as 
        specified in Article V of the NATO Charter.
          (4) A description of projected defense programs 
        through 2009 (shown on an annual basis and 
        cumulatively) of each current and new alliance member 
        nation--
                  (A) including planned investments in 
                capabilities pursuant to Article V to ensure 
                that--
                          (i) the nation's military force 
                        structure, defense planning, command 
                        structures, and force goals promote 
                        NATO's capacity to project power when 
                        the security of a NATO member is 
                        threatened; and
                          (ii) NATO members possess national 
                        military capabilities to rapidly deploy 
                        forces over long distances, sustain 
                        operations for extended periods, and 
                        operate jointly with the United States 
                        in high intensity conflicts as well as 
                        potential alliance contingency 
                        operations;
                  (B) showing both planned national efforts as 
                well as planned alliance common efforts; and
                  (C) describing any deficiencies in 
                investments by current or new alliance member 
                nations.
          (5) A detailed comparison and description of the 
        differences in scope, methodology, and assessments of 
        common alliance or national responsibilities, or any 
        other factor related to alliance capabilities between 
        (A) the report on alliance expansion costs prepared by 
        the Department of Defense (in the report submitted to 
        Congress in February 1998 entitled ``Report to the 
        Congress on the Military Requirements and Costs of NATO 
        Enlargement''), and (B) the report on alliance 
        expansion costs prepared by NATO collectively and 
        referred to as the ``NATO estimate'', issued at 
        Brussels in November 1997.
          (6) Any other factor that, in the judgment of the 
        Secretary of Defense, bears upon the strategic, 
        operational, or tactical military capabilities of an 
        expanded NATO alliance.
    (c) Submission of Report.--The report shall be submitted to 
Congress not later than March 15, 1999.
---------------------------------------------------------------------------
    \7\ Formerly at 22 U.S.C. 1928 note, requiring reports on the 
development of the European security and defense identity. Repealed by 
sec. 1031(g)(2) of Public Law 108-136 (117 Stat. 1604).
---------------------------------------------------------------------------

SEC. 1223.\7\ * * * [REPEALED--2003]

                       Subtitle D--Other Matters

SEC. 1231. LIMITATION ON ASSIGNMENT OF UNITED STATES FORCES FOR CERTAIN 
                    UNITED NATIONS PURPOSES.

    (a) Limitation on Participation in United Nations Rapidly 
Deployable Mission Headquarters.--If members of the Armed 
Forces are assigned during fiscal year 1999 to the United 
Nations Rapidly Deployable Mission Headquarters, the number of 
members so assigned may not exceed eight at any time during 
that year.
    (b) \8\ Prohibition.--No funds available to the Department 
of Defense may be used--
---------------------------------------------------------------------------
    \8\ 10 U.S.C. 405 note.
---------------------------------------------------------------------------
          (1) for a monetary contribution to the United Nations 
        for the establishment of a standing international force 
        under the United Nations; or
          (2) to assign or detail any member of the Armed 
        Forces to duty with a United Nations Stand By Force.

SEC. 1232.\9\ PROHIBITION ON RESTRICTION OF ARMED FORCES UNDER KYOTO 
                    PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION 
                    ON CLIMATE CHANGE.

    (a) In General.--Notwithstanding any other provision of 
law, no provision of the Kyoto Protocol to the United Nations 
Framework Convention on Climate Change, or any regulation 
issued pursuant to such protocol, shall restrict the training 
or operations of the United States Armed Forces or limit the 
military equipment procured by the United States Armed Forces.
---------------------------------------------------------------------------
    \9\ 10 U.S.C. 111 note.
---------------------------------------------------------------------------
    (b) Waiver.--A provision of law may not be construed as 
modifying or superseding the provisions of subsection (a) 
unless that provision of law--
          (1) specifically refers to this section; and
          (2) specifically states that such provision of law 
        modifies or supersedes the provisions of this section.
    (c) Matters Not Affected.--Nothing in this section shall be 
construed to preclude the Department of Defense from 
implementing any measure to achieve efficiencies or for any 
other reason independent of the Kyoto Protocol.

SEC. 1233. DEFENSE BURDENSHARING. * * * \10\
---------------------------------------------------------------------------

    \10\ Sec. 1233 amended sec. 1221 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
1935; 22 U.S.C. 1928 note), relating to defense burdensharing.
---------------------------------------------------------------------------

SEC. 1234. TRANSFER OF EXCESS UH-1 HUEY AND AH-1 COBRA HELICOPTERS TO 
                    FOREIGN COUNTRIES. * * * \11\
---------------------------------------------------------------------------

    \11\ Sec. 1234 added sec. 2581 to 10 U.S.C.
---------------------------------------------------------------------------

SEC. 1235. TRANSFERS OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) Transfers by Grant.--The Secretary of the Navy is 
authorized to transfer vessels to foreign countries on a grant 
basis under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j) as follows:
          (1) To the Government of Argentina, the NEWPORT class 
        tank landing ship NEWPORT (LST 1179).
          (2) To the Government of Greece--
                  (A) the KNOX class frigate HEPBURN (FF 1055); 
                and
                  (B) the ADAMS class guided missile destroyers 
                STRAUSS (DDG 16), SEMMS (DDG 18), and WADDELL 
                (DDG 24).
          (3) To the Government of Portugal, the STALWART class 
        ocean surveillance ship ASSURANCE (T-AGOS 5).
          (4) To the Government of Turkey, the KNOX class 
        frigates PAUL (FF 1080), MILLER (FF 1091), and W.S. 
        SIMMS (FF 1059).
    (b) Transfers by Sale.--The Secretary of the Navy is 
authorized to transfer vessels to foreign countries on a sales 
basis under section 21 of the Arms Export Control Act (22 
U.S.C. 2761) as follows:
          (1) To the Government of Brazil, the NEWPORT class 
        tank landing ships CAYUGA (LST 1186) and PEORIA (LST 
        1183).
          (2) To the Government of Chile--
                  (A) the NEWPORT class tank landing ship SAN 
                BERNARDINO (LST 1189); and
                  (B) the auxiliary repair dry dock WATERFORD 
                (ARD 5).
          (3) To the Government of Greece--
                  (A) the OAK RIDGE class medium dry dock 
                ALAMAGORDO (ARDM 2); and
                  (B) the KNOX class frigates VREELAND (FF 
                1068) and TRIPPE (FF 1075).
          (4) To the Government of Mexico--
                  (A) the auxiliary repair dock SAN ONOFRE (ARD 
                30); and
                  (B) the KNOX class frigate PHARRIS (FF 1094).
          (5) To the Government of the Philippines, the 
        STALWART class ocean surveillance ship TRIUMPH (T-AGOS 
        4).
          (6) To the Government of Spain, the NEWPORT class 
        tank landing ships HARLAN COUNTY (LST 1196) and 
        BARNSTABLE COUNTY (LST 1197).
          (7) To the Taipai Economic and Cultural 
        Representative Office in the United States (the Taiwan 
        instrumentality that is designated pursuant to section 
        10(a) of the Taiwan Relations Act)--
                  (A) the KNOX class frigates PEARY (FF 1073), 
                JOSEPH HEWES (FF 1078), COOK (FF 1083), BREWTON 
                (FF 1086), KIRK (FF 1987), and BARBEY (FF 
                1088);
                  (B) the NEWPORT class tank landing ships 
                MANITOWOC (LST 1180) and SUMTER (LST 1181);
                  (C) the floating dry dock COMPETENT (AFDM 6); 
                and
                  (D) the ANCHORAGE class dock landing ship 
                PENSACOLA (LSD 38).
          (8) To the Government of Turkey--
                  (A) the OLIVER HAZARD PERRY class guided 
                missile frigates MAHLON S. TISDALE (FFG 27), 
                REID (FFG 30), and DUNCAN (FFG 10); and
                  (B) the KNOX class frigates REASONER (FF 
                1063), FANNING (FF 1076), BOWEN (FF 1079), 
                MCCANDLESS (FF 1084), DONALD BEARY (FF 1085), 
                AINSWORTH (FF 1090), THOMAS C. HART (FF 1092), 
                and CAPODANNO (FF 1093).
          (9) To the Government of Venezuela, the medium 
        auxiliary floating dry dock bearing hull number AFDM 2.
    (c) Transfers on a Combined Lease-Sale Basis.--The 
Secretary of the Navy is authorized to transfer vessels to 
foreign countries on a combined lease-sale basis under sections 
61 and 21 of the Arms Export Control Act (22 U.S.C. 2796, 2761) 
and in accordance with subsection (d) as follows:
          (1) To the Government of Brazil, the CIMARRON class 
        oiler MERRIMACK (AO 179).
          (2) To the Government of Greece, the KIDD class 
        guided missile destroyers KIDD (DDG 993), CALLAGHAN 
        (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996).
    (d) Conditions Relating To Combined Lease-Sale Transfers.--
A transfer of a vessel on a combined lease-sale basis 
authorized by subsection (c) shall be made in accordance with 
the following requirements:
          (1) The Secretary may initially transfer the vessel 
        by lease, with lease payments suspended for the term of 
        the lease, if the country entering into the lease for 
        the vessel simultaneously enters into a foreign 
        military sales agreement for the transfer of title to 
        the vessel.
          (2) The Secretary may not deliver to the purchasing 
        country title to the vessel until the purchase price of 
        the vessel under such a foreign military sales 
        agreement is paid in full.
          (3) Upon payment of the purchase price in full under 
        such a sales agreement and delivery of title to the 
        recipient country, the Secretary shall terminate the 
        lease.
          (4) If the purchasing country fails to make full 
        payment of the purchase price in accordance with the 
        sales agreement by the date required under the sales 
        agreement--
                  (A) the sales agreement shall be immediately 
                terminated;
                  (B) the suspension of lease payments under 
                the lease shall be vacated; and
                  (C) the United States shall be entitled to 
                retain all funds received on or before the date 
                of the termination under the sales agreement, 
                up to the amount of the lease payments due and 
                payable under the lease and all other costs 
                required by the lease to be paid to that date.
          (5) If a sales agreement is terminated pursuant to 
        paragraph (4), the United States shall not be required 
        to pay any interest to the recipient country on any 
        amount paid to the United States by the recipient 
        country under the sales agreement and not retained by 
        the United States under the lease.
    (e) Requirement for Provision in Advance in an 
Appropriations Act.--Authority to transfer vessels on a sale 
basis under subsection (b) or a combined lease-sale basis under 
subsection (c) is effective only to the extent that authority 
to effectuate such transfers, together with appropriations to 
cover the associated cost (as defined in section 502 of the 
Congressional Budget of 1974 (2 U.S.C. 661a)), are provided in 
advance in an appropriations Act.
    (f ) Authorization of Appropriations for Certain Costs of 
Transfers.--There is established in the Treasury of the United 
States a special account to be known as the Defense Vessels 
Transfer Program Account. There is hereby authorized to be 
appropriated into that account such sums as may be necessary 
for the costs (as defined in section 502 of the Congressional 
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers 
authorized by subsection (c). Funds in that account are 
available only for the purpose of covering those costs.
    (g) Notification of Congress.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of the 
Navy shall submit to Congress, for each naval vessel that is to 
be transferred under this section before January 1, 1999, the 
notifications required under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) and section 525 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2413).
    (h) Grants not Counted in Annual Total of Transferred 
Excess Defense Articles.--The value of a vessel transferred to 
another country on a grant basis under section 516 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
authority provided by subsection (a) shall not be counted for 
the purposes of subsection (g) of that section in the aggregate 
value of excess defense articles transferred to countries under 
that section in any fiscal year.
    (i) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 
516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321j(e)(1)) in the case of a transfer authorized to be made on 
a grant basis under subsection (a)).
    ( j) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy 
shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is 
transferred have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that 
country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (k) Expiration of Authority.--The authority to transfer a 
vessel under this section shall expire at the end of the 2-year 
period beginning on the date of the enactment of this Act.

SEC. 1236. REPEAL OF LANDMINE MORATORIUM.

    Section 580 of the Foreign Operations Appropriations Act, 
1996 (Public Law 104-107; 110 Stat. 751), is repealed.\12\
---------------------------------------------------------------------------
    \12\ Sec. 580 of Public Law 104-107 had read as follows:
---------------------------------------------------------------------------

``moratorium on use of antipersonnel landmines
---------------------------------------------------------------------------

    ``Sec. 580. (a) United States Moratorium.--For a period of one year 
beginning three years after the date of enactment of this Act, the 
United States shall not use antipersonnel landmines except along 
internationally recognized national borders or in demilitarized zones 
within a perimeter marked area that is monitored by military personnel 
and protected by adequate means to ensure the exclusion of civilians.
    ``(b) Definition and Exemptions.--For the purposes of this section:
---------------------------------------------------------------------------

  ``(1) Antipersonnel landmine.--The term `antipersonnel landmine' means 
any munition placed under, on, or near the ground or other surface area, 
delivered by artillery, rocket, mortar, or similar means, or dropped from 
an aircraft and which is designed, constructed or adapted to be detonated 
or exploded by the presence, proximity, or contact of a person.

  ``(2) Exemptions.--The term `antipersonnel landmine' does not include 
command detonated Claymore munitions.''.

SEC. 1237.\13\ APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL 
                    EMERGENCY ECONOMIC POWERS ACT TO COMMUNIST CHINESE 
                    MILITARY COMPANIES.

    (a) Presidential Authority.--
          (1) In general.--The President may exercise IEEPA 
        authorities (other than authorities relating to 
        importation) without regard to section 202 of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701) in the case of any commercial activity in the 
        United States by a person that is on the list published 
        under subsection (b).
---------------------------------------------------------------------------
    \13\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
          (2) Penalties.--The penalties set forth in section 
        206 of the International Emergency Economic Powers Act 
        (50 U.S.C. 1705) apply to violations of any license, 
        order, or regulation issued under paragraph (1).
          (3) Ieepa authorities.--For purposes of paragraph 
        (1), the term ``IEEPA authorities'' means the 
        authorities set forth in section 203(a) of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1702(a)).
    (b) Determination and Publication of Communist Chinese 
Military Companies Operating in United States.--
          (1) Initial determination and publication.--Not later 
        than 90 days after the date of the enactment of this 
        Act, the Secretary of Defense shall make a 
        determination of those persons operating directly or 
        indirectly in the United States or any of its 
        territories and possessions that are Communist Chinese 
        military companies and shall publish a list of those 
        persons in the Federal Register.
          (2) Revisions to list.--The Secretary of Defense 
        shall make additions or deletions to the list published 
        under paragraph (1) on an ongoing basis based on the 
        latest information available.
          (3) Consultation.--The Secretary of Defense shall 
        consult with the following officers in carrying out 
        paragraphs (1) and (2):
                  (A) The Attorney General.
                  (B) The Director of Central Intelligence.
                  (C) The Director of the Federal Bureau of 
                Investigation.
          (4) Communist chinese military company.--For purposes 
        of making the determination required by paragraph (1) 
        and of carrying out paragraph (2), the term ``Communist 
        Chinese military company'' means--
                  (A) any person identified in the Defense 
                Intelligence Agency publication numbered VP-
                1920-271-90, dated September 1990, or PC-1921-
                57-95, dated October 1995, and any update of 
                those publications for the purposes of this 
                section; and
                  (B) any other person that--
                          (i) is owned or controlled by , or 
                        affiliated with,\14\ the People's 
                        Liberation Army or a ministry of the 
                        government of the People's Republic of 
                        China or that is owned or controlled by 
                        an entity affiliated with the defense 
                        industrial base of the People's 
                        Republic of China; \15\ and
---------------------------------------------------------------------------
    \14\ Sec. 1222(1) of Public Law 108-375 (118 Stat. 2089) inserted 
``, or affiliated with,'' after ``or controlled by''.
    \15\ Sec. 1222(2) of Public Law 108-375 (118 Stat. 2089) inserted 
``or a ministry of the government of the People's Republic of China or 
that is owned or controlled by an entity affiliated with the defense 
industrial base of the People's Republic of China''.
---------------------------------------------------------------------------
                          (ii) is engaged in providing 
                        commercial services, manufacturing, 
                        producing, or exporting.
    (c) People's Liberation Army.--For purposes of this 
section, the term ``People's Liberation Army'' means the land, 
naval, and air military services, the police, and the 
intelligence services of the Communist Government of the 
People's Republic of China, and any member of any such service 
or of such police.

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                           SOVIET UNION \16\

          * * * * * * *
---------------------------------------------------------------------------
    \16\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS 
                            DESTRUCTION \17\

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

   TITLE XV--MATTERS RELATING TO ARMS CONTROL, EXPORT CONTROLS, AND 
                       COUNTER-PROLIFERATION \18\

          * * * * * * *
---------------------------------------------------------------------------
    \18\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. PERMANENT EXTENSION OF FUNDING PROHIBITION RELATING TO 
                    INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

    Section 3133(a) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036) is 
amended by striking out ``for fiscal year 1998'' and inserting 
in lieu thereof ``for any fiscal year''.\19\
---------------------------------------------------------------------------
    \19\ Formerly at 42 U.S.C. 7273c. Sec. 3141(f)(2) of Public Law 
108-136 (117 Stat. 1762) redesignated sec. 3133 of Public Law 105-85 as 
sec. 4301 of Public Law 107-314, and as 50 U.S.C. 2561.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 3133. NONPROLIFERATION ACTIVITIES.

    (a) Initiatives for Proliferation Prevention.--Of the 
amount authorized to be appropriated by section 
3103(a)(1)(A)(ii), up to $20,000,000 may be used for the 
Initiatives for Proliferation Prevention program.
    (b) Nuclear Cities Initiative.--(1) Funds authorized under 
this title may not be obligated or expended for the purpose of 
implementing the Nuclear Cities Initiative until--
          (A) the Secretary of Energy submits to the 
        congressional defense committees the report described 
        in paragraph (2); and
          (B) a period of 20 legislative days has expired 
        following the date on which the report is submitted to 
        Congress.
    (2) The Secretary of Energy shall prepare a report on the 
Nuclear Cities Initiative. The report shall describe--
          (A) the objectives of the initiative;
          (B) methods and processes for the implementation of 
        the initiative;
          (C) a program timeline for the initiative with 
        milestones; and
          (D) the funding requirements for the initiative 
        through its completion.
    (3) For purposes of this section, the term ``Nuclear Cities 
Initiative'' means the initiative arising pursuant to the March 
1998 discussion between the Vice President of the United States 
and the Prime Minister of the Russian Federation and between 
the Secretary of Energy of the United States and the Minister 
of Atomic Energy of the Russian Federation.
    (4) For purposes of paragraph (1)(B), a legislative day is 
a day on which both Houses of Congress are in session.
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 3160. INTERNATIONAL COOPERATIVE INFORMATION EXCHANGE.

    (a) Findings.--Congress finds the following:
          (1) Currently in the post-cold war world, there are 
        new opportunities to facilitate international political 
        and scientific cooperation on cost-effective, advanced, 
        and innovative nuclear management technologies.
          (2) There is increasing public interest in monitoring 
        and remediation of nuclear waste.
          (3) It is in the best interest of the United States 
        to explore and develop options with the international 
        community to facilitate the exchange of evolving 
        advanced nuclear wastes technologies.
    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary of Energy, in consultation with the Secretary of 
State, the Secretary of Defense, the Administrator of the 
Environmental Protection Agency, and other officials as 
appropriate, should prepare and submit to the Committee on 
Armed Services of the Senate and the Committee on National 
Security of the House of Representatives a report containing 
the following:
          (1) An assessment of whether the United States should 
        encourage the establishment of an international project 
        to facilitate the international exchange of information 
        (including costs data) relating to nuclear waste 
        technologies, including technologies for solid and 
        liquid radioactive wastes and contaminated soils and 
        sediments.
          (2) An assessment of whether such a project could be 
        funded privately through industry, public interest, and 
        scientific organizations and administered by an 
        international nongovernmental organization, with 
        operations in the United States, Russia, and other 
        countries that have an interest in developing such 
        technologies.
          (3) A description of the Federal programs that 
        facilitate the exchange of such information and of any 
        added benefit of consolidating such programs into such 
        a project.
          (4) Recommendations for any legislation that the 
        Secretary of Energy believes would be required to 
        enable such a project to be undertaken.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION \20\

          * * * * * * *
---------------------------------------------------------------------------
    \20\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. G.
---------------------------------------------------------------------------

                  TITLE XXXVI--MARITIME ADMINISTRATION

          * * * * * * *

SEC. 3603. AUTHORITY TO CONVEY CERTAIN NATIONAL DEFENSE RESERVE FLEET 
                    VESSELS.

    (a) Authority To Convey.--The Secretary of Transportation 
may convey all right, title, and interest of the United States 
Government in and to the vessels BENJAMIN ISHERWOOD (TAO-191) 
and HENRY ECKFORD (TAO-192) to a purchaser for the limited 
purpose of reconstruction of those vessels for sale or charter 
to a North Atlantic Treaty Organization country for full use as 
an oiler.
    (b) Terms of Conveyance.--
          (1) Delivery of vessel.--In carrying out subsection 
        (a), the Secretary shall deliver the vessel--
                  (A) at the place where the vessel is located 
                on the date of the conveyance;
                  (B) in its condition on that date; and
                  (C) at no cost to the United States 
                Government.
          (2) Required conditions.--The Secretary may not 
        convey a vessel under this section unless--
                  (A) competitive procedures are used for sales 
                under this section;
                  (B) the vessel is sold for not less than the 
                fair market value of the vessel in the United 
                States, as determined by the Secretary of 
                Transportation;
                  (C) the recipient agrees that any repair, 
                except for emergency repairs, restoration, or 
                reconstruction work for the vessel will be 
                performed in the United States;
                  (D) the recipient agrees to hold the 
                Government harmless for any claims arising from 
                defects in the vessel or from exposure to 
                hazardous material, including asbestos and 
                polychlorinated biphenyls, after the conveyance 
                of the vessel, except for claims arising before 
                the date of the conveyance or from use of the 
                vessel by the Government after that date;
                  (E) the recipient provides sufficient 
                evidence to the Secretary that it has adequate 
                financial resources in the form of cash, liquid 
                assets, or a written loan commitment to 
                complete the reconstruction of the vessel; and
                  (F) with respect to the vessel, the recipient 
                remains subject to all laws and regulations 
                governing the export of military items, 
                including the requirements administered by the 
                Department of State regarding export licenses 
                and certification of nontransfer end use.
          (3) Additional terms.--The Secretary may require such 
        additional terms in connection with a conveyance 
        authorized by this section as the Secretary considers 
        appropriate.
    (c) Proceeds.--Any amounts received by the United States as 
proceeds from the sale of a vessel under this section shall be 
deposited in the Vessel Operations Revolving Fund established 
by section 801 of the Act of June 2, 1951 (65 Stat. 59; 46 
U.S.C. App. 1241a) and shall be available and expended in 
accordance with section 6(a) of the National Maritime Heritage 
Act (16 U.S.C. App. 5405(a)).
          * * * * * * *

 TITLE XXXVII--INCREASED MONITORING OF PRODUCTS MADE WITH FORCED LABOR

          * * * * * * *

SEC. 3701. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR 
                    THE IMPORTATION OF PRODUCTS MADE WITH FORCED LABOR.

    There are authorized to be appropriated for monitoring by 
the United States Customs Service of the importation into the 
United States of products made with forced labor, the 
importation of which violates section 307 of the Tariff Act of 
1930 or section 1761 of title 18, United States Code, 
$2,000,000 for fiscal year 1999.

SEC. 3702.\21\ REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED 
                    FOR THE UNITED STATES MARKET.

    (a) Report to Congress.--Not later than 1 year after the 
date of the enactment of this Act, the Commissioner of Customs 
shall prepare and transmit to the Congress a report on products 
made with forced labor that are destined for the United States 
market.
---------------------------------------------------------------------------
    \21\ 19 U.S.C. 1307 note.
---------------------------------------------------------------------------
    (b) Contents of Report.--The report under subsection (a) 
shall include information concerning the following:
          (1) The extent of the use of forced labor in 
        manufacturing products destined for the United States 
        market.
          (2) The volume of products made with forced labor, 
        destined for the United States market, that is in 
        violation of section 307 of the Tariff Act of 1930 or 
        section 1761 of title 18, United States Code, and is 
        seized by the United States Customs Service.
          (3) The progress of the United States Customs Service 
        in identifying and interdicting products made with 
        forced labor that are destined for the United States 
        market.

SEC. 3703. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.

    It is the sense of Congress that the President should 
determine whether any country with which the United States has 
a memorandum of understanding with respect to reciprocal trade 
which involves goods made with forced labor is frustrating 
implementation of the memorandum. Should an affirmative 
determination be made, the President should immediately 
commence negotiations to replace the current memorandum of 
understanding with one providing for effective procedures for 
the monitoring of forced labor, including improved procedures 
to request investigations by international monitors of 
worksites suspected to be in violation of any such memorandum.
          * * * * * * *

                   TITLE XXXIX--RADIO FREE ASIA \22\

          * * * * * * *
---------------------------------------------------------------------------
    \22\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. E.
       n. National Defense Authorization Act for Fiscal Year 1998

Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved 
   November 18, 1997; amended by Public Law 105-261 [Strom Thurmond 
 National Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 
112 Stat. 1920, approved October 17, 1998; Public Law 106-65 [National 
  Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 
  512, approved October 5, 1999; Public Law 106-398 [Floyd D. Spence 
 National Defense Authorization Act for Fiscal Year 2001; H.R. 4205], 
114 Stat. 1654, approved October 30, 2000; Public Law 108-136 [National 
 Defense Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 
                    1392, approved November 24, 2003

 AN ACT To authorize appropriations for fiscal year 1998 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Sec. 1003 of Public Law 105-261 (112 Stat. 2112) provided the following:
                         ``sec. 1003. authorization of prior emergency supplemental appropriations for fiscal year 1998.
                           ``Amounts authorized to be appropriated to the Department of Defense for fiscal year 1998 in the
                         National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) are hereby adjusted, with
                         respect to any such authorized amount, by the amount by which appropriations pursuant to such
                         authorization were increased (by a supplemental appropriation) or decreased (by a rescission), or both,
                         in the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105-174).''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1998''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services \1\ and the 
        Committee on Appropriations of the House of 
        Representatives.
---------------------------------------------------------------------------
    \1\ Sec. 1067(5) of Public Law 106-65 (113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1998 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
    * * *
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $47,130,000.
          (20) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $666,882,000.
    * * *
          (23) For Cooperative Threat Reduction programs, 
        $382,200,000.
          (24) For Overseas Contingency Operations Transfer 
        Fund, $1,253,900,000.
          * * * * * * *

                  Subtitle C--Environmental Provisions

          * * * * * * *

SEC. 345. ANNUAL REPORT ON ENVIRONMENTAL ACTIVITIES OF THE DEPARTMENT 
                    OF DEFENSE OVERSEAS.

    Section 2706 of title 10, United States Code, is amended--* 
* *

SEC. 346. REVIEW OF EXISTING ENVIRONMENTAL CONSEQUENCES OF THE PRESENCE 
                    OF THE ARMED FORCES IN BERMUDA.

    Not later than 120 days after the date of enactment of this 
Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on any remaining environmental 
effects of the presence of the Armed Forces of the United 
States in Bermuda.

SEC. 347. SENSE OF CONGRESS ON DEPLOYMENT OF UNITED STATES ARMED FORCES 
                    ABROAD FOR ENVIRONMENTAL PRESERVATION ACTIVITIES.

    (a) Sense of Congress.--It is the sense of Congress that 
members of the Army, Navy, Air Force, and Marine Corps should 
not be deployed outside the United States to provide assistance 
to another nation in connection with environmental preservation 
activities in that nation, unless the Secretary of Defense 
determines that such activities are necessary for national 
security purposes.
    (b) Scope of Section.--For purposes of this section, 
environmental preservation activities do not include any of the 
following:
          (1) Activities undertaken for humanitarian purposes, 
        disaster relief activities, peacekeeping activities, or 
        operational training activities.
          (2) Environmental compliance and restoration 
        activities associated with military installations and 
        deployments outside the United States.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN 
                    ASSISTANCE.

    (a) Establishment and Operation of Center.--(1) Chapter 7 
of title 10, United States Code, is amended by adding at the 
end the following new section: * * * \2\
---------------------------------------------------------------------------
    \2\ See 10 U.S.C. 182.
---------------------------------------------------------------------------
    (b) Funding for Fiscal Year 1998.--Of the funds authorized 
to be appropriated pursuant to section 301(5) for operation and 
maintenance for Defense-wide activities, $5,000,000 shall be 
available for the operation of the Center for Excellence in 
Disaster Management and Humanitarian Assistance established 
under section 182 of title 10, United States Code, as added by 
subsection (a).
          * * * * * * *

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

          * * * * * * *

SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL 
                    CONTINGENCIES. * * * \3\
---------------------------------------------------------------------------

    \3\ See 10 U.S.C. 691.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                    FOR FISCAL YEAR 1997.

    Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 1997 in the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201) are 
hereby adjusted, with respect to any such authorized amount, by 
the amount by which appropriations pursuant to such 
authorization were increased (by a supplemental appropriation) 
or decreased (by a rescission), or both, in the 1997 Emergency 
Supplemental Appropriations Act for Recovery from Natural 
Disasters, and for Overseas Peacekeeping Efforts, Including 
Those in Bosnia (Public Law 105-18).
          * * * * * * *

SEC. 1025. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) Authority.--The Secretary of the Navy is authorized to 
transfer vessels to foreign countries on a sales basis under 
section 21 of the Arms Export Control Act (22 U.S.C. 2761) as 
follows:
          (1) To the Government of Brazil, the HUNLEY class 
        submarine tender HOLLAND (AS 32).
          (2) To the Government of Chile, the KAISER class 
        oiler ISHERWOOD (T-AO 191).
          (3) To the Government of Egypt:
                  (A) The following frigates of the KNOX class:
                          (i) The PAUL (FF 1080).
                          (ii) The MILLER (FF 1091).
                          (iii) The JESSE L. BROWN (FFT 1089).
                          (iv) The MOINESTER (FFT 1097).
                  (B) The following frigates of the OLIVER 
                HAZARD PERRY class:
                          (i) The FAHRION (FFG 22).
                          (ii) The LEWIS B. PULLER (FFG 23).
          (4) To the Government of Israel, the NEWPORT class 
        tank landing ship PEORIA (LST 1183).
          (5) To the Government of Malaysia, the NEWPORT class 
        tank landing ship BARBOUR COUNTY (LST 1195).
          (6) To the Government of Mexico, the KNOX class 
        frigate ROARK (FF 1053).
          (7) To the Taipei Economic and Cultural 
        Representative Office in the United States (the Taiwan 
        instrumentality that is designated pursuant to section 
        10(a) of the Taiwan Relations Act), the following 
        frigates of the KNOX class:
                  (A) The WHIPPLE (FF 1062).
                  (B) The DOWNES (FF 1070).
          (8) To the Government of Thailand, the NEWPORT class 
        tank landing ship SCHENECTADY (LST 1185).
    (b) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by subsection 
(a) shall be charged to the recipient.
    (c) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy 
shall require, as a condition of the transfer of a vessel under 
this section, that the country to which the vessel is 
transferred have such repair or refurbishment of the vessel as 
is needed, before the vessel joins the naval forces of that 
country, performed at a shipyard located in the United States, 
including a United States Navy shipyard.
    (d) Expiration of Authority.--The authority to transfer a 
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
          * * * * * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1031. USE OF NATIONAL GUARD FOR STATE DRUG INTERDICTION AND 
                    COUNTER-DRUG ACTIVITIES. * * * \4\

SEC. 1032. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF MEXICO.

    (a) Extension of Authority; Consultation of Secretary of 
State.--Subsection (a) of section 1031 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2637), is amended--* * *
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    \4\ Sec. 1031 amended 32 U.S.C. 112.
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    (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''.
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    (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.
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    \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.
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    (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.
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          (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.
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          (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.
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          (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''.
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    (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\
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    \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''.
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    (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
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    \16\ Sec. 1021(e)(2) of Public Law 108-136 (117 Stat. 1594) struck 
out ``riverine'' at this point.
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          (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.
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    \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''.
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    (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.
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    (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.
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          (1) that the continued presence of United States 
        ground combat forces, after June 30, 1998, in the 
        Republic of Bosnia and Herzegovina is required in order 
        to meet the national security interests of the United 
        States; and
          (2) that after June 30, 1998, it will remain United 
        States policy that United States ground forces will not 
        serve as, or be used as, civil police in the Republic 
        of Bosnia and Herzegovina.
    (b) Report.--The President shall submit with the 
certification under subsection (a) a report that includes the 
following:
          (1) The reasons why that presence is in the national 
        security interest of the United States.
          (2) The number of United States military personnel to 
        be deployed in and around the Republic of Bosnia and 
        Herzegovina and other areas of the former Yugoslavia 
        after that date.
          (3) The expected duration of any such deployment.
          (4) The mission and objectives of the United States 
        Armed Forces to be deployed in and around the Republic 
        of Bosnia and Herzegovina and other areas of the former 
        Yugoslavia after June 30, 1998.
          (5) The exit strategy of such forces.
          (6) The incremental costs associated with any such 
        deployment.
          (7) The effect of such deployment on the morale, 
        retention, and effectiveness of United States armed 
        forces.
          (8) A description of the forces from other nations 
        involved in a follow-on mission, shown on a nation-by-
        nation basis.
          (9) A description of the command and control 
        arrangement established for United States forces 
        involved in a follow-on mission.
          (10) An assessment of the expected threats to United 
        States forces involved in a follow-on mission.
          (11) The plan for rotating units and personnel to and 
        from the Republic of Bosnia and Herzegovina during a 
        follow-on mission, including the level of participation 
        by reserve component units and personnel.
          (12) The mission statement and operational goals of 
        the United States forces involved in a follow-on 
        mission.
    (c) Request for Supplemental Appropriations.--The President 
shall transmit to Congress with a certification under 
subsection (a) a supplemental appropriations request for the 
Department of Defense for such amounts as are necessary for the 
costs of any continued deployment beyond June 30, 1998.
    (d) Construction With President's Constitutional 
Authority.--Nothing in this section shall be deemed to restrict 
the authority of the President under the Constitution to 
protect the lives of United States citizens.
    (e) Construction With Appropriations Provision.--The 
provisions of this section are enacted, and shall be applied, 
as supplemental to (and not in lieu of) the provisions of 
section 8132 of the Department of Defense Appropriations Act, 
1998 (Public Law 105-56).

SEC. 1204. SECRETARY OF DEFENSE REPORTS ON TASKS CARRIED OUT BY UNITED 
                    STATES FORCES.

    (a) Requirement for Two Reports.--The Secretary of Defense 
shall submit to the congressional defense committees--
          (1) not later than December 15, 1997, a report 
        identifying each activity being carried out, as of 
        December 1, 1997, by covered United States forces in 
        the Republic of Bosnia and Herzegovina; and
          (2) not later than April 15, 1998, a report 
        identifying each activity being carried out, as of 
        April 1, 1998, by covered United States forces in the 
        Republic of Bosnia and Herzegovina.
    (b) Covered United States Forces.--For purposes of this 
section, covered United States forces in the Republic of Bosnia 
and Herzegovina are United States ground forces in the Republic 
of Bosnia and Herzegovina that are assigned to the 
multinational peacekeeping force known as the Stabilization 
Force (SFOR) or any other multinational peacekeeping force that 
is the successor to the SFOR.
    (c) Matters To Be Included.--The Secretary shall include in 
each report under subsection (a), for each activity identified 
under that subsection, the following:
          (1) The number of United States military personnel 
        involved in the performance of that activity.
          (2) Whether forces assigned to the SFOR (or successor 
        multinational peacekeeping force) from other nations 
        also participated in that activity.
          (3) The justification for using military forces 
        rather than civilian organizations to perform that 
        activity.
          (4) In the case of activities that (as determined by 
        the Secretary) are considered to be supporting tasks, 
        as that term is used in paragraph 3 of Article VI of 
        Annex 1-A to the General Framework Agreement for Peace 
        in Bosnia and Herzegovina, the justification for using 
        military forces.
          (5) The likelihood that each such activity will have 
        to be carried out by United States military forces 
        after June 30, 1998.

SEC. 1205. PRESIDENTIAL REPORT ON SITUATION IN REPUBLIC OF BOSNIA AND 
                    HERZEGOVINA.

    (a) Requirement.--Not later than February 1, 1998, the 
President shall submit to Congress a report on the political 
and military conditions in the Republic of Bosnia and 
Herzegovina. The report shall be submitted in both classified 
and unclassified form.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include a discussion of the following:
          (1) An assessment of the progress made in 
        implementing the civil, economic, and political aspects 
        of the Dayton Peace Agreement.
          (2) An identification of the specific steps taken to 
        transfer the United States portion of the peacekeeping 
        mission in the Republic of Bosnia and Herzegovina to 
        forces of the member-states of the Western European 
        Union or to a NATO-led force without the participation 
        of United States ground combat forces in the Republic 
        of Bosnia and Herzegovina.
          (3) A detailed discussion of the proposed role and 
        involvement of the United States in supporting 
        peacekeeping activities in the Republic of Bosnia and 
        Herzegovina following the withdrawal of United States 
        ground combat forces from the Republic of Bosnia and 
        Herzegovina.
          (4) A detailed explanation and timetable for carrying 
        out the commitment to withdraw all United States ground 
        forces from the Republic of Bosnia and Herzegovina by 
        June 30, 1998, including the planned date of 
        commencement and completion of the withdrawal.
          (5) The military and political considerations that 
        will affect the decision to carry out such a 
        transition.
          (6) Any plan to maintain or expand other Bosnia-
        related operations (such as the operations designated 
        as Operation Deliberate Guard) if tensions in the 
        Republic of Bosnia and Herzegovina remain sufficient to 
        delay reductions of United States military forces 
        participating in the Stabilization Force and the 
        estimated cost associated with each such operation.

SEC. 1206.\28\ DEFINITIONS.

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

     Subtitle B--Export Controls on High Performance Computers \29\

SEC. 1211.\30\ EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.

    (a) Prior Approval of Exports and Reexports.--The President 
shall require that no digital computer with a composite 
theoretical performance level of more than 2,000 millions of 
theoretical operations per second (MTOPS) or with such other 
composite theoretical performance level as may be established 
subsequently by the President under subsection (d), may be 
exported or reexported without a license to a country specified 
in subsection (b) if the Secretary of Commerce, the Secretary 
of Defense, the Secretary of Energy, the Secretary of State, or 
the Director of the Arms Control and Disarmament Agency 
objects, in writing, to such export or reexport. Any person 
proposing to export or reexport such a digital computer shall 
so notify the Secretary of Commerce, who, within 24 hours after 
receiving the notification, shall transmit the notification to 
the Secretary of Defense, the Secretary of Energy, the 
Secretary of State, and the Director of the Arms Control and 
Disarmament Agency.
---------------------------------------------------------------------------
    \29\ 50 U.S.C. app. 2404 note.
    \30\ In Public Notice 2747 of February 6, 1998 (63 F.R. 10055), the 
Secretary of State delegated her authority under this section to the 
Under Secretary of State for Arms Control and International Security 
Affairs.
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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).
---------------------------------------------------------------------------

SEC. 1212.\32\ REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.

    (a) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall provide to the 
congressional committees specified in section 1215 a report 
identifying all exports of digital computers with a composite 
theoretical performance of more than 2,000 millions of 
theoretical operations per second (MTOPS) to all countries 
since January 25, 1996. For each export, the report shall 
identify--
---------------------------------------------------------------------------
    \32\ The President delegated the authority in this section to the 
Secretary of Commerce in a memorandum of December 19, 1997 (62 F.R. 
67547).
---------------------------------------------------------------------------
          (1) whether an export license was applied for and 
        whether one was granted;
          (2) the date of the transfer of the computer;
          (3) the United States manufacturer and exporter of 
        the computer;
          (4) the MTOPS level of the computer; and
          (5) the recipient country and end user.
    (b) Additional Information on Exports to Certain 
Countries.--In the case of exports to countries specified in 
subsection (c), the report under subsection (a) shall identify 
the intended end use for the exported computer and the 
assessment by the executive branch of whether the end user is a 
military end user or an end user involved in activities 
relating to nuclear, chemical, or biological weapons or missile 
technology. Information provided under this subsection may be 
submitted in classified form if necessary.
    (c) Covered Countries.--For purposes of subsection (b), the 
countries specified in this subsection are--
          (1) the countries listed as ``Computer Tier 3'' 
        eligible countries in section 740.7(d) of title 15 of 
        the Code of Federal Regulations, as in effect on June 
        10, 1997; and
          (2) the countries listed in section 740.7(e) of title 
        15 of the Code of Federal Regulations, as in effect on 
        June 10, 1997.

SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH PERFORMANCE 
                    COMPUTERS.

    (a) Required Post-Shipment Verification.--The Secretary of 
Commerce shall conduct post-shipment verification of each 
digital computer with a composite theoretical performance of 
more than 2,000 millions of theoretical operations per second 
(MTOPS) that is exported from the United States, on or after 
the date of the enactment of this Act, to a country specified 
in subsection (b).
    (b) Covered Countries.--For purposes of subsection (a), the 
countries specified in this subsection are the countries listed 
as ``Computer Tier 3'' eligible countries in section 740.7 of 
title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997, subject to modification by the President under 
section 1211(e).
    (c) Annual Report.--The Secretary of Commerce shall submit 
to the congressional committees specified in section 1215 an 
annual report on the results of post-shipment verifications 
conducted under this section during the preceding year. Each 
such report shall include a list of all such items exported 
from the United States to such countries during the previous 
year and, with respect to each such export, the following:
          (1) The destination country.
          (2) The date of export.
          (3) The intended end use and intended end user.
          (4) The results of the post-shipment verification.
    (d) Explanation When Verification Not Conducted.--If a 
post-shipment verification has not been conducted in accordance 
with subsection (a) with respect to any such export during the 
period covered by a report, the Secretary shall include in the 
report for that period a detailed explanation of the reasons 
why such a post-shipment verification was not conducted.
    (e) \33\ Adjustment of Performance Levels.--Whenever a new 
composite theoretical performance level is established under 
section 1211(d), that level shall apply for purposes of 
subsection (a) of this section in lieu of the level set forth 
in subsection (a).
---------------------------------------------------------------------------
    \33\ Sec. 1407(c) of Public Law 106-65 (113 Stat. 801) added 
subsec. (e).
---------------------------------------------------------------------------

SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION 
                    ASSISTANCE.

    (a) In General.--The Comptroller General of the United 
States shall submit to the congressional committees specified 
in section 1215 a study of the national security risks relating 
to the sale of computers with a composite theoretical 
performance of between 2,000 and 7,000 millions of theoretical 
operations per second (MTOPS) to end users in countries 
specified in subsection (c). The study shall also analyze any 
foreign availability of computers described in the preceding 
sentence and the impact of such sales on United States 
exporters.
    (b) End User Information Assistance to Exporters.--The 
Secretary of Commerce shall establish a procedure by which 
exporters may seek information on questionable end users in 
countries specified in subsection (c) who are seeking to obtain 
computers described in subsection (a).
    (c) Covered Countries.--For purposes of subsections (a) and 
(b), the countries specified in this subsection are the 
countries listed as ``Computer Tier 3'' eligible countries in 
section 740.7(d) of title 15 of the Code of Federal 
Regulations, as in effect on June 10, 1997.

SEC. 1215. CONGRESSIONAL COMMITTEES.

    For purposes of sections 1211(d), 1212(a), 1213(c), and 
1214(a) the congressional committees specified in those 
sections are the following:
          (1) The Committee on Banking, Housing, and Urban 
        Affairs and the Committee on Armed Services of the 
        Senate.
          (2) The Committee on International Relations and the 
        Committee on Armed Services \34\ of the House of 
        Representatives.
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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:
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) For any nation in which United States military 
        personnel are assigned to permanent duty ashore, 
        increase its financial contributions to the payment of 
        the nonpersonnel costs incurred by the United States 
        Government for stationing United States military 
        personnel in that nation, with a goal of achieving by 
        September 30, 2000, 75 percent of such costs. An 
        increase in financial contributions by any nation under 
        this paragraph may include the elimination of taxes, 
        fees, or other charges levied on United States military 
        personnel, equipment, or facilities stationed in that 
        nation.
          (2) Increase its annual budgetary outlays for 
        national defense as a percentage of its gross domestic 
        product by 10 percent or at least to a level 
        commensurate to that of the United States by September 
        30, 1999.\36\
---------------------------------------------------------------------------
    \36\ Sec. 1233(a)(1) of Public Law 105-261 (112 Stat. 2156) struck 
out ``September 30, 1998'' and inserted in lieu thereof ``September 30, 
1999''.
---------------------------------------------------------------------------
          (3) Increase its annual budgetary outlays for foreign 
        assistance (to promote democratization, governmental 
        accountability and transparency, economic stabilization 
        and development, defense economic conversion, respect 
        for the rule of law and internationally recognized 
        human rights, and humanitarian relief efforts) \37\ by 
        10 percent or to provide such foreign assistance at an 
        annual rate that is not less than one percent of its 
        gross domestic product, by September 30, 1999.\38\
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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\
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \42\ Sec. 1233(b)(1) of Public Law 105-261 (112 Stat. 2156) struck 
out ``March 1, 1998'' and inserted in lieu thereof ``March 1, 1999''.
---------------------------------------------------------------------------
          (1) steps taken by other nations to complete the 
        actions described in subsection (a);
          (2) all measures taken by the President, including 
        those authorized in subsection (b), to achieve the 
        actions described in subsection (a);
          (3) the difference between the amount allocated by 
        other nations for each of the actions described in 
        subsection (a) during the period beginning on October 
        1, 1996, and ending on September 30, 1997, and during 
        the period beginning on October 1, 1997, and ending on 
        September 30, 1998, or, in the case of any nation for 
        which the data for such periods is inadequate, the 
        difference between the amounts for the latest periods 
        for which adequate data is available; \43\ and
---------------------------------------------------------------------------
    \43\ Sec. 1233(b)(2) of Public Law 105-261 (112 Stat. 2156) struck 
out ``March 1, 1996, and ending on February 28, 1997, and during the 
period beginning on March 1, 1997, and ending on February 28, 1998;'' 
and inserted in lieu thereof ``October 1, 1996, and ending on September 
30, 1997, and during the period beginning on October 1, 1997, and 
ending on September 30, 1998, or, in the case of any nation for which 
the data for such periods is inadequate, the difference between the 
amounts for the latest periods for which adequate data is available;''.
---------------------------------------------------------------------------
          (4) the budgetary savings to the United States that 
        are expected to accrue as a result of the steps 
        described under paragraph (1).
    (d) Report on National Security Bases for Forward 
Deployment and Burdensharing Relationships.--(1) In order to 
ensure the best allocation of budgetary resources, the 
President shall undertake a review of the status of elements of 
the United States Armed Forces that are permanently stationed 
outside the United States. The review shall include an 
assessment of the following:
          (A) The alliance requirements that are to be found in 
        agreements between the United States and other 
        countries.
          (B) The national security interests that support 
        permanently stationing elements of the United States 
        Armed Forces outside the United States.
          (C) The stationing costs associated with the forward 
        deployment of elements of the United States Armed 
        Forces.
          (D) The alternatives available to forward deployment 
        (such as material prepositioning, enhanced airlift and 
        sealift, or joint training operations) to meet such 
        alliance requirements or national security interests, 
        with such alternatives identified and described in 
        detail.
          (E) The costs and force structure configurations 
        associated with such alternatives to forward 
        deployment.
          (F) The financial contributions that allies of the 
        United States make to common defense efforts (to 
        promote democratization, economic stabilization, 
        transparency arrangements, defense economic conversion, 
        respect for the rule of law, and internationally 
        recognized human rights).
          (G) The contributions that allies of the United 
        States make to meeting the stationing costs associated 
        with the forward deployment of elements of the United 
        States Armed Forces.
          (H) The annual expenditures of the United States and 
        its allies on national defense, and the relative 
        percentages of each nation's gross domestic product 
        constituted by those expenditures.
    (2) The President shall submit to Congress a report on the 
review under paragraph (1). The report shall be submitted not 
later than March 1, 1999,\44\ in classified and unclassified 
form.
---------------------------------------------------------------------------
    \44\ Sec. 1233(c) of Public Law 105-261 (112 Stat. 2156) struck out 
``March 1, 1998'' and inserted in lieu thereof ``March 1, 1999''.
---------------------------------------------------------------------------

SEC. 1222. TEMPORARY USE OF GENERAL PURPOSE VEHICLES AND NONLETHAL 
                    MILITARY EQUIPMENT UNDER ACQUISITION AND CROSS 
                    SERVICING AGREEMENTS.

    Section 2350(1) of title 10, United States Code,\45\ is 
amended by striking out ``other items'' in the second sentence 
and all that follows through ``United States Munitions List'' 
and inserting in lieu thereof ``other nonlethal items of 
military equipment which are not designated as significant 
military equipment on the United States Munitions List 
promulgated''.
---------------------------------------------------------------------------
    \45\ See 10 U.S.C. 2350.
---------------------------------------------------------------------------

SEC. 1223. SENSE OF CONGRESS AND REPORTS REGARDING FINANCIAL COSTS OF 
                    ENLARGEMENT OF THE NORTH ATLANTIC TREATY 
                    ORGANIZATION.

    (a) Findings.--Congress finds the following:
          (1) In a report to Congress in February 1997 on the 
        rationale, benefits, costs, and implications of North 
        Atlantic Treaty Organization enlargement the Secretary 
        of Defense estimated that the financial cost to the 
        United States of such enlargement will be modest, 
        totaling between $2,000,000,000 and $2,600,000,000 for 
        the period from 1997 through 2009.
          (2) A study by the RAND Corporation published in 1996 
        calculated that the total financial cost to the United 
        States of such enlargement will be between 
        $5,000,000,000 and $6,000,000,000 over the same period.
          (3) A March 1996 report by the Congressional Budget 
        Office on the financial costs of enlarging the North 
        Atlantic Treaty Organization alliance estimated the 
        United States share of alliance enlargement costs to be 
        between $4,800,000,000 and $18,900,000,000 through 
        2010, depending upon political developments in Europe.
          (4) An August 1997 report by the General Accounting 
        Office \46\ reviewing the financial cost estimates of 
        the Secretary of Defense concluded that North Atlantic 
        Treaty Organization enlargement could entail additional 
        costs beyond those included in the Secretary's estimate 
        and questioned the validity of the Secretary's estimate 
        due to the lack of supporting cost documentation and 
        the inclusion of cost elements not related to NATO 
        enlargement.
---------------------------------------------------------------------------
    \46\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
          (5) The North Atlantic Alliance is scheduled to 
        complete its analysis of the military requirements for 
        the integration of Poland, the Czech Republic, and 
        Hungary into the Alliance in December 1997.
          (6) The North Atlantic Alliance is also scheduled to 
        complete in December 1997 its financial cost estimate 
        of the military requirements related to the integration 
        of those nations.
    (b) Sense of Congress.--It is the sense of Congress that 
the analysis of the North Atlantic Alliance of the military 
requirements relating to NATO enlargement and of the financial 
costs to the Alliance of NATO enlargement will be one of the 
major factors in the consideration by the Senate of the 
ratification of instruments to approve the admission of new 
member nations to the Alliance and by Congress for the 
authorization and appropriation of the funding for the costs 
associated with such enlargement.
    (c) Report Assessing NATO Cost Analysis.--Not later than 
March 31, 1998, the Secretary of Defense shall submit to 
Congress a report providing--
          (1) an assessment of the analysis by the North 
        Atlantic Alliance of the military requirements related 
        to NATO enlargement and of the estimate of the 
        financial costs to the NATO Alliance for the 
        integration of Poland, the Czech Republic, and Hungary 
        into the Alliance;
          (2) a description of the analytical means used to 
        determine such requirements and costs; and
          (3) a general assessment of the additional military 
        requirements and costs that would result from a 
        significantly increased threat.
    (d) Report on Department of Defense Costs.--(1) The 
Secretary of Defense shall submit to Congress, in conjunction 
with the submission of the President's budget for fiscal year 
1999, a report on Department of Defense costs for NATO 
enlargement. The report shall include a detailed estimate of 
such costs for fiscal year 1998 that identifies all 
appropriations, by budget activity, for the military 
departments and other elements of the Department of Defense to 
support NATO enlargement.
    (2) The Secretary of Defense shall include in the budget 
justification materials submitted to Congress by the Secretary 
in support of the budget of Department of Defense for fiscal 
year 1999 complete and detailed descriptions and estimates of 
the amounts provided in that budget for the costs of NATO 
enlargement.

SEC. 1224. SENSE OF CONGRESS REGARDING ENLARGEMENT OF THE NORTH 
                    ATLANTIC TREATY ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
          (1) The North Atlantic Treaty Organization (NATO) met 
        on July 8 and 9, 1997, in Madrid, Spain, and issued 
        invitations to the Czech Republic, Hungary, and Poland 
        to begin accession talks to join NATO.
          (2) Congress has expressed its support for the 
        process of NATO enlargement by approving the NATO 
        Enlargement Facilitation Act of 1996 (title VI of the 
        matter enacted in section 101(c) of division A of 
        Public Law 104-208; 22 U.S.C. 1928 note).
          (3) The United States has supported the position that 
        the process of enlarging NATO will continue after the 
        first round of invitations in July 1997.
          (4) Romania and Slovenia are to be commended for 
        their progress toward political and economic reform and 
        appear to be striving to meet the guidelines for 
        prospective membership in NATO.
          (5) In furthering the purpose and objective of NATO 
        in promoting stability and well-being in the North 
        Atlantic area, NATO should invite Romania and Slovenia 
        to accession negotiations to become NATO members as 
        expeditiously as possible upon the satisfaction of all 
        relevant membership criteria and consistent with NATO 
        security objectives.
    (b) Sense of Congress.--It is the sense of Congress that 
North Atlantic Treaty Organization should be commended--
          (1) for having committed to review the process of 
        enlarging the Organization in 1999; and
          (2) for singling out the positive developments toward 
        democracy and rule of law in Romania and Slovenia.

SEC. 1225. SENSE OF CONGRESS RELATING TO LEVEL OF UNITED STATES 
                    MILITARY PERSONNEL IN THE EAST ASIA AND PACIFIC 
                    REGION.

    (a) Findings.--Congress finds the following:
          (1) The stability of the Asia-Pacific region is a 
        matter of vital national interest affecting the well-
        being of all Americans.
          (2) The nations of the Pacific Rim collectively 
        represent the United States largest trading partner and 
        are expected to account for almost one-third of the 
        world's economic activity by the start of the next 
        century.
          (3) The increased reliance by the United States on 
        trade and Middle East oil sources has reinforced United 
        States security interests in the Southeast Asia 
        shipping lanes through the South China Sea and the key 
        straits of Malacca, Sunda, Lombok, and Makassar.
          (4) The South China Sea is an important area for 
        United States Navy ships passing from the Pacific to 
        the Indian Ocean and the Persian Gulf.
          (5) Maintaining freedom of navigation in the South 
        China Sea is an important interest of the United 
        States.
          (6) The threats of proliferation of weapons of mass 
        destruction, the emerging nationalism amidst long-
        standing ethnic and national rivalries, and the 
        unresolved territorial disputes combine to create a 
        political landscape of potential instability and 
        conflict in this region that could jeopardize the 
        interests of the United States and the safety of United 
        States nationals.
          (7) A critical component of the East Asia strategy of 
        the United States is maintaining forward deployed 
        forces in Asia to ensure broad regional stability, to 
        help to deter aggression, to lessen the pressure for 
        arms races, and to contribute to the political and 
        economic advances of the region from which the United 
        States benefits.
          (8) The forward presence of the United States in 
        Northeast Asia enables the United States to respond to 
        regional contingencies, to protect sea lines of 
        communication, to sustain influence, and to support 
        operations as distant as operations in the Persian 
        Gulf.
          (9) The military forces of the United States serve to 
        prevent the political or economic control of the Asia-
        Pacific region by a rival, hostile power or coalition 
        of such powers, thus preventing any such group from 
        obtaining control over the vast resources, enormous 
        wealth, and advanced technology of the region.
          (10) Allies of the United States in the region can 
        base their defense planning on a reliable American 
        security commitment, a reduction of which could 
        stimulate an arms buildup in the region.
          (11) The Joint Announcement of the United States-
        Japan Security Consultative Committee of December 1996, 
        acknowledged that ``the forward presence of U.S. forces 
        continues to be an essential element for pursuing our 
        common security objectives''.
          (12) The United States and Japan signed the United 
        States-Japan Security Declaration in April 1996, in 
        which the United States reaffirmed its commitment to 
        maintain this level of 100,000 United States military 
        personnel in the region.
          (13) The United States military presence is 
        recognized by the nations of the region as serving 
        stability and enabling United States engagement.
          (14) The nations of East Asia and the Pacific 
        consider the commitment of the forces of the United 
        States to be so vital to their future that they 
        scrutinize actions of the United States for any sign of 
        weakened commitment to the security of the region.
          (15) The reduction of forward-based military forces 
        could negatively affect the ability of the United 
        States to contribute to the maintenance of peace and 
        stability of the Asia and Pacific region.
          (16) Recognizing that while the United States must 
        consider the overall capabilities of its forces in its 
        decisions to deploy troops, nevertheless any reduction 
        in the number of forward-based troops may reduce the 
        perception of American capability and commitment in the 
        region that cannot be completely offset by 
        modernization of the remaining forces.
          (17) During time of crisis, deployment of forces to 
        East Asia, even though such forces were previously 
        removed from the area, might be deemed to be an act of 
        provocation that could be used as a pretext by a 
        hostile power for armed aggression within the region, 
        and the existence of that possibility might hinder such 
        a deployment.
          (18) Proposals to reduce the forward presence of the 
        United States in the East Asia region or subordinate 
        security interests to United States domestic budgetary 
        concerns can erode the perception of the commitment of 
        the United States to its alliances and interests in the 
        region.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States should maintain at least approximately 
100,000 United States military personnel in the East Asia and 
Pacific region until such time as there is a peaceful and 
permanent resolution to the major security and political 
conflicts in the region.

SEC. 1226. REPORT ON FUTURE MILITARY CAPABILITIES AND STRATEGY OF THE 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Report.--The Secretary of Defense shall prepare a 
report, in both classified and unclassified form, on the 
pattern of military modernization of the People's Republic of 
China. The report shall address the probable course of 
military-technological development in the People's Liberation 
Army and the development of Chinese security strategy and 
military strategy, and of military organizations and 
operational concepts, through 2015.
    (b) Matters To Be Included.--The report shall include 
analyses and forecasts of the following:
          (1) The goals of Chinese security strategy and 
        military strategy.
          (2) Trends in Chinese strategy regarding the 
        political goals of the People's Republic of China in 
        the Asia-Pacific region and its political and military 
        presence in other regions of the world, including 
        Central Asia, Southwest Asia, Europe, and Latin 
        America.
          (3) Developments in Chinese military doctrine, 
        focusing on (but not limited to) efforts to exploit an 
        emerging Revolution in Military Affairs or to conduct 
        preemptive strikes.
          (4) Efforts by the People's Republic of China to 
        enhance its capabilities in the area of nuclear weapons 
        development.
          (5) Efforts by the People's Republic of China to 
        develop long-range air-to-air or air defense missiles 
        that would provide the capability to target special 
        support aircraft such as Airborne Warning and Control 
        System (AWACS) aircraft, Joint Surveillance and Target 
        Attack Radar System (JSTARS) aircraft, or other command 
        and control, intelligence, airborne early warning, or 
        electronic warfare aircraft.
          (6) Efforts by the People's Republic of China to 
        develop a capability to conduct ``information warfare'' 
        at the strategic, operational, and tactical levels of 
        war.
          (7) Development by the People's Republic of China of 
        capabilities in the area of electronic warfare.
          (8) Efforts by the People's Republic of China to 
        develop a capability to establish control of space or 
        to deny access and use of military and commercial space 
        systems in times of crisis or war, including programs 
        to place weapons in space or to develop earth-based 
        weapons capable of attacking space-based systems.
          (9) Trends that would lead the People's Republic of 
        China toward the development of advanced intelligence, 
        surveillance, and reconnaissance capabilities, 
        including gaining access to commercial or third-party 
        systems with military significance.
          (10) Efforts by the People's Republic of China to 
        develop highly accurate and stealthy ballistic and 
        cruise missiles, including sea-launched cruise 
        missiles, particularly in numbers sufficient to conduct 
        attacks capable of overwhelming projected defense 
        capabilities in the Asia-Pacific region.
          (11) Development by the People's Republic of China of 
        command and control networks, particularly those 
        capable of battle management of long-range precision 
        strikes.
          (12) Efforts by the People's Republic of China in the 
        area of telecommunications, including common channel 
        signaling and synchronous digital hierarchy 
        technologies.
          (13) Development by People's Republic of China of 
        advanced aerospace technologies with military 
        applications (including gas turbine ``hot section'' 
        technologies).
          (14) Programs of the People's Republic of China 
        involving unmanned aerial vehicles, particularly those 
        with extended ranges or loitering times or potential 
        strike capabilities.
          (15) Exploitation by the People's Republic of China 
        for military purposes of the Global Positioning System 
        or other similar systems (including commercial land 
        surveillance satellites), with such analysis and 
        forecasts focusing particularly on indications of an 
        attempt to increase the accuracy of weapons or 
        situational awareness of operating forces.
          (16) Development by the People's Republic of China of 
        capabilities for denial of sea control, including such 
        systems as advanced sea mines, improved submarine 
        capabilities, or land-based sea-denial systems.
          (17) Efforts by the People's Republic of China to 
        develop its anti-submarine warfare capabilities.
          (18) Continued development by the People's Republic 
        of China of follow-on forces, particularly forces 
        capable of rapid air or amphibious assault.
          (19) Efforts by the People's Republic of China to 
        enhance its capabilities in such additional areas of 
        strategic concern as the Secretary identifies.
    (c) Analysis of Implications of Sales of Products and 
Technologies to Entities in China.--The report under subsection 
(a) shall include, with respect to each area for analyses and 
forecasts specified in subsection (b)--
          (1) an assessment of the military effects of sales of 
        United States and foreign products and technologies to 
        entities in the People's Republic of China; and
          (2) the potential threat of developments related to 
        such effects to United States strategic interests.
    (d) Submission of Report.--The report shall be submitted to 
Congress not later than March 15, 1998.

SEC. 1227. SENSE OF CONGRESS ON NEED FOR RUSSIAN OPENNESS ON THE 
                    YAMANTAU MOUNTAIN PROJECT.

    (a) Findings.--Congress finds as follows:
          (1) The United States and Russia have been working 
        since the end of the Cold War to achieve a strategic 
        relationship based on cooperation and openness between 
        the two nations.
          (2) This effort to establish a new strategic 
        relationship between the two nations has resulted in 
        the conclusion or agreement in principle on a number of 
        far-reaching agreements, including START I, II, and 
        III, a revision in the Conventional Forces in Europe 
        Treaty, and a series of other agreements (such as the 
        Comprehensive Test Ban Treaty and the Chemical Weapons 
        Convention), designed to further reduce bilateral 
        threats and limit the proliferation of weapons of mass 
        destruction.
          (3) These far-reaching agreements were based on the 
        understanding between the United States and Russia that 
        there would be a good faith effort on both sides to 
        comply with the letter and spirit of the agreements.
          (4) Reports indicate that Russia has been pursuing 
        construction of a massive underground facility of 
        unknown purpose at Yamantau Mountain and the city of 
        Mezhgorye (formerly the settlements of Beloretsk-15 and 
        Beloretsk-16) that is designed to survive a nuclear war 
        and appears to exceed reasonable defense requirements.
          (5) The Yamantau Mountain project does not appear to 
        be consistent with the lowering of strategic threats, 
        openness, and cooperation that is the basis of the 
        post-Cold War strategic partnership between the United 
        States and Russia.
          (6) The United States has allowed senior Russian 
        military and government officials to have access to key 
        strategic facilities of the United States by providing 
        tours of the North American Air Defense (NORAD) command 
        at Cheyenne Mountain and the United States Strategic 
        Command (STRATCOM) headquarters in Omaha, Nebraska, 
        among other sites, and by providing extensive briefings 
        on the operations of those facilities.
    (b) Sense of Congress.--It is the sense of Congress that 
the Russian government--
          (1) should provide to the United States Government a 
        written explanation with sufficient detail (including 
        drawings and diagrams) of the purpose and operational 
        concept of the completed and planned facilities at 
        Yamantau Mountain to support a high confidence judgment 
        by the United States that the design of the Yamantau 
        facility is consistent with official Russian government 
        explanations; and
          (2) should allow a United States delegation, to 
        include officials of the executive branch and Members 
        of Congress, to have access to the Yamantau Mountain 
        project and buildings and facilities surrounding the 
        project.

SEC. 1228. ASSESSMENT OF THE CUBAN THREAT TO UNITED STATES NATIONAL 
                    SECURITY.

    (a) Findings.--Congress makes the following findings:
          (1) Cuba has maintained a hostile policy in its 
        relations with the United States for over 35 years.
          (2) The United States, as a sovereign nation, must be 
        able to respond to any Cuban provocation and defend the 
        people and territory of the United States against any 
        attack.
          (3) In 1994, the Government of Cuba callously 
        encouraged a massive exodus of Cubans, by boat and 
        raft, toward the United States during which countless 
        numbers of those Cubans lost their lives on the high 
        seas.
          (4) The humanitarian response of the United States to 
        rescue, shelter, and provide emergency care to those 
        Cubans, together with the actions taken to absorb some 
        30,000 of those Cubans into the United States, required 
        significant efforts and the expenditure of hundreds of 
        millions of dollars for the costs incurred by the 
        United States and State and local governments in 
        connection with those efforts.
          (5) On February 24, 1996, Cuban MiG aircraft attacked 
        and destroyed, in international airspace, two unarmed 
        civilian aircraft flying from the United States, and 
        the four persons in those unarmed civilian aircraft 
        were killed.
          (6) Since that attack, the Cuban government has 
        issued no apology for the attack, nor has it indicated 
        any intention to conform its conduct to international 
        law that is applicable to civilian aircraft operating 
        in international airspace.
    (b) Review and Assessment.--The Secretary of Defense shall 
carry out a comprehensive review and assessment of--
          (1) Cuban military capabilities; and
          (2) the threats to the national security of the 
        United States that may be posed by Cuba, including--
                  (A) such unconventional threats as (i) 
                encouragement of massive and dangerous 
                migration, and (ii) attacks on citizens and 
                residents of the United States while they are 
                engaged in peaceful protest in international 
                waters or airspace;
                  (B) the potential for development and 
                delivery of chemical or biological weapons; and
                  (C) the potential for internal strife in Cuba 
                that could involve citizens or residents of the 
                United States or the Armed Forces of the United 
                States.
    (c) Report.--Not later than March 31, 1998, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report on the review and assessment. The 
report shall include the following:
          (1) The Secretary's assessment of the capabilities 
        and threats referred to in subsection (b), including 
        each of the threats described in paragraph (2) of that 
        subsection.
          (2) A discussion of the results of the review and 
        assessment, including an assessment of the contingency 
        plans developed by the Secretary to counter any threat 
        posed by Cuba to the United States.
    (d) Consultation on Review and Assessment.--In performing 
the review and assessment and in preparing the report, the 
Secretary of Defense shall consult with the Chairman of the 
Joint Chiefs of Staff, the commander of the United States 
Southern Command, and the heads of other appropriate 
departments and agencies of the United States.

SEC. 1229. REPORT ON HELSINKI JOINT STATEMENT.

    (a) Requirement.--Not later than March 31, 1998, the 
President shall submit to the Committee on Armed Services of 
the Senate and the Committee on National Security of the House 
of Representatives a report on the Helsinki Joint Statement on 
future reductions in nuclear forces. The report shall address 
the United States approach (including verification 
implications) to implementing the Helsinki Joint Statement, in 
particular, as that Statement relates to the following:
          (1) Lower aggregate levels of strategic nuclear 
        warheads.
          (2) Measures relating to the transparency of 
        strategic nuclear warhead inventories and the 
        destruction of strategic nuclear warheads.
          (3) Deactivation of strategic nuclear delivery 
        vehicles.
          (4) Measures relating to nuclear long-range sea-
        launched cruise missiles and tactical nuclear systems.
          (5) Issues related to transparency in nuclear 
        materials.
    (b) Definition.--For purposes of this section, the term 
``Helsinki Joint Statement'' means the agreements between the 
President of the United States and the President of the Russian 
Federation as contained in the Joint Statement on Parameters on 
Future Reductions in Nuclear Forces issued at Helsinki in March 
1997.

SEC. 1230. COMMENDATION OF MEXICO ON FREE AND FAIR ELECTIONS.

    (a) Findings.--Congress makes the following findings:
          (1) On July 6, 1997, elections were conducted in 
        Mexico in order to fill 500 seats in the Chamber of 
        Deputies, 32 seats in the 128 seat Senate, the office 
        of the Mayor of Mexico City, and local elections in a 
        number of Mexican States.
          (2) For the first time, the federal elections were 
        organized by the Federal Electoral Institute, an 
        autonomous and independent organization established 
        under the Mexican Constitution.
          (3) More than 52,000,000 Mexican citizens registered 
        to vote.
          (4) Eight political parties registered to participate 
        in those elections, including the Institutional 
        Revolutionary Party (PRI), the National Action Party 
        (PAN), and the Democratic Revolutionary Party (PRD).
          (5) Since 1993, Mexican citizens have had the 
        exclusive right to participate as observers in 
        activities related to the preparation and the conduct 
        of elections.
          (6) Since 1994, Mexican law has permitted 
        international observers to be a part of the election 
        process.
          (7) With 84 percent of the ballots counted, PRI 
        candidates received 38 percent of the vote for seats in 
        the Chamber of Deputies, while PRD and PAN candidates 
        received 52 percent of the combined vote.
          (8) PRD candidate Cuauhtemoc Cardenas Solorzano has 
        become the first elected Mayor of Mexico City, a post 
        previously appointed by the President.
          (9) PAN members will now serve as governors in seven 
        of Mexico's 31 States.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the recent elections in Mexico were conducted in 
        a free, fair, and impartial manner;
          (2) the will of the Mexican people, as expressed 
        through the ballot box, has been respected by President 
        Ernesto Zedillo and officials throughout his 
        administration; and
          (3) President Zedillo, the Mexican Government, the 
        Federal Electoral Institute of Mexico, the political 
        parties and candidates, and most importantly the 
        citizens of Mexico should all be congratulated for 
        their support and participation in these very historic 
        elections.

SEC. 1231. SENSE OF CONGRESS REGARDING CAMBODIA.

    (a) Findings.--Congress makes the following findings:
          (1) During the 1970s and 1980s, Cambodia was wracked 
        by political conflict, war, and violence, including 
        genocide perpetrated by the Khmer Rouge from 1975 to 
        1979.
          (2) The 1991 Paris Agreements on a Comprehensive 
        Political Settlement of the Cambodia Conflict set the 
        stage for a process of political accommodation and 
        national reconciliation among Cambodia's warring 
        parties.
          (3) The international community engaged in a massive 
        effort involving more than $2,000,000,000 to ensure 
        peace, democracy, and prosperity in Cambodia following 
        the Paris Accords.
          (4) The Cambodian people clearly demonstrated their 
        support for democracy when 90 percent of eligible 
        Cambodian voters participated in United Nations-
        sponsored elections in 1993.
          (5) Since the 1993 elections, Cambodia has made 
        economic progress, as shown by the recent decision of 
        the Association of Southeast Asian Nations (ASEAN) to 
        extend membership in the Association to Cambodia.
          (6) Tensions within the ruling Cambodian coalition 
        have erupted into violence.
          (7) In March 1997, 19 Cambodians were killed and more 
        than 100 were wounded in a grenade attack on political 
        demonstrators supportive of the Funcinpec and the Khmer 
        Nation Party.
          (8) During June 1997, fighting erupted in Phnom Penh 
        between forces loyal to First Prime Minister Prince 
        Ranariddh and Second Prime Minister Hun Sen.
          (9) On July 5, 1997, Second Prime Minister Hun Sen 
        deposed the First Prime Minister in a violent coup 
        d'etat.
          (10) Forces loyal to Hun Sen have executed former 
        Interior Minister Ho Sok and approximately 40 other 
        political opponents loyal to Prince Ranariddh.
          (11) Democracy and stability in Cambodia are 
        threatened by the continued use of violence and other 
        extralegal means to resolve political tensions.
          (12) In response to the July 1997 coup in Cambodia 
        referred to in paragraph (9)--
                  (A) the President has suspended all direct 
                assistance to the Cambodian Government; and
                  (B) the Association of Southeast Asian 
                Nations (ASEAN) has decided to delay 
                indefinitely admission of Cambodia to 
                membership in the Association.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the parties in Cambodia should immediately cease 
        the use of violence;
          (2) the United States should take all necessary steps 
        to ensure the safety of United States citizens in 
        Cambodia;
          (3) the United States should call an emergency 
        meeting of the United Nations Security Council to 
        consider all options to restore peace and democratic 
        governance in Cambodia;
          (4) the United States and the Association of 
        Southeast Asian Nations should work together to take 
        immediate steps to restore democracy and the rule of 
        law in Cambodia;
          (5) United States assistance to the Government of 
        Cambodia should remain suspended until violence ends, 
        the democratically elected Government is restored to 
        power, and the necessary steps have been taken to 
        ensure that the elections scheduled for 1998 take 
        place; and
          (6) the United States should take all necessary steps 
        to encourage other donor nations to suspend assistance 
        as part of a multilateral effort.

SEC. 1232. CONGRATULATING GOVERNOR CHRISTOPHER PATTEN OF HONG KONG.

    (a) Findings.--Congress makes the following findings:
          (1) His Excellency Christopher F. Patten, the former 
        Governor of Hong Kong, was the twenty-eighth and last 
        British Governor of the dependent territory of Hong 
        Kong before that territory reverted back to the 
        People's Republic of China on July 1, 1997.
          (2) Christopher Patten was a superb administrator and 
        an inspiration to the people whom he governed.
          (3) During Christopher Patten's five years as 
        Governor of Hong Kong, the economy flourished under his 
        stewardship, growing by more than 30 percent in real 
        terms.
          (4) Christopher Patten presided over a capable and 
        honest civil service.
          (5) During the tenure of Christopher Patten as 
        Governor of Hong Kong, common crime declined and the 
        political climate was positive and stable.
          (6) The legacy of Christopher Patten to Hong Kong is 
        the expansion of democracy in Hong Kong's legislative 
        council and a tireless devotion to the rights, 
        freedoms, and welfare of the people of Hong Kong.
          (7) Christopher Patten fulfilled the commitment of 
        the British Government to ``put in place a solidly 
        based democratic administration'' in Hong Kong before 
        July 1, 1997.
    (b) Sense of Congress.--It is the sense of the Congress 
that Christopher F. Patten, the last British Governor of the 
dependent territory of Hong Kong--
          (1) served his country with great honor and 
        distinction in that capacity; and
          (2) deserves special thanks and recognition from the 
        United States for his tireless efforts to develop and 
        nurture democracy in Hong Kong.

           TITLE XIII--ARMS CONTROL AND RELATED MATTERS \47\

          * * * * * * *
---------------------------------------------------------------------------
    \47\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION \48\

          * * * * * * *
---------------------------------------------------------------------------
    \48\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

          * * * * * * *
---------------------------------------------------------------------------
    \49\ Formerly at 42 U.S.C. 7273c, relating to international 
cooperative stockpile stewardship. Redesignated as 50 U.S.C. 2561, as 
sec. 4301 of Public Law 107-314, by sec. 3141(f)(2) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 
Stat. 1762).
---------------------------------------------------------------------------

SEC. 3133.\49\ * * * [REDESIGNATED--2003]

          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *
---------------------------------------------------------------------------
    \50\ Formerly at 42 U.S.C. 2121 note. Repealed by sec. 3157 of 
Public Law 105-261 (112 Stat. 2257). Section formerly stated 
congressional findings and policy relating to the stockpile stewardship 
program.
---------------------------------------------------------------------------

SEC. 3156.\50\ STOCKPILE STEWARDSHIP PROGRAM. * * * [REPEALED--1998]

SEC. 3157.\51\ REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN 
                    FOREIGN NATIONS.

    (a) Reports.--The Secretary of Energy shall require that 
any company that is a participant in the Accelerated Strategic 
Computing Initiative (ASCI) program of the Department of Energy 
report to the Secretary and to the Secretary of Defense each 
sale by that company to a country designated as a Tier III 
country of a computer capable of operating at a speed in excess 
of 2,000 millions theoretical operations per second (MTOPS). 
The report shall include a description of the following with 
respect to each such sale:
---------------------------------------------------------------------------
    \51\ 50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------
          (1) The anticipated end-use of the computer sold.
          (2) The software included with the computer.
          (3) Any arrangement under the terms of the sale 
        regarding--
                  (A) upgrading the computer;
                  (B) servicing the computer; or
                  (C) furnishing spare parts for the computer.
    (b) Covered Countries.--For purposes of this section, the 
countries designated as Tier III countries are the countries 
listed as ``computer tier 3'' eligible countries in part 740.7 
of title 15 of the Code of Federal Regulations, as in effect on 
June 10, 1997 (or any successor list).
    (c) Quarterly Submission of Reports.--The Secretary of 
Energy shall require that reports under subsection (a) be 
submitted quarterly.
    (d) Annual Report.--The Secretary of Energy shall submit to 
Congress an annual report containing all information received 
under subsection (a) during the preceding year. The first 
annual report shall be submitted not later than July 1, 1998.
          * * * * * * *

SEC. 3163. MODIFICATION OF AUTHORITY ON COMMISSION ON MAINTAINING 
                    UNITED STATES NUCLEAR WEAPONS EXPERTISE.

    (a) Commencement of Activities.--Subsection (b)(1) of 
section 3162 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2844; 42 U.S.C. 
2121 note) is amended, effective January 1, 1998--* * *
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION \52\

          * * * * * * *
---------------------------------------------------------------------------
    \52\ Amendments to the Panama Canal Act have been incorporated into 
that Act; see Legislation on Foreign Relations Through 2005, vol. II, 
sec. G.
       o. National Defense Authorization Act for Fiscal Year 1997

    Partial text of Public Law 104-201 [H.R. 3230], 110 Stat. 2422, 
  approved September 23, 1996; amended by Public Law 105-85 [National 
 Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 
 1629, approved November 18, 1997; Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
    approved October 5, 1999; Public Law 108-136 [National Defense 
  Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, 
   approved November 24, 2003; Public Law 109-163 [National Defense 
  Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, 
                        approved January 6, 2006

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1997''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services \1\ and the 
        Committee on Appropriations of the House of 
        Representatives.
---------------------------------------------------------------------------
    \1\ Sec. 1067(4) of Public Law 106-65 (113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

    Subtitle B--Program Requirements, Restrictions, and Limitations

          * * * * * * *

SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO PREVENT 
                    ILLEGAL IMPORTATION OF NUCLEAR, BIOLOGICAL, AND 
                    CHEMICAL WEAPONS.

    Not later than 15 days after the date of the enactment of 
this Act, the President shall submit to Congress a 
certification in writing stating specifically whether or not 
the United States has the capability (as of the date of the 
certification) to prevent the illegal importation of nuclear, 
biological, and chemical weapons into the United States and its 
possessions.
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 268. DESALTING TECHNOLOGIES.

    (a) Findings.--Congress makes the following findings:
          (1) Access to scarce fresh water is likely to be a 
        cause of future military conflicts in the Middle East 
        and has a direct impact on stability and security in 
        the region.
          (2) The Middle East is an area of vital and strategic 
        importance to the United States.
          (3) The United States has played a military role in 
        the Middle East, most recently in the Persian Gulf War, 
        and may likely be called upon again to deter aggression 
        in the region.
          (4) United States troops have used desalting 
        technologies to guarantee the availability of fresh 
        water in past deployments in the Middle East.
          (5) Adequate, efficient, and cheap access to high-
        quality fresh water will be vital to maintaining the 
        readiness and sustainability of troops of both the 
        United States and its allies.
    (b) Sense of Congress.--It is the sense of Congress that, 
as improved access to fresh water will be an important factor 
in helping prevent future conflicts in the Middle East, the 
United States should, in cooperation with its allies, promote 
and invest in technologies to reduce the costs of converting 
saline water into fresh water.
    (c) Funding for Research and Development.--Of the amounts 
authorized to be appropriated by this title, the Secretary 
shall place greater emphasis on making funds available for 
research and development into efficient and economical 
processes and methods for converting saline water into fresh 
water.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1997 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          * * *
          (18) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $54,544,000.
          (19) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $796,524,000.
          * * *
          (22) For Cooperative Threat Reduction programs, 
        $364,900,000.
          * * *
          * * * * * * *

SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM 
                    ACTIVITIES.

    Of the amount authorized to be appropriated pursuant to 
section 301 for operation and maintenance, $14,000,000 shall be 
available to the Secretary of Defense for activities designed 
to meet the antiterrorism responsibilities of the Department of 
Defense, including activities related to intelligence support, 
physical security measures, and education and training 
regarding antiterrorism. The amount made available by this 
section is in addition to amounts otherwise made available by 
this Act for antiterrorism activities.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1031.\2\ AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                    ACTIVITIES OF MEXICO.

    (a) Authority To Provide Additional Support.--Subject to 
subsection (e), during fiscal years 1997 and 1998,\3\ the 
Secretary of Defense may provide the Government of Mexico with 
the support described in subsection (b) for the counter-drug 
activities of the Government of Mexico. In providing support to 
the Government of Mexico under this section, the Secretary of 
Defense shall consult with the Secretary of State.\4\ The 
support provided under the authority of this subsection shall 
be in addition to support provided to the Government of Mexico 
under any other provision of law.
---------------------------------------------------------------------------
    \2\ See also sec. 1033 of Public Law 105-85 (111 Stat. 1881).
    \3\ Sec. 1032(a)(1) of Public Law 105-85 (111 Stat. 1881) struck 
out ``fiscal year 1997'' and inserted in lieu thereof ``fiscal years 
1997 and 1998''.
    \4\ Sec. 1032(a)(2) of Public Law 105-85 (111 Stat. 1881) added 
``In providing support to the Government of Mexico under this section, 
the Secretary of Defense shall consult with the Secretary of State.''.
---------------------------------------------------------------------------
    (b) Types of Support.--The authority under subsection (a) 
is limited to the provision of the following types of support:
          (1) The transfer of nonlethal protective and utility 
        personnel equipment.
          (2) The transfer of the following nonlethal 
        specialized equipment:
                  (A) Navigation equipment.
                  (B) Secure and nonsecure communications 
                equipment.
                  (C) Photo equipment.
                  (D) Radar equipment.
                  (E) Night vision systems.
                  (F) Repair equipment and parts for equipment 
                referred to in subparagraphs (A), (B), (C), 
                (D), and (E).
          (3) The transfer of nonlethal components, 
        accessories, attachments, parts (including ground 
        support equipment), firmware, and software for aircraft 
        or patrol boats, and related repair equipment.
          (4) The maintenance and repair of equipment of the 
        Government of Mexico that is used for counter-drug 
        activities.
    (c) Applicability of Other Support Authorities.--Except as 
otherwise provided in this section, the provisions of section 
1004 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101-510; 10 U.S.C. 374 note) shall apply to 
the provision of support under this section.
    (d) Funding.--Of the amount authorized to be appropriated 
under section 301(19) for drug interdiction and counter-drug 
activities, an amount not to exceed \5\ $8,000,000 shall be 
available for the provision of support under this section. 
Funds made available for fiscal year 1997 under this subsection 
and unobligated by September 30, 1997, may be obligated during 
fiscal year 1998. No funds are authorized to be appropriated 
for fiscal year 1998 for the provision of support under this 
section.\6\
---------------------------------------------------------------------------
    \5\ Sec. 1032(b)(1) of Public Law 105-85 (111 Stat. 1881) struck 
out ``not more than'' and inserted in lieu thereof ``an amount not to 
exceed''.
    \6\ Sec. 1032(b)(2) of Public Law 105-85 (111 Stat. 1881) added 
``Funds made available for fiscal year 1997 under this subsection and 
unobligated by September 30, 1997, may be obligated during fiscal year 
1998. No funds are authorized to be appropriated for fiscal year 1998 
for the provision of support under this section.''.
---------------------------------------------------------------------------
    (e) Limitations.--(1) The Secretary may not obligate or 
expend funds to provide support under this section until 15 
days after the date on which the Secretary submits to the 
committees referred to in paragraph (3) the certification 
described in paragraph (2).
    (2) The certification referred to in paragraph (1) is a 
written certification of the following:
          (A) That the provision of support under this section 
        will not adversely affect the military preparedness of 
        the United States Armed Forces.
          (B) That the equipment and materiel provided as 
        support will be used only by officials and employees of 
        the Government of Mexico who have undergone a 
        background check by that government.
          (C) That the Government of Mexico has certified to 
        the Secretary that--
                  (i) the equipment and material provided as 
                support will be used only by the officials and 
                employees referred to in subparagraph (B);
                  (ii) none of the equipment or materiel will 
                be transferred (by sale, gift, or otherwise) to 
                any person or entity not authorized by the 
                United States to receive the equipment or 
                materiel; and
                  (iii) the equipment and materiel will be used 
                only for the purposes intended by the United 
                States Government.
          (D) That the Government of Mexico has implemented, to 
        the satisfaction of the Secretary, a system that will 
        provide an accounting and inventory of the equipment 
        and materiel provided as support.
          (E) That the departments, agencies, and 
        instrumentalities of the Government of Mexico will 
        grant United States Government personnel access to any 
        of the equipment or materiel provided as support, or to 
        any of the records relating to such equipment or 
        materiel, under terms and conditions similar to the 
        terms and conditions imposed with respect to such 
        access under section 505(a)(3) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
          (F) That the Government of Mexico will provide 
        security with respect to the equipment and materiel 
        provided as support that is substantially the same 
        degree of security that the United States Government 
        would provide with respect to such equipment and 
        materiel.
          (G) That the Government of Mexico will permit 
        continuous observation and review by United States 
        Government personnel of the use of the equipment and 
        materiel provided as support under terms and conditions 
        similar to the terms and conditions imposed with 
        respect to such observation and review under section 
        505(a)(3) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2314(a)(3)).
    (3) The committees referred to in this paragraph are the 
following:
          (A) The Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
          (B) The Committee on National Security and the 
        Committee on International Relations of the House of 
        Representatives.

SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDICTION AND 
                    COUNTER-DRUG ACTIVITIES.

    (a) P-3B Aircraft.--Of the funds authorized to be 
appropriated under section 301(19) for drug interdiction and 
counter-drug activities, not more than $98,000,000 may be used 
for the purpose of procuring or modifying two P-3B aircraft for 
use by departments and agencies of the United States outside 
the Department of Defense for drug interdiction and counter-
drug activities. However, funds may not be obligated for such 
purpose until the Secretary of Defense submits to the 
congressional defense committees a certification that the 
procurement or modification of such aircraft and the use of 
such aircraft by other departments or agencies of the United 
States will significantly reduce the level of support that 
would otherwise be required of E-3 AWACS aircraft as part of 
the drug interdiction and counter-drug mission of the 
Department of Defense.
    (b) Nonintrusive Inspection Devices.--Of the funds 
authorized to be appropriated under section 301(19) for drug 
interdiction and counter-drug activities, not more than 
$10,000,000 may be used to procure three nonintrusive 
inspection devices for use by departments and agencies of the 
United States outside the Department of Defense for drug 
interdiction and counter-drug activities.
    (c) Authority To Transfer Equipment.--The Secretary of 
Defense may transfer to the head of any department or agency of 
the United States outside the Department of Defense any 
equipment procured or modified under this section with funds 
referred to in this section.

SEC. 1033.\7\ TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW 
                    ENFORCEMENT ACTIVITIES.

    (a) Transfer Authority.--(1) Chapter 153 of title 10, 
United States Code, is amended by inserting after section 2576 
the following new section: * * *
---------------------------------------------------------------------------
    \7\ Sec. 1033 added a new sec. 2576a to 10 U.S.C., relating to the 
sale or donation of excess DOD personal property to state and other 
Federal law enforcement agencies for counter-drug and counter-terrorism 
activities.
---------------------------------------------------------------------------
          * * * * * * *

                    Subtitle D--Reports and Studies

SEC. 1041.\8\ ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND OPERATION 
                    ENHANCED SOUTHERN WATCH.

    (a) Annual Report.--Not later than March 1 of each year, 
the Secretary of Defense shall submit to Congress a report on 
Operation Provide Comfort and Operation Enhanced Southern 
Watch.
---------------------------------------------------------------------------
    \8\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (b) Matters Relating to Operation Provide Comfort.--Each 
report under subsection (a) shall include, with respect to 
Operation Provide Comfort, the following:
          (1) A detailed presentation of the projected costs to 
        be incurred by the Department of Defense for that 
        operation during the fiscal year in which the report is 
        submitted and projected for the following fiscal year, 
        together with a discussion of missions and functions 
        expected to be performed by the Department as part of 
        that operation during each of those fiscal years.
          (2) A detailed presentation of the projected costs to 
        be incurred by other departments and agencies of the 
        Federal Government participating in or providing 
        support to that operation during each of those fiscal 
        years.
          (3) A discussion of options being pursued to reduce 
        the involvement of the Department of Defense in those 
        aspects of that operation that are not directly related 
        to the military mission of the Department of Defense.
          (4) A discussion of the exit strategy for United 
        States involvement in, and support for, that operation.
          (5) A description of alternative approaches to 
        accomplishing the mission of that operation that are 
        designed to limit the scope and cost to the Department 
        of Defense of accomplishing that mission while 
        maintaining mission success.
          (6) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting that 
        operation.
          (7) A detailed presentation of significant Iraqi 
        military activity (including specific violations of the 
        no-fly zone) determined to jeopardize the security of 
        the Kurdish population in northern Iraq.
    (c) Matters Relating to Operation Enhanced Southern 
Watch.--Each report under subsection (a) shall include, with 
respect to Operation Enhanced Southern Watch, the following:
          (1) The expected duration and annual costs of the 
        various elements of that operation.
          (2) The political and military objectives associated 
        with that operation.
          (3) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting that 
        operation.
          (4) A description of alternative approaches to 
        accomplishing the mission of that operation that are 
        designed to limit the scope and cost of accomplishing 
        that mission while maintaining mission success.
          (5) A comprehensive discussion of the political and 
        military objectives and initiatives that the Department 
        of Defense has pursued, and intends to pursue, in order 
        to reduce United States involvement in that operation.
          (6) A detailed presentation of significant Iraqi 
        military activity (including specific violations of the 
        no-fly zone) determined to jeopardize the security of 
        the Shiite population by air attack in southern Iraq or 
        to jeopardize the security of Kuwait.
    (d) Termination of Report Requirement.--The requirement 
under subsection (a) shall cease to apply with respect to an 
operation named in that subsection upon the termination of 
United States involvement in that operation.
    (e) Definitions.--For purposes of this section:
          (1) Operation enhanced southern watch.--The term 
        ``Operation Enhanced Southern Watch'' means the 
        operation of the Department of Defense that as of 
        October 30, 1995, is designated as Operation Enhanced 
        Southern Watch.
          (2) Operation provide comfort.--The term ``Operation 
        Provide Comfort'' means the operation of the Department 
        of Defense that as of October 30, 1995, is designated 
        as Operation Provide Comfort.

SEC. 1042.\9\ * * * [REPEALED--1999]
---------------------------------------------------------------------------

    \9\ Formerly at 10 U.S.C. 113 note. Sec. 241 of Public Law 106-65 
(113 Stat. 549) amended 10 U.S.C. by adding a new sec. 486, which 
requires a quadrennial report on emerging operational concepts, and 
repealed sec. 1042 of this Act, which had required a similar report on 
an annual basis.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION AGREEMENTS.

    (a) Quarterly Reports on Coproduction Agreements.--Section 
36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is 
amended--* * * \10\
---------------------------------------------------------------------------
    \10\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1048. REPORT ON NATO ENLARGEMENT.

    (a) Report.--Not later than February 1, 1997, the President 
shall transmit to the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate and the Committee 
on National Security and the Committee on International 
Relations of the House of Representatives a report on the 
enlargement of the North Atlantic Treaty Organization. The 
report shall contain a comprehensive discussion of the 
following:
          (1) Geopolitical and financial costs and benefits, 
        including financial savings, associated with--
                  (A) enlargement of the North Atlantic Treaty 
                Organization;
                  (B) further delays in the process of 
                enlargement of the North Atlantic Treaty 
                Organization; and
                  (C) a failure to enlarge the North Atlantic 
                Treaty Organization.
          (2) Additional North Atlantic Treaty Organization and 
        United States military expenditures requested by 
        prospective members of the North Atlantic Treaty 
        Organization to facilitate their admission into the 
        North Atlantic Treaty Organization.
          (3) Modifications necessary in the military strategy 
        of the North Atlantic Treaty Organization and force 
        structure required by the inclusion of new members and 
        steps necessary to integrate new members, including the 
        role of nuclear and conventional capabilities, 
        reinforcement, force deployments, prepositioning of 
        equipment, mobility, and headquarter locations.
          (4) The relationship between enlargement of the North 
        Atlantic Treaty Organization and transatlantic 
        stability and security.
          (5) The state of military preparedness and 
        interoperability of Central and Eastern European 
        nations as it relates to the responsibilities of 
        membership of the North Atlantic Treaty Organization 
        and additional security costs or benefits that may 
        accrue to the United States from enlargement of the 
        North Atlantic Treaty Organization.
          (6) The state of democracy and free market 
        development as it affects the preparedness of Central 
        and Eastern European nations for the responsibilities 
        of membership of the North Atlantic Treaty 
        Organization, including civilian control of the 
        military, the rule of law, human rights, and 
        parliamentary oversight.
          (7) The state of relations between prospective 
        members of the North Atlantic Treaty Organization and 
        their neighbors, steps taken by prospective members to 
        reduce tensions, and mechanisms for the peaceful 
        resolution of border disputes.
          (8) The commitment of prospective members of the 
        North Atlantic Treaty Organization to the principles of 
        the North Atlantic Treaty and the security of the North 
        Atlantic area.
          (9) The effect of enlargement of the North Atlantic 
        Treaty Organization on the political, economic, and 
        security conditions of European Partnership for Peace 
        nations not among the first new members of the North 
        Atlantic Treaty Organization.
          (10) The relationship between enlargement of the 
        North Atlantic Treaty Organization and EU enlargement 
        and the costs and benefits of both.
          (11) The relationship between enlargement of the 
        North Atlantic Treaty Organization and treaties 
        relevant to United States and European security, such 
        as the Conventional Armed Forces in Europe Treaty.
          (12) The anticipated impact both of enlargement of 
        the North Atlantic Treaty Organization and further 
        delays of enlargement on Russian foreign and defense 
        policies and the costs and benefits of a security 
        relationship between the North Atlantic Treaty 
        Organization and Russia.
    (b) Interpretation.--Nothing in this section shall be 
interpreted or construed to affect the implementation of the 
NATO Participation Act of 1994 (title II of Public Law 103-447; 
22 U.S.C. 1928 note), or any other program or activity which 
facilitates or assists prospective members of the North 
Atlantic Treaty Organization.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN GOVERNMENTS AND 
                    INTERNATIONAL ORGANIZATIONS FOR DEFENSE PURPOSES.

    Section 2608(a) of title 10, United States Code, is amended 
by inserting before the period at the end the following: * * *

SEC. 1064.\11\ PROHIBITION ON COLLECTION AND RELEASE OF DETAILED 
                    SATELLITE IMAGERY RELATING TO ISRAEL.

    (a) Collection and Dissemination.--A department or agency 
of the United States may issue a license for the collection or 
dissemination by a non-Federal entity of satellite imagery with 
respect to Israel only if such imagery is no more detailed or 
precise than satellite imagery of Israel that is available from 
commercial sources.
---------------------------------------------------------------------------
    \11\ 15 U.S.C. 5621 note.
---------------------------------------------------------------------------
    (b) Declassification and Release.--A department or agency 
of the United States may declassify or otherwise release 
satellite imagery with respect to Israel only if such imagery 
is no more detailed or precise than satellite imagery of Israel 
that is available from commercial sources.

SEC. 1065.\12\ GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC 
                    SECURITY STUDIES.

    (a) \13\ Marshall Center Participation By Foreign 
Nations.--Notwithstanding any other provision of law, the 
Secretary of Defense may authorize participation by a European 
or Eurasian nation in Marshall Center programs if the Secretary 
determines, after consultation with the Secretary of State, 
that such participation is in the national interest of the 
United States.
---------------------------------------------------------------------------
    \12\ 10 U.S.C. 113 note. Sec. 903(c)(2) of Public Law 109-163 (119 
Stat. 3399) struck out subsec. (a) and redesignated subsecs. (b) and 
(c) as subsecs. (a) and (b), respectively. Sec. 903(a)(1) of that Act 
added a new sec. 2611 to title 10 U.S.C., relating to regional centers 
for security studies and acceptance of gifts and donations, including 
the George C. Marshall European Center for Security Studies.
    \13\ Sec. 1031(f)(2) of Public Law 108-136 (117 Stat. 1604) struck 
out para. designation ``(1)'' before ``Notwithstanding'', and struck 
out para. (2), which required an annual report of the Secretary of 
Defense listing the names foreign nations permitted to participate in 
programs of the Marshall Center during the preceding year.
---------------------------------------------------------------------------
    (b) Exemptions for Members of Marshall Center Board of 
Visitors From Certain Requirements.--(1) In the case of any 
person invited to serve without compensation on the Marshall 
Center Board of Visitors, the Secretary of Defense may waive 
any requirement for financial disclosure that would otherwise 
apply to that person solely by reason of service on such Board.
    (2) Notwithstanding any other provision of law, a member of 
the Marshall Center Board of Visitors may not be required to 
register as an agent of a foreign government solely by reason 
of service as a member of the Board.
    (3) Notwithstanding section 219 of title 18, United States 
Code, a non-United States citizen may serve on the Marshall 
Center Board of Visitors even though registered as a foreign 
agent.
          * * * * * * *

SEC. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE AGREEMENT 
                    BETWEEN UNITED STATES AND JAPAN.

    (a) Findings.--Congress makes the following findings:
          (1) The United States and Japan share a long and 
        important bilateral relationship which serves as an 
        anchor of peace and stability in the Asia Pacific 
        region, an alliance which was reaffirmed at the recent 
        summit meeting between President Clinton and Prime 
        Minister Hashimoto in Tokyo.
          (2) The Japanese economy has experienced difficulty 
        over the past few years, demonstrating that it is no 
        longer possible for Japan, the world's second largest 
        economy, to use exports as the sole engine of economic 
        growth, but that the Government of Japan must promote 
        deregulation of its domestic economy in order to 
        increase economic growth.
          (3) Deregulation of the Japanese economy requires 
        government attention to the removal of barriers to 
        imports of manufactured goods.
          (4) The United States-Japan Semiconductor Trade 
        Agreement has begun the process of deregulation in the 
        semiconductor sector and is opening the Japanese market 
        to competitive foreign products.
          (5) The United States-Japan Semiconductor Trade 
        Agreement has put in place both government-to-
        government and industry-to-industry mechanisms which 
        have played a vital role in allowing cooperation to 
        replace conflict in this important high technology 
        sector.
          (6) The mechanisms include joint calculation of 
        foreign market share, deterrence of dumping, and 
        promotion of industrial cooperation in the design of 
        foreign semiconductor devices.
          (7) Because of these actions under the United States-
        Japan Semiconductor Trade Agreement, the United States 
        and Japan today enjoy trade in semiconductors which is 
        mutually beneficial, harmonious, and free from the 
        friction that once characterized the semiconductor 
        industry.
          (8) Because of structural barriers in Japan, a gap 
        still remains between the share of the world market for 
        semiconductor products outside Japan that the United 
        States and other foreign semiconductor sources are able 
        to capture through competitiveness and the share of the 
        Japanese semiconductor market that the United States 
        and those other sources are able to capture through 
        competitiveness, and that gap is consistent across the 
        full range of semiconductor products as well as a full 
        range of end-use applications.
          (9) The competitiveness and health of the United 
        States semiconductor industry is of critical importance 
        to the overall economic well-being and high-technology 
        defense capabilities of the United States.
          (10) The economic interests of both the United States 
        and Japan are best served by well functioning, open 
        markets, deterrence of dumping, and continuing good 
        cooperative relationships in all sectors, including 
        semiconductors.
          (11) A strong and healthy military and political 
        alliance between the United States and Japan requires 
        continuation of the industrial and economic cooperation 
        promoted by the United States-Japan Semiconductor Trade 
        Agreement.
          (12) President Clinton has called on the Government 
        of Japan to agree to a continuation of the United 
        States-Japan Semiconductor Trade Agreement beyond the 
        current agreement's expiration on July 31, 1996.
          (13) The Government of Japan has opposed any 
        continuation of the United States-Japan Semiconductor 
        Trade Agreement to promote cooperation in United 
        States-Japan semiconductor trade.
    (b) Sense of Congress.--On the basis of the findings 
contained in subsection (a), it is the sense of Congress that--
          (1) it is regrettable that the Government of Japan 
        has refused to consider continuation of the United 
        States-Japan Semiconductor Trade Agreement to ensure 
        that cooperation continues in the semiconductor sector 
        beyond the expiration of the agreement on July 31, 
        1996; and
          (2) the President should take all necessary and 
        appropriate actions to ensure the resumption and 
        extension of the United States-Japan Semiconductor 
        Trade Agreement beyond July 31, 1996.
    (c) Definition.--For purposes of this section, the term 
``United States-Japan Semiconductor Trade Agreement'' refers to 
the agreement between the United States and Japan concerning 
trade in semiconductor products, with arrangement, done by 
exchange of letters at Washington on June 11, 1991.

SEC. 1082.\14\ AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL BETWEEN THE 
                    UNITED STATES AND FOREIGN COUNTRIES.

    (a) Authority To Enter Into International Exchange 
Agreements.--(1) The Secretary of Defense may enter into 
international defense personnel exchange agreements.
---------------------------------------------------------------------------
    \14\ 10 U.S.C. 168 note.
---------------------------------------------------------------------------
    (2) For purposes of this section, an international defense 
personnel exchange agreement is an agreement with the 
government of an ally of the United States or another friendly 
foreign country for the exchange of--
          (A) military and civilian personnel of the Department 
        of Defense; and
          (B) military and civilian personnel of the defense 
        ministry of that foreign government.
    (b) Assignment of Personnel.--(1) Pursuant to an 
international defense personnel exchange agreement, personnel 
of the defense ministry of a foreign government may be assigned 
to positions in the Department of Defense and personnel of the 
Department of Defense may be assigned to positions in the 
defense ministry of such foreign government. Positions to which 
exchanged personnel are assigned may include positions of 
instructors.
    (2) An agreement for the exchange of personnel engaged in 
research and development activities may provide for assignment 
of Department of Defense personnel to positions in private 
industry that support the defense ministry of the host foreign 
government.
    (3) An individual may not be assigned to a position 
pursuant to an international defense personnel exchange 
agreement unless the assignment is acceptable to both 
governments.
    (c) Reciprocity of Personnel Qualifications Required.--Each 
government shall be required under an international defense 
personnel exchange agreement to provide personnel with 
qualifications, training, and skills that are essentially equal 
to those of the personnel provided by the other government.
    (d) Payment of Personnel Costs.--(1) Each government shall 
pay the salary, per diem, cost of living, travel costs, cost of 
language or other training, and other costs for its own 
personnel in accordance with the applicable laws and 
regulations of such government.
    (2) Paragraph (1) does not apply to the following costs:
          (A) The cost of temporary duty directed by the host 
        government.
          (B) The cost of training programs conducted to 
        familiarize, orient, or certify exchanged personnel 
        regarding unique aspects of the assignments of the 
        exchanged personnel.
          (C) Costs incident to the use of the facilities of 
        the host government in the performance of assigned 
        duties.
    (e) Prohibited Conditions.--No personnel exchanged pursuant 
to an agreement under this section may take or be required to 
take an oath of allegiance to the host country or to hold an 
official capacity in the government of such country.
    (f) Relationship to Other Authority.--The requirements in 
subsections (c) and (d) shall apply in the exercise of any 
authority of the Secretaries of the military departments to 
enter into an agreement with the government of a foreign 
country to provide for the exchange of members of the armed 
forces and military personnel of the foreign country. The 
Secretary of Defense may prescribe regulations for the 
application of such subsections in the exercise of such 
authority.

SEC. 1083. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.

    It is the sense of the Senate that, notwithstanding any 
other provision of law, in order to maximize the amount of 
equipment provided to the Government of Bosnia and Herzegovina 
under the authority contained in section 540 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 737), 
the price of the transferred equipment shall not exceed the 
lowest level at which the same or similar equipment has been 
transferred to any other country under any other United States 
Government program.

SEC. 1084.\15\ DEFENSE BURDENSHARING.

    (a) Efforts To Increase Allied Burdensharing.--The 
President shall seek to have each nation that has cooperative 
military relations with the United States (including security 
agreements, basing arrangements, or mutual participation in 
multinational military organizations or operations) take one or 
more of the following actions:
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) Increase its financial contributions to the 
        payment of the nonpersonnel costs incurred by the 
        United States Government for stationing United States 
        military personnel in that nation, with a goal of 
        achieving by September 30, 2000, 75 percent of such 
        costs. An increase in financial contributions by any 
        nation under this paragraph may include the elimination 
        of taxes, fees, or other charges levied on United 
        States military personnel, equipment, or facilities 
        stationed in that nation.
          (2) Increase its annual budgetary outlays for 
        national defense as a percentage of its gross domestic 
        product by 10 percent or at least to a level 
        commensurate to that of the United States by September 
        30, 1997.
          (3) Increase its annual budgetary outlays for foreign 
        assistance (to promote democratization, economic 
        stabilization, transparency arrangements, defense 
        economic conversion, respect for the rule of law, and 
        internationally recognized human rights) by 10 percent 
        or at least to a level commensurate to that of the 
        United States by September 30, 1997.
          (4) Increase the amount of military assets (including 
        personnel, equipment, logistics, support and other 
        resources) that it contributes, or would be prepared to 
        contribute, to multinational military activities 
        worldwide.
    (b) Authorities To Encourage Actions by United States 
Allies.--In seeking the actions described in subsection (a) 
with respect to any nation, or in response to a failure by any 
nation to undertake one or more of such actions, the President 
may take any of the following measures to the extent otherwise 
authorized by law:
          (1) Reduce the end strength level of members of the 
        Armed Forces assigned to permanent duty ashore in that 
        nation.
          (2) Impose on that nation fees or other charges 
        similar to those that such nation imposes on United 
        States forces stationed in that nation.
          (3) Reduce (through rescission, impoundment, or other 
        appropriate procedures as authorized by law) the amount 
        the United States contributes to the NATO Civil Budget, 
        Military Budget, or Security Investment Program.
          (4) Suspend, modify, or terminate any bilateral 
        security agreement the United States has with that 
        nation, consistent with the terms of such agreement.
          (5) Reduce (through rescission, impoundment, or other 
        appropriate procedures as authorized by law) any United 
        States bilateral assistance appropriated for that 
        nation.
          (6) Take any other action the President determines to 
        be appropriate as authorized by law.
    (c) Report on Progress in Increasing Allied 
Burdensharing.--Not later than March 1, 1997, the Secretary of 
Defense shall submit to Congress a report on--
          (1) steps taken by other nations to complete the 
        actions described in subsection (a);
          (2) all measures taken by the President, including 
        those authorized in subsection (b), to achieve the 
        actions described in subsection (a); and
          (3) the budgetary savings to the United States that 
        are expected to accrue as a result of the steps 
        described under paragraph (1).
    (d) Report on National Security Bases for Forward 
Deployment and Burdensharing Relationships.--(1) In order to 
ensure the best allocation of budgetary resources, the 
President shall undertake a review of the status of elements of 
the United States Armed Forces that are permanently stationed 
outside the United States. The review shall include an 
assessment of the following:
          (A) The alliance requirements that are to be found in 
        agreements between the United States and other 
        countries.
          (B) The national security interests that support 
        permanently stationing elements of the United States 
        Armed Forces outside the United States.
          (C) The stationing costs associated with the forward 
        deployment of elements of the United States Armed 
        Forces.
          (D) The alternatives available to forward deployment 
        (such as material prepositioning, enhanced airlift and 
        sealift, or joint training operations) to meet such 
        alliance requirements or national security interests, 
        with such alternatives identified and described in 
        detail.
          (E) The costs and force structure configurations 
        associated with such alternatives to forward 
        deployment.
          (F) The financial contributions that allies of the 
        United States make to common defense efforts (to 
        promote democratization, economic stabilization, 
        transparency arrangements, defense economic conversion, 
        respect for the rule of law, and internationally 
        recognized human rights).
          (G) The contributions that allies of the United 
        States make to meeting the stationing costs associated 
        with the forward deployment of elements of the United 
        States Armed Forces.
          (H) The annual expenditures of the United States and 
        its allies on national defense, and the relative 
        percentages of each nation's gross domestic product 
        constituted by those expenditures.
    (2) The President shall submit to Congress a report on the 
review under paragraph (1). The report shall be submitted not 
later than March 1, 1997, in classified and unclassified form.
    (e) Report Date.--Section 1003(c) of Public Law 98-525 \16\ 
is amended by striking out ``each year'' and inserting ``by 
March 1, 1998, and every other year thereafter''.
---------------------------------------------------------------------------
    \16\ Sec. 1044(e) of Public Law 108-136 (117 Stat. 1613) struck out 
``98-515'' and inserted in lieu thereof ``98-525'', and provided that 
the amendment ``shall take effect as if included in Public Law 104-
201.''.
---------------------------------------------------------------------------
          * * * * * * *

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

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

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

          * * * * * * *
---------------------------------------------------------------------------
    \18\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

  TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION \19\

          * * * * * * *
---------------------------------------------------------------------------
    \19\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3137. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES WITH 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Funding Prohibition.--No funds authorized to be 
appropriated or otherwise available to the Department of Energy 
for fiscal year 1997 may be obligated or expended for any 
activity associated with the conduct of cooperative programs 
relating to nuclear weapons or nuclear weapons technology, 
including stockpile stewardship, safety, and use control, with 
the People's Republic of China.
    (b) Report.--(1) The Secretary of Energy shall prepare, in 
consultation with the Secretary of Defense, a report containing 
a description of all discussions and activities between the 
United States and the People's Republic of China regarding 
nuclear weapons matters that have occurred before the date of 
the enactment of this Act and that are planned to occur after 
such date. For each such discussion or activity, the report 
shall include--
          (A) the authority under which the discussion or 
        activity took or will take place;
          (B) the subject of the discussion or activity;
          (C) participants or likely participants;
          (D) the source and amount of funds used or to be used 
        to pay for the discussion or activity; and
          (E) a description of the actions taken or to be taken 
        to ensure that no classified information or 
        unclassified controlled information was or will be 
        revealed, and a determination of whether classified 
        information or unclassified controlled information was 
        revealed in previous discussions.
    (2) The report shall be submitted to the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives not later than January 15, 
1997.

SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP PROGRAMS.

    (a) Funding Prohibition.--No funds authorized to be 
appropriated or otherwise available to the Department of Energy 
for fiscal year 1997 may be obligated or expended to conduct 
any activities associated with international cooperative 
stockpile stewardship.
    (b) Exception.--Subsection (a) does not apply--
          (1) with respect to such activities conducted between 
        the United States and the United Kingdom and between 
        the United States and France; and
          (2) to activities carried out under title XV of this 
        Act (relating to cooperative threat reduction with 
        states of the former Soviet Union).
          * * * * * * *

                       Subtitle D--Other Matters

          * * * * * * *

SEC. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS POSTURES.

    Not later than June 1, 1997, the Secretary of Energy shall 
submit to Congress a report which updates the report submitted 
by the Secretary under section 3152 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 623). The updated report shall include the matters 
specified under such section, current as of the date of the 
updated report.
          * * * * * * *

SEC. 3162.\20\ COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS 
                    EXPERTISE.

    (a) Establishment.--There is hereby established a 
commission to be known as the ``Commission on Maintaining 
United States Nuclear Weapons Expertise'' (in this section 
referred to as the ``Commission'').
---------------------------------------------------------------------------
    \20\ 42 U.S.C. 2121 note.
---------------------------------------------------------------------------
    (b) Organizational Matters.--(1)(A) The Commission shall be 
composed of eight members appointed from among individuals in 
the public and private sectors who have significant experience 
in matters relating to nuclear weapons, as follows:
          (i) Two shall be appointed by the majority leader of 
        the Senate (in consultation with the minority leader of 
        the Senate).
          (ii) One shall be appointed by the minority leader of 
        the Senate (in consultation with the majority leader of 
        the Senate).
          (iii) Two shall be appointed by the Speaker of the 
        House of Representatives (in consultation with the 
        minority leader of the House of Representatives).
          (iv) One shall be appointed by the minority leader of 
        the House of Representatives (in consultation with the 
        Speaker of the House of Representatives).
          (v) Two shall be appointed by the Secretary of 
        Energy.
    (B) Members shall be appointed for the life of the 
Commission. Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment.
    (C) The chairman of the Commission shall be designated from 
among the members of the Commission appointed under 
subparagraph (A) by the majority leader of the Senate, in 
consultation with the Speaker of the House of Representatives, 
the minority leader of the Senate, and the minority leader of 
the House of Representatives. The chairman may be designated 
once five members of the Commission have been appointed under 
subparagraph (A).\21\
---------------------------------------------------------------------------
    \21\ Sec. 3163(a)(1) of Public Law 105-85 (111 Stat. 2049) added 
``The chairman may be designated once five members of the Commission 
have been appointed under subparagraph (A).''.
---------------------------------------------------------------------------
    (D) Members shall be appointed not later than 60 days after 
the date of the enactment of this Act.
    (E) \22\ The Commission may commence its activities under 
this section upon the designation of the chairman of the 
Commission under subparagraph (C).
---------------------------------------------------------------------------
    \22\ Sec. 3163(a)(2) of Public Law 105-85 (111 Stat. 2050) added 
subpara. (E).
---------------------------------------------------------------------------
    (2) The members of the Commission shall establish 
procedures for the activities of the Commission, including 
procedures for calling meetings, requirements for quorums, and 
the manner of taking votes.
    (c) Duties.--(1) The Commission shall develop a plan for 
recruiting and retaining within the Department of Energy 
nuclear weapons complex such scientific, engineering, and 
technical personnel as the Commission determines appropriate in 
order to permit the Department to maintain over the long term a 
safe and reliable nuclear weapons stockpile without engaging in 
underground testing.
    (2) In developing the plan, the Commission shall--
          (A) identify actions that the Secretary may undertake 
        to attract qualified scientific, engineering, and 
        technical personnel to the nuclear weapons complex of 
        the Department; and
          (B) review and recommend improvements to the on-going 
        efforts of the Department to attract such personnel to 
        the nuclear weapons complex.
    (d) Report.--Not later than March 15, 1999,\23\ the 
Commission shall submit to the Secretary and to Congress a 
report containing the plan developed under subsection (c). The 
report may include recommendations for legislation and 
administrative action.
---------------------------------------------------------------------------
    \23\ Sec. 3163(b) of Public Law 105-85 (111 Stat. 2050) struck out 
``March 15, 1998,'' and inserted in lieu thereof ``March 15, 1999,''.
---------------------------------------------------------------------------
    (e) Commission Personnel Matters.--(1) Each member of the 
Commission who is not an officer or employee of the Federal 
Government shall be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code,\24\ for each day (including travel time) 
during which such member is engaged in the performance of the 
duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
---------------------------------------------------------------------------
    \24\ The current rate of compensation at level IV of the Executive 
Schedule is $143,000 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
    (2) The members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission.
    (3) The Commission may, without regard to the civil service 
laws and regulations, appoint and terminate such personnel as 
may be necessary to enable the Commission to perform its 
duties. The Commission may fix the compensation of the 
personnel of the Commission without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and 
General Schedule pay rates.
    (4) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be 
without interruption or loss of civil service status or 
privilege.
    (f) Termination.--The Commission shall terminate 30 days 
after the date on which the Commission submits its report under 
subsection (d).
    (g) Applicability of FACA.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Commission.
    (h) Funding.--Of the amounts authorized to be appropriated 
pursuant to section 3101, not more than $1,000,000 shall be 
available for the activities of the Commission under this 
section. Funds made available to the Commission under this 
section shall remain available until expended.

SEC. 3163. SENSE OF CONGRESS REGARDING RELIABILITY AND SAFETY OF 
                    REMAINING NUCLEAR FORCES.

    (a) Findings.--Congress makes the following findings:
          (1) The United States is committed to proceeding with 
        a robust, science-based stockpile stewardship program 
        with respect to production of nuclear weapons, and to 
        maintaining nuclear weapons production capabilities and 
        capacities, that are adequate--
                  (A) to ensure the safety, reliability, and 
                performance of the United States nuclear 
                arsenal; and
                  (B) to meet such changing national security 
                requirements as may result from international 
                developments or technical problems with nuclear 
                warheads.
          (2) The United States is committed to reestablishing 
        and maintaining production facilities for nuclear 
        weapons components at levels that are sufficient--
                  (A) to satisfy requirements for the safety, 
                reliability, and performance of United States 
                nuclear weapons; and
                  (B) to demonstrate and sustain production 
                capabilities and capacities.
          (3) The United States is committed to maintaining the 
        nuclear weapons laboratories and protecting core 
        nuclear weapons competencies.
          (4) The United States is committed to ensuring rapid 
        access to a new production source of tritium within the 
        next decade, as it currently has no meaningful 
        capability to produce tritium, a component that is 
        essential to the performance of modern nuclear weapons.
          (5) The United States reserves the right, consistent 
        with United States law, to resume underground nuclear 
        testing to maintain confidence in the United States 
        stockpile of nuclear weapons if warhead design flaws or 
        aging of nuclear weapons result in problems that a 
        robust stockpile stewardship program cannot solve.
          (6) The United States is committed to funding the 
        Nevada Test Site at a level that maintains the ability 
        of the United States to resume underground nuclear 
        testing within one year after a national decision to do 
        so is made.
          (7) The United States reserves the right to invoke 
        the supreme national interest of the United States and 
        withdraw from any future arms control agreement to 
        limit underground nuclear testing.
    (b) Sense of Congress Regarding Presidential Consultation 
With Congress.--It is the sense of Congress that the President 
should consult closely with Congress regarding United States 
policy and practices to ensure confidence in the safety, 
reliability, and performance of the nuclear stockpile of the 
United States.
    (c) Sense of Congress Regarding Notification and 
Consultation.--It is the sense of Congress that, upon a 
determination by the President that a problem with the safety, 
reliability, or performance of the nuclear stockpile has 
occurred and that the problem cannot be corrected within the 
stockpile stewardship program, the President shall--
          (1) immediately notify Congress of the problem; and
          (2) submit to Congress in a timely manner a plan for 
        corrective action with respect to the problem, 
        including--
                  (A) a technical description of the activities 
                required under the plan; and
                  (B) if underground testing of nuclear weapons 
                would assist in such corrective action, an 
                assessment of the advisability of withdrawing 
                from any treaty that prohibits underground 
                testing of nuclear weapons.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION \25\

          * * * * * * *
---------------------------------------------------------------------------
    \25\ Amendments to the Panama Canal Act have been incorporated into 
that Act; see Legislation on Foreign Relations Through 2005, vol. II, 
sec. G.
       p. National Defense Authorization Act for Fiscal Year 1996

 Partial text of Public Law 104-106 [S. 1124], 110 Stat. 186, approved 
  February 10, 1996; amended by Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
   approved September 23, 1996; Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119]. 111 Stat. 1629, 
approved November 18, 1997; Public Law 105-261 [Strom Thurmond National 
 Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 
 1920, approved October 17, 1998; Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
approved October 5, 1999; Public Law 106-398 [Floyd D. Spence National 
 Defense Authorization Act for Fiscal Year 2001; H.R. 4205], 114 Stat. 
1654, approved October 30, 2000; Public Law 107-314 [Bob Stump National 
 Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 
 2458, approved December 2, 2002; Public Law 108-136 [National Defense 
  Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, 
                       approved November 24, 2003

 AN ACT To authorize appropriations for fiscal year 1996 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
 reform acquisition laws and information technology management of the 
              Federal Government, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1996''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into five divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Federal Acquisition Reform.
          (5) Division E--Information Technology Management 
        Reform.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
          (1) the Committee on Armed Services and the Committee 
        on Appropriations of the Senate; and
          (2) the Committee on Armed Services \1\ and the 
        Committee on Appropriations of the House of 
        Representatives.
---------------------------------------------------------------------------
    \1\ Sec. 1067(6) of Public Law 106-65 (113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------

SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.

    In the case of any provision of this Act, or any amendment 
made by a provision of this Act, requiring the submission of a 
report to Congress (or any committee of Congress), that report 
shall be submitted not later than the later of--
          (1) the date established for submittal of the report 
        in such provision or amendment; or
          (2) the date that is 45 days after the date of the 
        enactment of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

                       Subtitle B--Army Programs

SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.

    Subsection (j) of section 21 of the Arms Export Control Act 
(22 U.S.C. 2761) is repealed.\2\
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    \2\ See Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1996 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows: * * *
          (15) For Drug Interdiction and Counter-drug 
        Activities, Defense-wide, $680,432,000.
    * * *
          (18) For Cooperative Threat Reduction programs, 
        $300,000,000.
          (19) For Overseas Humanitarian, Disaster, and Civic 
        Aid programs, $50,000,000.
          * * * * * * *

                       Subtitle G--Other Matters

          * * * * * * *

SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL DEFENSE 
                    PREPAREDNESS TO RESPOND TO EMERGENCIES RESULTING 
                    FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR 
                    NUCLEAR ATTACK.

    (a) Report.--(1) Not later than March 1, 1996, the 
Secretary of Defense and the Secretary of Energy shall submit 
to Congress a joint report on the military and civil defense 
plans and programs of the Department of Defense to prepare for 
and respond to the effects of an emergency in the United States 
resulting from a chemical, biological, radiological, or nuclear 
attack on the United States (hereinafter in this section 
referred to as an ``attack-related civil defense emergency'').
    (2) The report shall be prepared in consultation with the 
Director of the Federal Emergency Management Agency.
    (b) Content of Report.--The report shall include the 
following:
          (1) A discussion of the military and civil defense 
        plans and programs of the Department of Defense for 
        preparing for and responding to an attack-related civil 
        defense emergency arising from an attack of a type for 
        which the Department of Defense has a primary 
        responsibility to respond.
          (2) A discussion of the military and civil defense 
        plans and programs of the Department of Defense for 
        preparing for and providing a response to an attack-
        related civil defense emergency arising from an attack 
        of a type for which the Department of Defense has 
        responsibility to provide a supporting response.
          (3) A description of any actions, and any recommended 
        legislation, that the Secretaries consider necessary 
        for improving the preparedness of the Department of 
        Defense to respond effectively to an attack-related 
        civil defense emergency.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1004. OPERATION PROVIDE COMFORT.

    (a) Authorization of Amounts Available.--Within the total 
amounts authorized to be appropriated in titles III and IV, 
there is hereby authorized to be appropriated for fiscal year 
1996 for costs associated with Operation Provide Comfort--
          (1) $136,300,000 for operation and maintenance costs; 
        and
          (2) $7,000,000 for incremental military personnel 
        costs.
    (b) Report.--Not more than $70,000,000 of the amount 
appropriated under subsection (a) may be obligated until the 
Secretary of Defense submits to the congressional defense 
committees a report on Operation Provide Comfort which includes 
the following:
          (1) A detailed presentation of the projected costs to 
        be incurred by the Department of Defense for Operation 
        Provide Comfort during fiscal year 1996, together with 
        a discussion of missions and functions expected to be 
        performed by the Department as part of that operation 
        during that fiscal year.
          (2) A detailed presentation of the projected costs to 
        be incurred by other departments and agencies of the 
        Federal Government participating in or providing 
        support to Operation Provide Comfort during fiscal year 
        1996.
          (3) A discussion of available options to reduce the 
        involvement of the Department of Defense in those 
        aspects of Operation Provide Comfort that are not 
        directly related to the military mission of the 
        Department of Defense.
          (4) A plan establishing an exit strategy for United 
        States involvement in, and support for, Operation 
        Provide Comfort.
    (c) Operation Provide Comfort.--For purposes of this 
section, the term ``Operation Provide Comfort'' means the 
operation of the Department of Defense that as of October 30, 
1995, is designated as Operation Provide Comfort.

SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.

    (a) Authorization of Amounts Available.--Within the total 
amounts authorized to be appropriated in titles III and IV, 
there is hereby authorized to be appropriated for fiscal year 
1996 for costs associated with Operation Enhanced Southern 
Watch--
          (1) $433,400,000 for operation and maintenance costs; 
        and
          (2) $70,400,000 for incremental military personnel 
        costs.
    (b) Report.--(1) Of the amounts specified in subsection 
(a), not more than $250,000,000 may be obligated until the 
Secretary of Defense submits to the congressional defense 
committees a report designating Operation Enhanced Southern 
Watch, or significant elements thereof, as a forward presence 
operation for which funding should be budgeted as part of the 
annual defense budget process in the same manner as other 
activities of the Armed Forces involving forward presence or 
forward deployed forces.
    (2) The report shall set forth the following:
          (A) The expected duration and annual costs of the 
        various elements of Operation Enhanced Southern Watch.
          (B) Those elements of Operation Enhanced Southern 
        Watch that are semi-permanent in nature and should be 
        budgeted in the future as part of the annual defense 
        budget process in the same manner as other activities 
        of the Armed Forces involving forward presence or 
        forward deployed forces.
          (C) The political and military objectives associated 
        with Operation Enhanced Southern Watch.
          (D) The contributions (both in-kind and actual) by 
        other nations to the costs of conducting Operation 
        Enhanced Southern Watch.
    (c) Operation Enhanced Southern Watch.--For purposes of 
this section, the term ``Operation Enhanced Southern Watch'' 
means the operation of the Department of Defense that as of 
October 30, 1995, is designated as Operation Enhanced Southern 
Watch.
          * * * * * * *

SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM REVISED 
                    ECONOMIC ASSUMPTIONS.

    (a) Reduction.--The total amount authorized to be 
appropriated in titles I, II, and III of this Act is hereby 
reduced by $832,000,000 to reflect savings from revised 
economic assumptions. Such reduction shall be made from 
accounts in those titles as follows: * * *
          Drug Interdiction and Counter-Drug Activities, 
        Defense, $5,000,000.
          * * *
          Overseas Humanitarian, Disaster, and Civic Aid, 
        $1,000,000.
          Former Soviet Union Threat Reduction, $2,000,000.
    (b) Reductions To Be Applied Proportionally.--Reductions 
under this section shall be applied proportionally to each 
budget activity, activity group, and subactivity group and to 
each program, project, and activity within each account.

                Subtitle B--Naval Vessels and Shipyards

          * * * * * * *

SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.

    (a) Transfers by Grant.--The Secretary of the Navy is 
authorized to transfer on a grant basis under section 516 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) frigates 
of the Oliver Hazard Perry class to other countries as follows:
          (1) To the Government of Bahrain, the guided missile 
        frigate Jack Williams (FFG 24).
          (2) To the Government of Egypt, the frigate Copeland 
        (FFG 25).
          (3) To the Government of Turkey, the frigates Clifton 
        Sprague (FFG 16) and Antrim (FFG 20).
    (b) Transfers by Lease or Sale.--The Secretary of the Navy 
is authorized to transfer on a lease basis under section 61 of 
the Arms Export Control Act (22 U.S.C. 2796) or on a sale basis 
under section 21 of the Arms Export Control Act (22 U.S.C. 
2761) frigates of the Oliver Hazard Perry class to other 
countries as follows:
          (1) To the Government of Egypt, the frigate Duncan 
        (FFG 10).
          (2) To the Government of Oman, the guided missile 
        frigate Mahlon S. Tisdale (FFG 27).
          (3) To the Government of Turkey, the frigate Flatley 
        (FFG 21).
          (4) To the Government of the United Arab Emirates, 
        the guided missile frigate Gallery (FFG 26).
    (c) Financing for Transfers by Lease.--Section 23 of the 
Arms Export Control Act (22 U.S.C. 2763) may be used to provide 
financing for any transfer by lease under subsection (b) in the 
same manner as if such transfer were a procurement by the 
recipient nation of a defense article.
    (d) Costs of Transfers.--Any expense incurred by the United 
States in connection with a transfer authorized by subsection 
(a) or (b) shall be charged to the recipient.
    (e) Expiration of Authority.--The authority to transfer a 
vessel under subsection (a) and under subsection (b) shall 
expire at the end of the two-year period beginning on the date 
of the enactment of this Act, except that a lease entered into 
during that period under any provision of subsection (b) may be 
renewed.
    (f) Repair and Refurbishment in United States Shipyards.--
The Secretary of the Navy shall require, as a condition of the 
transfer of a vessel under this section, that the country to 
which the vessel is transferred have such repair or 
refurbishment of the vessel as is needed, before the vessel 
joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy 
shipyard.
    (g) Prohibition on Certain Transfers of Vessels on Grant 
Basis.--(1) Section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j) \3\ is amended by adding at the end the 
following new subsection: * * *
---------------------------------------------------------------------------
    \3\ See Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
    (2) The amendment made by paragraph (1) shall apply with 
respect to the transfer of a vessel on or after the date of the 
enactment of this Act (other than a vessel the transfer of 
which is authorized by subsection (a) or by law before the date 
of the enactment of this Act).
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION \4\

          * * * * * * *
---------------------------------------------------------------------------
    \4\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

             TITLE XIII--MATTERS RELATING TO OTHER NATIONS

                  Subtitle A--Peacekeeping Provisions

SEC. 1301. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED 
                    STATES SHARE OF COSTS OF UNITED NATIONS 
                    PEACEKEEPING ACTIVITIES.

    (a) In General.--Chapter 20 of title 10, United States 
Code, is amended by inserting after section 404 the following 
new section: * * * \5\
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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\

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *
---------------------------------------------------------------------------
    \18\ Formerly at 22 U.S.C. 5952 note. Sec. 3141(f)(6) of the 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1763) redesignated sec. 3131, granting authority to 
the Secretary of Energy to conduct programs relating to fissile 
materials, as sec. 4305 of Public Law 107-314, and at 50 U.S.C. 2565.
    Previously, sec. 3152 of Public Law 107-314 (116 Stat. 2738) struck 
out subsec. designation ``(a)'' and struck out subsec. (b), which had 
required the Secretary of Energy to report to Congress semiannually on 
the obligation of funds under this section.
---------------------------------------------------------------------------

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131.\18\ * * * [REDESIGNATED--2003]

          * * * * * * *

                       Subtitle D--Other Matters

SEC. 3151. REPORT ON FOREIGN TRITIUM PURCHASES.

    (a) Report.--Not later than May 1, 1996, the President 
shall submit to the congressional defense committees a report 
on the feasibility of, the cost of, and the policy, legal, and 
other issues associated with purchasing tritium from various 
foreign suppliers in order to ensure an adequate supply of 
tritium in the United States for nuclear weapons.
    (b) Form of Report.--The report shall be submitted in 
unclassified form, but may contain a classified appendix.

SEC. 3152.\19\ * * * [REDESIGNATED--2003]
---------------------------------------------------------------------------

    \19\ Formerly at 42 U.S.C. 2121 note, relating a study on nuclear 
test readiness postures. Sec. 3141(e)(9) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 
1759) redesignated sec. 3152 at 50 U.S.C. 2527 and at sec. 4208 of 
Public Law 107-314.
---------------------------------------------------------------------------

SEC. 3153.\20\ * * * [REPEALED--1996]
---------------------------------------------------------------------------

    \20\ Formerly at 42 U.S.C. 2121 note. Sec. 3152(c) of Public Law 
105-85 (111 Stat. 2042) repealed sec. 3153, which had required the 
President to submit a master plan to Congress by March 15, 1996, for 
the certification, stewardship, and management of warheads in the 
nuclear weapons stockpile.
---------------------------------------------------------------------------

SEC. 3154.\21\ * * * [REDESIGNATED--2003]

          * * * * * * *
---------------------------------------------------------------------------
    \21\ Formerly at 42 U.S.C. 2164 note. Sec. 3141(h)(2) of the 
National Defense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1771) redesignated sec. 3154, relating to a 
prohibition on international inspections of Department of Energy 
inspections, as sec. 4501 of Public Law 107-314, and as 50 U.S.C. 2651.
---------------------------------------------------------------------------

                TITLE XXXV--PANAMA CANAL COMMISSION \22\

          * * * * * * *
---------------------------------------------------------------------------
    \22\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. G.
       q. National Defense Authorization Act for Fiscal Year 1995

Partial text of Public Law 103-337 [S. 2182], 108 Stat. 2663, approved 
   October 5, 1994; amended by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
  approved February 10, 1996; Public Law 104-208 [Illegal Immigration 
  Reform and Immigrant Responsibility Act of 1996; division C of the 
 Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 
  3009, approved September 30, 1996; Public Law 107-108 [Intelligence 
  Authorization Act for Fiscal Year 2002; H.R. 2883], 115 Stat. 1394, 
   approved December 28, 2001; Public Law 108-136 [National Defense 
  Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, 
   approved November 24, 2003; Public Law 109-163 [National Defense 
  Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, 
                        approved January 6, 2006

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1995''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
      

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Secs. 1006 and 1007 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law
 
                         ``sec. 1006. authority for obligation of certain unauthorized fiscal year 1995 defense appropriations.
                           ``(a) Authority.--The amounts described in subsection (b) may be obligated and expended for programs,
                         projects, and activities of the Department of Defense in accordance with fiscal year 1995 defense
                         appropriations.
                           ``(b) Covered Amounts.--The amounts referred to in subsection (a) are the amounts provided for
                         programs, projects, and activities of the Department of Defense in fiscal year 1995 defense
                         appropriations that are in excess of the amounts provided for such programs, projects, and activities
                         in fiscal year 1995 defense authorizations.
                           ``(c) Definitions.--For the purposes of this section:
                               ``(1) 1995 defense appropriations.--The term `fiscal year 1995 defense appropriations' means
                            amounts appropriated or otherwise made available to the Department of Defense for fiscal year 1995
                            in the Department of Defense Appropriations Act, 1995 (Public Law 103-335).
                               ``(2) 1995 .--The term `fiscal year 1995 defense authorizations' means amounts authorized to be
                            appropriated for the Department of Defense for fiscal year 1995 in the National Defense
                            Authorization Act for Fiscal Year 1995 (Public Law 103-337).
                         ``sec. 1007. authorization of prior emergency supplemental appropriations for fiscal year 1995.
                           ``(a) Adjustment to Previous Authorizations.--Amounts authorized to be appropriated to the Department
                         of Defense for fiscal year 1995 in the National Defense Authorization Act for Fiscal Year 1995 (Public
                         Law 103-337) are hereby adjusted, with respect to any such authorized amount, by the amount by which
                         appropriations pursuant to such authorization were increased (by a supplemental appropriation) or
                         decreased (by a rescission), or both, in title I of the Emergency Supplemental Appropriations and
                         Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995
                         (Public Law 104-6; 109 Stat. 73).
                           ``(b) New Authorization.--The appropriation provided in section 104 of such Act (109 Stat. 79) is
                         hereby authorized.''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATIONS OF APPROPRIATIONS FOR 
                    FISCAL YEAR 1994.

    (a) Authorization of Prior Emergency Supplemental 
Appropriations.--Funds appropriated to the Department of 
Defense for fiscal year 1994 in chapter 3 of title I of the 
Emergency Supplemental Appropriations Act of 1994 (Public Law 
103-211; 108 Stat. 5) for the purposes stated in section 302 of 
such Act (108 Stat. 7), relating to the incremental and 
associated costs of the Department of Defense incurred in 
connection with ongoing United States operations relating to 
Somalia, Bosnia, Southwest Asia, and Haiti, are hereby 
authorized in amounts as follows:
          (1) For Military Personnel:
                  (A) For the Army, $6,600,000.
                  (B) For the Navy, $19,400,000.
                  (C) For the Air Force, $18,400,000.
          (2) For Operation and Maintenance:
                  (A) For the Army, $420,100,000.
                  (B) For the Navy, $104,800,000.
                  (C) For the Air Force, $560,100,000.
                  (D) For Defense-wide activities, $21,600,000.
          (3) For Procurement:
                  (A) For Aircraft Procurement, Army, 
                $20,300,000.
                  (B) For Other Procurement, Army, $200,000.
                  (C) For Other Procurement, Air Force, 
                $26,800,000.
    (b) Authorization of Supplemental Appropriations for Relief 
of Rwanda Refugees.--There is authorized to be appropriated to 
the Emergency Response Fund, Defense, as emergency supplemental 
appropriations for fiscal year 1994 the sum of $270,000,000 to 
be used to reimburse appropriations of the Department of 
Defense for costs incurred for emergency relief for Rwanda.
          * * * * * * *

                  Subtitle B--Counter-Drug Activities

          * * * * * * *

SEC. 1012.\2\ OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND AGENTS OF 
                    THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN 
                    INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG 
                    TRAFFICKING.

    (a) Employees and Agents of Foreign Countries.--
Notwithstanding any other provision of law, it shall not be 
unlawful for authorized employees or agents of a foreign 
country (including members of the armed forces of that country) 
to interdict or attempt to interdict an aircraft in that 
country's territory or airspace if--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2291-4.
    On December 1, 1994, the President issued a determination ``with 
respect to Colombia that: (a) interdiction of aircraft reasonably 
suspected to be primarily engaged in illicit drug trafficking in that 
country's airspace is necessary because of the extraordinary threat 
posed by illicit drug trafficking to the national security of that 
country; and (b) that country has appropriate procedures in place to 
protect against innocent loss of life in the air and on the ground in 
connection with such interdiction, which shall at a minimum include 
effective means to identify and warn an aircraft before the use of 
force is directed against the aircraft.'' (Presidential Determination 
No. 95-7; 59 F.R. 64835).
    A similar determination was issued relating to Peru on December 8, 
1994 (Presidential Determination No. 95-9; 59 F.R. 65231).
---------------------------------------------------------------------------
          (1) that aircraft is reasonably suspected to be 
        primarily engaged in illicit drug trafficking; and
          (2) the President of the United States has, during 
        the 12-month period ending on the date of the 
        interdiction, certified to Congress \3\ with respect to 
        that country that--
---------------------------------------------------------------------------
    \3\ Sec. 503(a) of Public Law 107-108 (115 Stat. 1405) struck out 
``, before the interdiction occurs, has determined'' and inserted in 
lieu thereof ``has, during the 12-month period ending on the date of 
the interdiction, certified to Congress''.
---------------------------------------------------------------------------
                  (A) interdiction is necessary because of the 
                extraordinary threat posed by illicit drug 
                trafficking to the national security of that 
                country; and
                  (B) the country has appropriate procedures in 
                place to protect against innocent loss of life 
                in the air and on the ground in connection with 
                interdiction, which shall at a minimum include 
                effective means to identify and warn an 
                aircraft before the use of force directed 
                against the aircraft.
    (b) Employees and Agents of the United States.--
Notwithstanding any other provision of law, it shall not be 
unlawful for authorized employees or agents of the United 
States (including members of the Armed Forces of the United 
States) to provide assistance for the interdiction actions of 
foreign countries authorized under subsection (a). The 
provision of such assistance shall not give rise to any civil 
action seeking money damages or any other form of relief 
against the United States or its employees or agents (including 
members of the Armed Forces of the United States).
    (c) \4\ Annual Report.--(1) Not later than February 1 each 
year, the President shall submit to Congress a report on the 
assistance provided under subsection (b) during the preceding 
calendar year. Each report shall include for the calendar year 
covered by such report the following:
---------------------------------------------------------------------------
    \4\ Sec. 503(b) of Public Law 107-108 (115 Stat. 1405) redesignated 
subsec. (c) as subsec. (d), and added a new subsec. (c).
---------------------------------------------------------------------------
          (A) A list specifying each country for which a 
        certification referred to in subsection (a)(2) was in 
        effect for purposes of that subsection during any 
        portion of such calendar year, including the nature of 
        the illicit drug trafficking threat to each such 
        country.
          (B) A detailed explanation of the procedures referred 
        to in subsection (a)(2)(B) in effect for each country 
        listed under subparagraph (A), including any training 
        and other mechanisms in place to ensure adherence to 
        such procedures.
          (C) A complete description of any assistance provided 
        under subsection (b).
          (D) A summary description of the aircraft 
        interception activity for which the United States 
        Government provided any form of assistance under 
        subsection (b).
    (2) Each report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.
    (d) \4\ Definitions.--For purposes of this section:
          (1) The terms ``interdict'' and ``interdiction'', 
        with respect to an aircraft, mean to damage, render 
        inoperative, or destroy the aircraft.
          (2) The term ``illicit drug trafficking'' means 
        illicit trafficking in narcotic drugs, psychotropic 
        substances, and other controlled substances, as such 
        activities are described by any international narcotics 
        control agreement to which the United States is a 
        signatory, or by the domestic law of the country in 
        whose territory or airspace the interdiction is 
        occurring.
          (3) The term ``assistance'' includes operational, 
        training, intelligence, logistical, technical, and 
        administrative assistance.
          * * * * * * *

                      Subtitle D--POW/MIA Matters

SEC. 1031. ASSISTANCE TO FAMILY MEMBERS OF KOREAN CONFLICT AND COLD WAR 
                    POW/MIAS WHO REMAIN UNACCOUNTED FOR.

    (a) Single Point of Contact.--The Secretary of Defense 
shall designate an official of the Department of Defense to 
serve as a single point of contact within the department--
          (1) for the immediate family members (or their 
        designees) of any unaccounted-for Korean conflict POW/
        MIA; and
          (2) for the immediate family members (or their 
        designees) of any unaccounted-for Cold War POW/MIA.
    (b) Functions.--The official designated under subsection 
(a) shall serve as a liaison between the family members of 
unaccounted-for Korean conflict POW/MIAs and unaccounted-for 
Cold War POW/MIAs and the Department of Defense and other 
Federal departments and agencies that may hold information that 
may relate to such POW/MIAs. The functions of that official 
shall include assisting family members--
          (1) with the procedures the family members may follow 
        in their search for information about the unaccounted-
        for Korean conflict POW/MIA or unaccounted-for Cold War 
        POW/MIA, as the case may be;
          (2) in learning where they may locate information 
        about the unaccounted-for POW/MIA; and
          (3) in learning how and where to identify classified 
        records that contain pertinent information and that 
        will be declassified.
    (c) Assistance in Obtaining Declassification.--The official 
designated under subsection (a) shall seek to obtain the rapid 
declassification of any relevant classified records that are 
identified.
    (d) Repository.--The official designated under subsection 
(a) shall provide all documents relating to unaccounted-for 
Korean conflict POW/MIAs and unaccounted-for Cold War POW/MIAs 
that are located as a result of the official's efforts to the 
National Archives and Records Administration, which shall 
locate them in a centralized repository.
    (e) Definitions.--For purposes of this section:
          (1) The term ``unaccounted-for Korean conflict POW/
        MIA'' means a member of the Armed Forces or civilian 
        employee of the United States who, as a result of 
        service during the Korean conflict, was at any time 
        classified as a prisoner of war or missing-in-action 
        and whose person or remains have not been returned to 
        United States control and who remains unaccounted for.
          (2) The term ``unaccounted-for Cold War POW/MIA'' 
        means a member of the Armed Forces or civilian employee 
        of the United States who, as a result of service during 
        the period from September 2, 1945, to August 21, 1991, 
        was at any time classified as a prisoner of war or 
        missing-in-action and whose person or remains have not 
        been returned to United States control and who remains 
        unaccounted for.
          (3) The term ``Korean conflict'' has the meaning 
        given such term in section 101(9) of title 38, United 
        States Code.

SEC. 1032. REQUIREMENT FOR SECRETARY OF DEFENSE TO SUBMIT 
                    RECOMMENDATIONS ON CERTAIN PROVISIONS OF LAW 
                    CONCERNING MISSING PERSONS.

    (a) Review.--The Secretary of Defense shall conduct a 
review of the provisions of chapter 10 of title 37, United 
States Code, relating to missing persons.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report containing the Secretary's recommendations as to whether 
those provisions of law should be amended.
    (c) Consultation.--The review under subsection (a) shall be 
carried out in consultation with the Secretaries of the 
military departments.

SEC. 1033. CONTACT BETWEEN THE DEPARTMENT OF DEFENSE AND THE MINISTRY 
                    OF NATIONAL DEFENSE OF CHINA ON POW/MIA ISSUES.

    (a) Findings.--Congress makes the following findings:
          (1) The Select Committee on POW/MIA Affairs of the 
        Senate, in its final report, dated January 13, 1993, 
        concluded--
                  (A) that ``many American POWs had been held 
                in China during the Korean conflict and that 
                foreign POW camps in both China and North Korea 
                were run by Chinese officials''; and
                  (B) that ``given the fact that only 26 Army 
                and 15 Air Force personnel returned from China 
                following the war, the committee can now firmly 
                conclude that the People's Republic of China 
                surely has information on the fate of other 
                unaccounted for American POWs from the Korean 
                conflict.''.
          (2) The Select Committee on POW/MIA Affairs 
        recommended in that report that ``the Department of 
        State and Defense form a POW/MIA task force on China 
        similar to Task Force Russia.''.
          (3) Neither the Department of Defense nor the 
        Department of State has held substantive discussions 
        with officials from the People's Republic of China 
        concerning unaccounted for American prisoners of war of 
        the Korean conflict.
    (b) Sense of Congress.--It is the sense of Congress that 
the Secretary of Defense should establish contact with 
officials of the Ministry of Defense of the People's Republic 
of China regarding unresolved issues relating to American 
prisoners of war and American personnel missing in action as a 
result of the Korean conflict.

SEC. 1034. INFORMATION CONCERNING UNACCOUNTED FOR UNITED STATES 
                    PERSONNEL OF THE VIETNAM CONFLICT.

    (a) Requirement.--Not later than 45 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report containing the information 
specified in subsection (b) pertaining to United States 
personnel involved in the Vietnam conflict who remain not 
accounted for.
    (b) Required Information.--The information to be provided 
in the report under subsection (a) is as follows:
          (1) A complete listing by name of all such personnel 
        about whom it is possible that officials of the 
        Socialist Republic of Vietnam can produce additional 
        information or remains that could lead to the maximum 
        possible accounting for those personnel, as determined 
        on the basis of all information available to the United 
        States Government.
          (2) A complete listing by name of all such personnel 
        about whom it is possible that officials of the Lao 
        People's Democratic Republic can produce additional 
        information or remains that could lead to the maximum 
        possible accounting for those personnel, as determined 
        on the basis of all information available to the United 
        States Government.

SEC. 1035. REPORT ON POW/MIA MATTERS CONCERNING NORTH KOREA.

    (a) Findings.--Congress makes the following findings:
          (1) The Select Committee on POW/MIA Affairs of the 
        Senate concluded in its final report, dated January 13, 
        1993, that ``it is likely that a large number of 
        possible MIA remains can be repatriated and several 
        records and documents on unaccounted for POW's and 
        MIA's can be provided from North Korea once a joint 
        working level commission is set up under the leadership 
        of the United States.''.
          (2) The Select Committee recommended in such report 
        that ``the Departments of State and Defense take 
        immediate steps to form this commission through the 
        United Nations Command at Panmunjom, Korea'' and that 
        the ``commission should have a strictly humanitarian 
        mission and should not be tied to political 
        developments on the Korean peninsula.''.
          (3) In August 1993, the United States and North Korea 
        entered into an agreement concerning the repatriation 
        of remains of United States personnel.
          (4) The establishment of a joint working level 
        commission with North Korea could enhance the prospects 
        for results under the August 1993 agreement.
    (b) Report.--The Secretary of Defense shall, at the end of 
January and September of 1995, submit a report to Congress on 
the status of efforts to obtain information from North Korea 
concerning United States personnel involved in the Korean 
conflict who remain not accounted for and to obtain from North 
Korea any remains of such personnel.
    (c) Commission.--The President shall give serious 
consideration to establishing a joint working level commission 
with North Korea, consistent with the recommendations of the 
Select Committee on POW/MIA Affairs of the Senate set forth in 
the final report of the committee, dated January 13, 1993, to 
resolve the remaining issues relating to United States 
personnel who became prisoners of war or missing in action 
during the Korean conflict.
          * * * * * * *

SEC. 1036. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR UNITED 
                    STATES PERSONNEL FROM THE KOREAN CONFLICT, THE 
                    VIETNAM ERA, AND THE COLD WAR.

    Section 1082 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401 
note) is amended--* * *
          * * * * * * *

                       Subtitle G--Other Matters

          * * * * * * *

SEC. 1073. SENSE OF CONGRESS CONCERNING VISAS FOR HIGH-LEVEL OFFICIALS 
                    OF TAIWAN.

    It is the sense of Congress that no visa should be denied 
for a high-level official of Taiwan to enter the United States 
unless the official is otherwise inadmissible \5\ under the 
immigration laws of the United States.
---------------------------------------------------------------------------
    \5\ Sec. 308(d)(3)(D) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009) struck out ``excludable'' and inserted in lieu thereof 
``inadmissible''.
---------------------------------------------------------------------------
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION \6\

          * * * * * * *
---------------------------------------------------------------------------
    \6\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

        TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                  Subtitle A--Matters Relating to NATO

          * * * * * * *

SEC. 1302. NORTH ATLANTIC TREATY ORGANIZATION.

    (a) Findings.--Congress makes the following findings:
          (1) The North Atlantic Treaty Organization has served 
        as a bulwark of peace, security, and democracy for the 
        United States and the members of the alliance since 
        1949.
          (2) The unswerving resolve of the member states of 
        the North Atlantic Treaty Organization to mutual 
        defense against the threat of communist aggression was 
        central to the demise of the Warsaw Pact.
          (3) The North Atlantic Treaty Organization is the 
        most successful international security organization in 
        history and is well suited to help marshal cooperative 
        political, diplomatic, economic, and humanitarian 
        efforts, buttressed by credible military capability 
        aimed at deterring conflict, and thus contributing to 
        international peace and security.
          (4) The threat of instability in Eastern and Central 
        Europe, as well as in the Southern and Eastern 
        Mediterranean, continues to pose a fundamental 
        challenge to the interests of the member states of the 
        North Atlantic Treaty Organization.
          (5) North Atlantic Treaty Organization assets have 
        been deployed in recent years for more than the 
        territorial defense of alliance members, and the Rome 
        Summit of October 1991 adopted a new strategic concept 
        for the North Atlantic Treaty Organization that 
        entertained the possibility of operations beyond the 
        alliance's self-defense area.
          (6) In Oslo in July 1992, and in Brussels in December 
        1992, the alliance embraced the deployment of North 
        Atlantic Treaty Organization forces to peacekeeping 
        operations under the auspices of the United Nations or 
        the Conference on Security and Cooperation in Europe.
          (7) The North Atlantic Treaty Organization should 
        attempt to cooperate with and seek a mandate from 
        international organizations such as the United Nations 
        when considering responses to crises outside the 
        alliances's self-defense area.
          (8) Not all members of the international community 
        share a commonality of interests that would ensure 
        timely action by the United Nations Security Council.
          (9) It is critical that the security interests of the 
        member countries of the North Atlantic Treaty 
        Organization not be held hostage to indecision at the 
        United Nations or a veto by a permanent member of the 
        Security Council.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) it should be the policy of the United States 
        that, in accordance with article 53 of the United 
        Nations Charter, the North Atlantic Treaty Organization 
        retains the right of autonomy of action regarding 
        missions in addition to collective defense should the 
        United Nations Security Council or the Conference on 
        Security and Cooperation in Europe fail to act;
          (2) while it is desirable to work with other 
        international organizations and arrangements where 
        feasible in dealing with threats to the peace, the 
        North Atlantic Treaty Organization is not an auxiliary 
        to the United Nations or any other organization; and
          (3) the member states of the North Atlantic Treaty 
        Organization reserve the right to act collectively in 
        defense of their vital interests.

SEC. 1303. AUTHORIZED END STRENGTH FOR MILITARY PERSONNEL IN EUROPE.

    (a) End Strength.--Paragraph (1) of section 1002(c) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note), is amended to read as follows: * * *
    (b) Exclusion of Certain Island-Based Troops in Calculation 
of Authorized End Strength.--Such section is further amended by 
adding at the end the following new paragraph: * * *
    (c) Conforming Amendment.--Section 1303 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2546) is repealed.
    (d) Effective Date.--The amendment made by subsection (a) 
shall take effect on October 1, 1995.

SEC. 1304. ALLIED SHARE OF INSTALLATIONS COSTS.

    (a) Goal for Allied Contributions.--In continuing efforts 
to enter into revised host-nation agreements as described in 
section 1301(e) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2545) and 
section 1401(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1824), the 
President shall seek to have European member nations of NATO 
assume an increased share of the nonpersonnel costs for United 
States military installations in those nations so that (1) \7\ 
by September 30, 1996, those nations have assumed 37.5 percent 
of such costs, and (2) by September 30, 1997, those nations 
have assumed 42.5 percent of such costs.
---------------------------------------------------------------------------
    \7\ Sec. 1333 of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 110 Stat. 484) inserted clause 
designation ``(1)'' and added clause (2).
---------------------------------------------------------------------------
    (b) Definitions.--For purposes of this section:
          (1) The term ``nonpersonnel costs'', with respect to 
        United States military installations in European member 
        nations of NATO, means costs for those installations 
        other than costs paid from military personnel accounts.
          (2) The term ``contributions'', with respect to the 
        share of such nonpersonnel costs assumed by the 
        European member nations of NATO, means those cash and 
        in-kind contributions made by such nations that replace 
        expenditures that would otherwise be made by the 
        Secretary using funds appropriated or otherwise made 
        available in defense appropriations Acts.

SEC. 1305. PAYMENTS-IN-KIND FOR RELEASE OF UNITED STATES OVERSEAS 
                    MILITARY FACILITIES TO NATO HOST COUNTRIES.

    (a) Findings.--Congress makes the following findings:
          (1) The United States has invested $6,500,000,000 in 
        military infrastructure in North Atlantic Treaty 
        Organization (NATO) countries.
          (2) As part of an overall plan to reduce United 
        States troop strength overseas, the Department of 
        Defense plans to close, or reduce United States 
        military presence at, 867 military sites outside the 
        United States.
          (3) Most of the military sites outside the United 
        States announced for closure are in Europe, where the 
        United States has already closed 434 such sites while 
        carrying out a reduction in troop strength in Europe 
        from 323,432 in 1987 to approximately 100,000 by the 
        end of fiscal year 1996.
          (4) When the United States closes military sites in 
        Europe, it leaves buildings, roads, sewers, and other 
        real property improvements behind.
          (5) Some of the European NATO allies have agreed to 
        pay the United States for the residual value of the 
        real property improvements left behind.
          (6) Although the United States military drawdown has 
        been rapid since 1990, European allies have been slow 
        to pay the United States the residual value of the 
        sites released by the United States.
          (7) As of 1994, the United States has recouped only 
        $33,300,000 in cash, most of which was recovered in 
        1989.
          (8) Although the United States has released to 
        Germany over 60 percent of the military sites planned 
        for closure by the United States in that country and 
        the current value of United States facilities to be 
        returned to the German government is estimated at 
        approximately $2,700,000,000, the German government has 
        budgeted only $25,000,000 for fiscal year 1994 for 
        payment of compensation for the United States 
        investment in those facilities.
    (b) Policy.--It is the sense of Congress that--
          (1) the President should redouble efforts to recover 
        the value of the United States investment in the 
        military infrastructure in NATO countries;
          (2) the President should enter into negotiations with 
        the government of each NATO host country with a 
        presumption that payments to compensate the United 
        States for the negotiated value of improvements will be 
        made in cash and deposited in the Department of Defense 
        Overseas Military Facility Investment Recovery Account;
          (3) the President should enter into negotiations for 
        payments-in-kind only as a last resort and only after 
        informing the Congress that negotiations for cash 
        payments have not been successful; and
          (4) to the extent that in-kind contributions are 
        received in lieu of cash payments in any fiscal year, 
        the in-kind contributions should be used for projects 
        that are identified priorities of the Department of 
        Defense.
    (c) * * *

SEC. 1306.\8\ GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES.

    (a) Waiver of Charges.--The Secretary of Defense may waive 
reimbursement of the costs of conferences, seminars, courses of 
instruction, or similar educational activities of the George C. 
Marshall European Center for Security Studies for military 
officers and civilian officials from states located in Europe 
or the territory of the former Soviet Union \9\ if the 
Secretary determines that attendance by such personnel without 
reimbursement is in the national security interest of the 
United States.
---------------------------------------------------------------------------
    \8\ 10 U.S.C. 113 note. Sec. 903(c)(1) of Public Law 109-163 (119 
Stat. 3399) struck out subsec. (a), redesignated subsec. (b) as subsec. 
(a), struck out para. designation ``(1)'' in redesignated subsec. (a), 
and redesignated para. (2) as new subsec. (b). Sec. 903(a)(1) of that 
Act added a new sec. 2611 to title 10 U.S.C., relating to regional 
centers for security studies and acceptance of gifts and donations, 
including the George C. Marshall European Center for Security Studies.
    \9\ Sec. 1223 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 117 Stat. 1652) struck out ``of 
cooperation partner states of the North Atlantic Cooperation Council or 
the Partnership for Peace'' and inserted in lieu thereof ``from states 
located in Europe or the territory of the former Soviet Union''.
---------------------------------------------------------------------------
    (b) \10\ Source of Funds.--Costs for which reimbursement is 
waived pursuant to subsection (a) \10\ shall be paid from 
appropriations available for the Center.
---------------------------------------------------------------------------
    \10\ Sec. 903(c)(1) of Public Law 109-163 (119 Stat. 3399) inserted 
``Source of Funds.--'' before ``Costs for'' in the newly designated 
subsec. (b), and struck out ``paragraph (1) and inserted in lieu 
thereof ``subsection (a)''.
---------------------------------------------------------------------------

SEC. 1307. SENSE OF THE SENATE CONCERNING PARTICIPATION IN ALLIED 
                    DEFENSE COOPERATION.

    It is the sense of the Senate that the President should use 
existing authorities to the greatest extent possible to 
authorize the provision of the following types of assistance 
and cooperation to countries that are participating in the 
Partnership for Peace and are making significant progress in 
working with the North Atlantic Treaty Organization:
          (1) Defense articles and services, as defined in the 
        Foreign Assistance Act of 1961 and the Arms Export 
        Control Act.
          (2) Loan of materials, supplies, and equipment for 
        research and development purposes.
          (3) Leases and loans of major defense equipment and 
        other defense articles.
          (4) Cooperative military airlift agreements.
          (5) The procurement of communications support and 
        related supplies and services.
          (6) Actions to standardize equipment with North 
        Atlantic Treaty Organization members.

           Subtitle B--Matters Relating to Several Countries

SEC. 1311. LIMITATION ON OBLIGATION OF FUNDS FOR OVERSEAS BASING 
                    ACTIVITIES.

    (a) Limitation.--The total amount authorized to be 
appropriated to the Department of Defense for operation and 
maintenance and for military construction (including 
construction and improvement of military family housing) that 
is obligated to conduct overseas basing activities during 
fiscal year 1995 may not exceed $8,181,000,000, except to the 
extent provided by the Secretary of Defense under subsection 
(b).
    (b) Exception.--The Secretary of Defense may increase the 
amount of the limitation under subsection (a) by such amount as 
the Secretary determines to be necessary in the national 
interest, except that such increase may not exceed 
$400,000,000. The Secretary may not make any such increase 
until the Secretary notifies the Congress of the Secretary's 
intent to make such an increase and a period of 15 days elapses 
after the day on which the notification is received by the 
Congress.
    (c) Allocations of Savings.--Any amounts appropriated to 
the Department of Defense for fiscal year 1995 for the purposes 
covered by subsection (a) that are not available to be used for 
those purposes by reason of the limitation in that subsection 
shall be allocated by the Secretary of Defense for operation 
and maintenance and for military construction activities of the 
Department of Defense at military installations and facilities 
located inside the United States.
    (d) Definition.--In this section, the term ``overseas 
basing activities'' has the meaning given such term in section 
1401(d)(2) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1825), except that 
such term does not include activities of the Department of 
Defense for which funds are provided through appropriations for 
Military Personnel.

SEC. 1312. CLARIFICATION AND CODIFICATION OF OVERSEAS MILITARY END 
                    STRENGTH LIMITATION.

    (a) In General.--(1) Chapter 3 of title 10, United States 
Code, is amended by inserting after section 123a the following 
new section:

``Sec. 123b. Forces stationed abroad: limitation on number * * *''

    (b) Effective Date.--Section 123b of title 10, United 
States Code, as added by subsection (a), does not apply with 
respect to a fiscal year before fiscal year 1996.
    (c) Conforming Repeal.--Section 1302 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2545) is repealed.

SEC. 1313.\11\ COST-SHARING POLICY AND REPORT.

    (a) Policy.--It is the policy of the United States that the 
North Atlantic Treaty Organization (NATO) allies should assist 
the United States in paying the incremental costs incurred by 
the United States for maintaining members of the Armed Forces 
in assignments to permanent duty ashore in European member 
nations of NATO solely for support of NATO roles and missions.
---------------------------------------------------------------------------
    \11\ 10 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (b) Implementation.--The President shall take all necessary 
actions to ensure the effective implementation of the policy 
set forth in subsection (a).
    (c) Report.--The Secretary of Defense shall include in the 
annual report required by section 1002(d) of the Department of 
Defense Authorization Act, 1985 (22 U.S.C. 1928 note) the 
following:
          (1) A description of the United States military 
        forces assigned to permanent duty ashore in European 
        member nations of NATO and an analysis of the cost of 
        providing and maintaining such forces in such 
        assignment primarily for support of NATO roles and 
        missions.
          (2) A description of the United States military 
        forces assigned to permanent duty ashore in European 
        member nations of NATO primarily in support of other 
        United States interests in other regions of the world 
        and an analysis of the cost of providing and 
        maintaining such forces in such assignment primarily 
        for that purpose.
          (3) A specific enumeration and description of the 
        offsets to United States costs of providing and 
        maintaining United States military forces in Europe 
        that the United States received from other NATO member 
        nations in the fiscal year covered by the report, set 
        out by country and by type of assistance, including 
        both in-kind assistance and direct cash reimbursement, 
        and the projected offsets for the five fiscal years 
        following the fiscal year covered by the report.
    (d) Incremental Costs Defined.--For purposes of subsection 
(a), the definition provided for the term ``incremental costs'' 
in section 1046 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993, as added by subsection (e), shall 
apply with respect to maintaining members of the Armed Forces 
in assignments to permanent duty ashore in European member 
nations of NATO in the same manner as such term applies with 
respect to permanent stationing ashore of United States forces 
in foreign nations for purposes of subsection (e)(4) of such 
section 1046.
    (e) Definition for Reporting Requirement.--Section 1046 of 
the National Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102-190; 105 Stat. 1466; 22 U.S.C. 1928 
note) is amended by adding at the end the following new 
subsection: * * *

SEC. 1314. REPORT ASSESSING THE NATIONAL SECURITY CONSEQUENCES OF 
                    UNITED STATES MILITARY COOPERATION PROGRAMS.

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report assessing the national security consequences 
of United States military cooperation programs. The report 
shall be submitted not later than the date of the submission to 
Congress of the next annual report of the Secretary of Defense 
submitted under section 113 of title 10, United States Code, 
after the date of the enactment of this Act.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include the following:
          (1) A description of cooperative military 
        relationships in effect.
          (2) A description of how activities under those 
        relationships are intended to improve United States 
        national security.
          (3) An assessment of the risks to the United States 
        associated with engaging in military cooperation 
        programs with foreign countries should the government 
        of any of such country change its political orientation 
        in a manner hostile to United States interests.
          (4) An analysis of the effect on United States 
        national security of possible multilateral actions to 
        reduce the military capability of governments and 
        military forces that could pose a future threat to 
        United States interests.
          (5) An assessment of any implications for regional 
        security effected by existing cooperative military 
        relationships.
    (c) Form of Report.--The report under subsection (a) shall 
be submitted in unclassified form and, to the extent necessary, 
in classified form.

SEC. 1315. REVIEW AND REPORT REGARDING DEPARTMENT OF DEFENSE PROGRAMS 
                    RELATING TO REGIONAL SECURITY AND HOST NATION 
                    DEVELOPMENT IN THE WESTERN HEMISPHERE.

    (a) Findings.--Congress makes the following findings:
          (1) The political environment in the Western 
        Hemisphere has been characterized in recent years by 
        significant democratic advances and an absence of 
        international strife, but democracy in some nations of 
        the region is fragile.
          (2) It is desirable for the Department of Defense to 
        perform a positive role in influencing the defense 
        establishments and military forces of nations in the 
        Western Hemisphere to make positive contributions to 
        the democratic process and to domestic development 
        programs of their respective nations.
          (3) Congress receives a number of annual reports 
        relating to specific authorities granted to the 
        Secretary of Defense under title 10, United States 
        Code, such as the authorities relating to the conduct 
        of bilateral or regional cooperation programs under 
        section 1051 of that title, participation of developing 
        countries in combined exercises under section 2010 of 
        that title, and the training of special operations 
        forces with friendly forces under section 2011 of that 
        title.
          (4) The annual reports are replete with statistics 
        and dollar figures and generally lacking in substance.
          (5) Congress does not receive annual reports with 
        respect to other authorities of the Secretary of 
        Defense, such as that relating to Latin American 
        cooperation under section 1050 of title 10, United 
        States Code.
          (6) Testimony before Congress (including in 
        particular the testimony of the commander of the United 
        States Southern Command and the commander of the United 
        States Atlantic Command) has emphasized the conduct of 
        a large number of complementary programs under the 
        leadership and supervision of those two commanders to 
        foster appropriate military roles in democratic host 
        nations and to assist countries in developing forces 
        properly trained to address their security needs, 
        including needs regarding illegal immigration, 
        insurgencies, smuggling of illegal arms, munitions, and 
        explosives across borders, and drug trafficking.
          (7) Most of the programs referred to in paragraph (6) 
        provide excellent and often unique training and 
        experience to the United States forces involved.
          (8) Military-to-military contact programs in the 
        Western Hemisphere provide another tool to encourage a 
        democratic orientation of the defense establishments 
        and military forces of countries in the region.
          (9) There is a need for the Secretary of Defense to 
        conduct a comprehensive review of the several 
        authorities in title 10, United States Code, for the 
        Secretary of Defense to engage in cooperative regional 
        security programs with other countries in the Western 
        Hemisphere in order to determine whether the 
        authorities continue to be appropriate and necessary, 
        particularly in the light of the changed circumstances 
        in the region.
          (10) There is a need for the Secretary of Defense to 
        conduct a comprehensive review of various programs 
        carried out pursuant to such authorities to ensure that 
        such programs are designed to meet the needs of the 
        host nations involved and the regional strategic and 
        foreign policy objectives of the United States, 
        including promotion of sustainable development, 
        effective control of the military by elected civilian 
        authorities, reliable regional security accords, and 
        the appropriate role for militaries in democratic 
        societies.
          (11) There is a need for the Secretary of Defense to 
        assess the strengths and weaknesses of the various 
        regional security organizations, defense forums, and 
        defense education institutions in the Western 
        Hemisphere in order to identify any improvements needed 
        to harmonize the defense policies of the United States 
        and those of friendly nations of the region.
    (b) Review and Report.--Not later than May 1, 1995, the 
Secretary of Defense, shall--
          (1) in consultation with the Chairman of the Joint 
        Chiefs of Staff and the commanders of the combatant 
        commands responsible for regions in the Western 
        Hemisphere, carry out a comprehensive review and 
        assessment of the matters referred to in paragraphs 
        (2), (9), (10), and (11) of subsection (a); and
          (2) submit to Congress a report on the review and 
        assessment carried out pursuant to paragraph (1).
    (c) Content of Report.--The report shall contain a detailed 
and comprehensive description, discussion, and analysis of the 
following:
          (1) The Department of Defense plan to support United 
        States strategic objectives in the Western Hemisphere.
          (2) The external and internal threats to the national 
        security of the nations of the region.
          (3) The various regional security cooperative 
        programs carried out by the Department of Defense in 
        the region in 1994, including training and education 
        programs in the host nations and in the United States 
        and defense contacts set forth on a country-by-country 
        basis, the statutory authority, if any, for such 
        programs, and the strategic objectives served.
          (4) The various regional security organizations, 
        defense forums, and defense education institutions that 
        the United States maintains or in which the United 
        States participates.
          (5) The contribution that such programs, defense 
        contacts, organizations, forums, and institutions make 
        to the advancement of regional security, host nation 
        security and national development, United States 
        strategic objectives, and United States foreign policy 
        objectives as described in paragraph (10) of subsection 
        (a).
          (6) United States humanitarian civic assistance and 
        civic action programs conducted with host countries in 
        the region and the effect that those programs have had 
        in furthering the objectives described in paragraph 
        (10) of subsection (a).
          (7) The changes made or to be made in the programs, 
        organizations, forums, and institutions referred to in 
        paragraphs (3), (4), (5), and (6) as a result of the 
        comprehensive review.
    (d) Recommended Legislation.--The report shall include any 
recommendations for legislation that the Secretary considers 
necessary to improve the ability of the Department to achieve 
its strategic objectives in the Western Hemisphere.
    (e) Classification of Report.--The report shall be 
submitted in an unclassified form and may, if necessary, have a 
classified supplement.

SEC. 1316. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

    (a) Activities Authorized.--(1) Chapter 6 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 168. Military-to-military contacts and comparable activities * * 
                    *'' 

    (b) Fiscal Year 1995 Funding.--Of the amount authorized to 
be appropriated under section 301(5) for operation and 
maintenance for Defense-wide activities, $46,300,000 shall be 
available to the Secretary of Defense for the purposes of 
carrying out activities under section 168 of title 10, United 
States Code, as added by subsection (a).
    (c) Fiscal Year 1995 Active Duty End Strengths.--(1) A 
member of a reserve component described in paragraph (2) shall 
not be counted (under section 115(a)(1) of title 10, United 
States Code) against the applicable end strength limitation for 
members of the Armed Forces on active duty for fiscal year 1995 
prescribed in section 401.
    (2) Paragraph (1) applies in the case of a member of a 
reserve component who is on active duty under a call or order 
to active duty for 180 days or more for activities under 
section 168 of title 10, United States Code, as added by 
subsection (a).
    (d) Report.--Not later than February 15, 1995, the 
Secretary of Defense shall submit to Congress a report on the 
management structure of the military-to-military contacts 
program.
          * * * * * * *

           Subtitle C--Matters Relating to Specific Countries

SEC. 1321. DEFENSE COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.

    (a) Findings.--Congress makes the following findings:
          (1) The President has reiterated the long-standing 
        United States commitment to maintaining the qualitative 
        superiority of the Israeli Defense Force over any 
        combination of adversaries.
          (2) Congress continues to recognize the many benefits 
        to the United States from its strategic relationship 
        with Israel, including enhancing regional stability and 
        technical cooperation.
          (3) Despite the momentous peace process in which 
        Israel and its neighbors are productively engaged, 
        Israel continues to face difficult threats to its 
        national security that are compounded by the 
        proliferation of weapons of mass destruction and 
        ballistic missiles.
          (4) Congress is supportive of the objective of the 
        President to enhance United States-Israel military and 
        technical cooperation, particularly in the areas of 
        missile defense and counter-proliferation.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should ensure that any conventional 
        defense system or technology offered for release to any 
        NATO or other major non-NATO ally should concurrently 
        be available for purchase by Israel unless such action 
        would contravene United States national interests; and
          (2) the President should make available to Israel, 
        within existing technology transfer laws, regulations, 
        and policies, advanced United States technology 
        necessary for continued progress in cooperative United 
        States-Israel research and development of theater 
        missile defenses.

SEC. 1322. READINESS OF MILITARY FORCES OF THE REPUBLIC OF KOREA.

    (a) Findings.--Congress makes the following findings:
          (1) Under existing security arrangements between the 
        United States and the Republic of Korea, responsibility 
        for the defense of the territory of the Republic of 
        Korea is allocated so that the Republic of Korea has 
        primary responsibility for the ground defense of its 
        territory and the United States has primary 
        responsibility for air and sea defense of the Korean 
        peninsula and for reinforcement.
          (2) The Force Improvement Program of the Republic of 
        Korea has not fully addressed critical shortfalls in 
        its ground force capability which continue to exist 
        even though the Republic of Korea spends approximately 
        $12,000,000,000 annually on defense while the 
        Democratic People's Republic of Korea spends 
        approximately $4,000,000,000 annually on defense. The 
        Republic of Korea has directed substantial defense 
        resources to procuring submarines, destroyers, advanced 
        aircraft, and other military systems that are marginal 
        to its primary ground defense responsibility.
          (3) The defense acquisition decisions of the Republic 
        of Korea have had the effect of not allowing the 
        Republic of Korea to attain self-sufficiency in its 
        ground defense responsibility. As a result, there 
        exists an undue burden on the United States for the 
        ground defense of the Korean peninsula.
          (4) The lack of intelligence capability to forecast 
        the military intentions of the Democratic People's 
        Republic of Korea presents major problems for the 
        combined United States-Republic of Korea defense of 
        South Korea.
          (5) A short-warning attack by the Democratic People's 
        Republic of Korea would cause major losses to the 
        combined United States-Republic of Korea ground force.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should urge the Republic of Korea to continue to 
improve its military ground forces with emphasis on 
counterartillery capabilities, defense against ballistic 
missiles and weapons of mass destruction, combined United 
States-Republic of Korea logistics capabilities, combined 
United States-Republic of Korea medical support, and combined 
United States-Republic of Korea capabilities for tactical 
intelligence and indications and warning of a North Korean 
attack.
    (c) Report.--Not later than January 15, 1995, the Secretary 
of Defense shall submit to Congress a report, in classified 
form, on--
          (1) the readiness of the military forces of the 
        Republic of Korea to defeat an attack by the military 
        forces of the Democratic People's Republic of Korea; 
        and
          (2) the adequacy of the defense acquisition strategy 
        of the Republic of Korea to meet its primary ground 
        defense mission.

SEC. 1323. MILITARY PLANNING FOR THE SIZE AND STRUCTURE OF A FORCE 
                    REQUIRED FOR A MAJOR REGIONAL CONTINGENCY ON THE 
                    KOREAN PENINSULA.

    (a) Findings.--Congress makes the following findings:
          (1) The Secretary of Defense conducted the Bottom-Up 
        Review during 1993 to establish the size and structure 
        for the Armed Forces for the Post-Cold-War era.
          (2) The report on the Bottom-Up Review cites the need 
        for the Armed Forces to be large enough to prevail in 
        two major regional conflicts ``nearly simultaneously''.
          (3) The report on the Bottom-Up Review gives special 
        consideration to a scenario that hypothesizes that the 
        two ``nearly simultaneous'' conflicts would occur in 
        Korea and the Persian Gulf.
          (4) The United States sent 7 Army divisions, the 
        equivalent of 10 Air Force tactical fighter wings, 70 
        heavy bombers, 6 Navy aircraft carrier battle groups, 
        and 5 Marine Corps brigades to the Persian Gulf to 
        fight the war against Iraq.
          (5) The report on the Bottom-Up Review asserts that 
        the forces needed to fight two conflicts similar to 
        that with Iraq can be drawn from a total military force 
        of between 15 and 16 Army divisions, 20 Air Force 
        tactical fighter wings, up to 184 heavy bombers, 11 
        active Navy aircraft carriers (along with one reserve/
        training carrier), and the equivalent of 12 Marine 
        Corps brigades.
          (6) The report on the Bottom-Up Review recognizes 
        that approximately 100,000 members of the Armed Forces 
        will be stationed in Europe.
          (7) The report on the Bottom-Up Review recognizes 
        that sizeable numbers of United States forces could be 
        involved in peace enforcement and intervention 
        operations at any one time.
          (8) The report on the Bottom-Up Review makes no 
        specific recommendation as to the number of forces to 
        be held in reserve to provide a rotation base either to 
        relieve troops in the event one or both hypothetical 
        conflicts result in lengthy deployments or to replace 
        combat losses.
          (9) Military planners calculate that 430,000 or more 
        United States military personnel may be needed to win a 
        war with North Korea begun by an invasion of South 
        Korea by North Korea.
          (10) In a worst case scenario, the size of the force 
        military planners may request to help defend South 
        Korea could exceed the levels that are consistent with 
        the recommendations of the report on the Bottom-Up 
        Review if the existing and future force requirements 
        for a presence in Europe, possible peace enforcement 
        operations, and an adequate rotation base, as well as a 
        second regional conflict, must be fulfilled 
        simultaneously.
          (11) The Bottom-Up Review was conducted for the 
        purpose of force-sizing and was not meant to constrain 
        operational planning.
    (b) Sense of Congress Concerning BUR.--It is the sense of 
Congress that--
          (1) the force structure identified in the report on 
        the Bottom-Up Review should not be used to limit the 
        size or structure of the force that United States 
        military commanders may request in preparation for a 
        major regional contingency on the Korean peninsula; and
          (2) the conclusions of the Bottom-Up Review should be 
        continuously examined in light of the lessons learned 
        from preparation for a major regional contingency on 
        the Korean peninsula and from other military 
        operations.
    (c) Sense of Congress Concerning Situation on Korean 
Peninsula.--It is the sense of Congress that the chairmen and 
ranking minority members of the Committees on Armed Services 
and chairmen and ranking minority members of the Appropriations 
Subcommittees on Defense of the Senate and House of 
Representatives \12\ should receive regular briefings from the 
Secretary of Defense on the situation on the Korean peninsula.
---------------------------------------------------------------------------
    \12\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------

SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR 
                    WEAPONS DEVELOPMENT PROGRAM.

    (a) Findings.--Congress makes the following findings:
          (1) Between 1950 and 1953, the United States led a 
        military coalition that successfully repelled an 
        invasion of the Republic of Korea by North Korea, at a 
        cost of more than 54,000 American lives.
          (2) The United States and the Republic of Korea 
        ratified a Mutual Security Treaty in 1954 that commits 
        the United States to helping the Republic of Korea 
        defend itself against external aggression.
          (3) Approximately 37,000 United States military 
        personnel are presently stationed in the Republic of 
        Korea.
          (4) The United States and the Republic of Korea have 
        regularly conducted joint military exercises, including 
        ``Team Spirit'' exercises.
          (5) North Korea has built up an armed force nearly 
        twice the size of that in the Republic of Korea and has 
        not renounced the use of force, terrorism, and 
        subversion in its attempts to subdue and subjugate the 
        Republic of Korea.
          (6) Although North Korea signed the Treaty on the 
        Non-Proliferation of Nuclear Weapons in 1985, it has 
        impeded the international inspection of its nuclear 
        facilities that is required of all signatories of that 
        Treaty.
          (7) North Korea's nuclear weapons and ballistic 
        missile programs represent a grave threat to the 
        security of the Korean peninsula and the entire world.
          (8) Efforts in recent years by the United States to 
        reduce tensions on the Korean peninsula have included--
                  (A) the withdrawal of all nuclear weapons 
                from the territory of the Republic of Korea and 
                a reduction in the number of United States 
                military personnel stationed there;
                  (B) the postponement of the 1994 Team Spirit 
                exercises;
                  (C) the establishment of direct diplomatic 
                contacts with the North Korean government; and
                  (D) the offer of expanded diplomatic and 
                economic contacts with North Korea.
          (9) Weapons-grade plutonium can be extracted from the 
        fuel rods removed from North Korea's principal reactor 
        at Yongbyon.
          (10) International inspectors were not permitted to 
        examine and test in a timely manner spent fuel rods 
        removed from North Korea's principal nuclear reactor at 
        Yongbyon, as required to ensure compliance with North 
        Korea's obligations under the Nuclear Non-Proliferation 
        Treaty.
          (11) Diplomacy concerning the North Korean nuclear 
        program has clearly reached a crucial stage, the 
        unsatisfactory resolution of which would place the 
        international nonproliferation regime in jeopardy and 
        threaten the peace and security of the Korean 
        peninsula, the Northeast Asia region, and, by 
        extension, the rest of the world.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the announced freeze on the North Korean nuclear 
        program should remain in place until internationally 
        agreed-upon safeguards of any North Korean civilian 
        nuclear program can be made fully effective;
          (2) the North Korean government should take a further 
        step toward verified cooperation with the international 
        nonproliferation regime by--
                  (A) permitting the unfettered international 
                inspection and testing of the spent fuel rods 
                removed from North Korea's nuclear reactor at 
                the Yongbyon nuclear complex, followed by 
                adequate international supervision of the 
                transfer of all spent fuel rods from the 
                Yongbyon complex and their disposal in another 
                country; and
                  (B) accepting a comprehensive inspection 
                process as required by the Treaty on the Non-
                Proliferation of Nuclear Weapons;
          (3) a resolution of the inspection controversy at the 
        Yongbyon complex that allows for anything less than the 
        full international inspection of facilities in that 
        complex required by North Korea's obligations under the 
        Nuclear Non-Proliferation Treaty--
                  (A) would be unsatisfactory; and
                  (B) should prompt the Government of the 
                United States to take such action as would 
                indicate the severity with which the United 
                States views this provocation against 
                international norms; and
          (4) such action should include (but not necessarily 
        be limited to)--
                  (A) the seeking of international sanctions 
                against North Korea; and
                  (B) the rescheduling of the Team Spirit 
                exercises for 1994.

SEC. 1325. REPORT ON SECURITY RELATIONSHIP BETWEEN THE UNITED STATES 
                    AND JAPAN.

    (a) Report Required.--Not later than March 1, 1995, the 
Secretary of Defense shall submit a report to Congress 
regarding the security relationship between the United States 
and Japan.
    (b) Content of Report.--The report required by this section 
shall contain the following:
          (1) An evaluation of the security objectives that the 
        United States hopes to achieve in its relationship with 
        Japan.
          (2) An analysis of the threats, dangers, and risks to 
        the United States and Japan in the Asia-Pacific region.
          (3) An explanation of the United States strategy for 
        achieving its security objectives with Japan and in the 
        Asia-Pacific region.
          (4) An evaluation of the role of the United States-
        Japan Security Treaty in achieving United States 
        security objectives with Japan and in the Asia-Pacific 
        region.
          (5) An analysis of the contributions that regional 
        security discussions, consultations, or frameworks 
        could make to the achievement of United States and 
        Japanese security objectives.
          (6) A discussion of the process by which the United 
        States and Japan address joint infrastructure matters, 
        such as land and training issues, throughout Japan, 
        including Okinawa.
          (7) A description of the United States military 
        facilities in Japan, including Okinawa, that have been 
        transferred to Japan in the previous 10 years.
          (8) A description of the contribution that Japan 
        makes to the costs incurred by the United States in 
        stationing military forces in Japan.
          (9) A review of the United States military presence 
        in Japan, including Okinawa, that contains the 
        following information:
                  (A) The number and location of United States 
                personnel.
                  (B) The number, size, and location of major 
                United States military units.
                  (C) An inventory and description of the 
                utilization of United States military 
                facilities, including their military, economic, 
                and environmental aspects.
                  (D) An explanation of the status of 
                discussion between the United States and 
                Japanese governments on joint infrastructure 
                matters.
                  (E) A description of United States training 
                activities.

   TITLE XIV--PEACE OPERATIONS AND HUMANITARIAN ASSISTANCE ACTIVITIES

                      Subtitle A--Peace Operations

SEC. 1401. REPORTS ON REFORMING UNITED NATIONS PEACE OPERATIONS.

    (a) Reports Required.--The Secretary of Defense shall 
submit to Congress two reports on proposals by the United 
States for improving management by the United Nations of peace 
operations. The Secretary shall submit the first report not 
later than December 1, 1994, and the second not later than June 
1, 1995.
    (b) Status of Implementation of United States Proposals.--
Each report shall contain--
          (1) a discussion of the status of implementation of 
        proposals by the United States contained in section IV 
        (relating to strengthening the United Nations) of the 
        document entitled ``The Clinton Administration's Policy 
        on Reforming Multilateral Peace Operations'' that was 
        issued by the Executive Office of the President in May 
        1994; and
          (2) an analysis of the results of such 
        implementation.
    (c) Subjects To Be Covered.--Each report shall cover, at a 
minimum, the following matters:
          (1) The reconfiguration and expansion of the staff 
        for the United Nations Department of Peacekeeping 
        Operations.
          (2) The reasons for lengthy, potentially disastrous 
        delays after a peace operation has been authorized and 
        steps by the United Nations to reduce those delays.
          (3) The establishment by the United Nations of a 
        professional peace operations training program for 
        commanders and other military and civilian personnel.
          (4) Assistance by the United States to facilitate 
        improvements by the United Nations in the matters 
        described in paragraphs (1) and (3) and the terms under 
        which such assistance has been or is being provided.
    (d) Peace Operation Defined.--In this section, the term 
``peace operation'' means an operation to maintain or restore 
international peace and security under chapter VI or chapter 
VII of the Charter of the United Nations.

SEC. 1402. REPORT ON MILITARY READINESS IMPLICATIONS OF BOSNIA 
                    PEACEKEEPING DEPLOYMENT.

    (a) Report.--(1) The Secretary of Defense shall submit to 
the congressional defense committees a report assessing the 
implications for United States military readiness of the 
participation of United States ground combat forces in 
peacekeeping operations within Bosnia-Hercegovina.
    (2) The report shall be submitted not later than 90 days 
after the date of the enactment of this Act or 30 days 
following the deployment of United States ground forces to 
Bosnia-Hercegovina, whichever occurs sooner.
    (b) Matters To Be Included.--The report under subsection 
(a) shall include the following:
          (1) An estimate of the total number of forces 
        required to carry out such an operation, including 
        forces required for a rotation base.
          (2) An estimate of the expected duration of such an 
        operation.
          (3) An estimate of the cost of such an operation, 
        together with an explanation of how the Secretary 
        proposes to provide funds for such an operation and an 
        assessment of how such proposed funding plan would 
        affect overall military readiness.
          (4) An assessment of the effect such an operation 
        would have on the ability of the United States Armed 
        Forces to execute successfully the two nearly-
        simultaneous major regional conflict strategy 
        articulated in the Bottom-Up Review.
          (5) An assessment of how readily forces participating 
        in such an operation could be redeployed to a major 
        regional conflict, including an analysis of the 
        availability of strategic lift, the likely condition of 
        equipment, and the extent of retraining necessary to 
        facilitate such a redeployment.
          (6) An assessment of the effect such an operation 
        would have on the general combat readiness and 
        deployability of combat units designated to be part of 
        the contingency force, including the extent to which 
        contingency force combat units would support the 
        initial deployment and subsequent rotations.
          (7) An assessment of the effect such an operation 
        would have on the general combat readiness and 
        deployability of combat units not designated to be part 
        of the contingency force, including the extent to which 
        non-contingency force combat units would support the 
        initial deployment and subsequent rotations.
          (8) For the initial deployment and subsequent 
        rotations, an assessment of the number and type of 
        combat support and combat service support units 
        required from active forces, including how many of such 
        units are designated to support the deployment of the 
        contingency force.
          (9) An assessment of the degree to which such an 
        operation would require the use of reserve component 
        units and personnel and the use and timing of 
        involuntary Selected Reserve call-up authority as 
        provided by section 673b of title 10, United States 
        Code.
          (10) An assessment of the anticipated cost of 
        equipment refurbishment resulting from such an 
        operation.
          (11) An assessment of how the increased operational 
        tempo associated with such an operation would affect 
        the mission capable readiness rates and overall health 
        of both strategic and theater airlift assets.
    (c) Definitions.--For purposes of this section:
          (1) The term ``contingency force'' includes--
                  (A) the set of four or five Army divisions 
                that is designated as the Army contingency 
                force by the Secretary of the Army, as well as 
                Army active duty and reserve component combat, 
                combat support, and combat service support 
                units designated to respond to a regional 
                conflict within the first 75 days of such 
                conflict; and
                  (B) Air Force, Navy, and Marine Corps active 
                duty and reserve component combat, combat 
                support, and combat service support units 
                designated to respond to a regional conflict 
                within the first 75 days of such conflict.
          (2) The term ``Bottom-Up Review'' means the October 
        1993 Department of Defense report entitled ``Report on 
        the Bottom-Up Review''.
    (d) Classification of Report.--The report required by 
subsection (a) shall be submitted in unclassified form and, if 
necessary, in classified form.

SEC. 1403. REPORT ON INTELLIGENCE LESSONS LEARNED FROM UNITED STATES 
                    ACTIVITIES IN SOMALIA.

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report on the intelligence lessons learned from the 
United States participation in United Nations activities in 
Somalia.
    (b) Matters To Be Included.--The report shall--
          (1) specifically describe the availability of 
        intelligence on forces of other nations and of 
        indigenous forces operating in Somalia before, during, 
        and after the insertion of United States forces; and
          (2) set forth a complete review of any intelligence 
        failures, any equipment failures, and any equipment 
        unavailability in the theater.
    (c) Submission of Report.--The report shall be submitted 
not later than 180 days after the date of the enactment of this 
Act.

SEC. 1404. BOSNIA AND HERCEGOVINA.

    (a) Purpose.--It is the purpose of this section--
          (1) to express the sense of Congress concerning the 
        international efforts to end the conflict in Bosnia and 
        Hercegovina; and
          (2) to establish a process to end the arms embargo on 
        the Government of Bosnia and Hercegovina.
    (b) Statement of Support.--The Congress supports the 
efforts of the Contact Group to bring about a peaceful 
settlement of the conflict in Bosnia and Hercegovina based upon 
the Contact Group proposal.
    (c) Sense of Congress.--It is the sense of Congress that:
          (1) The United States should work with the member 
        nations of the North Atlantic Treaty Organization and 
        with other permanent members of the United Nations 
        Security Council to bring about a peaceful settlement 
        of the conflict in Bosnia and Hercegovina which 
        maintains the territorial integrity of Bosnia and 
        Hercegovina.
          (2) A peaceful settlement of the conflict must 
        preserve an economically, politically, and militarily 
        viable Bosnian state capable of exercising its rights 
        under the Charter of the United Nations as part of a 
        peaceful settlement, which rights include the inherent 
        right of a sovereign state to self defense.
          (3) The acceptance of the Contact Group proposal by 
        the Government of Bosnia and Hercegovina should lead to 
        the lifting of the Bosnia arms embargo.
          (4) In providing weapons to the Bosnian Government or 
        taking other actions, care should be taken to provide 
        for the safety of the United Nations Protection Force 
        (UNPROFOR) and the civilian personnel working for the 
        United Nations or nongovernmental volunteer 
        organizations.
          (5) The United States should immediately seek to 
        organize an international effort to provide assistance 
        to the states bordering Serbia and Montenegro to bring 
        about more effective enforcement by those states of the 
        international economic sanctions on the Government of 
        Serbia and Montenegro.
    (d) General United States Policy.--The United States should 
exercise leadership within the international community to cause 
the Bosnian Serb faction to accept the Contact Group proposal. 
Such action should be taken on separate but complementary 
international and unilateral tracks, as set forth in 
subsections (e), (f), and (g).
    (e) International Policy.--If the Bosnian Serbs do not 
accept the Contact Group proposal by the date that is the later 
of October 15, 1994, or the end of the 10-day period beginning 
on the date of the enactment of this Act, the President (or his 
representative) should, not later than 14 days thereafter, 
formally introduce and support in the United Nations Security 
Council a resolution to terminate the Bosnia arms embargo. The 
resolution should provide for the termination of the arms 
embargo no later than December 1, 1994 (and may allow for the 
termination to be accomplished in stages ending no later than 
that date).
    (f) \13\ Unilateral United States Policy.--(1) If by the 
earlier of November 15, 1994, or the end of the 15-day period 
beginning on the date on which a resolution described in 
subsection (e) (or a similar resolution) is formally 
introduced, the United Nations Security Council has not agreed 
to such a resolution and the Bosnian Serbs have not accepted 
the Contact Group proposal--
---------------------------------------------------------------------------
    \13\ The President issued the following determination on November 
12, 1994:
    ``Pursuant to the authority provided in section 1404(f)(3)(A) of 
the National Defense Authorization Act for Fiscal Year 1995 (Public Law 
103-337) (the `Act'), I hereby determine that the limitation in section 
1404(f)(2) of the Act is waived in the case of U.S. military personnel 
serving in NATO headquarters positions, including the following:
---------------------------------------------------------------------------

  ``(1) All U.S. military personnel assigned to or performing duties at 
NATO Headquarters in Brussels, Belgium.

  ``(2) The Commanders and all U.S. military personnel assigned to or 
performing duties at the staffs of the Supreme Allied Commander, Europe or 
the Supreme Allied Commander, Atlantic.

  ``(3) The Commanders and all U.S. military personnel assigned to or 
performing duties at the staff of the Commander in Chief, Allied Forces 
Southern Europe.

  ``(4) Those U.S. Commanders and U.S. military personnel assigned to or 
performing duties at subordinate NATO headquarters staffs of the above 
listed staffs.

  ``(5) Those U.S. Commanders and other U.S. military personnel assigned to 
or performing duties at other Allied Forces Europe staffs, such as 
Commander in Chief, Allied Forces Central Europe.'' (Presidential 
Determination No. 95-4; 59 F.R. 64109).

          (A) the funding limitation specified in paragraph (2) 
        shall be in effect;
          (B) the President shall submit a plan to, and shall 
        consult with, Congress on the manner in which United 
        States Armed Forces and the military forces of friendly 
        states would provide training to the armed forces of 
        the Government of Bosnia and Hercegovina outside of the 
        territory of Bosnia and Hercegovina; and
          (C) the President shall submit a plan to, and shall 
        consult with, Congress regarding the unilateral 
        termination by the United States of compliance with the 
        Bosnia arms embargo and the implications thereof.
    (2) If the funding limitation specified in this paragraph 
is in effect pursuant to paragraph (1)(A), then no funds 
appropriated by any provision of law may be used for the 
purpose of participation in, support for, or assistance to the 
enforcement of the Bosnia arms embargo by any Department, 
agency or other entity of the United States (or by any officer 
or employee of the United States or member of the Armed Forces 
of the United States) other than as required of all United 
Nations member states under the United Nations Security Council 
resolution referred to in subsection (h)(3) and the Charter of 
the United Nations.
    (3)(A) The President may waive the limitation in paragraph 
(2) in the case of United States military personnel serving in 
NATO headquarters positions.
    (B) Nothing in paragraph (2) is intended to impede 
enforcement of sanctions against Serbia.
    (g) Interim Policy.--If the Bosnian Serb faction attacks 
any area within those areas that have been designated by the 
United Nations as ``safe areas'', the President (or his 
representative) should promptly formally introduce and support 
in the United Nations Security Council a resolution that 
authorizes a selective lifting of the Bosnia arms embargo in 
order to allow the provision of defensive weapons (such as 
anti-tank weapons, counter-battery radars, and mortars) to 
enable the forces of the Government of Bosnia and Hercegovina 
to defend the safe areas.
    (h) Definitions.--For purposes of this section:
          (1) The term ``Contact Group'' means the group 
        composed of representatives of the United States, 
        Russia, France, Britain, and Germany seeking to bring 
        about a peaceful settlement of the conflict in Bosnia 
        and Hercegovina.
          (2) The term ``Contact Group proposal'' means the 
        peace proposal of the Contact Group that has been 
        agreed to by the Government of Bosnia and Hercegovina 
        and rejected by the Bosnian Serb faction.
          (3) The term ``Bosnia arms embargo'' means 
        application to the Government of Bosnia and Hercegovina 
        of the arms embargo imposed by United Nations Security 
        Council resolution 713, of September 25, 1991.

                   Subtitle B--Assistance Activities

SEC. 1411. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.

    (a) OHDACA Programs.--For purposes of section 301 and other 
provisions of this Act, programs of the Department of Defense 
designated as Overseas Humanitarian, Disaster, and Civic Aid 
(OHDACA) programs are the programs provided by--
          (1) sections 401, 402, 2547, and 2551 of title 10, 
        United States Code;
          (2) section 404 of title 10, United States Code, as 
        added by section 1412; and
          (3) section 1413 of this Act.\14\
---------------------------------------------------------------------------
    \14\ Sec. 1413 of this Act was repealed by sec. 1313(c) of the 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106; 110 Stat. 475).
---------------------------------------------------------------------------
    (b) Limitation.--Not more than one-half of the amount 
authorized to be appropriated in section 301 for those programs 
may be obligated until the regulations required to be 
prescribed by subsection (a) of section 1504 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1839) have been prescribed.

SEC. 1412. FOREIGN DISASTER ASSISTANCE.

    (a) Authority.--Subchapter I of chapter 20 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * * \15\
---------------------------------------------------------------------------
    \15\ Sec. 1412 added a new sec. 404 to 10 U.S.C., relating to 
foreign disaster assistance.
    \16\ Formerly at 10 U.S.C. 401 note. Sec. 1313(c) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 475) repealed sec. 1413, which had provided as follows:
---------------------------------------------------------------------------

``sec. 1413. humanitarian assistance program for clearing landmines.
---------------------------------------------------------------------------

    ``(a) Program Authorized.--The Secretary of Defense shall carry out 
a program for humanitarian purposes to provide assistance to other 
nations in the detection and clearance of landmines. Such assistance 
shall be provided through instruction, education, training, and 
advising of personnel of those nations in the various procedures that 
have been determined effective for detecting and clearing landmines.
    ``(b) Forms of Assistance.--The Secretary may provide assistance 
under subsection (a) by--
---------------------------------------------------------------------------

  ``(1) providing Department of Defense personnel to conduct the 
instruction, education, or training or to furnish advice; or

  ``(2) providing financial assistance or in-kind assistance in support of 
such instruction, education, or training.
---------------------------------------------------------------------------

    ``(c) Limitation on United States Military Personnel.--The 
Secretary of Defense shall ensure that no member of the Armed Forces of 
the United States--
---------------------------------------------------------------------------

  ``(1) while providing assistance under subsection (a), engages in the 
physical detection, lifting, or destroying of landmines (unless the member 
does so for the concurrent purpose of supporting a United States military 
operation); or

  ``(2) provides such assistance as part of a military operation that does 
not involve the Armed Forces of the United States.
---------------------------------------------------------------------------

    ``(d) Use of Funds.--Of the amount authorized to be appropriated by 
section 301 for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) 
programs of the Department of Defense, not more than $20,000,000 shall 
be available for the program under subsection (a). Such amount may be 
used--
---------------------------------------------------------------------------

  ``(1) for activities to support the clearing of landmines for 
humanitarian purposes, including activities relating to the furnishing of 
education, training, and technical assistance;

  ``(2) for the provision of equipment and technology by transfer or lease 
to a foreign government that is participating in a landmine clearing 
program under this section; and

  ``(3) for contributions to nongovernmental organizations that have 
experience in the clearing of landmines to support activities described in 
subsection (a).
---------------------------------------------------------------------------

    ``(e) Notice to Congress.--The Secretary of Defense shall provide 
notice to Congress of any activity carried out under this section.''.
---------------------------------------------------------------------------

SEC. 1413.\16\ * * * [REPEALED--1996]

                  TITLE XV--ARMS CONTROL MATTERS \17\

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
    \18\ See Legislation on Foreign Relations Through 2005, vol. II.
---------------------------------------------------------------------------

               TITLE XXXVI--PANAMA CANAL COMMISSION \18\

          * * * * * * *
       r. National Defense Authorization Act for Fiscal Year 1994

    Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547, 
  approved November 30, 1993; amended by Public Law 103-337 [National 
  Defense Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 
 2663, approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
   approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
   approved September 23, 1996; Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
 approved November 18, 1997; and by Public Law 105-261 [Strom Thurmond 
 National Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 
               112 Stat. 1920, approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1994''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into three divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

          * * * * * * *

SEC. 306. FUNDS FOR CLEARING LANDMINES.

    (a) Limitation.--Of the funds authorized to be appropriated 
in section 301, not more than $10,000,000 shall be available 
for activities to support the clearing of landmines for 
humanitarian purposes (as determined by the Secretary of 
Defense), including the clearing of landmines in areas in which 
refugee repatriation programs are on-going.
    (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the 
implementation of subsection (a). The report shall specify the 
following:
          (1) The amount of the funds made available under 
        subsection (a) that are to be expended.
          (2) The purposes for which the funds are to be 
        expended.
          (3) The location of the landmine clearing activity.
          (4) Any use of United States military personnel or 
        employees of the Department of Defense in the activity.
          (5) Any use of non-Federal Government organizations 
        in the activity.
          (6) The relationship between the activity and the 
        missions of the Department of Defense.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                       Subtitle E--Other Matters

          * * * * * * *

SEC. 843.\2\ REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST 
                    COUNTRIES.

    (a) Report Requirement.--(1) Whenever the Secretary of 
Defense proposes to enter into a contract with any person for 
an amount in excess of $5,000,000 for the provision of goods or 
services to the Department of Defense, the Secretary shall 
require that person--
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 2327 note.
---------------------------------------------------------------------------
          (A) before entering into the contract, to report to 
        the Secretary each commercial transaction which that 
        person has conducted with the government of any 
        terrorist country during the preceding three years or 
        the period since the effective date of this section, 
        whichever is shorter; and
          (B) to report to the Secretary each such commercial 
        transaction which that person conducts during the 
        course of the contract (but not after the date 
        specified in subsection (h)) with the government of any 
        terrorist country.
    (2) The requirement contained in paragraph (1)(B) shall be 
included in the contract with the Department of Defense.
    (b) Regulations.--The Secretary of Defense shall prescribe 
such regulations as may be necessary to carry out this section.
    (c) Annual Report to Congress.--The Secretary of Defense 
shall submit to the Congress each year by December 1 a report 
setting forth those persons conducting commercial transactions 
with terrorist countries that are included in the reports made 
pursuant to subsection (a) during the preceding fiscal year, 
the terrorist countries with which those transactions were 
conducted, and the nature of those transactions. The version of 
the report made available for public release shall exclude 
information exempt from public disclosure under section 552 of 
title 5, United States Code (commonly known as the Freedom of 
Information Act).
    (d) Liability.--This section shall not be interpreted as 
imposing any liability on a person for failure to comply with 
the reporting requirement of subsection (a) if the failure to 
comply is caused solely by an act or omission of a third party.
    (e) Person Defined.--For purposes of this section, the term 
``person'' means a corporate or other business entity proposing 
to enter or entering into a contract covered by this section. 
The term does not include an affiliate or subsidiary of the 
entity.
    (f) Terrorist Country Defined.--A country shall be 
considered to be a terrorist country for purposes of a contract 
covered by this section if the Secretary of State has 
determined pursuant to law, as of the date that is 60 days 
before the date on which the contract is signed, that the 
government of that country is a government that has repeatedly 
provided support for acts of international terrorism.
    (g) Effective Date.--This section shall apply with respect 
to contracts entered into after the expiration of the 90-day 
period beginning on the date of the enactment of this Act, or 
after the expiration of the 30-day period beginning on the date 
of publication in the Federal Register of the final regulations 
referred to in subsection (b), whichever is earlier.
    (h) Termination.--This section expires on September 30, 
1996.
          * * * * * * *

                      TITLE XI--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

SEC. 1101. TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--(1) Upon 
determination by the Secretary of Defense that such action is 
necessary in the national interest, the Secretary may transfer 
amounts of authorizations made available to the Department of 
Defense in this division for fiscal year 1994 between any such 
authorizations for that fiscal year (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
    (2) The total amount of authorizations that the Secretary 
of Defense may transfer under the authority of this section may 
not exceed $2,000,000,000.
    (b) Limitations.--The authority provided by this section to 
transfer authorizations--
          (1) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (2) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
    (c) Effect on Authorization Amounts.--A transfer made from 
one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the 
account to which the amount is transferred by an amount equal 
to the amount transferred.
    (d) Notice to Congress.--The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section.
          * * * * * * *

SEC. 1108. FUNDING STRUCTURE FOR CONTINGENCY OPERATIONS.

    (a) \3\ * * *
---------------------------------------------------------------------------
    \3\ Sec. 1108(a)(1) added a new sec. 127a to 10 U.S.C., relating to 
expenses for contingency operations.
---------------------------------------------------------------------------
    (b) First Year Funding.--There is hereby authorized to be 
appropriated for fiscal year 1994 to the fund established under 
section 127a(e) of title 10, United States Code, as added by 
subsection (a), the sum of $10,000,000.\4\
---------------------------------------------------------------------------
    \4\ Sec. 127a(e), 10 U.S.C., as added by subsec. (a) of this 
section, established a Department of Defense reserve fund, known as the 
``National Contingency Operation Personnel Fund'', to make funds 
available for ``incremental military personnel costs attributable to a 
National Contingency Operation.''.
---------------------------------------------------------------------------

           Subtitle B--Fiscal Year 1993 Authorization Matters

          * * * * * * *

SEC. 1113. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                    1993.

    (a) Authorization of Supplemental appropriations.--There is 
authorized to be appropriated for fiscal year 1993 for covering 
the incremental costs arising from Operation Restore Hope, 
Operation Provide Comfort, and Operation Southern Watch, and 
deficiencies in funding of the Civilian Health and Medical 
Program of the Uniformed Services (CHAMPUS), and for repairing 
flood damage at Camp Pendleton, California, $1,246,928 as 
follows: * * *
          (2) For Operation and Maintenance: * * *
                  (G) For Humanitarian Assistance, $23,000,000.
    (b) * * *

                  Subtitle C--Counter-Drug Activities

SEC. 1121. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF 
                    OTHER AGENCIES.

    (a)-(b) * * *
    (c) Funding of Support Activities.--Of the amount 
authorized to be appropriated for fiscal year 1994 under 
section 301(15) for operation and maintenance with respect to 
drug interdiction and counter-drug activities, $40,000,000 
shall be available to the Secretary of Defense for the purposes 
of carrying out section 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note).
          * * * * * * *

   Subtitle G--Congressional Findings, Policies, Commendations, and 
                             Commemorations

          * * * * * * *

SEC. 1163. SENSE OF CONGRESS REGARDING UNITED STATES POLICY ON 
                    PLUTONIUM.

    (a) Finding.--The Congress finds that reprocessing spent 
nuclear fuel referred to in subsection (c) to recover plutonium 
may pose serious environmental hazards and increase the risk of 
proliferation of weapons-usable plutonium.
    (b) Sense of Congress.--It is the sense of the Congress 
that the President should take action to encourage the 
reduction or cessation of the reprocessing of spent nuclear 
fuel referred to in subsection (c) to recover plutonium until 
the environmental and proliferation concerns related to such 
reprocessing are resolved.
    (c) Covered Spent Nuclear Fuel.--The spent nuclear fuel 
referred to in subsections (a) and (b) is spent nuclear fuel 
used in a commercial nuclear power reactor by the Government of 
a foreign country or by a foreign-owned or foreign-controlled 
entity.

SEC. 1164. SENSE OF SENATE ON ENTRY INTO THE UNITED STATES OF CERTAIN 
                    FORMER MEMBERS OF THE IRAQI ARMED FORCES.

    It is the sense of the Senate that no person who was a 
member of the armed forces of Iraq during the period from 
August 2, 1990, through February 28, 1991, and who is in a 
refugee camp in Saudi Arabia as of the date of enactment of 
this Act should be granted entry into the United States under 
the Immigration and Nationality Act unless the President 
certifies to Congress before such entry that such person--
          (1) assisted the United States or coalition armed 
        forces after defection from the armed forces of Iraq or 
        after capture by the United States or coalition armed 
        forces; and
          (2) did not commit or assist in the commission of war 
        crimes.
          * * * * * * *

                       Subtitle H--Other Matters

          * * * * * * *

SEC. 1186. EXPORT LOAN GUARANTEES.

    (a) Authority to Provide Loan Guarantees.--Subject to 
subsection (b) and subject to the availability of 
appropriations for this purpose, the President may carry out a 
program to issue guarantees during fiscal year 1994 against the 
risk of nonpayment arising out of loan financing of the sale of 
defense articles and defense services to any member nation of 
the North Atlantic Treaty Organization (other than the United 
States), Israel, Australia, Japan, or the Republic of Korea. 
The aggregate amount guaranteed under this section in such 
fiscal year may not exceed $1,000,000,000.
    (b) Certification of Intent to Use Authority.--The 
President may not issue guarantees under the loan guarantee 
program unless, not later than the end of the 180-day period 
beginning on the date of the enactment of this Act, the 
President certifies to Congress that--
          (1) the President intends to issue loan guarantees 
        under the loan guarantee program;
          (2) the exercise of the authority provided under the 
        program is consistent with the objectives of the Arms 
        Export Control Act (22 U.S.C. 2751 et seq.); and
          (3) the exercise of the authority provided under the 
        program is consistent with the policy of the United 
        States regarding conventional arms sales and 
        nonproliferation goals.
    (c) Prohibition on Use of Certain Funds.--None of the funds 
authorized to be appropriated in this Act and made available 
for defense conversion, reinvestment, and transition assistance 
programs (as defined in section 1302(c)) may be used to finance 
the subsidy cost of loan guarantees issued under this section.
    (d) Terms and Conditions.--(1) In issuing guarantees under 
the loan guarantee program for medium- and long-term loans for 
sales of defense articles or defense services, the President 
may not offer terms and conditions more beneficial than would 
be provided by the Export-Import Bank of the United States 
under similar circumstances in conjunction with the provision 
of guarantees for nondefense articles and services.
    (2) The issuance of loan guarantees for exports under the 
loan guarantee program shall be subject to all United States 
Government review procedures for arms sales to foreign 
governments and shall be consistent with United States policy 
on arms sales to those nations referred to in subsection (a).
    (e) Subsidy Cost and Funding.--(1) There is authorized to 
be appropriated for fiscal year 1994, $25,000,000 for the 
subsidy cost of the loan guarantees issued under this section.
    (2) Funds authorized to be available for the Export-Import 
Bank of the United States may not be used for the execution of 
the loan guarantee program.
    (f) Executive Agency.--The Department of Defense shall be 
the executive agency responsible for administration of the loan 
guarantee program unless the President, in consultation with 
Congress, designates another department or agency to implement 
the program. Applications for guarantees issued under this 
section shall be submitted to the Secretary of Defense, who may 
make such arrangements as are necessary with other departments 
or agencies to process the applications and otherwise to 
implement the loan guarantee program.
    (g) Fees Charged and Collected.--A fee shall be charged for 
each guarantee issued under the loan guarantee program. All 
fees collected in connection with guarantees issued under the 
program under this section shall be available to offset the 
cost of guarantee obligations under the program. All of the 
fees collected under this subsection, together with earnings on 
those fees and other income arising from guarantee operations 
under the program, shall be held in a financing account 
maintained in the Treasury of the United States. All funds in 
such account may be invested in obligations of the United 
States. Any interest or other receipts derived from such 
investments shall be credited to such account and may be used 
for the purposes of the program.
    (h) National Security Council Review Process.--In addition 
to the interagency review process for arms sales to foreign 
governments referred to in subsection (d)(2), the National 
Security Council shall review each proposed sale for which a 
guarantee is proposed to be issued under the loan guarantee 
program to determine whether the sale is in accord with United 
States security interests, that it contributes to collective 
defense burden sharing, and that it is consistent with United 
States nonproliferation goals.
    (i) Definitions.--For purposes of this section, the terms 
``defense article'', ``defense service'', and ``defense 
articles and defense services'' have the meanings given those 
terms in section 47 of the Arms Export Control Act (22 U.S.C. 
2794).

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                               UNION \5\

          * * * * * * *
---------------------------------------------------------------------------
    \5\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

TITLE XIII--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 1301.\6\ SHORT TITLE.

    This title may be cited as the ``Defense Conversion, 
Reinvestment, and Transition Assistance Amendments of 1993''.
---------------------------------------------------------------------------
    \6\ 10 U.S.C. 2491 note.
---------------------------------------------------------------------------
          * * * * * * *

              Subtitle D--National Shipbuilding Initiative

SEC. 1351.\7\ SHORT TITLE.

    This subtitle may be cited as the ``National Shipbuilding 
and Shipyard Conversion Act of 1993''.
---------------------------------------------------------------------------
    \7\ 10 U.S.C. 2501 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1355. AUTHORITY FOR SECRETARY OF TRANSPORTATION TO MAKE LOAN 
                    GUARANTEES.

    (a) \8\ In General.--Title XI of the Merchant Marine Act, 
1936, is further amended by adding at the end the following new 
section: * * *
---------------------------------------------------------------------------
    \8\ Sec. 1355(a) added a new sec. 1111 to the Merchant Marine Act, 
1936, relating to the ``Authority To Guarantee Obligations for Eligible 
Export Vessels''.
---------------------------------------------------------------------------
    (b) \9\ Implementation.--
---------------------------------------------------------------------------
    \9\ 46 U.S.C. app. 1279d note.
---------------------------------------------------------------------------
          (1) Initial designation of council members.--Each 
        member of the council established under section 1111(b) 
        of the Merchant Marine Act, 1936, as added by 
        subsection (a), shall name a designee for service on 
        the council not later than 30 days after the date of 
        the enactment of this Act. Each such member shall 
        promptly notify the Secretary of Transportation of that 
        designation.
          (2) Designation of senior marad official.--Not later 
        than 30 days after the date of the enactment of this 
        Act, the Secretary of Transportation shall designate a 
        senior official within the Maritime Administration to 
        have the responsibility and authority to carry out the 
        terms and conditions set forth under section 1111 of 
        title XI the Merchant Marine Act, 1936, as added by 
        subsection (a). The Secretary shall make the 
        designation of that official known through a public 
        announcement in a national periodical.
          * * * * * * *

        TITLE XIV--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                   Subtitle A--Defense Burden Sharing

SEC. 1401. DEFENSE BURDENS AND RESPONSIBILITIES.

    (a) Findings.--Congress makes the following findings:
          (1) Since fiscal year 1985, the budget of the 
        Department of Defense has declined by 34 percent in 
        constant fiscal year 1985 dollars.
          (2) During the past few years, the United States 
        military presence overseas has declined significantly 
        in the following ways:
                  (A) Since fiscal year 1986, the number of 
                United States military personnel permanently 
                stationed overseas has declined by almost 
                200,000.
                  (B) From fiscal year 1989 to fiscal year 
                1994, spending by the United States to support 
                the stationing of United States military forces 
                overseas will have declined by 36 percent.
                  (C) Since January 1990, the Department of 
                Defense has announced the closure, reduction, 
                or transfer to standby status of 840 United 
                States military facilities overseas, which is 
                approximately a 50 percent reduction in the 
                number of such facilities.
          (3) The United States military presence overseas will 
        continue to decline as a result of actions by the 
        executive branch and as a result of the following 
        provisions of law:
                  (A) Section 1302 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                requires a 40 percent reduction by September 
                30, 1996, in the number of United States 
                military personnel permanently stationed ashore 
                in overseas locations.
                  (B) Section 1303 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                provides that no more than 100,000 United 
                States military personnel may be permanently 
                stationed ashore in NATO member countries after 
                September 30, 1996.
                  (C) Section 1301 of the National Defense 
                Authorization Act for Fiscal Year 1993, which 
                reduced the spending proposed by the Department 
                of Defense for overseas basing activities 
                during fiscal year 1993 by $500,000,000.
                  (D) Sections 913 and 915 of the National 
                Defense Authorization Act for Fiscal Years 1990 
                and 1991, which directed the President to 
                develop a plan to gradually reduce the United 
                States military force structure in East Asia.
          (4) The East Asia Strategy Initiative, which was 
        developed in response to sections 913 and 915 of the 
        National Defense Authorization Act for Fiscal Years 
        1990 and 1991, has resulted in the withdrawal of 12,000 
        United States military personnel from Japan and the 
        Republic of Korea since fiscal year 1990.
          (5) In response to actions by the executive branch 
        and the Congress, allied countries in which United 
        States military personnel are stationed and alliances 
        in which the United States participates have agreed to 
        reduce the costs incurred by the United States in 
        basing military forces overseas in the following ways:
                  (A) Under the 1991 Special Measures Agreement 
                between Japan and the United States, Japan will 
                pay by 1995 almost all yen-denominated costs of 
                stationing United States military personnel in 
                Japan.
                  (B) The Republic of Korea has agreed to pay 
                by 1995 one-third of the won-based costs 
                incurred by the United States in stationing 
                United States military personnel in the 
                Republic of Korea.
                  (C) The North Atlantic Treaty Organization 
                (NATO) has agreed that the NATO Infrastructure 
                Program will adapt to support post-Cold War 
                strategy and could pay the annual operation and 
                maintenance costs of facilities in Europe and 
                the United States that would support the 
                reinforcement of Europe by United States 
                military forces and the participation of United 
                States military forces in peacekeeping and 
                conflict prevention operations.
                  (D) Such allied countries and alliances have 
                agreed to share more fully the responsibilities 
                and burdens of providing for mutual security 
                and stability through steps such as the 
                following:
                          (i) The Republic of Korea has assumed 
                        the leadership role regarding ground 
                        combat forces for the defense of the 
                        Republic of Korea.
                          (ii) NATO has adopted the new mission 
                        of conducting peacekeeping operations 
                        and is, for example, providing land, 
                        sea, and air forces for United Nations 
                        efforts in the former Yugoslavia.
                          (iii) The countries of western Europe 
                        are contributing substantially to the 
                        development of democracy, stability, 
                        and open market societies in eastern 
                        Europe and the former Soviet Union.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the forward presence of United States military 
        personnel stationed overseas continues to be important 
        to United States security interests;
          (2) that forward presence facilitates efforts to 
        pursue United States security interests on a collective 
        basis rather than pursuing them on a far more costly 
        unilateral basis or receding into isolationism;
          (3) the bilateral and multilateral arrangements and 
        alliances in which that forward presence plays a part 
        must be further adapted to the security environment of 
        the post-Cold War period;
          (4) the cost-sharing percentages for the NATO 
        Infrastructure Program should be reviewed with the aim 
        of reflecting current economic, political, and military 
        realities and thus reducing the United States cost-
        sharing percentage; and
          (5) the amounts obligated to conduct United States 
        overseas basing activities should decline significantly 
        in fiscal year 1994 and in future fiscal years as--
                  (A) the number of United States military 
                personnel stationed overseas continues to 
                decline; and
                  (B) the countries in which United States 
                military personnel are stationed and the 
                alliances in which the United States 
                participates assume an increased share of 
                United States overseas basing costs.
    (c) \10\ Reducing United States Overseas Basing Costs.--(1) 
In order to achieve additional savings in overseas basing 
costs, the President should--
---------------------------------------------------------------------------
    \10\ Sec. 1304(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the 
following:
    ``(a) Goal for Allied Contributions.--In continuing efforts to 
enter into revised host-nation agreements as described in section 
1301(e) of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1824), the President shall seek to have European 
member nations of NATO assume an increased share of the nonpersonnel 
costs for United States military installations in those nations so that 
by September 30, 1996, those nations have assumed 37.5 percent of such 
costs.''.
---------------------------------------------------------------------------
          (A) continue with the reductions in United States 
        military presence overseas as required by sections 1302 
        and 1303 of the National Defense Authorization Act for 
        Fiscal Year 1993; and
          (B) intensify efforts to negotiate a more favorable 
        host-nation agreement with each foreign country to 
        which this paragraph applies under paragraph (3)(A).
    (2) For purposes of paragraph (1)(B), a more favorable 
host-nation agreement is an agreement under which such foreign 
country--
          (A) assumes an increased share of the costs of United 
        States military installations in that country, 
        including the costs of--
                  (i) labor, utilities, and services;
                  (ii) military construction projects and real 
                property maintenance;
                  (iii) leasing requirements associated with 
                the United States military presence; and
                  (iv) actions necessary to meet local 
                environmental standards;
          (B) relieves the United States of all tax liability 
        that, with respect to forces located in that country, 
        is incurred by the Armed Forces of the United States 
        under the laws of that country and the laws of the 
        community where those forces are located; and
          (C) ensures that goods and services furnished in that 
        country to the Armed Forces of the United States are 
        provided at minimum cost and without imposition of user 
        fees.
    (3)(A) Except as provided in subparagraph (B), paragraph 
(1)(B) applies with respect to--
          (i) each country of the North Atlantic Treaty 
        Organization (other than the United States); and
          (ii) each other foreign country with which the United 
        States has a bilateral or multilateral defense 
        agreement that provides for the assignment of combat 
        units of the Armed Forces of the United States to 
        permanent duty in that country or the placement of 
        combat equipment of the United States in that country.
    (B) Paragraph (1) does not apply with respect to--
          (i) a foreign country that receives assistance under 
        section 23 of the Arms Export Control Act (22 U.S.C. 
        2763) (relating to the foreign military financing 
        program) or under the provisions of chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2346 et seq.); or
          (ii) a foreign country that has agreed to assume, not 
        later than September 30, 1996, at least 75 percent of 
        the nonpersonnel costs of United States military 
        installations in the country.
    (d) Obligational Limitation.--(1) The total amount 
appropriated to the Department of Defense for Military 
Personnel, for Operation and Maintenance, and for military 
construction (including construction and improvement of 
military family housing) that is obligated to conduct overseas 
basing activities during fiscal year 1994 may not exceed 
$16,915,400,000 (such amount being the amount appropriated for 
such purposes for fiscal year 1993 reduced by $3,300,000,000), 
except to the extent provided by the Secretary of Defense under 
paragraph (3).
    (2) For purposes of this subsection, the term ``overseas 
basing activities'' means the activities of the Department of 
Defense for which funds are provided through appropriations for 
Military Personnel, for Operation and Maintenance (including 
appropriations for family housing operations), and for military 
construction (including construction and improvement of 
military family housing) for the payment of costs for 
Department of Defense overseas military units and the costs for 
all dependents who accompany Department of Defense personnel 
outside the United States.
    (3) The Secretary of Defense may increase the amount of the 
limitation under paragraph (1) by such amount or amounts as the 
Secretary determines to be necessary in the national interest, 
but not to exceed a total increase of $582,700,000. The 
Secretary may not increase the amount of such limitation under 
the preceding sentence until the Secretary provides notice to 
Congress of the Secretary's intent to authorize such an 
increase and a period of 15 days elapses after the day on which 
such notice is provided.
    (e) Allocations of Savings.--Any amounts appropriated to 
the Department of Defense for fiscal year 1994 for the purposes 
covered by subsection (d)(1) that are not available to be used 
for those purposes by reason of the limitation in that 
subsection shall be allocated by the Secretary of Defense for 
operation and maintenance and for military construction 
activities of the Department of Defense at military 
installations and facilities located inside the United States.

SEC. 1402.\11\ BURDEN SHARING CONTRIBUTIONS FROM DESIGNATED COUNTRIES 
                    AND REGIONAL ORGANIZATIONS. * * *
---------------------------------------------------------------------------

    \11\ Sec. 1402 inserted a revised version of section 1045 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 
(Public Law 102-190; 105 Stat. 1465), into 10 U.S.C. as section 2350j, 
titled ``Burden sharing contributions by designated countries and 
regional organizations''.
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             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.
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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.
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    \20\ 10 U.S.C. 401 note.
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    (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
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    \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).
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          (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:
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    \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.''.
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    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--
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  ``(1) the President first submits to the Congress a certification 
described in subsection (b); and

  ``(2) the requirements of section 1511 of that Act are met.
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    ``(b) Certification.--A certification described in this subsection 
is a certification that--
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  ``(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.
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    ``(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.''.
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          (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.
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          (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\
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    \24\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
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          * * * * * * *

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

          * * * * * * *
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    \35\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
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                TITLE XXXV--PANAMA CANAL COMMISSION \35\

          * * * * * * *
           s. Department of Defense Appropriations Act, 1994

    Partial text of Public Law 103-139 [H.R. 3116], 107 Stat. 1418, 
                       approved November 11, 1993

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1994, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 8033. During the current fiscal year and thereafter, 
of the funds appropriated, reimbursable expenses incurred by 
the Department of Defense on behalf of the Soviet Union or its 
successor entities in monitoring United States implementation 
of the Treaty Between the United States of America and the 
Union of Soviet Socialist Republics on the Elimination of Their 
Intermediate-Range or Shorter-Range Missiles (``INF Treaty''), 
concluded December 8, 1987, may be treated as orders received 
and obligation authority for the applicable appropriation, 
account, or fund increased accordingly. Likewise, any 
reimbursements received for such costs may be credited to the 
same appropriation, account, or fund to which the expenses were 
charged: Provided, That reimbursements which are not received 
within one hundred and eighty days after submission of an 
appropriate request for payment shall be subject to interest at 
the current rate established pursuant to section 2(b)(1)(B) of 
the Export-Import Bank Act of 1945 (59 Stat. 526). Interest 
shall begin to accrue on the one hundred and eighty-first day 
following submission of an appropriate request for payment: 
Provided further, That funds appropriated in this Act may be 
used to reimburse United States military personnel for 
reasonable costs of subsistence, at rates to be determined by 
the Secretary of Defense, incurred while accompanying Soviet 
Inspection Team members or inspection team members of the 
successor entities of the Soviet Union engaged in activities 
related to the INF Treaty: Provided further, That this 
provision includes only the in-country period (referred to in 
the INF Treaty) and is effective whether such duty is performed 
at, near, or away from an individual's permanent duty station.
          * * * * * * *
    Sec. 8056.\1\ During the current fiscal year and 
thereafter, there is established, under the direction and 
control of the Attorney General, the National Drug Intelligence 
Center, whose mission it shall be to coordinate and consolidate 
drug intelligence from all national security and law 
enforcement agencies, and produce information regarding the 
structure, membership, finances, communications, and activities 
of drug trafficking organizations: Provided, That funding for 
the operation of the National Drug Intelligence Center, 
including personnel costs associated therewith, shall be 
provided from the funds appropriated to the Department of 
Defense.
---------------------------------------------------------------------------
    \1\ 21 U.S.C. 873 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 8099. (a) Findings.--The Congress finds that--
          (1) the United States Government has not made 
        adequate efforts to seek the payment of compensation by 
        the government of Peru for the death and injuries to 
        United States military personnel resulting from the 
        attack by aircraft of the military forces of Peru on 
        April 24, 1992, against a United States Air Force C-130 
        aircraft operating off the coast of Peru; and
          (2) in failing to make such efforts adequately, the 
        United States Government has failed in its obligation 
        to support the servicemen and their families involved 
        in the incident and generally to support members of the 
        Armed Forces carrying out missions on behalf of the 
        United States.
    (b) Semiannual Report.--The Secretary of Defense shall 
submit a report to Congress on December 1 and June 1 of each 
year on the efforts made by the Government of the United States 
during the preceding six-month period to seek the payment of 
fair and equitable compensation by the Government of Peru (1) 
to the survivors of Master Sergeant Joseph Beard, Jr., United 
States Air Force, who was killed in the attack described in 
subsection (a), and (2) to the other crew members who were 
wounded in the attack and survived.
    (c) Termination of Report Requirement.--The requirement in 
subsection (b) shall terminate upon certification by the 
Secretary of Defense to Congress that the Government of Peru 
has paid fair and equitable compensation as described in 
subsection (b).
          * * * * * * *
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 1994''.
       t. National Defense Authorization Act for Fiscal Year 1993

    Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315, 
  approved October 23, 1992; amended by Public Law 103-160 [National 
 Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 
1547, approved November 30, 1993; Public Law 103-337 [National Defense 
   Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
approved October 5, 1994; Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996; H.R. 1868], 
    enacted by reference in section 301 of H.R. 2880, 101 Stat. 26, 
 approved January 26, 1996, enacted again as Public Law 104-107 [H.R. 
 1868], 110 Stat. 704, approved February 12, 1996; Public Law 104-106 
[National Defense Authorization Act for Fiscal Year 1996; S. 1124], 110 
  Stat. 186, approved February 10, 1996; Public Law 104-201 [National 
 Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 
    2422, approved September 23, 1996; Public Law 104-208 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997; sec. 101(c) of title I of the Omnibus Consolidated Appropriations 
  Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; 
 Public Law 105-85 [National Defense Authorization Act for Fiscal Year 
 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 1997; Public 
Law 106-65 [National Defense Authorization Act for Fiscal Year 2000; S. 
  1059], 113 Stat. 512, October 5, 1999; Public Law 106-113 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
      2000; H.R. 3422, enacted by reference in sec. 1000(a)(2) of 
 Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 
 Stat. 1501, approved November 29, 1999; Public Law 106-398 [Floyd D. 
 Spence National Defense Authorization Act for Fiscal Year 2001; H.R. 
 4205], 114 Stat. 1654, approved October 30, 2000; Public Law 107-107 
[National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 
Stat. 1012, approved December 28, 2001; Public Law 107-115 [Kenneth M. 
   Ludden Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved January 
  10, 2002; Public Law 107-228 [Foreign Relations Authorization Act, 
 Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30, 
      2002; and by Public Law 107-314 [Bob Stump National Defense 
  Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458, 
                       approved December 2, 2002

 AN ACT To authorize appropriations for fiscal year 1993 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
        provide for defense conversion, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1993''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into four divisions 
as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Defense Conversion, Reinvestment, and 
        Transition Assistance
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services \1\ and the 
Committees on Appropriations of the Senate and House of 
Representatives.
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------

SEC. 4. GENERAL LIMITATION.

    Notwithstanding any other provision of this Act, the total 
amount authorized to be appropriated for fiscal year 1993 under 
the provisions of this Act is $274,121,787,000, of which the 
total amount authorized to be appropriated for fiscal year 1993 
under the provisions of--
          (1) division A is $253,654,264,000;
          (2) division B is $8,389,833,000; and
          (3) division C is $12,077,690,000.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

                       Subtitle B--Army Programs

          * * * * * * *

SEC. 114. ARMORED VEHICLE UPGRADES.

    Section 21 of the Arms Export Control Act (22 U.S.C. 2761) 
is amended by adding at the end the following: \2\
---------------------------------------------------------------------------
    \2\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *

             Subtitle G--Chemical Demilitarization Program

          * * * * * * *

SEC. 178.\3\ SENSE OF CONGRESS CONCERNING INTERNATIONAL CONSULTATION 
                    AND EXCHANGE PROGRAM.

    It is the sense of Congress that the Secretary of Defense, 
in consultation with the Secretary of State, should establish, 
with other nations that are anticipated to be signatories to an 
international agreement or treaty banning chemical weapons, a 
program under which consultation and exchange concerning 
chemical weapons disposal technology could be enhanced. Such a 
program shall be used to facilitate the exchange of technical 
information and advice concerning the disposal of chemical 
weapons among signatory nations and to further the development 
of safer, more cost-effective methods for the disposal of 
chemical weapons.
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 1521 note.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                       Subtitle A--Authorizations

          * * * * * * *

SEC. 205. ENDOWMENT FOR DEFENSE INDUSTRIAL COOPERATION.

    (a) Report.--The Secretary of Defense shall prepare a 
report on the benefits and limitations of establishing a United 
States-Israel Endowment for Defense Industrial Cooperation with 
the following objectives:
          (1) To promote and support joint defense industrial 
        activities of mutual benefit to the United States and 
        Israel.
          (2) To promote and support joint commercialization of 
        defense technologies of mutual benefit to the United 
        States and Israel.
          (3) To strengthen a mutually beneficial defense trade 
        program between the United States and Israel.
    (b) Deadline.--The Secretary shall submit to Congress the 
report required by subsection (a) no later than August 1, 1993.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorizations of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1993 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows: * * *
    * * *
          (14) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,263,400,000.
    * * *
          (17) For Humanitarian Assistance, $25,000,000.
          * * * * * * *

SEC. 304. HUMANITARIAN ASSISTANCE.

    (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(17) shall be available for the 
purposes of section 2551 of title 10, United States Code, as 
added by subsection (c), including the transportation of 
humanitarian relief for the people of Afghanistan and Cambodia.
    (2) Of the funds authorized to be appropriated for fiscal 
year 1993 pursuant to section 301(17) for such purpose, not 
more than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian non-Communist resistance, at or near the border 
between Thailand and Cambodia.
    (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer, pursuant to section 2551(b) of such title, not 
more than $3,000,000 of the funds referred to in subsection 
(a)(1).
    (c) \4\ Codification of Authority and Administrative 
Provisions.--(1) Subchapter II of chapter 152 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * *
---------------------------------------------------------------------------
    \4\ This subsection added sec. 2551 to 10 U.S.C., relating to 
humanitarian assistance.
---------------------------------------------------------------------------
    (d) \5\ Laws Covered by Initial Reports.--For purposes of 
subsection (e) of section 2551 of title 10, United States Code, 
as added by subsection (c), section 304 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
102-190; 105 Stat. 1333), and the humanitarian relief laws 
referred to in subsection (f)(4) of section 304 of that Act (as 
in effect on the day before the date of the enactment of this 
Act) shall be considered as provisions of law that authorized 
appropriations for humanitarian assistance to be available for 
the purposes of section 2551 of title 10, United States Code.
---------------------------------------------------------------------------
    \5\ 10 U.S.C. 2551 note.
---------------------------------------------------------------------------
    (e) Repeal of Superseded Reporting Requirement.--Section 
304 of the National Defense Authorization Act for Fiscal Years 
1992 and 1993 (Public Law 102-190; 105 Stat. 1333) is amended 
by striking out subsection (f).
          * * * * * * *

                  Subtitle C--Environmental Provisions

          * * * * * * *

SEC. 324. OVERSEAS ENVIRONMENTAL RESTORATION.

    (a) Sense of Congress.--It is the sense of the Congress 
that in carrying out environmental restoration activities at 
military installations outside the United States, the President 
should seek to obtain an equitable division of the costs of 
environmental restoration with the nation in which the 
installation is located.
    (b) Report.--The Secretary of Defense shall include in each 
Report on Allied Contributions to the Common Defense prepared 
under section 1003 of Public Law 98-525 (22 U.S.C. 1928) 
information, in classified and unclassified form, describing 
the efforts undertaken and the progress made by the President 
in carrying out subsection (a) during the period covered by the 
report.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                       Subtitle C--Other Matters

          * * * * * * *

SEC. 842.\6\ PURCHASE OF ANGOLAN PETROLEUM PRODUCTS.

    The prohibition in section 316 of the National Defense 
Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 
U.S.C. 2304 note) shall cease to be effective on the date on 
which the President certifies to Congress that free, fair, and 
democratic elections have taken place in Angola.
---------------------------------------------------------------------------
    \6\ 10 U.S.C. 2304 note. The President made such a determination on 
July 19, 1993 (Presidential Determination No. 93-32; 58 F.R. 40309; 
July 28, 1993).
---------------------------------------------------------------------------

SEC. 843.\7\ AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO SHARE EQUITABLY 
                    THE COSTS OF CLAIMS UNDER INTERNATIONAL ARMAMENTS 
                    COOPERATION PROGRAMS. * * *
---------------------------------------------------------------------------

    \7\ Subsec. (a) of this section amended sec. 27(c) of the Arms 
Export Control Act (22 U.S.C. 2767(c)). See Legislation on Foreign 
Relations Through 2005, vol. I-A. Subsec. (b) amended 10 U.S.C. 2350a 
and 2350d. Subsec. (c), repealed by sec. 1318 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2902), formerly read as follows:
    ``(c) Termination.--On the date which is two years after the date 
of the enactment of this Act, subsections (a) and (b) shall cease to be 
in effect, and section 27(c) of the Arms Export Control Act and section 
2350a of title 10, United States Code, shall read as if such 
subsections had not been enacted.''.
---------------------------------------------------------------------------

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                     Subtitle A--Roles and Missions

SEC. 901.\8\ REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON 
                    ROLES AND MISSIONS OF THE ARMED FORCES.

    (a) Report.--(1) The Secretary of Defense shall transmit to 
Congress a copy of the first report relating to the roles and 
missions of the Armed Forces that is submitted to the Secretary 
by the Chairman of the Joint Chiefs of Staff under section 
153(b) of title 10, United States Code, after January 1, 1992.
---------------------------------------------------------------------------
    \8\ 10 U.S.C. 153 note.
---------------------------------------------------------------------------
    (2) The Secretary shall transmit the report, together with 
his views on the report, within 30 days after receiving the 
report.
    (b) Additional Matters.--In addition to the matters 
required under such section 153(b), the Chairman shall include 
in the report referred to in subsection (a) the Chairman's 
comments and recommendations regarding the following matters:
          (1) Reassessing the roles and missions assigned to 
        each of the Armed Forces (under the Key West agreement 
        of 1947 and subsequent actions by the various 
        Secretaries of Defense and the Congress) in light of 
        the new national security environment resulting from 
        the end of the Cold War.
          (2) The extent to which the efficiency of the Armed 
        Forces in carrying out their roles and missions can be 
        enhanced by--
                  (A) the elimination or reduction of 
                duplication in the capabilities of the military 
                departments and Defense Agencies without an 
                undue diminution in their effectiveness; and
                  (B) the consolidation or streamlining of 
                organizations and activities within the 
                military departments and Defense Agencies.
          (3) Changes in the operational tempo of forces 
        stationed in the continental United States and changes 
        in deployment patterns and operational tempo of forces 
        deployed outside the United States.
          (4) Changes in the readiness status of units based 
        upon time-phased force deployment plans.
          (5) Transfers of functions from the active components 
        of the Armed Forces to the reserve components of the 
        Armed Forces.
          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

          * * * * * * *

SEC. 1003. TREATMENT OF CERTAIN ``M'' ACCOUNT OBLIGATIONS.

    (a) Limitation.--The Secretary of Defense may not 
reobligate any sum in a merged (or so-called ``M'') account of 
the Department of Defense until the Secretary has identified an 
equal sum under section 1406 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1680) that can be canceled.
    (b) Requirement for Reciprocal Cancellation.--Whenever the 
Secretary of Defense reobligates funds from a merged (or so-
called ``M'') account of the Department of Defense, the 
Secretary shall at the same time cancel with the Treasury of 
the United States a sum in the same amount as the reobligation 
from a merged account of the Department of Defense.
    (c) Monthly Reports.--The Secretary of Defense shall submit 
to the congressional defense committees a monthly report, for 
each month beginning after the date of the enactment of this 
Act through September 1993, on the amount of funds reobligated 
during the month from merged accounts of the Department of 
Defense and the amount of funds canceled during the month from 
such accounts. Each report shall be submitted not later than 
the 21st day of the month after the month covered by the 
report.
    (d) Notice-and-Wait.--(1) Whenever the Secretary of Defense 
proposes to reobligate from a merged (or so-called ``M'') 
account of the Department of Defense any sum in an amount 
greater than $10,000,000, the reobligation may not be made 
until--
          (A) the Secretary notifies Congress of the amount to 
        be reobligated, the source of the funds to be 
        reobligated, and the purpose the funds will be 
        reobligated for; and
          (B) a period of 30 days passes after the notice is 
        received.
    (2) The limitation in paragraph (1) applies to 
reobligations for a single purpose in a sum greater than the 
amount specified in that paragraph. Such a reobligation may not 
be divided into several smaller sums to avoid such limitation.
    (e) Duration of Limitations.--Subsections (a) and (b) shall 
cease to apply when all audits and cancellations of balances 
required by section 1406 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1680) 
have been completed.

SEC. 1004.\9\ ADDITIONAL TRANSITION AUTHORITY REGARDING CLOSING 
                    APPROPRIATION ACCOUNTS. * * *
---------------------------------------------------------------------------

    \9\ Sec. 1004 amended sec. 1405(b) of the National Defense 
Authorization Act for Fiscal Year 1991 (31 U.S.C. 1551 note).
---------------------------------------------------------------------------
          * * * * * * *

                  Subtitle E--Counter-Drug Activities

SEC. 1041.\10\ ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. * * *
---------------------------------------------------------------------------

    \10\ Sec. 1041, in part, amended sec. 1004 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 
374 note).
---------------------------------------------------------------------------

SEC. 1042.\11\ MAINTENANCE AND OPERATION OF EQUIPMENT. * * *
---------------------------------------------------------------------------

    \11\ Sec. 1042 amended 10 U.S.C 374.
---------------------------------------------------------------------------

SEC. 1043. COUNTER-DRUG DETECTION AND MONITORING SYSTEMS PLAN.

    (a) Requirements of Detection and Monitoring Systems.--The 
Secretary of Defense shall establish requirements for counter-
drug detection and monitoring systems to be used by the 
Department of Defense in the performance of its mission under 
section 124(a) of title 10, United States Code, as lead agency 
of the Federal Government for the detection and monitoring of 
the transit of illegal drugs into the United States. Such 
requirements shall be designed--
          (1) to minimize unnecessary redundancy between 
        counter-drug detection and monitoring systems;
          (2) to grant priority to assets and technologies of 
        the Department of Defense that are already in existence 
        or that would require little additional development to 
        be available for use in the performance of such 
        mission;
          (3) to promote commonality and interoperability 
        between counter-drug detection and monitoring systems 
        in a cost-effective manner; and
          (4) to maximize the potential of using counter-drug 
        detection and monitoring systems for other defense 
        missions whenever practicable.
    (b) Evaluation of Systems.--The Secretary of Defense shall 
identify and evaluate existing and proposed counter-drug 
detection and monitoring systems in light of the requirements 
established under subsection (a). In carrying out such 
evaluation, the Secretary shall--
          (1) assess the capabilities, strengths, and 
        weaknesses of counter-drug detection and monitoring 
        systems; and
          (2) determine the optimal and most cost-effective 
        combination of use of counter-drug detection and 
        monitoring systems to carry out activities relating to 
        the reconnaissance, detection, and monitoring of drug 
        traffic.
    (c) Systems Plan.--Based on the results of the evaluation 
under subsection (b), the Secretary of Defense shall prepare a 
plan for the development, acquisition, and use of improved 
counter-drug detection and monitoring systems by the Armed 
Forces. In developing the plan, the Secretary shall also make 
every effort to determine which counter-drug detection and 
monitoring systems should be eliminated from the counter-drug 
program based on the results of such evaluation. The plan shall 
include an estimate by the Secretary of the full cost to 
implement the plan, including the cost to develop, procure, 
operate, and maintain equipment used in counter-drug detection 
and monitoring activities performed under the plan and training 
and personnel costs associated with such activities.
    (d) Report.--Not later than six months after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the requirements established 
under subsection (a) and the results of the evaluation 
conducted under subsection (b). The report shall include the 
plan prepared under subsection (c).
    (e) Limitation on Obligation of Funds.--(1) Except as 
provided in paragraph (2), none of the funds appropriated or 
otherwise made available for the Department of Defense for 
fiscal year 1993 pursuant to an authorization of appropriations 
in this Act may be obligated or expended for the procurement or 
upgrading of a counter-drug detection and monitoring system, 
for research and development with respect to such a system, or 
for the lease or rental of such a system until after the date 
on which the Secretary of Defense submits to Congress the 
report required under subsection (d).
    (2) Paragraph (1) shall not prohibit obligations or 
expenditures of funds for--
          (A) any procurement, upgrading, research and 
        development, or lease of a counter-drug detection and 
        monitoring system that is necessary to carry out the 
        evaluation required under subsection (b); or
          (B) the operation and maintenance of counter-drug 
        detection and monitoring systems used by the Department 
        of Defense as of the date of the enactment of this Act.
    (f) Definition.--For purposes of this section, the term 
``counter-drug detection and monitoring systems'' means land-, 
air-, and sea-based detection and monitoring systems suitable 
for use by the Department of Defense in the performance of its 
mission--
          (1) under section 124(a) of title 10, United States 
        Code, as lead agency of the Federal Government for the 
        detection and monitoring of the aerial and maritime 
        transit of illegal drugs into the United States; and
          (2) to provide support to law enforcement agencies in 
        the detection, monitoring, and communication of the 
        movement of traffic at, near, and outside the 
        geographic boundaries of the United States.

SEC. 1044.\12\ EXTENSION OF AUTHORITY TO TRANSFER EXCESS PERSONAL 
                    PROPERTY. * * *
---------------------------------------------------------------------------

    \12\ Sec. 1044 amended sec. 1208(c) of the National Defense 
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 
10 U.S.C. 372 note).
---------------------------------------------------------------------------
          * * * * * * *

        TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

                       Subtitle A--Burdensharing

SEC. 1301. OVERSEAS BASING ACTIVITIES.

    (a) Funding Reductions.--(1)(A) The total amount 
appropriated to the Department of Defense for operation and 
maintenance and for military construction (including NATO 
Infrastructure) that is obligated to conduct overseas basing 
activities during fiscal year 1993 may not exceed the amount 
equal to the baseline for fiscal year 1993 reduced by 
$500,000,000.
    (B) For purposes of subparagraph (A), the baseline for 
fiscal year 1993 is the sum of the amounts of the overseas 
funding estimates specified for such year for Operation and 
Maintenance; Family Housing, Operations; Family Housing, 
Construction; and Military Construction (including NATO 
Infrastructure) set forth on page 8 of the report of the 
Department of Defense dated January 1992, and entitled 
``Amended FY 1992/FY 1993 Biennial Budget Estimates for Defense 
Overseas Funding and Dependent Overseas Funding''.
    (2) It is the sense of Congress that the amounts obligated 
to conduct overseas basing activities should decline 
significantly in fiscal years 1994, 1995, and 1996 as--
          (A) the number of United States military personnel 
        stationed overseas is reduced in conformance with the 
        provisions of section 1302 and the amendment made by 
        section 1303; and
          (B) the countries to which subsection (e)(1) and 
        (e)(2) apply assume an increased share of the costs of 
        United States military installations in those 
        countries.
    (b) Definition.--In this section, the term ``overseas 
basing activities'' means the activities of the Department of 
Defense for which funds are provided through appropriations for 
operation and maintenance, including appropriations for family 
housing operations, and for military construction (including 
family housing construction and NATO Infrastructure) for the 
payment of costs for Department of Defense overseas military 
units and the costs for all dependents who accompany Department 
of Defense personnel outside the United States.
    (c) Offsets.--Reductions for purposes of subsection (a) in 
obligations of appropriated funds for overseas basing 
activities may be offset by either or a combination of the 
following:
          (1) Increase in the level of host-nation support due 
        to agreements reached under subsection (e) or 
        otherwise.
          (2) Accelerated withdrawal of United States forces or 
        equipment under the provisions of section 1302 and the 
        amendment made by section 1303.
    (d) Allocations of Savings.--The savings realized as a 
result of the reductions for purposes of subsection (a) will be 
allocated for operation and maintenance and military 
construction activities of the Department of Defense at 
military installations and facilities located inside the United 
States.
    (e) \13\ Defense Burdensharing Agreements for Increased 
Host Nation Support.--(1) In order to achieve additional 
savings in fiscal year 1994 and in future fiscal years, the 
President should enter into a revised host-nation agreement 
with each foreign country described in paragraph (3)(A).
---------------------------------------------------------------------------
    \13\ Sec. 1304(a) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) provided the 
following:
    ``(a) Goal for Allied Contributions.--In continuing efforts to 
enter into revised host-nation agreements as described in section 
1301(e) of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2545) and section 1401(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public Law 
103-160; 107 Stat. 1824), the President shall seek to have European 
member nations of NATO assume an increased share of the nonpersonnel 
costs for United States military installations in those nations so that 
by September 30, 1996, those nations have assumed 37.5 percent of such 
costs.''.
---------------------------------------------------------------------------
    (2) For purposes of paragraph (1), a revised host-nation 
agreement is an agreement under which such foreign country, on 
or before September 30, 1994--
          (A) assumes an increased share of the costs of United 
        States military installations in that country, 
        including the costs of--
                  (i) labor, utilities, and services;
                  (ii) military construction projects and real 
                property maintenance;
                  (iii) leasing requirements associated with 
                United States military presence; and
                  (iv) actions necessary to meet local 
                environmental standards;
          (B) relieves the Armed Forces of the United States of 
        all tax liability that, with respect to forces located 
        in such country, is incurred by the Armed Forces under 
        the laws of that country and the laws of the community 
        where those forces are located; and
          (C) ensures that goods and services furnished in that 
        country to the Armed Forces of the United States are 
        provided at minimum cost and without imposition of user 
        fees.
    (3)(A) Except as provided in subparagraph (B), paragraph 
(1) applies with respect to--
          (i) each country of the North Atlantic Treaty 
        Organization (other than the United States); and
          (ii) each other foreign country with which the United 
        States has a bilateral or multilateral defense 
        agreement that provides for the assignment of combat 
        units of the Armed Forces of the United States to 
        permanent duty in that country or the placement of 
        combat equipment of the United States in that country.
    (B) Paragraph (1) does not apply with respect to--
          (i) a foreign country that receives assistance under 
        section 23 of the Arms Export Control Act (22 U.S.C. 
        2673) (relating to the foreign military financing 
        program) or under the provisions of chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2346 et seq.); or
          (ii) a foreign country that has agreed to assume, not 
        later than September 30, 1996, at least 75 percent of 
        the non-personnel costs of United States military 
        installations in that country.

SEC. 1302.\14\ OVERSEAS MILITARY END STRENGTH. * * * [REPEALED--1994]

      
---------------------------------------------------------------------------
    \14\ Formerly at 10 U.S.C. 113 note. Sec. 1312(c) of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
Stat. 2894) repealed sec. 1302. That section also enacted a new section 
at 10 U.S.C. 123b, relating to ``Forces Stationed Abroad; Limitation on 
Number'', effective fiscal year 1996.
    Sec. 1302 previously read as follows:
---------------------------------------------------------------------------

``sec. 1302. overseas military end strength.
---------------------------------------------------------------------------

    ``(a) Reduction in United States Force Levels Abroad.--On and after 
September 30, 1996, no appropriated funds may be used to support an end 
strength level of members of the Armed Forces of the United States 
assigned to permanent duty ashore in nations outside the United States 
at any level in excess of 60 percent of the end strength level of such 
members on September 30, 1992.
    ``(b) Exceptions.--(1) Subsection (a) shall not apply in the event 
of a declaration of war or an armed attack on any member nation of the 
North Atlantic Treaty Organization, Japan, the Republic of Korea, or 
any other ally of the United States.
    ``(2) The President may waive the operation of subsection (a) if 
the President declares an emergency and immediately notifies 
Congress.''.
---------------------------------------------------------------------------

SEC. 1303.\15\ REDUCTION IN THE AUTHORIZED END STRENGTH FOR MILITARY 
                    PERSONNEL IN EUROPE. * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \15\ Sec. 1303(c) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) repealed sec. 
1303, which had amended sec. 1002(c)(1) of the National Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note), effective October 1, 
1995, to set U.S. military personnel levels in Europe at 100,000. Sec. 
1303 of Public Law 103-337 further amended sec. 1002(c)(1) the 1985 
Act.
---------------------------------------------------------------------------

SEC. 1304.\16\ REPORTS ON OVERSEAS BASING.

    (a) Annual Report.--The Secretary of Defense shall, not 
later than March 31 of each year through 1997, submit to the 
Committees on Armed Services \17\ of the Senate and House of 
Representatives, either separately or as part of another 
relevant report, a report that specifies--
---------------------------------------------------------------------------
    \16\ 10 U.S.C. 113 note.
    \17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (1) the stationing and basing plan by installation 
        \18\ for United States military forces outside the 
        United States;
---------------------------------------------------------------------------
    \18\ Sec. 2924(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) inserted ``by 
installation''.
---------------------------------------------------------------------------
          (2) the status of closures of United States military 
        installations located outside the United States;
          (3) \19\ both--
---------------------------------------------------------------------------
    \19\ Sec. 2924(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out para. 
(3), which read ``(3) the schedule for the negotiation of such 
closures;'', and inserted the para. (3) as shown.
---------------------------------------------------------------------------
                  (A) the status of negotiations, if any, 
                between the United States and the host 
                government as to (i) United States claims for 
                compensation for the fair market value of the 
                improvements made by the United States at each 
                installation referred to in paragraph (2), and 
                (ii) any claims of the host government for 
                damages or restoration of the installation; and
                  (B) the representative of the United States 
                in any such negotiations;
          (4) the potential savings to the United States 
        resulting from such closures;
          (5) \20\ the cost to the United States of any 
        improvements made at each installation referred to in 
        paragraph (2) and the fair market value of such 
        improvements, expressed in constant dollars based on 
        the date of completion of the improvements;
---------------------------------------------------------------------------
    \20\ Sec. 2924(a)(4) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) struck out para. 
(5), which read: ``(5) the potential amount of receipts from residual 
value negotiations; and'', and inserted new paras. (5) and (6).
---------------------------------------------------------------------------
          (6) \20\ in each case in which negotiations between 
        the United States and a host government have resulted 
        in an agreement for the payment to the United States by 
        the host government of the value of improvements to an 
        installation made by the United States, the amount of 
        such payment, the form of such payment, and the 
        expected date of such payment; and
          (7) \21\ efforts and progress toward achieving host 
        nation offsets under section 1301(e) and reduced end 
        strength levels under section 1302.
---------------------------------------------------------------------------
    \21\ Sec. 2924(a)(3) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1931) redesignated 
para. (6) as para. (7).
---------------------------------------------------------------------------
    (b) Report on Budget Implications of Overseas Basing 
Agreements.--Whenever the Secretary of Defense enters into a 
basing agreement between the United States and a foreign 
country with respect to United States military forces outside 
the United States, the Secretary of Defense shall, in advance 
of the signing of the agreement, submit to the congressional 
defense committees a report on the Federal budget implications 
of the agreement.

SEC. 1305.\22\ BURDENSHARING CONTRIBUTIONS BY KUWAIT. * * *
---------------------------------------------------------------------------

    \22\ Sec. 1305 amended sec. 1045 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1465); see 10 USC 2350j.
---------------------------------------------------------------------------

 Subtitle B--Cooperative Agreements and Other Matters Concerning Allies

SEC. 1311.\23\ COOPERATIVE MILITARY AIRLIFT AGREEMENTS. * * *
---------------------------------------------------------------------------

    \23\ Sec. 1311 amended 10 U.S.C. 2350c.
---------------------------------------------------------------------------

SEC. 1312.\24\ COOPERATIVE AGREEMENTS WITH ALLIES. * * *
---------------------------------------------------------------------------

    \24\ Sec. 1312(a) amended 10 U.S.C. 2341, relating to the authority 
to acquire logistic support, supplies, and services for elements of the 
armed forces deployed outside the United States. Sec. 1312(b) amended 
10 U.S.C. 2347, relating to limiting liabilities that may be obligated 
or accrued by the United States during hostilities involving U.S. armed 
forces overseas.
---------------------------------------------------------------------------

SEC. 1313.\25\ AUTHORITY FOR GOVERNMENT OF OMAN TO RECEIVE EXCESS 
                    DEFENSE ARTICLES. * * *
---------------------------------------------------------------------------

    \25\ Sec. 1313 amended sec. 516(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j(a)); see Legislation on Foreign Relations Through 
2005, vol. I-A.
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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.
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          (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\
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    \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--
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    \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.--''.
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          (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.
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          (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--
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 5911.
    \43\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------
          (A) not more than $40,000,000 may be made available 
        for programs referred to in section 1412(b)(4) relating 
        to demilitarization of defense industries;
          (B) not more than $15,000,000 may be made available 
        for programs referred to in section 1412(b)(6) relating 
        to military-to-military contacts;
          (C) not more than $25,000,000 may be made available 
        for joint research development programs pursuant to 
        section 1441;
          (D) not more than $10,000,000 may be made available 
        for the study, assessment, and identification of 
        nuclear waste disposal activities by the former Soviet 
        Union in the Arctic region;
          (E) not more than $25,000,000 may be made available 
        for Project PEACE; and
          (F) not more than $10,000,000 may be made available 
        for the Volunteers Investing in Peace and Security 
        (VIPS) program under chapter 89 of title 10, United 
        States Code, as added by section 1322.
    (2) Section 221(a) of the Soviet Nuclear Threat Reduction 
Act of 1991 (title II of Public Law 102-228; 105 Stat. 1695) 
\43\ is amended--* * *
    (3) Section 221(e) of such Act is amended--* * *
    (b) Technical Revisions to Public Law 102-229.--Public Law 
102-229 \43\ is amended--* * *

                   Subtitle D--Reporting Requirements

SEC. 1431.\44\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

    (a) In General.--Not less than 15 days before obligating 
any funds made available for a program under this title, the 
President shall transmit to the Congress a report \45\ on the 
proposed obligation. Each such report shall specify--
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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:
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 5922.
---------------------------------------------------------------------------
          (1) The amounts expended for such activities and the 
        purposes for which they were expended.
          (2) The source of the funds obligated for such 
        activities, specified by program.
          (3) A description of the participation of all United 
        States Government departments and agencies and the 
        United States private sector in such activities.
          (4) A description of the activities carried out under 
        this title and the forms of assistance provided under 
        this title, including, with respect to proposed 
        industrial demilitarization projects, additional 
        information on the progress toward demilitarization of 
        facilities and the conversion of the demilitarized 
        facilities to civilian activities.
          (5) Such other information as the President considers 
        appropriate to fully inform the Congress concerning the 
        operation of the programs authorized under this title.

          Subtitle E--Joint Research and Development Programs

SEC. 1441.\47\ PROGRAMS WITH STATES OF FORMER SOVIET UNION.

    The Congress encourages the Secretary of Defense to 
participate actively in joint research and development programs 
with the independent states of the former Soviet Union through 
the nongovernmental foundation established for this purpose by 
section 511 of the Freedom for Russia and Emerging Eurasian 
Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 106 Stat. 3345; 22 U.S.C. 5861).\48\ To that end, the 
Secretary of Defense may spend those funds authorized in 
section 1421(a)(1)(C) for support, technical cooperation, in-
kind assistance, and other activities with the following 
purposes:
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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.
---------------------------------------------------------------------------
    \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.
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    \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.
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    \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.
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    (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.
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    \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--
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    \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''.
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          (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).
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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.
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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 
\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--
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  ``(i) urgent humanitarian assistance or medicine, and

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

                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.

                TITLE XVII--CUBAN DEMOCRACY ACT OF 1992

SEC. 1701.\79\ SHORT TITLE.

    This title may be cited as the ``Cuban Democracy Act of 
1992''.
---------------------------------------------------------------------------
    \79\ 22 U.S.C. 6001 note.
---------------------------------------------------------------------------

SEC. 1702.\80\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \80\ 22 U.S.C. 6001.
---------------------------------------------------------------------------
          (1) The government of Fidel Castro has demonstrated 
        consistent disregard for internationally accepted 
        standards of human rights and for democratic values. It 
        restricts the Cuban people's exercise of freedom of 
        speech, press, assembly, and other rights recognized by 
        the Universal Declaration of Human Rights adopted by 
        the General Assembly of the United Nations on December 
        10, 1948. It has refused to admit into Cuba the 
        representative of the United Nations Human Rights 
        Commission appointed to investigate human rights 
        violations on the island.
          (2) The Cuban people have demonstrated their yearning 
        for freedom and their increasing opposition to the 
        Castro government by risking their lives in organizing 
        independent, democratic activities on the island and by 
        undertaking hazardous flights for freedom to the United 
        States and other countries.
          (3) The Castro government maintains a military-
        dominated economy that has decreased the well-being of 
        the Cuban people in order to enable the government to 
        engage in military interventions and subversive 
        activities throughout the world and, especially, in the 
        Western Hemisphere. These have included involvement in 
        narcotics trafficking and support for the FMLN 
        guerrillas in El Salvador.
          (4) There is no sign that the Castro regime is 
        prepared to make any significant concessions to 
        democracy or to undertake any form of democratic 
        opening. Efforts to suppress dissent through 
        intimidation, imprisonment, and exile have accelerated 
        since the political changes that have occurred in the 
        former Soviet Union and Eastern Europe.
          (5) Events in the former Soviet Union and Eastern 
        Europe have dramatically reduced Cuba's external 
        support and threaten Cuba's food and oil supplies.
          (6) The fall of communism in the former Soviet Union 
        and Eastern Europe, the now universal recognition in 
        Latin America and the Caribbean that Cuba provides a 
        failed model of government and development, and the 
        evident inability of Cuba's economy to survive current 
        trends, provide the United States and the international 
        democratic community with an unprecedented opportunity 
        to promote a peaceful transition to democracy in Cuba.
          (7) However, Castro's intransigence increases the 
        likelihood that there could be a collapse of the Cuban 
        economy, social upheaval, or widespread suffering. The 
        recently concluded Cuban Communist Party Congress has 
        underscored Castro's unwillingness to respond 
        positively to increasing pressures for reform either 
        from within the party or without.
          (8) The United States cooperated with its European 
        and other allies to assist the difficult transitions 
        from Communist regimes in Eastern Europe. Therefore, it 
        is appropriate for those allies to cooperate with 
        United States policy to promote a peaceful transition 
        in Cuba.

SEC. 1703.\81\ STATEMENT OF POLICY.

    It should be the policy of the United States--
---------------------------------------------------------------------------
    \81\ 22 U.S.C. 6002.
---------------------------------------------------------------------------
          (1) to seek a peaceful transition to democracy and a 
        resumption of economic growth in Cuba through the 
        careful application of sanctions directed at the Castro 
        government and support for the Cuban people;
          (2) to seek the cooperation of other democratic 
        countries in this policy;
          (3) to make clear to other countries that, in 
        determining its relations with them, the United States 
        will take into account their willingness to cooperate 
        in such a policy;
          (4) to seek the speedy termination of any remaining 
        military or technical assistance, subsidies, or other 
        forms of assistance to the Government of Cuba from any 
        of the independent states of the former Soviet Union;
          (5) to continue vigorously to oppose the human rights 
        violations of the Castro regime;
          (6) to maintain sanctions on the Castro regime so 
        long as it continues to refuse to move toward 
        democratization and greater respect for human rights;
          (7) to be prepared to reduce the sanctions in 
        carefully calibrated ways in response to positive 
        developments in Cuba;
          (8) to encourage free and fair elections to determine 
        Cuba's political future;
          (9) to request the speedy termination of any military 
        or technical assistance, subsidies, or other forms of 
        assistance to the Government of Cuba from the 
        government of any other country; and
          (10) to initiate immediately the development of a 
        comprehensive United States policy toward Cuba in a 
        post-Castro era.

SEC. 1704.\82\,\83\ INTERNATIONAL COOPERATION.

    (a) Cuban Trading Partners.--The President should encourage 
the governments of countries that conduct trade with Cuba to 
restrict their trade and credit relations with Cuba in a manner 
consistent with the purposes of this title.
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    \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\
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    \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\
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    \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.
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          (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\
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    \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--* * *
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    \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.
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          * * * * * * *

 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: * * *
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    \98\ For text, see Legislation on Foreign Relations Through 2005, 
vol. IV, sec. L.
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SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.

    (a) Program.--Of funds authorized to be appropriated in 
section 3104 for fiscal year 1993 for verification and control 
activities, $10,000,000 shall be available only to carry out a 
program--
          (1) to develop and demonstrate a means for verifiable 
        dismantlement of nuclear warheads;
          (2) to safeguard and dispose of nuclear materials; 
        and
          (3) to develop reliable techniques and procedures for 
        verifying a global ban on the production of fissile 
        materials for weapons purposes.
  (b) Report.--The Secretary shall include a report on such 
program in budget justification documents submitted to Congress 
in support of the budget of the Department of Energy for fiscal 
year 1994. The report shall be submitted in both classified and 
unclassified form.

SEC. 3154. PRODUCTION OF TRITIUM.

    Nothing in this part may be construed as intending to 
affect the production of tritium.
          * * * * * * *

                      TITLE XXXII--NATIONAL SAFETY

          * * * * * * *

SEC. 3202. NUCLEAR SAFETY IN EASTERN EUROPE AND THE FORMER SOVIET 
                    UNION.

    (a) Findings.--The Congress finds that--
          (1) the Chernobyl nuclear reactor accident on April 
        26, 1986, has resulted in $283 to $352 billion worth of 
        damage, with more than 4,000,000 people still living on 
        land contaminated with radiation;
          (2) there are 16 Chernobyl-type RBMK reactors now 
        operating in Russia, Ukraine, and Lithuania, all of 
        which have faulty designs, poor construction, and 
        dangerously lax and outdated operating procedures;
          (3) there are dozens of Soviet-designed reactors now 
        operating in Eastern Europe and the former Soviet Union 
        with poor construction and lax and outdated operating 
        procedures;
          (4) a serious nuclear reactor accident in one of the 
        newly freed states of Eastern Europe and the former 
        Soviet Union would seriously exacerbate these states' 
        difficult progress towards economic recovery and could 
        lead to political instability;
          (5) retrofitting the RBMK reactors with modern 
        Western safety equipment will result in only marginal 
        safety improvements at great expense; and
          (6) alternative power sources, such as natural gas 
        turbines, and modern energy efficiency measures and 
        technologies could displace the need for much of the 
        power which these reactors provide.
    (b) United States Policy.--It is the sense of Congress that 
the President should undertake bilateral and multilateral 
initiatives, including trade initiatives, to--
          (1) assist in bringing on line enough replacement 
        power and modern energy efficiency measures and 
        technologies in the states of Eastern Europe and the 
        former Soviet Union so that the RBMK reactors may be 
        shut down as soon as possible and placed in stable 
        condition to prevent radiological contamination;
          (2) assist the states of Eastern Europe and the 
        former Soviet Union in upgrading their other nuclear 
        reactors to Western standards of safety and in ensuring 
        that all of their nuclear reactors receive routine 
        maintenance and repairs;
          (3) encourage and provide technical assistance to 
        Russia and Ukraine to enact domestic legislation 
        governing nuclear reactor safety;
          (4) negotiate formal agreements for nuclear 
        cooperation with Russia and Ukraine;
          (5) identify nuclear safety research as a principal 
        focus of the soon-to-be created nuclear science centers 
        in Ukraine and Russia; and
          (6) make greater resources available to the 
        International Atomic Energy Agency to promote programs 
        of nuclear safety in Eastern Europe and the former 
        Soviet Union.
    (c) \99\ Reporting Requirement.--Not later than 60 days 
after the date of enactment of this Act, the President shall 
submit to Congress a report with a systematic assessment of the 
nuclear reactor safety situation in Eastern Europe and the 
former Soviet Union, with a description of specific bilateral 
and multilateral initiatives the Administration is taking and 
plans to take to address these nuclear safety issues.
---------------------------------------------------------------------------
    \99\ In a Memorandum of March 4, 1993, for the Secretary of State, 
the President delegated to the Secretary of State all functions 
authorized in sec. 3202(c) (58 F.R. 14303; March 17, 1993).
---------------------------------------------------------------------------
          * * * * * * *

DIVISION D--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE

SEC. 4001.\100\ SHORT TITLE.

    This division may be cited as the ``Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992''.
---------------------------------------------------------------------------
    \100\ 10 U.S.C. 2491 note.
---------------------------------------------------------------------------

                          TITLE XLI--FINDINGS

SEC. 4101.\100\ FINDINGS.

    Congress makes the following findings:
          (1) The collapse of communism in Eastern Europe and 
        the dissolution of the Soviet Union have fundamentally 
        changed the military threat that formed the basis for 
        the national security policy of the United States since 
        the end of World War II.
          (2) The change in the military threat presents a 
        unique opportunity to restructure and reduce the 
        military requirements of the United States.
          (3) As the United States proceeds with the post-Cold 
        War defense build down, the Nation must recognize and 
        address the impact of reduced defense spending on the 
        military personnel, civilian employees, and defense 
        industry workers who have been the foundation of the 
        national defense policies of the United States.
          (4) The defense build down will have a significant 
        impact on communities as procurements are reduced and 
        military installations are closed and realigned.
          (5) Despite the changes in the military threat, the 
        United States must maintain the capability to respond 
        to regional conflicts that threaten the national 
        interests of the United States, and to reconstitute 
        forces in the event of an extended conflict.
          (6) The skills and capabilities of military 
        personnel, civilian employees of the Department of 
        Defense, defense industry workers, and defense 
        industries represent an invaluable national resource 
        that can contribute to the economic growth of the 
        United States and to the long-term vitality of the 
        national technology and industrial base.
          (7) Prompt and vigorous implementation of defense 
        conversion, reinvestment, and transition assistance 
        programs is essential to ensure that the defense build 
        down is structured in a manner that--
                  (A) enhances the long-term ability of the 
                United States to maintain a strong and vibrant 
                national technology and industrial base; and
                  (B) promotes economic growth.
          * * * * * * *

  TITLE XLIII--COMMUNITY ADJUSTMENT AND ASSISTANCE PROGRAMS AND YOUTH 
                            SERVICE PROGRAMS

          * * * * * * *
---------------------------------------------------------------------------
    \101\ Sec. 4304 added 10 U.S.C. 2552.
---------------------------------------------------------------------------

SEC. 4304.\101\ LIMITATION ON USE OF EXCESS CONSTRUCTION OR FIRE 
                    EQUIPMENT FROM DEPARTMENT OF DEFENSE STOCKS IN 
                    FOREIGN ASSISTANCE OR MILITARY SALES PROGRAMS. * * 
                    *

          * * * * * * *
           u. Department of Defense Appropriations Act, 1993

    Partial text of Public Law 102-396 [H.R. 5504], 106 Stat. 1876, 
approved October 6, 1992; amended by Public Law 103-139 [Department of 
Defense Appropriations Act, 1994; H.R. 3116], 107 Stat. 1418, approved 
 November 11, 1993; Public Law 103-160 [National Defense Authorization 
Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 
30, 1993; and by Public Law 107-107 [National Defense Authorization Act 
 for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28, 
                                  2001

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1993, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1993, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                                TITLE II

                       OPERATION AND MAINTENANCE

          * * * * * * *

                        Humanitarian Assistance

    * * * Provided further,\1\ That where required and 
notwithstanding any other provision of law, funds made 
available under this heading for fiscal year 1993 or 
thereafter, shall be available for emergency transportation of 
United States or foreign nationals or the emergency 
transportation of humanitarian relief personnel in conjunction 
with humanitarian relief operations.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 401 note.
---------------------------------------------------------------------------
          * * * * * * *

                                TITLE IX

                           GENERAL PROVISIONS

          * * * * * * *
    Sec. 9005.\2\ * * * [Repealed--2002]
---------------------------------------------------------------------------
    \2\ Formerly at 10 U.S.C. 2241 note. Popularly referred to as the 
Berry amendment. Sec. 832 of Public Law 107-107 (115 Stat. 1190) 
modified and enacted into permanent law at 10 U.S.C. 2533a. Sec. 823 of 
that Act also repealed sec. 8109 of The Department of Defense 
Appropriations Act, 1997 (sec. 101(b) of title I of Public Law 104-208; 
110 Stat. 3009), which provided clarification to sec. 9005.
---------------------------------------------------------------------------
    This Act may be cited as the ``Department of Defense 
Appropriations Act, 1993''.
 v. National Defense Authorization Act for Fiscal Years 1992 and 1993 
                                  \1\

    Partial text of Public Law 102-190 [H.R. 2100], 105 Stat. 1290, 
  approved December 5, 1991; amended by Public Law 102-484 [National 
 Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 
 2315, approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 5006], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 103-337 [National Defense 
  Authorization Act for Fiscal Year 1995; H.R. 4650], 108 Stat. 2663, 
    approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
                       approved November 18, 1997

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Years 1992 and 1993''.
---------------------------------------------------------------------------
    \1\ See also partial text of the Persian Gulf Conflict Supplemental 
Authorization and Personnel Benefits Act of 1991 (Public Law 102-25; 
105 Stat. 75).
---------------------------------------------------------------------------

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

  (a) Divisions.--This Act is organized into three divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
  (b) Table of Contents.--The table of contents for this Act is 
as follows: * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\2\
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------

SEC. 4. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1992.

  Authorizations of appropriations, and of personnel strength 
levels, in this Act for any fiscal year after fiscal year 1992 
are effective only with respect to appropriations made during 
the first session of the One Hundred Second Congress.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

                         Part E--Other Matters

          * * * * * * *

SEC. 255. CONTINUED COOPERATION WITH JAPAN ON TECHNOLOGY RESEARCH AND 
                    DEVELOPMENT.

  Of the funds authorized to be appropriated pursuant to 
section 201 for research, development, test, and evaluation for 
fiscal year 1992, and made available for basic research, 
exploratory development, and advanced technology, $10,000,000 
shall be available for such fiscal year for research and 
development projects conducted jointly by the United States and 
Japan in accordance with section 1454(d) of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1695).
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorizations of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

  (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal year 1992 for the use 
of the Armed Forces and other activities and agencies of the 
Department of Defense for expenses, not otherwise provided for, 
for operation and maintenance in amounts as follows:
           * * *
          (14) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,158,600,000.
    * * *
          (17) For Humanitarian Assistance, $13,000,000.
  (b) * * *
  (c) Authorization of Appropriations for Fiscal Year 1993.--
Funds are hereby authorized to be appropriated for fiscal year 
1993 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows:
    * * *
          (13) For Drug Interdiction and Counter-Drug 
        Activities, Defense, $1,249,400,000.
    * * *
          (16) For Humanitarian Assistance, $13,000,000.
          * * * * * * *

SEC. 304.\3\ HUMANITARIAN ASSISTANCE.

  (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(a)(17) for humanitarian assistance 
shall be used for the purpose of providing transportation for 
humanitarian relief for persons displaced or who are refugees 
because of the invasion of Afghanistan by the Soviet Union.
---------------------------------------------------------------------------
    \3\ See 10 U.S.C. 2551. See also sec. 304 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2361). Sec. 304(e) of that Act struck out subsec. (f) of this section, 
relating to reports to Congress.
---------------------------------------------------------------------------
  (2) Of the funds authorized to be appropriated for fiscal 
year 1992 pursuant to such section for such purpose, not more 
than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian non-Communist resistance, at or near the border 
between Thailand and Cambodia.
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such section for fiscal 
year 1992 for humanitarian assistance, other than the funds 
described in subsection (a)(2), to provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such section for humanitarian 
assistance shall be provided under the direction of the 
Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such section for humanitarian assistance shall be provided 
by the most economical commercial or military means available, 
unless the Secretary of State determines that it is in the 
national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such section for humanitarian assistance shall remain available 
until expended, to the extent provided in appropriation Acts.
          * * * * * * *

                         Part D--Other Matters

SEC. 341.\4\ ANNUAL REPORT ON DEFENSE CAPABILITIES AND PROGRAMS OF THE 
                    ARMED FORCES. * * *
---------------------------------------------------------------------------

    \4\ Sec. 341 amended 10 U.S.C. 113(i)(2).
---------------------------------------------------------------------------
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

       Part C--Defense Industrial and Technology Base Initiatives

SEC. 821.\5\ DEVELOPMENT OF CRITICAL TECHNOLOGIES. * * *
---------------------------------------------------------------------------

    \5\ Sec. 821 added secs. 2521, 2523-2526, redesignated sec. 2508 as 
2522 of 10 U.S.C., and collectively titled these sections as chapter 
150--Development of Dual-Use Critical Technologies. Secs. 2525 and 
2526, establishing the Office for Foreign Defense Critical Technology 
Monitoring and Assessment, and the overseas foreign critical technology 
monitoring and assessment financial assistance program, have been 
redesignated as secs. 2517 and 2518, respectively.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 828.\6\ UNITED STATES-JAPAN MANAGEMENT TRAINING PROGRAMS. * * *
---------------------------------------------------------------------------

    \6\ Sec. 828 added 10 U.S.C. 2198--Management training program in 
Japanese language and culture.
---------------------------------------------------------------------------
          * * * * * * *

             Part D--Other Defense Industrial Base Matters

          * * * * * * *

SEC. 832.\7\ REQUIREMENTS RELATING TO EUROPEAN MILITARY PROCUREMENT 
                    PRACTICES.
---------------------------------------------------------------------------

    \7\ 10 U.S.C. 113 note. Sec. 1031(18) of Public Law 106-65 (113 
Stat. 750) made sec. 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note), as 
amended, which provided that ``each provision of law requiring the 
submittal to Congress (or any committee of the Congress) of any annual, 
semiannual, or other regular periodic report specified * * * shall 
cease to be effective, with respect to that requirement, May 15, 
2000.'', inapplicable to this section. For Public Law 104-66 and other 
legislation on the repeal of reporting requirements, see Legislation on 
Foreign Relations Through 2005, vol. IV.
---------------------------------------------------------------------------
  (a) European Procurement Practices.--The Secretary of Defense 
shall--
          (1) compute the total value of American-made military 
        goods and services procured each year by European 
        governments or companies;
          (2) review defense procurement practices of European 
        governments to determine what factors are considered in 
        the selection of contractors and to determine whether 
        American firms are discriminated against in the 
        selection of contractors for purchases by such 
        governments of military goods and services; and
          (3) establish a procedure for discussion with 
        European governments about defense contract awards made 
        by them that American firms believe were awarded 
        unfairly.
  (b) Defense Trade and Cooperation Working Group.--The 
Secretary of Defense shall establish a defense trade and 
cooperation working group. The purpose of the group is to 
evaluate the impact of, and formulate United States positions 
on, European initiatives that affect United States defense 
trade, cooperation, and technology security. In carrying out 
the responsibilities of the working group, members of the group 
shall consult, as appropriate, with personnel in the 
Departments of State and Commerce and in the Office of the 
United States Trade Representative.
  (c) GAO Review.--The Comptroller General shall conduct a 
review to determine how the members of the North Atlantic 
Treaty Organization are implementing their bilateral reciprocal 
defense procurement memoranda of understanding with the United 
States. The Comptroller General shall complete the review, and 
submit to Congress a report on the results of the review, not 
later than February 1, 1992.

SEC. 833.\8\ BUY AMERICAN ACT WAIVER RESCISSIONS.
---------------------------------------------------------------------------

    \8\ Former 41 U.S.C. 10b-2. See 41 U.S.C. 10b-2 at sec. 849(c) and 
(d) of National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1725). Similar language is enacted annually in 
defense appropriations measures; see sec. 8030 of Public Law 109-148 
(119 Stat. 2705).
---------------------------------------------------------------------------
  (a) Determination by the Secretary of Defense.--(1) If the 
Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which 
is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against 
certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country.
  (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
  (b) Report to Congress.--The Secretary of Defense shall 
submit to Congress a report on the amount of Department of 
Defense purchases from foreign entities in fiscal years 1992 
and 1993. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.
  (c) Buy American Act Defined.--For purposes of this section, 
the term ``Buy American Act'' means title III of the Act 
entitled ``An Act making appropriations for the Treasury and 
Post Office Departments for the fiscal year ending June 30, 
1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
          * * * * * * *

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          * * * * * * *

                      Part C--Intelligence Matters

          * * * * * * *

SEC. 924.\9\ DEPARTMENT OF DEFENSE USE OF NATIONAL INTELLIGENCE 
                    COLLECTION SYSTEMS.

  (a) Procedures for Use.--The Secretary of Defense, after 
consultation with the Director of Central Intelligence, shall 
prescribe procedures for regularly and periodically exercising 
national intelligence collection systems and exploitation 
organizations that would be used to provide intelligence 
support, including support of the combatant commands, during a 
war or threat to national security.
---------------------------------------------------------------------------
    \9\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
  (b) Use in Joint Training Exercises.--In accordance with 
procedures prescribed under subsection (a), the Chairman of the 
Joint Chiefs of Staff shall provide for the use of the national 
intelligence collection systems and exploitation organizations 
in joint training exercises to the extent necessary to ensure 
that those systems and organizations are capable of providing 
intelligence support, including support of the combatant 
commands, during a war or threat to national security.
  (c) Report.--Not later than May 1, 1992, the Secretary of 
Defense and the Director of Central Intelligence shall submit 
to the congressional defense committees, the Select Committee 
on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives a 
joint report--
          (1) describing the procedures prescribed under 
        subsection (a); and
          (2) stating the assessment of the Chairman of the 
        Joint Chiefs of Staff of the performance in joint 
        training exercises of the national intelligence 
        collection systems and the Chairman's recommendations 
        for any changes that the Chairman considers appropriate 
        to improve that performance.

                      TITLE X--GENERAL PROVISIONS

                  Part A--Financial and Budget Matters

SEC. 1001. TRANSFER AUTHORITY.

  (a) Authority To Transfer Authorizations.--(1) Upon 
determination by the Secretary of Defense that such action is 
necessary in the national interest, the Secretary may transfer 
amounts of authorizations made available to the Department of 
Defense in this division for fiscal year 1992 between any such 
authorizations for that fiscal year (or any subdivisions 
thereof). Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
  (2) The total amount of authorizations that the Secretary of 
Defense may transfer under the authority of this section may 
not exceed $2,250,000,000.
  (b) Limitations.--The authority provided by this section to 
transfer authorizations--
          (1) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (2) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
  (c) Effect on Authorization Amounts.--A transfer made from 
one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the 
account to which the amount is transferred by an amount equal 
to the amount transferred.
  (d) Notice to Congress.--The Secretary of Defense shall 
promptly notify Congress of transfers made under the authority 
of this section.
          * * * * * * *

               Part B--Naval Vessels and Related Matters

          * * * * * * *

SEC. 1014. REPORT ON CRITERIA USED BY NAVY FOR RECOMMENDING APPROVAL OF 
                    SUBMARINE EXPORT LICENSE.

  Not later than four months after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on the matters that 
would be taken into account and the criteria that would be used 
by the Secretary in determining whether to recommend to the 
Secretary of State that a license for the export of a submarine 
constructed in the United States be granted to the applicant 
for the license.
          * * * * * * *

          Part D--Matters Related to Allies and Other Nations

SEC. 1041. SENSE OF CONGRESS REGARDING UNITED STATES TROOPS IN EUROPE.

  It is the sense of Congress that--
          (1) the United States has a strong interest in 
        continuing and strengthening the North Atlantic Treaty 
        Organization (NATO) to preserve world peace and 
        security and to aid in the transition to a Europe that 
        is whole and free;
          (2) the United States should work with its NATO 
        allies to adapt NATO to better respond to the changing 
        world situation, which includes--
                  (A) the dissolution of the Warsaw Pact as a 
                military and political alliance;
                  (B) the reduction in the threat of attack on 
                western Europe posed by the Soviet Union;
                  (C) the reduction in the amount of financial 
                resources that the United States is able to 
                devote to defense spending; and
                  (D) the improved ability of other member 
                nations of NATO to carry a greater share of the 
                common NATO defense burden;
          (3) barring unforeseen developments which result in a 
        substantial increase in the threat to the national 
        security of the United States, the Armed Forces should 
        plan for an end strength level of members of the Armed 
        Forces assigned to permanent duty ashore in European 
        member nations of NATO that should not exceed 
        approximately 100,000 members by the end of fiscal year 
        1995; and
          (4) a principal function of the members so assigned 
        should be to facilitate the rapid and large-scale 
        reception of reinforcing United States troops in the 
        event of a military necessity.

SEC. 1042.\10\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF 
                    MILITARY PERSONNEL IN EUROPE. * * *
---------------------------------------------------------------------------

    \10\ Sec. 1042 amended sec. 1002(c)(1) of the Department of Defense 
Authorization Act, 1985 (22 U.S.C. 1928 note).
---------------------------------------------------------------------------

SEC. 1043. STRATEGIC FRAMEWORK AND DISTRIBUTION OF RESPONSIBILITIES FOR 
                    THE SECURITY OF ASIA AND THE PACIFIC.

  (a) Findings.--Congress makes the following findings:
          (1) The alliance between the United States and its 
        allies in East Asia contributes greatly to the security 
        of that region.
          (2) It is in the national interest of the United 
        States to maintain a forward military and naval 
        presence in East Asia.
          (3) The pace of economic, political, and social 
        advances in many of the East Asian countries, 
        particularly Japan and South Korea, continues to 
        accelerate.
          (4) As a result of such advances the capacity of 
        those countries to contribute to the responsibilities 
        for their own defense has increased dramatically.
          (5) While the level of defense burdensharing by Japan 
        and South Korea has increased, continued acceleration 
        of the rate of transfer of that burden is desirable.
          (6) The United States remains committed to the 
        security of its friends and allies in Asia and the 
        Pacific Rim region.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should regularly review the 
        missions, force structure, and locations of its 
        military forces in Asia and the Pacific, including 
        Hawaii;
          (2) the United States should also regularly review 
        its basing structure in the Pacific and Asia, with 
        special attention to developments in the Philippines, 
        Japan, and South Korea, and determine basing, forward 
        deployments, maritime and land base prepositioning, 
        amphibious forces, and strategic lift to meet evolving 
        strategic needs;
          (3) the United States should regularly review the 
        threats and potential threats to regional peace, the 
        United States, and its friends and allies;
          (4) the United States should continue to assess the 
        feasibility and desirability of the ongoing partial, 
        gradual reduction of military forces in Asia and the 
        Pacific;
          (5) in view of the advances referred to in subsection 
        (a)(3), Japan and South Korea should continue to assume 
        increased responsibility for their own security and the 
        security of the region;
          (6) Japan and South Korea should continue to offset 
        the direct costs incurred by the United States in 
        deploying military forces for the defense of those 
        countries including costs related to the presence of 
        United States military forces in those countries; and
          (7) Japan should continue to contribute to 
        improvements to global stability by contributing to 
        countries in regions of importance to world stability 
        through the Official Development Assistance Program of 
        Japan.
  (c) Report Required.--Not later than April 1, 1992, the 
President shall submit to the congressional defense committees, 
the Committee on Foreign Relations of the Senate, and the 
Committee on Foreign Affairs \11\ of the House of 
Representatives a report on the strategic posture and military 
force structure of the United States in Asia and the Pacific, 
including the forces in Hawaii. The President shall include in 
such report a strategic plan relating to the continued United 
States presence in that region.
---------------------------------------------------------------------------
    \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (d) Content of Report.--The report required by subsection (c) 
shall specifically include the following matters:
          (1) An assessment of the trends in the regional 
        military balance involving potential threats to the 
        United States and its allies and friends in Asia and 
        the Pacific, with special attention to--
                  (A) the implications of recent developments 
                in the Soviet Union and the People's Republic 
                of China for United States and allied security 
                planning in Asia and the Pacific; and
                  (B) regional conflicts, such as the struggle 
                in Cambodia.
          (2) An assessment of the trends in acquiring and 
        deploying nuclear, biological, and chemical weapons and 
        long range missiles and other delivery systems and 
        other destabilizing transfers of arms and technology.
          (3) An assessment of the extent to which a 
        requirement continues to exist for a regional security 
        role for the United States in East Asia.
          (4) An identification of any changes--
                  (A) in the missions, force structure, and 
                locations of United States military forces in 
                Asia and the Pacific that could strengthen the 
                capabilities of such forces and lower the costs 
                of maintaining such forces; and
                  (B) in contingency and reserve armed forces 
                in the United States and other areas.
          (5) A review of the United States basing structure in 
        the Pacific and Asia with special attention to 
        developments in the Philippines, Japan, and South 
        Korea, including a review of the implications for 
        basing, forward deployments, maritime, and land base 
        prepositioning, amphibious forces, and strategic lift 
        to meet evolving strategic needs.
          (6) A discussion of the strategic implications of the 
        departure of United States forces from Clark Air Force 
        Base and of the remaining facilities in the 
        Philippines.
          (7) A discussion of the need for expanding the United 
        States access to facilities in Singapore and other 
        states in East Asia that are friendly to the United 
        States.
          (8) A discussion of the recent trends in the 
        contributions to burdensharing and the common defense 
        being made by the friends and allies of the United 
        States in Asia and the ways in which increased defense 
        responsibilities and costs presently borne by the 
        United States can be transferred to the friends and 
        allies of the United States in Asia and the Pacific.
          (9) An assessment of the feasibility of relocating 
        United States military personnel and facilities in 
        Japan and South Korea to reduce friction between such 
        personnel and the people of those countries.
          (10) A discussion of any changes in bilateral command 
        arrangements that would facilitate a transfer of 
        military missions and command to allies of the United 
        States in East Asia.
          (11) A discussion of the changes in--
                  (A) the flow of arms and military technology 
                between the United States and its friends and 
                allies;
                  (B) the balance of trade in arms and 
                technology; and
                  (C) the dependence and interdependence 
                between the United States and its friends and 
                allies in military technology.

SEC. 1044. UNITED STATES TROOPS IN KOREA.

  (a) Findings.--Congress makes the following findings:
          (1) The United States plans to reduce its troop 
        presence in the Republic of Korea to 36,500 personnel 
        by the end of 1992.
          (2) The Department of Defense has not announced 
        specific plans for further personnel reductions below 
        that level.
          (3) The National Unification Board of South Korea 
        estimates the gross national product (GNP) of North 
        Korea to have been $21,000,000,000 in 1989, while the 
        Bank of Korea estimates that the size of the Republic 
        of Korea's economy in that year was $210,000,000,000, a 
        factor of 10 larger. At its current growth rate, as 
        estimated by the Economic Planning Board of the 
        Republic of Korea, the annual expansion of the economy 
        of the Republic of Korea is nearly equivalent in size 
        to the entire North Korean economy.
          (4) The Republic of Korea continues to face a 
        substantial military threat from North Korea that 
        requires a vigorous response on both military and 
        diplomatic levels.
          (5) The Republic of Korea has decided to increase its 
        level of host nation support, although such support 
        still falls short of the actual cost involved and short 
        of the relative level provided by the Government of 
        Japan.
          (6) While recognizing that the Republic of Korea has 
        consistently increased its defense budget in real terms 
        by an average of about 6 percent annually for the past 
        five years, to a current level of 4.2 percent of gross 
        national product, the Republic of Korea devotes a 
        smaller share of its economy to defense than does the 
        United States, at 4.9 percent of gross national 
        product.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the Republic of Korea remains an important ally 
        of the United States, with the two countries sharing 
        important political, economic, and security interests;
          (2) commensurate with the security situation on the 
        Korean peninsula and the size and vitality of the 
        economy of the Republic of Korea--
                  (A) the Department of Defense should consider 
                whether future reductions of United States 
                military forces from the Republic of Korea 
                beyond those now planned to be completed by the 
                end of 1992 can be made in a way that does not 
                undermine the credibility or effectiveness of 
                those forces against an attack by North Korea; 
                and
                  (B) the Republic of Korea should undertake 
                greater efforts to meet its security 
                requirements, particularly in the area of force 
                modernization; and
          (3) the Government of the Republic of Korea should 
        increase the level of host nation support it provides 
        to United States forces in the area so that its 
        relative level more closely approximates that of Japan.
  (c) Presidential Report.--(1) The President shall transmit to 
Congress, either separately or as part of another relevant 
report, a report on the overall security situation on the 
Korean peninsula, the implications of relevant political and 
economic developments in the area for the security situation 
there, and United States policy for the area.
  (2) Issues covered in the report shall include--
          (A) a qualitative and quantitative assessment of the 
        military balance on the Korean peninsula;
          (B) a description of the material requirements of the 
        armed forces of the Republic of Korea;
          (C) a description of United States military personnel 
        requirements;
          (D) a description of the state of United States-
        Republic of Korea relations, the state of China-
        Republic of Korea relations, and the state of Soviet-
        Republic of Korea relations; and
          (E) a description of prospects for change in North 
        Korea.
  (3) The report shall be transmitted not later than June 30, 
1992, and shall be transmitted in both classified and 
unclassified form.

SEC. 1045.\12\ BURDENSHARING CONTRIBUTIONS BY JAPAN, KUWAIT, AND THE 
                    REPUBLIC OF KOREA. * * * [REDESIGNATED TO 10 U.S.C. 
                    2350J--1993]
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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).
---------------------------------------------------------------------------

SEC. 1046.\13\ DEFENSE COST-SHARING.
---------------------------------------------------------------------------

    \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. * * *
---------------------------------------------------------------------------

    \19\ Sec. 1051 amended 10 U.S.C. 2350e.
---------------------------------------------------------------------------

SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN 
                    FORCES.

    (a) \20\ Authority to Pay Training Expenses.--* * *
---------------------------------------------------------------------------
    \20\ Sec. 1052(a) added a new 10 U.S.C. 2011--Special Operations 
Forces: Training With Friendly Foreign Forces.
---------------------------------------------------------------------------
  (b) \21\ Budgeting for Training.--* * *
---------------------------------------------------------------------------
    \21\ Sec. 1052(b) amended 10 U.S.C. 166.
---------------------------------------------------------------------------

SEC. 1053.\22\ EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN 
                    FOREIGN COMPARATIVE TESTING PROGRAM. * * *
---------------------------------------------------------------------------

    \22\ Sec. 1053 amended 10 U.S.C. 2350a(g).
---------------------------------------------------------------------------

SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT MILITARY 
                    INSTALLATIONS OUTSIDE THE UNITED STATES.

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

      Part F--Congressional Findings, Policies, and Commendations

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

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

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

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

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

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

                     Part G--Miscellaneous Matters

          * * * * * * *

SEC. 1082.\23\ DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED FOR 
                    UNITED STATES PERSONNEL OF THE COLD WAR, THE KOREAN 
                    CONFLICT, AND THE VIETNAM ERA.

  (a) Public Availability of Information.--(1) Except as 
provided in subsection (b), the Secretary of Defense shall, 
with respect to any information referred to in paragraph (2), 
place the information in a suitable library-like location 
within a facility within the National Capital region for public 
review and photocopying.
---------------------------------------------------------------------------
    \23\ 50 U.S.C. 401 note. Originally enacted with a catchline that 
read ``Disclosure of Information Concerning United States Personnel 
Classified As Prisoner of War or Missing in Action During Vietnam 
Conflict''; restated by sec. 1036(4) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 
2842).
---------------------------------------------------------------------------
    (2) \24\ Paragraph (1) applies to any record, live-sighting 
report, or other information in the custody of the official 
custodian referred to in subsection (d)(3) that may pertain to 
the location, treatment, or condition of (A) United States 
personnel who remain not accounted for as a result of service 
in the Armed Forces or other Federal Government service during 
the Korean conflict, the Vietnam era, or the Cold War, or (B) 
their remains.
---------------------------------------------------------------------------
    \24\ Sec. 1036(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2841) amended and 
restated para. (2). It previously referred only to Vietnam-era POW/MIA.
---------------------------------------------------------------------------
  (B) For purposes of this section, a Vietnam-era POW/MIA is 
any member of the Armed Forces or civilian employee of the 
United States who was at any time classified as a prisoner of 
war or missing in action during the Vietnam era and whose 
person or remains have not been returned to United States 
control.
  (b) Exceptions.--(1) The Secretary of Defense may not make a 
record or other information available to the public pursuant to 
subsection (a) if--
          (A) the record or other information is exempt from 
        the disclosure requirements of section 552 of title 5, 
        United States Code, by reason of subsection (b) of that 
        section; or
          (B) the record or other information is in a system of 
        records exempt from the requirements of subsection (d) 
        of section 552a of such title pursuant to subsection 
        (j) or (k) of that section.
  (2) The Secretary of Defense may not make a record or other 
information available to the public pursuant to subsection (a) 
if the record or other information specifically mentions a 
person by name unless--
          (A) in the case of a person who is alive (and not 
        incapacitated) and whose whereabouts are known, that 
        person expressly consents in writing to the disclosure 
        of the record or other information; or
          (B) in the case of a person who is dead or 
        incapacitated or whose whereabouts are unknown, a 
        family member or family members of that person 
        determined by the Secretary of Defense to be 
        appropriate for such purpose expressly consent in 
        writing to the disclosure of the record or other 
        information.
  (3)(A) The limitation on disclosure in paragraph (2) does not 
apply in the case of a person who is dead or incapacitated or 
whose whereabouts are unknown if the family member or members 
of that person determined pursuant to subparagraph (B) of that 
paragraph cannot be located by the Secretary of Defense-- \25\
---------------------------------------------------------------------------
    \25\ Sec. 1085(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 457) struck out 
``cannot be located after a reasonable effort.'' and inserted in lieu 
thereof ``cannot be located by the Secretary of Defense--'' and clauses 
(i) and (ii).
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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.
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    \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]
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    \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.
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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.
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    \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.
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          (2) The term ``weaponize'' or ``weaponization'' means 
        to incorporate into, or the incorporation into, usable 
        ordnance or other militarily useful means of delivery.
  (g) Repeal of Superseded Law.--Section 1704 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 104 Stat. 1749; 22 U.S.C. 2797) is repealed.
          * * * * * * *

 TITLE XII--SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR OPERATION 
                              DESERT STORM

SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS.

  (a) Applicability of Public Law 102-25 Authorizations to 
Fiscal Year 1992.--Sections 101 and 102(c) of Public Law 102-25 
(105 Stat. 78) are each amended by striking out ``fiscal year 
1991'' each place it appears and inserting in lieu thereof 
``fiscal years 1991 and 1992''.
  (b) Limitation on Applicability of Notice-and-Wait 
Requirement.--The provisions of section 105 of Public Law 102-
25 (105 Stat. 79) shall apply only to appropriations provided 
in Public Law 102-28 (105 Stat. 161).\39\
---------------------------------------------------------------------------
    \39\ See text of Public Law 102-28 at 105 Stat. 161.
---------------------------------------------------------------------------
  (c) Increased Limitation on Authority for Transfer of Fiscal 
Year 1992 Authorizations.--The amount of the transfer authority 
provided in section 1001 is increased by the amount of the 
transfers of funds made to fiscal year 1992 appropriations 
accounts pursuant to sections 101 and 102(c) of Public Law 102-
25, as amended by subsection (a).
  (d) Technical Amendments.--* * *
          * * * * * * *

SEC. 1203. DEFINITIONS.

  (a) Inclusion of Operation Provide Comfort.--Section 3(1) of 
Public Law 102-25 (105 Stat. 77) is amended by striking out 
``Operation Desert Shield and Operation Desert Storm'' and 
inserting in lieu thereof ``Operation Desert Shield, Operation 
Desert Storm, and Operation Provide Comfort''.
  (b) Incremental Costs Associated With Operation Desert 
Storm.--In this title, the term ``incremental costs associated 
with Operation Desert Storm'' has the meaning given such term 
in section 3(2) of Public Law 102-25 (105 Stat. 77).

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

  This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 1992''.
          * * * * * * *

      TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Infrastructure program as provided 
in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be 
appropriated for this purpose in section 2502 and the amount 
collected from the North Atlantic Treaty Organization as a 
result of construction previously financed by the United 
States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 1991, for contributions by 
the Secretary of Defense under section 2806 of title 10, United 
States Code, for the share of the United States of the cost of 
projects for the North Atlantic Treaty Organization 
Infrastructure program as authorized by section 2501, in the 
amount of $225,000,000.
          * * * * * * *

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS.

  (a) Expiration of Authorizations After Three Years in Certain 
Cases.--Except as provided in subsection (b), all 
authorizations contained in titles XXI, XXII, XXIII, XXIV, XXV, 
and XXVI for military construction projects, land acquisition, 
family housing projects and facilities, and contributions to 
the North Atlantic Treaty Organization Infrastructure program 
(and authorizations of appropriations therefor) shall expire on 
the later of--
          (1) October 1, 1994; or
          (2) the date of the enactment of an Act authorizing 
        funds for military construction for fiscal year 1995.
  (b) Exception.--Subsection (a) shall not apply with respect 
to authorizations for military construction projects, land 
acquisition, family housing projects and facilities, and 
contributions to the North Atlantic Treaty Organization 
Infrastructure program (and authorizations of appropriations 
therefor), for which appropriated funds have been obligated 
before the later of--
          (1) October 1, 1994; or
          (2) the date of the enactment of an Act authorizing 
        funds for fiscal year 1995 for military construction 
        projects, land acquisitions, family housing projects 
        and facilities, or contributions to the North Atlantic 
        Treaty Organization Infrastructure program.
          * * * * * * *

                    TITLE XXVIII--GENERAL PROVISIONS

          * * * * * * *

              Part D--Prohibition on Certain Construction

SEC. 2851. PROHIBITION ON CONSTRUCTION AT CROTONE, ITALY.

  None of the funds available to the Department of Defense, 
including contributions for the North Atlantic Treaty 
Organization Infrastructure program pursuant to section 2806 of 
title 10, United States Code, may be obligated in connection 
with relocating functions of the Department of Defense located 
at Torrejon Air Force Base, Madrid, Spain, on June 15, 1989, to 
Crotone, Italy.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                         Part C--Miscellaneous

          * * * * * * *

SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS 
                    AND TEST BAN READINESS PROGRAM.

  (a) Sense of Congress.--It is the sense of Congress that the 
United States and the Soviet Union share a special 
responsibility to resume the Nuclear Testing Talks to continue 
negotiations toward additional limitations on nuclear weapons 
testing.
  (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report containing a proposed schedule for resumption of the 
Nuclear Testing Talks and identifying the goals to be pursued 
in those talks.
  (c) Nuclear Test Ban Readiness Program.--Of the funds 
appropriated to the Department of Energy for fiscal year 1992 
for weapons activities, $20,000,000 shall be available to 
conduct the nuclear test ban readiness program established 
pursuant to section 1436 of the National Defense Authorization 
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 
note).

SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.

  (a) Findings.--The Congress makes the following findings:
          (1) On September 27, 1991, the President announced as 
        part of a unilateral initiative designed to ``enhance 
        stability and reduce the risk of nuclear war,'' that 
        the United States should explore with the Soviet Union 
        ``joint technical cooperation on the safe and 
        environmentally responsible storage, transportation, 
        dismantling, and destruction of nuclear weapons''.
          (2) On October 5, 1991, the President of the Soviet 
        Union stated in response that ``We hereby stress 
        readiness to embark on a specific dialogue with the 
        United States on the elaboration of safe and 
        ecologically responsible technologies for the storage 
        and transportation of nuclear warheads and nuclear 
        charges, and to design jointly measures to enhance 
        nuclear safety''.
          (3) The President's initiative and the Soviet 
        response hold out the prospect of enhancing stability 
        and reducing the risk of nuclear war.
  (b) Congressional Endorsement.--Congress strongly endorses 
the initiative proposed by the President and the Soviet 
response and looks forward--
          (1) to hearing the proposed initiatives of the 
        President during the congressional review of the 
        President's proposed budget for fiscal year 1993; and
          (2) to helping facilitate such initiatives through 
        appropriate legislative measures which are requested by 
        the President.
  (c) Warhead Dismantlement.--Of the funds appropriated to the 
Department of Energy for fiscal year 1992 for weapons 
activities, $10,000,000 shall be available to conduct a program 
to develop and demonstrate a means for verifiable dismantlement 
of nuclear warheads.

SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.

  (a) Report.--Not later than April 1, 1992, the President 
shall submit to the congressional defense committees a report 
containing the following:
          (1) Information on the national security requirements 
        of each of the following items, for the period 
        beginning on September 30, 1991, and ending on 
        September 30, 2001:
                  (A) The planned stockpile of nuclear weapons.
                  (B) The amount of tritium necessary to 
                maintain the planned stockpile, including--
                          (i) the amount of tritium available 
                        from inventory;
                          (ii) the amount of tritium that must 
                        be produced and when; and
                          (iii) an assessment of the need for 
                        and duration of operation of the K-
                        reactor, located at the Savannah River 
                        Site in South Carolina.
                  (C) The feasibility and desirability of use 
                of W-76 warheads in place of W-88 warheads in 
                the Trident II missiles carried by Trident 
                Fleet Ballistic Missile submarines.
                  (D) The need for and duration of operation of 
                the Rocky Flats Plant facilities (other than 
                Building 559) located at Golden, Colorado, for 
                the purposes of--
                          (i) production of W-88 warheads; and
                          (ii) plutonium operations other than 
                        warhead production.
                  (E) The earliest practicable date for the 
                commencement of operation of facilities that 
                replace the K-reactor and the Rocky Flats 
                Plant, including an assessment of the effect of 
                a delay (beyond the second quarter of fiscal 
                year 1992) in the selection of the site and the 
                technology for the new production reactor.
          (2) A plan for assistance to the workforce at Rocky 
        Flats and the K-reactor, including retraining for new 
        employment opportunities at the sites, that could be 
        provided in the event that either facility ceases 
        production.
  (b) Form of Report.--The report required by subsection (a) 
shall be submitted in classified and unclassified form.
          * * * * * * *

                TITLE XXXV--PANAMA CANAL COMMISSION \40\

          * * * * * * *
---------------------------------------------------------------------------
    \40\ See Legislation on Foreign Relations Through 2005, vol. II.
       w. National Defense Authorization Act for Fiscal Year 1991

    Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485, 
 approved November 5, 1990; amended by Public Law 102-25 [Persian Gulf 
Conflict Supplemental Authorization and Personnel Benefits Act of 1991; 
   S. 725], 105 Stat. 75, approved April 6, 1991; Public Law 102-190 
  [National Defense Authorization Act for Fiscal Years 1992 and 1993; 
 H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
  484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 
 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160 
 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 
    107 Stat. 1547, approved November 30, 1993; Public Law 103-335 
[National Defense Authorization Act for Fiscal Year 1995; S. 2182], 108 
  Stat. 2663, approved October 5, 1994; Public Law 104-106 [National 
  Defense Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 
 186, approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
   approved September 23, 1996; Public Law 105-85 [National Defense 
  Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
approved November 18, 1997; Public Law 105-261 [Strom Thurmond National 
 Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 
 1920, approved October 17, 1998; Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
    approved October 5, 1999; Public Law 107-107 [National Defense 
   Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, 
   approved December 28, 2001; Public Law 108-136 [National Defense 
  Authorization Act for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, 
                       approved November 24, 2003

 AN ACT To authorize appropriations for fiscal year 1991 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Year 1991''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

  (a) Divisions.--This Act is organized into four divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          (4) Division D--Economic Adjustment, Diversification, 
        Conversion, and Stabilization.
          * * * * * * *

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

          * * * * * * *

                         Part E--Other Matters

SEC. 241.\2\ BIOLOGICAL DEFENSE RESEARCH PROGRAM * * *
---------------------------------------------------------------------------

    \2\ Sec. 241 added a new sec. 2370 to 10 U.S.C.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 248. ESTABLISHMENT OF DEPARTMENT OF DEFENSE TECHNOLOGY OFFICE IN 
                    JAPAN

  (a) In General.--The Secretary of Defense shall establish an 
office of the Department of Defense in Japan to investigate, 
evaluate, and facilitate opportunities for cooperation between 
the United States and Japan for the development of technologies 
of interest to the Department of Defense.
  (b) Deadline.--The Secretary of Defense shall establish such 
office no later than September 30, 1991.

SEC. 249. GRANT FOR STUDY AND ANALYSIS OF THE SOVIET UNION AND CERTAIN 
                    OTHER COUNTRIES

  Of the amounts authorized to be appropriated pursuant to 
section 201, $600,000 shall be available for making a grant to 
one or more qualified nonprofit organizations for the support 
of research and analyses by emigrants from the Soviet Union, 
the countries of Eastern Europe (including Albania), and Cuba 
regarding political, economic, social, and other developments 
in those countries.

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorization of Appropriations

          * * * * * * *

SEC. 303. HUMANITARIAN ASSISTANCE

  (a) Purpose.--(1) Funds appropriated pursuant to the 
authorization in section 301(a)(17) \3\ for humanitarian 
assistance shall be used for the purpose of providing 
transportation for humanitarian relief for persons displaced or 
who are refugees because of the invasion of Afghanistan by the 
Soviet Union.
---------------------------------------------------------------------------
    \3\ Sec. 301(a)(17) authorized ``For Humanitarian Assistance, 
$13,000,000.''.
---------------------------------------------------------------------------
  (2) Of the funds authorized to be appropriated for fiscal 
year 1991 pursuant to such section for such purpose, not more 
than $3,000,000 shall be available for distribution of 
humanitarian relief supplies to displaced persons or refugees 
who are noncombatants, including those affiliated with the 
Cambodian nonCommunist resistance, at or near the border 
between Thailand and Cambodia.
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such section for fiscal 
year 1991 for humanitarian assistance, other than the funds 
described in subsection (a)(2), to provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such section for humanitarian 
assistance shall be provided under the direction of the 
Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such section for humanitarian assistance shall be provided 
by the most economical commercial or military means available, 
unless the Secretary of State determines that it is in the 
national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such section for humanitarian assistance shall remain available 
until expended, to the extent provided in appropriation 
Acts.\4\
---------------------------------------------------------------------------
    \4\ Sec. 304(f)(5) of Public Law 102-190 (105 Stat. 1334) struck 
out subsec. (f).
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          * * * * * * *

                    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 * * *
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    \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).
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          * * * * * * *

  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 * * *
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    \7\ Sec. 801 amended 10 U.S.C. 2208(i); redesignated as 10 U.S.C. 
4543.
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          * * * * * * *

  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.
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    \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''.
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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.
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    \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).
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SEC. 1009. ANDEAN ANTI-DRUG EFFORTS

  (a) Findings.--Congress makes the following findings:
          (1) The support for democratic process and civilian 
        governance in the Andean countries of Peru, Bolivia, 
        and Colombia, the first two of which have only recently 
        emerged from periods of military rule, is a necessary 
        precondition for long-term stability in those countries 
        and for the successful fight against the production and 
        traffic of illegal drugs in those countries.
          (2) The separation of military and civilian law 
        enforcement functions has historically been a critical 
        element in democracies around the world, including the 
        United States.
          (3) There is a need to determine whether the current 
        policies of the United States unduly emphasize 
        assistance to military entities of those countries 
        rather than civilian law enforcement entities in 
        carrying out anti-drug efforts in those countries and 
        whether such policies might tend to undermine the dual 
        long-term policy goals of the United States of stopping 
        the traffic of drugs at their sources and the 
        preservation of civilian control over the newly 
        established democracies of the Andean countries.
          (4) There is a need to assess the impact that United 
        States assistance in the Andean anti-drug effort will 
        have on reducing drug activity and supporting 
        democratic processes in the Andean countries.
  (b) Report Required.--(1) Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State and 
the Secretary of Defense shall, in consultation with the 
Director of the Office of National Drug Control Policy, jointly 
submit to Congress a report detailing current United States 
policies with respect to the Andean countries in general and 
with respect to the counter-drug enforcement activities and 
associated training programs of the United States in such 
countries in particular.
  (2) Such report shall include an analysis of the impact that 
the involvement of the military forces of the Andean countries 
in counter-drug enforcement activities has on the democratic 
institutions of those countries and how the civilian 
institutions of those countries might be strengthened in order 
to assure the successful pursuit of a counter-drug strategy.
  (3) Such report shall contain specific legislative 
recommendations for improving the assistance activities of the 
United States in the Andean countries in order to avoid 
unnecessary duplications and contradictions in meeting United 
States policy goals in those countries.

SEC. 1010. CREATION OF A MULTILATERAL COUNTER-DRUG STRIKE FORCE

  (a) Findings.--Congress makes the following findings:
          (1) Congress has in the past sought approval for a 
        multilateral strike force dedicated to the war on 
        drugs.
          (2) The proposal by the Prime Minister of Jamaica for 
        the creation of a multilateral, international counter-
        drug strike force is the first operative proposal for 
        the use of a multilateral force against the drug 
        cartels in Latin America by a government leader in the 
        Western Hemisphere and should be given serious 
        consideration.
  (b) Sense of the Congress.--It is the sense of Congress 
that--
          (1) the Prime Minister of Jamaica is to be commended 
        for his proposal;
          (2) the President should call for international 
        negotiations for the purpose of discussing the 
        establishment of an international strike force to 
        counter international drug traffickers; and
          (3) the United States should work through the United 
        Nations and other multilateral organizations to 
        determine the feasibility of establishing and using a 
        force and should assist in the establishment of such a 
        force if the President determines the proposal to be 
        feasible.

SEC. 1011.\12\ COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER * * *
---------------------------------------------------------------------------

    \12\ Sec. 1011 added a new sec. 1003A to title I of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 1501 et seq.).
---------------------------------------------------------------------------

                 TITLE XI--OPERATION DESERT SHIELD \13\

          * * * * * * *
---------------------------------------------------------------------------
    \13\ Title XI authorized appropriations and transfers made by 
Public Law 101-403 for Operation Desert Shield, and addressed military 
personnel and procurement matters arising from Operation Desert Shield. 
See legislation relating to Iraq beginning at page 6.
---------------------------------------------------------------------------

                     TITLE XIV--GENERAL PROVISIONS

                  Part A--Financial and Budget Matters

          * * * * * * *

SEC. 1405.\14\ CONTROLS ON THE AVAILABILITY OF APPROPRIATION ACCOUNTS
---------------------------------------------------------------------------

    \14\ The President determined ``* * * it to be in furtherance of 
the purposes of the [Foreign Assistance] Act [of 1961] that the 
functions authorized by the Act be performed without regard to section 
1405 of the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510), and amendments contained therein.''.
    Furthermore, ``[t]his determination shall apply only to funds 
appropriated to carry out the provisions of the Act that were 
appropriated for fiscal year 1984 and for prior fiscal years, and shall 
suspend the application of the provisions of section 1405 of the 
National Defense Authorization Act for Fiscal Year 1991, and amendments 
contained therein, through September 30, 1992.'' (Presidential 
Determination 91-21 of February 27, 1991; 56 F.R. 10771).
---------------------------------------------------------------------------
  (a) \15\ Procedures for Closing Appropriation Accounts.--(1) 
Subchapter IV of chapter 15 of title 31, United States Code, 
(other than section 1558), is amended to read as follows: * * *
---------------------------------------------------------------------------
    \15\ See 31 U.S.C. 1551 through 1557, relating to DOD accounts.
---------------------------------------------------------------------------
  (b) \16\ Transition.--* * *
---------------------------------------------------------------------------
    \16\ 31 U.S.C. 1551 note.
---------------------------------------------------------------------------
          * * * * * * *

                  Part C--Guard and Reserve Initiative

          * * * * * * *

SEC. 1432. FINDINGS AND SENSE OF CONGRESS REGARDING THE IMPORTANCE OF 
                    THE READY RESERVE

  (a) Findings.--The Congress finds that--
          (1) as a result of the recent dramatic changes in 
        Eastern Europe and the Soviet Union, the active 
        military forces of the United States will be 
        significantly reduced; and
          (2) as a consequence of that reduction it will be 
        necessary to rely increasingly, in the event of a 
        threat to the national security, on the immediate 
        availability of trained personnel of the Ready Reserve 
        of the reserve components of the Armed Forces.
  (b) Sense of Congress.--In light of the finding in subsection 
(a), it is the sense of Congress that--
          (1) the Secretary of Defense should take appropriate 
        action to ensure that members of the Ready Reserve are 
        made fully aware of their continuing obligation for 
        immediate service in the active military forces in the 
        event of a war or national emergency;
          (2) the Secretary should use the annual muster 
        provided for under section 687 of title 10, United 
        States Code, as a means of alerting such personnel to 
        that obligation; and
          (3) the Secretary should ensure that adequate funds 
        are made available, out of funds appropriated for the 
        reserve components, to carry out the annual muster of 
        such personnel.
          * * * * * * *

SEC. 1434. SENSE OF CONGRESS CONCERNING UNITED STATES ARMORED FORCES

  (a) Findings.--Congress makes the following findings:
          (1) Dramatic political and military changes have 
        occurred recently in Eastern Europe.
          (2) The Warsaw Pact is no longer a credible military 
        threat to the North Atlantic Treaty Organization 
        (NATO).
          (3) It appears that the heavy armored armies of both 
        NATO and the Warsaw Pact will be substantially reduced 
        as the result of arms control agreements or unilateral 
        actions.
          (4) There is a continued need for armor forces and 
        many countries possess large inventories of modern 
        tanks.
          (5) The Soviet Union will still produce 1,400 new 
        tanks in 1990.
          (6) With significantly increased warning times of 
        enemy attack, greater reliance will be placed on United 
        States reserve component forces for armored heavy force 
        reinforcement missions.
          (7) There is a need to enhance the capabilities of 
        armored forces of the reserve components to assume 
        increased responsibilities for armored heavy force 
        reinforcement missions.
  (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of the Congress that--
          (1) the Army should take timely and necessary steps 
        to enhance the capabilities of armored forces of the 
        reserve components;
          (2) the United States Army Armor Center should 
        continue as the center for training, education, 
        doctrine, and combat development for the armored forces 
        of the United States, both active and reserve; and
          (3) the United States Army Armor Center should ensure 
        that the armored forces of the reserve components are 
        adequately prepared to accept the increased role in 
        armored heavy force reinforcement missions that will be 
        assigned to them.
          * * * * * * *

                   Part D--Arms Control Matters \17\

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

          Part E--Matters Relating to Allies and Other Nations

SEC. 1451.\18\ RECIPROCAL LOGISTICAL SUPPORT * * *

SEC. 1452.\19\ DEPARTMENT OF DEFENSE OMBUDSMAN FOR FOREIGN SIGNATORIES 
                    OF INTER-GOVERNMENTAL MEMORANDUMS OF AGREEMENT 
                    CONCERNING ACQUISITION MATTERS * * *

SEC. 1453.\20\ EXPANSION OF SCOPE OF REQUIREMENTS RELATING TO DEFENSE 
                    MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS * 
                    * *

SEC. 1454. COOPERATION WITH JAPAN ON TECHNOLOGICAL RESEARCH AND 
                    DEVELOPMENT

  (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \18\ Sec. 1451(a) amended sec. 2342(a) of title 10, United States 
Code, relating to cross-servicing agreements. Subsec. (b) added a new 
sec. 2350g to 10 U.S.C., relating to mutual defense agreements and 
occupational arrangements. Subsec. (c) made conforming amendments to 
earlier Defense appropriations.
    \19\ Sec. 1452 added a new 10 U.S.C. 2350h, relating to memorandums 
of agreement and DOD ombudsman for foreign signatories.
    \20\ Sec. 1453 amended sec. 2504(a) of title 10 U.S.C., 
redesignated as 10 U.S.C. 2531.
---------------------------------------------------------------------------
          (1) Japan has developed highly sophisticated research 
        and manufacturing capabilities.
          (2) Those capabilities have produced technologies 
        that can be usefully applied to the development and 
        manufacture of both commercial products and defense 
        equipment.
          (3) The availability of those technologies to the 
        United States would greatly enhance the development and 
        manufacture of defense equipment for the Armed Forces 
        of the United States.
          (4) Since the exchange of notes between the United 
        States and Japan on the transfer of Japanese military 
        technologies in 1983, the level and quality of 
        technological cooperation between the two countries 
        have been unsatisfactory.
          (5) Effective cooperation in technology research and 
        development between the United States and Japan would 
        enhance the security of both countries.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States and Japan should strengthen 
        their cooperation with regard to technology that would 
        contribute to the security of both countries;
          (2) technological cooperation between the two 
        countries should be based upon an equitable and mutual 
        sharing of the costs and benefits of that cooperation; 
        and
          (3) the Secretary of Defense should improve the 
        staffing, funding, and organization of those activities 
        within the Department of Defense responsible for 
        implementing and overseeing technological cooperation 
        with Japan.
  (c) Cooperation on Research and Development.--In light of the 
expressions in subsections (a) and (b), Congress urges and 
requests the President and directs the Secretary of Defense to 
pursue vigorously opportunities for the United States and Japan 
to cooperate in the development of technologies that benefit 
the security of both countries, particularly those technologies 
that have both commercial and military applications, commonly 
referred to as ``dual-use'' technologies.
  (d) Cooperative Research and Development Projects.--(1) 
Subject to paragraphs (2) and (3), of the funds authorized to 
be appropriated pursuant to section 201 for basic research, 
exploratory development, and advanced technology, $10,000,000 
shall be available for research and development projects 
conducted jointly by the United States and Japan, pursuant to a 
memorandum of understanding or other formal agreement, for the 
purpose of--
          (A) developing new conventional defense equipment; or
          (B) modifying existing defense equipment to meet 
        United States defense requirements.
  (2)(A) Funds made available for research and development 
projects under paragraph (1) may be obligated and expended for 
a particular research project only if the Secretary of Defense 
determines that--
          (i) the particular project will improve, through the 
        application of emerging technology, the conventional 
        defense capabilities of the United States and Japan; 
        and
          (ii) the applicable memorandum of understanding or 
        other formal agreement provides for the sharing of 
        costs on an equitable basis.
  (B) The Secretary may delegate the performance of the 
responsibility to make determinations under subparagraph (A) 
only to the Deputy Secretary of Defense or the Under Secretary 
of Defense for Acquisition.
  (3) None of the funds made available for research and 
development projects under paragraph (1) may be used for 
research and development under the Strategic Defense 
Initiative.
  (e) Staffing.--The Secretary of Defense is urged to increase 
the number of personnel assigned to the Office of the Deputy 
Under Secretary of Defense (International Programs) for the 
specific purpose of providing oversight of the joint research 
and development projects of the United States and Japan for 
which funds are made available under subsection (d).

SEC. 1455.\21\ PERMANENT CEILING ON UNITED STATES ARMED FORCES IN JAPAN 
                    AND CONTRIBUTIONS BY JAPAN TO THE SUPPORT OF UNITED 
                    STATES FORCES IN JAPAN

  (a) \22\ Purpose.--It is the purpose of this section to 
require Japan to offset the direct costs (other than pay and 
allowances for United States military and civilian personnel) 
incurred by the United States related to the presence of United 
States military personnel in Japan.
---------------------------------------------------------------------------
    \21\ 10 U.S.C. 113 note.
    \22\ Sec. 8105 of the Department of Defense Appropriations Act, 
1991 (Public Law 101-511; 104 Stat. 1902), provided the following:
---------------------------------------------------------------------------

``sec. 8105. contributions by japan to the support of united states forces 
in japan.--
---------------------------------------------------------------------------

    ``(a) Permanent Ceiling on United States Armed Forces in Japan.--
After September 30, 1990, funds appropriated pursuant to an 
appropriation contained in this Act or any subsequent Act may not be 
used to support an end strength level of all personnel of the Armed 
Forces of the United States stationed in Japan at any level in excess 
of 50,000.
    ``(b) Annual Reduction in Ceiling Unless Support Furnished.--Unless 
the President certifies to Congress before the end of each fiscal year 
that Japan has agreed to offset for that fiscal year the direct costs 
incurred by the United States related to the presence of all United 
States military personnel in Japan, excluding the military personnel 
title costs, the end strength level for that fiscal year of all 
personnel of the Armed Forces of the United States stationed in Japan 
may not exceed the number that is 5,000 less than such end strength 
level for the preceding fiscal year.
    ``(c) Sense of Congress.--It is the sense of Congress that all 
those countries that share the benefits of international security and 
stability should share in the responsibility for that stability and 
security commensurate with their national capabilities. The Congress 
also recognizes that Japan has made a substantial pledge of financial 
support to the effort to support the United Nations Security Council 
resolutions on Iraq. The Congress also recognizes that Japan has a 
greater economic capability to contribute to international security and 
stability than any other member of the international community and 
wishes to encourage Japan to contribute commensurate with that 
capability.
    ``(d) Exceptions.--(1) This section shall not apply in the event of 
a declaration of war or an armed attack on Japan.
    ``(2) The President may waive the limitation in this section for 
any fiscal year if he declares that it is in the national interest to 
do so and immediately informs Congress of the waiver and the reasons 
for the waiver.
    ``(e) Effective Date.--This section shall take effect on the date 
of enactment of this Act.''.
---------------------------------------------------------------------------
  (b) Permanent Ceiling on United States Armed Forces in 
Japan.--Funds appropriated pursuant to an authorization 
contained in this Act or any subsequent Act may not be used to 
support an end strength level of all personnel of the Armed 
Forces of the United States stationed in Japan at any level in 
excess of 50,000.
  (c) Sense of Congress on Allied Burden Sharing.--(1) Congress 
recognizes that Japan has made a substantial pledge of 
financial support to the effort to support the United Nations 
Security Council resolutions on Iraq.
  (2) It is the sense of Congress that--
          (A) all countries that share the benefits of 
        international security and stability should, 
        commensurate with their national capabilities, share in 
        the responsibility for maintaining that security and 
        stability; and
          (B) given the economic capability of Japan to 
        contribute to international security and stability, 
        Japan should make contributions commensurate with that 
        capability.
  (d) Negotiations.--At the earliest possible date after the 
date of the enactment of this Act, the President shall enter 
into negotiations with Japan for the purpose of achieving an 
agreement before September 30, 1991, under which Japan offsets 
all direct costs (other than pay and allowances for United 
States military and civilian personnel) incurred by the United 
States related to the presence of all United States military 
personnel stationed in Japan.
  (e) Exceptions.--(1) This section shall not apply in the 
event of a declaration of war or an armed attack on Japan.
  (2) This section may be waived by the President if the 
President--
          (A) declares an emergency or determines that such a 
        waiver is required by the national security interests 
        of the United States; and
          (B) immediately informs the Congress of the waiver 
        and the reasons for the waiver.

SEC. 1456. LIMITATION ON THE COSTS TO THE UNITED STATES FOR PAYMENTS TO 
                    FOREIGN NATIONALS EMPLOYED AT BASES OUTSIDE THE 
                    UNITED STATES

  (a) Limitation.--The costs incurred by the United States 
during fiscal year 1991 for the payment of salaries and other 
remuneration to foreign nationals who are employed at United 
States military installations located outside the United States 
shall be reduced by the Secretary of Defense at a rate 
necessary to achieve a 25 percent reduction in such costs by 
the end of fiscal year 1991 below the amount that was requested 
for such costs in the budget for fiscal year 1991 submitted by 
the President to Congress under section 1105 of title 31, 
United States Code.
  (b) Waiver Authority and Requirement of Notification.--The 
Secretary of Defense may waive the requirement of subsection 
(a) if the Secretary determines that the national security 
interests of the United States require such action. If the 
requirement of subsection (a) is waived, the Secretary shall 
notify Congress of that action and include in that notification 
the reasons for such waiver.

SEC. 1457.\23\ ANNUAL REPORT ON UNITED STATES SECURITY ARRANGEMENTS AND 
                    COMMITMENTS WITH OTHER NATIONS

  (a) Report Requirements.--The President shall submit to the 
congressional committees specified in subsection (d) each year 
\24\ a report (in both classified and unclassified form) on 
United States security arrangements with, and commitments to, 
other nations.
---------------------------------------------------------------------------
    \23\ 50 U.S.C. 404c.
    \24\ Sec. 1504(c)(4)(C)(i) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out 
``shall submit to the Committees on Armed Services and on Foreign 
Affairs of the House of Representatives and the Committees on Armed 
Services and Foreign Relations of the Senate each year'' and inserted 
in lieu thereof ``shall submit to the congressional committees 
specified in subsection (d) each year''.
---------------------------------------------------------------------------
  (b) Matters To Be Included.--The President shall include in 
each such report the following:
          (1) A description of--
                  (A) each security arrangement with, or 
                commitment to, other nations, whether based 
                upon (i) a formal document (including a mutual 
                defense treaty, a pre-positioning arrangement 
                or agreement, or an access agreement), or (ii) 
                an expressed policy; and
                  (B) the historical origins of each such 
                arrangement or commitment.
          (2) An evaluation of the ability of the United States 
        to meet its commitments based on the projected 
        reductions in the defense structure of the United 
        States.
          (3) A plan for meeting each of those commitments with 
        the force structure projected for the future.
          (4) An assessment of the need to continue, modify, or 
        discontinue each of those arrangements and commitments 
        in view of the changing international security 
        situation.
  (c) Deadline for Report.--The President \25\ shall submit the 
report required by subsection (a) not later than February 1 of 
each year.
---------------------------------------------------------------------------
    \25\ Sec. 1504(c)(4)(C)(ii) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) struck out 
``(1) Except as provided in paragraph (2), the President'' and inserted 
in lieu thereof ``The President''; and struck out para. (2), relating 
to the due date of the 1991 report.
---------------------------------------------------------------------------
    (d) \26\ Specified Congressional Committees.--The 
congressional committees referred to in subsection (a) are the 
following:
---------------------------------------------------------------------------
    \26\ Sec. 1504(c)(4)(C)(iii) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 507) added 
subsec. (d).
---------------------------------------------------------------------------
          (1) The Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on 
        Intelligence of the Senate.
          (2) The Committee on Armed Services,\27\ the 
        Committee on Appropriations, and the Permanent Select 
        Committee on Intelligence of the House of 
        Representatives.
---------------------------------------------------------------------------
    \27\ Sec. 1067(10) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
---------------------------------------------------------------------------

SEC. 1458.\28\ ECONOMIC SANCTIONS AGAINST THE REPUBLIC OF IRAQ

  If the President considers that the taking of such action 
would promote the effectiveness of the economic sanctions of 
the United Nations and the United States imposed with respect 
to Iraq, and is consistent with the national interest, the 
President may prohibit, for such a period of time as he 
considers appropriate, the importation into the United States 
of any or all products of any foreign country that has not--
---------------------------------------------------------------------------
    \28\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
          (1) prohibited--
                  (A) the importation of products of Iraq into 
                its customs territory, and
                  (B) the export of its products to Iraq; or
          (2) given assurances satisfactory to the President 
        that such import and export sanctions will be promptly 
        implemented.

SEC. 1459. HUMANITARIAN ASSISTANCE FOR LITHUANIA

  (a) Sense of Congress.--It is the sense of Congress that the 
President should provide appropriate forms of humanitarian 
assistance for Lithuania. Such assistance is necessary as a 
result of the courageous efforts of the Lithuanian people to 
rebuild an independent society and state.
  (b) Agency for International Development.--The Administrator 
of the Agency for International Development should--
          (1) furnish such humanitarian assistance through the 
        International Committee of the Red Cross, the 
        Lithuanian Red Cross, CARITAS, and other voluntary 
        relief agencies;
          (2) solicit private sector donations of humanitarian 
        assistance for Lithuania;
          (3) cooperate with private relief agencies attempting 
        to provide humanitarian assistance to Lithuania; and
          (4) make all necessary arrangements to ensure that 
        Lithuanians begin to receive critical humanitarian 
        assistance as soon as possible.
  (c) Humanitarian Assistance for Latvia, Estonia, Etc.--Where 
possible, appropriate humanitarian assistance should also be 
extended to Latvia and Estonia as well as needy republics of 
the Soviet Union.
  (d) Definition.--As used in this section, the term 
``humanitarian assistance'' includes--
          (1) medical supplies;
          (2) oil, gas, and fuel for emergency vehicles and 
        medical facilities;
          (3) water purification supplies, materials for 
        immunization, and other materials needed to prevent the 
        outbreak of contagious diseases and to safeguard public 
        health;
          (4) food and clothing; and
          (5) transportation of private donations of 
        humanitarian assistance.

                     Part F--Miscellaneous Matters

          * * * * * * *

SEC. 1465.\29\ OVERSEAS WORKLOAD PROGRAM * * * [REPEALED--1993]
---------------------------------------------------------------------------

    \29\ Formerly at 10 U.S.C. 2341 note. Repealed by sec. 1431(b)(1) 
of the National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 107 Stat. 1833). See 10 U.S.C. 2349.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1469. ANNUAL PRESENTATION FOR CONGRESSIONAL DEFENSE LEADERSHIP ON 
                    UNITED STATES NATIONAL MILITARY STRATEGY

  (a) Sense of Congress.--It is the sense of Congress that the 
President should provide for an annual presentation to be given 
to the congressional defense leaders named in subsection (b) on 
the national military strategy of the United States. That 
presentation should particularly cover the theater and 
strategic nuclear components of the national military strategy 
and should include a discussion of (1) nuclear targeting policy 
and requirements, and (2) the implications of such nuclear 
targeting policy and requirements for (A) theater and strategic 
nuclear force structure and operations, and (B) defense 
resources and their allocation.
  (b) Definition.--The congressional defense leaders referred 
to in subsection (a) are--
          (1) the chairmen and ranking minority members of the 
        Committees on Armed Services of the Senate and House of 
        Representatives; \30\ and
---------------------------------------------------------------------------
    \30\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (2) the chairmen and ranking minority members of the 
        Defense Subcommittees of the Committees on 
        Appropriations of the Senate and House of 
        Representatives.

      Part G--Congressional Findings, Policies, and Commendations

          * * * * * * *

SEC. 1472. COMMENDATION OF UNITED STATES MILITARY PERSONNEL FOR 
                    PHILIPPINE EARTHQUAKE RELIEF EFFORT

  (a) Findings.--Congress makes the following findings:
          (1) The members of the United States Air Force, 
        Marine Corps, and Navy serving in the Pacific region 
        have given substantial and significant assistance to 
        the Government and people of the Republic of the 
        Philippines following a severe earthquake on July 16, 
        1990, in the Philippines which resulted in the deaths 
        of over 1,600 people and severe dislocation and 
        devastation.
          (2) United States military personnel stationed in the 
        Philippines have traditionally exhibited a strong 
        respect and admiration for the people of the 
        Philippines.
          (3) A Marine Corps pilot was killed in a helicopter 
        crash during an earthquake relief mission on July 20, 
        1990.
          (4) The United States Air Force has flown over 220 
        sorties, including medical evacuations, to assist in 
        earthquake relief.
          (5) The Marine Corps has flown over 250 aircraft 
        missions and has transported via helicopter over 1,000 
        Philippine nationals and more than 500,000 pounds of 
        cargo.
          (6) Navy medical personnel from the Subic Bay naval 
        facility have provided critical medical assistance to 
        those injured in the earthquake.
          (7) More than 1,140 tons of supplies and equipment 
        have been airlifted to the Philippines or transported 
        over land to Baguio City and Cabanatuan City, areas 
        devastated by the earthquake.
          (8) Military civil engineering teams have restored 
        more than half the damaged water systems and all of the 
        electrical systems and have provided heavy equipment to 
        aid in rescue operations.
          (9) 650 units of blood were donated by personnel of 
        Clark Air Force Base and other Pacific Air Force bases 
        and 120 units of blood were donated by personnel of the 
        Subic Bay Naval Facility.
  (b) Sense of Congress.--It is the sense of Congress--
          (1) that the earthquake relief assistance provided by 
        United States military forces has played an essential 
        role in the Philippine recovery from the July 16, 1990, 
        earthquake; and
          (2) that those members of the United States Armed 
        Forces and their dependents who have assisted in 
        Philippine earthquake relief should be commended by 
        Congress for their considerable efforts on behalf of 
        the Philippine people in their recovery efforts.
          * * * * * * *

                TITLE XVII--MISSILE TECHNOLOGY CONTROLS

Sec. 1701. Policy.
Sec. 1702. Amendment to the Export Administration Act of 1979.
Sec. 1703. Amendment to the Arms Export Control Act of 1979.
Sec. 1704. Report on missile proliferation.\31\

SEC. 1701.\32\ POLICY

  It should be the policy of the United States to take all 
appropriate measures--
---------------------------------------------------------------------------
    \31\ Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
    \32\ 50 U.S.C. app. 2402 note.
---------------------------------------------------------------------------
          (1) to discourage the proliferation, development, and 
        production of the weapons, material, and technology 
        necessary to produce or acquire missiles that can 
        deliver weapons of mass destruction;
          (2) to discourage countries and private persons in 
        other countries from aiding and abetting any states 
        from acquiring such weapons, material, and technology;
          (3) to strengthen United States and existing 
        multilateral export controls to prohibit the flow of 
        materials, equipment, and technology that would assist 
        countries in acquiring the ability to produce or 
        acquire missiles that can deliver weapons of mass 
        destruction, including missiles, warheads and 
        weaponization technology, targeting technology, test 
        and evaluation technology, and range and weapons effect 
        measurement technology; and
          (4) with respect to the Missile Technology Control 
        Regime (``MTCR'') and its participating governments--
                  (A) to improve enforcement and seek a common 
                and stricter interpretation among MTCR members 
                of MTCR principles;
                  (B) to increase the number of countries that 
                adhere to the MTCR; and
                  (C) to increase information sharing among 
                United States agencies and among governments on 
                missile technology transfer, including export 
                licensing, and enforcement activities.

SEC. 1702.\33\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *

SEC. 1703.\34\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *

SEC. 1704.\35\ * * * [REPEALED--1991]

 TITLE XVIII--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM 
                                  \36\

          * * * * * * *
---------------------------------------------------------------------------
    \33\ For text of amendment to sec. 6 and the addition of new sec. 
11B of the Export Administration Act of 1979, see Legislation on 
Foreign Relations Through 2005, vol. III, sec. J.
    \34\ Sec. 1703 added chapter 7, secs. 71-74 to the Arms Export 
Control Act. For text, see Legislation on Foreign Relations Through 
2005, vol. I-A.
    \35\ Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
    \36\ For text of title XVIII, see Legislation on Foreign Relations 
Through 2005, vol. IV, sec. L.
---------------------------------------------------------------------------

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE

  This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 1991''.
          * * * * * * *

      TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS

  (a) In General.--The Secretary of Defense may make 
contributions for the North Atlantic Treaty Organization 
Infrastructure program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum of the 
amount authorized to be appropriated for this purpose in 
section 2502 and the amount collected from the North Atlantic 
Treaty Organization as a result of construction previously 
financed by the United States.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) funds made available for the North Atlantic 
        Treaty Organization Infrastructure program should be 
        used primarily for--
                  (A) verifying or implementing the terms of 
                conventional arms control agreements;
                  (B) recoupment owed by the United States for 
                projects completed before the date of the 
                enactment of this Act; and
                  (C) the completion of any construction 
                project the construction of which began before 
                October 1, 1990; and
          (2) the United States should work in consultation 
        with the other countries of the North Atlantic Treaty 
        Organization to restructure such program in such a 
        manner that the funds provided to the program by the 
        Secretary of Defense will be expended primarily for the 
        purposes referred to in paragraph (1).

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 1990, for contributions by 
the Secretary of Defense under section 2806 of title 10, United 
States Code, for the share of the United States of the cost of 
projects for the North Atlantic Treaty Organization 
Infrastructure program as authorized by section 2501, in the 
amount of $192,700,000.

SEC. 2503. STUDY AND REPORT BY THE SECRETARY OF DEFENSE

  (a) In General.--(1) The Secretary of Defense shall conduct a 
study to determine the feasibility and desirability of 
permitting the North Atlantic Treaty Organization to utilize, 
for training and exercise purposes, military installations in 
the United States being closed by the Department of Defense 
under other provisions of law.
  (2) In carrying out such a study, the Secretary shall 
consider--
          (A) the exact purposes for which such installations 
        could be appropriately and effectively used by NATO; 
        and
          (B) the manner in which NATO would pay for the use of 
        such installations.
  (b) Report.--The Secretary shall transmit, by not later than 
March 15, 1991, to the Committees on Armed Services of the 
Senate and House of Representatives \37\ a report containing 
the results of the study required by subsection (a), together 
with such comments and recommendations as the Secretary 
considers appropriate.
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    \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).
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          * * * * * * *

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

           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''.
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    \61\ 10 U.S.C. 2391 note.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE XLIII--EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS

          * * * * * * *

SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES 
                    PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN 
                    DEFENSE PRODUCTION

  (a) Export-Import Bank.--
          (1) Sense of congress on plan for expansion.--It is 
        the sense of Congress that the United States businesses 
        undergoing transition from defense production to 
        nondefense production will need assistance in seizing 
        export markets overseas. Therefore, in order to provide 
        financial support for such businesses, as well as 
        meeting other normal demands on its resources, the 
        annual direct lending authority of the Export-Import 
        Bank of the United States should be increased by at 
        least 150 percent from the fiscal year 1990 level over 
        the five-year period beginning October 1, 1990.
          (2) Report of feasibility.--Before September 30, 
        1990, the President, acting with the assistance of the 
        Committee and after consulting the Board of Directors 
        of the Export-Import Bank of the United States and 
        other experts in government and the private sector, 
        shall transmit to the Congress a report assessing the 
        feasibility and desirability of a program for 
        increasing the amount of direct loan authority in the 
        manner described in paragraph (1) and the factors 
        considered in making such assessment.
          (3) Transition to nondefense production required to 
        be considered.--In determining whether to provide 
        financial support for an export transaction, the 
        Export-Import Bank of the United States shall take into 
        account, to the extent feasible and in accordance with 
        applicable standards and procedures established by the 
        bank in consultation with the Committee, the fact that 
        the product or service is produced or provided by any 
        business or group of workers which--
                  (A) was substantially and seriously affected 
                by defense budget reductions; and
                  (B) is in transition from defense to 
                nondefense production.
  (b) SBA Use of Authority for Export Financing Assistance.--In 
determining whether to provide financial or other assistance 
under the Small Business Act, title VIII of the Omnibus Trade 
and Competitiveness Act of 1988, or any program referred to in 
section 4301 to any small business involved in, or attempting 
to become involved in, the export of any product or service, 
the Administrator of the Small Business Administration shall 
take into account the fact that such product or service is 
produced or provided by any business or group of workers 
which--
          (1) has been substantially and seriously affected by 
        defense budget reductions; and
          (2) is in transition from defense to nondefense 
        production.
  (c) Coordination and Integration of Activities and Assistance 
with Other Agencies.--In providing additional financial 
assistance pursuant to any increase in loan authority under 
this division--
          (1) Federal agencies concerned with international 
        trade shall participate in the process of coordination 
        conducted by the Committee pursuant to section 
        4004(c)(1); \62\ and
---------------------------------------------------------------------------
    \62\ Sec. 1062(c)(1) of Public Law 102-190 (105 Stat. 1475) struck 
out ``section 4003(b)'' and inserted in lieu thereof ``section 
4004(c)(1)''.
---------------------------------------------------------------------------
          (2) such Federal agencies shall attempt, to the 
        maximum extent practicable, to coordinate and integrate 
        the activities and assistance of the agencies in 
        support of exports, including financial assistance in 
        the form of direct loans, loan guarantees, and 
        insurance, general trade promotion, marketing 
        assistance, and marketing and commercial information, 
        in a manner consistent with the purposes of this 
        division (and the amendments made by this division to 
        other provisions of law).
  (d) Reporting.--The annual reports made by the Export-Import 
Bank of the United States and the Administrator of the Small 
Business Administration and the annual economic stabilization 
and adjustment report under section 4004(c)(3) \63\ of this 
division shall include a description of the extent to which the 
bank and the Administrator are--
---------------------------------------------------------------------------
    \63\ Sec. 1062(c)(2) of Public Law 102-190 (105 Stat. 1475) struck 
out ``section 4003'' and inserted in lieu thereof ``section 
4004(c)(3)''.
---------------------------------------------------------------------------
          (1) providing financing described in subsections 
        (a)(2) and (b), respectively, to businesses or groups 
        of workers which were substantially and seriously 
        affected by defense budget reductions; and
          (2) coordinating and integrating export support and 
        financing activities with other Federal agencies.
          * * * * * * *
  x. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352, 
     approved November 29, 1989; as amended by Public Law 101-165 
[Department of Defense Appropriations Act, 1990; H.R. 3072], 103 Stat. 
1112, approved November 21, 1989; Public Law 101-510 [National Defense 
  Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, 
    approved November 5, 1990; Public Law 102-484 [National Defense 
  Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, 
    approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
   approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
                        approved October 5, 1999

 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

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

SECTION 1. SHORT TITLE

  This Act may be cited as the ``National Defense Authorization 
Act for Fiscal Years 1990 and 1991''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS

  (a) Organization of Act Into Divisions.--This Act is 
organized into three divisions as follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
          * * * * * * *

SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990

  Authorizations of appropriations, and of personnel strength 
levels, in this Act for any fiscal year after fiscal year 1990 
are effective only with respect to appropriations made during 
the first session of the One Hundred First Congress.

SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED

  For purposes of this Act, the term ``congressional defense 
committees'' means the Committees on Armed Services and the 
Committees on Appropriations of the Senate and House of 
Representatives.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

                Part A--Authorization of Appropriations

          * * * * * * *

SEC. 304. HUMANITARIAN ASSISTANCE

  (a) Purpose.--Funds appropriated pursuant to the 
authorizations in subsections (a)(16) and (b)(16) of section 
301 \2\ for humanitarian assistance shall be used for the 
purpose of providing transportation for humanitarian relief for 
persons displaced or who are refugees because of the invasion 
of Afghanistan by the Soviet Union. Of the funds appropriated 
for each of fiscal years 1990 and 1991 pursuant to such 
subsections for such purpose, not more than $3,000,000 may be 
used for distribution of humanitarian relief supplies to the 
non-Communist resistance organization at or near the border 
between Thailand and Cambodia.
---------------------------------------------------------------------------
    \2\ Sec. 301 authorized $13,000,000 for humanitarian assistance for 
each fiscal year 1990 ((a)(16)) and 1991 ((b)(16)).
---------------------------------------------------------------------------
  (b) Authority To Transfer Funds.--The Secretary of Defense 
may transfer to the Secretary of State not more than $3,000,000 
of the funds appropriated pursuant to such subsections for each 
of fiscal years 1990 and 1991 for humanitarian assistance to 
provide for--
          (1) the payment of administrative costs incurred in 
        providing the transportation described in subsection 
        (a); and
          (2) the purchase or other acquisition of 
        transportation assets for the distribution of 
        humanitarian relief supplies in the country of 
        destination.
  (c) Transportation Under Direction of the Secretary of 
State.--Transportation for humanitarian relief provided with 
funds appropriated pursuant to such subsections for 
humanitarian assistance shall be provided under the direction 
of the Secretary of State.
  (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to such subsections for humanitarian assistance shall be 
provided by the most economical commercial or military means 
available, unless the Secretary of State determines that it is 
in the national interest of the United States to provide 
transportation other than by the most economical means 
available. The means used to provide such transportation may 
include the use of aircraft and personnel of the reserve 
components of the Armed Forces.
  (e) Availability of Funds.--Funds appropriated pursuant to 
such subsections for humanitarian assistance shall remain 
available until expended, to the extent provided in 
appropriation Acts.
  (f) \3\ Reports to Congress.--* * * [Repealed--1990]
---------------------------------------------------------------------------
    \3\ Sec. 303(f)(5) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1526) repealed subsec. 
(f), which had required the Secretary of Defense to submit to the 
Committees on Armed Services and Foreign Relations of the Senate and 
the Committees on Armed Services and Foreign Affairs of the House of 
Representatives several reports on the funds obligated for humanitarian 
relief under various humanitarian relief laws.
---------------------------------------------------------------------------
          * * * * * * *

                          Part B--Limitations

          * * * * * * *

SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS 
                    IN THE EVENT OF CERTAIN BASE CLOSURES

  (a) * * *
  (b) * * *
  (c) Sense of Congress.--It is the sense of Congress that--
          (1) in the event a United States military facility 
        located in a foreign country is closed (or activities 
        at the facility are curtailed) at the request of the 
        government of that country, such government should be 
        responsible for the payment of severance pay to foreign 
        nationals in the country whose employment by the United 
        States or by a contractor under a contract with the 
        United States is terminated as a result of the closure 
        or curtailment; and
          (2) in negotiating a status-of-forces agreement or 
        other country-to-country agreement with the government 
        of a foreign country, the President should endeavor to 
        include in the agreement a provision that would require 
        the government of that country to pay severance pay to 
        foreign nationals in that country whose employment is 
        terminated as a result of the closing of, or the 
        curtailment of activities at, a United States military 
        facility in that country, if the closing or curtailment 
        is at the request of the government of that country.
          * * * * * * *

SEC. 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AUTHORIZED FOR 
                    DUTY IN EUROPE

  (a) Reduction Required.--The number of civilian employees of 
the Department of Defense authorized for duty in Europe on the 
date of the enactment of this Act shall be reduced by a number 
equal to the number of remaining authorizations for employees 
of the department that--
          (1) were related to intermediate-range nuclear forces 
        on December 8, 1987; and
          (2) are unnecessary as a result of the Treaty between 
        the United States of America and the Union of Soviet 
        Socialist Republics on the Elimination of their 
        Intermediate-range and Shorter-range Missiles, signed 
        on December 8, 1987 (commonly referred to as the ``INF 
        Treaty'').
  (b) Deadline for Reduction.--The reduction in the number of 
employees authorized for duty in Europe required by subsection 
(a) shall be completed not later than October 1, 1991.
          * * * * * * *

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

          * * * * * * *

                Part B--Changes to Acquisition Statutes

SEC. 815.\4\ DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS 
                    * * *

          * * * * * * *

                Part C--Other Acquisition Policy Matters

          * * * * * * *

SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT REQUIREMENT

  (a) \5\ Determination by Secretary of Defense.--(1) If the 
Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which 
is party to an agreement described in paragraph (2) has 
violated the terms of that agreement by discriminating against 
certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary's blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country.
---------------------------------------------------------------------------
    \4\ Sec. 815 amended 10 U.S.C. 2504.
    \5\ 41 U.S.C. 10b-2. Similar language also stated in annual 
Department of Defense Appropriations Acts.
---------------------------------------------------------------------------
  (2) An agreement referred to in paragraph (1) is any 
agreement, including any reciprocal defense procurement 
memorandum of understanding, between the United States and a 
foreign country pursuant to which the Secretary of Defense has 
prospectively waived the Buy American Act for certain products 
produced in that country.
  (b) Report to Congress.--The Secretary of Defense shall 
submit to Congress a report on the amount of Department of 
Defense purchases from foreign entities in fiscal years 1990 
and 1991. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the 
Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.
  (c) Buy American Act Defined.--For purposes of this section, 
the term ``Buy American Act'' means title III of the Act 
entitled ``An Act making appropriations for the Treasury and 
Post Office Departments for the fiscal year ending June 30, 
1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
          * * * * * * *

SEC. 825.\6\ STUDY AND REPORT ON DEFENSE EXPORT FINANCING

  (a) Study.--The President shall conduct a study of export 
financing of defense articles. In the course of the study, the 
President shall--
---------------------------------------------------------------------------
    \6\ In a memorandum for the Director of the Office of Management 
and Budget of March 7, 1990 (55 F.R. 10033), the President delegated 
``to the Director of the Office of Management and Budget the authority 
for conducting a study of export financing of defense articles and 
reporting to the Congress on the findings of such study as required by 
section 825''.
---------------------------------------------------------------------------
          (1) examine the effect of export financing on the 
        ability of United States industry to compete in the 
        international market for defense products;
          (2) determine the extent to which other countries 
        support commercial financing for defense exports 
        through official government credit programs;
          (3) determine the extent to which United States 
        private capital is used to support defense exports and 
        the obstacles that United States lending institutions 
        face in providing additional support; and
          (4) determine the feasibility and desirability of 
        using existing or new Government export guarantee 
        programs to provide greater private capital support for 
        United States defense exports.
  (b) Report.--Not later than 120 days after the date of 
enactment of this Act, the President shall submit to Congress a 
report on the findings of the study under subsection (a).
          * * * * * * *

                         Part F--Miscellaneous

          * * * * * * *

SEC. 852.\7\ PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND 
                    EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY 
                    RIGHTS

  (a) Sense of Congress.--It is the sense of Congress that it 
should be a very important consideration in the procurement of 
property, services, or technology by the Department of Defense 
whether such procurement is from any person of any country 
which has been identified by the United States Trade 
Representative, on the advice of the Commissioner of Patents 
and Trademarks in the Department of Commerce and the Register 
of Copyrights, pursuant to section 182(a)(2) of the Trade Act 
of 1974 (19 U.S.C. 2242) \8\ as denying adequate and effective 
protection of intellectual property rights or fair and 
equitable market access to United States persons that rely upon 
intellectual property protection.
---------------------------------------------------------------------------
    \7\ Sec. 1302(a) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1668) struck out 
subsec. 852(b), which had required the Secretary of Defense to report 
to the Committees on Armed Services, on Finance, and on the Judiciary 
of the Senate and the Committees on Armed Services, on Ways and Means, 
and on the Judiciary of the House of Representatives, on this matter.
    \8\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III, sec. J.
---------------------------------------------------------------------------
          * * * * * * *

   TITLE IX--MATTERS RELATING TO NATO MEMBER NATIONS AND OTHER ALLIES

            Part A--Conventional Force Reductions in Europe

SEC. 901. FRAMEWORK FOR DETERMINING CONVENTIONAL FORCE REQUIREMENTS IN 
                    A CHANGING THREAT ENVIRONMENT

  (a) Evaluation of Effect of Warsaw Pact Reductions and of 
Possible CFE Agreement.--The Secretary of Defense shall submit 
to the congressional defense committees a report providing the 
Secretary's evaluation of the effect upon requirements of the 
United States for conventional forces and for military spending 
that could be anticipated under the following assumptions:
          (1) The full implementation of the unilateral force 
        reductions in, and subsequent reorganization of, forces 
        of the Soviet Union described by the President of the 
        Soviet Union on December 7, 1988, and the unilateral 
        force reductions subsequently announced by the other 
        members of the Warsaw Pact.
          (2) Entry into force of a conventional arms control 
        agreement establishing rough parity in conventional 
        forces in Europe between forces of the North Atlantic 
        Treaty Organization and the Warsaw Pact at equal levels 
        (at approximately 85 to 90 percent of NATO's current 
        inventory) of tanks, artillery, armored troop carriers, 
        combat helicopters, and land-based combat aircraft.
  (b) Matters To Be Included in Evaluation.--In carrying out 
the evaluation required by subsection (a) of the unilateral 
force reductions referred to in paragraph (1) of that 
subsection and the potential effect of an agreement referred to 
in paragraph (2) of that subsection, the Secretary shall 
include in the evaluation (at a minimum) the following (stated 
for both the near-term and mid-term):
          (1) An assessment of the threat to NATO under the 
        assumptions specified in each of paragraphs (1) and (2) 
        of subsection (a).
          (2) The effect on the defense strategy of the United 
        States for meeting its NATO commitments in the changing 
        threat environment, including the effect on the ability 
        of NATO to defend against an attack by the Warsaw Pact 
        (A) on short warning, or (B) during a crisis in Europe.
          (3) The effect on--
                  (A) the mix of active and reserve forces of 
                the United States;
                  (B) the ratio of (i) conventional forces of 
                the United States deployed in the European 
                theater, to (ii) conventional forces of the 
                United States deployed in the continental 
                United States; and
                  (C) air and sea lift requirements.
          (3) The effect on operational military concepts of 
        the United States and NATO (such as Follow-on Forces 
        Attack (FOFA), AirLand Battle, Maritime Strategy, and 
        Rapid Reinforcement) that were initially developed to 
        counter the large advantage of the Warsaw Pact in 
        conventional land forces in the European theater.
          (4) The effect on equipment requirements of the 
        United States for meeting its commitments to NATO in 
        the 1990s.
  (c) Time for Submission.--The report required by subsection 
(a) shall be submitted concurrently with the submission to 
Congress of the President's budget for fiscal year 1991 
pursuant to section 1105 of title 31, United States Code. The 
report shall be submitted in both classified and unclassified 
form.

SEC. 902. IMPLICATIONS OF MUTUAL REDUCTIONS IN CONVENTIONAL FORCES IN 
                    EUROPE BY NATO AND WARSAW PACT MEMBER NATIONS

  (a) Commendation of President's Conventional Arms Reduction 
Initiative.--Congress commends and supports the President's 
conventional arms control initiative announced in Brussels on 
May 29, 1989, in which the President proposed, and the North 
Atlantic Treaty Organization (NATO) agreed, that NATO expand 
its negotiating position at the negotiations on reductions in 
conventional forces in Europe (begun in Vienna on March 9, 
1989, and known as the ``CFE Talks'') to include--
          (1) substantial reductions by each side to equal 
        ceilings of helicopters and combat aircraft; and
          (2) a reduction to a common ceiling of United States 
        military personnel stationed in Western Europe and 
        Soviet military personnel stationed in Eastern Europe.
  (b) Presidential Report.--(1) Not later than six months after 
the date of the enactment of this Act, the President shall 
submit to Congress an unclassified report, with classified 
annexes as necessary, on the foreign policy and military 
implications to NATO and to the Warsaw Pact of significant 
reductions of conventional forces by NATO and Warsaw Pact 
countries to a ceiling which is the same for both sides.
  (2) The report shall address possible force reduction 
scenarios for a second round of CFE negotiations and shall be 
based upon two different assumptions with regard to the level 
of reductions in personnel and equipment to be made. Under the 
first assumption, personnel and equipment would be reduced to a 
level 25 percent below current NATO levels. Under the second 
assumption, personnel and equipment would be reduced to a level 
50 percent below current NATO levels.
  (3) The report shall include the following:
          (A) A comprehensive net assessment of the current 
        balance between NATO forces and Warsaw Pact forces and 
        of the overall trends in that balance, including an 
        assessment of the trends in active and reserve forces 
        and in total equipment holdings in stationed and 
        indigenous forces.
          (B) A description of the likely alternative force 
        postures that could be adopted by member nations of 
        both alliances (particularly by the United States and 
        the Soviet Union) under each of the assumptions 
        analyzed, together with a description of the possible 
        effects of restructuring of both NATO and Warsaw Pact 
        forces in Europe for defensive purposes.
          (C) A statement of the costs (or savings) to the 
        United States, over at least a seven-year period, 
        estimated to be associated with each force posture 
        described under subparagraph (B), together with an 
        analysis of how those costs (or savings) were 
        determined.
          (D) An analysis of the implications for NATO 
        strategy, security, and military policy under each of 
        the reduction levels referred to in paragraph (2), 
        including a net assessment of the resulting balance 
        between NATO forces and Warsaw Pact forces.
          (E) An assessment of the effects under each of the 
        reduction levels referred to in paragraph (2) 
        (including the alternative force postures under each 
        assumption) upon the stability of the conventional 
        balance of forces in Europe.
          (F) An assessment of the ability of NATO to defend 
        Europe under each of the assumed reduction levels in 
        the event of an attack by the Warsaw Pact (i) on short 
        warning, or (ii) during a crisis in Europe.
          (G) An assessment of the effects under each of the 
        reduction levels referred to in paragraph (2) on--
                  (i) the short-range nuclear force 
                requirements of NATO;
                  (ii) the requirements of the United States 
                for POMCUS and war-reserve stocks;
                  (iii) the requirements of NATO for airlift 
                and sealift based in the United States and for 
                reinforcing units from the United States; and
                  (iv) the ability of the United States to meet 
                global military requirements.

SEC. 903. REPORT ON VERIFICATION MEASURES FOR POSSIBLE CONVENTIONAL 
                    ARMS CONTROL AGREEMENT

  (a) Report.--The President shall submit to Congress a report 
on the types of measures that would be required to verify the 
proposal for reductions in conventional forces in Europe 
adopted by the member nations of the North Atlantic Treaty 
Organization (NATO) on May 30, 1989.
  (b) Matters To Be Included in Report.--The President shall 
include in the report under subsection (a) the following:
          (1) A discussion of the types of information that it 
        would be necessary for the parties to such an agreement 
        to exchange for such verification.
          (2) A discussion of the range of options under 
        consideration by the executive branch for defining what 
        constitutes a militarily significant violation of a 
        conventional arms control agreement.
          (3) A description of the national technical means, 
        on-site inspections, and other cooperative measures 
        that would be necessary to detect violations of such an 
        agreement, including--
                  (A) an analysis of the measures that would be 
                required to monitor (i) the withdrawal and 
                demobilization of military personnel, and (ii) 
                the withdrawal and (if required by the 
                agreement) the destruction of military 
                equipment provided for in any such agreement; 
                and
                  (B) the President's judgment on those on-site 
                inspections and confidence building measures 
                under consideration that are the most 
                acceptable, and the least acceptable, to the 
                NATO alliance and the Warsaw Pact, including an 
                assessment of the counterintelligence aspects 
                of such measures for NATO.
          (4) A discussion of the procedures the NATO alliance 
        would follow in the event of a violation of such an 
        agreement by a member of the Warsaw Treaty 
        Organization.
  (c) Data Base Analysis.--(1) The report under subsection (a) 
shall also include a comprehensive analysis of--
          (A) the uncertainties in the data bases to be used by 
        United States intelligence with respect to the military 
        forces of NATO member nations and Warsaw Pact member 
        nations located in the proposed areas of reduction;
          (B) the uncertainties in the estimates of the trends 
        in such forces; and
          (C) the differences in the data bases and counting 
        rules used by the United States, the allies of the 
        United States, and the Warsaw Pact member nations.
  (2) The analysis under paragraph (1) shall address separately 
the uncertainties in the estimates of each of the following:
          (A) Active forces.
          (B) Reserve forces.
          (C) Equipment subject to reductions and ceilings.
          (D) Indigenous forces.
          (E) Stationed forces.
  (d) Submission of Report.--The report required by subsection 
(a) shall be submitted not later than March 1, 1990. The report 
shall include such comments and recommendations as the 
President determines appropriate. The report shall be submitted 
in both classified and unclassified versions.

                         Part B--Burden Sharing

SEC. 911.\9\ REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF 
                    MILITARY PERSONNEL IN EUROPE * * * [REPEALED--1990]
---------------------------------------------------------------------------

    \9\ Sec. 911, which would have amended sec. 1002(c)(1) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note), to 
reduce end strength of U.S. military personnel in Europe, effective 
September 30, 1991, was repealed by sec. 406(c) of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1546). Sec. 406 of that Act amended sec. 1002(c)(1) of the Department 
of Defense Authorization Act, 1985, and provided further criteria for 
military force reduction.
---------------------------------------------------------------------------

SEC. 912.\10\ ACTIVE-DUTY FORCES IN EUROPE OF MEMBER NATIONS OF NATO

  (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) Member nations of the North Atlantic Treaty 
        Organization (NATO), at the initiative of the 
        President, have presented to the nations of the Warsaw 
        Pact a comprehensive proposal concerning reductions in 
        conventional forces in Europe for consideration in the 
        negotiations on Conventional Armed Forces in Europe 
        (CFE).
          (2) An agreement based on that proposal would 
        significantly enhance security and stability in Europe 
        and the cause of peace worldwide.
          (3) Irrespective of developments in the CFE 
        negotiations, several member nations of NATO are 
        considering making significant unilateral reductions 
        over the next several years in the number of their 
        active-duty forces in Europe.
          (4) Such unilateral reductions in active-duty forces 
        before an agreement on CFE enters into force would--
                  (A) undercut efforts by NATO to improve its 
                conventional defense posture in Europe, 
                increase reliance by NATO on the threat of the 
                early use of nuclear weapons to deter 
                aggression, and undermine the NATO arms control 
                negotiating posture in the CFE negotiations; 
                and
                  (B) exacerbate longstanding burdensharing 
                tensions among member nations of NATO.
          (5) Despite shifts in relative economic power from 
        the United States to some of the major allies of the 
        United States, the costs of mutual defense continue to 
        be borne disproportionately by the United States.
          (6) Adjustments in burdensharing are long overdue.
  (b) Definitions.--For purposes of this section:
          (1) The term ``active-duty forces in Europe'' means 
        those active-duty military personnel assigned to 
        permanent duty ashore in European member nations of 
        NATO, except that such term does not include INF-
        related forces.
          (2) The term ``INF-related forces'' means those 
        active-duty military personnel assigned to permanent 
        duty ashore in European member nations of NATO who are 
        to be demobilized or withdrawn from Europe as a result 
        of the elimination of the intermediate-range nuclear 
        weapons of the United States pursuant to the Treaty 
        between the United States of America and the Union of 
        Soviet Socialist Republics on the Elimination of their 
        Intermediate-range and Shorter-range Missiles, signed 
        on December 8, 1987 (commonly referred to as the ``INF 
        Treaty'').
          (3) The term ``U.S. end-strength level in Europe'' 
        means the actual number of active-duty forces in Europe 
        of the Armed Forces of the United States at the end of 
        a fiscal year.
          (4) The term ``allied forces end-strength level in 
        Europe'' means the actual number of active-duty forces 
        in Europe of the armed forces of member nations of NATO 
        (other than the United States) in Europe at the end of 
        a fiscal year.
  (c) Baseline Report on Active-Duty Forces in Europe.--(1) Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees, the Committee on Foreign Relations of the 
Senate, and the Committee on Foreign Affairs \11\ of the House 
of Representatives a report on the number of the active-duty 
forces in Europe of the member nations of NATO. The report 
shall identify the following:
---------------------------------------------------------------------------
    \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) The U.S. end-strength level in Europe for fiscal 
        year 1989.
          (2) The allied forces end-strength level in Europe 
        for fiscal year 1989.
          (3) The actual number of active-duty forces in Europe 
        of the armed forces of each member nation of NATO 
        (other than the United States) at the end of fiscal 
        year 1989.
          (4) The ratio (expressed in terms of a percentage) 
        of--
                  (A) the U.S. end-strength level in Europe; to
                  (B) the allied forces end-strength level in 
                Europe.
  (d) U.S.-Allied Forces Ratio.--(1) The ratio identified for 
fiscal year 1989 under subsection (c)(4) is hereinafter in this 
section referred to as the ``baseline U.S.-allied forces 
ratio''.
  (2) The ratio identified in an annual report under subsection 
(e) is hereinafter in this section referred to as the ``U.S.-
allied forces ratio''.
  (e) Annual Report on Maintaining Active-Duty Forces in 
Europe.--(1) During each of the fiscal years 1991, 1992, and 
1993, the Secretary of Defense shall prepare a report 
identifying for the preceding fiscal year the following:
          (A) The U.S. end-strength level in Europe for the 
        fiscal year covered by the report.
          (B) The allied forces end-strength level in Europe 
        for such fiscal year.
          (C) The ratio (expressed in terms of a percentage) of 
        the U.S. end-strength level in Europe to the allied 
        forces end-strength level in Europe for the fiscal year 
        covered by the report.
  (2) The Secretary shall include in each such report the 
following:
          (A) A statement of whether there has been any change 
        in the U.S.-allied forces ratio for such fiscal year 
        compared with--
                  (i) the baseline U.S.-allied forces ratio; 
                and
                  (ii) after fiscal year 1991, the U.S.-allied 
                forces ratio for the fiscal year immediately 
                preceding the fiscal year covered by such 
                report.
          (B) In the case of a change in the U.S.-allied forces 
        ratio for such fiscal year, a description of the amount 
        of such change and any explanation of the cause for 
        such change.
          (C) A discussion of any action taken by the United 
        States during such fiscal year to encourage member 
        nations of NATO (other than the United States) to 
        increase the number of their active-duty forces in 
        Europe and the results of that action.
  (3)(A) Except as provided in subparagraph (B), the report 
required by paragraph (1) shall be submitted to the 
congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Affairs 
\12\ of the House of Representatives not later than April 1 of 
each fiscal year referred to in such paragraph.
---------------------------------------------------------------------------
    \12\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (B) The Secretary shall be considered to have complied with 
subparagraph (A) in a fiscal year if the Secretary includes the 
information required by paragraphs (1) and (2) in the report 
submitted in such year pursuant to section 1002(d)(2) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note).
  (f) Limitation on Obligation of Funds.--(1) If the Secretary 
of Defense states in a report prepared under subsection (e) 
that the U.S.-allied forces ratio for the fiscal year covered 
by such report is greater than the baseline U.S.-allied forces 
ratio by more than one-tenth of one percentage point--
          (A) the President shall undertake appropriate 
        diplomatic initiatives to persuade the member nations 
        of NATO (other than the United States) to increase the 
        number of their active-duty forces in Europe so that 
        the U.S.-allied forces ratio no longer exceeds the 
        baseline U.S.-allied forces ratio; and
          (B) funds appropriated to or for the use of the 
        Department of Defense may not be obligated or expended 
        for the next fiscal year to support active-duty forces 
        in Europe of the Armed Forces of the United States at 
        an end-strength level that would cause the U.S.-allied 
        forces ratio in such fiscal year to exceed the baseline 
        U.S.-allied forces ratio by more than one-tenth of one 
        percentage point.
  (2) The President may waive the provisions of paragraph (1) 
if the President determines that such action is critical to the 
national security of the United States. The President shall 
immediately notify Congress of such a waiver and the reasons 
for such waiver.
  (3) Paragraph (1) shall not apply in the event of a 
declaration of war or an armed attack on any member nation of 
NATO or in the event that a comprehensive arms reduction 
agreement enters into force as a result of the negotiations on 
Conventional Armed Forces in Europe (CFE).
  (g) End-Strength Permanent Ceiling.--Nothing in this section 
shall be construed to permit the obligation or expenditure of 
funds to support an end-strength level of members of the Armed 
Forces of the United States assigned to permanent duty ashore 
in European member nations of NATO at any level in excess of 
the permanent ceiling specified in section 1002(c)(1) of the 
Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 
note).

SEC. 913. CONTRIBUTIONS BY JAPAN TO GLOBAL SECURITY

  (a) Findings.--Congress finds--
          (1) that extraordinary political, economic, and 
        social changes have occurred in Japan since World War 
        II; and
          (2) that, as a result of such changes, Japan is 
        capable of assuming increased responsibility for its 
        own security.
  (b) Sense of Congress.--It is the sense of Congress that, in 
view of the changes referred to in subsection (a), Japan 
should--
          (1) assume increased responsibility for its own 
        security;
          (2) offset the direct costs incurred by the United 
        States in deploying military forces for the defense of 
        Japan, including costs (other than pay and allowances) 
        related to the presence of United States military 
        personnel in Japan; and
          (3) make a contribution to the common defense that is 
        more commensurate with its economic status by taking 
        the following actions:
                  (A) Increasing expenditures for its Official 
                Development Assistance program and its defense 
                programs so that, by 1992, the level of 
                spending by Japan on those programs (stated as 
                a percentage of gross national product) will 
                approximate the average of the levels of 
                spending by the member nations of the North 
                Atlantic Treaty Organization (NATO) on official 
                development assistance and defense programs 
                (stated as a percentage of their respective 
                gross national products).
                  (B) Devoting any increase in its spending for 
                such Official Development Assistance program 
                primarily to the Republic of the Philippines 
                and to countries in regions of importance to 
                global stability outside of East Asia, 
                particularly to countries in Latin America, the 
                Caribbean area, and the Mediterranean area.
                  (C) Devoting any increase in spending for 
                that program primarily to untied grants and 
                increasing the portion of total expenditures 
                made in that program for those multilateral 
                financial institutions of which Japan is a 
                member.
                  (D) Designating those nations that are to be 
                recipients of increased development assistance 
                referred to in subparagraphs (A) through (C) 
                after consultation with Japan's security 
                partners.
                  (E) Completing, after consultation with the 
                United States, the 5-year defense program of 
                Japan for fiscal years 1986 through 1990 and, 
                at the earliest possible date after the 
                completion of that program, fulfilling the 
                pledge made by the Prime Minister of Japan in 
                May 1981 to defend the territory, airspace, and 
                sea lanes of Japan to a distance of 1,000 
                nautical miles.
                  (F) Acquiring ``off-the-shelf'' military 
                equipment from the United States (including 
                completely equipped, long-range early warning 
                aircraft, additional AEGIS weapon systems, 
                refueling aircraft, munitions, and spare parts) 
                in developing the capabilities called for in 
                Japan's current and subsequent 5-year defense 
                programs.
  (c) Negotiations and Consultations.--At the earliest 
practicable date after the enactment of this Act, the President 
shall--
          (1) enter into negotiations with Japan for the 
        purpose of achieving an agreement under which Japan 
        agrees to make contributions sufficient in value to 
        meet the direct cost of deploying United States forces 
        for the defense of Japan; and
          (2) issue an invitation to the Government of Japan 
        and other governments of Pacific allies of the United 
        States to engage in annual multilateral consultations 
        on security concerns, consistent with the constitutions 
        and national defense requirements of the respective 
        countries.
  (d) Reports.--(1) In order that Congress may determine 
whether further action is appropriate, not later than April 1, 
1990, the President shall submit to the congressional 
committees described in paragraph (3) an initial report on the 
status and results of--
          (A) the negotiations with Japan referred to in 
        subsection (c)(1); and
          (B) the invitation required under subsection (c)(2), 
        including any consultations resulting from such 
        invitation.
  (2) Not later than one year after the date of the enactment 
of this Act, the President shall submit to such congressional 
committees a second report on the status and results of the 
matters referred to in paragraph (1).
  (3) The congressional committees referred to in this 
subsection are the congressional defense committees, the 
Committee on Foreign Relations of the Senate, and the Committee 
on Foreign Affairs \13\ of the House of Representatives.
---------------------------------------------------------------------------
    \13\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 915. UNITED STATES-REPUBLIC OF KOREA SECURITY RELATIONSHIP AND 
                    OTHER SECURITY MATTERS IN EAST ASIA

  (a) Findings.--Congress makes the following findings:
          (1) Since the end of the Korean conflict, the 
        Republic of Korea has made tremendous progress in 
        rebuilding its economic and military strength.
          (2) Despite this progress, an indigenous military 
        balance has not yet been achieved on the Korean 
        peninsula, and the Democratic People's Republic of 
        Korea continues to pose a serious threat to the 
        security of the Republic of Korea.
          (3) The alliance between the United States and the 
        Republic of Korea has contributed greatly to the 
        security of both countries.
          (4) The Republic of Korea has dedicated a large share 
        of its national resources to its security, as shown by 
        the fact that defense expenditures comprise 
        approximately one-third of the national budget of the 
        Republic of Korea.
          (5) The United States has contributed a large amount 
        of national resources, including approximately 44,000 
        military personnel, to protecting the security 
        interests that it shares with the Republic of Korea.
          (6) The presence of United States military personnel 
        in the Republic of Korea contributes to the 
        preservation of peace on the Korean peninsula, serves 
        as a military deterrent, and is a tangible 
        manifestation of the commitment of the United States to 
        the defense of the Republic of Korea.
          (7) In accordance with its obligations under the 1954 
        Mutual Defense Treaty with the Republic of Korea, the 
        United States remains committed to the security and 
        territorial integrity of the Republic of Korea.
  (b) Sense of Congress on the United States-Republic of Korea 
Security Relationship.--(1) It is the sense of Congress that--
          (A) the United States should review the missions, 
        force structure, and locations of its military forces 
        in the Republic of Korea and East Asia;
          (B) the Republic of Korea should assume increased 
        responsibility for its own security;
          (C) the Republic of Korea should offset more of the 
        direct costs incurred by the United States in deploying 
        military forces for the defense of the Republic of 
        Korea; and
          (D) the United States and the Republic of Korea 
        should consult on the feasibility and desirability of 
        partial, gradual reductions of United States military 
        forces in the Republic of Korea.
  (2) In order that Congress may determine whether further 
action is appropriate, not later than April 1, 1990, the 
President shall submit to the congressional committees 
described in subsection (d) an initial report on the status and 
results of any consultations held by the United States and the 
Republic of Korea on the matter referred to in paragraph 
(1)(D).
  (3) Not later than one year after the date of the enactment 
of this Act, the President shall submit to such congressional 
committees a second report on the status and results of the 
consultations referred to in paragraph (1)(D).
  (c) Report on Military Presence in East Asia.--(1) Not later 
than April 1, 1990, the President shall submit to the 
congressional committees described in subsection (d) a report 
on the military presence of the United States in East Asia, 
including the Republic of Korea. The President shall include in 
such report a strategic plan relating to the continued United 
States military presence in East Asia.
  (2) The report required by this subsection shall specifically 
include the following:
          (A) An assessment of the implications of recent 
        developments in the Soviet Union and the People's 
        Republic of China for United States and allied security 
        planning in East Asia.
          (B) Identification of any changes in the missions, 
        force structure, and locations of United States forces 
        in East Asia that could strengthen the capabilities of 
        such forces and lower the costs of maintaining such 
        forces.
          (C) A discussion of ways in which increased defense 
        responsibilities and costs presently borne by the 
        United States can be transferred to the allies of the 
        United States in East Asia.
          (D) Identification of the additional actions that the 
        Republic of Korea can take to contribute more to its 
        own security.
          (E) A discussion of the feasibility of restructuring 
        United States military forces stationed in Okinawa with 
        the objective of improving civil-military relations and 
        increasing United States training opportunities.
          (F) A discussion of the status and prospects of 
        negotiations between the United States and the Republic 
        of the Philippines on the continued use of United 
        States military installations in the Republic of the 
        Philippines.
          (G) An assessment of whether a requirement still 
        exists for a regional security role for United States 
        forces stationed in the Republic of Korea.
  (3) The report required by this subsection shall also include 
a five-year plan with respect to the United States military 
presence in the Republic of Korea, including a discussion of 
the feasibility and desirability of the following:
          (A) Partial, gradual reductions in the number of 
        United States military personnel stationed in the 
        Republic of Korea.
          (B) Larger offsets by the Republic of Korea for the 
        direct costs incurred by the United States in deploying 
        military forces in defense of the Republic of Korea.
          (C) The relocation of United States military 
        personnel and facilities within the Republic of Korea 
        that can be made to reduce friction between such 
        personnel and the people of the Republic of Korea.
          (D) Changes in the United Nations and United States-
        Republic of Korea bilateral command arrangements that 
        would facilitate a transfer of certain military 
        missions and command to the Republic of Korea.
          (E) Confidence-building measures that could be 
        promoted in northeast Asia to lessen tensions in the 
        region.
          (F) Additional actions the Republic of Korea could 
        take to assume more responsibility for its own 
        security.
  (d) Congressional Committees To Receive Reports.--The 
congressional committees referred to in this section are the 
congressional defense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on Foreign Affairs 
\14\ of the House of Representatives.
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

                     Part C--Expenditures in Europe

SEC. 921. LIMITATION ON EXPENDITURES FOR RELOCATION OF FUNCTIONS 
                    LOCATED AT TORREJON AIR BASE, MADRID, SPAIN

  (a) Limitation.--During the period beginning on June 27, 
1989, and ending on October 1, 1993, not more than $360,000,000 
may be obligated or expended from funds available to the 
Department of Defense for the purpose of relocating functions 
of the Department of Defense located at Torrejon Air Base, 
Madrid, Spain, on June 15, 1989, to any other location outside 
the United States.
  (b) Counting of NATO Infrastructure Contributions.--For 
purposes of subsection (a), contributions for the North 
Atlantic Treaty Organization Infrastructure program pursuant to 
section 2806 of title 10, United States Code, that are used 
(directly or indirectly) for the purpose of relocations 
described in subsection (a) shall be included in determining 
the amount expended on such relocations.
  (c) Counting of Repayments for NATO Infrastructure Family 
Housing Commitments.--(1) All amounts which the United States 
is obligated to pay under a housing reimbursement agreement 
described in paragraph (2) shall be deemed to be amounts 
obligated for purposes of subsection (a), regardless of when 
the agreement is entered into or when payments pursuant to the 
agreement are to be made.
  (2) A housing reimbursement agreement for purposes of 
paragraph (1) is an agreement calling for the United States to 
make a series of annual payments as repayment for advances for 
the cost of construction, through the NATO Infrastructure 
program, of military family housing in connection with the 
relocations described in subsection (a).
  (d) Exclusion for Personnel Expenses.--There shall be 
excluded from the determination of amounts expended on 
relocations described in subsection (a) amounts spent for 
expenses associated with permanent change of station moves and 
other personnel-related expenses.

SEC. 922. SENSE OF CONGRESS CONCERNING UNITED STATES MILITARY 
                    FACILITIES IN NATO MEMBER COUNTRIES

  (a) NATO Policy.--It is the sense of Congress that the North 
Atlantic Treaty Organization (NATO) should adopt as its policy 
the following views expressed by the North Atlantic Assembly in 
its 1987 report entitled ``NATO in the 1990s'':
          (1) The member nations of NATO should examine further 
        measures that could be taken to relieve the United 
        States from the burdens of its military presence in 
        Europe.
          (2) Such nations should consider the provision of 
        base facilities for allied forces and equipment as a 
        part of their national contributions to Western 
        security.
          (3) Such nations should not expect compensation for 
        providing facilities that the NATO alliance decides are 
        essential to implement NATO security strategy.
          (4) All wealthier member nations of NATO should 
        assist Portugal, Greece, and Turkey to ensure that NATO 
        remains politically, economically, and militarily 
        strong in its southern region as well as in its central 
        and northern regions.
  (b) United States Payment for Use of Base Facilities in NATO 
Countries.--It is further the sense of Congress that the United 
States should not provide economic or security assistance to 
any NATO member nation as compensation or rent for the use of 
base facilities in that nation.

                  Part D--Cooperative Agreements \15\

          * * * * * * *
---------------------------------------------------------------------------
    \15\ Secs. 931 through 933 of Part D added or redesignated secs. 
2350a-2350f to title 10, United States Code, and made conforming 
amendments to previous years' defense authorization legislation.
---------------------------------------------------------------------------

SEC. 934.\16\ TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE EXCESS DEFENSE 
                    ARTICLES FOR THE MODERNIZATION OF DEFENSE 
                    CAPABILITIES OF COUNTRIES ON NATO SOUTHERN AND 
                    SOUTHEASTERN FLANKS * * *

SEC. 935. AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED 
                    PROFESSIONAL MILITARY EDUCATION INSTITUTION OUTSIDE 
                    THE UNITED STATES

  (a) Authority.--The United States Army Russian Institute in 
Garmisch-Partenkirchen, Federal Republic of Germany, shall be 
treated for purposes of section 544 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2347c) as if it were located in the 
United States.
---------------------------------------------------------------------------
    \16\ Sec. 934 amended sec. 516(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j(a)).
---------------------------------------------------------------------------
  (b) Expiration of Authority.--Subsection (a) shall cease to 
be in effect upon the enactment in foreign assistance 
authorizing legislation of an amendment to section 544 of the 
Foreign Assistance Act of 1961 that provides the same authority 
as is provided by subsection (a).
          * * * * * * *

             TITLE X--MATTERS RELATING TO ARMS CONTROL \17\

          * * * * * * *
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------

   TITLE XII--MILITARY DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

SEC. 1201. FUNDING FOR MILITARY DRUG INTERDICTION AND COUNTER-DRUG 
                    ACTIVITIES

  (a) In General.--(1) Of the amounts appropriated pursuant to 
this Act for the Department of Defense for fiscal year 1990, 
not more than $450,000,000 shall be available from the sources 
and in the amounts specified in paragraph (2) for carrying out 
the drug interdiction and counter-drug activities provided for 
in this title.
  (2) The amounts and sources referred to in paragraph (1) are 
as follows:
          (A) $182,000,000 of the amounts appropriated pursuant 
        to title I for fiscal year 1990.
          (B) $28,000,000 of the amounts appropriated pursuant 
        to title II for fiscal year 1990.
          (C) $235,000,000 of the amounts appropriated pursuant 
        to title III for fiscal year 1990.
          (D) $5,000,000 of the amounts appropriated pursuant 
        to division B for land acquisition and construction.
  (b) Operations of the Department of Defense.--Of the amount 
made available under subsection (a), $284,000,000 shall be 
available to carry out the mission of the Department of Defense 
relating to drug interdiction and counter-drug activities 
(other than purposes specified in subsections (c) through (g)).
  (c) National Guard.--Of the amount made available under 
subsection (a), $70,000,000 shall be available to provide funds 
under section 1207 for the purpose of drug interdiction by, and 
counter-drug activities of, the National Guard.
  (d) Integration of C3I Assets.--Of the amount made available 
under subsection (a), $27,000,000 shall be available to carry 
out the activities of the Department of Defense under section 
1204.
  (e) Research and Development.--Of the amount made available 
under subsection (a), $28,000,000 shall be available to carry 
out research and development activities referred to in section 
1205.
  (f) Civil Air Patrol.--Of the amount made available under 
subsection (a), $1,000,000 shall be available to support Civil 
Air Patrol activities under section 1209.
  (g) Other Assistance.--Of the amount made available under 
subsection (a), $40,000,000 shall be available to carry out the 
authority of the Secretary under section 1212 to provide 
additional counter-drug support to civilian agencies.

SEC. 1202.\18\ DEPARTMENT OF DEFENSE AS LEAD AGENCY FOR THE DETECTION 
                    AND MONITORING OF AERIAL AND MARITIME TRANSIT OF 
                    ILLEGAL DRUGS * * *

      
---------------------------------------------------------------------------
    \18\ Sec. 1202 added sec. 124 to 10 U.S.C. Sec. 1202 also repealed 
sec. 1102 of the National Defense Authorization Act, Fiscal Year 1989 
(Public Law 100-456; 102 Stat. 2042).
---------------------------------------------------------------------------

SEC. 1203. BUDGET PROPOSALS RELATING TO DRUG INTERDICTION AND COUNTER-
                    DRUG ACTIVITIES

  The budget of the United States Government submitted to 
Congress under section 1105 of title 31, United States Code, 
for fiscal years 1991 and 1992 shall set forth separately the 
amount requested for the mission of the Department of Defense 
related to drug interdiction and counter-drug activities in 
support of civilian agencies.

SEC. 1204. COMMUNICATIONS NETWORK

  (a) Integration of Network.--(1) The Secretary of Defense 
shall integrate into an effective communications network the 
command, control, communications, and technical intelligence 
assets of the United States that are dedicated (in whole or in 
part) to the interdiction of illegal drugs into the United 
States.
  (2) The Secretary shall carry out this subsection in 
consultation with the Director of National Drug Control Policy.
  (b) Conforming Repeal.--Section 1103 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 
Stat. 2042), is repealed.

SEC. 1205. RESEARCH AND DEVELOPMENT

  The Secretary of Defense shall ensure that adequate research 
and development activities of the Department of Defense, 
including research and development activities of the Defense 
Advanced Research Projects Agency, are devoted to technologies 
designed to improve--
          (1) the ability of the Department to carry out the 
        detection and monitoring function of the Department 
        under section 124 of title 10, United States Code, as 
        added by section 1202; and
          (2) the ability to detect illicit drugs and other 
        dangerous and illegal substances that are concealed in 
        containers.

SEC. 1206. TRAINING EXERCISES IN DRUG-INTERDICTION AREAS

  (a) Exercises Required.--The Secretary of Defense shall 
direct that the armed forces, to the maximum extent 
practicable, shall conduct military training exercises 
(including training exercises conducted by the reserve 
components) in drug-interdiction areas.
  (b) Report.--(1) Not later than February 1 of 1991 and 1992, 
the Secretary shall submit to Congress a report on the 
implementation of subsection (a) during the preceding fiscal 
year.
  (2) The report shall include--
          (A) a description of the exercises conducted in drug-
        interdiction areas and the effectiveness of those 
        exercises in the national counter-drug effort; and
          (B) a description of those additional actions that 
        could be taken (and an assessment of the results of 
        those actions) if additional funds were made available 
        to the Department of Defense for additional military 
        training exercises in drug-interdiction areas for the 
        purpose of enhancing interdiction and deterrence of 
        drug smuggling.
  (c) Drug-Interdiction Areas Defined.--For purposes of this 
section, the term ``drug-interdiction areas'' includes land and 
sea areas in which, as determined by the Secretary, the 
smuggling of drugs into the United States occurs or is believed 
by the Secretary to have occurred.

SEC. 1207.\19\ DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE 
                    NATIONAL GUARD * * *
---------------------------------------------------------------------------

    \19\ Sec. 1207 added a new 32 U.S.C. 112.
    \20\ Sec. 1033(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) repealed sec. 
1208, which had authorized the transfer of excess Department of Defense 
personal property for other Federal and State agencies' counter-drug 
activities. See 10 U.S.C. 2576a.
---------------------------------------------------------------------------

SEC. 1208.\20\ * * * [REPEALED--1996]

SEC. 1209. CIVIL AIR PATROL

  To the extent funds are available under section 1201(f), the 
Secretary of Defense shall pay for expenses incurred by the 
Civil Air Patrol in conducting drug surveillance flights.

SEC. 1210.\21\ OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN LAW 
                    ENFORCEMENT PERSONNEL * * *

SEC. 1211.\22\ RESTRICTION ON DIRECT PARTICIPATION BY MILITARY 
                    PERSONNEL * * *

SEC. 1212. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES

  At the request of the head of a Federal agency with counter-
drug responsibilities, the Secretary of Defense during fiscal 
year 1990 may provide support for the counter-drug activities 
of that agency as follows:
---------------------------------------------------------------------------
    \21\ Sec. 1210 amended sec 374(b)(2)(E) of 10 U.S.C.
    \22\ Sec. 1211 amended sec. 375 of 10 U.S.C.
---------------------------------------------------------------------------
          (1) Maintenance and repair of equipment that has been 
        made available by the Department of Defense under 
        chapter 18 of title 10, United States Code, in order to 
        preserve the potential future utility of such equipment 
        to the Department of Defense.
          (2) Transportation of personnel, supplies, and 
        equipment for purposes of facilitating a counter-drug 
        operation.
          (3) Establishment and operation of a base of 
        operations for purposes of facilitating a counter-drug 
        operation.
          (4) Loan of National Guard equipment, subject to such 
        minimum standards of care and maintenance and such 
        minimum training and proficiency requirements for 
        persons who are to use such equipment as the Secretary 
        considers appropriate.
          (5) Training of personnel.

SEC. 1213. REPORTS

  (a) By the President.--Not later than April 1, 1990, the 
President shall submit to Congress a report--
          (1) describing the progress made on implementation of 
        the plan required by section 1103 of the National 
        Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 
        374 note);
          (2) containing an analysis of the feasibility of 
        establishing a National Drug Operations Center for the 
        integration, coordination, and control of all drug 
        interdiction operations; and
          (3) describing how intelligence activities relating 
        to narcotics trafficking can be integrated, including--
                  (A) coordinating the collection and analysis 
                of intelligence information;
                  (B) ensuring the dissemination of relevant 
                intelligence information to officials with 
                responsibility for narcotics policy and to 
                agencies responsible for interdiction, 
                eradication, law enforcement, and other 
                counter-drug activities; and
                  (C) coordinating and controlling all 
                intelligence activities relating to counter-
                drug activities.
  (b) By the Secretary of Defense.--(1) Not later than February 
1, 1990, the Secretary of Defense shall submit a report to 
Congress--
          (A) on the specific drug-related research and 
        development projects to be funded, and the planned 
        allocation of funding for such projects, under section 
        1205;
          (B) on the feasibility of detailing officers in the 
        Judge Advocate General's Corps of the military 
        departments to the Department of Justice to assist in 
        the prosecution of drug cases in areas in which there 
        is a lack of sufficient prosecutorial resources;
          (C) on the feasibility of increasing the use of the 
        resources and personnel of the Special Operations 
        Command in drug interdiction and counter-drug 
        activities; and
          (D) on the desirability and feasibility of assigning 
        active-duty members of the Armed Forces, at the request 
        of the Secretary of the Treasury and with the approval 
        of the Secretary of Defense, to assist the United 
        States Customs Service in the inspection of cargo, 
        vehicles, vessels, and aircraft at points of entry into 
        the United States.
In preparing the report required by this paragraph, the 
Secretary shall consult with the Director of National Drug 
Control Policy and other appropriate heads of agencies.
  (2) Not later than April 1, 1990, the Secretary of Defense 
shall submit a report to Congress on--
          (A) the feasibility of establishing aerial and 
        maritime navigational corridors by which civilian 
        aircraft and vessels may travel through drug 
        interdiction areas, as defined in section 1206(c);
          (B) the feasibility of requiring the submission of 
        navigational plans for all civilian aircraft and 
        vessels that will travel in such areas; and
          (C) the funding considered necessary to implement a 
        plan to carry out the matters referred to in 
        subparagraphs (A) and (B).
In preparing the report required by this paragraph, the 
Secretary shall consult with the Secretary of Transportation 
and the Director of National Drug Control Policy.
  (3) Not later than February 1 of 1990 and 1991, the Secretary 
of Defense shall submit to Congress a report on the drug 
interdiction and counter-drug activities of the Department of 
Defense under chapter 18 of title 10,\23\ United States Code, 
and other applicable provisions of law during the preceding 
fiscal year. The report shall include--
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    \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.
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  (b) Statutory Construction.--A provision of law enacted after 
the date of the enactment of this Act may not be construed as 
modifying or superseding this section unless that provision 
specifically refers to this section and specifically states 
that such provision of law modifies or supersedes this section.
          * * * * * * *

   Part C--Technical Corrections and General Technical and Clerical 
                               Amendments

          * * * * * * *

SEC. 1624. REPORT ON RECURRING PROVISIONS OF DEFENSE APPROPRIATIONS ACT

  (a) Report.--Not later than April 1, 1990, the Secretary of 
Defense shall submit to the defense committees of Congress a 
report on recurring provisions of law enacted in the General 
Provisions title of the Department of Defense Appropriations 
Act, 1990.
  (b) Matters To Be Included.--With respect to each provision 
covered by the report, the report shall indicate the following:
          (1) When the provision (or a substantially similar 
        provision) was first included in an annual Department 
        of Defense Appropriations Act.
          (2) The original policy reason (as nearly as the 
        Secretary can determine) for the inclusion of such a 
        provision.
          (3) The Secretary's assessment as to whether that 
        reason still pertains and whether there are additional 
        policy reasons for the continuing inclusion of the 
        provision in annual Acts making appropriations for the 
        Department of Defense.
          (4) The Secretary's recommendation as to whether the 
        policy of that provision should continue to be provided 
        by law and, if the recommendation is that the policy 
        should not continue to be provided by law, a detailed 
        statement of the reasons for such recommendation.
          (5) In the case of each provision which the Secretary 
        recommends under paragraph (4) should continue to be 
        provided by law, the recommendation of the Secretary as 
        to whether such provision should continue to be 
        included in annual Acts making appropriations for the 
        Department of Defense or whether it would be desirable 
        for Congress to enact such provision as permanent law 
        and, if the recommendation is that the policy should 
        not be enacted as permanent law, a detailed statement 
        of the reasons for such recommendation.
  (c) Draft of Proposed Legislation.--The report shall include 
a draft of proposed legislation for the codification into title 
10, United States Code, or other appropriate statutes of those 
provisions covered by the report which the Secretary recommends 
(under subsection (b)(5)) would be desirable for Congress to 
enact as permanent law.
  (d) Update of Earlier Report.--The report shall be an update 
of the report submitted by the General Counsel of the 
Department of Defense pursuant to section 1267 of the 
Department of Defense Authorization Act, 1984 (Public Law 98-
94; 97 Stat. 705).
  (e) Definitions.--For purposes of this section:
          (1) The term ``defense committees of Congress'' means 
        the Committees on Armed Services and the Committees on 
        Appropriations of the Senate and House of 
        Representatives.\26\
---------------------------------------------------------------------------
    \26\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (2) The term ``recurring provision'' means a 
        provision of an appropriations Act which (1) is not 
        permanent law, and (2) has been enacted in 
        substantially the same form in previous Acts making 
        appropriations for the same purpose.

                         Part D--Miscellaneous

SEC. 1631. STUDY OF PROTECTION OF UNITED STATES CIVIL AVIATION FROM 
                    TERRORIST ACTIVITIES OVERSEAS

  (a) Study.--The Secretary of Defense shall conduct a study on 
the feasibility and desirability of the United States, at the 
request of a foreign government, deploying military personnel 
or providing military equipment in areas under the jurisdiction 
of that government to assist that government in the protection 
of United States civil aviation interests from terrorist 
activity. The study should also undertake to determine what 
programs of the Department of Defense (1) have application to 
enhancing civil aviation security, and (2) could be quickly 
adopted by the Federal Aviation Administration for that 
purpose.
  (b) Research and Development Matters To Be Studied.--The 
study shall include a review of United States Government 
programs concerning research and development in areas relating 
to explosives detection, terrorist identification, and anti-
terrorist operations.
  (c) Interagency Coordination.--The study shall be conducted 
in consultation with the Secretary of State and the 
Administrator of the Federal Aviation Administration.
  (d) Submission of Report.--The Secretary shall submit to 
Congress a report on the study (including the Secretary's 
findings, conclusions, and recommendations) within six months 
after the date of enactment of this Act.
          * * * * * * *

SEC. 1638. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING 
                    KIDNAPPING AND MURDER OF LIEUTENANT COLONEL HIGGINS

  (a) Findings.--Congress makes the following findings:
          (1) The radical, Lebanese-based terrorist 
        organization which calls itself the ``Organization of 
        the Oppressed of the Earth'' announced on July 31, 
        1989, that it had executed Lieutenant Colonel William 
        R. Higgins, a United States Marine assigned for service 
        with the United Nations in the U.N. Truce Supervision 
        Organization (UNTSO), who was kidnapped in southern 
        Lebanon on February 17, 1988.
          (2) That organization claimed to have executed 
        Lieutenant Colonel Higgins in response to the capture 
        on July 28, 1989, by Israeli commandos of a radical 
        Muslim Shiite leader, Sheik Abdul Karim Obeid, believed 
        to be associated with that organization.
          (3) That organization released to certain news 
        agencies a videotape showing Lieutenant Colonel Higgins 
        killed by hanging, though many forensic experts believe 
        the videotape indicates that the person shown did not 
        die from hanging.
          (4) The kidnapping of Lieutenant Colonel Higgins, who 
        was engaged only in carrying out the legitimate United 
        Nations peacekeeping activities to which he had been 
        assigned, was wholly unjustified.
          (5) It is absolutely clear that the kidnapping and 
        the murder of Lieutenant Colonel Higgins were 
        outrageous acts of terrorism that deserve the 
        condemnation of all civilized people.
          (6) There is strong evidence that the Government of 
        Iran has supported the organization responsible for 
        Lieutenant Colonel Higgins' kidnapping and murder, as 
        well as other terrorist and extremist forces inside 
        Lebanon and throughout the Middle East.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) Congress is outraged by the kidnapping and murder 
        of Lieutenant Colonel Higgins and condemns those 
        actions as barbaric, cowardly, and utterly incompatible 
        with the standards of conduct upheld by civilized 
        people;
          (2) the President should use all available resources 
        of the United States Government, including diplomatic 
        and intelligence channels, to determine the identity of 
        those persons responsible for the kidnapping and murder 
        and the details regarding those terrorist acts;
          (3) the President should determine whether it would 
        be possible to identify and bring to justice, or to 
        retaliate against, those persons responsible for the 
        kidnapping and murder in a manner consistent with 
        United States and international legal requirements that 
        would reduce the risk to Americans from terrorism;
          (4) the President should take strong and decisive 
        action, possibly including the use of military force, 
        to prevent or respond to acts of international 
        terrorism. Such actions should be taken in concert with 
        other nations where practicable, but the President 
        should be prepared to act unilaterally, if necessary;
          (5) the United States should make clear to the new 
        leadership in Iran (A) that the United States will not 
        tolerate a continuation of past policies of support of 
        groups which undertake terrorist actions against 
        American citizens or direct assaults on American vital 
        interests in the Middle East or elsewhere, and (B) that 
        if such support should continue, the United States will 
        hold the authorities in Iran accountable for that 
        support and act accordingly;
          (6) the Secretary General of the United Nations 
        should take all necessary steps to help ensure that the 
        body of Lieutenant Colonel Higgins is returned to his 
        country and family and that those responsible for his 
        kidnapping and murder are immediately brought to 
        justice;
          (7) the President should engage in urgent and 
        continuing diplomatic contacts with all other 
        governments concerning their policies and actions which 
        might have relevance to the interests of the United 
        States Government or increase the vulnerability of the 
        United States citizens to attacks by terrorists; and
          (8) the President should continue to consult with 
        other nations to ensure international cooperation and 
        coordination to end terrorist attacks.

SEC. 1639. REPORTS ON CONTROLS ON TRANSFER OF MISSILE TECHNOLOGY AND 
                    CERTAIN WEAPONS TO OTHER NATIONS

  (a) * * *
  (b) Report on Manpower Required To Implement Export Controls 
on Certain Weapons Transfers.--(1) Not later than February 1, 
1990, the Secretary of Defense shall submit to Congress a 
report relating to Department of Defense manpower required to 
implement export controls on certain weapons transfers. In the 
report, the Secretary shall--
          (A) identify the role of the Department of Defense in 
        implementing export controls on nuclear, chemical, and 
        biological weapons;
          (B) describe the number and skills of personnel 
        currently available in the Department of Defense to 
        perform such role; and
          (C) assess the adequacy of the level of personnel 
        resources described in subparagraph (B) for the 
        effective performance of such role.
  (2) The report required by paragraph (1) shall identify the 
total number of current Department of Defense full-time 
employees or military personnel, and the grades of such 
personnel and the special knowledge, experience, and expertise 
of such personnel, required to carry out each of the following 
activities of the Department in implementing export controls on 
nuclear, chemical, and biological weapons:
          (A) Review of private-sector export license 
        applications and government-to-government cooperative 
        activities.
          (B) Intelligence analysis and activities.
          (C) Policy coordination.
          (D) International liaison activity.
          (E) Technology security operations.
          (F) Technical review.
  (3) The report shall include the Secretary's assessment of 
the adequacy of staffing in each of the categories specified in 
subparagraphs (A) through (F) of paragraph (2) and shall make 
recommendations concerning measures, including legislation if 
necessary, to eliminate any identified staffing deficiencies 
and to improve interagency coordination with respect to 
implementing export controls on nuclear, chemical, and 
biological weapons.
  (c) Report on Missile Technology Control Regime 
Enforcement.--(1) The Secretary of Defense shall include in the 
report under subsection (b) information concerning the Missile 
Technology Control Regime (MTCR). In the report, the Secretary 
shall review the existing regulations covering the issues 
addressed by the MTCR and shall assess whether those 
regulations--
          (A) appropriately cover each item listed in the MTCR 
        annex; and
          (B) sufficiently stress consideration of ultimate end 
        use of an item as a factor in issuance of export 
        licenses with respect to that item.
  (2) In the report, the Secretary shall also assess whether, 
in the case of a request for an export license involving a 
country that is considered to be a suspect country for purposes 
of the regime, or involving a commodity that is considered to 
be a suspect commodity for purposes of the regime, sufficient 
information on that request is brought to the attention of the 
Department of Defense before such a license is issued and, if 
not, what measures could be taken to improve Department of 
Defense oversight of the issuance of export licenses in such 
cases.
  (3) In the report, the Secretary may also address whatever 
other initiatives for the enforcement of the regime the 
Secretary considers would help strengthen the regime.

SEC. 1640. REVIEWS AND REPORTS ON DECONTROL OF CERTAIN PERSONAL 
                    COMPUTERS

  (a) Reviews.--The Secretary of Defense and the Secretary of 
Commerce shall each conduct an independent review on the 
foreign availability of the personal computers known as AT-
compatible microcomputers. Each Secretary, in conducting his 
review, shall, at a minimum, determine the availability of such 
microcomputers from sources other than member nations of the 
Coordinating Committee for Multilateral Export Controls or 
other nations that control the export of such computers. The 
Secretary of Defense, in conducting his review, also shall 
assess the military significance of such microcomputers for the 
Soviet Union and its Warsaw Pact allies.
  (b) Reports.--The Secretary of Defense and the Secretary of 
Commerce shall each submit to the Committee on Banking, 
Housing, and Urban Affairs of the Senate, the Committee on 
Foreign Affairs of the House of Representatives, and the 
Committees on Armed Services of the Senate and House of 
Representatives \27\ a report containing the results of the 
respective reviews required by subsection (a).
---------------------------------------------------------------------------
    \27\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations. 
The Committee on National Security subsequently returned to the name 
``Committee on Armed Services''; see sec. 1067 of Public Law 106-65 
(113 Stat. 774).
---------------------------------------------------------------------------
  (c) Deadline for Reports.--The reports required by subsection 
(b) shall be submitted not later than January 1, 1990.
          * * * * * * *
           y. Department of Defense Appropriations Act, 1991

    Partial text of Public Law 101-511 [H.R. 5803], 104 Stat. 1856, 
approved November 5, 1990; amended by Public Law 102-172 [Department of 
Defense Appropriations Act, 1992; H.R. 2521], 105 Stat. 1150, approved 
    November 26, 1991; and by Public Law 102-190 [National Defense 
  Authorization for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat. 
                    1290, approved December 5, 1991

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1991, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1991, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *

                     (including transfer of funds)

  Sec. 8104.\1\ SECTION 1. This section establishes the 
National Commission on Defense and National Security.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 401 note. As enrolled.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

  The Congress makes the following findings:
          (1) Recent revolutionary world events require a 
        fundamental reassessment of the defense and national 
        security policies of the United States.
          (2) Emerging democracies around the world will 
        require political, technical, and economic assistance, 
        as well as military assistance, from the developed free 
        nations in order to thrive and to become productive 
        members of the world community.
          (3) Real and potential military threats to the United 
        States and its allies will continue to exist for the 
        foreseeable future from not just the Soviet Union but 
        also from terrorism and from Third World nations.
          (4) Proliferation of both sophisticated conventional 
        weapons and of nuclear weapons could produce a world 
        more dangerous than we have faced in the past.
          (5) Ethnic rivalries as well as economic inequalities 
        may produce instabilities that could spark serious 
        conflict.
          (6) In order to formulate coherent national policies 
        to meet these challenges of a new world environment, it 
        is essential for the United States to achieve a 
        bipartisan consensus such as that which emerged 
        following World War II.
          (7) Such a consensus can be fostered by the 
        development of policy recommendations from a highly 
        respected group of individuals who do not bear a 
        partisan label and who possess critical expertise and 
        experience.

SEC. 3. ESTABLISHMENT.

  There is established a commission to be known as National 
Commission on Defense and National Security (hereinafter in 
this Act referred to as the ``Commission''). The Commission is 
established until 30 days following submission of the final 
report required by section 6 of this section.\2\
---------------------------------------------------------------------------
    \2\ The second sentence was added by sec. 8078(1) of Public Law 
102-172 (105 Stat. 1190).
---------------------------------------------------------------------------

SEC. 4. DUTIES OF COMMISSION.

  (a) In General.--The Commission shall analyze and make 
recommendations to the President and Congress concerning the 
national security and national defense policies of the United 
States.
  (b) Matters To Be Analyzed.--Matters to be analyzed by the 
Commission shall include the following:
          (1) The world-wide interests, goals, and objectives 
        of the United States that are vital to the national 
        security of the United States.
          (2) The political, economic, and military 
        developments around the world and the implications of 
        those developments for United States national security 
        interests, including--
                  (A) the developments in Eastern Europe and 
                the Soviet Union;
                  (B) the question of German unification;
                  (C) the future of NATO and European economic 
                integration;
                  (D) the future of the Pacific Basin; and
                  (E) potential instability resulting from 
                regional conflicts or economic problems in the 
                developing world.
          (3) The foreign policy, world-wide commitments, and 
        national defense capabilities of the United States 
        necessary to deter aggression and implement the 
        national security strategy of the United States, 
        including the contribution that can be made by 
        bilateral and multilateral political and economic 
        associations in promoting interests that the United 
        States shares with other members of the world 
        community.
          (4) The proposed short-term uses of the political, 
        economic, military, and other elements of national 
        power for the United States to protect or promote the 
        interests and to achieve the goals and objectives 
        referred to in paragraph (1).
          (5) Long-term options that should be considered 
        further for a number of potential courses of world 
        events over the remainder of the century and into the 
        next century.

SEC. 5. MEMBERSHIP.

  (a) Number and Appointment.--The Commission shall be composed 
of 10 members, as follows:
          (1) Three appointed by the President.
          (2) Three appointed by the Speaker of the House of 
        Representatives.
          (3) One appointed by the minority leader of the House 
        of Representatives.
          (4) Two appointed by the majority leader of the 
        Senate.
          (5) One appointed by the minority leader of the 
        Senate.
  (b) Qualifications.--Persons appointed to the Commission 
shall be persons who are not officers or employees of the 
Federal Government (including Members of Congress) and who are 
specially qualified to serve on the Commission by virtue of 
their education, training, or experience.
  (c) Terms.--Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
  (d) Basic Pay.--Members of the Commission shall serve without 
pay.
  (e) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number may hold 
hearings.
  (f) Chairman and Vice Chairman.--The Chairman of the 
Commission shall be designated by the President from among the 
members appointed by the President. The Vice Chairman of the 
Commission shall be designated by the Speaker of the House of 
Representatives from among the members appointed by the 
Speaker.
  (g) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.
  (h) Deadline for Appointments.--Members of the Commission 
shall be appointed not later than the end of the 30-day period 
beginning on the date of the enactment of this Act.

SEC. 6. REPORTS.

  (a) Initial Report.--The Commission shall transmit to the 
President and to Congress an initial report not later than six 
months after the date on which the Commission is first 
constituted with a quorum.
  (b) \3\ Final Report.--The Commission shall transmit to the 
President and to Congress a final report one year following \4\ 
submission of the initial report under subsection (a).
---------------------------------------------------------------------------
    \3\ Sec. 8078(2)(i)(A) of Public Law 102-172 (105 Stat. 1190) 
struck out ``Subsequent Annual Reports'' and inserted in lieu thereof 
``Final Report''.
    \4\ Sec. 8078(2)(i)(B) of Public Law 102-172 (105 Stat. 1190) 
struck out ``an annual report for each of the first five years 
following the'' and inserted in lieu thereof ``a final report one year 
following''. Sec. 8078(2)(C) struck out a second sentence in subsec. 
(b), which had read: ``Each such report shall update the previous 
report under this section.''.
---------------------------------------------------------------------------
  (c) Contents of Reports.--The report under subsection (b) \5\ 
shall contain a detailed statement of the findings and 
conclusions of the Commission concerning the matters to be 
studied by the Commission under section 4, together with its 
recommendations for such legislation and administrative actions 
as it considers appropriate. Such \5\ report shall include a 
comprehensive description and discussion of the matters set 
forth in section 4.
---------------------------------------------------------------------------
    \5\ Sec. 8078(2)(ii)(A) of Public Law 102-172 (105 Stat. 1190) 
struck out ``Each report under this section'' and inserted in lieu 
thereof ``The report under subsection (b)'' in the first sentence. Sec. 
8078(2)(ii)(B) struck out ``Each such'' and inserted in lieu thereof 
``such'' in the second sentence.
---------------------------------------------------------------------------
  (d) Reports To Be Unclassified.--Each such report shall be 
submitted in unclassified form.
  (e) Additional and Minority Views.--Each report may include 
such additional and minority views as individual members of the 
Commission may request be included.

SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

  (a) Director.--The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, have a Director 
who shall be appointed by the Chairman and who shall be paid at 
a rate not to exceed the maximum rate of basic pay payable for 
GS-18 of the General Schedule.
  (b) Staff.--The Chairman may appoint and fix the pay of such 
additional personnel as the Chairman considers appropriate.
  (c) Applicability of Certain Civil Service Laws.--The 
Director and staff of the Commission may be appointed without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no 
individual so appointed may receive pay in excess of the annual 
rate of basic pay payable for GS-18 of the General Schedule.
  (d) Experts and Consultants.--Subject to such rules as may be 
prescribed by the Commission, the Chairman may procure 
temporary and intermittent services under section 3109(b) of 
title 5 of the United States Code, but at rates for individuals 
not to exceed the daily equivalent of the maximum annual rate 
of basic pay payable for GS-18 of the General Schedule.
  (e) Staff of Federal Agencies.--Upon request of the 
Commission, the head of any Federal agency may detail, on a 
reimbursable basis, any of the personnel of such agency to the 
Commission to assist the Commission in carrying out its duties 
under this Act.

SEC. 8. POWERS OF COMMISSION.

  (a) Hearings and Sessions.--The Commission may, for the 
purpose of carrying out this Act, hold such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence, as the Commission considers appropriate.
  (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if so authorized by the Commission, take any 
action which the Commission is authorized to take by this 
section.
  (c) \6\ Obtaining Official Data.--The Chairman or a designee 
on behalf of the Commission may request information necessary 
to enable the Commission to carry out this Act directly from 
any department or agency of the United States.
---------------------------------------------------------------------------
    \6\ Sec. 8078(3) of Public Law 102-172 (105 Stat. 1190) amended and 
restated subsec. (c).
---------------------------------------------------------------------------
  (d) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
  (e) Mails.--The Commission may use the United States mails in 
the same manner and under the same conditions as other 
departments and agencies of the United States.
  (f) Administrative Support Services.--The Administrator of 
General Services shall provide to the Commission on a 
reimbursable basis such administrative support services as the 
Commission may request.

SEC. 9. INITIAL FUNDING OF COMMISSION.

  If funds are not otherwise available for the necessary 
expenses of the Commission for fiscal year 1991, the Secretary 
of Defense shall make available to the Commission, from funds 
available to the Secretary for the fiscal year concerned, such 
funds as the Commission requires. When funds are specifically 
appropriated for the expenses of the Commission, the Commission 
shall reimburse the Secretary from such funds for any funds 
provided to it under the preceding sentence.
  Sec. 8105.\7\ Contributions by Japan to the Support of United 
States Forces in Japan.--
---------------------------------------------------------------------------
    \7\ 10 U.S.C. 113 note. See also sec. 1455 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1695).
---------------------------------------------------------------------------
  (a) Permanent Ceiling on United States Armed Forces in 
Japan.--After September 30, 1990, funds appropriated pursuant 
to an appropriation contained in this Act or any subsequent Act 
may not be used to support an end strength level of all 
personnel of the Armed Forces of the United States stationed in 
Japan at any level in excess of 50,000.
  (b) Annual Reduction in Ceiling Unless Support Furnished.--
Unless the President certifies to Congress before the end of 
each fiscal year that Japan has agreed to offset for that 
fiscal year the direct costs incurred by the United States 
related to the presence of all United States military personnel 
in Japan, excluding the military personnel title costs, the end 
strength level for that fiscal year of all personnel of the 
Armed Forces of the United States stationed in Japan may not 
exceed the number that is 5,000 less than such end strength 
level for the preceding fiscal year.
  (c) Sense of Congress.--It is the sense of Congress that all 
those countries that share the benefits of international 
security and stability should share in the responsibility for 
that stability and security commensurate with their national 
capabilities. The Congress also recognizes that Japan has made 
a substantial pledge of financial support to the effort to 
support the United Nations Security Council resolutions on 
Iraq. The Congress also recognizes that Japan has a greater 
economic capability to contribute to international security and 
stability than any other member of the international community 
and wishes to encourage Japan to contribute commensurate with 
that capability.
  (d) Exceptions.--(1) This section shall not apply in the 
event of a declaration of war or an armed attack on Japan.
  (2) The President may waive the limitation in this section 
for any fiscal year if he declares that it is in the national 
interest to do so and immediately \8\ informs Congress of the 
waiver and the reasons for the waiver.\9\
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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).
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  (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.
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    (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.
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    \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).
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          * * * * * * *

                          Part B--Limitations

          * * * * * * *

SEC. 313.\5\ PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN 
                    MILITARY EXCHANGE STORES

    (a) Prohibition.--During the three-year period beginning on 
the date of the enactment of this Act, no product manufactured 
or assembled by Toshiba America, Incorporated, or Toshiba 
Corporation (or any of its affiliates or subsidiaries) may be 
purchased by the Department of Defense for the purpose of 
resale of such product in a military exchange store or in any 
other morale, welfare, recreation, or resale activity operated 
by the Department of Defense (either directly or by 
concessionaire).
---------------------------------------------------------------------------
    \5\ 50 U.S.C. app. 2410a note.
---------------------------------------------------------------------------
    (b) Exception.--The prohibition in subsection (a) shall not 
apply to microwave ovens manufactured or assembled in the 
United States.

SEC. 314. LIMITATION ON FUNDING FOR UNITED STATES SOUTHERN COMMAND 
                    AIRLIFT

    Funds appropriated for operation and maintenance for the 
Air Force for fiscal year 1989 may not be obligated or expended 
in connection with any contract for aircraft with short takeoff 
and landing capability until--
          (1) the Secretary of Defense approves a requirements 
        document and an acquisition plan, including costs and 
        schedule information, for an aircraft with short 
        takeoff and landing capability for the United States 
        Southern Command; and
          (2) the Secretary of Defense submits both the 
        document and the plan to the Committees on Armed 
        Services of the Senate and the House of 
        Representatives.\6\
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          * * * * * * *

             TITLE VIII--ACQUISITION POLICY AND MANAGEMENT

          * * * * * * *

                    Part B--Defense Industrial Base

          * * * * * * *

SEC. 825. DEPARTMENT OF DEFENSE OFFSET POLICY

    (a) \7\ Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \7\ 10 U.S.C. 2505 note.
---------------------------------------------------------------------------
          (1) Many contracts entered into by United States 
        firms for the supply of weapon systems or defense-
        related items to foreign countries and foreign firms 
        are subject to contractual arrangements under which 
        United States firms must agree--
                  (A) to have a specified percentage of work 
                under, or monetary amount of, the contract 
                performed by one or more foreign firms;
                  (B) to purchase a specified amount or 
                quantity of unrelated goods or services from 
                domestic sources of such foreign countries; or
                  (C) to invest a specified amount in domestic 
                businesses of such foreign countries.
        Such contractual arrangements, known as ``offsets'', 
        are a component of international trade and could have 
        an impact on United States defense industry 
        opportunities in domestic and foreign markets.
          (2) Some United States contractors and subcontractors 
        may be adversely affected by such contractual 
        arrangements.
          (3) Many contracts which provide for or are subject 
        to offset arrangements require, in connection with such 
        arrangements, the transfer of United States technology 
        to foreign firms.
          (4) The use of such transferred technology by foreign 
        firms in conjunction with foreign trade practices 
        permitted under the trade policies of the countries of 
        such firms can give foreign firms a competitive 
        advantage against United States firms in world markets 
        for products using such technology.
          (5) A purchase of defense equipment pursuant to an 
        offset arrangement may increase the cost of the defense 
        equipment to the purchasing country and may reduce the 
        amount of defense equipment that a country may 
        purchase.
          (6) The exporting of defense equipment produced in 
        the United States is important to maintain the defense 
        industrial base of the United States, lower the unit 
        cost of such equipment to the Department of Defense, 
        and encourage the standardized utilization of United 
        States equipment by the allies of the United States.
    (b) Amendment to Title 10.\8\ * * *
---------------------------------------------------------------------------
    \8\ Sec. 825(b) added a new sec. 2505 to 10 U.S.C., concerning U.S. 
defense technology transfer and notifications.
---------------------------------------------------------------------------
    (c) \9\ Negotiations.--(1) The President shall enter into 
negotiations with foreign countries that have a policy of 
requiring an offset arrangement in connection with the purchase 
of defense equipment or supplies from the United States. The 
negotiations should be conducted with a view to achieving an 
agreement with the countries concerned that would limit the 
adverse effects that such arrangements have on the defense 
industrial base of each such country. Every effort shall be 
made to achieve such agreements within two years after 
September 29, 1988; \10\
---------------------------------------------------------------------------
    \9\ 10 U.S.C. 2505 note.
    \10\ Sec. 816 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1501) amended sec. 
825(c) by transferring the text of para. (2) to the end of para. (1); 
by striking ``the date of the enactment of this Act.'' at the end of 
that sentence and inserting in lieu thereof ``September 29, 1988''; and 
by inserting a new para. (2).
---------------------------------------------------------------------------
    (2) \10\ In the negotiation or renegotiation of any 
memorandum of understanding between the United States and one 
or more foreign countries relating to the reciprocal 
procurement of defense equipment and supplies or research and 
development, the President shall make every effort to achieve 
an agreement with the country or countries concerned that would 
limit the adverse effects that offset arrangements have on the 
defense industrial base of the United States.
    (d) Reports.--(1) Not later than November 15, 1988, the 
President shall submit to Congress a comprehensive report on 
contractual offset arrangements required of United States firms 
for the supply of weapon systems or defense-related items to 
foreign countries or foreign firms. Such report shall include, 
at a minimum, the following:
          (A) An analysis of the amount and type of contractual 
        offsets required of United States firms by the 
        governments of foreign countries or by foreign firms.
          (B) An assessment of the benefits for and costs to 
        United States manufacturers of defense products at all 
        tiers that result from requirements of foreign 
        governments for contractual offset arrangements in the 
        case of products procured from United States firms.
          (C) An assessment of the benefits for and the costs 
        to United States manufacturers of defense products at 
        all tiers that would result from restriction of the 
        ability of foreign governments or foreign firms to 
        require contractual offsets in the case of defense 
        products procured from United States firms.
          (D) An assessment of the benefits and costs of a 
        United States policy that requires reciprocal offsets 
        in the procurement of defense products from those 
        countries whose governments have a policy of requiring 
        contractual offsets in the case of defense products 
        procured from United States firms.
          (E) An assessment of the impact that elimination of 
        contractual offset requirements in international sales 
        of defense products would have on the national security 
        of the United States.
          (F) Recommendations for a national policy with 
        respect to contractual offset arrangements.
          (G) A preliminary discussion of the actions referred 
        to in paragraph (2).
    (2) Not later than March 15, 1990, the President shall 
transmit to Congress a report containing a discussion of 
appropriate actions to be taken by the United States with 
respect to purchases from United States firms by a foreign 
country (or a firm of that country) when that country or firm 
requires an offset arrangement in connection with the purchase 
of defense equipment or supplies in favor of such country. The 
report shall include a discussion of the following possible 
actions:
          (A) A requirement for an offset in favor of the 
        United States or United States firms in any case in 
        which the Department of Defense or any other department 
        or agency of the United States purchases goods from 
        such foreign country or a firm of such country.
          (B) A demand for offset credits from such foreign 
        country to be used, to the extent practicable, to meet 
        offset obligations of United States firms to such 
        foreign country or to a firm of such country.
          (C) A reduction in assistance furnished such foreign 
        country by the United States.
          (D) A requirement for alternative equivalent 
        advantages in the case of any such foreign country or a 
        firm of such country if the United States does not 
        purchase a sufficient volume of goods from such country 
        or firm for a requirement described in subparagraph (A) 
        to be effective.
    (3) The President shall report to Congress at least once 
each year, for a period of 4 years, on the progress of the 
negotiations referred to in subsection (c). The first such 
report shall be submitted not later than one year after the 
date of the enactment of this Act.
    (4) In this subsection, the terms ``United States firm'' 
and ``foreign firm'' have the same meanings as are provided in 
section 2505(d) of title 10, United States Code, as added by 
subsection (b).
          * * * * * * *

            TITLE IX--MATTERS RELATING TO ARMS CONTROL \11\
---------------------------------------------------------------------------

    \11\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec F.
---------------------------------------------------------------------------
          * * * * * * *

      TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

SEC. 1001. INCREASE IN ANNUAL DOLLAR LIMITATION ON ACQUISITION AND 
                    CROSS-SERVICING AGREEMENTS WITH ALLIED COUNTRIES * 
                    * *

          * * * * * * *

SEC. 1002.\12\ AUTHORITY TO WAIVE SURCHARGES ON CERTAIN SALES TO NORTH 
                    ATLANTIC TREATY ORGANIZATION * * *
---------------------------------------------------------------------------

    \12\ Sec. 1002 amended sec. 21(e) of the Arms Export Control Act 
(22 U.S.C. 2761(e)). For text, see Legislation on Foreign Relations 
Through 2005, vol. I-A.
---------------------------------------------------------------------------

SEC. 1003.\13\ AUTHORITY OF MILITARY DEPARTMENTS TO LOAN AND BORROW 
                    FROM CERTAIN ALLIES MATERIALS, SUPPLIES, AND 
                    EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES * * 
                    *
---------------------------------------------------------------------------

    \13\ Sec. 1003 amended chapter 6 of the Arms Export Control Act (22 
U.S.C. 2796c). For text, see Legislation on Foreign Relations Through 
2005, vol. I-A.
---------------------------------------------------------------------------

SEC. 1004.\14\ SENSE OF CONGRESS ON NEED FOR MODERNIZATION OF THEATER 
                    NUCLEAR CAPABILITIES OF NATO

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
          (1) The security of the North Atlantic Treaty 
        Organization (NATO) alliance will continue for the 
        foreseeable future to rely on a modern and credible 
        nuclear deterrent.
          (2) NATO should make every effort to achieve the goal 
        of raising the threshold for the use of nuclear weapons 
        in the event of a conflict in Europe.
          (3) While recognizing that there is a critical need 
        for improvements in conventional forces, Congress also 
        recognizes that the United States will have to devote 
        defense resources in the future to the continuing 
        modernization of the theater nuclear capabilities of 
        NATO.
          (4) The modernization of the theater nuclear 
        capabilities of NATO is a continuing process and stems 
        from the 1983 Montebello decision by NATO to reduce the 
        stockpile of nuclear weapons in Europe while taking 
        steps to ensure that the remaining nuclear weapons of 
        the alliance are responsive, survivable, and effective.
          (5) Programs to modernize theater nuclear forces, 
        which had a high priority for NATO before the 
        ratification of the Intermediate-range Nuclear Forces 
        (INF) Treaty, are at least as important following the 
        ratification of that treaty in May 1988.
          (6) The NATO Nuclear Planning Group recently 
        reaffirmed its endorsement of development by the United 
        States of a new missile for delivery of theater nuclear 
        weapons as a follow-on to the current Lance missile, 
        with a view toward an eventual decision on deployment 
        of such a follow-on missile.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that--
          (1) modernization of the theater nuclear capabilities 
        of the North Atlantic Treaty Organization is essential 
        to the deterrence strategy of the NATO alliance, 
        particularly in light of the requirements of the 
        Intermediate-range Nuclear Forces (INF) Treaty for the 
        destruction of intermediate-range nuclear weapons;
          (2) continued modernization by the United States of 
        theater nuclear capabilities should be undertaken in 
        close consultation with other NATO member nations; and
          (3) the United States should proceed with ongoing 
        activities to meet the identified requirement of the 
        NATO alliance for development of a new missile for 
        delivery of theater nuclear weapons as a follow-on to 
        the Lance missile.

SEC. 1005. REPORT ON NATO DEFENSE PROGRAM FOR FISCAL YEAR 1990

    (a) Report.--The Secretary of Defense shall submit to 
Congress a report setting forth in detail the programs of the 
Department of Defense in support of the North Atlantic Treaty 
Organization (referred to as the ``NATO Defense Program'') for 
fiscal year 1990. The report shall include--
          (1) an identification of each such program by program 
        element; and
          (2) a description of each such program and the level 
        of funding requested by the President for each such 
        program in the budget for fiscal year 1990.
    (b) Submission of Report.--The report under subsection (a) 
shall be submitted in conjunction with the submission to 
Congress of the President's budget for fiscal year 1990 
pursuant to section 1105 of title 31, United States Code.

SEC. 1006.\15\ IMPROVEMENT IN DEFENSE RESEARCH AND PROCUREMENT LIAISON 
                    WITH ISRAEL

    The Secretary of Defense, in consultation with the Under 
Secretary of Defense for Acquisition, shall designate for duty 
in Israel an individual or individuals to serve as the primary 
liaison between the procurement and research and development 
activities of the United States Armed Forces and those of the 
State of Israel.
---------------------------------------------------------------------------
    \15\ 10 U.S.C. 133 note.
---------------------------------------------------------------------------

SEC. 1007.\16\ MODIFICATION OF REQUIREMENT CONCERNING DESIGNATION OF 
                    MAJOR NON-NATO ALLIES * * *
---------------------------------------------------------------------------

    \16\ Sec. 1007 amended sec. 1105(f) of the National Defense 
Authorization Act for Fiscal Year 1987 (22 U.S.C. 2767a). Sec. 1105 was 
repealed in 1989.
---------------------------------------------------------------------------

SEC. 1008. CALL FOR CONTINUED DEFENSE BURDENSHARING DISCUSSIONS WITH 
                    ALLIES

    It is the sense of Congress that the President should 
continue the discussions (called for by Congress in section 
1254(b)(1) of Public Law 100-204) with countries which 
participate in mutual defense alliances with the United States, 
especially the member nations of the North Atlantic Treaty 
Organization and Japan, for the purpose of reaching an 
agreement for a more equitable distribution of the burden of 
financial support for the alliances.

SEC. 1009. CONTRIBUTIONS BY JAPAN TO GLOBAL STABILITY

    (a) Findings.--The Congress makes the following findings:
          (1) As noted by Congress in section 1012(a)(1) of 
        Public Law 100-180 and in section 812(a)(1) of Public 
        Law 99-93,\17\ the alliance of the United States and 
        Japan is the foundation for the security of Japan and 
        peace in the Far East and is a major contributing 
        factor to the democratic freedoms and the economic 
        prosperity enjoyed by both the United States and Japan.
---------------------------------------------------------------------------
    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. D.
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          (2) In keeping with the declaration made at the 1983 
        meeting in Williamsburg, Virginia, of the leaders of 
        the leading industrialized democracies that ``the 
        security of our countries is indivisible and must be 
        approached on a global basis'', the Government of 
        Japan, in actions welcomed by the United States--
                  (A) continues to fulfill the pledge made by 
                the Prime Minister of Japan in May 1981 to 
                develop the capabilities to defend the 
                territory of Japan and the airspace and 
                sealanes around Japan to a distance of 1,000 
                nautical miles by 1990,
                  (B) has increased the amount of assistance 
                provided to other countries during fiscal year 
                1988 by 6.5 percent over the amount of such 
                assistance provided during fiscal year 1987, 
                and
                  (C) is, according to recent reports, actively 
                involved in increasing its contributions to the 
                stability of the Republic of the Philippines.
          (3) Japan could, because of its recent history and 
        economic status, best fulfill a politically acceptable 
        and significant role in maintaining the security of the 
        leading industrialized democracies by increasing 
        spending for its Official Development Assistance 
        program in the manner described by Congress in section 
        1012(b) of Public Law 100-180.
          (4) The failure of the United States and Japan to 
        agree on the appropriate level of the contribution by 
        Japan to maintaining the security of the leading 
        industrialized democracies could weaken the long-term 
        vitality, effectiveness, and cohesion of the alliance 
        between the United States and Japan.
    (b) \18\ Annual Report.--The Secretary of Defense shall 
include with the annual report submitted pursuant to section 
1003 of Public Law 98-525 (22 U.S.C. 1928 note) a report on the 
Official Development Assistance program of the Government of 
Japan. Such report shall be prepared each year in coordination 
with the Secretary of State and the Administrator of the Agency 
for International Development and shall include a description 
of the amount and nature of spending under such program by 
recipient, including distinguishing between grant aid, loans, 
and credits.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------
    (c) Policy on Discussions With Japan.--It is the sense of 
Congress that in the discussions with Japan referred to in 
section 1008 for the purpose of reaching a more equitable 
distribution of the burden of financial support for the 
security of the leading industrialized democracies, the 
objective of such discussions should include the establishment 
of a schedule for increases in spending under Japan's Official 
Development Assistance program and its defense programs so 
that, by 1992, the level of spending on those programs (stated 
as a percentage of gross national product) will approximate the 
average of the levels of spending by the member nations of the 
North Atlantic Treaty Organization on official development 
assistance and defense programs (stated as a percentage of 
their respective gross national products).
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report on the progress of the discussions described in 
subsection (c) with respect to Japan.
    (e) Further Congressional Action.--It is the sense of 
Congress that if, in the judgment of Congress, the report of 
the President under subsection (d) does not reflect substantial 
progress toward a more equitable distribution of the burden of 
maintaining the security of the leading industrialized 
democracies, Congress should review the extent of the 
distribution of the mutual security burden between the United 
States and Japan and should consider whether additional 
legislation is appropriate.
---------------------------------------------------------------------------
    \19\ Sec. 1101 amended sec. 113 of 10 U.S.C. by adding to the end a 
new subsec. (l).
    \20\ Sec. 1202 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1563) inserted a new 
sec. 124 to 10 U.S.C., titled ``Detection and Monitoring of aerial and 
maritime transit of illegal drugs; Department of Defense to be lead 
agency'', and repealed sec. 1102.
---------------------------------------------------------------------------

        TITLE XI--DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT

SEC. 1101.\19\ ANNUAL GUIDELINES TO THE MILITARY DEPARTMENTS * * *

SEC. 1102.\20\ LEAD AGENCY FOR DETECTION * * * [REPEALED--1989]

SEC. 1103.\21\ COMMUNICATIONS NETWORK * * * [REPEALED--1989]

SEC. 1104.\22\ ENHANCED DRUG INTERDICTION AND LAW ENFORCEMENT SUPPORT 
                    BY THE DEPARTMENT OF DEFENSE * * *

          * * * * * * *
---------------------------------------------------------------------------
    \21\ Sec. 1204 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1564) repealed sec. 
1103.
    \22\ Sec. 1104 amended chapter 18 of 10 U.S.C., secs. 371 through 
380.
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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--
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    \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).
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          (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:
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    \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).
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          (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]
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    \25\ Repealed by sec. 502(d) of the FRIENDSHIP Act (Public Law 103-
199; 107 Stat. 2326).
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          * * * * * * *

                 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--
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    \26\ 22 U.S.C. 2151 note.
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          (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.
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    \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)''.
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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]
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    \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.
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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]
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    \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).
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          * * * * * * *
           aa. Department of Defense Appropriations Act, 1989

    Partial text of Public Law 100-463 [H.R. 4781], 102 Stat. 2270, 
  approved October 1, 1988; as amended by Public Law 100-526 [Defense 
   Authorization Amendments and Base Closure and Realignment Act, S. 
 2749], 102 Stat. 2623, approved October 24, 1988; Public Law 100-690 
   [Anti-Drug Abuse Act of 1988, H.R. 5210], 102 Stat 4181, approved 
 November 18, 1988; Public Law 101-189 [National Defense Authorization 
    Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat. 1606, 
   approved November 29, 1989; Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
  408, approved April 30, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
                        approved October 5, 1999

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1989, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1989, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                               TITLE VIII

                           GENERAL PROVISIONS

          * * * * * * *
  Sec. 8125.\1\ (a)(1) Not later than March 1, 1989, the 
Secretary of Defense shall submit to Congress a report on the 
assignment of military missions among the member countries of 
North Atlantic Treaty Organization (NATO) and on the prospects 
for the more effective assignment of such missions among such 
countries.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 113 note.
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  (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]
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    \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.''.
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  (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.
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    \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''.
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  (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.
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    \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).
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  (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.
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    \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.
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    \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\
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    \1\ Should read Public Law 99-661. Sec. 1105 was repealed in 1989.
---------------------------------------------------------------------------

SEC. 208.\2\ ONE-YEAR UNITED STATES MORATORIUM ON TESTING ANTISATELLITE 
                    WEAPONS

    (a) Testing Moratorium.--The Secretary of Defense may not 
carry out a test of the Space Defense System (antisatellite 
weapon) involving the F-15 launched miniature homing vehicle 
against an object in space until the President certifies to 
Congress that the Soviet Union has conducted, after the date of 
the enactment of this Act, a test against an object in space of 
a dedicated antisatellite weapon.
---------------------------------------------------------------------------
    \2\ 10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Expiration.--The prohibition in subsection (a) expires 
on October 1, 1988.

                        Part B--Program Policies

          * * * * * * *

SEC. 220. SENSE OF CONGRESS ON STRATEGIC MISSILE MODERNIZATION PROGRAMS

    (a) Findings.--The Congress makes the following findings:
          (1) It is essential that the nation's defense 
        priorities be carefully analyzed so as to properly fund 
        the Armed Forces.
          (2) The capabilities of the conventional forces of 
        the United States and its allies will become more 
        important if an agreement with respect to intermediate-
        range nuclear forces (INF) is concluded between the 
        United States and the Soviet Union.
          (3) It is both desirable and possible to reduce the 
        reliance of the North Atlantic Treaty Organization on 
        nuclear weapons for the defense of all members of the 
        alliance if the member nations of the alliance assert 
        the political will to reduce such reliance and 
        establish sound defense priorities.
          (4) The United States is currently procuring and 
        deploying one land-based intercontinental ballistic 
        missile system (the MX system) at significant cost 
        while developing another such system (the so-called 
        Midgetman system) at significant additional cost.
          (5) Efforts to reduce the Federal budget deficit, 
        which are imperative for the economic well being of the 
        United States, will continue for the foreseeable future 
        to require limits on all discretionary Federal 
        spending, including defense spending.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that the 
authorization of funds in this Act for research and development 
for both the new small mobile intercontinental ballistic 
missile (commonly known as the ``Midgetman'' missile) and the 
proposed rail-mobile basing mode for the MX missile does not 
constitute a commitment or express an intent by Congress to 
provide funds to procure and deploy the Midgetman missile or to 
deploy any MX missiles in a rail-mobile basing mode or both.

                  Part C--Strategic Defense Initiative

    Subpart 1--SDI Funding and Program Limitations and Requirements

SEC. 221. FISCAL YEAR 1988 FUNDING LEVEL FOR THE STRATEGIC DEFENSE 
                    INITIATIVE

    (a) Amount Authorized.--Of the amounts appropriated 
pursuant to section 201 or otherwise made available to the 
Department of Defense for research, development, test, and 
evaluation for fiscal year 1988, not more than $3,621,000,000 
may be obligated for the Strategic Defense Initiative.
    (b) Specified Activities.--Of the funds available for the 
Strategic Defense Initiative program under subsection (a)--
          (1) $27,000,000 shall be available only for a 
        classified laser program;
          (2) $15,000,000 shall be available only for medical 
        applications of the free electron laser program for 
        medical research and material; and
          (3) $17,000,000 is available for defense-wide mission 
        support for the Strategic Defense Initiative.
    (c) Defense-Wide Mission Support.--Of the amount 
appropriated for Defense Agencies for fiscal year 1987, 
$16,000,000 may be used for defense-wide mission support for 
the Strategic Defense Initiative.

SEC. 222.\3\ PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES

    (a) SDI Contracts With Foreign Entities.--Funds 
appropriated to or for the use of the Department of Defense may 
not be used for the purpose of entering into or carrying out 
any contract with a foreign government or a foreign firm if the 
contract provides for the conduct of research, development, 
test, or evaluation in connection with the Strategic Defense 
Initiative program.
---------------------------------------------------------------------------
    \3\ 10 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) Temporary Suspension of Prohibition Upon Certification 
of the Secretary of Defense.--The prohibition in subsection (a) 
shall not apply to a contract in any fiscal year if the 
Secretary of Defense certifies to Congress in writing at any 
time during such fiscal year that the research, development, 
testing, or evaluation to be performed under such contract 
cannot be competently performed by a United States firm at a 
price equal to or less than the price at which the research, 
development, testing, or evaluation would be performed by a 
foreign firm.
    (c) Exceptions for Certain Contracts.--The prohibition in 
subsection (a) shall not apply to a contract awarded to a 
foreign government or foreign firm if--
          (1) the contract is to be performed within the United 
        States;
          (2) the contract is exclusively for research, 
        development, test, or evaluation in connection with 
        antitactical ballistic missile systems; or
          (3) that foreign government or foreign firm agrees to 
        share a substantial portion of the total contract cost.
    (d) Definitions.--In this section:
          (1) The term ``foreign firm'' means a business entity 
        owned or controlled by one or more foreign nationals or 
        a business entity in which more than 50 percent of the 
        stock is owned or controlled by one or more foreign 
        nationals.
          (2) The term ``United States firm'' means a business 
        entity other than a foreign firm.
    (e) Transition.--The prohibition in subsection (a) shall 
not apply to a contract entered into before the date of the 
enactment of this Act.

SEC. 223.\3\,\4\ LIMITATION ON TRANSFER OF CERTAIN MILITARY 
                    TECHNOLOGY TO INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    Military technology developed with funds appropriated or 
otherwise made available for the Ballistic Missile Defense 
Program may not be transferred (or made available for transfer) 
to Russia or any other independent state of the former Soviet 
Union by the United States (or with the consent of the United 
States) unless the President determines, and certifies to the 
Congress at least 15 days prior to any such transfer, that such 
transfer is in the national interest of the United States and 
is to be made for the purpose of maintaining peace.
---------------------------------------------------------------------------
    \4\ Sec. 203(a)(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2321) amended and restated sec. 223. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 223. limitation on transfer of sdi technology to soviet union
---------------------------------------------------------------------------

    ``Military technology developed with funds appropriated or 
otherwise made available for the Strategic Defense Initiative may not 
be transferred, or made available for transfer, to the Soviet Union by 
the United States (or with the consent of the United States) unless--
---------------------------------------------------------------------------

  ``(1) the President determines, and certifies to Congress, that the 
transfer is in the national interest of the United States and is to be made 
for the purpose of maintaining peace; and

  ``(2) Congress approves that determination by a joint resolution.''.

SEC. 224.\3\ SDI ARCHITECTURE TO REQUIRE HUMAN DECISION MAKING

    No agency of the Federal Government may plan for, fund, or 
otherwise support the development of command and control 
systems for strategic defense in the boost or post-boost phase 
against ballistic missile threats that would permit such 
strategic defenses to initiate the directing of damaging or 
lethal fire except by affirmative human decision at an 
appropriate level of authority.

SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR 
                    COMPONENTS

    (a) Use of Funds.--(1) Funds appropriated to the Department 
of Defense for fiscal year 1988, or otherwise made available to 
the Department of Defense from any funds appropriated for 
fiscal year 1988 or for any fiscal year before fiscal year 
1988, shall be subject to the limitations prescribed in 
paragraph (2).
    (2) The funds described in paragraph (1) may not be 
obligated or expended--
          (A) for any development or testing of anti-ballistic 
        missile systems or components except for development 
        and testing consistent with the development and testing 
        described in the April 1987 SDIO Report; or
          (B) for the acquisition of any material or equipment 
        (including any long lead materials, components, piece 
        parts, test equipment, or any modified space launch 
        vehicle) required or to be used for the development or 
        testing of anti-ballistic missile systems or 
        components, except for material or equipment required 
        for development or testing consistent with the 
        development and testing described in the April 1987 
        SDIO Report.
    (3) The limitation under paragraph (2) shall not apply to 
funds transferred to or for the use of the Strategic Defense 
Initiative for fiscal year 1988 if the transfer is made in 
accordance with section 1201 of this Act and any comparable 
provision in legislation appropriating funds for military 
functions of the Department of Defense for fiscal year 1988.
    (b) Definition.--As used in this section, the term ``April 
1987 SDIO Report'' means the report entitled ``Report to 
Congress on the Strategic Defense Initiative'', dated April 
1987, prepared by the Strategic Defense Initiative Organization 
and submitted to certain committees of the Senate and House of 
Representatives pursuant to section 1102 of the Department of 
Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C. 
2431 note).
---------------------------------------------------------------------------
    \5\ Sec. 253(3) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 226, 
which had prohibited the Secretary of Defense from deploying any anti-
ballistic missile system unless such deployment was specifically 
authorized by law.
---------------------------------------------------------------------------

SEC. 226.\5\ * * * [REPEALED--1996]

SEC. 227.\3\ ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH AND 
                    DEVELOPMENT CENTER TO SUPPORT THE STRATEGIC DEFENSE 
                    INITIATIVE PROGRAM

    (a) Findings.--The Congress makes the following findings:
          (1) The Department of Defense requires technical 
        support for issues of system integration related to the 
        Strategic Defense Initiative program.
          (2) The Strategic Defense Initiative Organization, 
        after assessing alternative types of organizations for 
        the provision of such technical support to the 
        Strategic Defense Initiative program (including 
        Government organizations, profit and nonprofit entities 
        (including existing federally funded research and 
        development centers), a new division within an existing 
        federally funded research and development center, a new 
        federally funded research and development center, 
        colleges and universities, and private nonprofit 
        laboratories), determined that a new federally funded 
        research and development center (hereinafter in this 
        section referred to as an ``FFRDC'') would be the type 
        of organization most appropriate for the provision of 
        such technical support to the Strategic Defense 
        Initiative program.
          (3) In providing such technical support to the SDI 
        program, the new FFRDC should provide critical 
        evaluation and rigorous and objective analysis of 
        technologies, systems, and architectures that are 
        candidates for use in the SDI program.
          (4) Competitive selection of a contractor to 
        establish and operate such an FFRDC to support the 
        Strategic Defense Initiative program is one way to 
        enhance the prospects for independent and objective 
        evaluation of system integration issues within the 
        Strategic Defense Initiative program.
    (b) Authority To Contract for FFRDC.--The Secretary of 
Defense, using funds appropriated to the Department of Defense 
for the Strategic Defense Initiative program, may enter into a 
contract to provide for the establishment and operation of a 
federally funded research and development center to provide 
independent and objective technical support to the Strategic 
Defense Initiative program. Such a contract may not be awarded 
before October 1, 1989.
    (c) Contract Award Requirements.--(1) A contract under 
subsection (b) shall be awarded using competitive procedures 
which emphasize cost considerations.
    (2) The Secretary of Defense shall solicit proposals for 
such contract from existing federally funded research and 
development centers, from universities, from commercial 
entities, and from appropriate new organizations and shall make 
maximum efforts to obtain more than one proposal for such 
contract.
    (3) The Secretary shall submit the three best contract 
proposals (as determined by the Secretary), together with a 
copy of the proposed sponsoring agreement for the new FFRDC, 
for review by three persons designated by the Defense Science 
Board from a list of six or more persons submitted by the 
National Academy of Sciences. The persons performing the 
review--
          (A) shall evaluate the extent to which each proposal 
        and the proposed sponsoring agreement would foster 
        competent and objective technical advice for the 
        Strategic Defense Initiative Program; and
          (B) shall report their evaluation of each such 
        proposal and of the proposed sponsoring agreement to 
        the Secretary.
    (4) Before awarding a contract under subsection (b), and 
not sooner than March 30, 1989, the Secretary shall submit to 
Congress--
          (A) a copy of the proposed final contract; and
          (B) a copy of the proposed final sponsoring agreement 
        relating to the operation of the new FFRDC.
    (5)(A) The Secretary shall then withhold the award of such 
contract and the approval of such sponsoring agreement for a 
period of at least 30 days of continuous session of Congress 
beginning on the day after the date on which Congress receives 
the copies referred to in paragraph (4).
    (B) For purposes of subparagraph (A), the continuity of a 
session of Congress is broken only by an adjournment sine die 
at the end of the second regular session of that Congress. In 
computing the 30-day period for such purposes, days on which 
either House of Congress is not in session because of an 
adjournment of more than three days to a day certain shall be 
excluded.
    (d) Requirements Applicable to FFRDC.--The Secretary of 
Defense shall--
          (1) require that the contract referred to in 
        subsection (b) include a provision stating that no 
        officer or employee of the Department of Defense shall 
        have the authority to veto the employment of any person 
        selected to serve as an officer or employee of the new 
        FFRDC;
          (2) require that at least 5 percent of the total 
        amount of funds available for the new FFRDC shall be 
        set aside for independent research to be performed by 
        the staff of the new FFRDC under the direction of the 
        chief executive officer of the new FFRDC;
          (3) impose a limitation on the compensation payable 
        to each senior executive of the new FFRDC for services 
        performed for the new FFRDC so that such compensation 
        shall be comparable to the amount of compensation 
        payable to senior executives of comparable federally 
        funded research and development centers for similar 
        services;
          (4) require that the new FFRDC publicly disclose the 
        salary of its chief executive officer;
          (5) prohibit current or former members of the 
        Strategic Defense Initiative Advisory Committee from 
        serving as members of the Board of Trustees of the 
        FFRDC if such members constitute 10 or more percent of 
        the Board of Trustees or from serving as officers of 
        the new FFRDC;
          (6) require that the contract referred to in 
        subsection (b) include a provision prohibiting members 
        of such Board of Trustees from serving as officers of 
        the new FFRDC, except that a Board member may serve as 
        the President of the new FFRDC if the Board is 
        comprised of 10 or more members;
          (7) require that the contract referred to in 
        subsection (b) include a provision prohibiting the new 
        FFRDC from employing any person who, as a Federal 
        employee or member of the Armed Forces, served in the 
        Strategic Defense Initiative Organization within two 
        years before the date on which such person is to be 
        employed by the new FFRDC; and
          (8) require that any contract referred to in 
        subsection (b) require that the Board of Trustees of 
        the new FFRDC be comprised of individuals who represent 
        a reasonable cross-section of views on the engineering 
        and scientific issues associated with the Strategic 
        Defense Initiative Program.
    (e) Funding.--The Secretary of Defense shall provide that 
all funds for the new FFRDC within the Department of Defense 
budget for any fiscal year shall be separately identified and 
set forth in the budget presentation materials submitted to 
Congress for that fiscal year.
    (f) Sunset Provision.--No Federal funds may be provided to 
the new FFRDC after the end of the five-year period beginning 
on the date of the award of the first contract awarded to the 
FFRDC under this section.

                     Subpart 2--Report Requirements

SEC. 231.\3\ ANNUAL REPORT ON SDI PROGRAMS

    (a) In General.--Not later than March 15, 1988, and March 
15, 1989, the Secretary of Defense shall transmit to Congress a 
report (in both an unclassified and a classified form) on the 
programs that constitute the Strategic Defense Initiative and 
on any other program relating to defense against ballistic 
missiles. Each such report shall include the following:
          (1) A detailed description of each program or project 
        included in the Strategic Defense Initiative (SDI) or 
        which otherwise relates to defense against strategic 
        ballistic missiles, including a technical evaluation of 
        each such program or project and an assessment as to 
        when each can be brought to the stage of full-scale 
        engineering development (assuming funding as requested 
        or programmed).
          (2) A clear definition of the objectives of each 
        phase of the Strategic Defense Initiative Organization 
        plan approved by the Defense Acquisition Board.
          (3) An explanation of the relationship between each 
        such objective and each program and project associated 
        with the Strategic Defense Initiative or defense 
        against strategic ballistic missiles.
          (4) The status of consultations with other member 
        nations of the North Atlantic Treaty Organization, 
        Japan, and other appropriate allies concerning research 
        being conducted in the Strategic Defense Initiative 
        program.
          (5) A statement of the compliance of the planned SDI 
        development and testing programs with existing arms 
        control agreements, including the Antiballistic Missile 
        Treaty.
          (6) A review of possible countermeasures of the 
        Soviet Union to specific SDI programs, an estimate of 
        the time and cost required for the Soviet Union to 
        develop each such countermeasure, and an evaluation of 
        the adequacy of the SDI programs described in the 
        report to respond to such countermeasures.
          (7) Details regarding funding of programs and 
        projects for the Strategic Defense Initiative, 
        including--
                  (A) the level of funding provided for the 
                current fiscal year and for previous fiscal 
                years for each program and project in the 
                Strategic Defense Initiative budgetary 
                presentation materials provided to Congress;
                  (B) the amount requested to be appropriated 
                for each such program and project for the next 
                fiscal year;
                  (C) the amount programmed to be requested for 
                each such program and project for the following 
                fiscal year; and
                  (D) the amount required to reach the next 
                significant milestone for each demonstration 
                program and each major technology program.
          (8) Details on what Strategic Defense Initiative 
        technologies can be developed or deployed within the 
        next 5 to 10 years to defend against significant 
        military threats and help accomplish critical military 
        missions. The missions to be considered include--
                  (A) defending elements of the Armed Forces 
                abroad and United States allies against 
                tactical ballistic missiles, particularly new 
                and highly accurate Soviet shorter range 
                ballistic missiles armed with conventional, 
                chemical, or nuclear warheads;
                  (B) defending against an accidental launch of 
                strategic ballistic missiles against the United 
                States;
                  (C) defending against a limited but 
                militarily effective Soviet attack aimed at 
                disrupting the National Command Authority or 
                other valuable military assets;
                  (D) providing sufficient warning and tracking 
                information to defend or effectively evade 
                possible Soviet attacks against military 
                satellites, including those in high orbits;
                  (E) providing early warning and attack 
                assessment information and the necessary 
                survivable command, control, and communications 
                to facilitate the use of United States military 
                forces in defense against possible Soviet 
                conventional or strategic attacks;
                  (F) providing protection of United States 
                population from a Soviet nuclear attack; and
                  (G) any other significant near-term military 
                mission that the application of SDI 
                technologies might help to accomplish.
          (9) For each of the near-term military missions 
        listed in paragraph (8), the report shall include--
                  (A) a list of specific program elements of 
                the Strategic Defense Initiative that are 
                pertinent to these applications;
                  (B) the Secretary's estimate of the initial 
                operating capability dates for the 
                architectures or systems to accomplish such 
                missions;
                  (C) the Secretary's estimate of the level of 
                funding necessary for each program to reach 
                those operating capability dates; and
                  (D) the Secretary's estimate of the 
                survivability and cost effectiveness at the 
                margin of such architectures or systems against 
                current and projected Soviet threats.
          * * * * * * *

SEC. 232. REPORT ON SDI DEVELOPMENT PLANS AND COSTS

    (a) Report Requirement.--The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives \6\ a report on the total cost to 
develop, produce, deploy, operate, and maintain the ballistic 
missile defense system that would incorporate the technologies 
approved by the Secretary of Defense in authorizing proceeding 
into the demonstration/validation phase of the acquisition 
process. Should this system not be sufficiently defined, the 
system described in the 1987 report entitled ``Report of the 
Technical Panel on Missile Defense in the 1990s'', prepared by 
the George C. Marshall Institute, should be used as a basis for 
determining cost.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
    (b) Deadline for Report; Classification.--The report under 
subsection (a) shall be submitted no later than six months 
after the date of the enactment of this Act and shall be 
submitted in unclassified form.

SEC. 233. REPORT ON HOW ABSENCE OF THE ABM TREATY WOULD AFFECT 
                    STRATEGIC OFFENSIVE AND DEFENSIVE PROGRAMS

    (a) Report on No ABM Treaty Limitations.--The Secretary of 
Defense shall submit to Congress a report concerning what the 
effect would be on strategic offensive and defensive programs 
of the United States if there were no limitations on strategic 
defensive systems in force under the 1972 ABM Treaty.
    (b) Matters To Be Included.--The report shall include the 
following:
          (1) An analysis of the ramifications of there being 
        no limitation in force under the 1972 ABM Treaty on 
        development under the Strategic Defense Initiative 
        (SDI) program of strategic defenses, including 
        comprehensive strategic defense systems and more 
        limited defenses designed to protect vital military and 
        command and control assets of the United States.
          (2) A comparison (based on the analysis made under 
        paragraph (1)) of the research and development programs 
        that could be pursued under the SDI program under the 
        limitations applicable under the restrictive 
        interpretation of the 1972 ABM Treaty, under the less 
        restrictive interpretation of such treaty, and under a 
        case in which there were no such limitations, including 
        a comparative analysis of--
                  (A) the overall cost of such research and 
                development programs;
                  (B) the schedule of such research and 
                development programs; and
                  (C) the level of confidence attained in such 
                research and development programs with respect 
                to supporting a decision to commence full-scale 
                engineering development under such programs in 
                the early-to-mid 1990s.
          (3) A list of options for the SDI program, assuming 
        that there are no limitations in force under the 1972 
        ABM Treaty, that meet one or more of the following 
        objectives:
                  (A) Reduction of overall development cost.
                  (B) Advancement of the schedule for making a 
                decision to commence full-scale engineering 
                development.
                  (C) Increase in the level of confidence in 
                the results of the research by the original 
                scheduled date for the commencement of full-
                scale development.
          (4) An analysis of how rapidly, in the absence of 
        limitations under the 1972 ABM Treaty, the Soviet Union 
        could deploy a nationwide anti-ballistic missile 
        defense of military and nonmilitary targets and the 
        consequences of such a deployment. The analysis should 
        include an assessment of the following:
                  (A) The effect of such deployment on the 
                confidence of the United States that, should 
                deterrence that depends increasingly on 
                defensive forces fail, the planned strategic 
                nuclear forces of the United States would be 
                sufficient to hold assets that the leaders of 
                the Soviet Union value at risk following a 
                first strike by the Soviet Union against the 
                United States.
                  (B) The changes that must be made to the 
                strategic offensive forces of the United States 
                to hold assets that the leaders of the Soviet 
                Union value at risk in the presence of 
                strategic defenses. The analysis should include 
                both the cost of those changes and the time 
                period scale over which they could be 
                accomplished.
                  (C) The consistency of the required changes 
                to United States strategic offensive forces of 
                the United States described under subparagraph 
                (B) with the current United States negotiating 
                position in the Strategic Arms Reduction 
                (START) negotiations.
                  (D) The degree to which crisis stability 
                would be affected during the transition period 
                between the appearance of nationwide anti-
                ballistic missile defenses by both the United 
                States and the Soviet Union and the completion 
                of the changes that the United States would 
                make to its strategic offensive forces in 
                response to such defenses by the Soviet Union.
          (5) An analysis of the effect on deterrence of 
        nuclear conflict if both the United States and Soviet 
        Union deploy strategic defenses of comparable 
        capability, considering both less capable and highly 
        capable strategic defenses, as well as appropriate 
        transition issues (including the effect on deterrence 
        of the potential vulnerability of strategic defenses).
    (c) Deadline for Report.--The report under subsection (a) 
shall be submitted not later than March 1, 1988.
    (d) Report Classification.--The report under subsection (a) 
shall be submitted in both classified and unclassified 
versions.
    (e) 1972 ABM Treaty Defined.--In this section, the term 
``1972 ABM Treaty'' means the Treaty Between the United States 
of America and the Union of Soviet Socialist Republics on the 
Limitation of Anti-Ballistic Missiles, signed at Moscow on May 
26, 1972.

SEC. 234. REPORT ON ALLOCATION OF FY88 FUNDING

    (a) In General.--The Secretary of Defense shall submit to 
the Committees on Armed Services and on Appropriations of the 
Senate and the House of Representatives \7\ a report on the 
allocation of funds appropriated for the Strategic Defense 
Initiative for fiscal year 1988. The report shall set out the 
amount of such funds allocated for each program, project, or 
activity of the Strategic Defense Initiative within each 
appropriation account.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
    (b) Deadline for Report.--The report required by subsection 
(a) shall be submitted not later than 90 days after the date of 
the enactment of legislation appropriating funds for the 
Strategic Defense Initiative for fiscal year 1988.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

               Part C--Humanitarian and Other Assistance

SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

    (a) Authorization of Funds.--There is authorized to be 
appropriated to the Department of Defense for fiscal year 1988 
the sum of $13,000,000 for the purpose of providing 
transportation for humanitarian relief for persons displaced or 
who are refugees because of the invasion of Afghanistan by the 
Soviet Union. Of this sum, not more than $3,000,000 is 
authorized to be used for distribution of humanitarian relief 
supplies to the non-Communist resistance organizations at or 
near the border between Thailand and Cambodia.
    (b) Authority to Transfer Funds.--The Secretary of Defense 
is authorized to transfer to the Secretary of State not more 
than $3,000,000 of the funds appropriated pursuant to the 
authorization in this section to provide for (1) paying for 
administrative costs of providing the transportation described 
in subsection (a), and (2) the purchase or other acquisition of 
transportation assets for the distribution of relief supplies 
in the country of destination.
    (c) Transportation Under Direction of the Secretary of 
State.--Transportation provided with funds appropriated 
pursuant to the authorization in this section shall be under 
the direction of the Secretary of State.
    (d) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to the authorization in this section shall be by the most 
economical commercial or military means available, unless the 
Secretary of State determines that it is in the national 
interest of the United States to use means other than the most 
economical available. Such means may include the use of 
aircraft and personnel of the reserve components of the Armed 
Forces.
    (e) Availability of Funds.--Amounts appropriated pursuant 
to the authorization in subsection (a) shall remain available 
until expended, to the extent provided in appropriations Acts.
    (f) Reports.--The Secretary of Defense shall submit to the 
Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs 
of the House of Representatives \8\ two reports, one of which 
shall be submitted not later than 60 days after the date of the 
enactment of this Act and the other not later than June 1, 
1988. Each such report shall contain (as of the date on which 
the report is submitted) the following information:
---------------------------------------------------------------------------
    \8\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations. 
The Committee on National Security subsequently returned to the name 
``Committee on Armed Services''; see sec. 1067 of Public Law 106-65 
(113 Stat. 774).
---------------------------------------------------------------------------
          (1) The total amount of funds obligated for 
        humanitarian relief under this section and section 331 
        of the National Defense Authorization Act for Fiscal 
        Year 1987 (Public Law 99-661; 100 Stat. 3856).
          (2) The number of scheduled and completed flights for 
        purposes of providing humanitarian relief under this 
        section and section 331 of such Act.
          (3) A description of any transfer (including to whom 
        the transfer is made) of excess nonlethal supplies of 
        the Department of Defense made available for 
        humanitarian relief purposes under section 2547 of 
        title 10, United States Code.

SEC. 332.\9\ * * *
---------------------------------------------------------------------------

    \9\ Sec. 332 added a new sec. 402 to 10 U.S.C., and made other 
technical changes to sec. 401.
---------------------------------------------------------------------------
          * * * * * * *

            TITLE IX--MATTERS RELATING TO ARMS CONTROL \10\
---------------------------------------------------------------------------

    \10\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

      TITLE X--MATTERS RELATING TO NATO COUNTRIES AND OTHER ALLIES

                        Part A--NATO Deterrence

SEC. 1001. REPORT ON REQUIREMENTS FOR MAINTAINING NATO'S STRATEGY OF 
                    DETERRENCE

    (a) Requirement.--The Secretary of Defense shall submit to 
Congress a report regarding the ability of the North Atlantic 
Treaty Organization (NATO) to maintain its strategy of 
deterrence through the 1990s. The report shall include a 
specific discussion of the implications for such deterrence if 
the United States and the Soviet Union agree to a treaty which 
requires the elimination of all intermediate-range nuclear 
force (INF) missiles having a range between 500 and 5,500 
kilometers. The report shall be prepared in consultation with 
the Supreme Allied Commander, Europe, and the Chairman of the 
Joint Chiefs of Staff.
    (b) Form and Content of Report.--The Secretary shall submit 
the report required by subsection (a) in both classified and 
unclassified forms and shall include in the report the 
following:
          (1) A discussion of the effect that the elimination 
        under an INF treaty of intermediate range missiles 
        deployed by the United States and the Soviet Union 
        would likely have on the ability of NATO to maintain an 
        effective flexible response strategy and credible 
        deterrence.
          (2) The appropriate numbers and types of nuclear 
        weapons and nuclear-capable delivery systems of the 
        United States not limited by the proposed INF treaty 
        which the Secretary of Defense recommends for 
        deployment in or redeployment to the European theater 
        if an INF treaty is ratified and enters into force, 
        including a description of any nuclear modernization 
        program the Secretary has recommended or proposes to 
        recommend as necessary to ensure that NATO will be able 
        to maintain a credible and effective military strategy.
          (3) A discussion of the balance between the 
        nonnuclear forces of NATO and the Warsaw Pact in the 
        European theater, the likelihood of NATO making 
        significant improvements in that balance over the next 
        few years, the potential effect of conventional force 
        balance alternatives currently under consideration by 
        the United States Government, and the likelihood and 
        potential effect of a new agreement between NATO and 
        the Warsaw Pact limiting nonnuclear forces on that 
        balance.
          (4) A discussion of the feasibility and cost 
        effectiveness of substituting advanced conventional 
        munitions for nuclear weapons currently deployed by 
        NATO, including a discussion of the costs of such 
        weapons and prospects for sharing such costs among NATO 
        allies.
          (5) A description of nonnuclear forces that would be 
        needed to support the operational concept of Follow-on 
        Forces Attack (FOFA).
          (6) The status of improvements being made in the air 
        defenses of NATO in Europe.
          (7) A discussion of the views of the leaders of 
        member nations of NATO (other than the United States) 
        and of the Supreme Allied Commander, Europe (SACEUR), 
        on the matters described in paragraphs (1) through (5).
    (c) Deadline of Report.--The report required by subsection 
(a) shall be submitted not later than the earlier of--
          (1) 90 days after the date of the enactment of this 
        Act; or
          (2) the date on which the President submits to the 
        Senate for its advice and consent a treaty described in 
        subsection (a).   

SEC. 1002. SENSE OF CONGRESS ON LEVEL OF UNITED STATES FORCES 
                    PERMANENTLY STATIONED IN EUROPE IN SUPPORT OF NATO

    (a) Findings.--The Congress makes the following findings 
with respect to the level of United States military forces 
permanently stationed in Europe:
          (1) The agreement in principle between the United 
        States and the Soviet Union to eliminate all 
        intermediate-range nuclear missiles has important 
        implications for the defense posture of the North 
        Atlantic Treaty Organization alliance.
          (2) The presence of United States forces in Europe 
        constitutes the most visible and meaningful evidence of 
        the continuing strong commitment of the United States 
        to the integrity of the alliance.
          (3) NATO Defense Ministers stated in May 1987 that 
        the ``continued presence of United States forces at 
        existing levels in Europe plays an irreplaceable role 
        in the defense of North America as well as Europe''.
    (b) Sense of Congress.--(1) In light of the findings in 
subsection (a), it is the sense of Congress that--
          (A) the stationing in Europe of United States 
        military forces in support of NATO at the level of 
        military personnel permanently stationed in Europe in 
        support of NATO on the date of the enactment of this 
        Act plays an indispensable role for peace and 
        deterrence; and
          (B) the commitment of United States forces should be 
        continued at that level (assuming all existing basing 
        agreements remain in effect).
    (2) It is further the sense of Congress that it would not 
be inconsistent with the sense of Congress expressed in 
paragraph (1) if the actual number of United States military 
personnel permanently stationed in Europe in support of NATO at 
any time falls below the level of such personnel on the date of 
the enactment of this Act because of administrative 
fluctuations or if such level is reduced following a 
determination by the President that national security 
considerations require such a reduction.

SEC. 1003. STUDY OF FUTURE OF NATO

    The Secretary of Defense shall contribute, from funds 
appropriated for fiscal year 1988 for operation and maintenance 
of Defense Agencies, the amount of $50,000 to the North 
Atlantic Assembly for a study on the future of the North 
Atlantic Treaty Organization.

                         Part B--Burden Sharing

SEC. 1011. STUDY OF DEFENSE EXPENDITURES IN JAPAN

    (a) In General.--The Secretary of Defense shall conduct a 
study of the ways in which the United States may further its 
national security interests in the Far East.
    (b) Report.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report 
on such study. The report shall contain--
          (1) the plans of the Department of Defense in the 
        current five-year defense plan for defense expenditures 
        for each fiscal year covered by the plan to be made in 
        support of United States security interests in the Far 
        East and, of such planned expenditures in each such 
        fiscal year, how much is attributable to projected 
        increases in defense outlays for that fiscal year;
          (2) the projections for national defense expenditures 
        by Japan for each such fiscal year;
          (3) the projections for national defense expenditures 
        by the United States directly in support of United 
        States forces, facilities, and equipment stationed or 
        located in Japan for each such fiscal year; and
          (4) the projections for national defense expenditures 
        by Japan directly in support of United States forces 
        stationed in Japan for each such fiscal year.

SEC. 1012. SENSE OF CONGRESS REGARDING JAPAN'S CONTRIBUTIONS TO GLOBAL 
                    STABILITY

    (a) Findings.--The Congress makes the following findings:
          (1) The alliance of the United States and Japan is 
        the foundation for the security of Japan and peace in 
        the Far East and is a major contributing factor to the 
        democratic freedoms and economic prosperity enjoyed by 
        both the United States and Japan.
          (2) Threats to the security of both the United States 
        and Japan have increased significantly since 1976, 
        principally as the result of--
                  (A) the occupation of Afghanistan by the 
                Soviet Union;
                  (B) the continued expansion and buildup of 
                military forces of the Soviet Union 
                (particularly the expansionist efforts by the 
                Soviet Union in the South Pacific and the 
                buildup of the Soviet Pacific fleet);
                  (C) the occupation of Cambodia by Vietnam; 
                and
                  (D) instability in the Persian Gulf region 
                (from which Japan receives 60 percent of its 
                petroleum and one-third of its total energy 
                requirements).
          (3) In keeping with the declaration made at the 1983 
        meeting in Williamsburg, Virginia, of the leaders of 
        the leading industrialized democracies that ``the 
        security of our countries is indivisible and must be 
        approached on a global basis'', the government of 
        Japan--
                  (A) has raised its defense spending by an 
                average of 5 percent per year since 1981;
                  (B) has rescinded a limit on annual 
                expenditures for defense of 1 percent of the 
                gross national product of Japan; and
                  (C) is fulfilling the pledge of Prime 
                Minister Suzuki to defend the territory, 
                airspace, and sea lanes of Japan to a distance 
                of 1,000 miles by 1990.
          (4) While recognizing and applauding the actions by 
        the government of Japan referred to in paragraph (3), 
        Congress notes that Japan has the second largest gross 
        national product in the world, is a major creditor 
        nation, and has a large private savings rate, but 
        nevertheless lags far behind other industrialized 
        democracies in terms of the percentage of its gross 
        national product that it spends for national defense 
        and programs to promote global security and stability.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States would welcome an initiative by Japan to 
assume a politically acceptable and significant global security 
role consistent with its economic status by taking the 
following actions:
          (1) Increasing spending for its Official Development 
        Assistance program and its defense programs so that, by 
        1992, the level of spending by Japan on those programs 
        (stated as a percentage of gross national product) will 
        approximate the average of the levels of spending by 
        the member nations of the North Atlantic Treaty 
        Organization on official development assistance and 
        defense programs (stated as a percentage of their 
        respective gross national products).
          (2) Devoting increased spending for its Official 
        Development Assistance program primarily to the 
        Republic of the Philippines and regions of importance 
        to global stability outside of East Asia, particularly 
        Oceania, Latin America, and the Caribbean and 
        Mediterranean nations.
          (3) Devoting any increase in spending for that 
        program primarily to concessional, untied grants and 
        increasing the portion of total expenditures made for 
        that program for those multilateral financial 
        institutions of which Japan is a member.
          (4) Designating those nations that are to be 
        recipients of increased development assistance as 
        described in paragraphs (1) through (3) through 
        consultation with its security partners.
          (5) Completing its five-year defense program for 
        fiscal years 1986 through 1990 and, at the earliest 
        possible date after the completion of that program, 
        further enhancing the fulfillment of the pledge of 
        Prime Minister Suzuki referred to in subsection (a)(3).

                      Part C--Procurement Matters

SEC. 1021.\11\ OVERSEAS WORKLOAD PROGRAM

    (a) In General.--A firm of any member nation of the North 
Atlantic Treaty Organization (NATO) or of any major non-NATO 
ally shall be eligible to bid on any contract for the 
maintenance, repair, or overhaul of equipment of the Department 
of Defense to be awarded under competitive procedures as part 
of the program of the Department of Defense known as the 
Overseas Workload Program.
---------------------------------------------------------------------------
    \11\ 10 U.S.C. 2341 note.
---------------------------------------------------------------------------
    (b) Site for Performance of Work.--A contract awarded 
during fiscal year 1988 or 1989 to a firm described in 
subsection (a) may be performed in the theater in which the 
equipment is normally located or in the country in which the 
firm is located.
    (c) Exceptions.--The Secretary of a military department may 
restrict the geographic region in which a contract referred to 
in subsection (a) may be performed if the Secretary determines 
that performance of the contract outside that specific region--
          (1) could adversely affect the military preparedness 
        of the Armed Forces of the United States; or
          (2) would violate the terms of an international 
        agreement to which the United States is a party.
    (d) Report Requirement.--(1) Not later than December 1, 
1988, the Secretary of Defense shall submit to Congress a 
report on the nature of the maintenance, repair, and overhaul 
work of the Department of Defense performed under the program 
of the Department of Defense known as the Overseas Workload 
Program.
    (2) The report shall include the following:
          (A) A description of the categories of work performed 
        under that program and the costs associated with those 
        categories of work.
          (B) A description of the capabilities of facilities 
        that United States firms have established in Europe to 
        perform work under that program.
          (C) A description of the capabilities to perform work 
        under that program by firms in the United States, 
        Canada, and countries that are major non-NATO allies of 
        the United States.
          (D) A description of the maintenance, repair, and 
        overhaul work under that program that could be 
        performed in the United States or Canada, or in a 
        country that is a major non-NATO ally, on a cost-
        effective basis and without a significant adverse 
        effect on the readiness of the Armed Forces of the 
        United States.
          (E) A list and detailed explanation of each of the 
        instances, through October 31, 1988, in which the 
        Secretary of a military department exercised the 
        authority provided in subsection (c).
    (e) Definition.--For purposes of this section, the term 
``major non-NATO ally'' has the meaning given that term by 
section 1105(g)(1) of the National Defense Authorization Act 
for Fiscal Year 1987 (Public Law 99-661).\12\
---------------------------------------------------------------------------
    \12\ Sec. 1105(g)(1) of Public Law 99-661 defined ``major non-NATO 
ally'' as a country designated such by the Secretary of Defense with 
the concurrence of the Secretary of State.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1023. REPORT ON CO-PRODUCTION OR CO-ASSEMBLY OF M1A1 TANK

    (a) In General.--The Secretary of Defense shall submit to 
Congress a detailed report on any plans of the Department of 
Defense as of the time of the submission of the report 
regarding co-production or co-assembly of the M1 or M1A1 Abrams 
tank with a foreign country. The Secretary shall include in 
such report the following:
          (1) The status of any current negotiations by the 
        Secretary of Defense with any foreign country regarding 
        the co-production or co-assembly of the M1 or M1A1 tank 
        by the United States and that country.
          (2) A comparison of the long-term effects on the 
        United States mobilization base of production of such 
        tank under a co-production or co-assembly arrangement 
        with a foreign country.
          (3) The effect an arrangement with a foreign country 
        for the co-production or co-assembly of such tank would 
        have on the national security of the United States.
    (b) Deadline for Report.--The Secretary shall submit the 
report required under subsection (a) not later than 90 days 
after the date of the enactment of this Act.
    (c) Classification of Report.--The Secretary shall submit 
the report required under subsection (a) in both classified and 
unclassified form.

SEC. 1024. WEAPONS STORAGE AND SECURITY SYSTEMS

    (a) Limitation on Installation.--Funds appropriated or 
otherwise made available to the Department of Defense for 
fiscal years 1988 and 1989 may not be expended for installation 
of Weapons Storage and Security Systems (WSSS) in the territory 
of any European member nation of the North Atlantic Treaty 
Organization until the Secretary of Defense certifies to 
Congress that the construction program with respect to such 
systems is eligible for common financing under the NATO 
Infrastructure program.
    (b) Effect of INF Treaty.--If a treaty on Intermediate 
Range Nuclear Forces (INF) is ratified before the certification 
under subsection (a) is made, the Secretary shall submit with 
the certification a plan for revising the installation of those 
systems in order to reflect any additional requirements 
resulting from that treaty.\13\
---------------------------------------------------------------------------
    \13\ For text of INF treaty, ratified on June 1, 1988, see 
Legislation on Foreign Relations, vol. V, sec. F.
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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]
---------------------------------------------------------------------------

    \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

    Congress hereby reaffirms the sense of Congress expressed 
in the first session of the 99th Congress (in section 1451 of 
the Department of Defense Authorization Act, 1986 (Public Law 
99-145; 99 Stat. 760)), that United States Armed Forces should 
not be introduced into or over Nicaragua for combat. However, 
nothing in this section shall be construed as affecting the 
authority and responsibility of the President or Congress under 
the Constitution, statutes, or treaties of the United States in 
force.
          * * * * * * *
      cc. National Defense Authorization Act for Fiscal Year 1987

 Partial text of Public Law 99-661 [S. 2638], 100 Stat. 3816, approved 
 November 14, 1986; as amended by Public Law 100-456 [National Defense 
   Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 1918, 
   approved September 29, 1988; Public Law 101-189 [National Defense 
Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat. 
 1352, approved November 29, 1989; Public Law 103-199 [FRIENDSHIP Act; 
H.R. 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 104-
106 [National Defense Authorization Act for Fiscal Year 1996; S. 1124], 
 110 Stat. 186, approved February 10, 1996; and by Public Law 105-261 
  [Strom Thurmond National Defense Authorization Act for Fiscal Year 
      1999; H.R. 3616], 112 Stat. 1920, approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1987 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
    improve the defense acquisition process, and for other purposes.

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

                          TITLE I--PROCUREMENT

          * * * * * * *

          TITLE II--RESEARCH, DEVELOPMENT, TEXT AND EVALUATION

          * * * * * * *

                  Part B--Strategic Defense Initiative

SEC. 211. FISCAL YEAR 1987 FUNDING LEVEL FOR STRATEGIC DEFENSE 
                    INITIATIVE

    Of the amount authorized in section 201 for research, 
development, test, and evaluation for the Defense Agencies, not 
more than $3,213,000,000 is available for the Strategic Defense 
Initiative (SDI) Program.

SEC. 212. JOINT DEVELOPMENT OF ANTITACTICAL BALLISTIC MISSILE SYSTEM

    Of the funds available for the Strategic Defense Initiative 
under section 211, not more than $50,000,000 shall be available 
for the joint development, on a matching fund basis, of an 
anti-tactical ballistic missile system for deployment with NATO 
allies and other countries that the United States has invited 
to participate in the Strategic Defense Initiative Program.

SEC. 213.\1\ LIMITATION ON ESTABLISHMENT OF A FEDERALLY FUNDED RESEARCH 
                    AND DEVELOPMENT CENTER FOR THE STRATEGIC DEFENSE 
                    INITIATIVE PROGRAM

    (a) Limitation.--The Secretary of Defense may not obligate 
or expend any funds for the purpose of operating a Federally 
funded research and development center that is established for 
the support of the Strategic Defense Initiative Program after 
the date of the enactment of this Act unless--
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 2431 note.
---------------------------------------------------------------------------
          (1) the Secretary submits to the Committees on Armed 
        Services of the Senate and House of Representatives \2\ 
        a report with respect to such proposed center that 
        provides the information described in subsection (b); 
        and
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (2) funds are specifically authorized to be 
        appropriated for such purpose after the date of the 
        enactment of this Act in and Act other than--
                  (A) an appropriations Act; or
                  (B) a continuing resolution.
    (b) Content of Report.--A report submitted under subsection 
(a)(1) with respect to a proposed center shall include a 
discussion of--
          (1) the ability of existing Federally funded research 
        and development centers, Federal research laboratories, 
        and private contractors to perform the objectives of 
        technological integration and evaluation required by 
        the Strategic Defense Initiative Organization;
          (2) the comparative cost of having the proposed work 
        performed by--
                  (A) the Strategic Defense Initiative 
                Organization;
                  (B) Federally funded research and development 
                centers in existence on the date of the 
                enactment of this Act;
                  (C) by Federal research laboratories; or
                  (D) by private research laboratories;
                  (E) by such center;
          (3) whether such center is intended to be--
                  (A) primarily a study and analysis center; or
                  (B) primarily a system engineering/system 
                integration center;
          (4) whether such center will be required or 
        authorized to enter into contracts under which research 
        projects would be performed by other Federally funded 
        research and development centers, Federal research 
        laboratories, or private contractors;
          (5) whether the contract to operate such center will 
        be awarded on a competitive basis;
          (6) whether proposals with respect to the operation 
        of such center--
                  (A) will be considered by the appropriate 
                Defense Agency; and
                  (B) will be subjected to review by persons to 
                be elected by the National Academy of Sciences;
          (7) whether such center will be designed to prevent 
        even the possibility of an appearance of conflict of 
        interest--
                  (A) by prohibiting any officer, employee, or 
                member of the governing body of such center 
                from holding any position with--
                          (i) the Strategic Defense Initiative 
                        Organization; or
                          (ii) a private contractor that has a 
                        substantial interest in the development 
                        of the Strategic Defense Initiative; 
                        and
                  (B) by prohibiting more than one-half of the 
                members of the governing body of the proposed 
                Federally Funded Research Center from 
                simultaneously holding any position with the 
                Strategic Defense Initiative Advisory Committee 
                or any similar body which provides 
                technologies, scientific, or strategic advice 
                to the Department of Defense about the 
                Strategic Defense Initiative;
          (8) whether other actions will be taken to avoid 
        possible conflict of interest situations within such 
        center;
          (9) the role of the Department of Defense in--
                  (A) the selection of the staff of such 
                center; and
                  (B) the internal organization of such center; 
                and
          (10) whether a prescribed minimum percentage of the 
        annual budget of such center will be set aside for 
        research to be conducted independently of the 
        Department of Defense.
    (c) Comptroller General Report.--The Comptroller General of 
the United States shall also submit a report to Congress 
providing an analysis of the items in subsection (b) as 
appropriate.

SEC. 214.\3\ REPORT ON PROJECTED COSTS OF SDI PROGRAM * * *

SEC. 215.\4\ REPORT ON STRATEGIC DEFENSE INITIATIVE DEPLOYMENT SCHEDULE 
                    * * * [REPEALED--1987]

SEC. 216. EFFECT OF STRATEGIC DEFENSE INITIATIVE ON COMPLIANCE WITH THE 
                    ANTI-BALLISTIC MISSILE TREATY

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \3\ Sec. 214 amended sec. 223(b) of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 613).
    \4\ Sec. 215 was repealed by sec. 231 of Public Law 100-180 (101 
Stat. 1019).
---------------------------------------------------------------------------
          (1) The President's Commission on Strategic Forces 
        declared in its report to the President, dated March 
        21, 1984, that ``One of the most successful arms 
        control agreements is the Anti-Ballistic Missile Treaty 
        of 1972''.
          (2) The Secretary of State has stated that the ``ABM 
        Treaty requires consultations and the President has 
        explicitly recognized that any ABM-related deployments 
        arising from research into ballistic missile defenses 
        would be a matter for consultations and negotiations 
        between the Parties''.
          (3) The Secretary of State declared on October 14, 
        1985, that ``our research program has been structured 
        and, as the President has reaffirmed, will continue to 
        be conducted in accordance with a restrictive 
        interpretation of the treaty's obligations''.
          (4) The President has determined that the Krasnoyarsk 
        rather is a violation of the ABM Treaty.
          (5) The Krasnoyarsk radar therefore erodes the 
        integrity of the ABM Treaty and is a matter of serious 
        concern.
    (b) Congressional Declarations.--The Congress therefore 
declares--
          (1) that it fully supports the declared policy of the 
        President that a principal objective of the United 
        States in negotiations with the Soviet Union on nuclear 
        and space arms is to reverse the erosion of the Treaty 
        between the United States of America and the Union of 
        Soviet Socialist Republics on the Limitation of Anti-
        Ballistic Missile Systems, signed on May 26, 1972 
        (commonly referred to as the ``ABM Treaty''); and
          (2) that action by the Congress in approving funds in 
        this Act for research on the Strategic Defense 
        Initiative--
                  (A) does not express or imply an intention on 
                the part of Congress that the United States 
                should abrogate, violate, or otherwise erode 
                such treaty; and
                  (B) does not express or imply any 
                determination or commitment on the part of 
                Congress that the United States develop, test, 
                or deploy ballistic missile strategic defense 
                weaponry that would contravene such treaty.

SEC. 217. REPORT ON THE ANTI-BALLISTIC MISSILE TREATY

    (a) Report on Less Restrictive Interpretation.--The 
Secretary of Defense shall submit to Congress a report 
concerning the effect of the less restrictive interpretation of 
the Anti-Ballistic Missile Treaty on the Strategic Defense 
Initiative program.
    (b) Matters To Be Included.--The report shall include the 
following:
          (1) An analysis of the ramifications of the less 
        restrictive interpretation on the development under the 
        Strategic Defense Initiative Program, of strategic 
        defenses, including comprehensive strategic defense 
        systems, and more limited defenses designed to protect 
        vital United States military and command and control 
        assets, based on ``other physical principles''. This 
        analysis should compare research and development 
        programs pursued under both the restrictive and less 
        restrictive interpretations of such treaty including a 
        comparative analysis of--
                  (A) the overall cost of the research and 
                development programs.
                  (B) the schedule of the research and 
                development programs, and
                  (C) the level of confidence attained in the 
                research and development programs with respect 
                to supporting a full-scale engineering 
                development decision in the early 1990's.
          (2) A list of options under the less restrictive 
        interpretation of such treaty that meet one or more of 
        the following objectives:
                  (A) Reduction of the overall development 
                cost.
                  (B) Advancement of the schedule for a full-
                scale engineering development decision.
                  (C) Increase in the level of confidence in 
                the results of the research by the original 
                full-scale development date.
    (c) Deadline for Report.--The report under subsection (a) 
shall be submitted not later than February 1, 1987.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

           Part B--Program changes and Permanent Law Changes

          * * * * * * *

SEC. 316.\5\ PROHIBITION OF PURCHASE OF ANGOLAN PETROLEUM PRODUCTS FROM 
                    COMPANIES PRODUCING OIL IN ANGOLA

    (a) General Rule.--The Secretary of Defense may not enter 
into a contract with a company for the purchase of petroleum 
products which originated in Angola if the company (or a 
subsidiary or partnership of the company) is engaged in the 
production of petroleum products in Angola.
---------------------------------------------------------------------------
    \5\ 10 U.S.C. 2304 note. Sec. 842 of Public Law 102-484 (106 Stat. 
2468) provided the following termination:
---------------------------------------------------------------------------

``sec. 842. purchase of angolan petroleum products.
---------------------------------------------------------------------------

    ``The prohibition in section 316 of the National Defense 
Authorization Act for Fiscal Year 1987 (100 Stat. 3855; 10 U.S.C. 2304 
note) shall cease to be effective on the date on which the President 
certifies to Congress that free, fair, and democratic elections have 
taken place in Angola.''.
---------------------------------------------------------------------------
    (b) Waiver Authority.--The Secretary of Defense may waive 
the limitation in subsection (a) if the Secretary determines 
that such action is in the best interest of the United States.
    (c) Petroleum Product Defined.--For purposes of this 
section, the term ``petroleum product'' means--
          (1) natural or synthetic crude;
          (2) blends of natural or synthetic crude; and
          (3) products refined or derived from natural or 
        synthetic crude or form such blends.
    (d) Effective Date.--This section shall take effect six 
months after the date of the enactment of this Act.
          * * * * * * *

               Part C--Humanitarian and Other Assistance

SEC. 331. EXTENSION OF AUTHORIZATION FOR HUMANITARIAN ASSISTANCE

    (a) \6\ Transportation, Administration, and Distribution of 
Humanitarian Relief Supplies to Afghan Refugees. * * *
---------------------------------------------------------------------------
    \6\ Sec. 331(a) amended sec. 305 of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 617).
---------------------------------------------------------------------------
    (b) Reports.--The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives \7\ two reports, one of which shall be 
submitted not later than 60 days after the date of the 
enactment of this Act and the other not later than June 1, 
1987. Each such report shall contain (as of the date on which 
the report is submitted) the following information:
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (1) The total amount of funds obligated for 
        humanitarian relief under section 305 of the Department 
        of Defense Authorization Act, 1986 (Public Law 99-145; 
        99 Stat. 617) (as amended by subsection (a)).\6\
          (2) the number of scheduled and completed flights for 
        purposes of providing humanitarian relief under section 
        305 of such Act.
          (3) A description of any transfer (including to whom 
        the transfer is made) of excess nonlethal supplies of 
        the Department of Defense made available for 
        humanitarian relief purposes under section 2547 of 
        title 10, United States Code.
          * * * * * * *

                  TITLE IX--PROCUREMENT POLICY REFORM

          * * * * * * *
---------------------------------------------------------------------------
    \8\ Sec. 951 added 10 U.S.C. 2327.
---------------------------------------------------------------------------

SEC. 951.\8\ CONTRACTING WITH FIRMS OWNED OR CONTROLLED BY GOVERNMENTS 
                    THAT SUPPORT TERRORISM. * * *

                   TITLE X--ARMS CONTROL MATTERS \9\
---------------------------------------------------------------------------

    \9\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

          TITLE XI--MATTERS RELATING TO NATO AND OTHER ALLIES

SEC. 1101.\10\ MODERNIZATION OF DEFENSE CAPABILITIES OF COUNTRIES OF 
                    NATO'S SOUTHERN FLANK * * *

SEC. 1102.\11\ NATO COOPERATIVE LOGISTIC SUPPORT AGREEMENTS * * * 
                    [REPEALED --1989]
---------------------------------------------------------------------------

    \10\ Sec. 1101 amended chapter 2 of part II of the Foreign 
Assistance Act of 1961, by adding a new sec. 516. For text, see 
Legislation on Foreign Relations Through 2005, vol. I-A.
    \11\ Sec. 931 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified 
several sections of title 10 relating to cooperative agreements with 
NATO and other countries (see secs. 2350a-f), and repealed secs. 1102 
and 1105.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1105.\10\ COOPERATIVE RESEARCH AND DEVELOPMENT WITH MAJOR NON-NATO 
                    ALLIES * * * [REPEALED--1989]

          * * * * * * *

                     TITLE XIII--GENERAL PROVISIONS

                       Part A--Financial Matters

          * * * * * * *

SEC. 1303. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN CURRENCY 
                    PURCHASES

    There is hereby authorized to be appropriated for fiscal 
year 1987 the amount of $3,500,000 for the purchase of foreign 
currencies from the Treasury Department to pay expenses 
incurred in carrying out programs of the Department of Defense.
          * * * * * * *

                         Part F--Miscellaneous

SEC. 1351.\12\ LIMITATION ON SOURCE OF FUNDS FOR NICARAGUAN DEMOCRATIC 
                    RESISTANCE

    Notwithstanding title II of the Military Construction 
Appropriations Act, 1987, or any other provision of law, funds 
appropriated or otherwise made available to the Department of 
Defense for any fiscal year for operation and maintenance may 
not be used to provide assistance for the democratic resistance 
forces in Nicaragua. If funds appropriated or otherwise made 
available to the Department of Defense for any fiscal year are 
authorized by law to be used for such assistance, funds for 
such purpose may only be derived from amounts appropriated or 
otherwise made available to the Department for procurement 
(other than ammunition).
---------------------------------------------------------------------------
    \12\ 10 U.S.C. 114 note. Sec. 1063(a) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
444) struck out subsec. (b), which had required the Secretary of 
Defense to report to Congress on the source of funds used for this 
section, and struck out ``(a) Limitation.--'' preceding 
``Notwithstanding''.
---------------------------------------------------------------------------

SEC. 1352. BUDGET ACCOUNTING FOR NEW SPACE SHUTTLE

    Funds appropriated for the procurement of a shuttle orbiter 
by the National Aeronautics and Space Administration to replace 
the Challenger space shuttle orbiter may not be charged by any 
official of the executive or legislative branch against major 
budget function category 050 (National Defense).

SEC. 1353. PROMPT REPORTING OF INTELLIGENCE ON TERRORIST THREATS

    (a) In General.--(1) Subject to subsection (b), the 
Secretary of Defense shall instruct all appropriate officials 
of the Department of Defense to take such action as may be 
necessary to ensure that all credible, time-sensitive 
intelligence received by or otherwise available to United 
States officials concerning potential terrorist threats to--
          (A) United States citizens or facilities (including 
        citizens and facilities overseas); or
          (B) any other potential target for terrorist 
        activities designated by the Secretary,
is reported promptly to the headquarters or office of the 
Department of Defense concerned.
          * * * * * * *

SEC. 1364.\13\ FOREIGN ESPIONAGE ACTIVITIES IN THE UNITED STATES

    The Congress declares that it is the policy of the United 
States to impose appropriate restrictions (including travel 
restrictions) on the official representatives of any foreign 
country, as well upon the nationals of such country who are 
employed by international organizations, when the President 
determines that a pattern of abuses by that nation exists.
---------------------------------------------------------------------------
    \13\ Sec. 502(h) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2327) repealed subsecs. (a) and (c) of this section, relating to 
espionage activities of the Soviet Union, and struck subsec. 
designation ``(b) Congressional Policy.--'' before the remaining text.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1368. SENSE OF CONGRESS REGARDING THE DEATH OF LIEUTENANT COLONEL 
                    ARTHUR D. NICHOLSON, JUNIOR

    (a) Findings.--The Congress finds the following:
          (1) On March 24, 1985, Lieutenant Colonel Arthur D. 
        Nicholson, Junior, of the United States Army (then 
        holding the grade of major) was carrying out his 
        official duties as a liaison officer of the United 
        States Military Liaison Mission.
          (2) On that date, Lieutenant Colonel Nicholson was 
        performing his duties in uniform and in an open and 
        direct manner, according to orders, and was conducting 
        himself in a way which was neither provocative nor 
        beyond the limits of proper conduct for members of the 
        United States Military Liaison Mission, and which was 
        well understood and accepted by the Soviet Union.
          (3) On that date, a member or members of the armed 
        forces of the Soviet Union shot and fatally wounded 
        Lieutenant Colonel Nicholson without warning and 
        without provocation.
          (4) After having shot Lieutenant Colonel Nicholson, 
        members of the armed forces of the Soviet Union 
        forcibly restrained Lieutenant Colonel Nicholson's aide 
        and prevented him from providing medical assistance to 
        Lieutenant Colonel Nicholson, so that Lieutenant 
        Colonel Nicholson died slowly and with great suffering, 
        which death and suffering might have been prevented had 
        Lieutenant Colonel Nicholson been permitted to receive 
        assistance.
          (5) The death of Lieutenant Colonel Nicholson was an 
        untimely, unnecessary, cold-blooded murder committed 
        against a United States military officer in pursuit of 
        his official duties by a member or members of the armed 
        forces of the Soviet Union, in a painful and degrading 
        manner.
    (b) Sense of Congress.--The Congress deplores and condemns 
the cold-blooded murder of Lieutenant Colonel Arthur D. 
Nicholson, Junior. It is the sense of Congress that the 
Government of the Soviet Union should--
          (1) apologize for and renounce the murder of 
        Lieutenant Colonel Nicholson; and
          (2) indemnify the family of Lieutenant Colonel 
        Nicholson financially.
          * * * * * * *

SEC. 1371. NUCLEAR WINTER STUDY AND REPORT

    (a) Study.--The Secretary of Defense shall conduct a 
comprehensive study on the atmospheric, climatic, biological, 
health, and environmental consequences of nuclear explosions 
and nuclear exchanges and the implications that such 
consequences have for the nuclear weapons, arms control, and 
civil defense policies of the United States.
    (b) Report.--Not later than November 1, 1987, the Secretary 
shall submit to the President and the Congress an unclassified 
report suitable for release to the public, with classified 
addenda if necessary, on the study conducted under subsection 
(a). The report shall contain the following:
          (1) A detailed review and assessment of the findings 
        in the current body of domestic and international 
        scientific literature on the atmospheric, climatic, 
        biological, health, and environmental consequences of 
        nuclear explosions and nuclear exchanges.
          (2) A thorough evaluation of the implications that 
        such findings have on--
                  (A) the nuclear weapons policy of the United 
                States, especially with regard to strategy, 
                targeting, planning, command, control, 
                procurement, and deployment;
                  (B) the nuclear arms control policy of the 
                United States; and
                  (C) the civil defense policy of the United 
                States.
          (3) A discussion of the manner in which the results 
        of such evaluation of policy implications will be 
        incorporated into the nuclear weapons, arms control, 
        and civil defense policies of the United States.
          (4) An analysis of the extent to which current 
        scientific findings on the consequences of nuclear 
        explosions are being studied, disseminated, and used in 
        the Soviet Union.
          (5) A plan for a five-year research program to 
        advance understanding of nuclear winter and an estimate 
        of the funding necessary to carry out such a research 
        program.
    (c) Evaluation of Report.--Upon submission of the report 
under subsection (b), the Secretary shall contract with the 
National Academy of Sciences to--
          (1) make an independent evaluation of the material 
        contained in the report; and
          (2) not later than April 1, 1988, submit a report to 
        the Secretary of Defense and to the Committees on Armed 
        Services of the Senate and of the House of 
        Representatives,\14\ setting forth the results of the 
        evaluation and may recommendations pertaining to the 
        contents of the report, including the plan for the 
        five-year research program.
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1373. DRUG INTERDICTION

    (a) Comprehensive Program.--Not later than 180 days after 
the date of the enactment of this Act, the President shall 
submit to Congress a comprehensive program designed to 
interdict aircraft, vessels, and vehicles carrying illegal 
drugs into the United States. The program shall include the 
following:
          (1) A clear division of authority in drug 
        interdiction and drug enforcement efforts among all 
        Federal law enforcement agencies involved in those 
        efforts and a mechanism which will insure maximum 
        coordination and cooperation among those agencies.
          (2) Designation of a lead agency principally 
        responsible for each of the following areas: marine and 
        air drug interdiction beyond the borders of the United 
        States; domestic and border drug interdiction efforts; 
        and domestic and foreign drug law enforcement efforts.
          (3) A requirement that such lead agency shall be 
        advised where possible in advance of activities by any 
        other agency in its area of responsibility and that, 
        upon objection by the lead agency, the matter shall be 
        referred to the National Drug Enforcement Policy Board 
        for resolution.
          (4) A comprehensive plan to enhance the capabilities, 
        manpower and equipment of the United States Coast Guard 
        by the end of fiscal year 1989 in order to 
        substantially increase the role of the Coast Guard in 
        drug interdiction and enforcement efforts. Such plan 
        shall specify requirements for command and control 
        between the Coast Guard and the Department of Defense 
        and civilian drug law enforcement and interdiction 
        agencies.
          (5) A comprehensive plan to maximize, to the extent 
        it does not adversely affect military preparedness and 
        consistent with the provisions of chapter 18 of title 
        10, United States Code, assistance by the Department of 
        Defense to other agencies in the drug enforcement and 
        interdiction effort.
          (6) A requirement that maximum use be made of 
        existing Department of Defense and Coast Guard command 
        and control networks as well as other available 
        military resources, including equipment, intelligence, 
        and training capabilities.
    (b) Report--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report discussing the following:
          (1) Recommendations for amendments to chapter 18 of 
        title 10, United States Code, to allow more efficient 
        use of the Armed Forces in combating illegal drug 
        trafficking.
          (2) The legal consequences of amending chapter 18 of 
        title 10, United States Code, to permit the direct 
        participation of members of the Armed Forces in the 
        interdiction of vessels or aircraft, search and 
        seizure, arrest, or other similar activity in the 
        assistance of civilian law enforcement officials.
          (3) The amount of training, the cost of training, and 
        the number of military personnel required to effectuate 
        the changes referred to in paragraph (2).
          (4) The effect on military preparedness of a drug 
        interdiction program that would require the Armed 
        Forces to halt the unlawful penetration of the United 
        States borders by aircraft and vessels carrying 
        narcotics and that would use military personnel to 
        locate, pursue, and seize such vessels and aircraft and 
        to arrest their crews.
          (5) The costs in the areas of procurement, operation 
        and maintenance, and personnel which would be necessary 
        to restore military preparedness to the level existing 
        before commencement of the program described in 
        paragraph (4).
          (6) The cost and number of aircraft, vessels, and 
        personnel needed to seal the borders of the United 
        States, including Alaska and Hawaii, to interdict the 
        unlawful penetration of aircraft, vessels, and ground 
        traffic carrying narcotics.
          (7) The cost and number of aircraft and personnel 
        needed to provide continuous aerial radar coverage of 
        the United States in order to interdict the unlawful 
        penetration of aircraft carrying narcotics.
          (8) The cost and number of rotor wing and fixed wing 
        aircraft needed to pursue and seize intruding aircraft 
        detected by the radar coverage referred to in paragraph 
        (7) including a plan for the deployment of such rotor 
        wing and fixed wing aircraft.
          (9) The effect of carrying out the program referred 
        to in paragraph (4) of the United States' ability to 
        meet its defense responsibilities, particularly to 
        members of the North Atlantic Treaty Organization, 
        Japan, Korea, and Australia.
          * * * * * * *
           dd. Department of Defense Authorization Act, 1986

  Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved 
 November 8, 1985; as amended by Public Law 99-190 [Further Continuing 
Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December 
19, 1985; Public Law 99-661 [National Defense Authorization Act, Fiscal 
Year 1987; S. 2638], 100 Stat. 3816, approved November 14, 1986; Public 
Law 100-456 [National Defense Authorization Act, Fiscal Year 1989; H.R. 
4481], 102 Stat. 1918, approved September 29, 1988; Public Law 101-189 
  [National Defense Authorization Act for Fiscal Years 1990 and 1991; 
H.R. 2461], 103 Stat. 1352, approved November 29, 1989; Public Law 101-
  510 [National Defense Authorization Act for Fiscal Year 1991, H.R. 
 4739], 104 Stat. 1704, approved November 5, 1990; Public Law 102-190 
  [National Defense Authorization Act for Fiscal Years 1992 and 1993, 
 H.R. 2100], 105 Stat. 1290, approved December 5, 1991; Public Law 102-
  484 [National Defense Authorization Act for Fiscal Year 1993; H.R. 
 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160 
 [National Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 
    107 Stat. 1547, approved November 30, 1993; Public Law 103-199 
  [FRIENDSHIP ACT; H.R. 3000], 107 Stat. 2317, approved December 17, 
1993; Public Law 103-337 [National Defense Authorization Act for Fiscal 
 Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201 
 [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 
    110 Stat. 2422, approved September 23, 1996; Public Law 105-85 
 [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 
 111 Stat. 1629, approved November 18, 1997; Public Law 105-261 [Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R. 
  3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65 
[National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 
  Stat. 512, approved October 5, 1999; Public Law 108-375 [Ronald W. 
 Reagan National Defense Authorization Act for Fiscal Year 2005; H.R. 
 4200], 118 Stat. 1811, approved October 28, 2004; Public Law 109-163 
 [National Defense Authorization Act for Fiscal Year 2006; H.R. 1815], 
                119 Stat. 3136, approved January 6, 2006

   AN ACT To authorize appropriations for military functions of the 
 Department of Defense and to prescribe military personnel levels for 
 the Department of Defense for fiscal year 1986, to revise and improve 
    military compensation programs, to improve defense procurement 
   procedures, to authorize appropriations for fiscal year 1986 for 
 national security programs of the Department of Energy, and for other 
                               purposes.

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

                          TITLE I--PROCUREMENT

          * * * * * * *

                     Part A--Funding Authorizations

          * * * * * * *

SEC. 106. NATO COOPERATIVE PROGRAMS

    (a) Authorization of Appropriations for Cooperative Defense 
Programs.--(1) There is hereby authorized to be appropriated to 
the Secretary of Defense for fiscal year 1986 the amount of 
$75,000,000 for North Atlantic Treaty Organization cooperative 
defense programs as follows:
          For acquisition of point air defense of United States 
        airbases in the Federal Republic of Germany, 
        $30,000,000.
          For acquisition of point air defense of United States 
        airbases and other critical United States military 
        facilities in Italy, $15,000,000.
          For acquisition of point air defense and port defense 
        for facilities in Belgium, $15,000,000.
          For acquisition of point air defense of United States 
        airbases in Turkey, $15,000,000.
    (2) None of the amounts appropriated pursuant to the 
authorizations in paragraph (1) may be obligated \1\ for 
acquisitions in connection with a NATO cooperative defense 
program in which the financial obligations of the United States 
exceed the collective financial obligations of European 
countries in connection with such program.
---------------------------------------------------------------------------
    \1\ Sec. 1302(e) of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out para. 
designations (A) and (B) here and accompanying text, including:
    ``(A) for implementation of a cooperative program until the 
Secretary of Defense submits to the Committees on Armed Services of the 
Senate and House of Representatives a copy of each government-to-
government agreement relating to that program; or''.
---------------------------------------------------------------------------
    (b) Extension of Authority Provided Secretary of Defense in 
Connection With the NATO AWACS Program.--Effective on October 
1, 1985, section 103(a) of the Department of Defense 
Authorization Act, 1982 (Public Law 97-86; 95 Stat. 1100), is 
amended by striking out ``fiscal year 1985'' both places it 
appears and inserting in lieu thereof ``fiscal year 1986''.
          * * * * * * *

                  Part B--Strategic Defense Initiative

SEC. 221. FUNDING FOR FISCAL YEAR 1986

    Of the amount authorized in section 201 for the Defense 
Agencies, $2,750,000,000 is available for the Strategic Defense 
Initiative, of which $12,500,000 is available only for the 
medical application of free-electron lasers and associated 
material and physical science research.
---------------------------------------------------------------------------
    \2\ Formerly at 10 U.S.C. 139 note. Sec. 253(1) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 234) repealed sec. 222, which had provided as follows:
---------------------------------------------------------------------------

``sec. 222. requirement for specific authorization for deployment of 
strategic defense initiative system
---------------------------------------------------------------------------

    ``A strategic defense system developed as a consequence of 
research, development, test, and evaluation conducted on the Strategic 
Defense Initiative program may not be deployed in whole or in part 
unless--
---------------------------------------------------------------------------

  ``(1) the President determines and certifies to Congress in writing 
that--

  ``(A) the system is survivable (that is, the system is able to maintain a 
sufficient degree of effectiveness to fulfill its mission, even in the face 
of determined attacks against it); and

  ``(B) the system is cost effective at the margin to the extent that the 
system is able to maintain its effectiveness against the offense at less 
cost than it would take to develop offensive countermeasures and 
proliferate the ballistic missiles necessary to overcome it; and

  ``(2) funding for the deployment of such system has been specifically 
authorized by legislation enacted after the date on which the President 
makes the certification to Congress.''.

SEC. 222.\2\ * * * [REPEALED--1996]

SEC. 223. REPORTS ON STRATEGIC DEFENSE INITIATIVE

    (a) Report on Potential Responses to SDI and on RDT&E 
Cost.--(1) The Secretary of Defense shall submit to Congress a 
report as to--
          (A) what probable responses can be expected from 
        potential enemies should the Strategic Defense 
        Initiative programs be carried out to procurement and 
        deployment, such as what increase may be anticipated in 
        offensive enemy weapons in an enemy's attempt to 
        penetrate the defensive shield by increasing the number 
        or qualities of its offensive weapons:
          (B) what can be expected from potential enemies in 
        the deployment of weapons not endangered by the 
        Strategic Defense Initiative, such as cruise missiles 
        and low trajectory submarine missiles;
          (C) the degree of the dependency of success for the 
        Strategic Defense Initiative upon a potential enemy's 
        anti-satellite weapons capability; and
          (D) the cost estimates for the research, development, 
        test, and evaluation for the proposed Strategic Defense 
        Initiative.
    (2) The report required by paragraph (1) shall be submitted 
to Congress with the request of the Secretary of Defense for 
appropriations for the Strategic Defense Initiative for fiscal 
year 1987.
    (b) Report on Procurement and Deployment Cost.--The 
Secretary of Defense shall submit to Congress a report on the 
cost estimates for procurement and deployment of Strategic 
Defense Initiative programs. The report shall be submitted as 
soon as possible but not later than submission of the budget 
request of the Department of Defense for fiscal year 1989. The 
Secretary shall include in such report the following 
information: \3\
---------------------------------------------------------------------------
    \3\ Sec. 214 of Public Law 99-661 added the last sentence and 
subparas. (1) and (2).
---------------------------------------------------------------------------
          (1) \3\ The cost goals or cost objectives for the 
        production and deployment of a Strategic Defense 
        Initiative System determined on the basis of 
        capabilities expected to be developed in the future and 
        the cost goals or cost objectives for the individual 
        components of such system (determined on the basis of 
        capabilities expected to be developed in the future).
          (2) \3\ The estimated cost for production and 
        deployment of the Strategic Defense Initiative System 
        referred to in paragraph (1) and determined on the 
        basis of prices in effect and capabilities in existence 
        at the time of the preparation of the report and the 
        estimated cost for the production and deployment of the 
        individual components of such system (determined on the 
        basis of prices in effect and capabilities in existence 
        at the time of the preparation of the report).

SEC. 224. CONGRESSIONAL POLICY REGARDING CONSULTATION WITH OTHER 
                    MEMBERS OF NATO ON THE STRATEGIC DEFENSE INITIATIVE

    (a) Commendation of President's Action.--The Congress 
commends the President's attempts to initiate cooperation 
between the United States and other member nations of the North 
Atlantic Treaty Organization (NATO) on the Strategic Defense 
Initiative.
    (b) Consultation and Cooperation With Other NATO Nations.--
It is the sense of Congress--
          (1) that the mutual defense of NATO member nations is 
        strengthened when there is a high degree of 
        consultation and cooperation among member nations; and
          (2) that the President should continue consultations 
        with other member nations of NATO on the Strategic 
        Defense Initiative program and, to the maximum extent 
        feasible and within national security guidelines, keep 
        such member nations informed of the progress, plans, 
        and potential proposals of the United States regarding 
        such program.
---------------------------------------------------------------------------
    \4\ Sec. 253(2) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 234) repealed sec. 225, 
which stated congressional findings and a sense of the Congress 
regarding SDI and the ABM Treaty.
---------------------------------------------------------------------------

SEC. 225.\4\ * * * [REPEALED--1996]

SEC. 226. REPORT ON STRATEGIC AND THEATER BALLISTIC MISSILE DEFENSES

    (a) Requirement for Study.--The Secretary of Defense shall 
conduct a study to examine the feasibility and military value 
of the early application of defenses against ballistic missile 
attack from the standpoint of--
          (1) defending high value United States and allied 
        capabilities abroad; and
          (2) defending United States strategic deterrent 
        capabilities.
    (b) Matters To Be Included in Study.--The study shall 
specifically address--
          (1) the contribution such defenses could make to 
        deterrence stability;
          (2) the adequacy in this regard of existing programs, 
        including in particular the Strategic Defense 
        Initiative; and
          (3) the adequacy of the Army's Anti-Tactical Missile 
        (ATM) program for allied defense.
    (c) Report on Study.--The Secretary of Defense shall submit 
to Congress a report containing the results of such study not 
later than February 15, 1986.

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR TRANSPORTATION OF 
                    HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFUGEES

    (a) Authorization of Funds.--(1) There is hereby authorized 
to be appropriated to the Department of Defense for fiscal year 
1986 the sum of $10,000,000 and for fiscal year 1987 the sum of 
$10,000,000 for the purpose of providing transportation for 
humanitarian relief for persons displaced or who are refugees 
because of the invasion of Afghanistan by the Soviet Union.\5\
---------------------------------------------------------------------------
    \5\ Sec. 331(a) of the Department of Defense Authorization Act, 
1987 (Public Law 99-661; 100 Stat. 3816), added the phrase ``and for 
fiscal year 1987 the sum of $10,000,000''.
---------------------------------------------------------------------------
    (2) \6\ Of the funds appropriated by the Department of 
Defense Appropriations Act, 1986 (as contained in section 
101(b) of Public Law 99-190; 99 Stat. 1189), for operation and 
maintenance for the Air Force, $7,000,000 shall remain 
available for obligation until September 30, 1987, for the 
purpose described in paragraph (1) (including providing 
transportation of excess nonlethal supplies of the Department 
of Defense made available for humanitarian relief purposes 
under section 2547 of title 10, United States Code). Such funds 
shall be in addition to funds appropriated pursuant to the 
authorization in paragraph (1).
---------------------------------------------------------------------------
    \6\ This subsection was added by sec. 331(a) of the Department of 
Defense Authorization Act, 1987 (Public Law 99-661; 100 Stat. 3816).
---------------------------------------------------------------------------
    (b) Transportation Under Direction of the Secretary of 
State.--Transportation provided with funds appropriated 
pursuant to the authorization in this section shall be under 
the direction of the Secretary of State.
    (c) Means of Transportation To Be Used.--Transportation for 
humanitarian relief provided with funds appropriated pursuant 
to the authorization in this section shall be by the most 
economical commercial or military means available, unless the 
Secretary of State determines that it is in the national 
interest of the United States to use means other than the most 
economical available. Such means may include the use of 
aircraft and personnel of the reserve components of the Armed 
Forces.
    (d) \6\ Authorization To Transfer Funds.--The Secretary of 
Defense is authorized to transfer to the Secretary of State not 
more than $3,000,000 of the funds appropriated pursuant to the 
authorization in this section for fiscal year 1987 to provide 
for (1) paying administrative costs of providing the 
transportation described in subsection (a), and (2) providing 
for the acquisition of transportation assets for the 
distribution of supplies outside the United States to 
accomplish the purposes of this section.
    (e) \6\ Availability of Funds.--Amounts appropriated 
pursuant to the authorization in subsection (a) shall remain 
available until expended, to the extent provided in 
appropriation Acts.
          * * * * * * *

             TITLE X--MATTERS RELATING TO ARMS CONTROL \7\
---------------------------------------------------------------------------

    \7\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. F.
---------------------------------------------------------------------------
          * * * * * * *

                   TITLE XI--MATTERS RELATING TO NATO

          * * * * * * *

SEC. 1103.\8\ NATO COOPERATIVE RESEARCH AND DEVELOPMENT * * * 
                    [REPEALED--1989]
---------------------------------------------------------------------------

    \8\ Sec. 931 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified 
several sections of 10 U.S.C. relating to cooperative agreements with 
NATO and other countries (see secs. 2350a through 2350f), and repealed 
sec. 1103.
---------------------------------------------------------------------------
          * * * * * * *

                     TITLE XIV--GENERAL PROVISIONS

          * * * * * * *

SEC 1411.\9\ CONDITIONS OF SPENDING FUNDS FOR BINARY CHEMICAL MUNITIONS

    (a) Limitation on Fiscal Year 1986 Funds.--Funds 
appropriated pursuant to authorizations of appropriations in 
title I may not be used--
---------------------------------------------------------------------------
    \9\ Sec. 1411 was amended and restated by sec. 8093 of the Further 
Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1217).
---------------------------------------------------------------------------
          (1) for procurement or assembly of binary chemical 
        munitions (or components of such munitions); or
          (2) for establishment of production facilities 
        necessary for procurement or assembly of binary 
        chemical munitions (or components of such munitions), 
        except in accordance with subsections (b), (c), (d), 
        and (e).
    (b) NATO Consultation.--Subject to subsections (c), (d), 
and (e), funds referred to in subsection (a) may be used for 
procurement or assembly of binary chemical munitions or for the 
establishment of production facilities necessary for the 
procurement or assembly of binary chemical munitions (or 
components of such munitions) if the President certifies to 
Congress that the United States--
          (1) has submitted to the North Atlantic Treaty 
        Organization, a force goal stating the requirement for 
        modernization of the United States proportional share 
        of the NATO chemical deterrent with binary munitions 
        and said force goal has been formally adopted by the 
        North Atlantic Council;
          (2) has developed in coordination with the Supreme 
        Allied Commander, Europe, a plan under which United 
        States binary chemical munitions can be deployed under 
        appropriate contingency plans to deter chemical weapons 
        attacks against the United States and its allies; and
          (3) has consulted with other member nations of the 
        North Atlantic Treaty Organization (NATO) on that plan.
    (c) Conditions for Final Assembly.--Funds referred to in 
subsection (a) may not be used for the final assembly of 
complete binary chemical munitions before October 1, 1987, and, 
subject to subsections (d) and (e), may only be used for such 
purpose on or after that date if--
          (1) a mutually verifiable international agreement 
        concerning binary and other similar chemical munitions 
        has not been entered into by the United States by that 
        date;
          (2) \10\ the President, after that date, transmits to 
        Congress a certification that--
---------------------------------------------------------------------------
    \10\ The President transmitted to the Congress certification with 
respect to the 155mm Binary Chemical Artillery Projectile, on October 
16, 1987, as printed in H. Doc. 100-118, October 19, 1987.
---------------------------------------------------------------------------
                  (A) final assembly of such complete munitions 
                is necessitated by national security interests 
                of the United States and the interests of other 
                NATO member nations;
                  (B) handling and storage safety 
                specifications established by the Department of 
                Defense with respect to such munitions will be 
                met or exceeded;
                  (C) applicable Federal safety requirements 
                will be met or exceeded in the handling, 
                storage, and other use of such munitions; and
                  (D) the plan of the Secretary of Defense for 
                destruction of existing United States chemical 
                warfare stocks developed pursuant to section 
                1412 (which shall, if not sooner transmitted to 
                Congress, accompany such certification) is 
                ready to be implemented;
          (3) final assembly is carried out only after the end 
        of the 60-day period beginning on the date such 
        certification is received by the Congress;
          (4) the plan of the Secretary of Defense for land-
        based storage of such munitions within the United 
        States during peacetime provides that the two 
        components that constitute a binary chemical munition 
        are to be stored in separate States; and
          (5) the plan of the Secretary of Defense for the 
        transportation of such munitions within the United 
        States during peacetime provides that the two 
        components that constitute a binary munition are 
        transported separately.
    (d) Restrictions on Production of the BIGEYE Bomb.--Except 
as provided below, none of the funds appropriated pursuant to 
authorizations of appropriations in title I may be used for 
procurement or assembly of the BIGEYE binary chemical bomb or 
for procurement of components for the BIGEYE bomb until 60 days 
after the Secretary of Defense has submitted a report 
describing--
          (1) the specific operational requirements which must 
        be achieved by the BIGEYE system; and
          (2) the actual performance of the system during 
        operational testing with respect to each of the 
        operational test criteria; and
          (3) any exceptions to the operational criteria deemed 
        acceptable by the Department of Defense.
Subject to subsection (b) nothing in this subsection will 
prohibit the procurement of BIGEYE production facilities and 
associated equipment.
    (e) Restriction on Production of the GB-2 Artillery 
Projectile.--None of the funds appropriated pursuant to 
authorizations in title I for procurement or assembly of the 
GB-2 artillery projectile may be obligated or expended before 
October 1, 1986.
    (f) Sense of Congress.--It is the sense of Congress that 
existing unitary chemical munitions currently stored in the 
United States and in European member nations of NATO should be 
replaced by modern, safer binary chemical munitions.
    (g) Report.--Not later than October 1, 1986, the President 
shall submit to Congress a report describing the results of 
consultations among NATO member nations concerning the 
organization's chemical deterrent posture. The report shall 
include descriptions of any consultations concerning--
          (1) efforts to provide key civilian workers at 
        military support facilities in Europe--
                  (A) with personal and collective equipment to 
                protect against the use of chemical munitions; 
                and
                  (B) with the training required for the use of 
                such equipment;
          (2) efforts to upgrade the chemical reconnaissance, 
        decontamination, and protective capabilities of the 
        military forces of each NATO member nation to a level 
        adequate to meet the chemical threat identified in NATO 
        intelligence estimates;
          (3) efforts to initiate a NATO-wide study of measures 
        required to protect ports, airfields, logistics 
        centers, and command and control facilities in European 
        member nations of NATO against chemical attack; and
          (4) efforts to initiate a NATO-wide study of 
        equitable and efficient sharing among NATO member 
        nations of responsibilities with regard to deterring 
        the use of chemical munitions in Europe.

SEC. 1412.\11\ DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL 
                    AGENTS AND MUNITIONS

    (a) \12\ In General.--Notwithstanding any other provision 
of law, the Secretary of Defense (hereinafter in this section 
referred to as the ``Secretary'') shall, in accordance with the 
provisions of this section, carry out the destruction of the 
United States' stockpile of lethal chemical agents and 
munitions that exists on November 8, 1985.\13\
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    \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''.
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    (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\
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    \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''.
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    (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\
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    \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 * * *''.
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    (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.
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    \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).
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    (5) \16\ For purposes of this section, the term ``stockpile 
elimination deadline'' means December 31, 2004.\18\
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    \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''.
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    (c) Environmental Protection and Use of Facilities.--(1) In 
carrying out the requirement of subsection (a),\19\ the 
Secretary shall provide for--
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    \19\ Sec. 179(2) of Public Law 102-484 (106 Stat. 2347) struck out 
``subsection (a)(1)'' and inserted in lieu thereof ``subsection (a)''.
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          (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.
---------------------------------------------------------------------------
    \51\ 14 U.S.C. 89 note.
---------------------------------------------------------------------------
    (b) Law Enforcement Functions.--Members of the Coast Guard 
assigned to duty on board naval vessels under this section 
shall perform such law enforcement functions (including drug-
interdiction functions)--
          (1) as may be agreed upon by the Secretary of Defense 
        and the Secretary of Transportation; and
          (2) as are otherwise within the jurisdiction of the 
        Coast Guard.
    (c) Authorization of Necessary Coast Guard Personnel; 
Funding.--(1) The active-duty military strength level for the 
Coast Guard for fiscal year 1986 is increased by 500. 
Additional members of the Coast Guard who are on active duty by 
reason of this subsection shall be assigned to duty as provided 
in subsection (a).
    (2) Of the funds appropriated for operation and maintenance 
for the Navy for fiscal year 1986, the sum of $15,000,000 shall 
be transferred to the Secretary of Transportation and shall be 
available only for the additional personnel authorized by 
paragraph (1).
    (d) Definitions.--For the purposes of this section:
          (1) The term ``drug-interdiction area'' means an area 
        outside the land area of the United States in which the 
        Secretary of Defense (in consultation with the Attorney 
        General) determines that activities involving smuggling 
        of drugs into the United States are ongoing.
          (2) The term ``active-duty military strength level 
        for the Coast Guard for fiscal year 1986'' means the 
        full-time equivalent strength level for active-duty 
        military personnel of the Coast Guard for fiscal year 
        1986 required to be maintained by section 3 of the 
        Coast Guard Authorization Act of 1984 (Public Law 98-
        557; 98 Stat. 2860).

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

    (a) Authorization of Funds for Elements Assisting Civilian 
Drug Interdiction.--(1) There are authorized to be appropriated 
to the Department of Defense for fiscal year 1986 such sums as 
may be necessary for the establishment, operation, and 
maintenance of airborne surveillance, detection, and 
interdiction units in the Department of Defense.
    (2) There are authorized to be appropriated to the 
Department of Defense for fiscal year 1986 such sums as may be 
necessary for the operation and maintenance of the Directorate 
of the Department of Defense Task Force on Drug Law 
Enforcement.
    (b) Command, Control, and Coordination.--A special 
operations headquarters element shall provide necessary 
command, control, and coordination of appropriate active or 
Reserve Component special operations forces, combat rescue 
units, and other units for participation by such forces and 
units in drug law-enforcement assistance missions.
    (c) Report on Plans to Enhance Cooperation With Civilian 
Drug Enforcement Agencies.--Not later than December 1, 1985, 
the Secretary of Defense shall submit to the committees on 
Armed Services of the Senate and the House of Representatives 
\52\ a report on the manner in which the Department of Defense 
plans to obligate and expend funds appropriated or expected to 
be appropriated pursuant to the authorizations contained in 
this section. The report shall include a description of--
---------------------------------------------------------------------------
    \52\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (1) actions or proposed actions to establish, 
        operate, and maintain reserve component forces, 
        airborne surveillance, detection, and interdiction 
        units, including--
                  (A) actions or proposed actions to 
                consolidate or establish, in a Special 
                Operations Wing of the Air Force (reserve or 
                active component), command, control, and 
                coordination of Air Force Special Operations 
                aircraft (including aircraft assigned to the 
                Special Operations Wing of the Regular Air 
                Force on or before March 1, 1985); and
                  (B) in the case of any such aircraft which 
                are not to remain assigned to a Special 
                Operation Wing of the Air Force, the 
                disposition or planned disposition of those 
                aircraft;
          (2) actions and proposed actions to use rotary-wing 
        and fixed-wing aircraft of the Department of Defense as 
        well as other measures necessary to furnish 
        (commensurate with military readiness and the 
        provisions of chapter 18 of title 10, United States 
        Code) optimal support to civilian law enforcement 
        agencies; and
          (3) actions and proposed actions to promote dual use 
        between the reserve component forces and civilian law 
        enforcement agencies of the Department of Defense 
        aircraft and other Department of Defense resources made 
        available to civilian law enforcement agencies for the 
        purpose of carrying out drug interdiction missions.
          * * * * * * *

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

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

SEC. 1425. STRATEGIC BOMBER PROGRAMS

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

SEC. 1426. RESTRICTIONS ON CERTAIN NUCLEAR PROGRAMS

    (a) Restriction on Funding for MX Missile Warhead.--None of 
the funds appropriated pursuant to an authorization provided in 
this or any other Act may be obligated or expended for the 
production of W-87 warheads for the MX missile program in 
excess of the numbers of warheads required to arm the number of 
such missiles authorized by the Congress to be deployed and 
determined by the President to be necessary for quality 
assurance and reliability testing.
    (b) Employment of the Standard Missile (SM-2(N)).--Except 
for the studies and report required by this section, none of 
the funds authorized to be appropriated by this Act may be 
expended for research, development, test, or procurement 
associated with a nuclear variant of the Standard Missile (SM-
2(N)) or any associated nuclear warhead until 30 calendar days 
after the Secretary of the Navy submits to the Committees on 
Armed Services of the Senate and House of Representatives \53\ 
a report which includes the following information:
---------------------------------------------------------------------------
    \53\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          ((1) A description of the circumstances under which 
        the SM-2(N) would be used and an assessment of likely 
        enemy response (including countermeasures).
          (2) A description of the release procedures and 
        circumstances under which release would be authorized 
        for employment of the SM-2(N).
          (3) An analysis of conventional alternatives to the 
        SM-2(N), including any necessary modification to the 
        SM-2 or alternative to the Standard Missile or warhead, 
        and the associated costs of those alternatives.
          (4) A summary of all studies previously conducted 
        analyzing the impact of the use of nuclear naval 
        surface-to-air missiles on our own vessels and 
        electronics.
          (5) A list of all United States ships which may 
        receive the SM-2(N).
          (6) The number of additional conventional armed 
        missiles which could be carried by United States ships 
        if the SM-2(N) were not deployed and the impact on 
        fleet air defense from that reduced conventional load.
          (7) Any plans or programs for the development of a 
        nuclear naval surface-to-air or air-to-air missile for 
        fleet defense other than the SM-2(N).
    (c) Report on Requirements for Special Nuclear Materials.--
(1) Not later than March 1, 1986, the Secretary of Defense and 
the Secretary of Energy, after consultation with the Joint 
Chiefs of Staff and the Director of the Arms Control and 
Disarmament Agency, shall submit a report to the Committees on 
Armed Services of the Senate and House of Representatives \53\ 
detailing the military requirements for special nuclear 
materials through fiscal year 1991. The report shall include 
findings and recommendations concerning--
          (A) requirements for production of plutonium, highly 
        enriched uranium, and other special nuclear materials; 
        and
          (B) the recovery of special nuclear materials for 
        military uses that have been transferred from military 
        uses to civilian research and development uses.
    (2) The report should also--
          (A) address the availability of special nuclear 
        materials to be derived from the retirement of existing 
        nuclear weapons;
          (B) address the feasibility of meeting military needs 
        for special nuclear materials through the blending of 
        high grade and low grade materials stocks;
          (C) assess the impact of new materials separation, 
        purification, and production technologies on nuclear 
        proliferation; and
          (D) contain the views of the Joint Chiefs of Staff 
        and the Director of the Arms Control and Disarmament 
        Agency.
          * * * * * * *

                    Part E--Miscellaneous Provisions

SEC. 1451. SENSE OF CONGRESS ON INTRODUCTION OF ARMED FORCES INTO 
                    NICARAGUA FOR COMBAT

    It is the sense of Congress that United States Armed Forces 
should not be introduced into or over Nicaragua for combat. 
However, nothing in this section shall be construed as 
affecting the authority and responsibility of the President or 
Congress under the Constitution, statutes, or treaties of the 
United States in force.

SEC. 1452. SENSE OF CONGRESS CONCERNING PROTECTION OF UNITED STATES 
                    MILITARY PERSONNEL AGAINST TERRORISM

    (a) Finding.--The Congress finds that the protection of 
members of the Armed Forces against terrorist activity is among 
the highest national security concerns of the United States.
    (b) Sense of Congress.--Therefore, it is the sense of 
Congress that--
          (1) the President should be supported in the vigorous 
        exercise of his powers as Commander-in-Chief to protect 
        members of the Armed Forces against terrorist activity; 
        and
          (2) such exercise of power should include the use of 
        such measures as may be appropriate and consistent with 
        law.

SEC. 1453. READINESS OF SPECIAL OPERATIONS FORCES

    (a) Congressional Findings.--The Congress finds that--
          (1) the first duty of the Government is to provide 
        for the common defense, including safeguarding the 
        peace, safety, and security of the citizens of the 
        United States;
          (2) the incidence of terrorist, guerrilla, and other 
        violent threats to citizens and property of the United 
        States has rapidly increased;
          (3) the special operations forces of the Armed Forces 
        provide the United States with immediate and primary 
        capability to respond to terrorism; and
          (4) the special operations forces are the military 
        mainstay of the United States for the purposes of 
        nation-building and training friendly foreign forces in 
        order to preclude deployment or combat involving the 
        conventional or strategic forces of the United States.
    (b) Sense of the Congress.--In view of the findings in 
subsection (a), it is the sense of the Congress that--
          (1) the revitalization of the capability of the 
        special operations forces of the Armed Forces should be 
        pursued as a matter of the highest priority;
          (2) personnel and other resources allocations should 
        reflect the priority referred to in paragraph (1);
          (3) the political and military sensitivity and the 
        importance to national security of the special 
        operations forces require that the Office of the 
        Secretary of Defense should improve its management 
        supervision of such forces in all aspects of the 
        special operations mission area;
          (4) the joint command and control of the special 
        operations forces must permit direct and immediate 
        access by the President and Secretary of Defense; and
          (5) the commanders-in-chief of the unified commands 
        should have available, within their operational areas 
        of responsibility, sufficient special operations assets 
        to execute the operations plans for which they are 
        responsible or to support additional contingency 
        operations directed from the national level.
          * * * * * * *
           ee. Department of Defense Authorization Act, 1985

Partial text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, Approved 
October 19, 1984 as amended by Public Law 99-145 [Department of Defense 
  Authorization Act, 1986; S. 1160], 99 Stat. 619, Public Law 99-661 
[National Defense Authorization Act for Fiscal Year 1987, S. 2368] 100 
 Stat. 3816, approved November 14, 1986; Public Law 100-456 [National 
  Defense Authorization Act, Fiscal Year 1989; H.R. 4481], 102 Stat. 
1918, approved September 29, 1988; Public Law 101-189 [National Defense 
Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat. 
1352, approved November 29, 1989; Public Law 101-510 [National Defense 
  Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, 
    approved November 5, 1990; Public Law 102-190 [National Defense 
Authorization Act for Fiscal Years 1992 and 1993, H.R. 2100], 105 Stat. 
 1290, approved December 5, 1991; Public Law 102-484 [National Defense 
  Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, 
    approved October 23, 1992; Public Law 103-160 [National Defense 
  Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, 
   approved November 30, 1993; Public Law 103-337 [National Defense 
   Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
    approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
   approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, 
                        approved October 5, 1999

    AN ACT To authorize appropriations for fiscal year 1985 for the 
military functions of the Department of Defense, to prescribe military 
 personnel levels for that fiscal year for the Department of Defense, 
                        and for other purposes.

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

                          TITLE I--PROCUREMENT

          * * * * * * *

 authorization of appropriations for certain nato cooperative programs

    Sec. 105. (a) Funds are hereby authorized to be 
appropriated for fiscal year 1985 for activities of the Under 
Secretary of Defense for Research and Engineering for 
acquisition in connection with cooperative programs of the 
North Atlantic Treaty Organization as follows:
          For acquisition of the Patriot missile system for the 
        Federal Republic of Germany, $150,000,000.
          For acquisition of point air defense of United States 
        airbases in the Federal Republic of Germany, 
        $65,000,000.
          For acquisition of point air defense of United States 
        airbases and other critical United States military 
        facilities in Italy, $15,000,000.
          For acquisition of point air defense for ground-
        launched cruise missile bases in Europe, $10,000,000.
          For acquisition of point air defense of United States 
        airbases in Turkey, $10,000,000.
    (b) None of the amounts appropriated pursuant to the 
authorizations in subsection (a) may be obligated--
          (1) for implementation of a cooperative program until 
        the Secretary of Defense submits to the Committees on 
        Armed Services of the Senate and House of 
        Representatives \1\ a copy of each government-to-
        government agreement relating to that program; or
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
---------------------------------------------------------------------------
          (2) for acquisitions in connection with a NATO 
        cooperative program in which the financial obligations 
        of the United States exceed the collective financial 
        obligations of European countries in connection with 
        such program.
          * * * * * * *

 limitation on waivers of cost-recovery requirements under arms export 
                              control act

    Sec. 107.\2\ The authority of the President under section 
21(e)(2) of the Arms Export Control Act may be exercised 
without regard to the limitation imposed by section 762A of the 
Department of Defense Appropriations Act, 1984 (Public Law 98-
212).
---------------------------------------------------------------------------
    \2\ Although secs. 107 and 108 lifted these restrictions concerning 
certain provisions of the Arms Export Control Act as they applied 
during fiscal year 1984, similar restrictions were reenacted as secs. 
8036 and 8055 of the Department of Defense Appropriation Act, 1986.
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         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.
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    \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.
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    (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.
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          * * * * * * *
           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.
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         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.
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          (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.
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    \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).
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    (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.
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    (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:
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    \3\ Sec. 702 amended Public Law 84-1028 (Restrictions on Disposal 
of Naval Vessels; 70A Stat. 1).
---------------------------------------------------------------------------
    ``(e) Notwithstanding any other provision of law, the 
conduct by the Department of the Navy of training operations at 
the Culebra complex involving the firing of any shells, 
missiles, or other projectiles from ships or the dropping of 
any bombs, strafing, firing of rockets or missiles, or the 
launching of any other projectiles from aircraft at Culebra or 
at any keys within three nautical miles thereof is prohibited 
during any period of time that the negotiations required by 
subsection (b) have been ended on the initiative of the United 
States Government prior to the conclusion of a satisfactory 
agreement. In the conduct of the negotiations required by 
subsection (b) the Secretary of the Navy shall not agree to any 
relocation of training operations from the Island of Culebra 
which would be rendered ineffective by any international 
agreement on the law of the sea which may become international 
law within three years after the date of the enactment of this 
Act.''
          * * * * * * *
    Sec. 707. (a) No funds authorized to be appropriated by 
this or any other Act may be obligated under a contract entered 
into by the Department of Defense after the date of the 
enactment of this Act for procurement of goods which are other 
than American goods unless, under regulations of the Secretary 
of Defense and subject to the determinations and exceptions 
contained in title III of the Act of March 3, 1933, as amended 
(47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy 
American Act, there is adequate consideration given to--
          (1) the bids or proposals of firms located in labor 
        surplus areas in the United States as designated by the 
        Department of Labor which have offered to furnish 
        American goods;
          (2) the bids or proposals of small business firms in 
        the United States which have offered to furnish 
        American goods;
          (3) the bids or proposals of all other firms in the 
        United States which have offered to furnish American 
        goods;
          (4) the United States balance of payments;
          (5) the cost of shipping goods which are other than 
        American goods; and
          (6) any duty, tariff, or surcharge which may enter 
        into the cost of using goods which are other than 
        American goods.
    (b) For purposes of this section, the term ``goods which 
are other than American goods'' means (1) an end product which 
has not been mined, produced, or manufactured in the United 
States, or (2) an end product manufactured in the United States 
but the cost of the components thereof which are not mined, 
produced, or manufactured in the United States exceeds the cost 
of components mined, produced, or manufactured in the United 
States.
          * * * * * * *
    Sec. 709.\4\ * * * [Repealed--1993]
---------------------------------------------------------------------------
    \4\ Formerly at 50 U.S.C. 2403-1. Sec. 709, relating to technology 
transfer to a controlled country, was repealed by sec. 202(b) of the 
FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322).
---------------------------------------------------------------------------
          * * * * * * *
           jj. Armed Forces Appropriation Authorization, 1971

Partial text of Public Law 91-441 [H.R. 17123], 84 Stat. 909, approved 
October 7, 1970, as amended by Public Law 95-79 [Department of Defense 
Appropriation Authorization Act, 1978; H.R. 5970], 91 Stat. 323 at 334, 
                         approved July 30, 1977

  AN ACT To authorize appropriations during the fiscal year 1971 for 
 procurement of aircraft, missiles, naval vessels, and tracked combat 
   vehicles, and other weapons, and research, development, test, and 
     evaluation for the Armed Forces, and to authorize real estate 
  acquisition and construction at certain installations in connection 
 with the Safeguard antiballistic missile system, and to prescribe the 
 authorized personnel strength of the Selected Reserve of each Reserve 
         component of the Armed Forces, and for other purposes.

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

          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Congress views with grave concern the 
deepening involvement of the Soviet Union in the Middle East 
and the clear and present danger to world peace resulting from 
such involvement which cannot be ignored by the United States. 
In order to restore and maintain the military balance in the 
Middle East, by furnishing to Israel for means of providing for 
its own security, the President is authorized to transfer to 
Israel, by sale, credit sale, or guaranty, such aircraft, and 
equipment appropriate to use, maintain, and protect such 
aircraft, as may be necessary to counteract any past, present, 
or future increased military assistance provided to other 
countries of the Middle East. Any such sale, credit sale, or 
guaranty shall be made on terms and conditions not less 
favorable than those extended to other countries which receive 
the same or similar types of aircraft and equipment. The 
authority contained in the second sentence of this section 
shall expire September 30, 1972.\1\ In any case in which 
aircraft or other equipment is transferred under authority of 
this section and such aircraft or equipment is taken from the 
inventory of the Armed Forces of the United States or is 
scheduled to be included in such inventory, the Secretary of 
Defense shall, as soon as practicable and as authorized
---------------------------------------------------------------------------
    \1\ Sec. 807 of Public Law 95-79 (Department of Defense 
Appropriation Authorization Act, 1978; 91 Stat. 323 at 334) provided 
the following extension:
    ``Notwithstanding any other provision of law, the authority 
provided in section 501 of Public Law 91-441 (84 Stat. 909) is hereby 
extended until October 1, 1979; but no transfer of aircraft or other 
equipment may be made under the authority of such section 501 unless 
funds have been previously appropriated for such transfer.''.
---------------------------------------------------------------------------
by law, restock the inventory of the Armed Forces of the United 
States with equivalent quantities of aircraft and other 
equipment so transferred.\2\
---------------------------------------------------------------------------
    \2\ The last sentence in sec. 501 was added by sec. 807(b) of the 
Department of Defense Appropriation Authorization Act, 1978 (Public Law 
95-79; 91 Stat. 334).
---------------------------------------------------------------------------
          * * * * * * *
kk. Authorization for an Improved U.S./Soviet Direct Communication Link

  Public Law 99-85 [S.J. Res. 108], 99 Stat. 286, approved August 8, 
 1985; amended by Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 
                 Stat. 2317, approved December 17, 1993

JOINT RESOLUTION \1\ Authorizing the Secretary of Defense to provide to 
   the Soviet Union, on a reimbursable basis, equipment and services 
  necessary for an improved United States/Soviet Direct Communication 
                        Link for crisis control.

Whereas section 1123(a) of the Department of Defense 
    Authorization Act, 1983 (Public Law 97-252), directed the 
    Secretary of Defense ``to conduct a full and complete study 
    and evaluation of possible initiatives for improving the 
    containment and control of the use of nuclear weapons, 
    particularly during crises;
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
Whereas the Congress directed that the same study should 
    address several specific measures for building confidence 
    between the United States and the Soviet Union, including 
    an improved Direct Communications Link for crisis control;
Whereas the Secretary of Defense responded to that 
    congressional mandate with a report entitled ``Report to 
    the Congress on Direct Communications Links and Other 
    Measures to Enhance Stability'' in which the Secretary 
    proposed several improvements to existing United States-
    Soviet mechanisms for the prevention and resolution of 
    crises, including the addition of a facsimile capability to 
    the United States/Soviet Union Direct Communications Link;
Whereas the President of the United States presented the 
    recommendations of the Secretary of Defense to the 
    Government of the Soviet Union in May 1983;
Whereas the United States and the Soviet Union commenced 
    negotiations on bilateral communications improvements in 
    August 1983, and on July 17, 1984, concluded the Exchange 
    of Notes Between the United States of America and the Union 
    of Soviet Socialist Republics Concerning the Direct 
    Communications Link Upgrade in which the two governments 
    agreed to add a facsimile capability to the Direct 
    Communications Link;
Whereas the Congress endorses that agreement and remains 
    committed to all possible measures to facilitate the 
    resolution of international crises and to limit the danger 
    of conflict;
Whereas the Secretary of Defense is responsible for the 
    installation, maintenance, and operation of the Direct 
    Communications Link equipment for the United States; and
Whereas the Exchange of Notes Between the United States of 
    America and the Union of Soviet Socialist Republics 
    Concerning the Direct Communications Link Upgrade provides 
    that the United States Government will provide to the Union 
    of Soviet Socialist Republics, at cost, the equipment and 
    services necessary for the Soviet Union part of the 
    improved Direct Communications Link: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Secretary of Defense may provide to Russia,\2\ as provided in 
the Exchange of Notes Between the United States of America and 
the Union of Soviet Socialist Republics Concerning the Direct 
Communications Link Upgrade, concluded on July 17, 1984, such 
equipment and services as may be necessary to upgrade or 
maintain the Russian part \3\ of the Direct Communications Link 
agreed to in the Memorandum of Understanding between the United 
States and the Soviet Union signed June 20, 1963. The Secretary 
shall provide such equipment and services to Russia \2\ at the 
cost thereof to the United States.
---------------------------------------------------------------------------
    \2\ Sec. 404(a)(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2325) struck out ``to the Soviet Union'' and inserted in lieu 
thereof ``to Russia''.
    \3\ Sec. 404(a)(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2325) struck out ``Soviet Union part'' and inserted in lieu 
thereof ``Russian part''.
---------------------------------------------------------------------------
    Sec. 2. (a) The Secretary of Defense may use any funds 
available to the Department of Defense for the procurement of 
the equipment and providing the services referred to in the 
first section.
    (b) Funds received from Russia \4\ as payment for such 
equipment and services shall be credited to the appropriate 
account of Department of Defense.
---------------------------------------------------------------------------
    \4\ Sec. 404(a)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2325) struck out ``the Soviet Union'' and inserted in lieu 
thereof ``Russia''. Sec. 404(b) of that Act, however, provided that 
``The amendment made by subsection (a)(2) does not affect the 
applicability of section 2(b) of that joint resolution to funds 
received from the Soviet Union.''.
    4. 10 U.S.C. 7307--Disposal to Foreign Nations of Naval Vessels

                      Chapter 633.--NAVAL VESSELS

          * * * * * * *

Sec. Sec. 7307.\1\ Disposals to foreign nations

    (a) Larger or Newer Vessels.--A naval vessel that is in 
excess of 3,000 tons or that is less than 20 years of age may 
not be disposed of to another nation (whether by sale, lease, 
grant, loan, barter, transfer, or otherwise) unless the 
disposition of that vessel is approved by law enacted after 
August 5, 1974. A lease or loan of such a vessel under such a 
law may be made only in accordance with the provisions of 
chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et 
seq.) or chapter 2 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2311 et seq.).
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 7307 was originally enacted in Public Law 84-1028 
(70A Stat. 1; August 10, 1956), and in its earlier form was amended by 
Public Law 93-365 (88 Stat. 399); Public Law 94-457 (90 Stat. 1938); 
Public Law 96-513 (94 Stat. 2835); Public Law 99-83 (99 Stat. 190); and 
by Public Law 101-510 (104 Stat. 1704).
    Sec. 824(b) of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160; 107 Stat. 1708) amended and restated 10 
U.S.C. 7307.
    For recent authorizations of transfers of naval vessels, see:
---------------------------------------------------------------------------

  --Sec. 1025 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1877);

  --Sec. 1235 of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2157);

  --Sec. 8110 of the Department of Defense Appropriations Act, 1999 (Public 
Law 105-262; 112 Stat. 2323);

  --Sec. 1018 of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106-65; 113 Stat. 744);

  --Title XII of the Security Assistance Act of 1999 (Public Law 106-113; 
113 Stat. 1537-501);

  --Title VI of the Security Assistance Act of 2000 (Public Law 106-280; 
114 Stat. 859);

  --Title XVII of the Security Assistance Act of 2002 (Public Law 107-228; 
116 Stat. 1463);

  --Sec. 1013 of the Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2040); and

  --Naval Vessels Transfer Act of 2005 (Public Law 109-134; 119 Stat. 2575; 
approved December 20, 2005).

    (b) Other Vessels.--(1) A naval vessel not subject to 
subsection (a) may be disposed of to another nation (whether by 
sale, lease, grant, loan, barter, transfer, or otherwise) in 
accordance with applicable provisions of law, but only after--
          (A) the Secretary of the Navy notifies the Committee 
        on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives \2\ in 
        writing of the proposed disposition; and
---------------------------------------------------------------------------
    \2\ Sec. 1502(a)(1) of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 502) struck out 
``Committees on Armed Services of the Senate and House of 
Representatives'' and inserted in lieu thereof ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives''. Sec. 1067(1) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
774) subsequently struck out ``Committee on National Security'' and 
inserted in lieu thereof ``Committee on Armed Services''.
---------------------------------------------------------------------------
          (B) 30 days of continuous session of Congress have 
        expired following the date on which such notice is sent 
        to those committees.
    (2) For purposes of paragraph (1)(B), the continuity of a 
session of Congress is broken only by an adjournment of the 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than 3 days to a day 
certain are excluded in the computation of such 30-day period.


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                              Executed Public Laws Relating to the Transfer of Naval Vessels
 
                           a. Netherlands--P.L. 82-510 [S. 3337], 66 Stat. 587, approved July 11, 1952.
                           b. Italy and France; Far Eastern and European Nations--P.L. 83-188 [S. 2277], 67 Stat. 363, approved
                          Aug. 5, 1953, as amended by P.L. 84-948 [H.R. 11613], 70 Stat. 967, approved Aug. 3, 1956.
                           c. Turkey--P.L. 83-214 [S. 2539], 67 Stat. 471, approved Aug. 7, 1953.
                           d. Brazil--P.L. 84-484 [H.R. 8100], 70 Stat. 105, approved Apr. 6, 1956.
                           e. Netherlands and Venezuela--P.L. 85-220 [H.R. 6952], 71 Stat. 495, approved Aug. 29, 1957.
                           f. NATO and the European Area; the Latin American and Far Eastern Areas--P.L. 85-532 [S. 3506], 72
                          Stat. 376; 50 U.S.C. App. 1878e-1878i, approved July 18, 1958.
                           g. Italy, Turkey, and the Republic of China--P.L. 86-57 [H.R. 3366], 73 Stat. 90; 50 U.S.C. App.
                          1878j-1878l, approved June 23, 1959.
                           h. Republic of China--P.L. 86-482 [H.R. 9465], 74 Stat. 153; 50 U.S.C. App. 1878m-1878p, approved
                          June 1, 1960.
                           i. Portugal, Spain, NATO, Southern Asia, and the Far Eastern Area--P.L. 87-387 [H.R. 7726], 75 Stat.
                          815; 50 U.S.C. App. 1878q-1878x, approved Oct. 4, 1961.
                           j. Argentina, Brazil, China, Germany, Greece, Italy, Japan, The Netherlands, Peru, Spain, Thailand,
                          and Turkey--P.L. 88-437 [H.R. 11035], 78 Stat. 444; 50 U.S.C. App. 1878y-1878bb, approved Aug. 14,
                          1964.
                           k. Italy, Spain, Argentina, Brazil, Turkey, and the Philippines--P.L. 89-324 [H.R. 7812], 79 Stat.
                          1214; 50 U.S.C. App. 1878cc-1878mm, approved Nov. 5, 1965.
                           l. Republic of China--P.L. 89-398 [H.R. 7813], 80 Stat. 121; 50 U.S.C. App. 1878nn-1878ss, approved
                          Apr. 16, 1966.
                           m. Argentina, Brazil, Chile, Colombia, Federal Republic of Germany, Greece, Republic of Korea,
                          Portugal, Spain, and Peru--P.L. 90-224 [H.R. 6167], 81 Stat. 729; 50 U.S.C. App. 1878tt-1878xx
                          approved Dec. 26, 1967.
                           n. Greece, Pakistan, Republic of Vietnam, and Turkey--P.L. 91-682 [H.R. 15728], 84 Stat. 2066; 50
                          U.S.C. App. 1878yy-1878zz-3, approved Jan. 12, 1971.
                           o. Spain, Turkey, Greece, Republic of Korea and Italy--P.L. 92-270 [H.R. 9526], 86 Stat. 118; 50
                          U.S.C. App. 1878zz-4--1878zz-8, approved Apr. 6, 1972.
                           p. Argentina, Republic of China, Colombia, Germany, Greece, Iran, Republic of Korea, Pakistan, the
                          Philippines, Spain, and Venezuela--P.L. 94-457 [S. 3734], 90 Stat. 1938, approved Oct. 5, 1976.
                           q. Brazil, Colombia, Ecuador, Greece, Indonesia, Republic of Korea, Mexico, Peru, Philippines, and
                          Spain--P.L. 96-150 [H.R. 5163], 93 Stat. 1091, approved Dec. 20, 1979.
                           r. Colombia, Dominican Republic, Mexico, Pakistan, Turkey--P.L. 97-342 [H.R. 7115], 96 Stat. 1641,
                          approved Oct. 15, 1982.
                           s. Taiwan--P.L. 99-661 [S. 2638], 100 Stat. 4005, approved Nov. 14, 1986.
                           t. Philippines--P.L. 101-44 [H.R. 2344], 103 Stat. 96, approved June 30, 1989.
                           u. Brazil--P.L. 101-172 [H.R. 3544], 103 Stat. 1291, approved Nov. 22, 1989.
                           v. Brazil--P.L. 101-568 [S. 3215], 104 Stat. 2804, approved Nov. 15, 1990.
                           w. Greece--P.L. 102-91 [H.R. 2901], 105 Stat. 472, approved Aug. 14, 1991.
                           x. Greece, Taiwan--P.L. 102-322 [H.R. 5412], 106 Stat. 443, approved July 19, 1992.
                           y. Argentina, Australia, Chile, Greece, Taiwan, Turkey--P.L. 103-54 [H.R. 2561], 107 Stat. 274,
                          approved July 28, 1993.
                           z. Brazil, Egypt, Morocco, Oman, Spain, Taiwan, Thailand, Turkey, Venezuela--P.L. 103-174 [H.R.
                          3741], 107 Stat. 2000, approved Dec. 2, 1993.
                           aa. Australia, Brazil, Morocco, Spain--P.L. 103-295 [H.R. 4426], 108 Stat. 1462, approved Aug. 12,
                          1994.
                           bb. Argentina, Chile, Malaysia, Spain, Taiwan, Venezuela--P.L. 103-378 [H.R. 5155], 108 Stat. 3508,
                          approved Oct. 19, 1994.
                           cc. Egypt, Mexico, New Zealand, Portugal, Taiwan,, Thailand--P.L. 104-164 [H.R. 3121], 110 Stat.
                          1421, approved July 21, 1996.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


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


                      B. AGRICULTURAL COMMODITIES

                                CONTENTS

                                                                   Page

                                                                       
1. Agricultural Trade Development and Assistance.................  1349
      a. Agricultural Trade Development and Assistance Act of 
          1954, as amended (Public Law 480)......................  1349
      b. Farm Security and Rural Investment Act of 2002 (Public 
          Law 107-171) (partial text)............................  1402
      c. Federal Agriculture Improvement and Reform Act of 1996 
          (Public Law 104-127) (partial text)....................  1418
      d. Enterprise for the Americas Initiative Act of 1992 
          (Public Law 102-532) (partial text)....................  1420
      e. Food, Agriculture, Conservation, and Trade Act of 1990 
          (Public Law 101-624) (partial text)....................  1423
      f. Agricultural Development and Trade Act of 1990 (title XV 
          of Public Law 101-624).................................  1428
      g. Agricultural Act of 1949 (Public Law 81-439) (partial 
          text)..................................................  1439
      h. Agriculture, Rural Development, Food and Drug 
          Administration, and Related Agencies Appropriations 
          Act, 2006 (Public Law 109-97) (partial text)...........  1449
      i. Food Security Act of 1985 (Public Law 99-198) (partial 
          text)..................................................  1453
      j. President's Emergency Food Assistance Act of 1984 (title 
          III of Public Law 98-473)..............................  1472
      k. Agricultural Exports (Public Law 98-258) (partial text).  1474
      l. Food and Agriculture Act of 1977 (Public Law 95-113) 
          (partial text).........................................  1476
      m. Extension of Agricultural Trade Development and 
          Assistance Act of 1954, as amended (Public Law 85-931) 
          (partial text).........................................  1478
      n. Implementation of the Agricultural Trade Development and 
          Assistance Act of 1954, as Amended, and the Food for 
          Progress Act of 1985, as Amended (Executive Order 
          12752).................................................  1480
      o. Assigning Foreign Affairs Functions and Implementing the 
          Enterprise for the Americas Initiative and the Tropical 
          Forest Conservation Act (Executive Order 13345)........  1483
2. Agricultural Trade............................................  1486
      a. Agricultural Competitiveness and Trade Act of 1988 
          (Public Law 100-418) (partial text)....................  1486
      b. Agricultural Trade Act of 1978 (Public Law 95-501)......  1500
3. Agricultural Act of 1980 and Related Material.................  1531
      a. Agricultural Trade Suspension Adjustment Act of 1980 
          (title II of Public Law 96-494) (partial text).........  1531
      b. Bill Emerson Humanitarian Trust Act (title III of Public 
          Law 96-494)............................................  1539
      c. Food Security Wheat Reserve (Executive Order 12266).....  1544
4. National Agricultural Research, Extension, and Teaching Policy 
    Act of 1977 (Public Law 95-113) (partial text)...............  1545
5. Agriculture and Food Act of 1981 (Public Law 97-98) (partial 
    text)........................................................  1551
6. International Carriage of Perishable Foodstuffs Act (Public 
    Law 97-325)..................................................  1557
7. Pesticide Monitoring Improvements (Public Law 100-418) 
    (partial text)...............................................  1561

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

      
            1. Agricultural Trade Development and Assistance

   a. Agricultural Trade Development and Assistance Act of 1954, as 
                        amended (Public Law 480)

                                CONTENTS

                                                                   Page

Section 1--Short Title...........................................  1352
Section 2--United States Policy..................................  1352
Section 3--Food Aid to Developing Countries......................  1353
Title I--Trade and Development Assistance........................  1353
    Section 101--Trade and Development Assistance................  1353
    Section 102--Agreements Regarding Eligible Countries and 
      Private Entities...........................................  1354
    Section 103--Terms and Conditions of Sales...................  1355
    Section 104--Use of Local Currency Payment...................  1357
Title II--Emergency and Private Assistance Programs..............  1358
    Section 201--General Authority...............................  1358
    Section 202--Provision of Agricultural Commodities...........  1359
    Section 203--Generation and Use of Currencies By Private 
      Voluntary Organizations and Cooperatives...................  1362
    Section 204--Levels of Assistance............................  1363
    Section 205--Food Aid Consultative Group.....................  1364
    Section 207--Administration..................................  1365
    Section 208--Assistance for Stockpiling and Rapid 
      Transportation, Delivery, and Distribution of Shelf-Stable 
      Prepackaged Foods..........................................  1367
Title III--Food for Development..................................  1368
    Section 301--Bilateral Grant Program.........................  1368
    Section 302--Eligible Countries..............................  1368
    Section 303--Grant Programs..................................  1369
    Section 304--Direct Uses or Sales of Commodities.............  1369
    Section 305--Local Currency Accounts.........................  1370
    Section 306--Use of Local Currency Proceeds..................  1370
Title IV--General Authorities and Requirements...................  1372
    Section 401--Commodity Determinations........................  1372
    Section 402--Definitions.....................................  1372
    Section 403--General Provisions..............................  1374
    Section 404--Agreements......................................  1376
    Section 405--Consultation....................................  1378
    Section 406--Use of Commodity Credit Corporation.............  1378
    Section 407--Administrative Provisions.......................  1379
    Section 408--Expiration Date.................................  1383
    Section 411--Debt Forgiveness................................  1383
    Section 412--Authorization of Appropriations.................  1384
    Section 413--Coordination of Foreign Assistance Programs.....  1385
    Section 414--Assistance in Furtherance of Narcotics Control 
      Objectives of the United States............................  1385
    Section 415--Micronutrient Fortification Programs............  1386
    Section 416--Use of Certain Local Currency...................  1387
Title V--Farmer-to-Farmer Program................................  1387
    Section 501--John Ogonowski Farmer-to-Farmer Program.........  1387
Title VI--Enterprise for the Americas Initiative.................  1391
    Section 601--Establishment of the Facility...................  1391
    Section 602--Purpose.........................................  1391
    Section 603--Eligibility for Benefits Under the Facility.....  1391
    Section 604--Reduction of Certain Debt.......................  1392
    Section 605--Repayment of Principal..........................  1392
    Section 606--Interest of New Obligations.....................  1392
    Section 607--Environmental Framework Agreements..............  1393
    Section 608--Enterprise for the Americas Environmental Funds.  1394
    Section 609--Disbursement of Environmental Funds.............  1394
    Section 610--Enterprise for the Americas Board...............  1394
    Section 611--Oversight.......................................  1395
    Section 612--Eligible Activities and Grantees................  1395
    Section 613--Encouraging Multilateral Debt Donations.........  1396
    Section 614--Annual Report to Congress.......................  1396
    Section 615--Consultations With Congress.....................  1397
    Section 616--Sale of Qualified Debt to Eligible Countries....  1397
    Section 617--Sale, Reduction, or Cancellation of Qualified 
      Debt to Facilitate Certain Debt Swaps......................  1398
    Section 618--Notification to Congressional Committees........  1399
    Section 619--Definition of Qualified Debt....................  1399
   a. Agricultural Trade Development and Assistance Act of 1954, as 
              amended (Public Law 480) \1\, \2\


---------------------------------------------------------------------------
    \1\ The Agricultural Trade Development and Assistance Act of 1954, 
as amended, was substantially amended and restated by sec. 1512 of 
subtitle A (the ``Mickey Leland Food for Peace Act'') of title XV (the 
``Agricultural Development and Trade Act of 1990'') of Public Law 101-
624 (the ``Food, Agriculture, Conservation, and Trade Act of 1990'').
    Previously, this Act has been restated and amended by sec. 2 of the 
Food for Peace Act of 1966.
    [Note.--In signing the Food for Peace bill on November 11, 1966, 
the President referred to it as the ``Food for Freedom program''.]
    The Food for Peace Act of 1966 was effective as of January 1, 1967, 
except that sec. 4 took effect November 11, 1966.
    See also Africa: Seeds of Hope Act of 1998 (Public Law 105-385; 112 
Stat. 3460), beginning at page 183.
    \2\ Prohibitions against furnishing assistance under this Act are 
contained in subsecs. (i), (j), (n), (s), and (t) of sec. 620 of the 
Foreign Assistance Act of 1961, as amended. For text, see Legislation 
on Foreign Relations Through 2005, vol. I-A. A further prohibition was 
contained in the Agricultural Environmental and Consumer Protection 
Appropriation Act, 1975 (Public Law 93-563; 88 Stat. 1830).
---------------------------------------------------------------------------

    Public Law 83-480 [S. 2475], 68 Stat. 454, 7 U.S.C. 1691-1738r, 
  approved July 10, 1954; as amended by Public Law 84-25 [S. 752], 69 
  Stat. 44, approved April 25, 1955; Public Law 84-387 [S. 2253], 69 
Stat. 721, approved August 12, 1955; Public Law 84-540 [H.R. 10875], 70 
 Stat. 188, approved May 28, 1956; Public Law 84-726 [H.R. 11356], 70 
  Stat. 555, approved July 18, 1956; Public Law 84-962 [S. 3903], 70 
  Stat. 988, approved August 3, 1956; Public Law 85-128 [S. 1314], 71 
 Stat. 345, approved August 13, 1957; Public Law 85-141 [S. 2130], 71 
Stat. 355, approved August 14, 1957; Public Law 85-477 [H.R. 12181], 72 
  Stat. 261, approved June 30, 1958; Public Law 85-931 [S. 3420], 72 
Stat. 1790, approved September 6, 1958; Public Law 86-108 [H.R. 7500], 
 73 Stat. 246, approved July 24, 1959; Public Law 86-341 [H.R. 8609], 
  733 Stat. 606, approved September 21, 1959; Public Law 86-472] H.R. 
   11510], 74 Stat. 134, approved May 14, 1960; Public Law 87-28 [S. 
1027], 75 Stat. 64, approved May 4, 1961; Public Law 87-128 [S. 1643], 
75 Stat. 294, approved August 8, 1961; Public Law 87-195 [S. 1983], 75 
Stat. 424, approved September 4, 1961; Public Law 87-703 [H.R. 12391], 
76 Stat. 605, approved September 27, 1962; Public Law 87-839 [S. 3389], 
   76 Stat. 1074, approved October 18, 1962; Public Law 88-205 [H.R. 
7885], 77 Stat. 379, approved December 16, 1963; Public Law 88-638 [S. 
2687], 78 Stat. 1035, approved October 8, 1964; Public Law 89-106 [H.R. 
 5508], 79 Stat. 431, approved August 4, 1965; Public Law 89-171 [H.R. 
  7750], 79 Stat. 653, approved September 6, 1965; Public Law 89-808 
[H.R. 14929], 80 Stat. 1526, approved November 11, 1966; Public Law 90-
436 [S. 2986], 82 Stat. 450, approved July 29, 1968; Public Law 91-524 
[H.R. 18546], 84 Stat. 1358, approved November 30, 1970; Public Law 92-
 42 [H.R. 1161], 85 Stat. 99, approved July 1, 1971; Public Law 93-86 
 [S. 1888], 87 Stat. 237, approved August 10, 1973; Public Law 94-161 
[H.R. 9005], 89 Stat. 849, approved December 20, 1975; Public Law 95-88 
 [H.R. 6714], 91 Stat. 533, approved August 3, 1977; Public Law 95-113 
[S. 275], 91 Stat. 913, approved September 29, 1977; Public Law 95-424 
   [International Development and Food Assistance Act of 1978, H.R. 
   12222], 92 Stat. 937, approved October 6, 1978; Public Law 96-53 
  [International Development Cooperation Act of 1979, H.R. 3324], 93 
     Stat. 359, approved August 14, 1979; Public Law 96-72 [Export 
  Administration Act of 1979, S. 737], 93 Stat. 503 at 536, approved 
     September 29, 1979; Public Law 96-470 [Congressional Reports 
 Elimination Act of 1980, H.R. 6686], 94 Stat. 2237 at 2246, approved 
    October 19, 1980; Public Law 96-533 [International Security and 
                        Development Cooperation

  Act of 1980, H.R. 6942], 94 Stat. 3131 at 3151, approved December 16, 
   1980; Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274, approved 
   December 22, 1981; Public Law 97-113 [International Security and 
 Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1537, 
       approved December 29, 1981; Public Law 98-473 [Continuing 
   Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837 at 2194, 
  approved October 12, 1984; Public Law 98-623 [H.R. 6342], 98 Stat. 
   3394, approved November 8, 1984, Public Law 99-83 [International 
  Security and Development Cooperation Act of 1985, S. 960], 99 Stat. 
 190, approved August 8, 1985; Public Law 99-198 [Food Security Act of 
1985, H.R. 2100], 99 Stat. 1354, approved December 23, 1985; Public Law 
100-202 [Continuing Appropriations for 1988, H.J. Res. 395], 101 Stat. 
1329, approved December 22, 1987; Public Law 100-418 [Omnibus Trade and 
Competitiveness Act of 1988, H.R. 4848] 102 Stat. 1107, approved August 
  23, 1988; Public Law 100-576 [Bangladesh Disaster Assistance Act of 
1988, H.R. 5389], 102 Stat. 2897, approved October 31, 1988; Public Law 
  101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S. 
 2830], 104 Stat. 3359, approved November 28, 1990; Public Law 102-237 
  [Food, Agriculture, Conservation, and Trade Act Amendments of 1991; 
H.R. 3029], 105 Stat. 1818, approved December 13, 1991; Public Law 102-
 532 [Enterprise for the Americas Initiative Act of 1992; H.R. 4059], 
  106 Stat. 3509, approved October 27, 1992; Public Law 102-549 [Jobs 
   Through Exports Act of 1992; H.R. 4996], 106 Stat. 3651, approved 
 October 28, 1992; Public Law 102-583 [International Narcotics Control 
  Act of 1992; H.R. 6187], 106 Stat. 4914, approved November 2, 1992; 
Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; 
S. 790], 109 Stat. 707, approved December 21, 1995; Public Law 104-127 
 [Federal Agriculture Improvement and Reform Act of 1996; H.R. 2854], 
110 Stat. 888, approved April 4, 1996; Public Law 106-387 [Agriculture, 
 Rural Development, Food and Drug Administration, and Related Agencies 
   Appropriations Act, 2001; H.R. 5416, enacted by reference in H.R. 
 4461], 114 Stat. 1549, approved October 28, 2000; Public Law 106-472 
[Grain Standards and Warehouse Improvement Act of 2000; H.R. 4788], 114 
Stat. 2058, approved November 9, 2000; Public Law 107-76 [Agriculture, 
 Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002; H.R. 2330], 115 Stat. 704, approved November 
28, 2001; Public Law 107-171 [Farm Security and Rural Investment Act of 
2002; H.R. 2646], 116 Stat. 134, approved May 13, 2002; Public Law 108-
 199 [Consolidated Appropriations Act, 2004; H.R. 2673], 118 Stat. 3, 
      approved January 23, 2004; Public Law 108-447 [Consolidated 
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 
8, 2004; Public Law 109-121 [Senator Paul Simon Water for the Poor Act 
     of 2005; H.R. 1973], 119 Stat. 2533, approved December 1, 2005

   AN ACT To increase the consumption of United States agricultural 
 commodities in foreign countries, to improve the foreign relations of 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Agricultural Trade Development and 
Assistance Act of 1954.''

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Agricultural Trade Development 
and Assistance Act of 1954''.

SEC. 2.\3\ UNITED STATES POLICY.

  It is the policy of the United States to use its abundant 
agricultural productivity to promote the foreign policy of the 
United States by enhancing the food security of the developing 
world through the use of agricultural commodities and local 
currencies accruing under this Act to--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 1691.
---------------------------------------------------------------------------
          (1) combat world hunger and malnutrition and their 
        causes;
          (2) promote broad-based, equitable, and sustainable 
        development, including agricultural development;
          (3) expand international trade;
          (4) develop and expand export markets for United 
        States agricultural commodities; \4\
---------------------------------------------------------------------------
    \4\ Sec. 3001 of the Farm Security and Rural Investment Act of 2002 
(Public Law 107-171; 116 Stat. 280) struck out ``and'' at the end of 
para. (4), replaced the period at the end of para. (5) with ``; and'', 
and added para. (6).
---------------------------------------------------------------------------
          (5) foster and encourage the development of private 
        enterprise and democratic participation in developing 
        countries; and
          (6) \4\ prevent conflicts.

SEC. 3.\5\ FOOD AID TO DEVELOPING COUNTRIES.

    (a) Policy.--In light of the Uruguay Round Agreement on 
Agriculture and the Ministerial Decision on Measures Concerning 
the Possible Negative Effects of the Reform Program on Least-
Developed and Net-Food Importing Developing Countries, the 
United States reaffirms the commitment of the United States to 
providing food aid to developing countries.
---------------------------------------------------------------------------
    \5\ 7 U.S.C. 1691a. Sec. 201(a) of Public Law 104-127 (110 Stat. 
951) amended and restated sec. 3. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 3. global food aid needs.
---------------------------------------------------------------------------

    ``In view of the principal findings of the National Research 
Council of the National Academy of Sciences that doubling food aid 
above 1990 levels of about 10,000,000 metric tons per year would be 
necessary to meet projected global food needs throughout the decade of 
the nineties, it is the sense of Congress that the President should--
---------------------------------------------------------------------------

  ``(1) increase the contributions of food aid by the United States, and 
encourage other donor countries to increase their contributions toward 
meeting new food aid requirements; and

  ``(2) encourage other advanced nations to make increased food aid 
contributions to combat world hunger and malnutrition, particularly through 
the expansion of international food and agricultural assistance 
programs.''.

    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should initiate consultations with 
        other donor nations to consider appropriate levels of 
        food aid commitments to meet the legitimate needs of 
        developing countries; and
          (2) the United States should increase its 
        contribution of bona fide food assistance to developing 
        countries consistent with the Agreement on Agriculture.

               TITLE I--TRADE AND DEVELOPMENT ASSISTANCE

SEC. 101.\6\ TRADE AND DEVELOPMENT ASSISTANCE.

  (a) In General.--The President shall establish a program 
under this title to provide for the sale of agricultural 
commodities to developing countries and private entities \7\ 
for dollars on credit terms, or for local currencies (including 
for local currencies on credit terms) for use under this title. 
Such program shall be implemented by the Secretary.
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 1701.
    \7\ Sec. 202 of Public Law 104-127 (110 Stat. 951) struck out 
``developing countries'' and inserted in lieu thereof ``developing 
countries and private entities'' throughout sec. 101.
---------------------------------------------------------------------------
  (b) General Authority.--To carry out the policies and 
accomplish the objectives described in section 2, the Secretary 
may negotiate and execute agreements with developing countries 
and private entities \7\ to finance the sale and exportation of 
agricultural commodities to such countries and entities.\8\
---------------------------------------------------------------------------
    \8\ Sec. 202 of Public Law 104-127 (110 Stat. 951) inserted ``and 
entities'' at the end of the sentence.
---------------------------------------------------------------------------

SEC. 102.\9\ AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE 
                    ENTITIES.

    (a) Priority.--In selecting agreements to be entered into 
under this title, the Secretary shall give priority to 
agreements providing for the export of agricultural commodities 
to developing countries that--
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 1702. Sec. 203 of Public Law 104-127 (110 Stat. 951) 
amended and restated sec. 102. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 102. eligible countries.
---------------------------------------------------------------------------

    ``(a) In General.--A country shall be considered to be a developing 
country and eligible for assistance under this title if such country 
has a shortage of foreign exchange earnings and has difficulty meeting 
all of its food needs through commercial channels, as determined by the 
Secretary.
    ``(b) Priority.--In determining whether and to what extent 
agricultural commodities will be made available to developing countries 
under this title, the Secretary shall give priority to developing 
countries that--
---------------------------------------------------------------------------

  ``(1) demonstrate the greatest need for food;

  ``(2) are undertaking measures for economic development purposes to 
improve food security and agricultural development, alleviate poverty, and 
promote broad-based equitable and sustainable development; and

  ``(3) have the demonstrated potential to become commercial markets for 
competitively priced United States agricultural commodities.''.

          (1) have the demonstrated potential to become 
        commercial markets for competitively priced United 
        States agricultural commodities;
          (2) are undertaking measures for economic development 
        purposes to improve food security and agricultural 
        development, alleviate poverty, and promote broad-based 
        equitable and sustainable development; and
          (3) demonstrate the greatest need for food.
    (b) Private Entities.--An agreement entered into under this 
title with a private entity shall require such security, or 
such other provisions as the Secretary determines necessary, to 
provide reasonable and adequate assurance of repayment of the 
financing extended to the private entity.
    (c) Agricultural Market Development Plan.--
          (1) Definition of Agricultural Trade Organization.--
        In this subsection, the term ``agricultural trade 
        organization'' means a United States agricultural trade 
        organization that promotes the export and sale of a 
        United States agricultural commodity and that does not 
        stand to profit directly from the specific sale of the 
        commodity.
          (2) Plan.--The Secretary shall consider a developing 
        country for which an agricultural market development 
        plan has been approved under this subsection to have 
        the demonstrated potential to become a commercial 
        market for competitively priced United States 
        agricultural commodities for the purpose of granting a 
        priority under subsection (a).
          (3) Requirements.--
                  (A) In general.--To be approved by the 
                Secretary, an agricultural market development 
                plan shall--
                          (i) be submitted by a developing 
                        country or private entity, in 
                        conjunction with an agricultural trade 
                        organization;
                          (ii) describe a project or program 
                        for the development and expansion of a 
                        commercial market for a United States 
                        agricultural commodity in a developing 
                        country, and the economic development 
                        of the country, using funds derived 
                        from the sale of agricultural 
                        commodities received under an agreement 
                        described in section 101;
                          (iii) provide for any matching funds 
                        that are required by the Secretary for 
                        the project or program;
                          (iv) provide for a results-oriented 
                        means of measuring the success of the 
                        project or program; and
                          (v) provide for graduation to the use 
                        of non-Federal funds to carry out the 
                        project or program, consistent with 
                        requirements established by the 
                        Secretary.
                  (B) Agricultural trade organization.--The 
                project or program shall be designed and 
                carried out by the agricultural trade 
                organization.
                  (C) Additional requirements.--An agricultural 
                market development plan shall contain such 
                additional requirements as are determined 
                necessary by the Secretary.
          (4) Administrative costs.--
                  (A) In general.--The Secretary may make funds 
                made available to carry out this title 
                available for the reimbursement of 
                administrative expenses incurred by 
                agricultural trade organizations in developing, 
                implementing, and administering agricultural 
                market development plans, subject to such 
                requirements and in such amounts as the 
                Secretary considers appropriate.
                  (B) Duration.--The funds may be made 
                available to agricultural trade organizations 
                for the duration of the applicable agricultural 
                market development plan.
                  (C) Termination.--The Secretary may terminate 
                assistance made available under this subsection 
                if the agricultural trade organization is not 
                carrying out the approved agricultural market 
                development plan.

SEC. 103.\10\ TERMS AND CONDITIONS OF SALES.

  (a) Payment.--
---------------------------------------------------------------------------
    \10\ 7 U.S.C. 1703.
---------------------------------------------------------------------------
          (1) Dollars.--Except as provided in paragraph (2), 
        agreements under this title shall require that payment 
        for agricultural commodities be made in dollars.
          (2) Local currencies.--
                  (A) In general.--The Secretary may permit 
                \11\ payment under an agreement under this 
                title in the local currency of the appropriate 
                country \12\ in order to use the proceeds from 
                such payments to carry out activities under 
                section 104.
---------------------------------------------------------------------------
    \11\ Sec. 204(1)(A) of Public Law 104-127 (110 Stat. 953) struck 
out ``a recipient country to make'' after ``may permit''.
    \12\ Sec. 204(1)(B) of Public Law 104-127 (110 Stat. 953) struck 
out ``such country'' and inserted in lieu thereof ``the appropriate 
country''.
---------------------------------------------------------------------------
                  (B) Rates of exchange.--Payments in local 
                currency shall be at rates of exchange that are 
                no less favorable than the highest exchange 
                rate legally obtainable in the country and that 
                are no less favorable than the highest exchange 
                rate obtainable by any other country.
  (b) Interest.--Such agreements shall provide that interest 
accrue on the payment deferred under such agreement at a 
concessional rate as determined appropriate by the Secretary.
  (c) Duration.--Payments required under such agreements may be 
made in reasonable annual amounts over the period (not \13\ 
more than 30 years from the date of the last delivery of 
commodities in each year under such agreement) specified in the 
agreement.
---------------------------------------------------------------------------
    \13\ Sec. 204(2) of Public Law 104-127 (110 Stat. 953) struck out 
``less than 10 nor'' after ``(not''.
---------------------------------------------------------------------------
  (d) Deferral of Payments.--The Secretary may defer the date 
on which the developing country or private entity \14\ is 
required to begin making payment, under such agreements, for a 
period of not in excess of 5 \15\ years after the date of the 
last delivery of commodities in each year under the agreement, 
and interest shall be computed from the date of such last 
delivery.
---------------------------------------------------------------------------
    \14\ Sec. 204(3)(A) of Public Law 104-127 (110 Stat. 953) struck 
out ``recipient country'' and inserted in lieu thereof ``developing 
country or private entity''.
    \15\ Sec. 204(3)(B) of Public Law 104-127 (110 Stat. 953) struck 
out ``7'' and inserted in lieu thereof ``5''.
---------------------------------------------------------------------------
  (e) Delivery of Commodities.--Delivery of the commodities 
shall be made in accordance with the terms of the agreement.


          Note.--See 31 U.S.C. 1306, use of foreign currencies, 
        in Legislation on Foreign Relations Through 2005, vol. 
        I-A.
          Section 507 of the Public Works for Water, Pollution 
        Control, and Power Development and Atomic Energy 
        Commission Appropriation Act, 1970 (Public Law 91-144; 
        83 Stat. 338), provided as follows:
          ``Pursuant to section 1415 of the Act of July 15, 
        1952 (66 Stat. 662), foreign credits (including 
        currencies) owed to or owned by the United States may 
        be used by Federal agencies for any purpose for which 
        appropriations are made for the current fiscal year 
        (including the carrying out of Acts requiring or 
        authorizing the use of such credits), only when 
        reimbursement therefor is made to the Treasury from 
        applicable appropriations of the agency concerned: 
        Provided, That such credits received as exchange 
        allowances or proceeds of sales of personal property 
        may be used in whole or part payment for acquisition of 
        similar items, to the extent and in the manner 
        authorized by law, without reimbursement to the 
        Treasury.''.



SEC. 104.\16\ USE OF LOCAL CURRENCY PAYMENT.

  (a) In General.--Agreements under this title may provide that 
the Secretary shall use payments made in local currencies by 
the developing country or private entity \17\ in accordance 
with this section.
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    \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''.
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  (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:
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    \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''.
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          (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''.
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          (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.
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    \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--
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  ``(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.
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    ``(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--
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    \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--
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  ``(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.''.
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          (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''.
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          (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''.
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                  (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.
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    \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''.
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  (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.
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    \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''.
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  (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''.
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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\
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    \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\
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    \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).
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  (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)''.
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  (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).
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          (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.
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    ``(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''.
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                    TITLE III--FOOD FOR DEVELOPMENT

SEC. 301.\69\ BILATERAL GRANT PROGRAM.

  (a) In General.--The President shall establish a program 
under which agricultural commodities are donated in accordance 
with this title to least developed countries. The revenue 
generated by the sale of such commodities in the recipient 
country may be utilized for economic development activities. 
Such program shall be implemented by the Administrator.
---------------------------------------------------------------------------
    \69\ 7 U.S.C. 1727.
---------------------------------------------------------------------------
  (b) General Authority.--To carry out the policies and 
accomplish the objectives described in section 2, the 
Administrator may negotiate and execute agreements with least 
developed countries to provide commodities to such countries on 
a grant basis.

SEC. 302.\70\ ELIGIBLE COUNTRIES.

  (a) Least Developed Countries.--A country shall be considered 
to be a least developed country and eligible for the donation 
of agricultural commodities under this title if--
---------------------------------------------------------------------------
    \70\ 7 U.S.C. 1727a.
---------------------------------------------------------------------------
          (1) such country meets the poverty criteria 
        established by the International Bank for 
        Reconstruction and Development for Civil Works 
        Preference for providing financial assistance; or
          (2) such country is a food deficit country and is 
        characterized by high levels of malnutrition among 
        significant numbers of its population, as determined by 
        the Administrator under subsection (b).
  (b) Indicators of Food Deficit Countries.--To make a finding 
under subsection (a)(2) that a country is a food deficit 
country and is characterized by high levels of malnutrition, 
the Administrator must determine that the country meets all of 
the following indicators of national food deficit and 
malnutrition:
          (1) Calorie consumption.--That the daily per capita 
        calorie consumption of the country is less than 2300 
        calories.
          (2) Food security requirements.--That the country 
        cannot meet its food security requirements through 
        domestic production or imports due to a shortage of 
        foreign exchange earnings.
          (3) Child mortality rate.--That the mortality rate of 
        children under 5 years of age in the country is in 
        excess of 100 per 1000 births.
  (c) Priority.--In determining whether and to what extent 
agricultural commodities shall be made available to least 
developed countries under this title, the Administrator shall 
give priority to countries that--
          (1) demonstrate the greatest need for food;
          (2) demonstrate the capacity to use food assistance 
        effectively;
          (3) have demonstrated a commitment to policies to 
        promote food security, including policies to reduce 
        measurably hunger and malnutrition through efforts such 
        as establishing and institutionalizing supplemental 
        nutrition programs targeted to reach those who are 
        nutritionally at risk; and
          (4) have a long-term plan for broad-based, equitable, 
        and sustainable development.

SEC. 303.\71\ GRANT PROGRAMS.

  To carry out the policies and accomplish the objectives 
described in section 2, the Administrator may negotiate and 
execute agreements with least developed countries to provide 
commodities to such countries on a grant basis either through 
the Commodity Credit Corporation or through private trade 
channels.
---------------------------------------------------------------------------
    \71\ 7 U.S.C. 1727b.
---------------------------------------------------------------------------

SEC. 304.\72\ DIRECT USES OR SALES OF COMMODITIES.

  Agricultural commodities provided to a least developed 
country under this section--
---------------------------------------------------------------------------
    \72\ 7 U.S.C. 1727c.
---------------------------------------------------------------------------
          (1) may be used in such country for--
                  (A) direct feeding programs, including 
                programs that include activities that deal 
                directly with the special health needs of 
                children and mothers consistent with section 
                104(c)(2) of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2151b(c)(2)), relating to the Child 
                Survival Fund; or
                  (B) the development of emergency food 
                reserves; or
          (2) may be sold in such country by the government of 
        the country or the Administrator (or their designees) 
        as provided in the agreement, and the proceeds of such 
        sale used in accordance with this title.

SEC. 305.\73\ LOCAL CURRENCY ACCOUNTS.

  (a) Retention of Proceeds.--To the extent determined to be 
appropriate by the Administrator, revenues generated from the 
sale, under section 304(2), of agricultural commodities 
provided under this title shall be deposited into a separate 
account (that may be interest bearing) in the recipient country 
to be disbursed for the benefit of such country in accordance 
with local currency agreements entered into between the 
recipient country and the Administrator. The Administrator may 
determine not to deposit such revenues in a separate account 
if--
---------------------------------------------------------------------------
    \73\ 7 U.S.C. 1727d.
---------------------------------------------------------------------------
          (1) local currencies are to be programmed for 
        specific economic development purposes listed in 
        section 306(a); and
          (2) the recipient country programs an equivalent 
        amount of money for such purposes as specified in an 
        agreement entered into by the Administrator and the 
        recipient country.
  (b) Ownership and Programming of Accounts.--The proceeds of 
sales pursuant to section 304(2) shall be the property of the 
recipient country or the United States, as specified in the 
applicable agreement. Such proceeds shall be utilized for the 
benefit of the recipient country, shall be jointly programmed 
by the Administrator and the government of the recipient 
country, and shall be disbursed for the benefit of such country 
in accordance with local currency agreements between the 
Administrator and that government.
  (c) Overall Development Strategy.--The Administrator shall 
consider the local currency proceeds as an integral part of the 
overall development strategy of the Agency for International 
Development and the recipient country.

SEC. 306.\74\ USE OF LOCAL CURRENCY PROCEEDS.

  (a) In General.--The local currency proceeds of sales 
pursuant to section 304(2) shall be used in the recipient 
country for specific economic development purposes, including--
---------------------------------------------------------------------------
    \74\ 7 U.S.C. 1727e.
---------------------------------------------------------------------------
          (1) the promotion of specific policy reforms to 
        improve food security and agricultural development 
        within the country and to promote broad-based, 
        equitable, and sustainable development;
          (2) the establishment of development programs, 
        projects, and activities that promote food security, 
        alleviate hunger, improve nutrition, and promote family 
        planning, maternal and child health care, oral 
        rehydration therapy, and other child survival 
        objectives consistent with section 104(c)(2) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(2)), 
        relating to the Child Survival Fund;
          (3) the promotion of increased access to food 
        supplies through the encouragement of specific policies 
        and programs designed to increase employment and 
        incomes within the country;
          (4) the promotion of free and open markets through 
        specific policies and programs;
          (5) support for United States private voluntary 
        organizations and cooperatives and encouragement of the 
        development and utilization of indigenous 
        nongovernmental organizations;
          (6) the purchase of agricultural commodities 
        (including transportation and processing costs) 
        produced in the country--
                  (A) to meet urgent or extraordinary relief 
                requirements in the country or in neighboring 
                countries; or
                  (B) to develop emergency food reserves;
          (7) the purchase of goods and services (other than 
        agricultural commodities and related services) to meet 
        urgent or extraordinary relief requirements;
          (8) the payment, to the extent practicable, of the 
        costs of carrying out the program authorized in title 
        V;
          (9) private sector development activities designed to 
        further the policies set forth in section 2, including 
        loans to financial intermediaries for use in making 
        loans to private individuals, cooperatives, 
        corporations, or other entities;
          (10) activities of the Peace Corps that relate to 
        agricultural production;
          (11) the development of rural infrastructure such as 
        roads, irrigation systems, and electrification to 
        enhance agricultural production;
          (12) research on malnutrition and its causes, as well 
        as research relating to the identification and 
        application of policies and strategies for targeting 
        resources made available under this section to address 
        the problem of malnutrition; and
          (13) support for research (including collaborative 
        research which is mutually beneficial to the United 
        States and the recipient country), education, and 
        extension activities in agricultural sciences.
Section 1306 of title 31, United States Code, shall not apply 
to the use under this subsection of local currency proceeds 
that are owned by the United States.
  (b) \75\ Support of Non-Governmental Organizations.--To the 
extent practicable, not less than 10 percent of the amounts 
contained in an account established for a recipient country 
under section 305(a) shall be used by such country to support 
the development and utilization of \76\ nongovernmental 
organizations and cooperatives that are active in rural 
development, agricultural education, sustainable agricultural 
production, other measures to assist poor people, and 
environmental protection projects within such country.
---------------------------------------------------------------------------
    \75\ Sec. 211(a)(1) of Public Law 104-127 (110 Stat. 955) struck 
out ``Indigenous'' before ``Non-Governmental'' in the subsection 
heading.
    \76\ Sec. 211(a)(2) of Public Law 104-127 (110 Stat. 955) struck 
out ``indigenous'' before ``nongovernmental organizations''.
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  (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.
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    \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''.
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  (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''.
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  (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.
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    \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.
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    \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).
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  (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.
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    \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''.
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  (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.--
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    \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).
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          (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.--
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    \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).
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          (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.
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    \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''.
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  (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\
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    \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.
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          (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--
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    \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.''.
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                  (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.
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    \98\ 7 U.S.C. 1735.
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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.
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    \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''.
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  (b) Included Expenses.--With respect to commodities made 
available under titles II and III,\101\ the Commodity Credit 
Corporation may pay--
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    \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''.
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          (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;
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    \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;''.
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          (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;
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    \103\ Sec. 323 of Public Law 102-237 (105 Stat. 1857) struck out 
``items'' and inserted in lieu thereof ``time''.
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          (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.--
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    \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.
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          (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''.
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          (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\
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    \107\ Sec. 216(A)(2) of Public Law 104-127 (110 Stat. 957) added 
the last sentence.
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  (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\
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    \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''.
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                  (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.
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    \110\ Sec. 325 of Public Law 102-237 (105 Stat. 1857) struck out 
``other''.
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          (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''.
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          (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--
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    \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.--
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    \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.
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    \137\ 7 U.S.C. 1736g-1.
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  (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.
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    \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.--
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    \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.
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    \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.''.
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          (2) \141\ Purpose.--The purpose of a program shall be 
        to--
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    \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\
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    \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--
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    \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'').
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    \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.
---------------------------------------------------------------------------
  (b) Currency of Payment, Deposits.--
          (1) United states dollars.--An eligible country to 
        which a new obligation has been issued under section 
        604 that has not entered into an agreement under 
        section 607, shall be required to pay interest on such 
        obligation in United States dollars which shall be 
        deposited in Commodity Credit Corporation accounts.
          (2) Local currency.--If an eligible country to which 
        a new obligation has been issued under section 604 has 
        entered into an agreement under section 607, interest 
        under such obligation may be paid in the local currency 
        of the eligible country and deposited into an 
        Environmental Fund as provided for in section 608. Such 
        interest shall be the property of the eligible country 
        until such time as it is disbursed under section 608. 
        Such local currencies shall be used for the purposes 
        specified in the agreement entered into under section 
        607.
  (c) Interest Previously Paid.--If an eligible country to 
which a new obligation has been issued under section 604 enters 
into an agreement under section 607 subsequent to the date on 
which interest first becomes due on such new obligation, any 
interest paid on such new obligation prior to such agreement 
being entered into shall not be redeposited into the Fund 
established for the eligible country under section 608(a) but 
shall be deposited into Commodity Credit Corporation 
accounts.\164\
---------------------------------------------------------------------------
    \164\ Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted 
``accounts'' after ``Corporation''.
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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.
---------------------------------------------------------------------------

SEC. 610.\169\ ENTERPRISE \170\ FOR THE AMERICAS BOARD.

  (a) Establishment.--There is established a board to be known 
as the ``Enterprise \170\ for the Americas Board'' (hereafter 
referred to in this title as the ``Board'').
---------------------------------------------------------------------------
    \169\ 7 U.S.C. 1738i.
    \170\ Sec. 603 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3669) struck out ``environment'' and inserted in 
lieu thereof ``enterprise'' in the catchline; and struck out 
``Environment'' and inserted in lieu thereof ``Enterprise'' in subsec. 
(a).
---------------------------------------------------------------------------
  (b) Membership and Chairperson.--
          (1) Membership.--The Board shall be composed of--
                  (A) six \171\ representatives from the United 
                States Government, at least one of whom shall 
                be a representative of the Department of 
                Agriculture; \171\ and
---------------------------------------------------------------------------
    \171\ Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out 
``five'' and inserted in lieu thereof ``six'', and added after 
``Government'' the text ``, at least one of whom shall be a 
representative of the Department of Agriculture''.
---------------------------------------------------------------------------
                  (B) five \172\ representatives from private 
                nongovernmental environmental, child survival 
                and child development,\173\ community 
                development, scientific, and academic 
                organizations with experience and expertise in 
                Latin America and the Caribbean, at least one 
                of whom shall be a representative from a child 
                survival and child development organization; 
                \174\
---------------------------------------------------------------------------
    \172\ Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out 
``four'' and inserted in lieu thereof ``five''.
    \173\ Sec. 603(3)(A) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3669) inserted ``child survival and 
child development,'' after ``environmental,''.
    \174\ Sec. 603(3)(B) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3669) inserted ``, at least one of whom 
shall be a representative from a child survival and child development 
organization'' after ``Caribbean''.
---------------------------------------------------------------------------
        to be appointed by the President.
          (2) Chairperson.--The Board shall be headed by a 
        chairperson who shall be appointed by the President 
        from among the representatives appointed under 
        paragraph (1)(A).
  (c)  Responsibilities.--The Board shall--
          (1) advise the President on the negotiations for the 
        environmental framework agreements described in 
        subsections (a) and (b) of section 607;
          (2) ensure, in consultation with the government of 
        the appropriate eligible country, with nongovernmental 
        organizations of such eligible country, and if 
        appropriate, of the region, and with environmental, 
        scientific, and academic leaders of such eligible 
        country and, as appropriate, of the region, that a 
        suitable body referred to in section 607(c) is 
        identified; and
          (3) review the programs, operations, and fiscal 
        audits of the bodies referred to in section 607(c).

SEC. 611.\175\ OVERSIGHT.

  The President may designate appropriate United States 
agencies to review the implementation of programs under this 
title and the fiscal audits relating to such programs. Such 
oversight shall not constitute active management of an 
Environmental Fund.
---------------------------------------------------------------------------
    \175\ 7 U.S.C. 1738j.
---------------------------------------------------------------------------

SEC. 612.\176\ ELIGIBLE ACTIVITIES AND GRANTEES.

  (a) Eligible Entities.--Activities eligible to receive 
assistance through the framework agreements entered into under 
section 607, shall include--
---------------------------------------------------------------------------
    \176\ 7 U.S.C. 1738k.
---------------------------------------------------------------------------
          (1) activities of the type described in the Global 
        Environmental Protection Assistance Act of 1989 (22 
        U.S.C. 2281 et seq.); \177\
---------------------------------------------------------------------------
    \177\ Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a 
typographical error here by striking ``462), and--'', and inserted in 
lieu thereof ``2281 et seq.);''.
---------------------------------------------------------------------------
          (2) agriculture-related activities, including those 
        that provide for the biological prevention and control 
        of animal and plant pests and diseases, to benefit the 
        environment; and
          (3) local community initiatives that promote 
        conservation and sustainable use of the environment.
  (b) Regulation.--All activities of the type referred to in 
subsection (a) shall, where appropriate, include initiatives 
that link conservation of natural resources with local 
community development.
  (c) Setting of Priorities.--Appropriate activities and 
priorities relating to the use of an Environmental Fund shall 
be set by local nongovernmental organizations within the 
appropriate eligible country.
  (d) Grants.--Grants may be made by the body referred to in 
section 607(c) from the Environmental Fund for environmental 
purposes to--
          (1) host country nongovernmental environmental, 
        conservation, development, educational, and indigenous 
        peoples organizations;
          (2) other appropriate local or regional entities; or
          (3) in exceptional circumstances, the government of 
        the eligible country.
  (e) Priority.--In providing assistance from an Environmental 
Fund, the body established under section 607(c) within the 
eligible country shall give priority to projects that are run 
by nongovernmental organizations and other private entities, 
and that involve local communities in their planning and 
execution.

SEC. 613.\178\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

  (a) Encouraging Donations From Official Creditors.--The 
President should actively encourage other official creditors of 
an eligible country to provide debt reduction to such eligible 
country.
---------------------------------------------------------------------------
    \178\ 7 U.S.C. 1738l.
---------------------------------------------------------------------------
  (b) Encouraging Donations From Other Sources.--The President 
shall make every effort to insure that programs established 
through Environmental Funds are able to receive donations from 
private and public entities, and private creditors of the 
eligible country.

SEC. 614.\179\ ANNUAL REPORT TO CONGRESS.

  (a) In General.--Not later \180\ than December 31 of each 
fiscal year, the President shall prepare and submit to the 
Speaker of the House of Representatives and the President Pro 
Tempore of the Senate an annual report concerning the operation 
of the Facility for the prior fiscal year. This report shall 
include-- \181\
---------------------------------------------------------------------------
    \179\ 7 U.S.C. 1738m.
    \180\ Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out 
``Not later'' and inserted in lieu thereof ``(a) In General.--Not 
later'', and added subsec. (b).
    \181\ Sec. 3 of the Enterprise for the Americas Initiative Act of 
1992 (Public Law 102-532; 106 Stat. 3512) added from ``This report 
shall include--'' through para. (4) of subsec. (a).
---------------------------------------------------------------------------
          (1) a description of the activities undertaken by the 
        Facility during the previous fiscal year;
          (2) a description of any Enviromental \182\ Framework 
        Agreement entered into under this title;
---------------------------------------------------------------------------
    \182\ As enrolled. Should read ``Environmental''.
---------------------------------------------------------------------------
          (3) a report on what Environmental Funds have been 
        established under this title and on the operations of 
        such Funds; and
          (4) a description of any grants that have been 
        extended by administering bodies pursuant to an 
        Enviromental \182\ Framework Agreement under this 
        title.
    (b) Supplemental Views in Annual Report.--No later than 
December 15 of each fiscal year, each member of the Board shall 
be entitled to receive a copy of the report required under 
subsection (a). Each member of the Board may prepare and submit 
supplemental views to the President on the implementation of 
this title by December 31 for inclusion in the annual report 
when it is transmitted to Congress pursuant to this section.

SEC. 615.\183\ CONSULTATIONS WITH CONGRESS.

    The President shall consult with the appropriate 
congressional committees on a periodic basis to review the 
operation of the Facility under this title and the eligibility 
of countries for benefits from the Facility under this title.
---------------------------------------------------------------------------
    \183\ 7 U.S.C. 1738n. Added by sec. 331 of Public Law 102-237 (105 
Stat. 1858).
---------------------------------------------------------------------------

SEC. 616.\184\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

    (a) In General.--
---------------------------------------------------------------------------
    \184\ 7 U.S.C. 1738o. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) Authorization.--The President may sell to an 
        eligible country up to 40 percent of such country's 
        qualified debt, only if an amount of the local currency 
        of such country (other than the price paid for the 
        debt) equal to--
                  (A) not less than 40 percent of the price 
                paid for such debt by such eligible country, or
                  (B) the difference between the price paid for 
                such debt and the face value of such debt;
        whichever is less, is used by such country through an 
        Environmental Fund for eligible activities described in 
        section 612.
          (2) Environmental funds.--For purposes of this 
        section, the term ``Environmental Fund'' means an 
        Environmental Fund established under section 608. In 
        the case of Mexico, such fund may be designated as the 
        Good Neighbor Environmental Fund for the Border.
          (3) Establishment and operation of environmental 
        funds.--The President should advise eligible countries 
        on the procedures required to establish and operate the 
        Environmental Funds required to be established under 
        paragraph (1).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions, including the amount to be paid by 
the eligible country, under which such country's qualified debt 
may be sold under this section.
    (c) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (d) Certain Prohibitions Inapplicable.--A sale of debt 
under this section shall not be considered assistance for 
purposes of any provision of law limiting assistance to a 
country.
    (e) Implementation by the Facility.--A sale of debt 
authorized under this section shall be accomplished at the 
direction of the Facility. The Facility shall direct the 
Commodity Credit Corporation to carry out such sale. The 
Commodity Credit Corporation shall make an adjustment in its 
accounts to reflect the sale.
    (f) Deposit of Proceeds.--The proceeds from a sale of 
qualified debt under this section shall be deposited in the 
account or accounts established by the Commodity Credit 
Corporation for the repayment of such debt by the eligible 
country.
    (g) Debtor Consultation.--Before any sale of qualified debt 
may occur under this section, the President should consult with 
the eligible country's government concerning such sale. The 
topics addressed in the consultation shall include the amount 
of qualified debt involved in the transaction and the uses to 
which funds made available as a result of the sale shall be 
applied.

SEC. 617.\185\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO 
                    FACILITATE CERTAIN DEBT SWAPS.

    (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
For the purpose of facilitating eligible debt swaps, the 
President, in accordance with this section--
---------------------------------------------------------------------------
    \185\ 7 U.S.C. 1738p. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) may sell to an eligible purchaser (as determined 
        pursuant to subsection (c)(1)) any qualified debt of an 
        eligible country; or
          (2) may reduce or cancel eligible debt of an eligible 
        country upon receipt of payment from an eligible payor 
        (as determined under subsection (c)(2)).
    (b) Terms and Conditions.--The President shall establish 
the terms and conditions under which qualified debt may be 
sold, reduced, or canceled pursuant to this section.
    (c) Eligible Purchasers and Eligible Payors.--
          (1) Sales of debt.--Qualified debt may be sold 
        pursuant to subsection (a)(1) only to a purchaser who 
        presents plans satisfactory to the President for using 
        the debt for the purpose of engaging in eligible debt 
        swaps.
          (2) Reduction or cancellation of debt.--Qualified 
        debt may be reduced or cancelled pursuant to subsection 
        (a)(2) only if the payor presents plans satisfactory to 
        the President for using such reduction or cancellation 
        for the purpose of facilitating eligible debt swaps.
    (d) Debtor Consultation and Right of First Refusal.--
          (1) Consultation.--Before selling, reducing, or 
        canceling any qualified debt of an eligible country 
        pursuant to this section, the President should consult 
        with that country concerning, among other things, the 
        amount of debt to be sold, reduced, or canceled and the 
        uses of such debt for eligible debt swaps.
          (2) Right of first refusal.--The qualified debt of an 
        eligible country may be sold, reduced, or cancelled 
        pursuant to this section only if that country has been 
        offered the opportunity to purchase that debt pursuant 
        to section 616 and has not accepted that offer.
    (e) Limitation.--In the aggregate, not more than 40 percent 
of the qualified debt of an eligible country may be sold, 
reduced, or cancelled under this section or sold under section 
616.
    (f) Administration.--The Facility shall notify the 
Commodity Credit Corporation of purchasers and payors the 
President has determined to be eligible under subsection (c), 
and shall direct the corporation to carry out the sale, 
reduction, or cancellation of a qualified debt pursuant to this 
section. The Commodity Credit Corporation shall make an 
adjustment in its accounts to reflect such sale, reduction, or 
cancellation.
    (g) Appropriations Requirement.--The authorities provided 
by this section may be exercised only in such amounts and to 
such extent as is provided in advance in appropriations Acts.
    (h) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of qualified debt pursuant to this 
section shall be deposited in the United States Government 
account or accounts established for the repayment of such debt.
    (i) Eligible Debt Swaps.--As used in this section, the term 
``eligible debt swap'' means a debt-for-development swap or 
debt-for-nature swap.

SEC. 618.\186\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \186\ 7 U.S.C. 1738q. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.--The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs \187\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \187\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 619.\188\ DEFINITION OF QUALIFIED DEBT.

    As used in sections 616, 617, and 618, the term ``qualified 
debt'' means any obligation, or portion of such obligation, of 
an eligible country to pay for purchases of United States 
agricultural commodities guaranteed by the Commodity Credit 
Corporation under export credit guarantee programs authorized 
pursuant to section 5(f) of the Commodity Credit Corporation 
Charter Act or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
    \188\ 7 U.S.C. 1738r. Added by sec. 2 of the Enterprise for the 
Americas Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509).
---------------------------------------------------------------------------
          (1) in which the Commodity Credit Corporation 
        obtained a legal right or interest, as a result of 
        assignment or subrogation, not later than September 1, 
        1992; and
          (2) the payment of which obligation has been, not 
        later than September 1, 1992, rescheduled in accordance 
        with principles set forth in an Agreed Minute of the 
        Paris Club.
Such term includes the obligation to pay any interest which was 
due or accrued not later than September 1, 1992, and unpaid as 
of the date of a debt sale pursuant to section 616 or a debt 
sale, reduction, or cancellation pursuant to section 617 (as 
the case may be).

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Sec. 1(5) of Public Law 85-128 [S. 1314], 71 Stat. 345, 7 U.S.C. 1704a, approved August 13,
 
                           ``(5) Within sixty days after any agreement is entered into for the use of any foreign currencies, a
                         full report thereon shall be made to the Senate and the House of Representatives of the United States
                         and to the Committees on Agriculture and Appropriations thereof.''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------




          Note.--Sec. 3 of Public Law 84-962 [S. 3903], 70 
        Stat. 988, 7 U.S.C. 1701 note, approved August 3, 1956, 
        provides:
          ``Sales of fresh fruit and the products thereof under 
        title I of the Act shall be exempt from the 
        requirements of the cargo preference laws (Public 
        Resolution 17, Seventy-third Congress (15 U.S.C. 616a) 
        and section 901(b) of the Merchant Marine Act, 1936 (46 
        U.S.C. 1241 (b))).''.





          Note.--Sec. 709 of Public Law 89-321 [H.R. 9811] 
        (Food and Agriculture Act of 1965), 79 Stat. 1212, 7 
        U.S.C. 1446a-1, approved November 3, 1965, provides:
          ``The Secretary of Agriculture is hereby authorized 
        to use funds of the Commodity Credit Corporation to 
        purchase sufficient supplies of dairy products at 
        market prices to meet the requirements of any programs 
        for the schools (other than fluid milk in the case of 
        schools), domestic relief distribution, community 
        action,\189\ and such other programs as are authorized 
        by law, when there are insufficient stocks of dairy 
        products in the hands of Commodity Credit Corporation 
        available for these purposes.''.





          Note.--Sec. 407 of the Agricultural Act of 1949, as 
        amended, and found at 7 U.S.C. 1427, provides the 
        minimum prices the Commodity Credit Corporation may 
        sell farm commodities owned or controlled by it.



      
---------------------------------------------------------------------------
    \189\ The words ``foreign distribution'' which appeared at this 
point were struck out by sec. 3(B) of the Food for Peace Act of 1966, 
effective January 1, 1967. See also sec. 416 of the Agricultural Act of 
1949 which provides for, among other things, the donation of dairy 
products through foreign governments and public and nonprofit private 
humanitarian organizations.
           b. Farm Security and Rural Investment Act of 2002

  Public Law 107-171 [H.R. 2646], 116 Stat. 134, approved May 13, 2002

AN ACT To provide for the continuation of agricultural programs through 
               fiscal year 2007, and for other purposes.

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


          Note.--Amendments enacted in Public Law 107-171 to 
        other Acts relating to agriculture have been 
        incorporated into those Acts.



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) \1\ Short Title.--This Act may be cited as the ``Farm 
Security and Rural Investment Act of 2002''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 7901 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents of this Act 
is as follows: * * *
          * * * * * * *

                            TITLE III--TRADE

          * * * * * * *

               Subtitle B--Agricultural Trade Act of 1978

          * * * * * * *

SEC. 3107.\2\ MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD 
                    NUTRITION PROGRAM.

    (a) Definition of Agricultural Commodity.--In this section, 
the term ``agricultural commodity'' means an agricultural 
commodity, or a product of an agricultural commodity, that is 
produced in the United States.
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 1736o-1. In a memorandum of March 17, 2003 (68 F.R. 
12569), for the Secretary of Agriculture, the President established the 
program authorized by this section and designated the Department of 
Agriculture to take actions specified in sec. 3107(d). The President 
required the Secretary of Agriculture to consult, as appropriate, with 
the Food Policy Assistance Council, established by sec. 3 of Executive 
Order 12751 (February 25, 1991) and other heads of Federal departments 
and agencies as appropriate.
---------------------------------------------------------------------------
    (b) Program.--Subject to subsection (l), the President may 
establish a program, to be known as ``McGovern-Dole 
International Food for Education and Child Nutrition Program'', 
requiring the procurement of agricultural commodities and the 
provision of financial and technical assistance to carry out--
          (1) preschool and school food for education programs 
        in foreign countries to improve food security, reduce 
        the incidence of hunger, and improve literacy and 
        primary education, particularly with respect to girls; 
        and
          (2) maternal, infant, and child nutrition programs 
        for pregnant women, nursing mothers, infants, and 
        children who are 5 years of age or younger.
    (c) Eligible Commodities and Cost Items.--Notwithstanding 
any other provision of law--
          (1) any agricultural commodity is eligible to be 
        provided under this section;
          (2) as necessary to achieve the purposes of this 
        section, funds appropriated under this section may be 
        used to pay--
                  (A)(i) the cost of acquiring agricultural 
                commodities;
                  (ii) the costs associated with packaging, 
                enrichment, preservation, and fortification of 
                agricultural commodities;
                  (iii) the processing, transportation, 
                handling, and other incidental costs up to the 
                time of the delivery of agricultural 
                commodities free on board vessels in United 
                States ports;
                  (iv) the vessel freight charges from United 
                States ports or designated Canadian 
                transshipment ports, as determined by the 
                Secretary, to designated ports of entry abroad;
                  (v) the costs associated with transporting 
                agricultural commodities from United States 
                ports to designated points of entry abroad in 
                the case--
                          (I) of landlocked countries;
                          (II) of ports that cannot be used 
                        effectively because of natural or other 
                        disturbances;
                          (III) of the unavailability of 
                        carriers to a specific country; or
                          (IV) of substantial savings in costs 
                        or time that may be effected by the 
                        utilization of points of entry other 
                        than ports; and
                  (vi) the charges for general average 
                contributions arising out of the ocean 
                transport of agricultural commodities 
                transferred pursuant thereto;
                  (B) all or any part of the internal 
                transportation, storage, and handling costs 
                incurred in moving the eligible commodity, if 
                the President determines that--
                          (i) payment of the costs is 
                        appropriate; and
                          (ii) the recipient country is a low 
                        income, net food-importing country 
                        that--
                                  (I) meets the poverty 
                                criteria established by the 
                                International Bank for 
                                Reconstruction and Development 
                                for Civil Works Preference; and
                                  (II) has a national 
                                government that is committed to 
                                or is working toward, through a 
                                national action plan, the goals 
                                of the World Declaration on 
                                Education for All convened in 
                                1990 in Jomtien, Thailand, and 
                                the followup Dakar Framework 
                                for Action of the World 
                                Education Forum, convened in 
                                2000;
                  (C) the costs of activities conducted in the 
                recipient countries by a nonprofit voluntary 
                organization, cooperative, or intergovernmental 
                agency or organization that would enhance the 
                effectiveness of the activities implemented by 
                such entities under this section; and
                  (D) the costs of meeting the allowable 
                administrative expenses of private voluntary 
                organizations, cooperatives, or 
                intergovernmental organizations that are 
                implementing activities under this section.
    (d) General Authorities.--The President shall designate 1 
or more Federal agencies to--
          (1) implement the program established under this 
        section;
          (2) ensure that the program established under this 
        section is consistent with the foreign policy and 
        development assistance objectives of the United States; 
        and
          (3) consider, in determining whether a country should 
        receive assistance under this section, whether the 
        government of the country is taking concrete steps to 
        improve the preschool and school systems in the 
        country.
    (e) Eligible Entities.--Assistance may be provided under 
this section to private voluntary organizations, cooperatives, 
intergovernmental organizations, governments of developing 
countries and their agencies, and other organizations.
    (f) Procedures.--
          (1) In general.--In carrying out subsection (b), the 
        President shall ensure that procedures are established 
        that--
                  (A) provide for the submission of proposals 
                by eligible entities, each of which may include 
                1 or more recipient countries, for commodities 
                and other assistance under this section;
                  (B) provide for eligible commodities and 
                assistance on a multiyear basis;
                  (C) ensure that eligible entities demonstrate 
                the organizational capacity and the ability to 
                develop, implement, monitor, report on, and 
                provide accountability for activities conducted 
                under this section;
                  (D) provide for the expedited development, 
                review, and approval of proposals submitted in 
                accordance with this section;
                  (E) ensure monitoring and reporting by 
                eligible entities on the use of commodities and 
                other assistance provided under this section; 
                and
                  (F) allow for the sale or barter of 
                commodities by eligible entities to acquire 
                funds to implement activities that improve the 
                food security of women and children or 
                otherwise enhance the effectiveness of programs 
                and activities authorized under this section.
          (2) Priorities for program funding.--In carrying out 
        paragraph (1) with respect to criteria for determining 
        the use of commodities and other assistance provided 
        for programs and activities authorized under this 
        section, the implementing agency may consider the 
        ability of eligible entities to--
                  (A) identify and assess the needs of 
                beneficiaries, especially malnourished or 
                undernourished mothers and their children who 
                are 5 years of age or younger, and school-age 
                children who are malnourished, undernourished, 
                or do not regularly attend school;
                  (B)(i) in the case of preschool and school-
                age children, target low-income areas where 
                children's enrollment and attendance in school 
                is low or girls' enrollment and participation 
                in preschool or school is low, and incorporate 
                developmental objectives for improving literacy 
                and primary education, particularly with 
                respect to girls; and
                  (ii) in the case of programs to benefit 
                mothers and children who are 5 years of age or 
                younger, coordinate supplementary feeding and 
                nutrition programs with existing or newly-
                established maternal, infant, and children 
                programs that provide health-needs 
                interventions, including maternal, prenatal, 
                and postnatal and newborn care;
                  (C) involve indigenous institutions as well 
                as local communities and governments in the 
                development and implementation of the programs 
                and activities to foster local capacity 
                building and leadership; and
                  (D) carry out multiyear programs that foster 
                local self-sufficiency and ensure the longevity 
                of programs in the recipient country.
    (g) Use of Food and Nutrition Service.--The Food and 
Nutrition Service of the Department of Agriculture may provide 
technical advice on the establishment of programs under 
subsection (b)(1) and on implementation of the programs in the 
field in recipient countries.
    (h) Multilateral Involvement.--
          (1) In general.--The President is urged to engage 
        existing international food aid coordinating mechanisms 
        to ensure multilateral commitments to, and 
        participation in, programs similar to programs 
        supported under this section.
          (2) Reports.--The President shall annually submit to 
        the Committee on International Relations and the 
        Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate a report on the 
        commitments and activities of governments, including 
        the United States government, in the global effort to 
        reduce child hunger and increase school attendance.
    (i) Private Sector Involvement.--The President is urged to 
encourage the support and active involvement of the private 
sector, foundations, and other individuals and organizations in 
programs assisted under this section.
    (j) Graduation.--An agreement with an eligible organization 
under this section shall include provisions--
          (1) to--
                  (A) sustain the benefits to the education, 
                enrollment, and attendance of children in 
                schools in the targeted communities when the 
                provision of commodities and assistance to a 
                recipient country under a program under this 
                section terminates; and
                  (B) estimate the period of time required 
                until the recipient country or eligible 
                organization is able to provide sufficient 
                assistance without additional assistance under 
                this section; or
          (2) to provide other long-term benefits to targeted 
        populations of the recipient country.
    (k) Requirement To Safeguard Local Production and Usual 
Marketing.--The requirement of section 403(a) of the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1733(a)) applies with respect to the availability of 
commodities under this section.
    (l) Funding.--
          (1) In general.--Of the funds of the Commodity Credit 
        Corporation, the President shall use $100,000,000 for 
        fiscal year 2003 to carry out this section.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this section for each of fiscal 
        years 2004 through 2007.
          (3) Administrative expenses.--Funds made available to 
        carry out this section may be used to pay the 
        administrative expenses of any Federal agency 
        implementing or assisting in the implementation of this 
        section.

                       Subtitle C--Miscellaneous

          * * * * * * *

SEC. 3204. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM. * * * \3\
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    \3\ Added sec. 1543A to the Food, Agriculture, Conservation, and 
Trade Act of 1990.
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          * * * * * * *

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--
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    \4\ 7 U.S.C. 5603a.
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          (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.
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    \5\ As enrolled. Should read ``removes''.
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    (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.
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    \6\ As enrolled. Should read ``United''.
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          * * * * * * *

                      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.--
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    \7\ 2 U.S.C. 1161.
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          (1) Short title.--This section may be cited as the 
        ``Congressional Hunger Fellows Act of 2002''.
          (2) Findings.--The Congress finds as follows:
                  (A) There is a critical need for 
                compassionate individuals who are committed to 
                assisting people who suffer from hunger as well 
                as a need for such individuals to initiate and 
                administer solutions to the hunger problem.
                  (B) Bill Emerson, the distinguished late 
                Representative from the 8th District of 
                Missouri, demonstrated his commitment to 
                solving the problem of hunger in a bipartisan 
                manner, his commitment to public service, and 
                his great affection for the institution and the 
                ideals of the United States Congress.
                  (C) George T. (Mickey) Leland, the 
                distinguished late Representative from the 18th 
                District of Texas, demonstrated his compassion 
                for those in need, his high regard for public 
                service, and his lively exercise of political 
                talents.
                  (D) The special concern that Mr. Emerson and 
                Mr. Leland demonstrated during their lives for 
                the hungry and poor was an inspiration for 
                others to work toward the goals of equality and 
                justice for all.
                  (E) These two outstanding leaders maintained 
                a special bond of friendship regardless of 
                political affiliation and worked together to 
                encourage future leaders to recognize and 
                provide service to others, and therefore it is 
                especially appropriate to honor the memory of 
                Mr. Emerson and Mr. Leland by creating a 
                fellowship program to develop and train the 
                future leaders of the United States to pursue 
                careers in humanitarian service.
    (b) Establishment.--There is established as an independent 
entity of the legislative branch of the United States 
Government the Congressional Hunger Fellows Program 
(hereinafter in this section referred to as the ``Program'').
    (c) Board of Trustees.--
          (1) In general.--The Program shall be subject to the 
        supervision and direction of a Board of Trustees.
          (2) Members of the board of trustees.--
                  (A) Appointment.--The Board shall be composed 
                of 6 voting members appointed under clause (i) 
                and one nonvoting ex officio member designated 
                in clause (ii) as follows:
                          (i) Voting members.--(I) The Speaker 
                        of the House of Representatives shall 
                        appoint two members.
                          (II) The minority leader of the House 
                        of Representatives shall appoint one 
                        member.
                          (III) The majority leader of the 
                        Senate shall appoint two members.
                          (IV) The minority leader of the 
                        Senate shall appoint one member.
                          (ii) Nonvoting member.--The Executive 
                        Director of the program shall serve as 
                        a nonvoting ex officio member of the 
                        Board.
                  (B) Terms.--Members of the Board shall serve 
                a term of 4 years.
                  (C) Vacancy.--
                          (i) Authority of board.--A vacancy in 
                        the membership of the Board does not 
                        affect the power of the remaining 
                        members to carry out this section.
                          (ii) Appointment of successors.--A 
                        vacancy in the membership of the Board 
                        shall be filled in the same manner in 
                        which the original appointment was 
                        made.
                          (iii) Incomplete term.--If a member 
                        of the Board does not serve the full 
                        term applicable to the member, the 
                        individual appointed to fill the 
                        resulting vacancy shall be appointed 
                        for the remainder of the term of the 
                        predecessor of the individual.
                  (D) Chairperson.--As the first order of 
                business of the first meeting of the Board, the 
                members shall elect a Chairperson.
                  (E) Compensation.--
                          (i) In general.--Subject to clause 
                        (ii), members of the Board may not 
                        receive compensation for service on the 
                        Board.
                          (ii) Travel.--Members of the Board 
                        may be reimbursed for travel, 
                        subsistence, and other necessary 
                        expenses incurred in carrying out the 
                        duties of the program.
          (3) Duties.--
                  (A) Bylaws.--
                          (i) Establishment.--The Board shall 
                        establish such bylaws and other 
                        regulations as may be appropriate to 
                        enable the Board to carry out this 
                        section, including the duties described 
                        in this paragraph.
                          (ii) Contents.--Such bylaws and other 
                        regulations shall include provisions--
                                  (I) for appropriate fiscal 
                                control, funds accountability, 
                                and operating principles;
                                  (II) to prevent any conflict 
                                of interest, or the appearance 
                                of any conflict of interest, in 
                                the procurement and employment 
                                actions taken by the Board or 
                                by any officer or employee of 
                                the Board and in the selection 
                                and placement of individuals in 
                                the fellowships developed under 
                                the program;
                                  (III) for the resolution of a 
                                tie vote of the members of the 
                                Board; and
                                  (IV) for authorization of 
                                travel for members of the 
                                Board.
                          (iii) Transmittal to congress.--Not 
                        later than 90 days after the date of 
                        the first meeting of the Board, the 
                        Chairperson of the Board shall transmit 
                        to the appropriate congressional 
                        committees a copy of such bylaws.
                  (B) Budget.--For each fiscal year the program 
                is in operation, the Board shall determine a 
                budget for the program for that fiscal year. 
                All spending by the program shall be pursuant 
                to such budget unless a change is approved by 
                the Board.
                  (C) Process for selection and placement of 
                fellows.--The Board shall review and approve 
                the process established by the Executive 
                Director for the selection and placement of 
                individuals in the fellowships developed under 
                the program.
                  (D) Allocation of funds to fellowships.--The 
                Board of Trustees shall determine the priority 
                of the programs to be carried out under this 
                section and the amount of funds to be allocated 
                for the Emerson and Leland fellowships.
    (d) Purposes; Authority of Program.--
          (1) Purposes.--The purposes of the program are--
                  (A) to encourage future leaders of the United 
                States to pursue careers in humanitarian 
                service, to recognize the needs of people who 
                are hungry and poor, and to provide assistance 
                and compassion for those in need;
                  (B) to increase awareness of the importance 
                of public service; and
                  (C) to provide training and development 
                opportunities for such leaders through 
                placement in programs operated by appropriate 
                organizations or entities.
          (2) Authority.--The program is authorized to develop 
        such fellowships to carry out the purposes of this 
        section, including the fellowships described in 
        paragraph (3).
          (3) Fellowships.--
                  (A) In general.--The program shall establish 
                and carry out the Bill Emerson Hunger 
                Fellowship and the Mickey Leland Hunger 
                Fellowship.
                  (B) Curriculum.--
                          (i) In general.--The fellowships 
                        established under subparagraph (A) 
                        shall provide experience and training 
                        to develop the skills and understanding 
                        necessary to improve the humanitarian 
                        conditions and the lives of individuals 
                        who suffer from hunger, including--
                                  (I) training in direct 
                                service to the hungry in 
                                conjunction with community-
                                based organizations through a 
                                program of field placement; and
                                  (II) experience in policy 
                                development through placement 
                                in a governmental entity or 
                                nonprofit organization.
                          (ii) Focus of bill emerson hunger 
                        fellowship.--The Bill Emerson Hunger 
                        Fellowship shall address hunger and 
                        other humanitarian needs in the United 
                        States.
                          (iii) Focus of mickey leland hunger 
                        fellowship.--The Mickey Leland Hunger 
                        Fellowship shall address international 
                        hunger and other humanitarian needs.
                          (iv) Workplan.--To carry out clause 
                        (i) and to assist in the evaluation of 
                        the fellowships under paragraph (4), 
                        the program shall, for each fellow, 
                        approve a work plan that identifies the 
                        target objectives for the fellow in the 
                        fellowship, including specific duties 
                        and responsibilities related to those 
                        objectives.
                  (C) Period of fellowship.--
                          (i) Emerson fellow.--A Bill Emerson 
                        Hunger Fellowship awarded under this 
                        paragraph shall be for no more than 1 
                        year.
                          (ii) Leland fellow.--A Mickey Leland 
                        Hunger Fellowship awarded under this 
                        paragraph shall be for no more than 2 
                        years. Not less than 1 year of the 
                        fellowship shall be dedicated to 
                        fulfilling the requirement of 
                        subparagraph (B)(i)(I).
                  (D) Selection of fellows.--
                          (i) In general.--A fellowship shall 
                        be awarded pursuant to a nationwide 
                        competition established by the program.
                          (ii) Qualification.--A successful 
                        applicant shall be an individual who 
                        has demonstrated--
                                  (I) an intent to pursue a 
                                career in humanitarian service 
                                and outstanding potential for 
                                such a career;
                                  (II) leadership potential or 
                                actual leadership experience;
                                  (III) diverse life 
                                experience;
                                  (IV) proficient writing and 
                                speaking skills;
                                  (V) an ability to live in 
                                poor or diverse communities; 
                                and
                                  (VI) such other attributes as 
                                determined to be appropriate by 
                                the Board.
                          (iii) Amount of award.--
                                  (I) In general.--Each 
                                individual awarded a fellowship 
                                under this paragraph shall 
                                receive a living allowance and, 
                                subject to subclause (II), an 
                                end-of-service award as 
                                determined by the program.
                                  (II) Requirement for 
                                successful completion of 
                                fellowship.--Each individual 
                                awarded a fellowship under this 
                                paragraph shall be entitled to 
                                receive an end-of-service award 
                                at an appropriate rate for each 
                                month of satisfactory service 
                                as determined by the Executive 
                                Director.
                          (iv) Recognition of fellowship 
                        award.--
                                  (I) Emerson fellow.--An 
                                individual awarded a fellowship 
                                from the Bill Emerson Hunger 
                                Fellowship shall be known as an 
                                ``Emerson Fellow''.
                                  (II) Leland fellow.--An 
                                individual awarded a fellowship 
                                from the Mickey Leland Hunger 
                                Fellowship shall be known as a 
                                ``Leland Fellow''.
          (4) Evaluation.--The program shall conduct periodic 
        evaluations of the Bill Emerson and Mickey Leland 
        Hunger Fellowships. Such evaluations shall include the 
        following:
                  (A) An assessment of the successful 
                completion of the work plan of the fellow.
                  (B) An assessment of the impact of the 
                fellowship on the fellows.
                  (C) An assessment of the accomplishment of 
                the purposes of the program.
                  (D) An assessment of the impact of the fellow 
                on the community.
    (e) Trust Fund.--
          (1) Establishment.--There is established the 
        Congressional Hunger Fellows Trust Fund (hereinafter in 
        this section referred to as the ``Fund'') in the 
        Treasury of the United States, consisting of amounts 
        appropriated to the Fund under subsection (i), amounts 
        credited to it under paragraph (3), and amounts 
        received under subsection (g)(3)(A).
          (2) Investment of funds.--The Secretary of the 
        Treasury shall invest the full amount of the Fund. Each 
        investment shall be made in an interest bearing 
        obligation of the United States or an obligation 
        guaranteed as to principal and interest by the United 
        States that, as determined by the Secretary in 
        consultation with the Board, has a maturity suitable 
        for the Fund.
          (3) Return on investment.--Except as provided in 
        subsection (f)(2), the Secretary of the Treasury shall 
        credit to the Fund the interest on, and the proceeds 
        from the sale or redemption of, obligations held in the 
        Fund.
    (f) Expenditures; Audits.--
          (1) In general.--The Secretary of the Treasury shall 
        transfer to the program from the amounts described in 
        subsection (e)(3) and subsection (g)(3)(A) such sums as 
        the Board determines are necessary to enable the 
        program to carry out the provisions of this section.
          (2) Limitation.--The Secretary may not transfer to 
        the program the amounts appropriated to the Fund under 
        subsection (i).
          (3) Use of funds.--Funds transferred to the program 
        under paragraph (1) shall be used for the following 
        purposes:
                  (A) Stipends for fellows.--To provide for a 
                living allowance for the fellows.
                  (B) Travel of fellows.--To defray the costs 
                of transportation of the fellows to the 
                fellowship placement sites.
                  (C) Insurance.--To defray the costs of 
                appropriate insurance of the fellows, the 
                program, and the Board.
                  (D) Training of fellows.--To defray the costs 
                of preservice and midservice education and 
                training of fellows.
                  (E) Support staff.--Staff described in 
                subsection (g).
                  (F) Awards.--End-of-service awards under 
                subsection (d)(3)(D)(iii)(II).
                  (G) Additional approved uses.--For such other 
                purposes that the Board determines appropriate 
                to carry out the program.
          (4) Audit by gao.--
                  (A) In general.--The Comptroller General of 
                the United States shall conduct an annual audit 
                of the accounts of the program.
                  (B) Books.--The program shall make available 
                to the Comptroller General all books, accounts, 
                financial records (including records of 
                salaries of the Executive Director and other 
                personnel), reports, files, and all other 
                papers, things, or property belonging to or in 
                use by the program and necessary to facilitate 
                such audit.
                  (C) Report to congress.--The Comptroller 
                General shall submit a copy of the results of 
                each such audit to the appropriate 
                congressional committees.
    (g) Staff; Powers of Program.--
          (1) Executive director.--
                  (A) In general.--The Board shall appoint an 
                Executive Director of the program who shall 
                administer the program. The Executive Director 
                shall carry out such other functions consistent 
                with the provisions of this section as the 
                Board shall prescribe.
                  (B) Restriction.--The Executive Director may 
                not serve as Chairperson of the Board.
                  (C) Compensation.--The Executive Director 
                shall be paid at a rate not to exceed the rate 
                of basic pay payable for level V of the 
                Executive Schedule under section 5316 of title 
                5, United States Code.\8\
---------------------------------------------------------------------------
    \8\ The current rate of compensation at level V of the Executive 
Schedule is $133,900 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
          (2) Staff.--
                  (A) In general.--With the approval of a 
                majority of the Board, the Executive Director 
                may appoint and fix the pay of additional 
                personnel as the Executive Director considers 
                necessary and appropriate to carry out the 
                functions of the provisions of this section.
                  (B) Compensation.--An individual appointed 
                under subparagraph (A) shall be paid at a rate 
                not to exceed the rate of basic pay payable for 
                level GS-15 of the General Schedule.
          (3) Powers.--In order to carry out the provisions of 
        this section, the program may perform the following 
        functions:
                  (A) Gifts.--The program may solicit, accept, 
                use, and dispose of gifts, bequests, or devises 
                of services or property, both real and 
                personal, for the purpose of aiding or 
                facilitating the work of the program. Gifts, 
                bequests, or devises of money and proceeds from 
                sales of other property received as gifts, 
                bequests, or devises shall be deposited in the 
                Fund and shall be available for disbursement 
                upon order of the Board.
                  (B) Experts and consultants.--The program may 
                procure temporary and intermittent services 
                under section 3109 of title 5, United States 
                Code, but at rates for individuals not to 
                exceed the daily equivalent of the maximum 
                annual rate of basic pay payable for GS-15 of 
                the General Schedule.
                  (C) Contract authority.--The program may 
                contract, with the approval of a majority of 
                the members of the Board, with and compensate 
                Government and private agencies or persons 
                without regard to section 3709 of the Revised 
                Statutes (41 U.S.C. 5).
                  (D) Other necessary expenditures.--The 
                program shall make such other expenditures 
                which the program considers necessary to carry 
                out the provisions of this section, but 
                excluding project development.
    (h) Report.--Not later than December 31 of each year, the 
Board shall submit to the appropriate congressional committees 
a report on the activities of the program carried out during 
the previous fiscal year, and shall include the following:
          (1) An analysis of the evaluations conducted under 
        subsection (d)(4) (relating to evaluations of the 
        Emerson and Leland fellowships and accomplishment of 
        the program purposes) during that fiscal year.
          (2) A statement of the total amount of funds 
        attributable to gifts received by the program in that 
        fiscal year (as authorized under subsection (g)(3)(A)), 
        and the total amount of such funds that were expended 
        to carry out the program that fiscal year.
    (i) \9\ Authorization of Appropriations.--There are 
authorized to be appropriated $18,000,000 to carry out the 
provisions of this section.
---------------------------------------------------------------------------
    \9\ Sec. 721 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2006 (Public 
Law 109-97; 119 Stat. 2152), provided the following:
    ``Sec. 721. In addition to amounts otherwise appropriated or made 
available by this Act, $2,500,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, through 
the Congressional Hunger Center.''.
    Sec. 1 of Public Law 108-58 (117 Stat. 859) provided the following:
---------------------------------------------------------------------------

``section 1. temporary authority for congressional hunger center to award 
bill emerson and mickey leland hunger fellowships.
---------------------------------------------------------------------------

    ``Notwithstanding the Congressional Hunger Fellows Act of 2002 
(section 4404 of Public Law 107-171; 2 U.S.C. 1161), funds appropriated 
for fiscal years 2003 and 2004 for the purpose of providing the Bill 
Emerson and Mickey Leland Hunger Fellowships shall be made available to 
the Congressional Hunger Center for the purposes of awarding the 
fellowships, except that any such funds provided in excess of 
$3,000,000 in fiscal year 2003 or $3,000,000 in fiscal year 2004 shall 
be appropriated to the Congressional Hunger Fellows Trust Fund 
established by such Act.''.
---------------------------------------------------------------------------
    (j) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
          (1) the Committee on Agriculture and the Committee on 
        International Relations of the House of 
        Representatives; and
          (2) the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Foreign Relations of the 
        Senate.
       c. Federal Agriculture Improvement and Reform Act of 1996

Partial text of Public Law 104-127 [H.R. 2854], 110 Stat. 888, approved 
                             April 4, 1996


          Note.--Amendments enacted in Public Law 104-127 to 
        other Acts relating to agriculture have been 
        incorporated into those Acts.



    AN ACT To modify the operation of certain agricultural programs.

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

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

    (a) Short Title.--This Act may be cited as the ``Federal 
Agriculture Improvement and Reform Act of 1996''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 7201 note.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE II--AGRICULTURAL TRADE

Subtitle A--Amendments to Agricultural Trade Development and Assistance 
                    Act of 1954 and Related Statutes

          * * * * * * *

        Subtitle B--Amendments to Agricultural Trade Act of 1978

          * * * * * * *

        Subtitle C--Miscellaneous Agricultural Trade Provisions

          * * * * * * *

SEC. 282. SENSE OF CONGRESS CONCERNING MULTILATERAL DISCIPLINES ON 
                    CREDIT GUARANTEES.

    It is the sense of Congress that--
          (1) in negotiations to establish multilateral 
        disciplines on agricultural export credits and credit 
        guarantees, the United States should not agree to any 
        arrangement that is incompatible with the provisions of 
        United States law that authorize agricultural export 
        credits and credit guarantees;
          (2) in the negotiations (which are held under the 
        auspices of the Organization for Economic Cooperation 
        and Development), the United States should not reach 
        any agreement that fails to impose disciplines on the 
        practices of foreign government trading entities such 
        as the Australian Wheat Board, the Canadian Wheat 
        Board, the New Zealand Dairy Board, and the Australian 
        Dairy Board; and
          (3) the disciplines should include greater openness 
        in the operations of the entities as long as the 
        entities are subsidized by the foreign government or 
        have monopolies for exports of a commodity that are 
        sanctioned by the foreign government.

SEC. 283. INTERNATIONAL COTTON ADVISORY COMMITTEE.

    (a) In General.--The President shall ensure that the 
Government of the United States participates as a full member 
of the International Cotton Advisory Committee.
    (b) Representation by the Secretary.--The Secretary of 
Agriculture shall represent the Government of the United States 
as a member of the International Cotton Advisory Committee and 
shall delegate the primary responsibility to represent the 
Government of the United States to appropriately qualified 
individuals.
          * * * * * * *
         d. Enterprise for the Americas Initiative Act of 1992

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


          Note.--Amendments to title VI of the Agricultural 
        Trade Development and Assistance Act of 1954 enacted in 
        Public Law 102-532 have been incorporated into that 
        Act.



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

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

SECTION 1.\1\ SHORT TITLE.

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

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

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

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

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

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

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

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

    (a) Establishment.--The President shall establish an 
advisory board to be known as the Good Neighbor Environmental 
Board (hereinafter in this section referred to as the 
``Board'').
---------------------------------------------------------------------------
    \5\ 7 U.S.C. 5404.
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the Board shall be to advise 
the President and the Congress on the need for implementation 
of environmental and infrastructure projects (including 
projects that affect agriculture, rural development, and human 
nutrition) within the States of the United States contiguous to 
Mexico in order to improve the quality of life of persons 
residing on the United States side of the border.
    (c) Membership.--The Board shall be composed of--
          (1) representatives from the United States 
        Government, including a representative from the 
        Department of Agriculture and representatives from 
        other appropriate agencies;
          (2) representatives from the governments of the 
        States of Arizona, California, New Mexico, and Texas; 
        and
          (3) representatives from private organizations, 
        including community development, academic, health, 
        environmental, and other nongovernmental entities with 
        experience and expertise on environmental and 
        infrastructure problems along the southwest border.
    (d) Annual Reports to the President and Congress.--
          (1) In general.--The Board shall submit to the 
        President and the Congress of the United States an 
        annual report on--
                  (A) the environmental and infrastructure 
                projects referred to in subsection (a) that 
                have been implemented, and
                  (B) the need for the implementation of 
                additional environmental and infrastructure 
                projects.
          (2) Transmission of copies to board members.--The 
        Board shall--
                  (A) transmit to each member of the Board a 
                copy of any report to be submitted pursuant to 
                paragraph (1) at least 14 days before its 
                submission, and
                  (B) allow each member of the Board to have 14 
                days within which to prepare and submit 
                supplemental views with respect to the 
                recommendations of the Board for inclusion in 
                such report.
       e. Food, Agriculture, Conservation, and Trade Act of 1990

Partial text of Public Law 101-624 [S. 2830], 104 Stat. 3359, approved 
 November 28, 1990; amended by Public Law 102-237 [Food, Agriculture, 
 Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat. 
     1818, approved December 13, 1991; Public Law 104-127 [Federal 
 Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 
 888, approved April 4, 1996; and by Public Law 107-171 [Farm Security 
 and Rural Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved 
                              May 13, 2002


          Note.--The Food, Agriculture, Conservation, and Trade 
        Act of 1990 amended several other Public Laws; these 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations. Title XV, the 
        Agricultural Development and Trade Act of 1990, may be 
        found at page 1428; Title XXIV, the Global Climate 
        Change Prevention Act of 1990, may be found in 
        Legislation on Foreign Relations Through 2005, vol. IV, 
        sec. L. The one freestanding section of subtitle A of 
        title XV, the Mickey Leland Food for Peace Act, was 
        repealed in 1996.



  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
farm credit, and agricultural research and related programs, to ensure 
consumers an abundance of food and fiber at reasonable prices, and for 
                            other purposes.

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

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

  (a) Short Title.--This Act may be cited as the ``Food, 
Agriculture, Conservation, and Trade Act of 1990''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1421 note.
---------------------------------------------------------------------------
          * * * * * * *

                            TITLE IX--SUGAR

          * * * * * * *

SEC. 903.\2\ REPORTS ON QUOTA ALLOCATIONS TO COUNTRIES IMPORTING SUGAR. 
                    * * *
---------------------------------------------------------------------------

    \2\ Sec. 903 amended sec. 902(c) of the Food Security Act of 1985 
(7 U.S.C. 1446 note).
---------------------------------------------------------------------------
          * * * * * * *

                 TITLE XII--STATE AND PRIVATE FORESTRY

SEC. 1201.\3\ SHORT TITLE.
---------------------------------------------------------------------------

    \3\ 16 U.S.C. 2101 note.
---------------------------------------------------------------------------
  This title may be cited as the ``Forest Stewardship Act of 
1990''.
          * * * * * * *

                   Subtitle B--Research and Education

          * * * * * * *

                    CHAPTER 2--SPECIALIZED RESEARCH

          * * * * * * *

SEC. 1247.\4\ INTERNATIONAL FOREST PRODUCTS TRADE INSTITUTE.

  (a) Establishment.--The Secretary of Agriculture may 
establish an International Forest Products Trade Institute 
(hereafter in this section referred to \5\ as the 
``Institute'').
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 2112 note.
    \5\ Sec. 1018(c) of Public Law 102-237 (105 Stat. 1905) struck out 
``in this section'' here.
---------------------------------------------------------------------------
  (b) Mission.--The mission of the Institute will be to 
increase the competitive position of the forest industries of 
the northeastern United States as major producers of 
international forest products in order to increase domestic 
employment and stimulate rural development, and to provide a 
knowledgeable, objective analysis of global forest resource 
problems.
  (c) Functions.--The Institute shall--
          (1) emphasize the application of existing knowledge 
        to the manufacturing and international marketing of 
        forest products as well as conduct new research related 
        to the competitiveness of the northeastern forest 
        products industry;
          (2) study and evaluate domestic and international 
        forest, forest sector, agroforestry, development, 
        economic, and trade policies;
          (3) design, analyze and test technologically 
        appropriate manufacturing, processing and marketing 
        systems which are supportive of and consistent with 
        forest policy and management strategies formulated by 
        the Institute and which enhance opportunities for 
        markets in forest products; and
          (4) formulate and test management strategies for--
                  (A) United States forests, and
                  (B) manufacturing facilities that promote 
                ecologically sustainable use, and long-term 
                management, of international forests.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as may be necessary to carry out the 
purposes of this section.
          * * * * * * *

             TITLE XIII--FRUITS, VEGETABLES, AND MARKETING

                   Subtitle A--Fruits and Vegetables

          * * * * * * *

SEC. 1308. MARKETING ORDERS.

  Section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-
1), reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, is amended by--
          (1) striking ``(a) Notwithstanding any other 
        provision of law,'' in the first sentence, and 
        inserting in its place ``(a) Subject to the provisions 
        of subsections (c) and (d) and notwithstanding any 
        other provision of law,'';
          (2) adding at the end thereof the following new 
        subsections:
  ``(c) Prior to any import prohibition or regulation under 
this section being made effective with respect to any 
commodity--
          ``(1) the Secretary of Agriculture shall notify the 
        United States Trade Representative of such import 
        prohibition or regulation; and
          ``(2) the United States Trade Representative shall 
        advise the Secretary of Agriculture, within 60 days of 
        the notification under paragraph (1), to ensure that 
        the application of the grade, size, quality, and 
        maturity provisions of the relevant marketing order, or 
        comparable restrictions, to imports is not inconsistent 
        with United States international obligations under any 
        trade agreement, including the General Agreement on 
        Tariffs and Trade.
  ``(d) The Secretary may proceed with the proposed prohibition 
or regulation if the Secretary receives the advice and 
concurrence of the United States Trade Representative within 60 
days of the notification under subsection (c)(1).''.
          * * * * * * *

                      TITLE XV--AGRICULTURAL TRADE

SEC. 1501.\6\ SHORT TITLE.

  This title may be cited as the ``Agricultural Development and 
Trade Act of 1990''.
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 1691 note. For text of the freestanding sections of 
the Agricultural Development and Trade Act of 1990, see page 1428.
---------------------------------------------------------------------------

 Subtitle A--Agricultural Trade Development and Assistance Act of 1954

SEC. 1511.\7\ SHORT TITLE.

  This subtitle may be cited as the ``Mickey Leland Food for 
Peace Act''.
---------------------------------------------------------------------------
    \7\ 7 U.S.C. 1691 note. The one freestanding section of the Mickey 
Leland Food for Peace Act, sec. 1517--Debt-for-Health-and-Protection 
Swap, was repealed by sec. 265 of the Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
---------------------------------------------------------------------------

SEC. 1512.\8\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 
                    1954.

  The Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) is amended to read as follows:
---------------------------------------------------------------------------
    \8\ Sec. 1512 amended the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1543A.\9\ BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.

    (a) Establishment.--There is established in the Department 
the biotechnology and agricultural trade program.
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 5679. Added by sec. 3204 of the Farm Security and 
Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 300).
---------------------------------------------------------------------------
    (b) Purpose.--The purpose of the program shall be to 
remove, resolve, or mitigate significant regulatory nontariff 
barriers to the export of United States agricultural 
commodities (as defined in section 102 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5602)) into foreign markets through 
public and private sector projects funded by grants that 
address--
          (1) quick response intervention regarding nontariff 
        barriers to United States exports involving--
                  (A) United States agricultural commodities 
                produced through biotechnology;
                  (B) food safety;
                  (C) disease; or
                  (D) other sanitary or phytosanitary concerns; 
                or
          (2) developing protocols as part of bilateral 
        negotiations with other countries on issues such as 
        animal health, grain quality, and genetically modified 
        commodities.
    (c) Eligible Programs.--Depending on need, as determined by 
the Secretary, activities authorized under this section may be 
carried out through--
          (1) this section;
          (2) the emerging markets program under section 1542; 
        or
          (3) the Cochran Fellowship Program under section 
        1543.
    (d) Funding.--There is authorized to be appropriated 
$6,000,000 for each of fiscal years 2002 through 2007.

                          TITLE XVI--RESEARCH

        Subtitle A--Extensions and Changes to Existing Programs

          * * * * * * *

SEC. 1613. INTERNATIONAL AGRICULTURAL SCIENCE, EDUCATION, AND 
                    DEVELOPMENT AND INTERNATIONAL TRADE DEVELOPMENT 
                    CENTERS.

  (a) Science, Education, and Development.--Subsection (a) of 
section 1458 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) is amended 
to read as follows: * * * \10\
---------------------------------------------------------------------------
    \10\ For text, see page 1545.
---------------------------------------------------------------------------
          * * * * * * *

             Subtitle H--Miscellaneous Research Provisions

          * * * * * * *
---------------------------------------------------------------------------
    \11\ Formerly at 7 U.S.C. 5931. Sec. 865 of Public Law 104-127 (110 
Stat. 1174) repealed sec. 1678, which had authorized the Secretary of 
Agriculture to provide at least two special grants to land-grant 
colleges and universities to conduct a study evaluating the trade 
impacts of technical barriers, quality factors, and end-use 
characteristics in agricultural trade to determine whether such factors 
are consistent between commodities.
---------------------------------------------------------------------------

SEC. 1678.\11\ * * * [REPEALED--1996]

          * * * * * * *

                 TITLE XXIV--GLOBAL CLIMATE CHANGE \12\

          * * * * * * *
---------------------------------------------------------------------------
    \12\ Title XXIV, the ``Global Climate Change Prevention Act of 
1990'', may be found in Legislation on Foreign Relations Through 2005, 
vol. IV, sec. L.
           f. Agricultural Development and Trade Act of 1990

 Title XV of Public Law 101-624 [Food, Agriculture, Conservation, and 
Trade Act of 1990; S. 2830], 104 Stat. 3359 at 3632, approved November 
      28, 1990; amended by Public Law 102-237 [Food, Agriculture, 
 Conservation, and Trade Act Amendments of 1991; H.R. 3029], 105 Stat. 
 1818, approved December 13, 1991; Public Law 102-511 [FREEDOM Support 
 Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law 
 102-583 [International Narcotics Control Act of 1992; H.R. 6187], 106 
   Stat. 4914, approved November 2, 1992; Public Law 103-182 [North 
American Free Trade Agreement Implementation Act; H.R. 3450], 107 Stat. 
  2057, approved December 8, 1993; Public Law 104-66 [Federal Reports 
 Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved 
   December 21, 1995; and by Public Law 104-127 [Federal Agriculture 
Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved 
                             April 4, 1996


          Note.--The Food, Agriculture, Conservation, and Trade 
        Act of 1990 amended several other Public Laws; these 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations. Title XV appears 
        here as the Agricultural Development and Trade Act of 
        1990. Freestanding sections of Public Law 101-624 may 
        be found at page 1423; title XXIV, the Global Climate 
        Change Prevention Act of 1990, may be found in 
        Legislation on Foreign Relations Through 2005, vol. IV, 
        sec. L. The one freestanding section of subtitle A of 
        title XV, the Mickey Leland Food for Peace Act, was 
        repealed in 1996.



  AN ACT To extend and revise agricultural price support and related 
 programs, to provide for agricultural export, resource conservation, 
farm credit, and agricultural research and related programs, to ensure 
consumers an abundance of food and fiber at reasonable prices, and for 
                            other purposes.

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

                      TITLE XV--AGRICULTURAL TRADE

SEC. 1501.\1\ SHORT TITLE.

  This title may be cited as the ``Agricultural Development and 
Trade Act of 1990''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------

 Subtitle A--Agricultural Trade Development and Assistance Act of 1954

SEC. 1511.\2\ SHORT TITLE.

  This subtitle may be cited as the ``Mickey Leland Food for 
Peace Act''.
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 1691 note. The one freestanding section of the Mickey 
Leland Food for Peace Act, sec. 1517--Debt-for-Health-and-Protection 
Swap, was repealed by sec. 265 of the Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127; 110 Stat. 974).
---------------------------------------------------------------------------

SEC. 1512.\3\ AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 
                    1954.

  The Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) is amended to read as follows:
---------------------------------------------------------------------------
    \3\ Sec. 1512 amended the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691 et seq.).
---------------------------------------------------------------------------
          * * * * * * *

                      Subtitle C--Export Promotion

SEC. 1531.\4\ AMENDMENT TO THE AGRICULTURAL TRADE ACT OF 1978.
---------------------------------------------------------------------------

    \4\ Sec. 1531 amended the Agricultural Trade Act of 1978 (7 U.S.C. 
1761 et seq.).
---------------------------------------------------------------------------
          * * * * * * *

                     Subtitle D--General Provisions

          * * * * * * *

SEC. 1542.\5\ PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.

    (a) Funding.--The Commodity Credit Corporation shall make 
available for fiscal years 1996 through 2007 \6\ not less than 
$1,000,000,000 of direct credits or export credit guarantees 
for exports to emerging markets under section 201 or 202 of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622), in 
addition to the amounts acquired or authorized under section 
211 of the Act (7 U.S.C. 5641) for the program.
---------------------------------------------------------------------------
    \5\ 7 U.S.C. 5622 note. Sec. 277(a)(1)(A) of Public Law 104-127 
(110 Stat. 977) struck out ``emerging democracies'' from the section 
catchline, and inserted in lieu thereof ``emerging markets''. Sec. 
277(a)(2) of that Act amended and restated subsec. (a), which had 
formerly read, as amended, as follows:
    ``(a) Guarantees To Be Made Available.--The Commodity Credit 
Corporation, for the fiscal years 1991 through 1995 shall make 
available not less than $1,000,000,000 of direct credits or export 
credit guarantees for exports to emerging democracies under section 201 
or 202 of the Agricultural Trade Act of 1978, in addition to the 
amounts required or authorized under section 211 of that Act for such 
program.''.
    \6\ Sec. 3203 of the Farm Security and Rural Investment Act of 2002 
(Public Law 107-171; 116 Stat. 300) struck out ``2002'' and inserted in 
lieu thereof ``2007''.
---------------------------------------------------------------------------
  (b) \7\ Facilities and Services.--A portion of such export 
credit guarantees shall be made available \8\ for--
---------------------------------------------------------------------------
    \7\ Sec. 706(2)(A) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) struck out the subsec. heading ``Improvement of 
Facilities.--'' and inserted in lieu thereof ``Facilities and 
Services.--''.
    \8\ Sec. 706(2)(B) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) struck out ``for the establishment or improvement by 
United States persons of facilities in emerging democracies'' following 
``shall be made available'' and inserted in lieu thereof ``for--'' and 
paras. (1) and (2), through ``by United States persons''.
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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\
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    \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''.
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                          (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
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    \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.
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    \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.
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    \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;
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    \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''.
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                          (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\
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    \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).
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                                  (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.
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    \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).
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  (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--
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    \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.
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                  (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--
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    \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:
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  ``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.
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    ``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).
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          (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.
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    \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 * * *''.
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  (b) Eligible Countries.--Countries described in any of the 
following paragraphs \35\ shall be eligible to participate in 
the program established under this section:
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    \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''.
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          (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.
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    \36\ Sec. 705(a)(2)(B) of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3349) added para. (4).
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          (5) \37\ Emerging market.--Any emerging market, as 
        defined in section 1542(f).
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    \37\ Sec. 277(b)(2) of Public Law 104-127 (110 Stat. 979) added 
para. (5).
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  (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
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    \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''.
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          (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\
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    \39\ Sec. 705(b) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) added the last sentence in subsec. (d).
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  (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.
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    \40\ Sec. 1002 of Public Law 102-237 (105 Stat. 1894) struck out 
``Program'' and inserted in lieu thereof ``program''.
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  (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).
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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).
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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.
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          * * * * * * *
    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:
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``sec. 703. assistance for private voluntary organizations.
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    ``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--
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  ``(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.).''.
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    \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.
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    \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--
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  ``(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.''.
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    \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''.
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    (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
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    \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.
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    \17\ Sec. 2 of Public Law 100-277 (102 Stat. 67) added subpara. 
(D).
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    (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.
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    \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:
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    \20\ Sec. 1(a)(b)(2) of Public Law 100-277 (102 Stat. 67) struck 
out ``, and products thereof,'' at this point.
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          (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).
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          (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--
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    \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''.
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                  (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--
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  ``(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\
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    \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).
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                  (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.
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    \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.
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    \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).
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    (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).
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    (11) \39\ Requirements.--
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    \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).
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          (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]
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    \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).
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          * * * * * * *
 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.
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    \1\ 7 U.S.C. 1736f note.
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          * * * * * * *
    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.
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    \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).
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    (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.
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    \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''.
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    (b) Not later than 120 days after the date of enactment of 
this Act, the Administrator of the Agency for International 
Development, in conjunction with the Secretary of Agriculture, 
shall submit to Congress a report indicating the manner in 
which the Agency intends to implement the provisions of 
paragraphs (1) and (2) of section 406(a) of the Agricultural 
Trade Development and Assistance Act of 1954 with the funds 
made available under subsection (a).
          * * * * * * *

                           food for progress

    Sec. 1110.\6\ (a) This section may be cited as the ``Food 
for Progress Act of 1985''.
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 1736o. Sec. 4(g) of Executive Order No. 12752 of 
February 25, 1991 (56 F.R. 8255; February 27, 1991) delegated to the 
Secretary of Agriculture the functions conferred on the President in 
the Food for Progress Act, as amended.
    Sec. 703 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3349), provided the following:
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``sec. 703. assistance for private voluntary organizations.
---------------------------------------------------------------------------

    ``The President is encouraged to use funds made available under 
section 109 of Public Law 102-229 (105 Stat. 1708), and funds made 
available under chapter 11 of part I of the Foreign Assistance Act of 
1961, to assist private voluntary organizations and cooperatives in 
carrying out food assistance programs for the independent states of the 
former Soviet Union under--
---------------------------------------------------------------------------

  ``(1) section 1110 of the Food Security Act of 1985 (7 U.S.C. 1736o);

  ``(2) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or

  ``(3) title II of the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1721 et seq.).''.

    (b) \7\ Definitions.--In this section:
---------------------------------------------------------------------------
    \7\ Sec. 3106(b)(1) of the Farm Security and Rural Investment Act 
of 2002 (Public Law 107-171; 116 Stat. 291) amended and restated 
subsecs. (b) and (c).
---------------------------------------------------------------------------
          (1) Cooperative.--The term ``cooperative'' has the 
        meaning given the term in section 402 of the 
        Agricultural Trade Development and Assistance Act of 
        1954 (7 U.S.C. 1732).
          (2) Corporation.--The term ``Corporation'' means the 
        Commodity Credit Corporation.
          (3) Developing country.--The term ``developing 
        country'' has the meaning given the term in section 402 
        of the Agricultural Trade Development and Assistance 
        Act of 1954 (7 U.S.C. 1732).
          (4) Eligible commodity.--The term ``eligible 
        commodity'' means an agricultural commodity, or a 
        product of an agricultural commodity, in inventories of 
        the Corporation or acquired by the President or the 
        Corporation for disposition through commercial 
        purchases under a program authorized under this 
        section.
          (5) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) the government of an emerging 
                agricultural country;
                  (B) an intergovernmental organization;
                  (C) a private voluntary organization;
                  (D) a nonprofit agricultural organization or 
                cooperative;
                  (E) a nongovernmental organization; and
                  (F) any other private entity.
          (6) Food security.--The term ``food security'' means 
        access by all people at all times to sufficient food 
        and nutrition for a healthy and productive life.
          (7) Nongovernmental organization.--The term 
        ``nongovernmental organization'' has the meaning given 
        the term in section 402 of the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1732).
          (8) Private voluntary organization.--The term 
        ``private voluntary organization'' has the meaning 
        given the term in section 402 of the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1732).
          (9) Program.--The term ``program'' means a food 
        assistance or development initiative proposed by an 
        eligible entity and approved by the President under 
        this section.
    (c) \7\ Program.--In order to use the food resources of the 
United States more effectively in support of developing 
countries, and countries that are emerging democracies that 
have made commitments to introduce or expand free enterprise 
elements in their agricultural economies through changes in 
commodity pricing, marketing, input availability, distribution, 
and private sector involvement, the President shall \8\ enter 
into agreements with eligible entities to furnish to the 
countries eligible commodities made available under subsections 
(e) and (f).
---------------------------------------------------------------------------
    \8\ Sec. 745(1) of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2005 
(division A of Public Law 108-447; 117 Stat. 44) struck out ``may'' and 
inserted in lieu thereof ``shall''.
---------------------------------------------------------------------------
    (d) Consideration for Agreements.--In determining \9\ 
whether to enter into an agreement \10\ under this section, the 
President shall consider whether a potential recipient country 
is committed to carry out, or is carrying out, policies that 
promote economic freedom, private, domestic production of 
eligible commodities \11\ for domestic consumption, and the 
creation and expansion of efficient domestic markets for the 
purchase and sale of such commodities. Such policies may 
provide for, among other things--
---------------------------------------------------------------------------
    \9\ Sec. 3106(c) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 292) struck out ``(d) In 
determining'' and inserted in lieu thereof ``(d) Consideration for 
Agreements.--In determining''.
    \10\ Sec. 1516(2) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3663) struck out ``with 
countries'' at this point.
    \11\ Sec. 3106(b)(2)(A) of the Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out ``food'' 
before ``commodities''. Sec. 3106(b)(2)(D) of that Act struck out 
``commodities'' and inserted in lieu thereof ``eligible commodities''.
---------------------------------------------------------------------------
          (1) access, on the part of farmers in the country, to 
        private, competitive markets for their product;
          (2) market pricing of eligible commodities \12\ to 
        foster adequate private sector incentives to individual 
        farmers to produce food on a regular basis for the 
        country's domestic needs;
---------------------------------------------------------------------------
    \12\ Sec. 3106(b)(2)(D) of the Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171; 116 Stat. 292) struck out 
``commodities'' and inserted in lieu thereof ``eligible commodities''.
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          (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.
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    \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''.
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    (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\
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    \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''.
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    (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.
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    \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''.
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    (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).
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          (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.--
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    \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''.
---------------------------------------------------------------------------
                  (B) a detailed plan for using available 
                export and food aid authorities to increase 
                United States agricultural exports to those 
                targeted countries.
    (d) \63\ Compensation for the Special Assistant shall be 
fixed by the President at an annual rate of basic pay of not 
less than the rate applicable to positions in level III of the 
Executive Schedule.
---------------------------------------------------------------------------
    \63\ Subsec. (d) was amended by sec. 4(d) of Public Law 99-260 (100 
Stat. 49), which substituted the provisions relating to the additional 
required functions of the Special Assistant for the provisions relating 
to compensation for the Special Assistant. Subsec. (d) previously read 
as follows:
    ``(d) The Special Assistant shall also--
---------------------------------------------------------------------------

  ``(1) solicit information and advice from private and governmental 
sources and recommend a plan to the President and Congress on measures that 
should be taken--

  ``(A) to promote the export of United States agricultural commodities and 
the products thereof; and

  ``(B) to expand export markets for United States agricultural commodities 
and the products thereof;

  ``(2) develop and recommend to the President national agricultural 
policies to foster and promote the United States agricultural industry and 
to maintain and increase strength of this vitally important sector of the 
United States economy; and

  ``(3)(A) appraise the various programs and activities of the Federal 
Government, as they affect the United States agricultural industry, for the 
purpose of determining the extent to which such programs and activities are 
contributing or not contributing to such industry; and

  ``(B) make recommendations to the President and Congress with respect to 
the effectiveness of such programs and activities in contributing to such 
industry.''.
---------------------------------------------------------------------------

    The current rate of compensation at level III of the Executive 
Schedule is $152,000 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------

       Subtitle B--Maintenance and Development of Export Markets

                        trade policy declaration

    Sec. 1121.\64\ It is hereby declared to be the agricultural 
trade policy of the United States to--
---------------------------------------------------------------------------
    \64\ 7 U.S.C. 1736p. Sec. 267 of Public Law 104-127 (110 Stat. 974) 
struck out subsec. (a), struck out subsec. designation ``(b)'', struck 
out paras. (1) through (4) in former subsec. (b), and inserted new 
paras. (1) through (4).
    Subsec. (a) and paras. (1) through (4) of former subsec. (b) read 
as follows:
    ``(a) Congress finds that--
---------------------------------------------------------------------------

  ``(1) the volume and value of United States agricultural exports have 
significantly declined in recent years as a result of unfair foreign 
competition and the high value of the dollar;

  ``(2) this decline has been exacerbated by the lack of uniform and 
coherent objectives in United States agricultural trade policy and the 
absence of direction and coordination in trade policy formulation;

  ``(3) agricultural interests have been under-represented in councils of 
government responsible for determining economic policy that has contributed 
to a strengthening of the United States dollar;

  ``(4) foreign policy objectives of the United States have been introduced 
into the trade policy process in a manner injurious to the goal of 
maximizing United States economic interests through trade; and

  ``(5) the achievement of that goal is in the best interests of the United 
States.
---------------------------------------------------------------------------

    ``(b) It is hereby declared to be the agricultural trade policy of 
the United States to--
---------------------------------------------------------------------------

  ``(1) provide through all means possible agricultural commodities and 
their products for export at competitive prices, with full assurance of 
quality and reliability of supply;

  ``(2) support the principle of free trade and the promotion of fairer 
trade in agricultural commodities and their products;

  ``(3) cooperate fully in all efforts to negotiate with foreign countries 
reductions in current barriers to fair trade;

  ``(4) counter aggressively unfair foreign trade practices using all 
available means, including export restitution, export bonus programs, and, 
if necessary, restrictions on United States imports of foreign agricultural 
commodities and their products, as a means to encourage fairer trade;''.

          (1) be the premier supplier of agricultural and food 
        products to world markets and expand exports of high 
        value products;
          (2) support the principle of free trade and the 
        promotion of fair trade in agricultural commodities and 
        products;
          (3) cooperate fully in all efforts to negotiate with 
        foreign countries further reductions in tariff and 
        nontariff barriers to trade, including sanitary and 
        phytosanitary measures and trade-distorting subsidies;
          (4) aggressively counter unfair foreign trade 
        practices as a means of encouraging fairer trade;
          (5) remove foreign policy constraints to maximize 
        United States economic interests through agricultural 
        trade; and
          (6) provide for the consideration of United States 
        agricultural trade interests in the design of national 
        fiscal and monetary policy that may foster continued 
        strength in the value of the dollar.
---------------------------------------------------------------------------
    \65\ Formerly at 7 U.S.C. 1736q. Sec. 268 of Public Law 104-127 
(110 Stat. 975) repealed sec. 1122, which had stated the sense of the 
Congress regarding trade liberalization.
---------------------------------------------------------------------------
    Sec. 1122.\65\ * * * [Repealed--1996]

SEC. 1123.\66\ TRADE NEGOTIATIONS POLICY.

    (a) Findings.--Congress finds that--
---------------------------------------------------------------------------
    \66\ 7 U.S.C. 1736r. Sec. 269 of Public Law 104-127 (110 Stat. 975) 
amended and restated sec. 1123. The section previously had authorized 
the Secretary of Agriculture to confer with representatives of other 
major agricultural producing countries and initiate and pursue 
agricultural trade consultations among major agricultural producing 
countries.
---------------------------------------------------------------------------
          (1) on a level playing field, United States producers 
        are the most competitive suppliers of agricultural 
        products in the world;
          (2) exports of United States agricultural products 
        accounted for $54,000,000,000 in 1995, contributing a 
        net $24,000,000,000 to the merchandise trade balance of 
        the United States and supporting approximately 
        1,000,000 jobs;
          (3) increased agricultural exports are critical to 
        the future of the farm, rural, and overall United 
        States economy, but the opportunities for increased 
        agricultural exports are limited by the unfair 
        subsidies of the competitors of the United States, and 
        a variety of tariff and nontariff barriers to highly 
        competitive United States agricultural products;
          (4) international negotiations can play a key role in 
        breaking down barriers to United States agricultural 
        exports;
          (5) the Uruguay Round Agreement on Agriculture made 
        significant progress in the attainment of increased 
        market access opportunities for United States exports 
        of agricultural products, for the first time--
                  (A) restraining foreign trade-distorting 
                domestic support and export subsidy programs; 
                and
                  (B) developing common rules for the 
                application of sanitary and phytosanitary 
                restrictions;
        that should result in increased exports of United 
        States agricultural products, jobs, and income growth 
        in the United States;
          (6) the Uruguay Round Agreement on Agriculture did 
        not succeed in completely eliminating trade distorting 
        domestic support and export subsidies by--
                  (A) allowing the European Union to continue 
                unreasonable levels of spending on export 
                subsidies; and
                  (B) failing to discipline monopolistic state 
                trading entities, such as the Canadian Wheat 
                Board, that use nontransparent and 
                discriminatory pricing as a hidden de facto 
                export subsidy;
          (7) during the period 1996 through 2002, there will 
        be several opportunities for the United States to 
        negotiate fairer trade in agricultural products, 
        including further negotiations under the World Trade 
        Organization, and steps toward possible free trade 
        agreements of the Americas and Asian-Pacific Economic 
        Cooperation (APEC); and
          (8) the United States should aggressively use these 
        opportunities to achieve more open and fair 
        opportunities for trade in agricultural products.
    (b) Goals of the United States in Agricultural Trade 
Negotiations.--The objectives of the United States with respect 
to future negotiations on agricultural trade include--
          (1) increasing opportunities for United States 
        exports of agricultural products by eliminating tariff 
        and nontariff barriers to trade;
          (2) leveling the playing field for United States 
        producers of agricultural products by limiting per unit 
        domestic production supports to levels that are no 
        greater than those available in the United States;
          (3) ending the practice of export dumping by 
        eliminating all trade distorting export subsidies and 
        disciplining state trading entities so that they do not 
        (except in cases of bona fide food aid) sell in foreign 
        markets at prices below domestic market prices or 
        prices below their full costs of acquiring and 
        delivering agricultural products to the foreign 
        markets; and
          (4) encouraging government policies that avoid price-
        depressing surpluses.
    Sec. 1124.\67\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \67\ Formerly at 7 U.S.C. 1736s. Sec. 1124, relating to targeted 
export assistance, was repealed by sec. 1572(3) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 
104 Stat. 3702).
---------------------------------------------------------------------------
    Sec. 1125.\68\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \68\ Formerly at 7 U.S.C. 1736t. Sec. 1125, relating to short-term 
export credit, was repealed by sec. 1572(3) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 
3702).
---------------------------------------------------------------------------

                 cooperator market development program

    Sec. 1126.\69\ (a) It is the sense of Congress that the 
cooperator market development program of the Foreign 
Agricultural Service should be continued to help develop new 
markets and expand and maintain existing markets for United 
States agricultural commodities, using nonprofit agricultural 
trade organizations to the maximum extent practicable.
---------------------------------------------------------------------------
    \69\ 7 U.S.C. 1736u.
---------------------------------------------------------------------------
    (b) The cooperator market development program shall be 
exempt from the requirements of Circular A 110 issued by the 
Office of Management and Budget.
    (c) * * *

  development and expansion of markets for united states agricultural 
                              commodities

    Sec. 1127.\70\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \70\ Sec. 1127 (7 U.S.C. 1736v) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

    poultry, beef and pork meats and meat-food products, equitable 
                               treatment

    Sec. 1128.\71\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \71\ Sec. 1128 (7 U.S.C. 1736w) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

   pilot barter program for exchange of agricultural commodities for 
                          strategic materials

    Sec. 1129.\72\ * * *
---------------------------------------------------------------------------
    \72\ Sec. 1129 amended sec. 416 of the Agricultural Act of 1949.
---------------------------------------------------------------------------
          * * * * * * *

                      agricultural attache reports

    Sec. 1132.\73\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \73\ Sec. 1132 (7 U.S.C. 1736x) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

           contract sanctity and producer embargo protection

    Sec. 1133.\74\ (a) It is hereby declared to be the policy 
of the United States--
---------------------------------------------------------------------------
    \74\ 7 U.S.C. 1736y.
---------------------------------------------------------------------------
          (1) to foster and encourage the export of 
        agricultural commodities and the products of such 
        commodities;
          (2) not to restrict or limit the export of such 
        commodities and products except under the most 
        compelling circumstances;
          (3) that any prohibition or limitation on the export 
        of such commodities or products should be imposed only 
        in time of a national emergency declared by the 
        President under the Export Administration Act; and
          (4) that contracts for the export of such commodities 
        or products entered into before the imposition of any 
        prohibition or limitation on the export of such 
        commodities or products should not be abrogated.

                 study to reduce foreign exchange risk

    Sec. 1134. (a) The Secretary of Agriculture shall conduct a 
study to determine the feasibility, practicability and cost of 
implementing a program to reduce the risk of foreign exchange 
fluctuations that is incurred by the purchasers of United 
States agricultural exports under United States export credit 
promotion programs. The purpose of the study is to examine 
whether the GSM-102 program and all other United States export 
credit initiatives relating to agricultural exports would be 
enhanced by the United States assuming the foreign exchange 
risk of the buyer which resulted from a rise in the value of 
the United States dollar compared to the trade-weighted index 
of the dollar. The index referred to is the ``trade-weighted 
index'' published by the Department of Commerce as a 
measurement of the relative buying power of the dollar compared 
to the currencies of nations trading with the United States. 
The elements of the program to be considered in this study 
would include the following:
          (1) On the date a foreign buyer receives GSM-102 or 
        other credit for purposes of purchasing United States 
        agricultural products, the maximum loan repayment 
        exchange rate would be tied to the trade-weighted value 
        of the United States dollar on the same date.
          (2) If in the future the United States dollar gains 
        in strength (a higher trade-weighted index), the buyer 
        would continue to repay the loan at the lower value 
        fixed at the time the GSM-102 credit was extended.
          (3) If the United States dollar falls in value during 
        the term of the repayment period, the foreign buyer 
        could calculate his repayment on the lower dollar 
        value.
    (b) Not later than six months after the enactment of this 
Act, the Secretary shall report the results of such study to 
the Committee on Agriculture of the House of Representatives 
and to the Committee on Agriculture, Nutrition, and Forestry of 
the Senate.

     Subtitle C--Export Transportation of Agricultural Commodities

                       findings and declarations

    Sec. 1141. (a) The Congress finds and declares--
          (1) that a productive and healthy agricultural 
        industry and a strong and active United States maritime 
        industry are vitally important to the economic well-
        being and national security objectives of our Nation;
          (2) that both industries must compete in 
        international markets increasingly dominated by foreign 
        trade barriers and the subsidization practices of 
        foreign governments; and
          (3) that increased agricultural exports and the 
        utilization of United States merchant vessels 
        contribute positively to the United States balance of 
        trade and generate employment opportunities in the 
        United States.
    (b) It is therefore declared to be the purpose and policy 
of the Congress in this subtitle--
          (1) to enable the Department of Agriculture to plan 
        its export programs effectively, by clarifying the 
        ocean transportation requirements applicable to such 
        programs;
          (2) to take immediate and positive steps to promote 
        the growth of the cargo carrying capacity of the United 
        States merchant marine;
          (3) to expand international trade in United States 
        agricultural commodities and products and to develop, 
        maintain, and expand markets for United States 
        agricultural exports;
          (4) to improve the efficiency of administration of 
        both the commodity purchasing and selling and the ocean 
        transportation activities associated with export 
        programs sponsored by the Department of Agriculture;
          (5) to stimulate and promote both the agricultural 
        and maritime industries of the United States and 
        encourage cooperative efforts by both industries to 
        address their common problems; and
          (6) to provide in the Merchant Marine Act, 1936, for 
        the appropriate disposition of these findings and 
        purposes.

exemption of certain agricultural exports from the requirements of the 
                         cargo preference laws

    Sec. 1142.\75\ * * *
---------------------------------------------------------------------------
    \75\ Sec. 1142 amended the Merchant Marine Act, 1936 (46 U.S.C. 
1101 et seq.).
---------------------------------------------------------------------------

                          effect on other laws

    Sec. 1143. This subtitle shall not be construed as 
modifying in any manner the provisions of section 4(b)(8) of 
the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)) or 
chapter 5 of title 5, United States Code.
          * * * * * * *

                      Subtitle E--Trade Practices

          * * * * * * *

                   assessment of export displacement

    Sec. 1162.\76\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \76\ Sec. 1162 (7 U.S.C. 1736z) was repealed by sec. 1572(3) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 104 Stat. 3702).
---------------------------------------------------------------------------

                     export sales of dairy products

    Sec. 1163.\77\ (a) \78\ In each fiscal year, the Secretary 
of Agriculture may sell dairy products for export, at such 
prices as the Secretary determines appropriate, in a quantity 
and allocated as determined by the Secretary, consistent with 
the obligations undertaken by the United States set forth in 
the Uruguay Round Agreements, if the disposition of the 
commodities will not interfere with the usual marketings of the 
United States nor disrupt world prices of agricultural 
commodities and patterns of world trade.
---------------------------------------------------------------------------
    \77\ 7 U.S.C. 1731 note.
    \78\ Sec. 411(c) of Public Law 103-465 (108 Stat. 4963) amended and 
restated subsec. (a). It previously read as follows, as amended by sec. 
111 of Public Law 101-624 (104 Stat. 3380), and by sec. 107(1) of 
Public Law 100-435 (102 Stat. 1651):
    ``(a) In each of the fiscal years 1986 through 1995, the Secretary 
of Agriculture shall sell for export, at such prices as the Secretary 
determines appropriate, not less than 150,000 metric tons of dairy 
products owned by the Commodity Credit Corporation, of which not less 
than 100,000 metric tons shall be butter and not less than 20,000 
metric tons shall be cheese, if that disposition of such commodities 
will not interfere with the usual marketings of the United States nor 
disrupt world prices of agricultural commodities and normal patterns of 
commercial trade.''.
---------------------------------------------------------------------------
    (b) Such sales shall be made through the Commodity Credit 
Corporation under existing authority available to the Secretary 
or the Commodity Credit Corporation.
    (c) Through September 30, 1995,\79\ the Secretary shall 
report semi-annually to the Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate on the volume of sales 
made under this section.
---------------------------------------------------------------------------
    \79\ Sec. 111 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3380) struck out ``1990'' and 
inserted in lieu thereof ``1995''. Previously, sec. 107(2) of Public 
Law 100-435 (102 Stat. 1651) struck out ``1988'' and inserted in lieu 
thereof ``1990''.
---------------------------------------------------------------------------
    Sec. 1164.\80\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \80\ Sec. 270 of Public Law 104-127 (110 Stat. 976) repealed sec. 
1164, relating to unfair trade practices.
---------------------------------------------------------------------------

                               thai rice

    Sec. 1165.\81\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \81\ Sec. 1165 (7 U.S.C. 1736 note) was repealed by sec. 1572(3) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 
101-624; 104 Stat. 3702).
---------------------------------------------------------------------------

barter of agricultural commodities for strategic and critical materials

    Sec. 1167.\82\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \82\ Sec. 1167 (7 U.S.C. 1736aa) was repealed by sec. 1572(3) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 
101-624; 104 Stat. 3702).
---------------------------------------------------------------------------
          * * * * * * *

       TITLE XIV--AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING

                     Subtitle A--General Provisions

          * * * * * * *

             agricultural information exchange with ireland

    Sec. 1420. (a) The Secretary of Agriculture shall undertake 
discussions with representatives of the Government of Ireland 
that may lead to an agreement that will provide for the 
development of a program between the United States and Ireland 
whereby there will be--
          (1) a greater exchange of--
                  (A) agricultural scientific and educational 
                information, techniques, and data;
                  (B) agricultural marketing information, 
                techniques, and data; and
                  (C) agricultural producer, student, teacher, 
                agribusiness (private and cooperative) 
                personnel; and
          (2) the fostering of joint investment ventures, 
        cooperative research, and the expansion of United 
        States trade with Ireland.
    (b) The Secretary shall periodically report to the Chairman 
of the Committee on Agriculture of the House of Representatives 
and the Chairman of the Committee on Agriculture, Nutrition, 
and Forestry of the Senate to keep such Committees apprised of 
the progress and accomplishments, and such other information as 
the Secretary considers appropriate, with regard to the 
development of such program.
          * * * * * * *
          j. President's Emergency Food Assistance Act of 1984

Partial text of Public Law 98-473 [Continuing Appropriations Act, 1985; 
    H.J. Res. 648], 98 Stat. 1837 at 2194, approved October 12, 1984

 JOINT RESOLUTION Making continuing appropriations for the fiscal year 
                     1985, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,
          * * * * * * *

      TITLE III--PRESIDENT'S EMERGENCY FOOD ASSISTANCE ACT OF 1984

                              short title

    Sec. 301.\1\ This title may be cited as the ``President's 
Emergency Food Assistance Act of 1984''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1728 note.
---------------------------------------------------------------------------

                   Part A--President's Emergency Fund

                                findings

    Sec. 302.\2\ The Congress finds that--
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 1728.
---------------------------------------------------------------------------
          (1) acute food crises continue to cause loss of life, 
        severe malnutrition, and general human suffering in 
        many areas of the Third World, especially in sub-
        Saharan Africa;
          (2) the United States continues to respond to these 
        needs, as a reflection of its humanitarian concern for 
        the people of the Third World, with emergency food and 
        other necessary assistance to alleviate the suffering 
        of those affected by severe food shortages;
          (3) the timely provision of food and other necessary 
        assistance to those in need is of paramount importance 
        if the worst effects of such food crisis are to be 
        mitigated; and
          (4) the ability of the United States to provide food 
        and other necessary assistance on a timely basis, and 
        to ensure that such assistance is distributed to those 
        in need, should be enhanced in order to better enable 
        the United States to help those affected by severe food 
        shortages.

                       establishment of the fund

    Sec. 303.\3\ (a) There is hereby established the 
President's Emergency Food Assistance Fund (hereafter in this 
title referred to as the ``Fund''). Whenever the President 
determines it to be in the national interest of the United 
States, he is authorized to furnish, in accordance with the 
provisions of this part, and on such terms and conditions as he 
may determine, assistance from the Fund for the purpose of 
alleviating the human suffering of peoples outside the United 
States caused by acute food shortages. Such assistance may be 
provided through such governments or other entities, private or 
public, including intergovernmental and multilateral 
organizations, as the President deems appropriate.
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 1728a.
---------------------------------------------------------------------------
    (b) Because the effects of severe food shortages will vary 
with the country or region, assistance to alleviate human 
suffering may include the provision of food assistance or such 
activities as the provision of seed, animal fodder, animal 
vaccines, and transportation (including inland transportation) 
and distribution services.
    (c) There are authorized to be appropriated to the 
President $50,000,000 each for fiscal year 1985 and fiscal year 
1986 to carry out the purposes of this title, to remain 
available until expended.
    (d) The President may make loans, advances, and grants to, 
make and perform agreements and contracts with, or enter into 
transactions with, any individual, corporation, or other body 
of persons, government or government agency, whether within or 
without the United States, and international and 
intergovernmental organizations in furtherance of the purposes 
and within the limitations of this title.

                                reports

    Sec. 304.\4\ Not later than December 31 of each year, the 
President shall submit a comprehensive report to the 
appropriate committees of Congress detailing all activities 
carried out under the authority of this title during the 
previous fiscal year.
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 1728b.
---------------------------------------------------------------------------

                     Part B--Food for Peace Program

                       transportation and storage

    Sec. 305.\5\ * * *
---------------------------------------------------------------------------
    \5\ Sec. 305 amended sec. 203 of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1723).
                        k. Agricultural Exports

Partial text of Public Law 98-258 [Agricultural Programs Adjustment Act 
       of 1984, H.R. 4072], 98 Stat. 130, approved April 10, 1984

 AN ACT To make adjustments in the commodity programs for wheat, feed 
    grains, upland cotton, and rice, to provide agricultural credit 
                  assistance, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Agricultural Programs Adjustment Act 
of 1984''.
          * * * * * * *

                     TITLE V--AGRICULTURAL EXPORTS

                           export assistance

    Sec. 501. It is the sense of Congress that the President 
should implement, as soon as practicable after the enactment of 
this Act, the actions, proposed by the Administration to 
complement the provisions of this Act, to further assist in the 
development, maintenance, and expansion of international 
markets for United States agricultural commodities and products 
thereof, as follows--
          (1) for the fiscal year ending September 30, 1984, 
        the President will--
                  (A) request congressional approval for the 
                appropriation of funds in the amount of 
                $150,000,000, in addition to the President's 
                February 1984 request for a supplemental 
                appropriation of $90,000,000, to carry out 
                programs of assistance under titles I, II, and 
                III of the Agricultural Trade Development and 
                Assistance Act of 1954 (Public Law 480); \1\ 
                and
---------------------------------------------------------------------------
    \1\ Second Supplemental Appropriations Act, 1984 (Public Law 98-
396; 98 Stat. 1369 at 1371), provided:
    ``For an additional amount for `Public Law 480', for financing the 
sale of agricultural commodities for convertible foreign currencies and 
for dollars on credit terms, pursuant to titles I and III of said Act, 
$175,000,000, of which $175,000,000 is hereby appropriated, to remain 
available until September 30, 1985.''.
---------------------------------------------------------------------------
                  (B) direct the Secretary of Agriculture to 
                increase funding, over the current budgeted 
                level, for the Export Credit Guarantee Program 
                (GSM-102), carried out through the Commodity 
                Credit Corporation, by not less than 
                $500,000,000; and
          (2) for the fiscal year ending September 30, 1985, 
        the President will--
                  (A) request congressional approval for the 
                appropriation of funds in the amount of at 
                least $175,000,000, in addition to the current 
                funding level contained in the President's 
                budget for that year, to carry out programs of 
                assistance under titles I, II, and III of 
                Public Law 480;
                  (B) direct the Secretary of Agriculture to 
                increase funding, over the levels contained in 
                the President's budget for that year or 
                otherwise required by law, by not less than 
                $1,100,000,000 for the Export Credit Guarantee 
                Program (GSM-102) and by not less than 
                $100,000,000 for direct export credit programs 
                carried out through the Commodity Credit 
                Corporation (GSM-5, GSM-201, and GSM-301); and
                  (C) request or use an additional amount of 
                $50,000,000 (over the amounts specified in 
                clauses (2)(A) and (2)(B)) either for increased 
                funding for direct export credit programs 
                carried out through the Commodity Credit 
                Corporation or for additional assistance under 
                Public Law 480, in such proportions as 
                determined necessary and appropriate by the 
                President.

 expanded authority for the use abroad of commodity credit corporation 
 stocks; acquisition and donation of ultra-high temperature processed 
                                  milk

    Sec. 502.\2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 502 amended sec. 416 of the Agricultural Act of 1949 by 
adding new subsecs. (b) and (c).
                  l. Food and Agriculture Act of 1977

  Partial text of Public Law 95-113 [S. 275], 91 Stat. 913, approved 
                           September 29, 1977

 AN ACT To provide price and income protection for farmers and assure 
 consumers of an abundance of food and fiber at reasonable prices, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Food and Agriculture Act of 1977''.
          * * * * * * *

                       TITLE XII--PUBLIC LAW 480


          Note.--Secs. 1201 through 1208 of Title XII amend the 
        Agricultural Trade Development and Assistance Act of 
        1954.



          * * * * * * *

       use of nonprice-supported commodities under public law 480

    Sec. 1209.\1\ It is the sense of Congress that there be no 
discrimination between ``price-supported'' and ``nonprice-
supported'' commodities in the programing of commodities under 
the Agricultural Trade Development and Assistance Act of 1954, 
as amended (Public Law 480).
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------

         special task force on the operation of public law 480

    Sec. 1210.\1\ (a) It is the sense of Congress that 
attention be given to handling, storage, transportation, and 
administrative procedures in order to make improvements in the 
operation of the Agricultural Trade Development and Assistance 
Act of 1954, as amended (Public Law 480). Toward this 
objective, the Secretary of Agriculture shall appoint a special 
task force to review and report upon the administration of the 
Act.
    (b) Such review shall include, but not be limited to, 
organizational arrangements for the administration of Public 
Law 480, or parts thereof, title I allocation criteria and 
procedures, quality control, including handling and storage 
through the first stage of distribution in the recipient 
country, and regulation of businesses and organizations to 
which services are contracted under Public Law 480.
    (c) Not later than eighteen months following enactment of 
this Act, the Secretary of Agriculture shall transmit to 
Congress the report of such task force, along with 
administrative actions the Secretary has taken or intends to 
take as a result of such report, and recommendations, if any, 
for legislative changes.
 m. Extension of Agricultural Trade Development and Assistance Act of 
                            1954, as amended

 Partial text of Public Law 85-931 [S. 3420], 72 Stat. 1790, approved 
  September 6, 1958; as amended by Public Law 87-703 [H.R. 12391], 76 
Stat. 605 at 611, approved September 27, 1962; and by Public Law 89-808 
   [Food for Peace Act of 1966, H.R. 14929], 80 Stat. 1526 at 1538, 
                       approved November 11, 1966

   AN ACT To extend and amend the Agricultural Trade Development and 
                        Assistance Act of 1954.

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


          Note.--Except for secs. 8 and 9, Public Law 85-931 
        consists of amendments to the Agricultural Trade 
        Development and Assistance Act of 1954 and the 
        Agricultural Act of 1956.



          * * * * * * *
    Sec. 8.\1\ In carrying out the provisions of the 
Agricultural Trade Development and Assistance Act of 1954, as 
amended, extra long staple cotton shall be made available for 
sale pursuant to the provisions of title I of the Act in the 
same manner as upland cotton or any other surplus agricultural 
commodity is made available, and products manufactured entirely 
\2\ from upland or long staple cotton shall be made available 
for sale pursuant to the provisions of title I of the Act as 
long as cotton is in surplus supply in the same manner as any 
other agricultural commodity or product is made available, and 
no discriminatory or other conditions shall be imposed which 
will prevent or tend to interfere with their sale or 
availability for sale under the Act.\3\
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1601 note.
    \2\ The word ``entirely'' and the words ``in the same manner as any 
other agricultural commodity or product is made available'' were added 
by sec. 3(d) of Public Law 89-808 (Food for Peace Act of 1966).
    \3\ Sec. 3(d) of Public Law 89-808 inserted a period in lieu of a 
colon and struck out a proviso, which read as follows: ``Provided, That 
that portion of sales price of such products which is financed as a 
sale for foreign currency under title I of the Act shall be limited to 
the estimated portion of the sales price of such products attributable 
to the raw cotton content of such products''.
---------------------------------------------------------------------------
    Sec. 9.\4\ Notwithstanding any other provision of law those 
areas under the jurisdiction or administration of the United 
States are authorized to receive from the Department of 
Agriculture for distribution on the same basis as domestic 
distribution in any State, Territory, or possession of the 
United States, without exchange of funds, such surplus 
commodities as may be available pursuant to clause (2) of 
section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 
612c), and section 416 of the Agricultural Act of 1949, as 
amended (7 U.S.C. 1431).\5\
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 1431b.
    \5\ Sec. 3(a) of Public Law 89-808 struck out the symbol ``(1)'' 
after the word ``law''; inserted a period in lieu of a semicolon, and 
struck out the language after the semicolon, which read as follows: 
``and (2) the Commodity Credit Corporation is authorized to purchase 
products of oil seeds, and edible oils and fats and the products 
thereof in such form as may be needed for donation abroad as provided 
in the following sentence. Any such commodities or products if 
purchased shall be donated to nonprofit voluntary agencies registered 
with the Department of State, other appropriate agencies of the Federal 
Government or international organizations for use in the assistance of 
needy persons and in nonprofit school lunch programs outside the United 
States. Commodity Credit Corporation may incur such additional costs 
with respect to such oil as it is authorized to incur with respect to 
food commodities disposed of under section 416 of the Agricultural Act 
of 1949.''.
n. Implementation of the Agricultural Trade Development and Assistance 
  Act of 1954, as amended, and the Food for Progress Act of 1985, as 
                                amended

 Executive Order 12752, February 25, 1991, 56 F.R. 8255, 7 U.S.C. 1691 
 note; amended by Executive Order 13044, April 18, 1997, 62 F.R. 19665

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954, as amended by Public Law 101-624 (``Agricultural Trade 
Development Act''), the Food for Progress Act of 1985, as 
amended by Public Law 101-624 (``Food for Progress Act''), and 
section 301 of title 3 of the United States Code, it is hereby 
ordered as follows:
    Section 1. Establishment of Programs. There is hereby 
established:
    (a) a program under title I of the Agricultural Trade 
Development Act to provide for the sale of agricultural 
commodities to developing countries and private entities.\1\ 
Such program shall be implemented by the Secretary of 
Agriculture (hereafter referred to as the ``Secretary'').
---------------------------------------------------------------------------
    \1\ Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck 
out ``developing countries'' and inserted in lieu thereof ``developing 
countries and private entities''.
---------------------------------------------------------------------------
    (b) a program under title II of the Agricultural Trade 
Development Act to provide for the donation of agricultural 
commodities to foreign countries. Such program shall be 
implemented by the Administrator of the Agency for 
International Development (hereafter referred to as the 
``Administrator'').
    (c) a program under title III of the Agricultural Trade 
Development Act to provide for the donation of agricultural 
commodities to least developed countries. Such program shall be 
implemented by the Administrator.
    Sec. 2. International Negotiations and Accounting for 
Foreign Currencies. (a) The Secretary with respect to title I, 
and the Administrator with respect to titles II and III of the 
Agricultural Trade Development Act, shall negotiate and execute 
agreements under the Agricultural Trade Development Act in 
accord with section 112b of title I of the United States Code 
and applicable regulations and procedures of the Department of 
State.
    (b)(1) Foreign currencies that accrue to the United States 
under titles I and III of the Agricultural Trade Development 
Act may be used for the purposes set forth in section 014 and 
section 306 of that Act, respectively, in amounts consistent 
with applicable provisions of law and agreements. Such foreign 
currencies shall be subject to regulations of the Department of 
the Treasury governing the purchase, custody, deposit, 
transfer, and sale of foreign currencies received under the 
Agricultural Trade Development Act.
    (2) The Director of the Office of Management and Budget 
(hereafter referred to as the ``Director'') shall determine the 
amount of foreign currencies to be used for the purposes of 
section 104(c)(8) of the Agricultural Trade Development Act, 
and such purposes shall be carried out by the agencies with 
authority to pay the obligations abroad. The purposes of the 
remaining paragraphs of section 104(c) of that Act shall be 
carried out by the Department of Agriculture, utilizing where 
appropriate, the expertise of other agencies.
    (3) The Secretary and Administrator shall transmit the 
reports required by the provisions of paragraph 5 of the Act of 
August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to 
the use of foreign currencies accruing under title I and title 
III of the Agricultural Trade Development Act, respectively.
    Sec. 3. Policy Coordination. (a) To ensure policy 
coordination of assistance provided under the Agricultural 
Trade Development Act and the Food for Progress Act, there is 
hereby established a Food Assistance Policy Council (hereafter 
referred to as the ``Council'').
    (b) The Council will include senior representatives of the 
Department of Agriculture, the Agency for International 
Development, the Department of State, and the Office of 
Management and Budget. Meetings of the Council shall be called 
by the Secretary or his designee at the request of any senior 
representative of the Council.
    (c) The Council shall advise the President on appropriate 
policies under the Agricultural Trade Development Act and the 
Food for Progress Act and shall coordinate decisions on 
allocations and other policy issues, as well as prepare the 
report required by section 407(g)(1) of the Agricultural Trade 
Development Act.
    (d) As necessary for effective coordination, the Council 
shall provide its advice to the President through the 
appropriate Cabinet-level body.
    Sec. 4.\2\ Delegation of Responsibilities. (a) The function 
conferred upon the President in section 403(j) of the 
Agricultural Trade Development Act is hereby delegated to the 
Secretary of State.
---------------------------------------------------------------------------
    \2\ Executive Order 13044 (April 18, 1997; 62 F.R. 19665) struck 
out paras. (a) and (c) in sec. 4, and redesignated the remaining 
subsections as subsecs. (a) through (e). Subsec. (a) formerly provided 
that the consultation required by sec. 401(a) of the Agricultural Trade 
Development Act was to be undertaken through the National Advisory 
Council. Subsec. (c) formerly provided that the function conferred upon 
the President by sec. 407(h) of the Agricultural Trade Development Act 
was to be delegated to the Administrator.
---------------------------------------------------------------------------
    (b) The functions conferred upon the President by section 
411 of the Agricultural Trade Development Act are hereby 
delegated to the Secretary, in consultation with the Council 
and the Department of the Treasury.
    (c) The functions conferred upon the President by section 
412(c) of the Agricultural Trade Development Act are hereby 
delegated to the Director, who shall consult with the Council 
on these functions.
    (d) The functions conferred upon the President by title V 
of the Agricultural Trade Development Act are hereby delegated 
to the Administrator.
    (e) The functions conferred upon the President by the Food 
for Progress Act, as amended, are hereby delegated to the 
Secretary.
    Sec. 5. Regulatory Review. Policies, regulations, and 
analyses required by this Executive order shall be fully 
consistent with the standards and criteria, analyses and 
procedures set forth in Executive Order Nos. 12291 and 12498.
    Sec. 6. Revocations. Executive Order No. 12220 of June 27, 
1980, and Executive Order No. 12583 of February 19, 1987, are 
revoked.
o. Assigning Foreign Affairs Functions and Implementing the Enterprise 
  for the Americas Initiative and the Tropical Forest Conservation Act

 Executive Order 13345, July 8, 2004, 69 F.R. 41901, 7 U.S.C. 1738 note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Agricultural Trade Development and Assistance Act 
of 1954 (ATDA Act), as amended, the Foreign Assistance Act of 
1961 (Foreign Assistance Act), as amended, and section 301 of 
title 3 of the United States Code, it is hereby ordered as 
follows:
    Section 1. Functions to be Performed by the Secretary of 
the Treasury. (a) The Secretary of the Treasury is hereby 
designated to perform the functions of the President under the 
following provisions of law:
          (1) sections 603(b), 604(a), and 611 of the ATDA Act 
        (7 U.S.C. 1738b(b), 1738c(a), and 1738j); and
          (2) sections 703, 704(a), 805(b), 806(a), 807(a), 
        808(a), and 812 of the Foreign Assistance Act 922 
        U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 2431e(a), 
        2431f(a), and 2431j).
    (b) The Secretary of the Treasury shall:
          (1)(A) make determinations under the provisions of 
        sections 703(b) and 805(b) of the Foreign Assistance 
        Act in accordance with any recommendations received 
        from the Secretary of State with respect to subsections 
        703(a)(1)-703(a)(4) and the corresponding 
        recommendations under section 805(a)(1) of that Act; 
        and
          (B) make determinations under the provisions of 
        section 805(b) of the Foreign Assistance Act in 
        accordance with any recommendations from the 
        Administrator of the United States Agency for 
        International Development (USAID) with respect to 
        section 803(5)(B) of that Act;
          (2) exercise the functions under the provisions 
        listed in section 1(a)(1) of this order in consultation 
        with the Secretary of State and with the National 
        Advisory Council on International Monetary and 
        Financial Policies (Council) established by Executive 
        Order 11269 of February 14, 1966;
          (3) consult, as appropriate, with the Secretary of 
        State, the Administrator of USAID, the Council, the 
        Secretary of Agriculture, the Director of the Office of 
        Management and Budget, the Administrator of the 
        Environmental Protection Agency, the Chairman of the 
        Council on Environmental Quality, the Director of the 
        Office of National Drug Control policy, and the 
        Chairman of the Council of Economic Advisers in the 
        performance of all other functions under the provisions 
        listed in section 1(a) of this order.
    Sec. 2. Functions to be Performed by the Secretary of 
State. (a) The Secretary of State is hereby designated to 
perform the functions of the President under sections 607 and 
614 of the ATDA Act (7 U.S.C. 1738f and 1738m) and section 
813(a) of the Foreign Assistance Act (22 U.S.C. 2431k).
    (b) The Secretary of State shall consult, as appropriate, 
with the Secretary of the Treasury and the Administrator of 
USAID, in the performance of functions under the provisions 
listed in subsection 2(a) of this order.
    (c) The Secretary of State shall consult, as appropriate, 
in the performance of functions under section 607 of the ATDA 
Act, with the Secretary of Agriculture, the Secretary of 
Commerce, the Administrator of the Environmental Protection 
Agency, the Chairman of the Council on Environmental Quality, 
and the heads of such other executive departments and agencies 
as the Secretary of State determines appropriate.
    (d) The Secretary of State is hereby designated to receive 
advice or supplemental views on the President's behalf 
consistent with the following provisions of law:
          (1) section 610(c)(1) of the ATDA Act (7 U.S.C. 
        8i(c)(1)); and
          (2) section 813(b) of the Foreign Assistance Act 922 
        U.S.C. 2431k).
    Sec. 3. Recommendation by USAID. The Administrator of USAID 
shall make recommendations with respect to 803(5)(B) of the 
Foreign Assistance Act (22 U.S.C. 2431a(5)(B)), in cooperation 
with the Secretary of Agriculture and the Secretary of State.
    Sec. 4. Government Appointees to the Enterprise for the 
Americas Board. (a) Pursuant to section 610(b)(1)(A) of the 
ATDA Act (7 U.S.C. 1738i(b)(1)(A)) and section 811(b)(1)(A) and 
(b)(2) of the Foreign Assistance Act (22 U.S.C. 2431i(b)(1)(A) 
and (b)(2)), the following officers of employees of the United 
States are hereby designated to serve as representatives on the 
Enterprise for the Americas Board:
          (i) the designee of the Secretary of State, who shall 
        be the chairperson of the Board;
          (ii) the designee of the Secretary of the Treasury;
          (iii) two designees of the Secretary of Agriculture, 
        one of whom shall be an officer or employee of the 
        United States Forest Service International Programs 
        Office with experience in international forestry 
        matters, and the other shall be an officer of employee 
        of the Foreign Agricultural Service;
          (iv) the designee of the Secretary of the Interior;
          (v) the designee of the Administrator of the 
        Environmental Protection Agency;
          (vi) the designee of the Administrator of USAID, who 
        shall be the vice chairperson of the Board; and
          (vii) the designee of the Chairman of the Council on 
        Environmental Quality.
    (b) The Board shall permit the following officers or 
employees of the United States to attend and observe a Board 
meeting:
          (i) a designee of the Secretary of Commerce; and
          (ii) a designee of the head of any executive 
        department or agency, if the meeting will relate to 
        matters relevant to the activities of such executive 
        department or agency.
    (c) An officer of the United States listed in subsections 
4(a) and 4(b) shall make a designation for purposes of those 
subsections in writing submitted to the Secretary of State and 
shall change any such designation in the same manner. The 
authority to make such a designation may not be delegated.
    (d) The Secretary of State may, after consultation with the 
officers of the United States listed in subsection 4(b) and the 
Attorney General, as appropriate, establish such procedures as 
may be necessary to provide for the governance and 
administration of the Board.
    Sec. 5. Guidance for the Performance of Functions. In 
performing functions under this order, officers of the United 
States:
          (a) shall ensure that all actions taken by them are 
        consistent with the President's constitutional 
        authority to (i) conduct the foreign affairs of the 
        united States, including the commencement, conduct, and 
        termination of negotiations with foreign countries and 
        international organizations, (ii) withhold information 
        the disclosure of which could impair the foreign 
        relations, the national security, the deliberative 
        processes of the Executive, or the performance of the 
        Executive's constitutional duties, (iii) recommend for 
        congressional consideration such measures as the 
        President may judge necessary or expedient, and (iv) 
        supervise the unitary executive branch;
          (b) may further assign functions assigned by this 
        order to officers of any department or agency within 
        the executive branch to the extent permitted by law 
        except as provided in subsection 4(c) of this order and 
        such further assignment shall be published in the 
        Federal Register; and
          (c) shall consult the Attorney General as appropriate 
        in implementing this section.
    Sec. 6. Revocation of Executive Orders. The following 
Executive Orders are hereby revoked:
          (a) Executive Order 12757 of March 19, 1991;
          (b) Executive Order 12823 of December 3, 1992;
          (c) Executive Order 13028 of December 3, 1996; and
          (d) Executive Order 13131 of July 22, 1999.
    Sec. 7. Judicial Review. This order is not intended to, and 
does not, create any right or benefit, substantive or 
procedural, enforceable at law or in equity by a party against 
the United States, its departments, agencies, entities, 
officers, employees or agents, or any other person.
                         2. Agricultural Trade

         a. Agricultural Competitiveness and Trade Act of 1988

 Partial text of Public Law 100-418 [Omnibus Trade and Competitiveness 
  Act of 1988, H.R. 4848], 102 Stat 1107 at 1388, approved August 23, 
 1988, amended by Public Law 101-624 [Food, Agriculture, Conservation, 
and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 
 1990; and by Public Law 104-127 [Federal Agriculture Improvement and 
 Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996

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

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

                      TITLE IV--AGRICULTURAL TRADE

SEC. 4001.\1\ SHORT TITLE.

  This title may be cited as the ``Agricultural Competitiveness 
and Trade Act of 1988''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 5201 note.
---------------------------------------------------------------------------

               Subtitle A--Findings, Policy, and Purpose

SEC. 4101.\2\ FINDINGS.

  Congress finds that--
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 5201.
---------------------------------------------------------------------------
          (1) United States agricultural exports have declined 
        by more than 36 percent since 1981, from 
        $43,800,000,000 in 1981 to $27,900,000,000 in 1987;
          (2) the United States share of the world market for 
        agricultural commodities and products has dropped by 20 
        percent during the last 6 years;
          (3) for the first time in 15 years, the United States 
        incurred monthly agricultural trade deficits in 1986;
          (4) the loss of $1,000,000,000 in United States 
        agricultural exports causes the loss of 35,000 
        agricultural jobs and the loss of 60,000 
        nonagricultural jobs;
          (5) the loss of agricultural exports threatens family 
        farms and the economic well-being of rural communities 
        in the United States;
          (6) factors contributing to the loss of United States 
        agricultural exports include changes in world 
        agricultural markets such as--
                  (A) the addition of new exporting nations;
                  (B) innovations in agricultural technology;
                  (C) increased use of export subsidies 
                designed to lower the price of commodities on 
                the world market;
                  (D) the existence of barriers to agricultural 
                trade;
                  (E) the slowdown in the growth of world food 
                demand in the 1980's due to cyclical economic 
                factors, including currency fluctuations and a 
                debt-related slowdown in the economic growth of 
                agricultural markets in certain developing 
                countries; and
                  (F) the rapid buildup of surplus stocks as a 
                consequence of favorable weather for 
                agricultural production during the 1980's;
          (7) increasing the volume and value of exports is 
        important to the financial well-being of the farm 
        sector in the United States and to increasing farm 
        income in the United States;
          (8) in order to increase agricultural exports and 
        improve prices for farmers and ranchers in the United 
        States, it is necessary that all agricultural export 
        programs of the United States be used in an expeditious 
        manner, including programs established under the 
        Agricultural Trade Development and Assistance Act of 
        1954 (7 U.S.C. 1691 et seq.), the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714 et seq.), and 
        section 416 of the Agricultural Act of 1949 (7 U.S.C. 
        1431);
          (9) greater use should be made by the Secretary of 
        Agriculture of the authorities established under 
        section 4 of the Food for Peace Act of 1966 (7 U.S.C. 
        1707a), the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 
        416 of the Agricultural Act of 1949 (7 U.S.C. 1431), 
        and the Commodity Credit Corporation Charter Act (15 
        U.S.C. 714 et seq.) to provide intermediate credit 
        financing and other assistance for the establishment of 
        facilities in importing countries to--
                  (A) improve the handling, marketing, 
                processing, storage, and distribution of 
                imported agricultural commodities and products; 
                and
                  (B) increase livestock production to enhance 
                the demand for United States feed grains;
          (10) food aid and export assistance programs in 
        developing countries stimulate economic activity which 
        causes incomes to rise, and, as incomes rise, diets 
        improve and the demand for and ability to purchase food 
        increases;
          (11) private voluntary organizations and cooperatives 
        are important and successful partners in our food aid 
        and development programs; and
          (12) in addition to meeting humanitarian needs, food 
        aid used in sales and barter programs by private 
        voluntary organizations and cooperatives--
                  (A) provides communities with health care, 
                credit systems, and tools for development; and
                  (B) establishes the infrastructure that is 
                essential to the expansion of markets for 
                United States agricultural commodities and 
                products.

SEC. 4102.\3\ POLICY.

  It is the policy of the United States--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 5202.
---------------------------------------------------------------------------
          (1) to provide, through all possible means, 
        agricultural commodities and products for export at 
        competitive prices, with full assurance of quality and 
        reliability of supply;
          (2) to support the principle of free trade and the 
        promotion of fair trade in agricultural commodities and 
        products;
          (3) to support fully the negotiating objectives set 
        forth in section 1101(b) of this Act to eliminate or 
        reduce substantially constraints on fair and open trade 
        in agricultural commodities and products;
          (4) to use statutory authority to counter unfair 
        foreign trade practices and to use all available means, 
        including export promotion programs, and, if necessary, 
        restrictions on United States imports of agricultural 
        commodities and products, in order to encourage fair 
        and open trade; and
          (5) to provide for increased representation of United 
        States agricultural trade interests in the formulation 
        of national fiscal and monetary policy affecting trade.

SEC. 4103.\4\ PURPOSE.

  It is the purpose of this title--
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 5203.
---------------------------------------------------------------------------
          (1) to increase the effectiveness of the Department 
        of Agriculture in agricultural trade policy formulation 
        and implementation and in assisting United States 
        agricultural producers to participate in international 
        agricultural trade, by strengthening the operations of 
        the Department of Agriculture; and
          (2) to improve the competitiveness of United States 
        agricultural commodities and products in the world 
        market.

               Subtitle B--Agricultural Trade Initiatives

                       part 1--general provisions

SEC. 4201.\5\ LONG-TERM AGRICULTURAL TRADE STRATEGY REPORTS. * * * 
                    [REPEALED--1990]
---------------------------------------------------------------------------

    \5\ Sec. 1571 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3702) repealed secs. 4201, 4202, 
4205, 4206, 4211, 4212, 4213, 4305, and 4311 (7 U.S.C. 5211, 5212, 
5215, 5216, 5231, 5232, 5233, 1736t note, and 1691 note, respectively) 
of this Act.
---------------------------------------------------------------------------

SEC. 4202.\5\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS * * * 
                    [REPEALED--1990]

SEC. 4203.\6\ JOINT DEVELOPMENT ASSISTANCE AGREEMENTS WITH CERTAIN 
                    TRADING PARTNERS.

  (a) Development of Plan.--With respect to any country that 
has a substantial positive trade balance with the United 
States, the Secretary of Agriculture, in consultation with the 
Secretary of State and (through the Secretary of State) 
representatives of such country, may develop an appropriate 
plan under which that country would purchase United States 
agricultural commodities or products for use in development 
activities in developing countries. In developing such plan, 
the Secretary of Agriculture shall take into consideration the 
agricultural economy of such country, the nature and extent of 
such country's programs to assist developing countries, and 
other relevant factors. The Secretary of Agriculture shall 
submit each such plan to the President as soon as practicable.
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 5213.
---------------------------------------------------------------------------
  (b) Agreement.--The President may enter into an agreement 
with any country that has a positive trade balance with the 
United States under which that country would purchase United 
States agricultural commodities or products for use in agreed-
on development activities in developing countries.

SEC. 4204.\7\ REORGANIZATION EVALUATION.

  The Secretary of Agriculture shall evaluate the 
reorganization proposal recommended by the National Commission 
on Agricultural Trade and Export Policy and other proposals to 
improve management of international trade activities of the 
Department of Agriculture. To assist the Secretary in the 
evaluation, the Secretary shall appoint a private sector 
advisory committee of not less than 4 members, who shall be 
appointed from among individuals representing farm and 
commodity organizations, market development cooperators, and 
agribusiness. Not later than April 30, 1989, the Secretary 
shall report the findings of the evaluation to Congress, 
together with the views and recommendations of the private 
sector advisory committee.
---------------------------------------------------------------------------
    \7\ 7 U.S.C. 5214.
---------------------------------------------------------------------------

SEC. 4205.\5\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT 
                    MARKETS. * * * [REPEALED--1990]

SEC. 4206.\5\ ESTABLISHMENT OF TRADE ASSISTANCE OFFICE. * * * 
                    [REPEALED--1990]

                  part 2--foreign agricultural service

SEC. 4211.\5\ PERSONNEL OF THE SERVICE. * * * [REPEALED--1990]

SEC. 4212.\5\ AGRICULTURAL ATTACHE EDUCATIONAL PROGRAM. * * * 
                    [REPEALED--1990]

SEC. 4213.\5\ PERSONNEL RESOURCE TIME. * * * [REPEALED--1990]

SEC. 4214.\8\ COOPERATOR ORGANIZATIONS.

  (a) Sense of Congress.--It is the sense of Congress that the 
foreign market development cooperator program of the Service, 
and the activities of individual foreign market cooperator 
organizations, have been among the most successful and cost-
effective means to expand United States agricultural exports. 
Congress affirms its support for the program and the activities 
of the cooperator organizations. The Administrator and the 
private sector should work together to ensure that the program, 
and the activities of cooperator organizations, are expanded in 
the future.
---------------------------------------------------------------------------
    \8\ 7 U.S.C. 5234.
---------------------------------------------------------------------------
  (b) Commodities for Cooperator Organizations.--The Secretary 
of Agriculture may make available to cooperator organizations 
agricultural commodities owned by the Commodity Credit 
Corporation, for use by such cooperators in projects designed 
to expand markets for United States agricultural commodities 
and products.
  (c) Relation to Funds.--Commodities made available to 
cooperator organizations under this section shall be in 
addition to, and not in lieu of, funds appropriated for market 
development activities of such cooperator organizations.
  (d) Conflicts of Interest.--The Secretary shall take 
appropriate action to prevent conflicts of interest among 
cooperator organizations participating in the cooperator 
program.
  (e) Evaluation.--It is the sense of Congress that the 
Secretary should establish a consistent, objective means for 
the evaluation of cooperator programs.

SEC. 4215.\9\ AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

  There are authorized to be appropriated for the Service, in 
addition to any sums otherwise authorized to be appropriated by 
any provision of law other than this section, $20,000,000 for 
each of the fiscal years 1988, 1989, and 1990 for market 
development activities, including--
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 5235.
---------------------------------------------------------------------------
          (1) expansion of the agricultural attache service;
          (2) expansion of international trade policy 
        activities of the Service;
          (3) enhancement of the Service worldwide market 
        information system;
          (4) increasing the number of trade shows and 
        exhibitions conducted by the Service and upgrading the 
        quality of United States representation at trade shows 
        and exhibitions; and
          (5) developing markets for value-added beef, pork, 
        and poultry products.

            Subtitle C--Existing Agricultural Trade Programs

SEC. 4301.\10\ TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT. * * * 
                    [REPEALED--1996]
---------------------------------------------------------------------------

    \10\ Formerly at 7 U.S.C. 1446 note. Sec. 263(b) of Public Law 104-
127 (110 Stat. 974) repealed sec. 4301.
---------------------------------------------------------------------------

SEC. 4302.\11\ PRICE SUPPORT PROGRAMS FOR SUNFLOWER SEEDS AND 
                    COTTONSEED.

  (a) Sunflower Seeds.--If producers are permitted to repay 
loans for the 1990 crop of soybeans under section 201(i) of the 
Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is 
less than the full amount of the loan pursuant to section 4301 
of this Act, the Secretary shall support the price of sunflower 
seeds through loans and purchases for the 1990 crop of 
sunflowers in accordance with section 201(l) of the 
Agricultural Act of 1949.
---------------------------------------------------------------------------
    \11\ 7 U.S.C. 1446 note.
---------------------------------------------------------------------------
  (b) Cottonseed.--If a producer is permitted to repay a loan 
for the 1990 crop of soybeans under section 201(i) of the 
Agricultural Act of 1949 (7 U.S.C. 1446(i)) at a level that is 
less than the full amount of the loan pursuant to section 4301 
of this Act, the Secretary shall support the price of the 1990 
crop of cottonseed at such level as the Secretary determines 
will cause cottonseed to compete on equal terms with soybeans 
on the market. The Secretary shall carry out this subsection 
using the funds, facilities, and authorities of the Commodity 
Credit Corporation.
  (c) Discontinuance.--If the marketing loan program for the 
1990 crop of soybeans is discontinued under section 4301(b)(3) 
of this Act, the Secretary shall discontinue the price support 
programs for sunflower seeds and cottonseed required by this 
section.
          * * * * * * *

SEC. 4305.\5\ EXPORT CREDIT GUARANTEE PROGRAM. * * * [REPEALED--1990]

          * * * * * * *

SEC. 4309.\12\ BARTER OF AGRICULTURAL COMMODITIES.

  In recognition of the importance of barter programs in 
expanding agricultural trade, it is the sense of Congress that 
the Secretary of Agriculture should expedite the implementation 
of section 416(d) of the Agricultural Act of 1949 (7 U.S.C. 
1431(d)) and section 1167 of the Food Security Act of 1985 (7 
U.S.C. 1727g note and 1736aa), relating to the barter of 
agricultural commodities.
---------------------------------------------------------------------------
    \12\ 7 U.S.C. 1431 note.
---------------------------------------------------------------------------

SEC. 4310.\13\ MINIMUM LEVEL OF FOOD ASSISTANCE.

  (a) Annual Minimum.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \13\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------
          (1) the United States should maintain its historic 
        proportion of food assistance constituting one-third of 
        all United States foreign economic assistance; and
          (2) accordingly, the total amount of food assistance 
        made available to foreign countries under the 
        Agricultural Trade Development and Assistance Act of 
        1954 (7 U.S.C. 1691 et seq.) and section 416(b) of the 
        Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not 
        be less than one-third of the total amount of foreign 
        economic assistance provided for each fiscal year.
  (b) Definition.--For purposes of this section, the term 
``foreign economic assistance'' includes--
          (1) assistance under chapter 1 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.), the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 
        416(b) of the Agricultural Act of 1949 (7 U.S.C. 
        1431(b)), or any other law authorizing economic 
        assistance for foreign countries; and
          (2) United States contributions to the International 
        Bank for Reconstruction and Development, the 
        International Development Association, the Inter-
        American Development Bank, the Asian Development Bank, 
        the African Development Bank, or any other multilateral 
        development bank.

SEC. 4311.\5\ FOOD AID AND MARKET DEVELOPMENT. * * * [REPEALED--1990]

                   Subtitle D--Wood and Wood Products

          * * * * * * *

SEC. 4404.\14\ USE OF DEPARTMENT OF AGRICULTURE PROGRAMS.

  The Secretary of Agriculture shall actively use Department of 
Agriculture concessional programs and export credit guarantee 
programs to promote the export of wood and processed wood 
products.
---------------------------------------------------------------------------
    \14\ 7 U.S.C. 1736t note.
---------------------------------------------------------------------------

                    Subtitle E--Studies and Reports

SEC. 4501. STUDY OF CANADIAN WHEAT IMPORT LICENSING REQUIREMENTS.

  (a) Findings.--Congress finds that--
          (1) Canadian importers of wheat or products 
        containing a minimum of 25 percent wheat (except 
        packaged wheat products for retail sale) from the 
        United States must obtain import licenses from the 
        Canadian Wheat Board;
          (2) the Canadian Wheat Board requires such importers 
        of United States wheat and wheat products to prove that 
        the wheat or wheat products to be imported are not 
        readily available in Canada before issuance of an 
        import license, and therefore, for all practical 
        purposes, such licenses are not granted by the Canadian 
        Wheat Board;
          (3) the licensing requirements of the Canadian Wheat 
        Board's import licensing program result in a trade 
        barrier on the importation of United States wheat and 
        wheat products; and
          (4) Canada is a member of the General Agreement on 
        Tariffs and Trade and, under such agreement, member 
        countries should, in general, eliminate import 
        licensing programs that operate as nontariff trade 
        barriers.
  (b) Study.--The Secretary of Agriculture shall conduct a 
study of the Canadian Wheat Board's import licensing program 
to--
          (1) assess the effect of the Canadian Wheat Board's 
        import licensing program referred to in subsection (a) 
        on wheat producers, processors, and exporters in the 
        United States; and
          (2) determine--
                  (A) the nature and extent of the licensing 
                requirements of the Canadian Wheat Board's 
                import licensing program; and
                  (B) the estimated effect of the Canadian 
                Wheat Board's import licensing program in 
                reducing exports of United States wheat and 
                wheat products to Canada.
  (c) Submission of Results.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall submit the 
results of the study conducted under subsection (b) to the 
United States Trade Representative.
  (d) Consultation With Congress.--Not later than 90 days after 
the results of the study are submitted, the Secretary and the 
United States Trade Representative shall consult with the 
Committee on Agriculture and the Committee on Ways and Means of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry and the Committee on Finance of the 
Senate on the status of efforts to negotiate the elimination of 
such Canadian licensing requirements.

SEC. 4502.\15\ IMPORT INVENTORY.

  (a) Compilation and Report on Imports.--The Secretary of 
Agriculture, in consultation with the Secretary of Commerce, 
the International Trade Commission, the United States Trade 
Representative, and the heads of all other appropriate Federal 
agencies, shall compile and report to the public statistics on 
the total value and quantity of imported raw and processed 
agricultural products. The report shall be limited to those 
statistics that such agencies already obtain for other 
purposes.
---------------------------------------------------------------------------
    \15\ 7 U.S.C. 626.
---------------------------------------------------------------------------
  (b) Compilation and Report on Consumption.--The Secretary 
shall compile and report to the public data on the total 
quantity of production and consumption of domestically produced 
raw and processed agricultural products.
  (c) Issuing of Data.--The reports required by this section 
shall be made in a format that correlates statistics for the 
quantity and value of imported agricultural products to the 
production and consumption of domestic agricultural products. 
The Secretary shall issue such reports on an annual basis, with 
the first report required not later than 1 year after the date 
of enactment of this Act.

SEC. 4503. STUDY RELATING TO HONEY.

  (a) Study.--The Secretary of Agriculture shall conduct a 
study to determine the effect of imported honey on United 
States honey producers, the availability of honey bee 
pollination within the United States, and whether there is 
reason to believe imports of honey tend to interfere with or 
render ineffective the honey price support program of the 
Department of Agriculture.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall report the results 
of such study to the Committee on Agriculture and the Committee 
on Ways and Means of the House of Representatives and to the 
Committee on Agriculture, Nutrition, and Forestry and the 
Committee on Finance of the Senate.

SEC. 4504. STUDY OF DAIRY IMPORT QUOTAS.

  (a) Study.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall 
conduct a study to determine whether, and to what extent, the 
price support program for milk established under section 201(d) 
of the Agricultural Act of 1949 (7 U.S.C. 1446(d)) would be 
affected by a reduction in, or elimination of, limitations 
imposed on the importation of certain dairy products under 
section 22 of the Agricultural Adjustment Act (7 U.S.C. 624), 
reenacted with amendments by the Agricultural Marketing 
Agreement Act of 1937, as a result of multilateral trade 
negotiations, including negotiations under the General 
Agreement on Tariffs and Trade. In conducting this study, the 
Secretary shall assess the likelihood of other nations' 
agreeing to reduce or eliminate their domestic dairy price 
stabilization, export subsidization, or import control programs 
in such multilateral negotiations.
  (b) Report.--The Secretary shall submit a report describing 
the results of the study, together with any recommendations, to 
the Committee on Agriculture and the Committee on Ways and 
Means of the House of Representatives, and the Committee on 
Agriculture, Nutrition, and Forestry and the Committee on 
Finance of the Senate.

SEC. 4505. REPORT ON INTERMEDIATE EXPORT CREDIT.

  Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Agriculture shall submit a report to 
the Committee on Agriculture and the Committee on Foreign 
Affairs \16\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate, on the 
use of authorities established under section 4 of the Food for 
Peace Act of 1966 (7 U.S.C. 1707a), the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), 
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), 
and the Commodity Credit Corporation Charter Act (15 U.S.C. 714 
et seq.), to provide intermediate credit financing and other 
trade assistance for the establishment of facilities in 
importing countries--
---------------------------------------------------------------------------
    \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) to improve the handling, marketing, processing, 
        storage, and distribution of imported agricultural 
        commodities and products;
          (2) to increase livestock production in order to 
        enhance the demand for United States feed grains; and
          (3) to increase markets for United States livestock 
        and livestock products.

SEC. 4506.\17\ IMPORTED MEAT, POULTRY PRODUCTS, EGGS, AND EGG PRODUCTS.

  (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall 
submit a report to Congress--
---------------------------------------------------------------------------
    \17\ 21 U.S.C. 1401 note.
---------------------------------------------------------------------------
          (1) specifying the planned distribution, in fiscal 
        years 1988 and 1989, of the resources of the Department 
        of Agriculture available for sampling imported covered 
        products to ensure compliance with the requirements of 
        the Federal Meat Inspection Act (21 U.S.C. 601 et 
        seq.), the Poultry Products Inspection Act (21 U.S.C. 
        451 et seq.), and the Egg Products Inspection Act (21 
        U.S.C. 1031 et seq.) that govern the level of residues 
        of pesticides, drugs, and other products permitted in 
        or on such products;
          (2) describing current methods used by the Secretary 
        to enforce the requirements of such Acts with respect 
        to the level of residues of pesticides, drugs, and 
        other products permitted in or on such products;
          (3) responding to the audit report of the Inspector 
        General of the Department of Agriculture, Number 38002-
        2-hy, dated January 14, 1987;
          (4) providing a summary with respect to the 
        importation of covered products during fiscal years 
        1987 and 1988 that specifies--
                  (A) the number of samples of each such 
                product taken during each such fiscal year in 
                carrying out the requirements described in 
                paragraph (1); and
                  (B) for each violation of such requirements 
                during each such fiscal year--
                          (i) the covered products with respect 
                        to which such violation occurred;
                          (ii) the residue in or on such 
                        product in violation of such 
                        requirements;
                          (iii) the country exporting such 
                        product;
                          (iv) the actions taken in response to 
                        such violation and the reasons for such 
                        actions; and
                          (v) the level of testing conducted by 
                        the countries exporting such products;
          (5) describing any research conducted by the 
        Secretary to develop improved methods to detect 
        residues subject to such requirements in or on covered 
        products; and
          (6) providing any recommendations the Secretary 
        considers appropriate for legislation to add or modify 
        penalties for violations of laws, regulations, and 
        other enforcement requirements governing the level of 
        residues that are permitted in or on imported covered 
        products.
  (b) Revision.--Not later than November 15, 1989, the 
Secretary of Agriculture shall revise, as necessary, the report 
prepared under subsection (a) and submit the revision to 
Congress.
  (c) Definition.--As used in this section, the term ``covered 
products'' means meat, poultry products, eggs, and egg 
products.

SEC. 4507. STUDY OF CIRCUMVENTION OF AGRICULTURAL QUOTAS.

  (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United 
States shall conduct a study with respect to--
          (1) whether articles containing dairy products 
        (including chocolate in blocks of at least 10 pounds 
        and other such products) are being imported into the 
        United States in such a manner or in such quantities as 
        to circumvent or avoid the limitations imposed on 
        imports of dairy products under section 22 of the 
        Agricultural Adjustment Act (7 U.S.C. 624), reenacted 
        with amendments by the Agricultural Marketing Agreement 
        Act of 1937; and
          (2) whether products containing refined sugar are 
        being imported into the United States in such a manner 
        or in such quantities as to circumvent or avoid the 
        limitations imposed on imports of refined sugar and 
        sugar containing products imposed under Federal law.
  (b) Requirements.--In conducting the study required under 
subsection (a), the Comptroller General shall investigate--
          (1) the efforts undertaken by the United States 
        Customs Service in the enforcement of the existing 
        quantitative limitations described in subsection (a);
          (2) the change in the composition, volume, and 
        pattern of imports containing sugar and imports 
        containing dairy products subsequent to the initial 
        imposition of the quantitative limitations;
          (3) the effectiveness of section 22 of the 
        Agricultural Adjustment Act (7 U.S.C. 624), reenacted 
        with amendments by the Agricultural Marketing Agreement 
        Act of 1937, in preventing the circumvention or 
        avoidance of the quantitative limitations; and
          (4) the use of United States foreign trade zones to 
        circumvent the quantitative limitations.
  (c) Report.--On completion of the study required by this 
section, the Comptroller General shall report the results of 
the study to the Committee on Agriculture and the Committee on 
Ways and Means of the House of Representatives, and the 
Committee on Agriculture, Nutrition, and Forestry and the 
Committee on Finance of the Senate.

SEC. 4508. STUDY OF LAMB MEAT IMPORTS.

  (a) Study.--The Secretary of Agriculture shall conduct a 
study of the market for lamb meat products in the United 
States, focusing on production, demand, rate of return on 
investment, marketing and trends with respect to the level of 
imports of live lamb and lamb meat products, and the effects of 
such imports on the production of lamb meat in the United 
States.
  (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Ways and Means and the Committee on Agriculture of 
the House of Representatives and the Committee on Finance and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report setting forth the results of such study. If 
appropriate, the report should include proposals on ways to 
bring about a long-term increase in per capita consumption of 
lamb meat products and ways to encourage a more profitable and 
productive domestic industry to ensure a plentiful and 
affordable supply of lamb meat.

SEC. 4509. ROSE STUDY.

  (a) Study.--Not later than 240 days after the date of 
enactment of this Act, the United States International Trade 
Commission shall, pursuant to section 332 of the Tariff Act of 
1930 (19 U.S.C. 1332), complete a study with respect to--
          (1) competitive factors affecting the domestic rose-
        growing industry, including competition from imports;
          (2) the effect that the European Community's tariff 
        rate for imported roses has on world trade of roses; 
        and
          (3) the extent to which unfair trade practices and 
        foreign barriers to trade are impeding the marketing 
        abroad of domestically produced roses.
  (b) Report.--The Commission shall report the results of the 
study conducted in accordance with subsection (a) as soon as 
the study is completed to--
          (1) the Committee on Agriculture and the Committee on 
        Ways and Means of the House of Representatives;
          (2) the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Finance of the Senate;
          (3) the United States Trade Representative;
          (4) the Secretary of Commerce; and
          (5) the Secretary of Agriculture.
  (c) Review.--It is the sense of Congress that the United 
States Trade Representative, the Secretary of Commerce, and the 
Secretary of Agriculture, should use all available remedies, 
programs, and policies within their respective jurisdictions to 
assist the domestic rose industry to maintain and enhance its 
ability to compete in the domestic and world market for roses 
if, after their review of the study and report required by this 
section, such officials determine that such action is 
appropriate to counter any adverse effects on the domestic rose 
industry caused by unfair trade practices of foreign 
competitors.

           Subtitle F--Miscellaneous Agricultural Provisions

          * * * * * * *

SEC. 4605. STUDY OF INTERNATIONAL MARKETING IN LAND GRANT COLLEGES AND 
                    UNIVERSITIES.

  It is the sense of Congress that--
          (1) land grant colleges and universities (as defined 
        in section 1404(10) of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 
        U.S.C. 3103(10)) should encourage the study and career 
        objective of international marketing of agricultural 
        commodities and products;
          (2) because marketing complements production, 
        international agricultural marketing specialists are 
        needed in a globally competitive world; and
          (3) enhanced foreign marketing of United States 
        agricultural commodities and products will help relieve 
        stress in the rural economy.

SEC. 4606. INTERNATIONAL TRADE IN EGGS AND EGG PRODUCTS.

  (a) Findings.--Congress finds that--
          (1) the system of basic and variable levies of the 
        European Community has severely restricted the export 
        of United States eggs and egg products to European 
        Community member countries;
          (2) export subsidies of the European Community have 
        caused displacement of United States egg exports in 
        international markets; and
          (3) the Secretary of Agriculture is in the process of 
        certifying the Netherland's inspection procedures for 
        egg products for the purpose of importation into the 
        United States of egg products of the Netherlands.
  (b) Sense of Congress.--It is the sense of Congress that the 
United States Trade Representative should enter into 
negotiations with the European Community concerning--
          (1) duties, tariffs, and other means used by the 
        European Community to limit the access of United States 
        eggs and egg products to European Community markets; 
        and
          (2) European Community export subsidies that have had 
        the effect of excluding United States eggs and egg 
        products from other world markets.

SEC. 4607. UNITED STATES ACCESS TO THE KOREAN BEEF MARKET.

  (a) Findings.--Congress finds that--
          (1) the 1986 United States trade deficit with the 
        Republic of Korea was $7,600,000,000;
          (2) the Republic of Korea has banned beef imports 
        since May 1985;
          (3) this beef import ban is in contravention of 
        Korea's obligations under the General Agreement on 
        Tariffs and Trade and impairs United States rights 
        under such agreement;
          (4) Korea imposes an unreasonably high 20 percent ad 
        valorem tariff on meat products; and
          (5) if the Korean beef market were liberalized, the 
        United States, due to comparative advantage, could 
        supply a significant portion of the Korean market for 
        beef, thereby increasing profit opportunities for the 
        United States beef industry while benefiting Korean 
        consumers.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Republic of Korea should take immediate 
        action to fulfill its obligations under the General 
        Agreement on Tariffs and Trade and permit access to its 
        market for United States beef;
          (2) the United States should aggressively pursue 
        negotiations to gain access to the Korean market for 
        United States beef;
          (3) such negotiations, in addition to elimination of 
        the beef import ban, should address the high tariffs 
        set by the Republic of Korea and the means by which 
        imported beef is distributed in Korea; and
          (4) if the Republic of Korea does not show clear 
        evidence that it is engaging in meaningful 
        liberalization of its market for United States beef, 
        the United States should use all available and 
        appropriate means to encourage the Republic of Korea to 
        open its market to United States beef imports.

SEC. 4608. UNITED STATES ACCESS TO JAPANESE AGRICULTURAL MARKETS.

  (a) Findings.--Congress finds that--
          (1) the United States requested establishment of a 
        panel pursuant to Article XXIII of the General 
        Agreement on Tariffs and Trade (hereinafter in this 
        section referred to as ``GATT'') to examine Japanese 
        import restrictions on 12 categories of agricultural 
        products;
          (2) the GATT panel found that Japanese quantitative 
        restrictions on 10 of the 12 product categories are 
        inconsistent with Article XI of the GATT and 
        recommended that Japan eliminate them or otherwise take 
        action to bring them into conformity with the GATT; and
          (3) the rationale behind the GATT panel finding can 
        also be applied to other restrictions that Japan 
        maintains on imports from the United States, 
        including--
                  (A) a virtual ban on imports of United States 
                rice;
                  (B) a very restrictive quota on imports of 
                United States beef; and
                  (C) high tariffs and restrictive quotas on 
                imports of United States citrus.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the Government of Japan should immediately take 
        actions to comply with the findings of the GATT panel 
        report;
          (2) the Government of Japan should immediately 
        liberalize its trade policies by lowering high tariffs 
        and removing quotas on agricultural imports from the 
        United States, including those imposed on rice, beef, 
        and citrus, in order to avoid any damage to the close 
        relations between Japan and the United States; and
          (3) the United States should continue efforts to 
        persuade the Government of Japan to remove its trade 
        barriers.

SEC. 4609.\18\ SENSE OF CONGRESS RELATING TO SECTION 22.

  It is the sense of Congress that--
---------------------------------------------------------------------------
    \18\ 7 U.S.C. 624 note.
---------------------------------------------------------------------------
          (1) the amounts of assessments collected under the 
        no-net-cost tobacco program can be an indicator of 
        import injury and material interference with the 
        tobacco price support program administered by the 
        Secretary of Agriculture; and
          (2) for purposes of any investigation conducted under 
        section 22(a) of the Agricultural Adjustment Act (7 
        U.S.C. 624(a)), reenacted with amendments by the 
        Agricultural Marketing Agreement Act of 1937, with 
        respect to tobacco, or articles containing tobacco, 
        imported into the United States, the International 
        Trade Commission should take into account, as if they 
        are costs to the Federal government, contributions and 
        assessments imposed under sections 106A and 106B of the 
        Agricultural Act of 1949 (7 U.S.C. 1445-1 and 1445-2) 
        in determining whether such imported tobacco or 
        articles containing tobacco materially interfere with 
        the tobacco price support program carried out by the 
        Secretary of Agriculture.
          * * * * * * *
                 b. Agricultural Trade Act of 1978 \1\

Public Law 95-501 [S. 3447], 92 Stat. 1685, approved October 21, 1978; 
  amended by Public Law 101-624 [Food, Agriculture, Conservation, and 
  Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 
 1990; Public Law 102-237 [Food, Agriculture, Conservation, and Trade 
 Act Amendments of 1991; H.R. 3029], 105 Stat. 1818, approved December 
13, 1991; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 
  3320, approved October 24, 1992; Public Law 103-66 [Omnibus Budget 
Reconciliation Act of 1993; H.R. 2264], 107 Stat. 312, approved August 
    10, 1993; Public Law 103-354 [Federal Crop Insurance Reform and 
 Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108 
  Stat. 3178, approved October 13, 1994; Public Law 103-465 [Uruguay 
Round Agreements Act; H.R. 5110], 110 Stat. 4809, approved December 8, 
 1994; Public Law 104-127 [Federal Agriculture Improvement and Reform 
Act of 1996; H.R. 2854], 110 Stat. 888, approved April 4, 1996; Public 
       Law 106-78 [Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2000; H.R. 
  1906], 113 Stat. 1135, approved October 22, 1999; and by Public Law 
 107-171 [Farm Security and Rural Investment Act of 2002; H.R. 2646], 
                  116 Stat. 134, approved May 13, 2002

AN ACT To strengthen the economy of the United States through increased 
        sales abroad of United States agricultural commodities.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Agricultural Trade Act of 1978''.

SECTION 1.\2\ SHORT TITLE.

  This Act may be cited as the ``Agricultural Trade Act of 
1978''.
---------------------------------------------------------------------------
    \1\ Sec. 1531 of the Food, Agriculture, Conservation, and Trade Act 
of 1990 (Public Law 101-624; 104 Stat. 3669) struck out the previous 
text and substantially restated this Act.
    \2\ 7 U.S.C. 5601 note.
---------------------------------------------------------------------------

                      TITLE I--GENERAL PROVISIONS

SEC. 101.\3\ PURPOSE.

  It is the purpose of this Act to increase the profitability 
of farming and to increase opportunities for United States 
farms and agricultural enterprises by--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 5601.
---------------------------------------------------------------------------
          (1) increasing the effectiveness of the Department of 
        Agriculture in agricultural export policy formulation 
        and implementation;
          (2) improving the competitiveness of United States 
        agricultural commodities and products in the world 
        market; and
          (3) providing for the coordination and efficient 
        implementation of all agricultural export programs.

SEC. 102.\4\ DEFINITIONS.

  As used in this Act--
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 5602.
---------------------------------------------------------------------------
          (1) Agricultural commodity.--The term ``agricultural 
        commodity'' means any agricultural commodity, food, 
        feed, fiber, or livestock (including livestock as it is 
        defined in section 602(2) of the Agricultural Act of 
        1949 (7 U.S.C. 1471(2)) and insects),\5\ and any 
        product thereof.
---------------------------------------------------------------------------
    \5\ Sec. 702(a) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3349), struck out ``feed, or fiber'' and inserted in lieu thereof 
``feed, fiber, or livestock (including livestock as it is defined in 
section 602(2) of the Agricultural Act of 1949 (7 U.S.C. 1471(2)) and 
insects)''.
---------------------------------------------------------------------------
          (2) Developing country.--The term ``developing 
        country'' means a country that--
                  (A) has a shortage of foreign exchange 
                earnings and has difficulty accessing 
                sufficient commercial credit to meet all of its 
                food needs, as determined by the Secretary; and
                  (B) has the potential to become a commercial 
                market for agricultural commodities.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.
          (4) Service.--The term ``Service'' means the Foreign 
        Agricultural Service of the Department of Agriculture.
          (5) Unfair trade practice.--
                  (A) In general.--Subject to subparagraph (B), 
                the term ``unfair trade practice'' means any 
                act, policy, or practice of a foreign country 
                that--
                          (i) violates, or is inconsistent 
                        with, the provisions of, or otherwise 
                        denies benefits to the United States 
                        under, any trade agreement to which the 
                        United States is a party; \6\
---------------------------------------------------------------------------
    \6\ Sec. 3104(b) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 290) struck out ``or'' at the end 
of clause (i), amended and restated clause (ii), and added clauses 
(iii) through (vi).
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                          (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).
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SEC. 103.\9\ AGRICULTURAL EXPORT PROMOTION STRATEGY.

    (a) In General.--The Secretary shall develop a strategy for 
implementing Federal agricultural export promotion programs 
that takes into account the new market opportunities for 
agricultural products, including opportunities that result 
from--
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 5603. Sec. 241(a) of Public Law 104-127 (110 Stat. 
963) amended and restated sec. 103. Sec. 241(b) of that Act further 
stated:
    ``(b) Sense of Congress.--It is the sense of Congress that--
---------------------------------------------------------------------------

  ``(1) the Committee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the Senate should 
conduct a thorough review of agricultural export and food aid programs not 
later than December 31, 1998; and

  ``(2) the review should examine what changes, if any, need to be made in 
the programs as a result of the effects of the Agricultural Market 
Transition Act, the Uruguay Round Agreements, changing world market 
conditions, and such other factors as the committees consider 
appropriate.''.

          (1) the North American Free Trade Agreement and the 
        Uruguay Round Agreements;
          (2) any accession to membership in the World Trade 
        Organization;
          (3) the continued economic growth in the Pacific Rim; 
        and
          (4) other developments.
    (b) Purpose of Strategy.--The strategy developed under 
subsection (a) shall encourage the maintenance, development, 
and expansion of export markets for United States agricultural 
commodities and related products, including high-value and 
value-added products.
    (c) Goals of Strategy.--The strategy developed under 
subsection (a) shall have the following goals:
          (1) Increase the value of United States agricultural 
        exports each year.
          (2) Increase the value of United States agricultural 
        exports each year at a faster rate than the rate of 
        increase in the value of overall world export trade in 
        agricultural products.
          (3) Increase the value of United States high-value 
        and value-added agricultural exports each year.
          (4) Increase the value of United States high-value 
        and value-added agricultural exports each year at a 
        faster rate than the rate of increase in the value of 
        overall world export trade in high-value and value-
        added agricultural products.
          (5) Ensure that to the extent practicable--
                  (A) all obligations undertaken in the Uruguay 
                Round Agreement on Agriculture that 
                significantly increase access for United States 
                agricultural commodities are implemented to the 
                extent required by the Uruguay Round 
                Agreements; or
                  (B) applicable United States laws are used to 
                secure United States rights under the Uruguay 
                Round Agreement on Agriculture.
    (d) Priority Markets.--
          (1) Identification of markets.--In developing the 
        strategy required under subsection (a), the Secretary 
        shall annually identify as priority markets--
                  (A) those markets in which imports of 
                agricultural products show the greatest 
                potential for increase; and
                  (B) those markets in which, with the 
                assistance of Federal export promotion 
                programs, exports of United States agricultural 
                products show the greatest potential for 
                increase.
          (2) Identification of supporting offices.--The 
        President shall identify annually in the budget of the 
        United States Government submitted under section 1105 
        of title 31, United States Code, each overseas office 
        of the Foreign Agricultural Service that provides 
        assistance to United States exporters in each of the 
        priority markets identified under paragraph (1).

SEC. 104.\10\ PRESERVATION OF TRADITIONAL MARKETS.

  The Secretary shall, in implementing programs of the 
Department of Agriculture intended to encourage or assist 
exports of agricultural commodities, seek to preserve 
traditional markets for United States agricultural commodities.
---------------------------------------------------------------------------
    \10\ 7 U.S.C. 5604.
---------------------------------------------------------------------------

SEC. 105.\11\ INDEPENDENCE OF AUTHORITIES.

  Each authority granted under this Act shall be in addition 
to, and not in lieu of, any authority granted to the Secretary 
or the Commodity Credit Corporation under any other provision 
of law.
---------------------------------------------------------------------------
    \11\ 7 U.S.C. 5605.
---------------------------------------------------------------------------

SEC. 106.\12\ IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND 
                    AGREEMENTS.

    Not later than September 30 of each year, the Secretary 
shall evaluate whether the obligations undertaken by foreign 
countries under the Uruguay Round Agreement on Agriculture are 
being fully implemented. If the Secretary has reason to believe 
(based on the evaluation) that any foreign country, by not 
implementing the obligations of the country, may be 
significantly constraining an opportunity for United States 
agricultural exports, the Secretary shall--
---------------------------------------------------------------------------
    \12\ 7 U.S.C. 5606. Added by sec. 242(a) of Public Law 104-127 (110 
Stat. 964).
---------------------------------------------------------------------------
          (1) submit the evaluation to the United States Trade 
        Representative; and
          (2) transmit a copy of the evaluation to the 
        Committee on Agriculture, and the Committee on Ways and 
        Means, of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry, and 
        the Committee on Finance, of the Senate.

SEC. 107.\13\ EXPORTER ASSISTANCE INITIATIVE.

    To provide a comprehensive source of information to 
facilitate exports of United States agricultural commodities, 
the Secretary shall maintain on a website on the Internet 
information to assist exporters and potential exporters of 
United States agricultural commodities.
---------------------------------------------------------------------------
    \13\ 7 U.S.C. 5607. Added by sec. 3101 of the Farm Security and 
Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 288).
---------------------------------------------------------------------------

                 TITLE II--AGRICULTURAL EXPORT PROGRAMS

                       Subtitle A--Programs \14\

SEC. 201.\15\ DIRECT CREDIT SALES PROGRAM.

  (a) Short-Term Program.--To promote the sale of agricultural 
commodities, the Commodity Credit Corporation may finance the 
commercial export sale of such commodities from privately owned 
stocks on credit terms for not to exceed a 3-year period.
---------------------------------------------------------------------------
    \14\ Sec. 310 of Public Law 102-237 (105 Stat. 1856) inserted this 
subtitle heading.
    \15\ 7 U.S.C. 5621. Sec. 707 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3350) substantially amended sec. 201.
---------------------------------------------------------------------------
  (b) Intermediate-Term Program.--Subject to subsection (c), to 
promote the sale of agricultural commodities the Commodity 
Credit Corporation may finance the commercial export sales of 
agricultural commodities from privately owned stocks on credit 
terms for a period of not less than 3 years nor in excess of 10 
years in a manner that will directly benefit United States 
agricultural producers.
  (c) Determinations.--The Commodity Credit Corporation shall 
not finance an export sale under subsection (b) unless the 
Secretary determines that such sale will--
          (1) develop, expand, or maintain the importing 
        country as a foreign market, on a long-term basis, for 
        the commercial sale and export of United States 
        agricultural commodities, without displacing normal 
        commercial sales;
          (2) improve the capability of the importing country 
        to purchase and use, on a long-term basis, United 
        States agricultural commodities; or
          (3) otherwise promote the export of United States 
        agricultural commodities.
The reference in paragraphs (1) and (2) to ``on a long-term 
basis'' shall not apply in the case of determinations with 
respect to sales to the independent states of the former Soviet 
Union.\16\
---------------------------------------------------------------------------
    \16\ Sec. 707(a) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) added the last sentence.
---------------------------------------------------------------------------
  (d) Use of Program.--
          (1) General uses.--The Commodity Credit Corporation 
        may use export sales financing authorized under this 
        section--
                  (A) to increase exports of agricultural 
                commodities;
                  (B) to compete against foreign agricultural 
                exports;
                  (C)\17\ to assist countries in meeting their 
                food and fiber needs, particularly--
---------------------------------------------------------------------------
    \17\ Sec. 707(b) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3350) restated subpara. (C). It formerly read as follows:
    ``(C) to assist countries, particularly developing countries, in 
meeting their food and fiber needs; and''.
---------------------------------------------------------------------------
                          (i) developing countries; and
                          (ii) countries that are emerging 
                        markets \18\ that have committed to 
                        carry out, or are carrying out, 
                        policies that promote economic freedom, 
                        private domestic production of food 
                        commodities for domestic consumption, 
                        and the creation and expansion of 
                        efficient domestic markets for the 
                        purchase and sale of agricultural 
                        commodities; and
---------------------------------------------------------------------------
    \18\ Sec. 277(c)(2) of Public Law 104-127 (110 Stat. 979) struck 
out ``emerging democracies'' and inserted in lieu thereof ``emerging 
markets''.
---------------------------------------------------------------------------
                  (D) for such other purposes as the Secretary 
                determines appropriate consistent with the 
                provisions of subsection (c).
          (2) General restrictions.--Export sales financing 
        authorized under this section shall not be used for 
        foreign aid, foreign policy, or debt rescheduling 
        purposes. The provisions of the cargo preference laws 
        shall not apply to export sales financed under this 
        section.
  (e) Terms of Credit Assistance.--Any contract for the 
financing of exports by the Commodity Credit Corporation under 
this section shall include--
          (1) a requirement that repayment shall be made in 
        dollars with interest accruing thereon as determined 
        appropriate by the Secretary; and
          (2) a requirement, if the Secretary determines such 
        requirement appropriate to protect the interests of the 
        United States, that an initial payment be made by the 
        purchaser at the time of sale or shipment of the 
        agricultural commodity that is subject to the contract.
  (f) \19\ Restrictions.--The Commodity Credit Corporation may 
not make export sales financing authorized under this section 
available in connection with sales of an agricultural commodity 
to any country that the Secretary determines cannot adequately 
service the debt associated with such sale.
---------------------------------------------------------------------------
    \19\ Sec. 707(c) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) added subsec. (f).
---------------------------------------------------------------------------

SEC. 202.\20\ EXPORT CREDIT GUARANTEE PROGRAM.

  (a) Short-Term Credit Guarantees.--(1) \21\ In general.--The 
Commodity Credit Corporation may guarantee the repayment of 
credit made available to finance commercial export sales of 
agricultural commodities, including processed agricultural 
products and high-value agricultural products,\22\ from 
privately owned stocks on credit terms that do not exceed a 3-
year period.
---------------------------------------------------------------------------
    \20\ 7 U.S.C. 5622.
    \21\ Sec. 243(a) of Public Law 104-127 (110 Stat. 965) added para. 
designation ``(1)'' and a new para. (2).
    \22\ Sec. 709(a)(1) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) inserted ``, including processed agricultural products 
and high-value agricultural products,'' after ``agricultural 
commodities'' at each place it appears in subsecs. (a) and (b).
---------------------------------------------------------------------------
    (2) \21\ Supplier credits.--In carrying out this section, 
the Commodity Credit Corporation may issue guarantees for the 
repayment of credit made available for a period of not more 
than 180 days by a United States exporter to a buyer in a 
foreign country.
    (3) \23\ Extended supplier credits.--
---------------------------------------------------------------------------
    \23\ Sec. 3102(a) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 289) added para. (3).
---------------------------------------------------------------------------
          (A) In general.--Subject to the appropriation of 
        funds under subparagraph (B), in carrying out this 
        section, the Commodity Credit Corporation may issue 
        guarantees for the repayment of credit made available 
        for a period of more than 180 days, but not more than 
        360 days, by a United States exporter to a buyer in a 
        foreign country.
          (B) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to fund the additional costs attributable to 
        the portion of any guarantee issued under this 
        paragraph to cover the repayment of credit beyond the 
        initial 180-day period.
  (b) Intermediate-Term Credit Guarantees.--Subject to the 
provisions of subsection (c), the Commodity Credit Corporation 
may guarantee the repayment of credit made available by 
financial institutions in the United States to finance 
commercial export sales of agricultural commodities, including 
processed agricultural products and high-value agricultural 
products,\22\ from privately owned stocks on credit terms that 
are for not less than a 3-year period nor for more than a 10-
year period in a manner that will directly benefit United 
States agricultural producers.
  (c) Required Determinations.--The Commodity Credit 
Corporation shall not guarantee under subsection (b) the 
repayment of credit made available to finance an export sale 
unless the Secretary determines that such sale will--
          (1) develop, expand, or maintain the importing 
        country as a foreign market, on a long-term basis, for 
        the commercial sale and export of United States 
        agricultural commodities, without displacing normal 
        commercial sales;
          (2) improve the capability of the importing country 
        to purchase and use, on a long-term basis, United 
        States agricultural commodities; or
          (3) otherwise promote the export of United States 
        agricultural commodities.
The reference in paragraphs (1) and (2) to ``on a long-term 
basis'' shall not apply in the case of determinations with 
respect to sales to the independent states of the former Soviet 
Union.\24\
---------------------------------------------------------------------------
    \24\ Sec. 708(a) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) added this last sentence to subsec. (c).
---------------------------------------------------------------------------
  (d) Purpose of Program.--The Commodity Credit Corporation may 
use export credit guarantees authorized under this section--
          (1) to increase exports of agricultural commodities;
          (2) to compete against foreign agricultural exports;
          (3) \25\ to assist countries in meeting their food 
        and fiber needs, particularly--
---------------------------------------------------------------------------
    \25\ Sec. 708(b) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) restated para. (3), which had read as follows:
    ``(3) to assist countries, particularly developing countries, in 
meeting their food and fiber needs; and''.
---------------------------------------------------------------------------
                  (A) developing countries; and
                  (B) countries that are emerging markets \26\ 
                that have committed to carry out, or are 
                carrying out, policies that promote economic 
                freedom, private domestic production of food 
                commodities for domestic consumption, and the 
                creation and expansion of efficient domestic 
                markets for the purchase and sale of 
                agricultural commodities; and
---------------------------------------------------------------------------
    \26\ Sec. 277(c)(3) of Public Law 104-127 (110 Stat. 979) struck 
out ``emerging democracies'' and inserted in lieu thereof ``emerging 
markets''.
---------------------------------------------------------------------------
          (4) for such other purposes as the Secretary 
        determines appropriate, consistent with the provisions 
        of subsection (c).
  (e) Restrictions on Use of Credit Guarantees.--Export credit 
guarantees authorized by this section shall not be used for 
foreign aid, foreign policy, or debt rescheduling purposes. The 
provisions of the cargo preference laws shall not apply to 
export sales with respect to which credit is guaranteed under 
this section.
  (f) Restrictions.--
          (1) \27\ In general.--The Commodity Credit 
        Corporation shall not make credit guarantees available 
        in connection with sales of agricultural commodities to 
        any country that the Secretary determines cannot 
        adequately service the debt associated with such sale.
---------------------------------------------------------------------------
    \27\ Sec. 243(a)(2) of Public Law 104-127 (110 Stat. 966) added 
para. designation ``(1)'' and added a new para. (2).
---------------------------------------------------------------------------
          (2) \27\ Criteria for determination.--In making the 
        determination required under paragraph (1) with respect 
        to credit guarantees under subsection (b) for a 
        country, the Secretary may consider, in addition to 
        financial, macroeconomic, and monetary indicators--
                  (A) whether an International Monetary Fund 
                standby agreement, Paris Club rescheduling 
                plan, or other economic restructuring plan is 
                in place with respect to the country;
                  (B) whether the country is addressing issues 
                such as--
                          (i) the convertibility of the 
                        currency of the country;
                          (ii) adequate legal protection for 
                        foreign investments;
                          (iii) the viability of the financial 
                        markets of the country; and
                          (iv) adequate legal protection for 
                        the private property rights of citizens 
                        of the country; or
                  (C) any other factors that are relevant to 
                the ability of the country to service the debt 
                of the country.
  (g) Terms.--Export credit guarantees issued pursuant to this 
section shall contain such terms and conditions as the 
Commodity Credit Corporation determines to be necessary.
  (h) \28\ United States Agricultural Commodities.--The 
Commodity Credit Corporation shall finance or guarantee under 
this section only United States agricultural commodities.
---------------------------------------------------------------------------
    \28\ Sec. 243(a)(3) of Public Law 104-127 (110 Stat. 966) amended 
and restated subsec. (h). It formerly read as follows:
    ``(h) Foreign Agricultural Components.--The Commodity Credit 
Corporation shall finance or guarantee under this section only United 
States agricultural commodities. The Commodity Credit Corporation shall 
not finance or guarantee under this section the value of any foreign 
agricultural component.''.
---------------------------------------------------------------------------
  (i) \29\ Ineligibility of Financial Institutions.--
---------------------------------------------------------------------------
    \29\ In subsec. (i), sec. 243(a)(4) of Public Law 104-127 (110 
Stat. 966) struck out para. (1), which had read, ``(1) is not in sound 
financial condition;'', inserted a new para. (1), redesignated former 
paras. (2) and (3) as subparas. (A) and (B), and added a new para. (2).
---------------------------------------------------------------------------
          (1) In general.--A financial institution shall be 
        ineligible to receive an assignment of a credit 
        guarantee issued by the Commodity Credit Corporation 
        under this section if it is determined by the 
        Corporation, at the time of the assignment, that \30\ 
        such financial institution--
---------------------------------------------------------------------------
    \30\ Sec. 334 of Public Law 102-237 (105 Stat. 1859) struck out 
``or proceeds payable under a credit guarantee issued by the Commodity 
Credit Corporation under this section if it is determined by the 
Corporation that'' and inserted in lieu thereof ``issued by the 
Commodity Credit Corporation under this section if it is determined by 
the Corporation, at the time of the assignment, that''.
---------------------------------------------------------------------------
                  (A) is the financial institution issuing the 
                letter of credit or a subsidiary of such 
                institution; or
                  (B) is owned or controlled by an entity that 
                owns or controls that financial institution 
                issuing the letter of credit.
          (2) Third country banks.--The Commodity Credit 
        Corporation may guarantee under subsections (a) and (b) 
        the repayment of credit made available to finance an 
        export sale irrespective of whether the obligor is 
        located in the country to which the export sale is 
        destined.
  (j) Conditions for Fish and Processed Fish Products.--In 
making available any guarantees of credit under this section in 
connection with sales of fish and processed fish products, the 
Secretary shall make such guarantees available under terms and 
conditions that are comparable to the terms and conditions that 
apply to guarantees provided with respect to sales of other 
agricultural commodities under this section.
    (k) \31\ Processed and High-Value Products.--
---------------------------------------------------------------------------
    \31\ Sec. 709(a)(2) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3351) added subsec. (k), relating to set-asides. Sec. 
243(a)(5) of Public Law 104-127 (110 Stat. 966) amended and restated 
the subsection.
---------------------------------------------------------------------------
          (1) In general.--In issuing export credit guarantees 
        under this section, the Commodity Credit Corporation 
        shall, subject to paragraph (2), ensure that not less 
        than 25 percent for each of fiscal years 1996 and 1997, 
        30 percent for each of fiscal years 1998 and 1999, and 
        35 percent for each of fiscal years 2000 through 
        2007,\32\ of the total amount of credit guarantees 
        issued for a fiscal year is issued to promote the 
        export of processed or high-value agricultural products 
        and that the balance is issued to promote the export of 
        bulk or raw agricultural commodities.
---------------------------------------------------------------------------
    \32\ Sec. 3102(b) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 289) struck out ``, 2001, and 
2002'' and inserted in lieu thereof ``through 2007''.
---------------------------------------------------------------------------
          (2) Limitation.--The percentage requirement of 
        paragraph (1) shall apply for a fiscal year to the 
        extent that a reduction in the total amount of credit 
        guarantees issued for the fiscal year is not required 
        to meet the percentage requirement.
    (l) \33\ Consultation on Agricultural Export Credit 
Programs.--The Secretary and the United States Trade 
Representative shall consult on a regular basis with the 
Committee on Agriculture, and the Committee on International 
Relations, of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate on the 
status of multilateral negotiations regarding agricultural 
export credit programs.
---------------------------------------------------------------------------
    \33\ Sec. 3102(c) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 289) added subsec. (l).
---------------------------------------------------------------------------

SEC. 203.\34\ MARKET ACCESS PROGRAM.

  (a) In General.--The Commodity Credit Corporation shall 
establish and carry out a program to encourage the development, 
maintenance, and expansion of commercial export markets for 
agricultural commodities through cost-share assistance to 
eligible trade organizations that implement a foreign market 
development program.
---------------------------------------------------------------------------
    \34\ 7 U.S.C. 5623. Sec. 244(a)(1)(A) of Public Law 104-127 (110 
Stat. 967) struck out ``market promotion program'' and inserted in lieu 
thereof ``market access program'' as the section catchline.
---------------------------------------------------------------------------
  (b) Type of Assistance.--Assistance under this section may be 
provided in the form of funds of, or commodities owned by, the 
Commodity Credit Corporation, as determined appropriate by the 
Secretary.
  (c) \35\ Requirements for Participation.--To be eligible for 
cost-share assistance under this section, an organization 
shall--
---------------------------------------------------------------------------
    \35\ Sec. 411(d) of Public Law 103-465 (108 Stat. 4963) struck out 
para. (2) in this subsection, struck out para. designation ``(1)'', and 
redesignated subparas. (A) through (C) as paras. (1) through (3). Para. 
(2), as previously amended by Public Law 103-66 (107 Stat. 330), 
formerly read as follows:
    ``(2) Unfair trade practices.--
---------------------------------------------------------------------------

  ``(A) Requirement.--Except as provided in subparagraph (B), the Secretary 
shall provide assistance under this section only to counter or offset the 
adverse effects of a subsidy, import quota, or other unfair trade practice 
of a foreign country.

  ``(B) Exception.--The Secretary shall waive the requirements of this 
paragraph in the case of activities conducted by small entities operating 
through the regional State-related organizations.''.

          (1) be an eligible trade organization;
          (2) prepare and submit a marketing plan to the 
        Secretary that meets the guidelines governing such 
        plans established by the Secretary; and
          (3) meet any other requirements established by the 
        Secretary.
  (d) Eligible Trade Organizations.--An eligible trade 
organization shall be--
          (1) a United States agricultural trade organization 
        or regional State-related organization that promotes 
        the export and sale of agricultural commodities and 
        that does not stand to profit directly from specific 
        sales of agricultural commodities;
          (2) a cooperative organization or State agency that 
        promotes the sale of agricultural commodities; or
          (3) a private organization that promotes the export 
        and sale of agricultural commodities if the Secretary 
        determines that such organization would significantly 
        contribute to United States export market development.
  (e) Approved Marketing Plan.--
          (1) In general--A marketing plan submitted by an 
        eligible trade organization under this section shall 
        describe the advertising or other market oriented 
        export promotion activities to be carried out by the 
        eligible trade organization with respect to which 
        assistance under this section is being requested.
          (2) Requirements.--To be approved by the Secretary, a 
        marketing plan submitted under this subsection shall--
                  (A) specifically describe the manner in which 
                assistance received by the eligible trade 
                organization in conjunction with funds and 
                services provided by the eligible trade 
                organization will be expended in implementing 
                the marketing plan;
                  (B) establish specific market goals to be 
                achieved as a result of the market access 
                program; \36\ and
---------------------------------------------------------------------------
    \36\ Sec. 244(a)(1)(B) of Public Law 104-127 (110 Stat. 967) struck 
out ``marketing promotion program'' and inserted in lieu thereof 
``market access program'' throughout sec. 203.
---------------------------------------------------------------------------
                  (C) contain whatever additional requirements 
                are determined by the Secretary to be 
                necessary.
          (3) Amendments.--A marketing plan may be amended by 
        the eligible trade organization at any time, with the 
        approval of the Secretary.
          (4) Branded promotion.--An agreement entered into 
        under this section may provide for the use of branded 
        advertising to promote the sale of agricultural 
        commodities in a foreign country under such terms and 
        conditions as may be established by the Secretary.
  (f) Other Terms and conditions.--
          (1) Multi-year basis.--The Secretary may provide 
        assistance under this section on a multi-year basis, 
        subject to annual review by the Secretary for 
        compliance with the approved marketing plan.
          (2) Termination of assistance.--The Secretary may 
        terminate any assistance made, or to be made, available 
        under this section if the Secretary determines that--
                  (A) the eligible trade organization is not 
                adhering to the terms and conditions of the 
                program established under this section;
                  (B) the eligible trade organization is not 
                implementing the approved marketing plan or is 
                not adequately meeting the established goals of 
                the market access program; \36\
                  (C) the eligible trade organization is not 
                adequately contributing its own resources to 
                the market access program; \36\ or \37\
---------------------------------------------------------------------------
    \37\ Sec. 411(d)(2) of Public Law 103-465 (108 Stat. 4963) struck 
out subpara. (D), added ``or'' at the end of subpara. (C), and 
redesignated subpara. (E) as subpara. (D). Former subpara. (D) read as 
follows:
    ``(D) the unfair trade practice that was the basis of the provision 
of assistance has been discontinued and marketing assistance is no 
longer required to offset its effects; or''.
---------------------------------------------------------------------------
                  (D) \37\ the Secretary determines that 
                termination of assistance in a particular 
                instance is in the best interests of the 
                program.
          (3) Evaluations.--The Secretary shall monitor the 
        expenditure of funds received under this section by 
        recipients of such funds. The Secretary shall make 
        evaluations of such expenditure, including--
                  (A) an evaluation of the effectiveness of the 
                program in developing or maintaining markets 
                for United States agricultural commodities;
                  (B) an evaluation of whether assistance 
                provided under this section is necessary to 
                maintain such markets; and
                  (C) a thorough accounting of the expenditure 
                of such funds by the recipient.
        The Secretary shall make an initial evaluation of 
        expenditures of a recipient not later than 15 months 
        after the initial provision of funds to the recipient.
          (4) \38\ Use of funds.--Funds made available to carry 
        out this section--
---------------------------------------------------------------------------
    \38\ Sec. 244(b) of Public Law 104-127 (110 Stat. 968) added para. 
(4).
---------------------------------------------------------------------------
                  (A) shall not be used to provide direct 
                assistance to any foreign for-profit 
                corporation for the corporation's use in 
                promoting foreign-produced products;
                  (B) shall not be used to provide direct 
                assistance to any for-profit corporation that 
                is not recognized as a small-business concern 
                described in section 3(a) of the Small Business 
                Act (15 U.S.C. 632(a)), excluding--
                          (i) a cooperative;
                          (ii) an association described in the 
                        first section of the Act entitled ``An 
                        Act To authorize association of 
                        producers of agricultural products'', 
                        approved February 18, 1922 (7 U.S.C. 
                        291); and
                          (iii) a nonprofit trade association; 
                        and
                  (C) may be used by a United States trade 
                association, cooperative, or small business for 
                individual branded promotional activity related 
                to a United States branded product, if the 
                beneficiaries of the activity have provided 
                funds for the activity in an amount that is at 
                least equivalent to the amount of assistance 
                provided under this section.
  (g) Level of Marketing Assistance.--
          (1) In general.--The Secretary shall justify in 
        writing the level of assistance provided to an eligible 
        trade organization under the program under this section 
        and the level of cost-sharing required of such 
        organization.
          (2) Limitation.--Assistance provided under this 
        section for activities described in subsection (e)(4) 
        shall not exceed 50 percent of the cost of implementing 
        the marketing plan, except that the Secretary may 
        determine not to apply such limitation in the case of 
        agricultural commodities with respect to which there 
        has been a favorable decision by the United States 
        Trade Representative under section 301 of the Trade Act 
        of 1974. Criteria for determining that the limitation 
        shall not apply shall be consistent and documented.
          (3) Staged reduction in assistance.--In the case of 
        participants that received assistance under section 
        1124 of the Food Security Act of 1985 prior to November 
        28, 1990,\39\ and with respect to which assistance 
        under this section would be limited under paragraph 
        (2), any such reduction in assistance shall be phased 
        down in equal increments over a 5-year period.
---------------------------------------------------------------------------
    \39\ Sec. 309 of Public Law 102-237 (105 Stat. 1856) struck out 
``the date of enactment of this Act'' and inserted in lieu thereof 
``November 28, 1990,''.
---------------------------------------------------------------------------

SEC. 204.\40\ BARTER OF AGRICULTURAL COMMODITIES.

  (a) In General.--The Secretary or the Commodity Credit 
Corporation may provide eligible commodities in barter for 
foreign products under such terms and conditions as the 
Secretary or the Corporation shall prescribe.
---------------------------------------------------------------------------
    \40\ 7 U.S.C. 5624.
---------------------------------------------------------------------------
  (b) Eligible Commodities.--Unless otherwise specified, 
eligible commodities shall include--
          (1) agricultural commodities acquired by the 
        Commodity Credit Corporation through price support 
        operations; and
          (2) agricultural commodities acquired by the 
        Secretary or the Commodity Credit Corporation in the 
        normal course of business and available for 
        disposition.
  (c) Barter by Exporters of Agricultural Commodities.--
          (1) Purpose.--The Secretary or the Commodity Credit 
        Corporation shall encourage exporters of agricultural 
        commodities to barter such commodities for foreign 
        products--
                  (A) to acquire such foreign products needed 
                by such exporters; and
                  (B) to develop, maintain, or expand foreign 
                markets for United States agricultural exports.
          (2) Eligible activities.--The Secretary or the 
        Commodity Credit Corporation may provide eligible 
        commodities to exporters to assist such exporters in 
        barter transactions.
          (3) Technical assistance.--The Secretary or the 
        Commodity Credit Corporation shall provide technical 
        advice and assistance relating to the barter of 
        agricultural commodities to any United States exporter 
        who requests such advice or assistance.
  (d) Transfer of Foreign Products to Other Government 
Agencies.\41\ --The Secretary or the Commodity Credit 
Corporation may transfer any foreign products that the 
Secretary or such Corporation obtains through barter activities 
to other Government \42\ agencies if the Corporation receives 
assurances that it will receive full reimbursement from the 
agency within the same fiscal year in which such transfer 
occurs.
---------------------------------------------------------------------------
    \41\ Sec. 320(1) of Public Law 102-237 (105 Stat. 1857) struck out 
``Agency or Private Parties'' from the heading and inserted in lieu 
thereof ``Agencies''.
    \42\ Sec. 320(2) of Public Law 102-237 (105 Stat. 1857) capitalized 
``government''.
---------------------------------------------------------------------------
  (e) Corporation Authority Not Limited.--Nothing contained in 
this section shall limit the authority of the Commodity Credit 
Corporation to acquire, hold, or dispose of such foreign 
materials as such Corporation determines appropriate in 
carrying out the functions and protecting the assets of the 
Corporation.
  (f) Prohibited Activities.--The Secretary or the Commodity 
Credit Corporation shall take reasonable precautions to prevent 
the misuse of eligible commodities in a barter or exchange 
program, including activities that--
          (1) displace or interfere with commercial sales of 
        United States agricultural commodities that otherwise 
        might be made;
          (2) unduly disrupt world prices of agricultural 
        commodities or the normal patterns of commercial trade 
        with recipient countries; or
          (3) permit the resale or transshipment of eligible 
        commodities to countries other than the intended 
        recipient country.

SEC. 205.\43\ COMBINATION OF PROGRAMS.

  The Commodity Credit Corporation may carry out a program 
under which commercial export credit guarantees available under 
section 202 are combined with direct credits from the Commodity 
Credit Corporation under section 201 to reduce the effective 
rate of interest on export sales of agricultural commodities.
---------------------------------------------------------------------------
    \43\ 7 U.S.C. 5625.
---------------------------------------------------------------------------

                       Subtitle B--Implementation

SEC. 211.\44\ FUNDING LEVELS.

  (a) Direct Credit Programs.--The Commodity Credit Corporation 
may make available for each fiscal year such funds of the 
Commodity Credit Corporation as it determines necessary to 
carry out any direct credit program established under section 
201.
---------------------------------------------------------------------------
    \44\ 7 U.S.C. 5641.
---------------------------------------------------------------------------
  (b) \45\ Export Credit Guarantee Programs.--
---------------------------------------------------------------------------
    \45\ Sec. 243(b) of Public Law 104-127 (110 Stat. 967) struck out 
subsec. (b) and inserted a new subsec. (b). It formerly read as 
follows:
    ``(b) Export Credit Guarantee Programs.--
---------------------------------------------------------------------------

  ``(1) Short-term guarantees.--

  ``(A) Minimum amounts.--The Commodity Credit Corporation shall make 
available for each of the fiscal years 1991 through 1995 not less than 
$5,000,000,000 in credit guarantees under section 202(a).

  ``(B) Limitation on origination fee.--Notwithstanding any other provision 
of law, the Secretary may not charge an origination fee with respect to any 
credit guarantee transaction under section 202(a) in excess of an amount 
equal to one percent of the amount of credit extended under the 
transaction.

  ``(2) Intermediate-term credit guarantees.--The Commodity Credit 
Corporation shall make available for each of the fiscal years 1991 through 
1995 not less than $500,000,000 in credit guarantees under section 
202(b).''.

          (1) Export credit guarantees.--The Commodity Credit 
        Corporation shall make available for each of fiscal 
        years 1996 through 2007 \46\ not less than 
        $5,500,000,000 in credit guarantees under subsections 
        (a) and (b) of section 202.
---------------------------------------------------------------------------
    \46\ Sec. 3102(d) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 289) struck out ``2002'' and 
inserted in lieu thereof ``2007''.
---------------------------------------------------------------------------
          (2) Limitation on origination fee.--Notwithstanding 
        any other provision of law, the Secretary may not 
        charge an origination fee with respect to any credit 
        guarantee transaction under section 202(a) in excess of 
        an amount equal to 1 percent of the amount of credit to 
        be guaranteed under the transaction, except with 
        respect to an export credit guarantee transaction 
        pursuant to section 1542(b) of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (Public Law 101-
        624; 7 U.S.C. 5622 note).
  (c) \47\, \48\ Market Access Programs.--
---------------------------------------------------------------------------
    \47\ Sec. 244(a)(2)(B)(i) of Public Law 104-127 (110 Stat. 968) 
struck out ``Marketing Promotion Programs'' and inserted in lieu 
thereof ``Market Access Programs'' in the subsection heading.
    \48\ Sec. 3103(2) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116  Stat.  289)  restructured  subsec.  (c)  
by  inserting  para.  designation  and  text  ``(1)  In  general--'', 
redesignating former paras. (1) and (2) as subparas. (A) and (B) under 
newly formed para. (1), and adding new para. (2). That section also 
amended and restated subpara. (A) (as redesignated).
---------------------------------------------------------------------------
          (1) In general.--The Commodity Credit Corporation or 
        the Secretary shall make available for market access 
        activities \49\ authorized to be carried out by the 
        Commodity Credit Corporation under section 203--
---------------------------------------------------------------------------
    \49\ Sec. 244(a)(2)(B)(ii) of Public Law 104-127 (110 Stat. 968) 
struck out ``market promotion activities'' and inserted in lieu thereof 
``market access activities''.
---------------------------------------------------------------------------
                  (A) \50\ in addition to any funds that may be 
                specifically appropriated to implement a market 
                access program, not more than $90,000,000 for 
                fiscal year 2001, $100,000,000 for fiscal year 
                2002, $110,000,000 for fiscal year 2003, 
                $125,000,000 for fiscal year 2004, $140,000,000 
                for fiscal year 2005, and $200,000,000 for each 
                of fiscal years 2006 and 2007, of the funds of, 
                or an equal value of commodities owned by, the 
                Commodity Credit Corporation; and
---------------------------------------------------------------------------
    \50\ Amended and restated by sec. 3103(3) of the Farm Security and 
Rural Investment Act of 2002 (Public Law 107-171; 116 Stat. 289). Had 
previously read, as redesignated and amended, as follows:
    ``(A) in addition to any funds that may be specifically 
appropriated to implement a market access program, not less than 
$200,000,000 for each of the fiscal years 1991 through 1993, not less 
than $110,000,000 for each of the fiscal years 1994 through 1995, and 
not more than $90,000,000 for each of the fiscal years 1996 through 
2002, of the funds of, or an equal value of commodities owned by, the 
Commodity Credit Corporation; and''.
---------------------------------------------------------------------------
                  (B) \48\ any funds that may be specifically 
                appropriated to carry out a market access 
                program \51\ under section 203.
---------------------------------------------------------------------------
    \51\ Sec. 244(a)(2)(B)(iii) of Public Law 104-127 (110 Stat. 968) 
struck out ``marketing development program'' and inserted in lieu 
thereof ``market access program''.
---------------------------------------------------------------------------
          (2) \52\ Program priorities.--In providing any amount 
        of funds made available under paragraph (1)(A) for any 
        fiscal year that is in excess of the amount made 
        available under paragraph (1)(A) for fiscal year 2001, 
        the Secretary shall, to the maximum extent 
        practicable--
---------------------------------------------------------------------------
    \52\ Sec. 3103(4) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 289) added para. (2).
---------------------------------------------------------------------------
                  (A) give equal consideration to--
                          (i) proposals submitted by 
                        organizations that were participating 
                        organizations in prior fiscal years; 
                        and
                          (ii) proposals submitted by eligible 
                        trade organizations that have not 
                        previously participated in the program 
                        established under this title; and
                  (B) give equal consideration to--
                          (i) proposals submitted for 
                        activities in emerging markets; and
                          (ii) proposals submitted for 
                        activities in markets other than 
                        emerging markets.

               TITLE III--EXPORT ENHANCEMENT PROGRAM \53\
---------------------------------------------------------------------------

    \53\ Sec. 411(a)(2) of Public Law 103-465 (108 Stat. 4962) struck 
out ``RESPONSE TO UNFAIR TRADE PRACTICES'' and inserted in lieu thereof 
``EXPORT ENHANCEMENT PROGRAM''.
---------------------------------------------------------------------------

SEC. 301.\54\ EXPORT ENHANCEMENT PROGRAM.

  (a) \55\ In General.--The Commodity Credit Corporation shall 
carry out an export enhancement program in accordance with this 
section to encourage the commercial sale of United States 
agricultural commodities in world markets at competitive 
prices. The program shall be carried out in a market sensitive 
manner. Activities under the program shall not be limited to 
responses to unfair trade practices.
---------------------------------------------------------------------------
    \54\ 7 U.S.C. 5651.
    \55\ Sec. 411(a)(3) of Public Law 103-465 (108 Stat. 4963) amended 
and restated subsec. (a). It formerly read, as amended by sec. 
709(b)(1) of the FREEDOM Support Act, as follows:
    ``(a) In General.--The Commodity Credit Corporation shall carry out 
in accordance with this section a program to discourage unfair trade 
practices by making United States agricultural commodities, including 
processed agricultural products and high-value agricultural products, 
competitive.''.
---------------------------------------------------------------------------
  (b) Export Bonus.--
          (1) In general.--In carrying out the program 
        established under this section, the Commodity Credit 
        Corporation may--
                  (A) make agricultural commodities, acquired 
                by the Commodity Credit Corporation, available 
                to exporters, users, processors, or foreign 
                purchasers at no cost either directly or 
                through the issuance of commodity certificates; 
                and
                  (B) make cash payments to exporters, users, 
                and processors.
          (2) Calculation of bonus levels.--The Commodity 
        Credit Corporation shall--
                  (A) maintain an established procedure for 
                evaluating program bonus requests, with 
                guidelines for determining prevailing market 
                prices for targeted commodities and 
                destinations to be used in the calculation of 
                acceptable bonus levels;
                  (B) use a clear set of established procedures 
                for measuring transportation and incidental 
                costs to be used in the calculation of 
                acceptable bonus levels and for determining the 
                amount of such costs actually incurred; and
                  (C) maintain consistent and effective 
                controls and procedures for auditing and 
                reviewing payment of bonuses and for securing 
                refunds where appropriate.
          (3) Disclosure of information.--The Secretary may, 
        notwithstanding the provisions of section 552 of title 
        5, United States Code, provide for withholding from the 
        public the procedures and guidelines established under 
        paragraphs (2) (A) and (B) if the Secretary determines 
        that release of such information would adversely affect 
        the operation of the program. Nothing in this paragraph 
        shall be construed to authorize the withholding of 
        information, including such procedures and guidelines, 
        from the Congress.
          (4) Competitive disadvantage.--The Secretary shall 
        take such action as is necessary to ensure that equal 
        treatment is provided to domestic and foreign 
        purchasers and users of agricultural commodities in any 
        case in which the importation of a manufactured product 
        made, in whole or in part, from a commodity made 
        available for export under this section would place 
        domestic users of the commodity at a competitive 
        disadvantage.
          (5) Different commodities.--The Commodity Credit 
        Corporation may provide to an exporter, user, or 
        processor, or foreign purchaser, under the program 
        established under this section, agricultural 
        commodities of a kind different than the agricultural 
        commodity involved in the transaction for which 
        assistance under this section is being provided.
          (6) Other export programs.--The Commodity Credit 
        Corporation may provide bonuses under this section in 
        conjunction with other export promotion programs 
        conducted by the Secretary or the Commodity Credit 
        Corporation.
          (7) Avoidance of preferential application.--When 
        using the authorities of this section to promote the 
        exporting of wheat, the Secretary shall make reasonable 
        efforts to avoid giving a preference to one class of 
        wheat disproportionately more than another class.
          (8) Displacement.--The Secretary shall avoid the 
        displacement of usual marketings of United States 
        agricultural commodities in carrying out this section.
  (c) Priority in the Case of Livestock.--In the case of 
proposals for bonuses for dairy cattle or other appropriate 
livestock, the Commodity Credit Corporation shall give priority 
to proposals that include, in connection with the purchase of 
the livestock, appropriate herd management training, veterinary 
services, nutritional training, and other technical assistance 
necessary for the adaptation of the livestock to foreign 
environments.
  (d) Inapplicability of Price Restrictions.--Any price 
restrictions that otherwise may be applicable to dispositions 
of agricultural commodities owned by the Commodity Credit 
Corporation shall not apply to agricultural commodities 
provided under this section.
  (e) \56\ Funding Levels.--
---------------------------------------------------------------------------
    \56\ Sec. 754 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2003 (division 
A of Public Law 108-7; 117 Stat. 45), provided the following:
    ``Sec. 754. Of the funds made available for the Export Enhancement 
Program, pursuant to section 301(e) of the Agricultural Trade Act of 
1978, as amended by Public Law 104-127, not more than $28,000,000 shall 
be available in fiscal year 2003.''.
---------------------------------------------------------------------------
          (1) \57\ In general.--The Commodity Credit 
        Corporation shall make available to carry out the 
        program established under this section not more than--
---------------------------------------------------------------------------
    \57\ Sec. 245(a) of Public Law 104-127 (110 Stat. 968) amended and 
restated para. (1), effective October 1, 1995. It formerly read as 
follows:
    ``In general.--The Commodity Credit Corporation shall make 
available for each of the fiscal years 1991 through 2001 not less than 
$500,000,000 of the funds or commodities of the Commodity Credit 
Corporation to carry out the program established under this section.''.
    The paragraph was previously, amended by sec. 709(b)(2)(A) of 
Public Law 102-511 (106 Stat. 3352) and sec. 411(a)(4) of Public Law 
103-465 (108 Stat. 4963).
---------------------------------------------------------------------------
                  (A) $350,000,000 for fiscal year 1996;
                  (B) $250,000,000 for fiscal year 1997;
                  (C) $500,000,000 for fiscal year 1998;
                  (D) $550,000,000 for fiscal year 1999;
                  (E) $579,000,000 for fiscal year 2000;
                  (F) $478,000,000 for fiscal year 2001; and
                  (G) $478,000,000 for each of fiscal years 
                2002 through 2007.\58\
---------------------------------------------------------------------------
    \58\ Sec. 3104(a) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 290) struck out ``fiscal year 
2002'' and inserted in lieu thereof ``each of fiscal years 2002 through 
2007''.
---------------------------------------------------------------------------
          (2) \59\ Set-asides.--(A) For each fiscal year, the 
        Corporation shall, to the extent practicable and 
        subject to subparagraph (B), ensure that no less than 
        25 percent of the total of--
---------------------------------------------------------------------------
    \59\ Sec. 709(b)(2)(B) of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3352) added para. (2).
---------------------------------------------------------------------------
                  (i) the funds expended, and
                  (ii) the value of any commodities made 
                available,
        under this section in connection with sales of 
        agricultural commodities to the independent states of 
        the former Soviet Union is used to promote the export 
        of processed and high-value United States agricultural 
        products and that the balance of the funds expended and 
        commodities made available under this section in 
        connection with such sales is used to promote the 
        export of bulk or raw United States agricultural 
        commodities.
          (B) The 25 percent requirement of subparagraph (A) 
        shall apply for a fiscal year only to the extent that 
        the percentage of the total of--
                  (i) the funds expended, and
                  (ii) the value of commodities made available,
        for that fiscal year under this section to promote the 
        export to all countries of processed and high-value 
        United States agricultural products is less than 15 
        percent.
  (f) \60\ Effect on Third Countries.--It is not the purpose of 
the program established under this section to affect adversely 
the exports of fairly traded agricultural commodities.
---------------------------------------------------------------------------
    \60\ This subsection was originally enacted as subsec. (g). Sec. 
311 of Public Law 102-237 (105 Stat. 1856) redesignated this as subsec. 
(f).
---------------------------------------------------------------------------
    (g) \61\ Consistency With International Obligations.--
Notwithstanding any other provisions of this section, the 
Commodity Credit Corporation shall administer and carry out the 
program authorized by this section in a manner consistent, as 
determined by the President, with the obligations undertaken by 
the United States set forth in the Uruguay Round Agreements.
---------------------------------------------------------------------------
    \61\ Sec. 411(a)(4)(B) of Public Law 103-465 (108 Stat. 4963) added 
subsec. (g).
---------------------------------------------------------------------------
    (h) \62\ Priority Funding for Intermediate Products.--
---------------------------------------------------------------------------
    \62\ Sec. 245(b) of Public Law 104-127 (110 Stat. 969) added 
subsec. (h).
---------------------------------------------------------------------------
          (1) In General.--Effective beginning in fiscal year 
        1996, and consistent, as determined by the Secretary, 
        with the obligations and reduction commitments 
        undertaken by the United States under the Uruguay Round 
        Agreements, the Secretary may make available not more 
        than $100,000,000 for each fiscal year under this 
        section for the sale of intermediate agricultural 
        products in sufficient quantities to attain the volume 
        of export sales consistent with the volume of 
        intermediate agricultural products exported by the 
        United States during the Uruguay Round base period 
        years of 1986 through 1990.
          (2) Additional Assistance.--Notwithstanding paragraph 
        (1), if the export sale of any intermediate 
        agricultural product attains the volume of export sales 
        consistent with the volume of the intermediate 
        agricultural product exported by the United States 
        during the Uruguay Round base period years of 1986 
        through 1990, the Secretary may make available 
        additional amounts under this section for the 
        encouragement of export sales of the intermediate 
        agricultural product.

SEC. 302.\63\ RELIEF FROM UNFAIR TRADE PRACTICES.

  (a) Use of Programs.--
---------------------------------------------------------------------------
    \63\ 7 U.S.C. 5652.
---------------------------------------------------------------------------
          (1) In general.--The Secretary may, for each article 
        described in paragraph (2), make available some or all 
        of the commercial export promotion programs of the 
        Department of Agriculture and the Commodity Credit 
        Corporation to help mitigate or offset the effects of 
        the unfair trade practice serving as the basis for the 
        proceeding described in paragraph (2).
          (2) Commodities specified.--Paragraph (1) shall apply 
        in the case of articles for which the United States has 
        instituted, under any international trade agreement, 
        any dispute settlement proceeding based on an unfair 
        trade practice if such proceeding has been prevented 
        from progressing to a decision by the refusal of the 
        party maintaining the unfair trade practice to permit 
        the proceeding to progress.
  (b) Consultations Required.--For any article described in 
subsection (a)(2), the Secretary shall--
          (1) promptly consult with representatives of the 
        industry producing such articles and other allied 
        groups or individuals regarding specific actions or the 
        development of an integrated marketing strategy 
        utilizing some or all of the commercial export programs 
        of the Department of Agriculture and the Commodity 
        Credit Corporation to help mitigate or offset the 
        effects of the unfair trade practice identified in 
        subsection (a)(2); and
          (2) ascertain and take into account the industry 
        preference for the practical use of available 
        commercial export promotion programs in implementing 
        subsection (a)(1).

SEC. 303.\64\ EQUITABLE TREATMENT OF HIGH-VALUE AND VALUE-ADDED UNITED 
                    STATES AGRICULTURAL COMMODITIES.

  In the case of any program, such as that established under 
section 301, operated by the Secretary or the Commodity Credit 
Corporation during the fiscal years 1991 through 1995, for the 
purpose of discouraging unfair trade practices, the Secretary 
shall establish as an objective to expend annually at least 25 
percent of the total funds available (or 25 percent of the 
value of any commodities employed) for program activities 
involving the export sales of high-value agricultural 
commodities and value-added products of United States 
agricultural commodities.
---------------------------------------------------------------------------
    \64\ 7 U.S.C. 5653.
---------------------------------------------------------------------------

                      TITLE IV--GENERAL PROVISIONS

                      Subtitle A--Program Controls

SEC. 401.\65\ PROGRAM CONTROLS FOR EXPORT PROGRAMS.

  (a) \66\ Arrival Certification.--With respect to a commodity 
provided, or for which financing or a credit guarantee or other 
assistance is made available, under a program authorized in 
section 201, 202, or 301, the Commodity Credit Corporation 
shall require the exporter of the commodity to maintain records 
of an official or customary commercial nature or other 
documents as the Secretary may require, and shall allow 
representatives of the Commodity Credit Corporation access to 
the records or documents as needed, to verify the arrival of 
the commodity in the country that is the intended destination 
of the commodity.
---------------------------------------------------------------------------
    \65\ 7 U.S.C. 5661.
    \66\ Sec. 246 of Public Law 104-127 (110 Stat. 969) amended and 
restated subsec. (a). It formerly read as follows:
    ``(a) Arrival Certification.--With respect to commodities or other 
assistance provided, or for which financing or credit guarantees are 
made available, under the programs authorized in sections 201, 202, and 
301, the Commodity Credit Corporation shall--
---------------------------------------------------------------------------

  ``(1) require the exporter to maintain records of an official or 
customary commercial nature or other documents as the Secretary may 
require, and have access to such documents or records as needed to verify 
the arrival of agricultural commodities exported in connection with such 
programs in the countries that were the intended destination of such 
commodities; and

  ``(2) obtain certification from the seller or exporter of record of such 
commodities, that there were no corrupt payments or extra sales services, 
or other items extraneous to the transaction provided, financed, or 
guaranteed in connection with the transaction, and that the transaction 
complied with applicable United States law.''.

  (b) Diversion.--The unauthorized diversion of commodities 
under the programs authorized in sections 201, 202, and 301 is 
prohibited. The Commodity Credit Corporation shall establish 
procedures providing for the annual audit of a sufficient 
number of export transactions under such programs to ensure 
that the agricultural commodities that were the subject of such 
transactions arrived in the country of destination as provided 
in the sales agreement.
  (c) Good Faith.--The failure of an exporter, seller or other 
person to comply with the provisions of this section shall not 
affect the validity of any credit guarantee or other obligation 
of the Commodity Credit Corporation under the programs under 
this Act with respect to any exporter, seller, or person who 
had no knowledge of such failure to comply at the time such 
exporter, seller, or person was assigned the credit guarantee 
or at the time the Corporation entered into such obligation.

SEC. 402.\67\ COMPLIANCE PROVISIONS.

  (a) Records.--
---------------------------------------------------------------------------
    \67\ 7 U.S.C. 5662.
---------------------------------------------------------------------------
          (1) In general.--In the administration of the 
        programs established under sections 201, 202, 203, and 
        301 the Secretary shall require by regulation each 
        exporter or other participant under the program to 
        maintain all records concerning a program transaction 
        for a period of not to exceed 5 years after completion 
        of the program transaction, and to permit the Secretary 
        to have full and complete access, for such 5-year 
        period, to such records.
          (2) \68\ Confidentiality.--The personally 
        identifiable information contained in reports under 
        subsection (a) may be withheld in accordance with 
        section 552(b)(4) of title 5, United States Code. Any 
        officer or employee of the Department of Agriculture 
        who knowingly discloses confidential information as 
        defined by section 1905 of title 18, United States 
        Code, shall be subject to section 1905 of title 18, 
        United States Code. Nothing in this subsection shall be 
        construed to authorize the withholding of information 
        from Congress.
---------------------------------------------------------------------------
    \68\ Sec. 247 of Public Law 104-127 (110 Stat. 969) struck out 
para. (2) and redesignated para. (3) as para. (2). Former para. (2) 
read as follows:
    ``(2) Nonprogram transactions.--The Secretary may require by 
regulation an exporter or other participant in the programs to make 
records available to the Secretary with respect to non-program 
transactions if such records would pertain directly to the review of 
program-related transactions undertaken by such exporter or 
participant, as determined by the Secretary.''.
---------------------------------------------------------------------------
  (b) Violation.--If any exporter, assignee, or other 
participant has engaged in fraud with respect to the programs 
authorized under this Act, or has otherwise violated program 
requirements under this Act, the Commodity Credit Corporation 
may--
          (1) hold such exporter, assignee, or participant 
        liable for any and all losses to the Corporation 
        resulting from such fraud or violation;
          (2) require a refund of any assistance provided to 
        such exporter, assignee, or participant plus interest, 
        as determined by the Secretary; and
          (3) collect liquidated damages from such exporter, 
        assignee, or participant in an amount determined 
        appropriate by the Secretary.
The provisions of this subsection shall be without prejudice to 
any other remedy that is available under any other provision of 
law.
  (c) Suspension and Debarment.--The Commodity Credit 
Corporation may suspend or debar for 1 or more years any 
exporter, assignee, or other participant from participation in 
one or more of the programs authorized by this Act if the 
Corporation determines, after opportunity for a hearing, that 
such exporter, assignee, or other participant has violated the 
terms and conditions of the program or of this Act and that the 
violation is of such a nature as to warrant suspension or 
debarment.
  (d) False Certifications.--The provisions of section 1001 of 
title 18, United States Code, shall apply to any false 
certifications issued under this Act.

SEC. 403.\69\ DEPARTMENTAL ADMINISTRATION SYSTEM.

  (a) In General.--With respect to each commercial export 
promotion program of the Department of Agriculture or the 
Commodity Credit Corporation, the Secretary shall--
---------------------------------------------------------------------------
    \69\ 7 U.S.C. 5663.
---------------------------------------------------------------------------
          (1) specify by regulation the criteria used to 
        evaluate and approve proposals for that program;
          (2) establish a centralized system to permit the 
        Foreign Agricultural Service to provide the history and 
        current status of any proposal;
          (3) provide for regular audits of program 
        transactions to determine compliance with program 
        objectives and requirements; and
          (4) establish criteria to evaluate loans eligible for 
        guarantees by the Commodity Credit Corporation, so as 
        to ensure that the Corporation does not assume undue 
        risk in providing such guarantees.
  (b) Accessibility of Information.--Information pertaining to 
the status of a particular proposal shall be retrievable within 
the central system by appropriate categories, as determined 
appropriate by the Secretary.

SEC. 404.\70\ REGULATIONS. * * * [REPEALED--1996]
---------------------------------------------------------------------------

    \70\ Formerly at 7 U.S.C. 5664. Sec. 248 of Public Law 104-127 (110 
Stat. 969) repealed sec. 404. It had read as follows:
    ``Not later than 180 days after November 28, 1990, the Secretary 
shall issue regulations implementing the provisions of this Act, 
including specific regulations pertaining to program compliance 
requirements under sections 401 and 402.''.
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                  Subtitle B--Miscellaneous Provisions

SEC. 411.\71\ AGRICULTURAL EMBARGO PROTECTION.

  (a) Prerequisites; Scope of Compensation.--Notwithstanding 
any other provision of law, if--
---------------------------------------------------------------------------
    \71\ 7 U.S.C. 5671.
---------------------------------------------------------------------------
          (1) the President or other member of the executive 
        branch of the Federal Government causes the export of 
        any agricultural commodity to any country or area of 
        the world to be suspended or restricted for reasons of 
        national security or foreign policy under the Export 
        Administration Act of 1979 (50 U.S.C. App. 2401 et 
        seq.) or under any other provision of law;
          (2) such suspension or restriction of the export of 
        such agricultural commodity is imposed other than in 
        connection with a suspension or restriction of all 
        exports from the United States to such country or area 
        of the world; and
          (3) sales of such agricultural commodity for export 
        from the United States to such country or area of the 
        world during the year preceding the year in which the 
        suspension or restriction is imposed exceeds 3 percent 
        of the total sales of such commodity for export from 
        the United States to all foreign countries during the 
        year preceding the year in which the suspension or 
        restriction is in effect;
the Secretary shall compensate producers of the commodity 
involved by making payments available to such producers, as 
provided in subsection (b) of this section.
  (b) Amount of Payments.--If the Secretary makes payments 
available to producers under subsection (a), the amount of such 
payment shall be determined--
          (1) in the case of an agricultural commodity for 
        which payments are authorized to be made to producers 
        under Title I of the Agricultural Act of 1949 (7 U.S.C. 
        1441 et seq.), by multiplying--
                  (A) the farm program payment yield for the 
                producer or the yield established for the farm 
                for the commodity involved; by
                  (B) the crop acreage base established for the 
                commodity; by
                  (C) the amount by which the average market 
                price per unit of such commodity received by 
                producers during the 60-day period immediately 
                following the date of the imposition of the 
                suspension or restriction is less than 100 
                percent of the parity price for such commodity, 
                as determined by the Secretary on the date of 
                the imposition of the suspension or 
                restriction; or
          (2) in the case of other agricultural commodities for 
        which price support is authorized for producers under 
        the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), 
        by multiplying the amount by which the average market 
        price per unit of such commodity received by the 
        producers during the 60-day period immediately 
        following the date of the imposition of the suspension 
        or restriction is less than 100 percent of the parity 
        price for such commodity, as determined by the 
        Secretary on the date of the imposition of the 
        suspension or restriction, by the quantity of such 
        commodity sold by the producer during the period that 
        the suspension or restriction is in effect.
  (c) Time for Payments.--Payments under paragraph (1) of 
subsection (b) shall be made for each marketing year or part 
thereof during which the suspension or restriction is in effect 
and shall be made in equal amounts at 90-day intervals, 
beginning 90 days after the date of the imposition of the 
suspension or restriction.
  (d) Commodity Credit Corporation.--The Secretary shall use 
the Commodity Credit Corporation in carrying out the provisions 
of this section.
  (e) Regulations.--The Secretary may issue such regulations as 
are determined necessary to carry out this section.

SEC. 412.\72\ DEVELOPMENT OF PLANS TO ALLEVIATE ADVERSE IMPACT OF 
                    EMBARGOES.

  To alleviate, to the maximum extent possible, the adverse 
impact on farmers, elevator operators, common carriers, and 
exporters of agricultural commodities of the President or other 
member of the executive branch of the Federal Government 
causing the export of any agricultural commodity to any country 
or area of the world to be suspended or restricted, the 
Secretary of Agriculture shall--
---------------------------------------------------------------------------
    \72\ 7 U.S.C. 5672.
---------------------------------------------------------------------------
          (1) develop a comprehensive contingency plan that 
        shall include--
                  (A) an assessment of existing farm programs 
                with a view to determining whether such 
                programs are sufficiently flexible to enable 
                the Secretary to efficiently and effectively 
                offset the adverse impact of such a suspension 
                or restriction on farmers, elevator operators, 
                common carriers, and exporters of commodities 
                provided for under such programs;
                  (B) an evaluation of the kinds and 
                availability of information needed to 
                determine, on an emergency basis, the extent 
                and severity of the impact of such a suspension 
                or restriction on producers, elevator 
                operators, common carriers, and exporters; and
                  (C) the development of criteria for 
                determining the extent, if any, to which the 
                impact of such a suspension or restriction 
                should be offset in the case of each of the 
                sectors referred to in paragraph (1)(B);
          (2) for any suspension or restriction for which 
        compensation is not provided under section 411, prepare 
        and submit to the appropriate Committees of Congress 
        such recommendations for changes in existing 
        agricultural programs, or for new programs, as the 
        Secretary considers necessary to handle effectively, 
        efficiently, economically, and fairly the impact of any 
        such suspension or restriction;
          (3) for any suspension or restriction for which 
        compensation is provided under section 411, prepare and 
        submit to the appropriate Committees of Congress a plan 
        for implementing and administering section 411; and
          (4) require the Commodity Credit Corporation, prior 
        to such Corporation purchasing any contracts for the 
        purpose of offsetting the impact of a commodity 
        suspension or restriction, to--
                  (A) prepare an economic justification for 
                each commodity involved in the suspension or 
                restriction to determine if such a purchase is 
                necessary;
                  (B) estimate any suspension- or restriction-
                related benefits and detrimental effects to the 
                exporters, and use both estimates in 
                determining the extent, if any, Federal 
                assistance is needed; and
                  (C) limit its purchases to only those types 
                and grades of commodities suspended or 
                restricted from shipment and make such 
                purchases at prices at or near the current 
                market prices.

SEC. 413.\73\ CONTRACTING AUTHORITY TO EXPAND AGRICULTURAL EXPORT 
                    MARKETS.

  (a) In General.--The Secretary may contract with individuals 
for services to be performed outside the United States as the 
Secretary determines necessary or appropriate for carrying out 
programs and activities to maintain, develop, or enhance export 
markets for United States agricultural commodities and 
products.
---------------------------------------------------------------------------
    \73\ 7 U.S.C. 5673.
---------------------------------------------------------------------------
  (b) Not Employees of the United States.--Individuals referred 
to in subsection (a) shall not be regarded as officers or 
employees of the United States.

SEC. 414.\74\ TRADE CONSULTATIONS CONCERNING IMPORTS.

  (a) Consultation Between Agencies.--The Secretary shall 
require consultation between the Administrator of the Service 
and the heads of other appropriate agencies and offices of the 
Department of Agriculture, including the Administrator of the 
Animal and Plant Health Inspection Service, prior to relaxing 
or removing any restriction on the importation of any 
agricultural commodity into the United States.
---------------------------------------------------------------------------
    \74\ 7 U.S.C. 5674.
---------------------------------------------------------------------------
  (b) Consultation With Trade Representative.--The Secretary 
shall consult with the United States Trade Representative prior 
to relaxing or removing any restriction on the importation of 
any agricultural commodity or a product thereof into the United 
States.
    (c) \75\ Monitoring Compliance With Sanitary and 
Phytosanitary Measures.--The Secretary shall monitor the 
compliance of World Trade Organization member countries with 
the sanitary and phytosanitary measures of the Agreement on 
Agriculture of the Uruguay Round of Multilateral Trade 
Negotiations of the General Agreement on Tariffs and Trade. If 
the Secretary has reason to believe that any country may have 
failed to meet the commitment on sanitary and phytosanitary 
measures under the Agreement in a manner that adversely impacts 
the exports of a United States agricultural commodity, the 
Secretary shall--
---------------------------------------------------------------------------
    \75\ Sec. 242(b) of Public Law 104-127 (110 Stat. 965) added 
subsec. (c).
---------------------------------------------------------------------------
          (1) provide such information to the United States 
        Trade Representative of the circumstances surrounding 
        the matter arising under this subsection; and
          (2) with respect to any such circumstances that the 
        Secretary considers to have a continuing adverse effect 
        on United States agricultural exports, report to the 
        Committee on Agriculture, and the Committee on Ways and 
        Means, of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry, and 
        the Committee on Finance, of the Senate--
                  (A) that a country may have failed to meet 
                the sanitary and phytosanitary commitments; and
                  (B) any notice given by the Secretary to the 
                United States Trade Representative.

SEC. 415.\76\ TECHNICAL ASSISTANCE IN TRADE NEGOTIATIONS.

  The Secretary shall provide technical services to the United 
States Trade Representative on matters pertaining to 
agricultural trade and with respect to international 
negotiations on issues related to agricultural trade.
---------------------------------------------------------------------------
    \76\ 7 U.S.C. 5675.
---------------------------------------------------------------------------

SEC. 416.\77\ LIMITATION ON USE OF CERTAIN EXPORT PROMOTION PROGRAMS.

  (a) In General.--The Secretary may provide that a person 
shall be ineligible for participation in an export program 
established under title I of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in any 
other export credit, credit guarantee, bonus, or other export 
program carried out through, or administered by, the Commodity 
Credit Corporation or carried out with funds made available 
pursuant to section 32 of the Act entitled ``An Act to amend 
the Agricultural Adjustment Act, and for other purposes'', 
approved August 24, 1935 (7 U.S.C. 612c) with respect to the 
export of any agricultural commodity or product that has been 
or will be used as the basis for a claim of a refund, as 
drawback, pursuant to section 313(j)(2) of the Tariff Act of 
1930 (19 U.S.C. 1313(j)(2)), of any duty, tax, or fee imposed 
under Federal law on an imported commodity or product.
---------------------------------------------------------------------------
    \77\ 7 U.S.C. 5676.
---------------------------------------------------------------------------
  (b) Vegetable Oil.--A person shall be ineligible for 
participation in any of the export programs referred to in 
subsection (a) with respect to the export of vegetable oil or a 
vegetable oil product that has been or will be used as the 
basis for a claim of a refund, as a drawback, pursuant to 
section 313 of the Tariff Act of 1930, of any duty, tax, or fee 
imposed under Federal law on an imported commodity or product.
  (c) Certification.--If the Secretary takes action under the 
authority granted under subsection (a), a person applying to 
export any agricultural commodity under the export programs 
referred to in subsection (a) shall certify that none of the 
commodity has been or will be used as the basis of a claim for 
any refund specified in subsection (a), except that regardless 
of whether the Secretary takes action under the authority 
granted under subsection (a), a person applying to export any 
vegetable oil or vegetable oil product under such programs 
shall certify that none of the vegetable oil or vegetable oil 
product has been or will be used as the basis of a claim for 
any refund specified in subsection (b).
  (d) Regulations.--The Secretary shall promulgate regulations 
to carry out this section.
  (e) Applicability.--This section shall not apply to 
quantities of agricultural commodities and products with 
respect to which an exporter has entered into a contract, prior 
to November 28, 1990,\78\ for an export sale.
---------------------------------------------------------------------------
    \78\ Sec. 313 of Public Law 102-237 (105 Stat. 1856) struck out 
``the effective date of this section'' and inserted in lieu thereof 
``November 28, 1990''.
---------------------------------------------------------------------------

SEC. 417.\79\ TRADE COMPENSATION AND ASSISTANCE PROGRAMS.

    (a) In General.--Except as provided in subsection (f), 
notwithstanding any other provision of law, if, after the date 
of enactment of this section, the President or any other member 
of the executive branch causes exports from the United States 
to any country to be unilaterally suspended for reasons of 
national security or foreign policy, and if within 90 days 
after the date on which the suspension is imposed on United 
States exports no other country with an agricultural economic 
interest agrees to participate in the suspension, the Secretary 
shall carry out a trade compensation assistance program in 
accordance with this section (referred to in this section as a 
``program'').
---------------------------------------------------------------------------
    \79\ 7 U.S.C. 5677. Added by sec. 249 of Public Law 104-127 (110 
Stat. 969).
---------------------------------------------------------------------------
    (b) Compensation or Provision of Funds.--Under a program, 
the Secretary shall, based on an evaluation by the Secretary of 
the method most likely to produce the greatest compensatory 
benefit for producers of the commodity involved in the 
suspension--
          (1) compensate producers of the commodity by making 
        payments available to producers, as provided by 
        subsection (c)(1); or
          (2) make available an amount of funds calculated 
        under subsection (c)(2), to promote agricultural 
        exports or provide agricultural commodities to 
        developing countries under any authorities available to 
        the Secretary.
    (c) Determination of Amount of Compensation or Funds.--
          (1) Compensation.--If the Secretary makes payments 
        available to producers under subsection (b)(1), the 
        amount of the payment shall be determined by the 
        Secretary based on the Secretary's estimate of the loss 
        suffered by producers of the commodity involved due to 
        any decrease in the price of the commodity as a result 
        of the suspension.
          (2) Determination of amount of funds.--For each 
        fiscal year of a program, the amount of funds made 
        available under subsection (b)(2) shall be equal to 90 
        percent of the average annual value of United States 
        agricultural exports to the country with respect to 
        which exports are suspended during the most recent 3 
        years prior to the suspension for which data are 
        available.
    (d) Duration of Program.--For each suspension of exports 
for which a program is implemented under this section, funds 
shall be made available under subsection (b) for each fiscal 
year or part of a fiscal year for which the suspension is in 
effect, but not to exceed 3 fiscal years.
    (e) Commodity Credit Corporation.--The Secretary shall use 
funds of the Commodity Credit Corporation to carry out this 
section.
    (f) Exception to Carrying Out a Program.--This section 
shall not apply to any suspension of trade due to a war or 
armed hostility.
    (g) Partial Year Embargoes.--If the Secretary makes funds 
available under subsection (b)(2), regardless of whether an 
embargo is in effect for only part of a fiscal year, the full 
amount of funds as calculated under subsection (c)(2) shall be 
made available under a program for the fiscal year. If the 
Secretary determines that making the required amount of funds 
available in a partial fiscal year is impracticable, the 
Secretary may make all or part of the funds required to be made 
available in the following fiscal year (in addition to any 
funds otherwise required under a program to be made available 
in the following fiscal year).
    (h) Short Supply Embargoes.--If the President or any other 
member of the executive branch causes exports to be suspended 
based on a determination of short supply, the Secretary shall 
carry out section 1002 of the Food and Agriculture Act of 1977 
(7 U.S.C. 1310).

                 TITLE V--FOREIGN AGRICULTURAL SERVICE

SEC. 501.\80\ UNDER SECRETARY FOR INTERNATIONAL AFFAIRS AND COMMODITY 
                    PROGRAMS. * * * [REPEALED--1994]

SEC. 502.\81\ ADMINISTRATOR OF THE FOREIGN AGRICULTURAL SERVICE.

  (a) Establishment.--There is hereby established in the 
Department of Agriculture the position of Administrator of the 
Foreign Agricultural Service.
---------------------------------------------------------------------------
    \80\ Formerly at 7 U.S.C. 5691. Sec. 225 of the Department of 
Agriculture Reorganization Act of 1994 (title II of Public Law 103-354; 
108 Stat. 3213) authorized the Secretary of Agriculture to establish a 
position of Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services, and repealed this section. See 7 U.S.C. 6931.
    \81\ 7 U.S.C. 5692.
---------------------------------------------------------------------------
  (b) Duties.--The Administrator of the Foreign Agricultural 
Service is authorized to exercise such functions and perform 
such duties related to foreign agriculture, and shall perform 
such other duties, as may be required by law or prescribed by 
the Secretary of Agriculture.
  (c) Use of Service.--In carrying out the duties under this 
section, the Administrator shall oversee the operations of the 
Foreign Agricultural Service, the General Sales Manager, and 
the Agricultural Attache Service.

SEC. 503.\82\ DUTIES OF THE FOREIGN AGRICULTURAL SERVICE.

    The Service shall assist the Secretary in carrying out the 
agricultural trade policy and international cooperation policy 
of the United States by--
---------------------------------------------------------------------------
    \82\ 7 U.S.C. 5693. Sec. 250 of Public Law 104-127 (110 Stat. 971) 
amended and restated sec. 503. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 503. establishment of the foreign agricultural service.
---------------------------------------------------------------------------

    ``The Service shall assist the Secretary in carrying out the 
agricultural trade policy of the United States by acquiring information 
pertaining to agricultural trade, carrying out market promotion and 
development activities, and implementing the programs authorized in 
this Act, the Agricultural Trade Development and Assistance Act of 
1954, and other Acts.''.
---------------------------------------------------------------------------
          (1) acquiring information pertaining to agricultural 
        trade;
          (2) carrying out market promotion and development 
        activities;
          (3) providing agricultural technical assistance and 
        training; and
          (4) carrying out the programs authorized under this 
        Act, the Agricultural Trade Development and Assistance 
        Act of 1954 (7 U.S.C. 1691 et seq.), and other Acts.

SEC. 504.\83\ STAFF OF THE FOREIGN AGRICULTURAL SERVICE.

  (a) Personnel of the Service.--To ensure that the 
agricultural export programs of the United States are carried 
out in an effective manner, the authorized number of personnel 
for the Service shall not be less than 900 staff years each 
fiscal year.
---------------------------------------------------------------------------
    \83\ 7 U.S.C. 5694.
---------------------------------------------------------------------------
  (b) Rank of Foreign Agricultural Service Officers in Foreign 
Missions.--Notwithstanding any other provision of law, the 
Secretary of State shall, on the request of the Secretary of 
Agriculture, accord the diplomatic title of Minister-Counselor 
to the senior Service officer assigned to any United States 
mission abroad. The number of Service officers holding such 
diplomatic title at any time may not exceed twelve.

SEC. 505.\84\ AUTHORIZATION OF APPROPRIATIONS.

  There are hereby authorized to be appropriated for the 
Service such sums as may be necessary to carry out the 
provisions of this title.
---------------------------------------------------------------------------
    \84\ 7 U.S.C. 5695. Originally enacted as sec. 506, sec. 314 of 
Public Law 102-237 (105 Stat. 1856) redesignated this section as 505.
---------------------------------------------------------------------------

                           TITLE VI--REPORTS

SEC. 601.\85\ * * * [REPEALED--1996]

SEC. 602.\86\ EXPORT REPORTING AND CONTRACT SANCTITY.

  (a) Export Sales Reports.--
---------------------------------------------------------------------------
    \85\ Formerly at 7 U.S.C. 5711. Sec. 601, which had required the 
Secretary of Agriculture periodically to prepare a long-term 
agricultural trade strategy report, was repealed by sec. 2451(c)(1) of 
Public Law 104-127 (110 Stat. 964).
    \86\ 7 U.S.C. 5712.
---------------------------------------------------------------------------
          (1) In general.--All exporters of wheat and wheat 
        flour, feed grains, oil seeds, cotton, beef,\87\ and 
        products thereof, and other commodities that the 
        Secretary may designate produced \88\ in the United 
        States shall report to the Secretary of Agriculture, on 
        a weekly basis, the following information regarding any 
        contract for export sales entered into or subsequently 
        modified in any manner during the reporting period:
---------------------------------------------------------------------------
    \87\ Sec. 921 of Public Law 106-78 (113 Stat. 1206) inserted ``, 
beef,'' after ``cotton''.
    \88\ Sec. 327 of Public Law 102-237 (105 Stat. 1858) struck out 
``designate as produced'' and inserted in lieu thereof ``designate 
produced''.
---------------------------------------------------------------------------
                  (A) type, class, and quantity of the 
                commodity sought to be exported;
                  (B) the marketing year of shipment; and
                  (C) destination, if known.
          (2) Confidentiality and compilation of reports.--
        Individual reports shall remain confidential \89\ but 
        shall be compiled by the Secretary and published in 
        compilation form each week following the week of 
        reporting.
---------------------------------------------------------------------------
    \89\ Sec. 327(2) of Public Law 102-237 (105 Stat. 1858) struck out 
``in accordance with subsection (c)'' following ``confidential''.
---------------------------------------------------------------------------
          (3) Immediate reporting.--All exporters of 
        agricultural commodities produced in the United States 
        shall, upon request of the Secretary, immediately 
        report to the Secretary any information with respect to 
        export sales of agricultural commodities and at such 
        times as the Secretary may request. When the Secretary 
        requires that such information be reported by exporters 
        on a daily basis, the information compiled from 
        individual reports shall be made available to the 
        public daily.
          (4) Monthly reporting permitted.--The Secretary may, 
        with respect to any commodity or type or class thereof 
        during any period in which the Secretary determines 
        that--
                  (A) there is a domestic supply of such 
                commodity substantially in excess of the 
                quantity needed to meet domestic requirements,
                  (B) total supplies of such commodity in the 
                exporting countries are estimated to be in 
                surplus,
                  (C) anticipated exports will not result in 
                excessive drain on domestic supplies, and
                  (D) to require the reports to be made will 
                unduly hamper export sales,
        provide for such reports by exporters and publishing of 
        such data to be on a monthly basis rather than on a 
        weekly basis.
  (b) Failure to Report.--Any person who knowingly fails to 
make any report required under this section shall be fined not 
more than $25,000 or imprisoned for not more than 1 year, or 
both.
  (c) Contract Sanctity.--Notwithstanding any other provision 
of law, the President shall not prohibit or curtail the export 
of any agricultural commodity under an export sales contract--
          (1) that is entered into before the President 
        announces an action that would otherwise prohibit or 
        curtail the export of the commodity, and
          (2) the terms of which require delivery of the 
        commodity within 270 days after the date of the 
        suspension of trade is imposed,
except that the President may prohibit or curtail the export of 
any agricultural commodity during a period for which the 
President has declared a national emergency or for which the 
Congress has declared war.

SEC. 603.\90\ OTHER REPORTS TO CONGRESS.

  Subject to section 217 of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6917), the \91\ Secretary 
shall, on a quarterly basis, prepare and submit to the 
Committee on Agriculture and the Committee on Foreign Affairs 
\92\ of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report 
specifying the cumulative amount of export assistance provided 
by the Commodity Credit Corporation and the Secretary under the 
programs provided under this Act, the Commodity Credit 
Corporation Charter Act, and under the Agricultural Trade 
Development and Assistance Act of 1954 during the current 
fiscal year. Such information may be provided in individual 
reports, or in a consolidated report.\93\
---------------------------------------------------------------------------
    \90\ 7 U.S.C. 5713.
    \91\ Sec. 251 of Public Law 104-127 (110 Stat. 971) struck out 
``The'' and inserted in lieu thereof ``Subject to section 217 of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6917), 
the''.
    \92\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \93\ Sec. 241(c)(2) of Public Law 104-127 (110 Stat. 964) struck 
out ``in a consolidated report, or in the Long-Term Agricultural Trade 
Strategy Report (and annual updates to such report) prepared under 
section 601'', and inserted in lieu thereof ``, or in a consolidated 
report''.
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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\ * * *
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    \1\ Sec. 203 amended sec. 110(b) of the Agricultural Act of 1949 (7 
U.S.C. 1445e).
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          * * * * * * *

    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--
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    \2\ 15 U.S.C. 714c note.
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          (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\ * * *
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    \3\ Sec. 207 added a new sec. 113 to the Agricultural Act of 1949 
(7 U.S.C. 1445h).
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                       trade suspension reserves

    Sec. 208.\4\ Notwithstanding any other provision of law--
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    \4\ 7 U.S.C. 4001.
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    (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.
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    \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.
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    (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''.
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    \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--
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    \8\ 7 U.S.C. 4002.
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          (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.
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    \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\
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    \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).
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                  (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\
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    \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''.
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                  (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--
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    \9\ Sec. 212(a)(1)(C) of Public Law 105-385 (112 Stat. 3466) 
amended and restated subpara. (B).
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                          (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\
---------------------------------------------------------------------------
    \17\ Sec. 3202 of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 300) struck out ``2002'' and 
inserted in lieu thereof ``2007''.
---------------------------------------------------------------------------
          (2) Disposal of eligible commodities.--Eligible 
        commodities remaining in the trust \4\ after September 
        30, 2007,\17\ shall be disposed of by release for use 
        in providing for emergency humanitarian food needs in 
        developing countries as provided in this section.
                     c. Food Security Wheat Reserve

Executive Order 12266, January 15, 1981, 46 F.R. 4667, 7 U.S.C. 1736f-1 
                                  note

    By the authority vested in me as President of the United 
States of America by Section 302(a) of the Food Security Wheat 
Reserve Act of 1980 (Title III of the Agricultural Act of 1980 
(Public Law 96-494)),\1\ it is hereby ordered as follows:
---------------------------------------------------------------------------
    \1\ Amended and restated. See Bill Emerson Humanitarian Trust Act, 
page 1539.
---------------------------------------------------------------------------
    1-101. There is hereby established a Food Security Wheat 
Reserve composed of a reserve stock of wheat, which shall not 
exceed four million metric tons.
    1-102. The Secretary of Agriculture is responsible for 
designating, in accordance with Section 302 of the Food 
Security Wheat Reserve Act of 1980, the specific reserve stocks 
of wheat which shall comprise the Food Security Wheat Reserve.
 4. National Agricultural Research, Extension, and Teaching Policy Act 
                                of 1977

Partial text of Public Law 95-113 [Food and Agriculture Act of 1977; S. 
  275], 91 Stat. 913 at 981, approved September 29, 1977; amended by 
 Public Law 97-98 [Agriculture and Food Act of 1981; S. 884], 95 Stat. 
1213, approved December 22, 1981; Public Law 99-198 [Food Security Act 
of 1985; H.R. 2100], 99 Stat. 1354, approved December 23, 1985; Public 
Law 101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S. 
 2830], 104 Stat. 3359, approved November 28, 1990; Public Law 102-237 
  [Food, Agriculture, Conservation, and Trade Act Amendments of 1991; 
H.R. 3029], 105 Stat. 1818, approved December 13, 1991; Public Law 104-
   127 [Federal Agriculture Improvement and Reform Act of 1996; H.R. 
   2854], 110 Stat. 888, approved April 4, 1996; Public Law 105-185 
[Agricultural Research, Extension, and Education Reform Act of 1998; S. 
1150], 112 Stat. 523, approved June 23, 1998; and by Public Law 107-171 
[Farm Security and Rural Investment Act of 2002; H.R. 2646], 116 Stat. 
                       134, approved May 13, 2002

          * * * * * * *

  TITLE XIV--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING 
                           POLICY ACT OF 1977

                              short title

    Sec. 1401.\1\ This title may be cited as the ``National 
Agricultural Research, Extension, and Teaching Policy Act of 
1977''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 3101 note.
---------------------------------------------------------------------------
          * * * * * * *
---------------------------------------------------------------------------
    \2\ Sec. 1613(d)(1)(A) of Public Law 101-624 (104 Stat. 3726) and 
sec. 227(e) of Public Law 105-185 (112 Stat. 545) amended and restated 
the subtitle heading. It originally read ``International Agricultural 
Research and Extension''.
    \3\ 7 U.S.C. 3291. Sec. 1436 of Public Law 97-98 (95 Stat. 1313) 
amended and restated sec. 1458.
    \4\ Sec. 227(a)(1) of Public Law 105-185 (112 Stat. 543) struck out 
``research and extension'' and inserted in lieu thereof ``research, 
extension, and teaching''. Previously, sec. 1613(d)(1)(A) of Public Law 
101-624 (104 Stat. 3726) added the section catchline.
---------------------------------------------------------------------------

    Subtitle I--International Research, Extension, and Training \2\

SEC. 1458.\3\ INTERATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND 
                    TEACHING \4\

    (a) \5\ Authority of the Secretary.--To carry out the 
policy of this subtitle, the Secretary (in consultation with 
the Agency for International Development and subject to such 
coordination with other Federal officials, Departments, and 
agencies as the President may direct) may--
---------------------------------------------------------------------------
    \5\ Sec. 1613(a) of Public Law 101-624 (104 Stat. 3726) amended and 
restated subsec. (a).
---------------------------------------------------------------------------
          (1) expand the operational coordination of the 
        Department of Agriculture with institutions and other 
        persons throughout the world performing agricultural 
        and related research, extension, and teaching \6\ 
        activities by--
---------------------------------------------------------------------------
    \6\ Sec. 227(a)(2)(A)(i) of Public Law 105-185 (112 Stat. 544) 
struck out ``related research and extension'' and inserted in lieu 
thereof ``related research, extension, and teaching''.
---------------------------------------------------------------------------
                  (A) exchanging research materials and results 
                with the institutions or persons; and
                  (B) conducting with the institutions or 
                persons joint or coordinated research, 
                extension, and teaching activities that address 
                \7\ problems of significance to food and 
                agriculture in the United States;
---------------------------------------------------------------------------
    \7\ Sec. 227(a)(2)(A)(ii) of Public Law 105-185 (112 Stat. 544) 
struck out ``research and extension on'' and inserted in lieu thereof 
``research, extension, and teaching activities that address''.
---------------------------------------------------------------------------
          (2) enter into cooperative arrangements with 
        Departments and Ministries of Agriculture in other 
        nations to conduct research, extension, and teaching 
        \8\ activities in support of the development of a 
        viable and sustainable global agricultural system, 
        including efforts to establish a global system for 
        plant genetic resources conservation;
---------------------------------------------------------------------------
    \8\ Sec. 227(a)(2)(B) of Public Law 105-185 (112 Stat. 544) struck 
out ``education'' and inserted in lieu thereof ``teaching''.
---------------------------------------------------------------------------
          (3) enter into agreements with land-grant colleges 
        and universities, the Agency for International 
        Development, and international organizations (such as 
        the United Nations, World Bank, regional development 
        banks, the International Agricultural Research Center), 
        or other organizations, institutions or individuals 
        with comparable goals, to promote and support the 
        development of a viable and sustainable global 
        agricultural system; \9\
---------------------------------------------------------------------------
    \9\ Sec. 402(11) of Public Law 102-237 (105 Stat. 1863) struck out 
a period at the end of para. (3) and inserted in lieu thereof a 
semicolon.
---------------------------------------------------------------------------
          (4) further develop within the Department highly 
        qualified and experienced scientists and education 
        experts \10\ who specialize in international programs, 
        to be available to carry out the activities described 
        in this section;
---------------------------------------------------------------------------
    \10\ Sec. 227(a)(2)(C) of Public Law 105-185 (112 Stat. 544) struck 
out ``scientists and experts'' and inserted in lieu thereof 
``scientists and education experts''.
---------------------------------------------------------------------------
          (5) work with transitional and more advanced 
        countries in food, agricultural, and related research, 
        development, teaching,\11\ and extension (including 
        providing technical assistance, training, and advice to 
        persons from the countries engaged in the activities 
        and the stationing of scientists and other specialists 
        at national and international institutions in the 
        countries);
---------------------------------------------------------------------------
    \11\ Sec. 227(a)(2)(D) of Public Law 105-185 (112 Stat. 544) 
inserted ``teaching,'' after ``development,''.
---------------------------------------------------------------------------
          (6) expand collaboration and coordination with the 
        Agency for International Development regarding food and 
        agricultural research, extension, and teaching \12\ 
        programs in developing countries;
---------------------------------------------------------------------------
    \12\ Sec. 227(a)(2)(B) of Public Law 105-185 (112 Stat. 544) struck 
out ``education'' and inserted in lieu thereof ``teaching''.
---------------------------------------------------------------------------
          (7) assist colleges and universities in strengthening 
        their capabilities for food, agricultural, and related 
        research, extension, and teaching programs \13\ 
        relevant to agricultural development activities in 
        other countries through--
---------------------------------------------------------------------------
    \13\ Sec. 227(a)(2)(E) of Public Law 105-185 (112 Stat. 544) struck 
out ``research and extension that is'' and inserted in lieu thereof 
``research, extension, and teaching programs''.
---------------------------------------------------------------------------
                  (A) the provision of support to State 
                universities and land-grant colleges and 
                universities to do collaborative research with 
                other countries on issues relevant to United 
                States agricultural competitiveness;
                  (B) the provision of support for cooperative 
                extension education in global agriculture and 
                to promote the application of new technology 
                developed in foreign countries to United States 
                agriculture; and
                  (C) the provision of support for the 
                internationalization of resident instruction 
                programs of the universities and colleges 
                described in subparagraph (A); \14\
---------------------------------------------------------------------------
    \14\ Sec. 227(b) of Public Law 105-185 (112 Stat. 544) struck out 
``and'' at the end of para. (7); replaced the period at the end of 
para. (8) with a semicolon; and added para. (9).
---------------------------------------------------------------------------
          (8) continue,\15\ in cooperation with the Secretary 
        of State, a program, coordinated \15\ through the 
        International Arid Land Consortium, to enhance 
        collaboration and cooperation between institutions 
        possessing research, extension, and teaching 
        capabilities \16\ applied to the development, 
        management, and reclamation of arid lands; \17\
---------------------------------------------------------------------------
    \15\ Sec. 816 of Public Law 104-127 (110 Stat. 1167) struck out 
``establish'' and inserted in lieu thereof ``continue'', and struck out 
``to be'' before ``coordinated'' in sec. 1458(a) of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977.
    \16\ Sec. 227(a)(2)(F) of Public Law 105-185 (112 Stat. 544) struck 
out ``research capabilities'' and inserted in lieu thereof ``research, 
extension, and teaching capabilities''.
    \17\ Sec. 7209(c) of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 445) struck out ``and'' at the end 
of para. (8), replaced a period at the end of para. (9) with ``; and'', 
and added para. (10).
---------------------------------------------------------------------------
          (9) \14\ make competitive grants for collaborative 
        projects that--
                  (A) involve Federal scientists or scientists 
                from landgrant colleges and universities or 
                other colleges and universities with scientists 
                at international agricultural research centers 
                in other nations, including the international 
                agricultural research centers of the 
                Consultative Group on International Agriculture 
                Research;
                  (B) focus on developing and using new 
                technologies and programs for--
                          (i) increasing the production of food 
                        and fiber, while safeguarding the 
                        environmental worldwide and enhancing 
                        the global competitiveness of United 
                        States agriculture; or
                          (ii) training scientists;
                  (C) are mutually beneficial to the United 
                States and other countries; and
                  (D) encourage private sector involvement and 
                the leveraging of private sector funds; and
          (10) \17\ establish a program, to be coordinated by 
        the Cooperative State Research, Education, and 
        Extension Service and the Foreign Agricultural Service, 
        to place interns from United States colleges and 
        universities at Foreign Agricultural Service field 
        offices overseas.
    (b) \18\ Enhancing linkages.--The Secretary shall draw upon 
and enhance the resources of the land-grant colleges and 
universities, and other colleges and universities, or 
developing linkages among these institutions, the Federal 
government, international research centers, and counterpart 
research, extension, and teaching agencies \19\ and 
institutions in both the development and less-developed 
countries to serve the purposes of agriculture and the economy 
of the United States and to make a substantial contribution to 
the cause of improved food and agricultural progress throughout 
the world.
---------------------------------------------------------------------------
    \18\ Subsec. (b) was added by sec. 1436 of Public Law 97-98 (95 
Stat. 1313). Sec. 1613(d)(1)(B) of Public Law 101-624 (104 Stat. 3726) 
added ``Enhancing linkages.--''.
    \19\ Sec. 227(a)(3) of Public Law 105-185 (112 Stat. 544) struck 
out ``counterpart agencies'' and inserted in lieu thereof ``counterpart 
research, extension, and teaching agencies''.
---------------------------------------------------------------------------
    (c) \20\ Provision of Specialized or Technical Services.--
The Secretary may provide specialized or technical services, on 
an advance of funds or a reimbursable basis, to United states 
colleges and universities and other governmental organizations 
\21\ carrying out international food, agricultural, and related 
research, extension, and teaching development projects and 
activities. All funds received in payment for furnishing such 
specialized or technical services shall be deposited to the 
credit of the appropriation from which the cost of providing 
such services has been paid or is to be charged.
---------------------------------------------------------------------------
    \20\ Added by sec. 1436 of Public Law 97-98 (95 Stat. 1313). the 
subsec. catchline was added by sec. 1613(d)(1)(C) of Public Law 101-624 
(104 Stat. 3724).
    \21\ Sec. 1613(b) of Public Law 101-624 (104 Stat. 3724) added 
``and other governmental organizations'' after ``universities''.
---------------------------------------------------------------------------
    (d) \22\ Reports.--The Secretary shall provide biennial 
reports to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate on efforts of the Federal 
Government--
---------------------------------------------------------------------------
    \22\ Sec. 227(c) of Public Law 105-185 (112 Stat. 544) added 
subsec. (d).
---------------------------------------------------------------------------
          (1) to coordinate international agricultural research 
        within the Federal Government; and
          (2) to more effectively link the activities of 
        domestic and international agricultural researchers, 
        particularly researchers of the Agricultural Research 
        Service.
    (e) \23\ Full Payment of Funds Made Available for Certain 
Binational Projects.--Notwithstanding any other provision of 
law, the full amount of any funds appropriated or otherwise 
made available to carry out cooperative projects under the 
arrangement entered into between the Secretary and the 
Government of Israel to support the Israel-United States 
Binational Agricultural Research and Development Fund shall be 
paid directly to the Fund.
---------------------------------------------------------------------------
    \23\ Sec. 227(d) of Public Law 105-185 (112 Stat. 544) added 
subsec. (e).
---------------------------------------------------------------------------

SEC. 1458A.\24\ * * * [REPEALED--1996]
---------------------------------------------------------------------------

    \24\ Formerly at 7 U.S.C. 3292. Pertaining to grants to states for 
international trade development centers; repealed by sec. 856 of Public 
Law 104-127 (110 Stat. 1172).
---------------------------------------------------------------------------

SEC. 1459.\25\ UNITED STATES-MEXICO JOINT AGRICULTURAL RESEARCH.

    (a) Research and Development Program.--The Secretary may 
provide for an agricultural research and development program 
with the United States/Mexico Foundation for Science. The 
program shall focus on binational problems facing agricultural 
producers and consumers in the 2 countries, in particular 
pressing problems in the areas of food safety, plant and animal 
pest control, and the natural resources base on which 
agriculture depends.
---------------------------------------------------------------------------
    \25\ 7 U.S.C. 3292a. Added by sec. 228 of Public Law 105-185 (112 
Stat. 545).
---------------------------------------------------------------------------
    (b) Administration.--Grants under the research and 
development program shall be awarded competitively through the 
Foundation.
    (c) Matching Requirements.--The provision of funds to the 
Foundation by the United States Government shall be subject to 
the condition that the Government of Mexico match, on at least 
a dollar-for-dollar basis, any funds provided by the United 
States Government.
    (d) Limitation on Use of Funds.--Funds provided under this 
section may not be used for the planning, repair, 
rehabilitation, acquisition, or construction of a building or 
facility.

SEC. 1459A.\26\ COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL 
                    SCIENCE AND EDUCATION PROGRAMS.

    (a) Competitive Grants Authorized.--The Secretary may make 
competitive grants to colleges and universities in order to 
strengthen United States economic competitiveness and to 
promote international market development.
---------------------------------------------------------------------------
    \26\ 7 USC 3292b. Added by sec. 229 of Public Law 105-185 (112 
Stat. 545).
---------------------------------------------------------------------------
    (b) Purpose of Grants.--Grants under this section shall be 
directed to agricultural research, extension, and teaching 
activities that will--
          (1) enhance the international content of the 
        curricula in colleges and universities so as to ensure 
        that United States students acquire an understanding of 
        the international dimensions and trade implications of 
        their studies;
          (2) ensure that United States scientists, extension 
        agents, and educators involved in agricultural research 
        and development activities outside of the United States 
        have the opportunity to convey the implications of 
        their activities and findings to their peers and 
        students in the United States and to the users of 
        agricultural research, extension, and teaching;
          (3) enhance the capabilities of colleges and 
        universities to do collaborative research with other 
        countries, in cooperation with other Federal agencies, 
        on issues relevant to United States agricultural 
        competitiveness;
          (4) enhance the capabilities of colleges and 
        universities to provide cooperative extension education 
        to promote the application of new technology developed 
        in foreign countries to United States agriculture; and
          (5) enhance the capability of United States colleges 
        and universities, in cooperation with other Federal 
        agencies, to provide leadership and educational 
        programs that will assist United States natural 
        resources and food production, processing, and 
        distribution businesses and industries to compete 
        internationally, including product market 
        identification, international policies limiting or 
        enhancing market production, development of new or 
        enhancement of existing markets, and production 
        efficiencies.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 1999 through 2007.\27\
---------------------------------------------------------------------------
    \27\ Sec. 7112 of the Farm Security and Rural Investment Act of 
2002 (Public Law 107-171; 116 Stat. 445) struck out ``2002'' and 
inserted in lieu thereof ``2007''.
                  5. Agriculture and Food Act of 1981

 Partial text of Public Law 97-98 [S. 884], 95 Stat. 1213 at 1274; as 
  amended by Public Law 98-412 [Agricultural Trade and Export Policy 
  Commission Act, H.J. Res. 600], 98 Stat. 1576, approved August 30, 
1984; Public Law 99-198 [Food for Progress Act of 1985, H.R. 2100], 99 
   Stat. 1354, approved December 23, 1985; Public Law 101-624 [Food, 
 Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 
     3359, approved November 28, 1990; Public Law 104-127 [Federal 
 Agriculture Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 
                      888, approved April 4, 1996

   AN ACT To provide price and income protection for farmers, assure 
consumers an abundance of food and fiber at reasonable prices, continue 
   food assistance to low-income households, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Agriculture and Food Act of 1981''.
          * * * * * * *

           TITLE XII--AGRICULTURAL EXPORTS AND PUBLIC LAW 480

                 Subtitle A--General Export Provisions

               agricultural export credit revolving fund

    Sec. 1201.\1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 1201 amended sec. 4 of the Food for Peace Act of 1966 
(Public Law 89-808) by adding a new subsec. (d) which established the 
Agricultural Export Credit Revolving Fund.
---------------------------------------------------------------------------

  congressional consultation on bilateral commodity supply agreements

    Sec. 1202.\2\ As soon as practicable before the Government 
of the United States enters into any bilateral international 
agreement, other than a treaty, involving a commitment on the 
part of the United States to assure access by a foreign country 
or instrumentality thereof to United States agricultural 
commodities or products thereof on a commercial basis, the 
President is encouraged to notify and consult with the 
appropriate committees of Congress for the purpose of setting 
forth in detail the terms of and reasons for negotiating such 
agreement.
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 1736h.
---------------------------------------------------------------------------

                 special standby export subsidy program

    Sec. 1203.\3\ * * * [Repealed--1990]
---------------------------------------------------------------------------
    \3\ Secs. 1203, 1204, and 1205 (7 U.S.C. 1736i, 1736j, 1736k) were 
repealed by sec. 1573 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (Public Law 101-624; 104 Stat. 3702).
---------------------------------------------------------------------------

                    agricultural embargo protection

    Sec. 1204.\3\ * * * [Repealed--1990]

development of plans to alleviate adverse impact of export embargoes on 
                        agricultural commodities

    Sec. 1205.\3\ * * * [Repealed--1990]

                    consultation on grain marketing

    Sec. 1206.\4\ Congress encourages the Secretary of 
Agriculture, in coordination with other appropriate Federal 
departments and agencies, to continue to consult with 
representatives of other major grain exporting nations toward 
the goal of establishing more orderly marketing of grain and 
achieving higher farm income for producers of grain.
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 1736l.
---------------------------------------------------------------------------
    Sec. 1207.\5\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \5\ Formerly at 7 U.S.C. 1736m. Sec. 1207, expressing sense of the 
Congress regarding the expansion of international markets for U.S. 
agricultural commodities and products, was repealed by sec. 266 of 
Public Law 104-127 (110 Stat. 974).
---------------------------------------------------------------------------
    Sec. 1208.\6\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \6\ Formerly at 7 U.S.C. 1736n. Sec. 226 of Public Law 104-127 (110 
Stat. 962) repealed sec. 1208, which had, in part, required the 
Secretary of Agriculture to report annually on efforts being made to 
make available protein byproducts derived from alcohol fuel production.
---------------------------------------------------------------------------

                    exemption for protein byproducts

    Sec. 1209.\7\ * * *
---------------------------------------------------------------------------
    \7\ Sec. 1209 amended the Act entitled ``An Act authorizing 
Commodity Credit Corporation to purchase flour and cornmeal and 
donating same for certain domestic and foreign purposes'' (7 U.S.C. 
1431 note).
    \8\ Subtitle B amended Public Law 480.
---------------------------------------------------------------------------

                     Subtitle B--Public Law 480 \8\

self-help measures to increase agricultural production; verification of 
                          self-help provisions

          * * * * * * *

  Subtitle C--Agricultural Trade and Export Policy Commission Act \9\

                              short title

    Sec. 1217.\9\ This subtitle may be cited as the 
``Agricultural Trade and Export Policy Commission Act''.
---------------------------------------------------------------------------
    \9\ 7 U.S.C. 1691 note. Public Law 98-412 (98 Stat. 1576) added 
subtitle C (secs. 1217 through 1223).
---------------------------------------------------------------------------

                   findings and declaration of policy

    Sec. 1218.\9\ (a) Congress finds that--
          (1) the economic well-being of the Nation's 
        agricultural industry is directly related to its 
        ability to compete in international markets; and
          (2) a thorough examination of agriculture-related 
        trade and export policies, programs, and practices of 
        the United States is needed to ensure that such 
        policies, programs, and practices increase the 
        competitiveness of United States agricultural 
        commodities and products in international markets.
    (b) It is hereby declared to be the policy of Congress to 
expand international trade in United States agricultural 
commodities and products and to develop, maintain, and expand 
markets for United States agricultural exports.

                             establishment

    Sec. 1219.\9\ (a) There is established a National 
Commission on Agricultural Trade and Export Policy to conduct a 
study of the agriculture-related trade and export policies, 
programs, and practices of the United States.
    (b) In addition to the ex officio congressional members 
specified in subsection (c) of this section, the Commission 
shall be composed of twenty-three members appointed or 
designated by the President and selected as follows:
          (1) The President shall select three members from 
        among officers or employees of the Executive branch who 
        shall serve in an ex officio capacity without voting 
        rights; and
          (2) The President pro tempore of the Senate and the 
        Speaker of the House of Representatives shall each 
        select then members from among private citizens of the 
        United States to represent industries that are directly 
        affected by agriculture-related trade and export 
        policies, programs, and practices of the United States, 
        including, but not limited to, the following:
                  (A) producers of major agricultural 
                commodities in the United States;
                  (B) processors or refiners of United States 
                agricultural commodities;
                  (C) exporters, transporters, or shippers of 
                United States agricultural commodities and 
                products to foreign countries;
                  (D) suppliers of production equipment or 
                materials to United States farmers;
                  (E) providers of financing or credit for 
                domestic and export agricultural purposes; and
                  (F) organizations representing general farm 
                and rural interests in the United States.
    (c) The chairmen and ranking minority members of the House 
Committee on Agriculture, the Senate Committee on Agriculture, 
Nutrition, and Forestry, the House Committee on Foreign 
Affairs,\10\ the Senate Committee on Foreign Relations, the 
House Committee on Ways and Means, and the Senate Committee on 
Finance shall serve as ex officio members of the Commission and 
shall have the same voting rights as the members of the 
Commission selected and appointed under the provisions of 
subsection (b)(2) of this section. The chairmen and ranking 
minority members may designate other members of their 
respective committees to serve in their stead as members of the 
Commission.
---------------------------------------------------------------------------
    \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (d) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (e) The Commission shall elect a chairman from among the 
members of the Commission who are selected and appointed under 
the provisions of subsection (b)(2) of this section.
    (f) The Commission shall meet at the call of the chairman 
or a majority of the Commission.

                            conduct of study

    Sec. 1220.\9\ The Commission shall study the agriculture-
related trade and export policies, programs, and practices of 
the United States and the international and domestic factors 
affecting such policies, programs, and practices, including the 
intergovernmental activities of the United States that affect 
the formulation of policies. In conducting the study, the 
Commission shall consider, among other things, the following:
          (1) the effectiveness of existing agricultural export 
        assistance programs, and the manner in which they can 
        be improved;
          (2) new export assistance programs that should be 
        considered, and the conditions under which they can be 
        implemented;
          (3) practices of foreign countries that impede the 
        export of United States agricultural commodities and 
        products, and appropriate responses for the United 
        States;
          (4) the effectiveness of the trade agreements program 
        of the United States with respect to agriculture-
        related trade and exports, and the manner in which it 
        can be improved;
          (5) international economic trends that affect 
        agricultural exports, and the manner in which the 
        United States can best adjust its policies, programs, 
        and practices to meet changing economic conditions;
          (6) potential areas of conflict and compatibility 
        between international agricultural trade and foreign 
        food assistance programs, and the manner in which any 
        conflict can be resolved; and
          (7) the relationship between international 
        agricultural trade and foreign economic development and 
        food programs, and the manner in which they can be made 
        more compatible.

                      recommendations and reports

    Sec. 1221.\9\ (a) On the basis of its study, the Commission 
shall make findings and develop recommendations for 
consideration by the President and Congress with respect to the 
agriculture-related trade and export policies, programs, and 
practices of the United States, and the manner in which such 
policies, programs, and practices can be improved to better 
develop, maintain and expand markets for United States 
agricultural exports.
    (b) The Commission shall submit to the President and 
Congress--
          (1) a report containing its initial findings and 
        recommendations by March 31, 1985,
          (2) such additional interim reports on its work as 
        may be requested by the chairman of any of the 
        Committees set forth in section 1219(c) of this 
        subtitle, and
          (3) a report containing the final results of its 
        study and its recommendations therefrom by July 1, 
        1986.

                             administration

    Sec. 1222.\9\ (a) The heads of Executive agencies, the 
General Accounting Office,\10\ the International Trade 
Commission, and the Congressional Budget Office shall, to the 
extent permitted by law, provide the Commission such 
information as it may require in carrying out its duties and 
functions.
---------------------------------------------------------------------------
    \10\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
    (b) Members of the Commission shall serve without any 
additional compensation for work on the Commission. However, 
members appointed from among private citizens of the United 
States may be allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by law for persons serving 
intermittently in the government service under sections 5701 
through 5707 of title 5, United States Code.
    (c) To the extent there are sufficient funds available to 
the Commission in advance under section 1223 of this subtitle, 
and subject to such rules as may be adopted by the Commission, 
the chairman, without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, shall have the 
power to--
          (1) appoint and fix the compensation of a director; 
        and
          (2) appoint and fix the compensation of such 
        additional staff personnel as the Commission determines 
        necessary to carry out its duties and functions.
    (d) Upon request of the Commission, the Secretary of 
Agriculture shall furnish the Commission with such personnel 
and support services as are necessary to assist the Commission 
in carrying out its duties and functions.
    (e) Upon request of the Commission, the heads of other 
Executive agencies and the General Accounting Office \10\ are 
each authorized to furnish the Commission with such personnel 
and support services as the head of the agency or office and 
the chairman of the Commission agree are necessary to assist 
the Commission in carrying out its duties and functions.
    (f) The Commission shall not be required to pay or 
reimburse any agency or office for personnel and support 
services provided under this section.
    (g) In accordance with section 12 of the Federal Advisory 
Committee Act, the Secretary of Agriculture shall maintain such 
financial records as will fully disclose the disposition of any 
funds that may be at the disposal of the Commission and the 
nature and extent of its activities, and the Comptroller 
General of the United States, or any of the Comptroller 
General's authorized representatives, shall have access to such 
records for the purpose of audit and examination.
    (h) The Commission shall be exempt from section 7(d), 
section 10(e), section 10(f), and section 14 of the Federal 
Advisory Committee Act.
    (i) The Commission shall be exempt from the requirements of 
sections 4301 through 4305 of title 5, United States Code.

                             public support

    Sec. 1223.\9\ (a) Following the appointment or designation 
of the members of the Commission, notwithstanding the 
provisions of section 1342 of title 31, United States Code, the 
Secretary of Agriculture may receive, from persons, 
corporations, foundations, and all other groups and entities 
within the United States, contributions of money and services 
to assist the Commission in carrying out its duties and 
functions. Any money contributed under this section shall be 
available to the Commission for the payment of salaries, travel 
expenses, per diem, and other expenses incurred by the 
Commission under this subtitle. In no event may the 
contributions from any one person, corporation, foundation, or 
other group or entity exceed 5 per centum of the Commission's 
total budget.
    (b) If the contributions provided under subsection (a) are 
insufficient for payment of Commission salaries, travel 
expenses, per diem, and other expenses incurred by the 
Commission under this subtitle, the Secretary of Agriculture is 
authorized to use the funds of the Commodity Credit Corporation 
for such purposes in an amount not to exceed a total of 
$1,000,000.
    (c) The Secretary of Agriculture shall keep, and shall make 
available for public inspection during normal business hours, 
records that fully disclose a complete list of every person, 
group, and entity making a contribution under this section, the 
address of the contributor, the amount and type of each such 
contribution, and the date the contribution was made.
    (d) Any amount of money available to the Commission under 
this section that remains unobligated upon termination of the 
Commission shall be deposited in the Treasury as miscellaneous 
receipts.

                              termination

    Sec. 1224.\9\ The Commission shall terminate sixty days 
after the transmission of its final report to the President and 
Congress.
         6. International Carriage of Perishable Foodstuffs Act

  Public Law 97-325 [H.R. 6164], 96 Stat. 1603, approved October 15, 
1982; amended by Public Law 103-354 [Federal Crop Insurance Reform and 
 Department of Agriculture Reorganization Act of 1994; H.R. 4217], 108 
                 Stat. 3178, approved October 13, 1994

   AN ACT To authorize the Secretary of Agriculture to implement the 
Agreement on the International Carriage of Perishable Foodstuffs and on 
the Special Equipment to be Used for Such Carriage (ATP), and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Carriage of Perishable 
Foodstuffs Act''.

                          findings and purpose

    Sec. 2.\1\ Congress hereby finds and declares that--
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 4401.
---------------------------------------------------------------------------
          (1) the United States, as a member of the Economic 
        Commission for Europe of the United Nations, 
        participated in development by that Commission of the 
        Agreement on the International Carriage of Perishable 
        Foodstuffs and on the Special Equipment to be Used for 
        Such Carriage;
          (2) the agreement requires that equipment involved in 
        the international carriage of perishable foodstuffs be 
        inspected, tested, and certified to specified 
        standards;
          (3) this Act will make it possible for equipment in 
        the United States to be inspected, tested, and 
        certified in accordance with the agreement and the 
        standards specified therein; and
          (4) this Act will improve the conditions for the 
        movement of perishable foodstuffs in international 
        carriage in equipment owned or operated by United 
        States firms, which will serve to protect existing 
        trade and promote expansion of trade in perishable 
        foodstuffs, and will improve the sale of United States 
        manufactured equipment for use in international 
        carriage.

                              definitions

    Sec. 3.\2\ As used in this Act--
---------------------------------------------------------------------------
    \2\ 7 U.S.C. 4402.
---------------------------------------------------------------------------
          (1) The term ``agreement'' means the Agreement on the 
        International Carriage of Perishable Foodstuffs and on 
        the Special Equipment to be Used for Such Carriage, and 
        the annexes and the appendices thereto, done at Geneva, 
        September 1, 1970, under the auspices of the Economic 
        Commission for Europe of the United Nations.
          (2) The term ``contracting party'' means any country 
        that is eligible under article 9 of the agreement and 
        that has complied with the terms of such article.
          (3) The term ``equipment'' means the special 
        transport equipment that complies with the definitions 
        and standards set forth in annex 1 to the agreement, 
        including, but not limited to, railway cars, trucks, 
        trailers, semitrailers, and intermodal freight 
        containers that are insulated only, or insulated and 
        equipped with a refrigerating, mechanically 
        refrigerating, or heating appliance.
          (4) The term ``perishable foodstuffs'' means quick 
        deep-frozen and frozen food products listed in annex 2 
        and food products listed in annex 3 to the agreement.
          (5) The term ``international carriage'' means 
        transportation of perishable foodstuffs if such 
        foodstuffs are loaded in equipment or the equipment 
        containing them is loaded onto a rail or road vehicle, 
        in the territory of any country and such foodstuffs 
        are, or the equipment containing them is, unloaded in 
        the territory of another country that is a contracting 
        party, where such transportation is by--
                  (A) rail,
                  (B) road,
                  (C) any combination of rail and road, or
                  (D) any sea crossing of less than one hundred 
                and fifty kilometers, if preceded or followed 
                by one or more land journeys as referred to in 
                clauses (A), (B), and (C) of this paragraph, 
                and the perishable foodstuffs are shipped in 
                the same equipment used for such land journeys 
                without transloading of such foodstuffs.
        In the case of any transportation that involves one or 
        more sea crossings other than as specified in clause 
        (D) of this paragraph, each land journey shall be 
        considered separately.
          (6) The term ``United States'' means the fifty States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Virgin Islands of the United States, the Commonwealth 
        of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

                 duties of the secretary of agriculture

    Sec. 4.\3\ The Secretary of Agriculture of the United 
States shall be the competent authority to implement the 
agreement. To ensure compliance with the standards specified in 
the agreement, the Secretary of Agriculture may--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 4403.
---------------------------------------------------------------------------
          (1) designate appropriate organizations to inspect or 
        test equipment, or both;
          (2) issue certificates of compliance in accordance 
        with annex 1, appendix 1, paragraph 4 of the agreement;
          (3) prescribe such regulations as may be necessary to 
        implement the agreement and administer this Act, 
        including, but not limited to, provision for suspending 
        or denying the designation of any organization to 
        inspect or test equipment and for denying the issuance 
        of certificates of compliance as may be necessary to 
        ensure compliance with the provisions of this Act and 
        the regulations issued thereunder;
          (4) make periodic onsite inspections of facilities 
        and procedures used by those seeking certificates of 
        compliance and by organizations designated to test or 
        inspect equipment under this Act;
          (5) require submission of reports by those seeking 
        certificates of compliance and by organizations 
        designated to test or inspect equipment under this Act;
          (6) require maintenance of records by those seeking 
        certificates of compliance and by organizations 
        designated to test or inspect equipment under this Act, 
        such records to be made available to the Secretary upon 
        request;
          (7) inform contracting parties, through the Secretary 
        of State of the United States, of all general measures 
        taken in connection with the implementation of the 
        agreement; and
          (8) take such other action as may be considered 
        appropriate to implement the agreement and administer 
        this Act.

                    duties of the secretary of state

    Sec. 5.\4\ The Secretary of State, with the concurrence of 
the Secretary of Agriculture, may take such action as may be 
considered appropriate to assert and protect the rights of the 
United States under the agreement.
---------------------------------------------------------------------------
    \4\ 7 U.S.C. 4404.
---------------------------------------------------------------------------

             fees for testing, inspection or certification

    Sec. 6.\5\ (a) Any organization designated by the Secretary 
of Agriculture to test or inspect equipment may establish 
reasonable fees to cover the costs of such testing or 
inspection. Such fees shall be payable directly to the 
organization by those seeking inspection or testing.
---------------------------------------------------------------------------
    \5\ 7 U.S.C. 4405.
---------------------------------------------------------------------------
    (b) The Secretary of Agriculture may, effective October 1, 
1982, fix and cause to be collected reasonable fees to cover, 
as nearly as practicable, the costs to the Department of 
Agriculture incurred in connection with the issuance of 
certificates of compliance as provided under section 4(2) of 
this Act. All fees collected shall be credited to the current 
appropriation account that incurs the cost and shall be 
available without fiscal year limitation to pay the expenses of 
the Secretary of Agriculture incident to the issuance of 
certificates of compliance under this Act.

                    authorization for appropriations

    Sec. 7.\6\ There are authorized to be appropriated to the 
Secretary of Agriculture for the fiscal year beginning October 
1, 1982, and for each fiscal year thereafter, such sums as are 
necessary to carry out the provisions of this Act, but not to 
exceed $100,000 in any fiscal year.
---------------------------------------------------------------------------
    \6\ 7 U.S.C. 4406.
---------------------------------------------------------------------------

                   assistant secretary of agriculture

    Sec. 8.\7\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \7\ Formerly at 7 U.S.C. 2212c. Sec. 218 of the Department of 
Agriculture Reorganization Act of 1994 (Public Law 103-354; 108 Stat. 
3212) authorized the Secretary of Agriculture to establish Assistant 
Secretaries for Congressional Relations, Administration, and Marketing 
and Regulatory Programs, and repealed sections in law superseded by 
such authorization. See 7 U.S.C. 6918.
---------------------------------------------------------------------------
      
            7. Pesticide Monitoring Improvements Act of 1988

  Partial text of Title IV of Public Law 100-418 [H.R. 4848], 102 Stat. 
                 1107 at 1411, approved August 23, 1988

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

          * * * * * * *

             Subtitle G--Pesticide Monitoring Improvements

SEC. 4701.\1\ SHORT TITLE.

  This subtitle may be cited as the ``Pesticide Monitoring 
Improvements Act of 1988''.
---------------------------------------------------------------------------
    \1\ 21 U.S.C. 1401 note.
---------------------------------------------------------------------------

SEC. 4702. * * *

SEC. 4703.\2\ FOREIGN PESTICIDE INFORMATION.

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


                           C. THE PEACE CORPS

                                CONTENTS

                                                                   Page

 1. The Peace Corps Act, as amended (Public Law 87-293)..........  1565
 2. Establishment of the Peace Corps as an Independent Agency 
    (Public Law 97-113) (partial text)...........................  1595
 3. Paul D. Coverdell Programs...................................  1598
      a. Paul D. Coverdell Peace Corps Headquarters (Public Law 
          107-21)................................................  1598
      b. Paul D. Coverdell World Wise Schools Act of 2000 (Public 
          Law 106-570) (partial text)............................  1599
      c. Paul D. Coverdell Fellows Program Act of 2000 (Public 
          Law 106-309) (partial text)............................  1601
 4. Peace Corps Reauthorization..................................  1602
      a. Peace Corps Authorization for Fiscal Years 1994 and 1995 
          (Public Law 103-236) (partial text)....................  1602
      b. Peace Corps Authorization for Fiscal Year 1993 (Public 
          Law 102-565) (partial text)............................  1603
      c. Peace Corps Authorization for Fiscal Years 1986 and 1987 
          (Public Law 99-83) (partial text)......................  1606
 5. Independent Implementing Provisions of Public Law 89-134.....  1608
 6. Higher Education Amendments of 1986 (Public Law 99-498) 
    (partial text)...............................................  1610
 7. National and Community Service Act of 1990 (Public Law 101-
    610) (partial text)..........................................  1611
 8. The Peace Corps--Establishment as Agency Within ACTION 
    (Executive Order 12137)......................................  1619
 9. Providing for the Appointment of Former Peace Corps 
    Volunteers to the Civilian Civil Service (Executive Order 
    11103).......................................................  1624

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

      
      


          The Peace Corps was initially established pursuant to 
        Executive Order 10924, March 1, 1961, 26 F.R. 1789, as 
        an agency in the Department of State, under authority 
        of the Mutual Security Act of 1954, as amended. 
        Pursuant to that order, Department of State Delegation 
        of Authority No. 85-11, March 3, 1961, 26 F.R. 2196, 
        and Department of State Redelegation of Authority No. 
        85-10B, March 4, 1961, 26 F.R. 2196, the Peace Corps 
        was empowered to exercise authority under section 
        400(a) of the Mutual Security Act of 1954, as amended 
        (``Special Assistance''), and under certain other 
        provisions of that act. Its operations were funded from 
        appropriations available under the Mutual Security Act 
        and Mutual Security Program funds appropriated by the 
        joint resolution making temporary appropriations for 
        fiscal year 1962. The authorities, functions, offices, 
        personnel, property, records, and funds available to 
        the Peace Corps were preserved, pending enactment of 
        the Peace Corps Act, by section 643(d) of the Foreign 
        Assistance Act of 1961, notwithstanding the repeal by 
        that act of much of the Mutual Security Act of 1954, as 
        amended. Section 643(d) was repealed by the Foreign 
        Assistance Act of 1962. Pursuant to Executive Order 
        11603 of July 1, 1971 (36 F.R. 12675), the Peace Corps 
        was transferred to the agency created by Reorganization 
        Plan No. 1 of 1971 and designated as ACTION. The ACTION 
        Agency was established by law under Title IV of the 
        Domestic Volunteer Service Act of 1973. Executive Order 
        12137 of May 16, 1979 superseded Executive Order 11603 
        but continued the policy of the Peace Corps operating 
        as an agency within ACTION. Sec. 601 of the 
        International Security and Development Cooperation Act 
        of 1981 (Public Law 97-113), in amending the Peace 
        Corps Act, removed the Peace Corps from ACTION and 
        established the Peace Corps as an independent agency 
        within the executive branch, effective December 29, 
        1981. All functions relating to the Peace Corps 
        previously vested in the Director of ACTION were 
        transferred to the Director of the Peace Corps on the 
        day before the effective date.


                   1. The Peace Corps Act, as amended

   Public Law 87-293 [H.R. 7500], 75 Stat. 612, 22 U.S.C. 2501-2523, 
  approved September 22, 1961; as amended by Public Law 87-442 [H.R. 
 10700], 76 Stat. 62, approved April 27, 1962; Public Law 87-793 [H.R. 
7927], 76 Stat. 632, approved October 11, 1962; Public Law 88-200 [H.R. 
9009], 77 Stat. 359, approved December 13, 1963; Public Law 88-285 [S. 
 2455], 78 Stat. 166, approved March 17, 1965; Public Law 88-426 [H.R. 
11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R. 
 7381], 78 Stat. 484, approved August 19, 1964; Public Law 89-134 [S. 
 2054], 79 Stat. 59, approved August 24, 1965; Public Law 89-554 [H.R. 
10104], 80 Stat. 378, approved September 6, 1966; Public Law 89-572 [S. 
3418], 80 Stat. 764, approved September 13, 1966; Public Law 90-175 [S. 
 1031], 81 Stat. 542, approved December 5, 1967; Public Law 90-362 [S. 
  2914], 82 Stat. 250, approved June 27, 1968; Public Law 91-99 [H.R. 
11039], 83 Stat. 166, approved October 29, 1969; Public Law 91-352 [S. 
  3430], 84 Stat. 464, approved July 24, 1970; Public Law 92-135 [S. 
2260], 85 Stat. 376, approved October 8, 1971; Public Law 92-352 [H.R. 
 14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-49 [H.R. 
  5293], 87 Stat. 99, approved June 25, 1973; Public Law 93-302 [H.R. 
 12920], 88 Stat. 191, approved June 1, 1974; Public Law 94-130 [H.R. 
6334], 89 Stat. 684, approved November 14, 1975; Public Law 94-274 [S. 
  2444], 90 Stat. 383, approved April 21, 1976; by Public Law 94-281 
[H.R. 12226], 90 Stat. 458, approved May 7, 1976; Public Law 95-102 [S. 
 1235] 91 Stat. 841, approved August 15, 1977; Public Law 95-331 [H.R. 
    11877], 92 Stat. 414, approved August 2, 1978; Public Law 96-53 
  [International Development Cooperation Act of 1979; H.R. 3324], 93 
Stat. 359 at 370, approved August 14, 1979; Public Law 96-465 [Foreign 
   Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2157 and 2160, 
 approved October 17, 1980; Public Law 96-533 [International Security 
 and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at 
  3155, approved December 16, 1980; Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981; S. 1196], 95 Stat. 
1519 at 1540, approved December 29, 1981; Public Law 97-387 [S. 2611], 
     96 Stat. 1947, approved December 23, 1982; Public Law 98-473 
 [Continuing Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, 
approved October 12, 1984; by Public Law 99-83 [International Security 
and Development Cooperation Act of 1985; S. 960], 99 Stat. 190 at 272, 
   approved August 8, 1985, by Public Law 99-399 [Omnibus Diplomatic 
  Security and Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 897, 
approved August 27, 1986; Public Law 100-202 [Continuing Appropriations 
  Act for Fiscal Year 1988; H.J. Res. 395], 101 Stat. 1329, approved 
 December 22, 1987; Public Law 102-511 [FREEDOM Support Act; S. 2532], 
   106 Stat. 3320, approved October 24, 1992; Public Law 102-565 [S. 
  3309], 106 Stat. 4265, approved October 28, 1992; Public Law 103-82 
  [National and Community Service Trust Act of 1993; H.R. 2010], 107 
  Stat. 785, approved September 21, 1993; Public Law 103-236 [Foreign 
 Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 
  108 Stat. 382, approved April 30, 1994; Public Law 104-208 [Omnibus 
  Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009, 
   approved September 30, 1996; Public Law 105-12 [Assisted Suicide 
  Funding Restriction Act of 1997; H.R. 1003], 111 Stat. 23, approved 
 April 30, 1997; Public Law 106-30 [H.R. 669], 113 Stat. 55, approved 
May 21, 1999; and by Public Law 107-107 [National Defense Authorization 
 Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 
                                28, 2001

 AN ACT To provide for a Peace Corps to help the peoples of interested 
    countries and areas in meeting their needs for skilled manpower.

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

                        TITLE I--THE PEACE CORPS

                              short title

    Section 1.\1\ This Act may be cited as the ``Peace Corps 
Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2501 note.
---------------------------------------------------------------------------

                         declaration of purpose

    Sec. 2.\2\ (a) \3\ The Congress of the United States 
declares that it is the policy of the United States and the 
purpose of this Act to promote world peace and friendship 
through a Peace Corps, which shall make available to interested 
countries and areas men and women of the United States 
qualified for service abroad and willing to serve, under 
conditions of hardship if necessary, to help the peoples of 
such countries and areas in meeting their needs for trained 
manpower, particularly in meeting the basic needs of those 
living in the poorest areas of such countries,\4\ and to help 
promote a better understanding of the American people on the 
part of the peoples served and a better understanding of other 
peoples on the part of the American people.
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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.
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    \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''.
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                             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.
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    \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:
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``peace corps
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    ``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.
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    \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''.
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    (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.
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    (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.
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    \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.
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    (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.
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    \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.
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    (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.
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    (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.
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    (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--
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  ``(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--
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  ``(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--
---------------------------------------------------------------------------
    \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.
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    \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--
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    \42\ 22 U.S.C. 2505.
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          (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).
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          (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
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    \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.
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          (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:
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``peace corps
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    ``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--
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    \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:
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    \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).
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          (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.''.
---------------------------------------------------------------------------

    Sec. 603 of the Assistance for International Malaria Control Act 
(Public Law 106-570; 114 Stat. 3052) provided the following:
---------------------------------------------------------------------------

``sec. 603. designation of paul d. coverdell world wise schools program.
---------------------------------------------------------------------------

    ``(a) In General.--Effective on the date of enactment of this Act, 
the program under section 18 of the Peace Corps Act (22 U.S.C. 2517) 
referred to before such date as the `World Wise Schools Program' is 
redesignated as the `Paul D. Coverdell World Wise Schools Program'.
    ``(b) References.--Any reference before the date of enactment of 
this Act in any law, regulation, order, document, record, or other 
paper of the United States to the Peace Corps World Wise Schools 
Program shall, on and after such date, be considered to refer to the 
Paul D. Coverdell World Wise Schools Program.''.
    The former sec. 18 was repealed by sec. 605(b) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1543). It had stated that the Mutual Defense Assistance Control 
Act of 1951 would apply with respect to functions carried out under 
this Act except in cases where the President determined that such 
application would be detrimental to U.S. interests.
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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]
---------------------------------------------------------------------------
    \105\ Sec. 5(a) of Public Law 89-572 repealed former sec. 20 (75 
Stat. 623), which related to the moratorium on student loans. Such 
repeal, by virtue of sec. 5(b) of Public Law 89-572, does not affect 
the amendment of sec. 205 of the National Defense Education Act of 1958 
(20 U.S.C. 425) contained in the former sec. 20.
---------------------------------------------------------------------------

               amendment to civil service retirement act

    Sec. 21.\106\ * * * [Repealed--1966]
---------------------------------------------------------------------------
    \106\ Sec. 5(a) of Public Law 89-572 repealed former sec. 21 (75 
Stat. 623), which related to amendment to the Civil Service Retirement 
Act. Such repeal, by virtue of sec. 5(b) of Public Law 89-572 does not 
affect the amendment of subsec. (j) of sec. 3 of the Civil Service 
Retirement Act, as amended (5 U.S.C. 8333), contained in the former 
sec. 21.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \108\ 22 U.S.C. 2520.
---------------------------------------------------------------------------

                      foreign language proficiency

    Sec. 24.\109\ No person shall be assigned to duty as a 
volunteer under this Act in any foreign country or area unless 
at the time of such assignment he possesses such reasonable 
proficiency as his assignment requires in speaking the language 
of the country or area to which he is assigned.
---------------------------------------------------------------------------
    \109\ 22 U.S.C. 2521.
---------------------------------------------------------------------------

                        nonpartisan appointments

    Sec. 25.\110\ In carrying out this Act, no political test 
or political qualification may be used in--
---------------------------------------------------------------------------
    \110\ 22 U.S.C. 2521a. Added by sec. 1105(a)(2) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 276). Sec. 1105(a)(1) of such Act redesignated 
existing secs. 25, 26, and 27 as secs. 26, 27, and 28, respectively.
---------------------------------------------------------------------------
          (1) selecting any person for enrollment as a 
        volunteer or for appointment to a position at, or for 
        assignment to (or for employment for assignment to), a 
        duty station located abroad, or
          (2) promoting or taking any other action with respect 
        to any volunteer or any person assigned to such a duty 
        station.

                              definitions

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

                              construction

    Sec. 27.\110\, \113\ If any provision of this 
Act or the application of any provision to any circumstances or 
persons shall be held invalid, the validity of the remainder of 
this Act and the applicability of such provision to other 
circumstances or persons shall not be affected thereby.
---------------------------------------------------------------------------
    \113\ 22 U.S.C. 2523.
---------------------------------------------------------------------------

                             effective date

    Sec. 28.\110\, \114\ This Act shall take effect 
on the date of its enactment.
---------------------------------------------------------------------------
    \114\ 22 U.S.C. 2501 note.
---------------------------------------------------------------------------

  TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT

                         taxation of allowances

    Sec. 201.\115\ * * * [Repealed--1966]
---------------------------------------------------------------------------
    \115\ Repealed by Public Law 89-572.
---------------------------------------------------------------------------

                        social security coverage

    Sec. 202.\115\ * * * [Repealed--1966]

      TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS \116\

    Sec. 301. (a) \117\ The Congress declares that it is the 
policy of the United States and a further purpose of this Act 
(1) to encourage countries and areas to establish programs 
under which their citizens and nationals would volunteer to 
serve in order to help meet the needs of less developed 
countries or areas for trained manpower; (2) to encourage less 
developed countries or areas to establish programs under which 
their citizens and nationals would volunteer to serve in order 
to meet their needs for trained manpower; and (3) to encourage 
the development of, and participation in, international 
voluntary service programs and activities.
---------------------------------------------------------------------------
    \116\ 22 U.S.C. 2501a. Added by sec. 8 of Public Law 88-200 (77 
Stat. 360).
    \117\ Sec. 3(1) of Public Law 91-99 (83 Stat. 166) amended and 
restated subsec. (a), which previously read as follows: ``(a) The 
Congress declares that it is the policy of the United States and a 
further purpose of this Act to encourage countries and areas to 
establish programs under which their citizens and nationals would 
volunteer to serve in order to help meet the needs of less developed 
countries or areas for trained manpower, and to encourage less 
developed countries or areas to establish programs under which their 
citizens and nationals would volunteer to serve in order to meet their 
needs for trained manpower.''.
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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--
---------------------------------------------------------------------------
    \118\ Sec. 7 of Public Law 95-331 (92 Stat. 415) amended and 
restated para. (1). It formerly read as follows:
    ``(1) Activities carried out by the President in furtherance of the 
purposes of clauses (1) and (2) of subsection (a) of this section shall 
be limited to the furnishing of knowledge and skills relating to the 
selection, training, and programing of volunteer manpower. None of the 
funds available for use in the furtherance of such purposes may be 
contributed to any international organization or to any foreign 
government or agency thereof; nor may such funds be used to pay the 
costs of developing or operating volunteer programs of such 
organization, government, or agency, or to pay any other costs of such 
organization, government, or agency.''.
---------------------------------------------------------------------------
          (A) furnishing technical assistance, materials, 
        tools, supplies, and training appropriate to the 
        support of volunteer programs in such countries or 
        areas; and
          (B) conducting demonstration projects in such 
        countries or areas.
None of the funds made available to carry out the purposes of 
clauses (1) and (2) of subsection (a) may be used to pay the 
administrative costs of any program or project, other than a 
demonstration project, or to assist any program or project of a 
paramilitary or military nature. Funds allocated for activities 
set forth in this paragraph should be kept to a minimum so that 
such allocation will not be detrimental to other Peace Corps 
programs and activities.
    (2) \119\ Not more than 2 per centum of the amount 
appropriated to the Peace Corps for a fiscal year may be used 
in such fiscal year \120\, \121\ to carry out the 
provisions of clause (3) of subsection (a) of this section. 
Such funds may be contributed to educational institutions, 
private voluntary organizations, international organizations, 
and foreign governments or agencies thereof, to pay a fair and 
proportionate share of the costs of encouraging the development 
of, and participation in, international voluntary programs and 
activities.
---------------------------------------------------------------------------
    \119\ Sec. 402 of Public Law 92-352 (86 Stat. 495) amended and 
restated para. (2).
    \120\ The 2 per centum appropriation limitation was substituted in 
lieu of a limitation of $350,000 in any fiscal year by sec. 8 of Public 
Law 95-331 (92 Stat. 416). Sec. 8 further provided that this amendment 
would become effective on Oct. 1, 1978.
    \121\ Sec. 112(b) of the Fiscal Year Transition Act (Public Law 94-
274) provided that for the period July 1, 1976 through Sept. 30, 1976, 
the limitation on expenditures in sec. 301(b)(2) shall be $100,000.
---------------------------------------------------------------------------
    (c) Such activities shall not compromise the national 
character of the Peace Corps.
      2. Establishment of the Peace Corps as an Independent Agency

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

          * * * * * * *

                         TITLE VI--PEACE CORPS

                 establishment as an independent agency

    Sec. 601. (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ Subsec. (a) added a new sec. 2A to the Peace Corps Act 
establishing the Peace Corps as an independent agency.
---------------------------------------------------------------------------
    (b) \2\ There are transferred to the Director of the Peace 
Corps all functions relating to the Peace Corps which were 
vested in the Director of the ACTION Agency on the day before 
the date of the enactment of this Act.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2501-1 note.
---------------------------------------------------------------------------
    (c)(1) \2\ All personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds as are determined 
by the Director of the Office of Management and Budget, after 
consultation with the Comptroller General of the United States, 
the Director of the Peace Corps, and the Director of the ACTION 
Agency, to be employed, held, used, or assumed primarily in 
connection with any function relating to the Peace Corps before 
the date of the enactment of this Act are transferred to the 
Peace Corps. The transfer of unexpended balances pursuant to 
the preceding sentence shall be subject to section 202 of the 
Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c).
    (2)(A) The transfer pursuant to this subsection of full-
time personnel (except special Government employees) and part-
time personnel holding permanent positions shall not cause any 
employee to be separated or reduced in rank, class, grade, or 
compensation, or otherwise suffer a loss of employment benefits 
for one year after--
          (i) the date on which the Director of the Office of 
        Management and Budget submits the report required by 
        subsection (f)(1) of this section, or
          (ii) the effective date of the transfer of such 
        employee,
whichever occurs later.
    (B) The personnel transferred pursuant to this subsection 
shall, to the maximum extent feasible, be assigned to such 
related functions and organizational units in the Peace Corps 
as such personnel were assigned to immediately before the date 
of the enactment of this Act.
    (C) Collective-bargaining agreements in effect on the date 
of the enactment of this Act covering personnel transferred 
pursuant to this subsection or employed on such date of 
enactment by the Peace Corps shall continue to be recognized by 
the Peace Corps until the termination date of such agreements 
or until such agreements are modified in accordance with 
applicable procedures.
    (3) Under such regulations as the President may prescribe, 
each person who, immediately before the date of the enactment 
of this Act, does not hold an appointment under section 7(a)(2) 
of the Peace Corps Act and who is determined under paragraph 
(1) of this subsection to be employed primarily in connection 
with any function relating to the Peace Corps shall, effective 
on the date of the enactment of this Act, and notwithstanding 
subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be 
appointed a member of the Foreign Service under section 7(a)(2) 
of the Peace Corps Act, and be appointed or assigned to an 
appropriate class of the Foreign Service, except that--
          (A) any person who, immediately before such date of 
        enactment, holds a career or career-conditional 
        appointment shall not, without the consent of such 
        person, be so appointed until three years after such 
        date of enactment, during which period any such person 
        not consenting to be so appointed may continue to hold 
        such career or career-conditional appointment; and
          (B) each person so appointed who, immediately before 
        such date of enactment, held a career or career-
        conditional appointment at grade GS-8 or lower of the 
        General Schedule established by section 5332 of title 
        5, United States Code, shall be appointed a member of 
        the Foreign Service for the duration of operations 
        under the Peace Corps Act.
Each person appointed under this paragraph shall receive basic 
compensation at the rate of such person's class determined by 
the President to be appropriate, except that the rate of basic 
compensation received by such person immediately before the 
effective date of such person's appointment under this 
paragraph shall not be reduced as a result of the provisions of 
this paragraph.
    (d)(1) \3\ * * *
---------------------------------------------------------------------------
    \3\ Subsec. (d)(1) amended sec. 4(b) of the Peace Corps Act.
---------------------------------------------------------------------------
    (2) \4\ The Director of the Peace Corps shall continue to 
exercise all the functions under the Peace Corps Act or any 
other law or authority which the Director was performing on 
December 14, 1981.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2503 note.
---------------------------------------------------------------------------
    (e)(1) \5\ * * *
---------------------------------------------------------------------------
    \5\ Subsec. (e)(1) amended sec. 3 of the Peace Corps Act.
---------------------------------------------------------------------------
    (2) \6\ The amendment made by paragraph (1) of this 
subsection shall not alter or affect (A) the validity of any 
action taken before the date of the enactment of this Act under 
those provisions of law repealed by that amendment, or (B) the 
liability of any person for any payment described in section 
3(f) of the Peace Corps Act as in effect immediately before the 
date of the enactment of this Act.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2502 note. Para. (1) of subsec. (e) amended sec. 3 of 
the Peace Corps Act by repealing existing subsecs. (d), (e), and (f). 
See footnote 11, page 1567, for discussion of the subject matter of 
these repealed provisions.
---------------------------------------------------------------------------
    (f)(1) Not later than the thirtieth day after the date of 
the enactment of this Act, or February 15, 1982, whichever 
occurs later, the Director of the Office of Management and 
Budget, after consultation with the Director of the Peace Corps 
and the Director of the ACTION Agency, shall submit to the 
appropriate committees of the Congress and to the Comptroller 
General a report on the steps taken to implement the provisions 
of this title, including descriptions of the dispositions of 
administrative matters, including matters relating to 
personnel, assets, liabilities, contracts, property, records, 
and unexpended balances or appropriations, authorizations, 
allocations, and other funds employed, used, held, available, 
or to be made available in connection with functions or 
activities relating to the Peace Corps.
    (2) Not later than the forty-fifth day after the date of 
the enactment of this Act, or March 1, 1982, whichever occurs 
later, the Comptroller General shall submit to the appropriate 
committees of the Congress a report stating whether, in the 
judgment of the Comptroller General, determinations made by the 
Director of the Office of Management and Budget under 
subsection (c)(1) of this section were equitable.
    (g) \2\ References in any statute, reorganization plan, 
Executive order, regulation, or other official document or 
proceeding to the ACTION Agency or the Director of the ACTION 
Agency with respect to functions or activities relating to the 
Peace Corps shall be deemed to refer to the Peace Corps or the 
Director of the Peace Corps, respectively.
          * * * * * * *

 restoration of certain authorities formerly contained in the foreign 
                              service act

    Sec. 604.\7\ (a) * * *
---------------------------------------------------------------------------
    \7\ Subsec. (a) amended sec. 10 of the Peace Corps Act by adding 
new subsecs. (i) and (j).
---------------------------------------------------------------------------
    (b) * * *
    (c) \8\ To the extent that the authorities provided by the 
amendments made by subsection (a) are authorities which are not 
applicable with respect to the Peace Corps immediately before 
the enactment of this Act and which require the expenditure of 
funds, those authorities may not be exercised using any funds 
appropriated after February 15, 1981, and before the date of 
enactment of this Act.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2509 note.
---------------------------------------------------------------------------
          * * * * * * *
                     3. Paul D. Coverdell Programs

             a. Paul D. Coverdell Peace Corps Headquarters

   Public Law 107-21 [S. 360], 115 Stat. 194, approved July 26, 2001

                   AN ACT To honor Paul D. Coverdell.

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

SECTION 1.\1\ PEACE CORPS HEADQUARTERS.

    (a) In General.--Effective on the date of enactment of this 
Act, the headquarters offices of the Peace Corps, wherever 
situated, shall be referred to as the ``Paul D. Coverdell Peace 
Corps Headquarters''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2501 note.
---------------------------------------------------------------------------
    (b) References.--Any reference before the date of enactment 
of this Act in any law, regulation, order, document, record, or 
other paper of the United States to the headquarters or 
headquarters offices of the Peace Corps shall, on and after 
such date, be considered to refer to the Paul D. Coverdell 
Peace Corps Headquarters.

SEC. 2. WORLD WISE SCHOOLS PROGRAM.

    Section 603 of the Paul D. Coverdell World Wise Schools Act 
of 2000 (title VI of Public Law 106-570) is amended by adding 
at the end the following new subsection: * * *

SEC. 3. PAUL D. COVERDELL BUILDING.

    (a) Award.--From the amount appropriated under subsection 
(b) the Secretary of Education shall make an award to the 
University of Georgia to support the construction of the Paul 
D. Coverdell Building at the Institute of the Biomedical and 
Health Sciences at the University of Georgia.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $10,000,000 for 
fiscal year 2002.
          b. Paul D. Coverdell World Wise Schools Act of 2000

 Title VI of Public Law 106-570 [Assistance for International Malaria 
 Control Act; S. 2943], 114 Stat. 3038, approved December 27, 2000; as 
amended by Public Law 107-21 [S. 360], 115 Stat. 194, approved July 26, 
                                  2001

  AN ACT To authorize additional assistance for international malaria 
                    control, and for other purposes.

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

     TITLE VI--PAUL D. COVERDELL WORLD WISE SCHOOLS ACT OF 2000 \1\

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Paul D. Coverdell World 
Wise Schools Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2517 note.
---------------------------------------------------------------------------

SEC. 602. FINDINGS.

    Congress makes the following findings:
          (1) Paul D. Coverdell was elected to the Georgia 
        State Senate in 1970 and later became Minority Leader 
        of the Georgia State Senate, a post he held for 15 
        years.
          (2) As the 11th Director of the Peace Corps from 1989 
        to 1991, Paul Coverdell's dedication to the ideals of 
        peace and understanding helped to shape today's Peace 
        Corps.
          (3) Paul D. Coverdell believed that Peace Corps 
        volunteers could not only make a difference in the 
        countries where they served but that the greatest 
        benefit could be felt at home.
          (4) In 1989, Paul D. Coverdell founded the Peace 
        Corps World Wise Schools Program to help fulfill the 
        Third Goal of the Peace Corps, ``to promote a better 
        understanding of the people served among people of the 
        United States''.
          (5) The World Wise Schools Program is an innovative 
        education program that seeks to engage learners in an 
        inquiry about the world, themselves, and others in 
        order to broaden perspectives; promote cultural 
        awareness; appreciate global connections; and encourage 
        service.
          (6) In a world that is increasingly interdependent 
        and ever changing, the World Wise Schools Program pays 
        tribute to Paul D. Coverdell's foresight and 
        leadership. In the words of one World Wise Schools 
        teacher, ``It's a teacher's job to touch the future of 
        a child; it's the Peace Corps' job to touch the future 
        of the world. What more perfect partnership.''.
          (7) Paul D. Coverdell served in the United States 
        Senate from the State of Georgia from 1993 until his 
        sudden death on July 18, 2000.
          (8) Senator Paul D. Coverdell was beloved by his 
        colleagues for his civility, bipartisan efforts, and 
        his dedication to public service.

SEC. 603. DESIGNATION OF PAUL D. COVERDELL WORLD WISE SCHOOLS PROGRAM.

    (a) In General.--Effective on the date of enactment of this 
Act, the program under section 18 of the Peace Corps Act (22 
U.S.C. 2517) referred to before such date as the ``World Wise 
Schools Program'' is redesignated as the ``Paul D. Coverdell 
World Wise Schools Program''.
    (b) References.--Any reference before the date of enactment 
of this Act in any law, regulation, order, document, record, or 
other paper of the United States to the Peace Corps World Wise 
Schools Program shall, on and after such date, be considered to 
refer to the Paul D. Coverdell World Wise Schools Program.
    (c) \2\ New References in Peace Corps Documents.--The 
Director of the Peace Corps shall ensure that any reference in 
any public document, record, or other paper of the Peace Corps, 
including any promotional material, produced on or after the 
date of enactment of this subsection, to the program described 
in subsection (a) be a reference to the ``Paul D. Coverdell 
World Wise Schools Program''.
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    \2\ Sec. 2 of Public Law 108-21 (115 Stat. 194) added subsec. (c).
            c. Paul D. Coverdell Fellows Program Act of 2000

 Partial text of Public Law 106-309 [Microenterprise for Self-Reliance 
 and International Anti-Corruption Act of 2000; H.R. 1143], 114 Stat. 
                    1078, approved October 17, 2000

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

          * * * * * * *

SEC. 408.\1\ PAUL D. COVERDELL FELLOWS PROGRAM ACT OF 2000.

    (a) Short Title.--This section may be cited as the ``Paul 
D. Coverdell Fellows Program Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2517 note.
---------------------------------------------------------------------------
    (b) Findings.--Congress makes the following findings:
          (1) Paul D. Coverdell was elected to the George State 
        Senate in 1970 and later became Minority Leader of the 
        Georgia State Senate, a post he held for 15 years.
          (2) Paul D. Coverdell served with distinction as the 
        11th Director of the Peace Corps from 1989 to 1991, 
        where he promoted a fellowship program that was 
        composed of returning Peace Corps volunteers who agreed 
        to work in underserved American communities while they 
        pursued educational degrees.
          (3) Paul D. Coverdell served in the United States 
        Senate from the State of Georgia from 1993 until his 
        sudden death on July 18, 2000.
          (4) Senator Paul D. Coverdell was beloved by his 
        colleagues for his civility, bipartisan efforts, and 
        his dedication to public service.
    (c) Designation of Paul D. Coverdell Fellows Program.--
          (1) In general.--Effective on the date of the 
        enactment of this Act, the program under section 18 of 
        the Peace Corps Act (22 U.S.C. 2517) referred to before 
        such date as the ``Peace Corps Fellows/USA Program'' is 
        redesignated as the ``Paul D. Coverdell Fellows 
        Program''.
          (2) References.--Any reference before the date of the 
        enactment of this Act in any law, regulation, order, 
        document, record, or other paper of the United States 
        to the Peace Corps Fellows/USA Program shall, on and 
        after such date, be considered to refer to the Paul D. 
        Coverdell Fellows Program.
                     4. Peace Corps Reauthorization

        a. Peace Corps Authorization--Fiscal Years 1994 and 1995

  Partial text of Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
                             April 30, 1994

  AN ACT To authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, and for other 
                               purposes.

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

                         TITLE VI--PEACE CORPS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated $219,745,000 for the fiscal year 1994 and 
$234,745,000 for the fiscal year 1995 to carry out the Peace 
Corps Act.
    (b) Availability of Funds.--Funds made available to the 
Peace Corps pursuant to the authorization under subsection (a) 
shall be available for the fiscal year for which appropriated 
and the subsequent year.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. * * *
             b. Peace Corps Authorization--Fiscal Year 1993

Partial text of Public Law 102-565 [S. 3309], 106 Stat. 4265, approved 
                            October 28, 1992

AN ACT To amend the Peace Corps Act to authorize appropriations for the 
Peace Corps for fiscal year 1993 and to establish a Peace Corps foreign 
         exchange fluctuations account, and for other purposes.

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

SECTION 1.\1\ AUTHORIZATIONS OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \1\ Sec. 1 amended the Peace Corps Act at sec. 3(b) (22 U.S.C. 
2502(b)).
---------------------------------------------------------------------------

SEC. 2. PEACE CORPS FOREIGN CURRENCY FLUCTUATIONS.

    (a) \2\ Establishment of Foreign Currency Fluctuations 
Account.--* * *
---------------------------------------------------------------------------
    \2\ Subsec. (a) added a new sec. 16 to the Peace Corps Act (22 
U.S.C. 2515).
---------------------------------------------------------------------------
    (b) \3\ Effective Date.--The amendment made by subsection 
(a) applies with respect to each fiscal year after fiscal year 
1992.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2515 note.
---------------------------------------------------------------------------

SEC. 3.\4\ EVALUATION OF HEALTH-CARE SERVICES PROVIDED TO PEACE CORPS 
                    VOLUNTEERS.

    (a) In General.--The Director of the Peace Corps shall 
contract with an eligible organization or organizations to 
conduct before January 1, 1997, a total of three evaluations of 
the health-care needs of the Peace Corps volunteers and the 
adequacy of the system through which the Peace Corps provides 
health-care services in meeting those needs.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2504 note.
---------------------------------------------------------------------------
    (b) Requirements of the Evaluations.--Each evaluation shall 
include an assessment of the adequacy of the Peace Corps 
health-care system--
          (1) to provide diagnostic, treatment, and referral 
        services to meet the health-care needs of Peace Corps 
        volunteers, and
          (2) to conduct health examinations of applicants for 
        enrollment as Peace Corps volunteers and to provide 
        immunization and dental care preparatory to service of 
        applicants for enrollment who have accepted an 
        invitation to begin a period of training for service as 
        a Peace Corps volunteer.
    (c) Reports to the Peace Corps.--An organization making an 
evaluation under this section shall submit to the Director of 
the Peace Corps a report containing its findings and 
recommendations not later than May 31, 1993, December 31, 1994, 
and December 31, 1996, as the case may be. Each report shall 
include recommendations regarding appropriate standards and 
procedures for ensuring the furnishing of quality medical care 
and for measuring the quality of care provided to Peace Corps 
volunteers.
    (d) Report to Congress.--Not later than 90 days after 
receipt of a report required by subsection (c), the Director of 
the Peace Corps shall transmit the report, together with the 
Director's comments, to the appropriate congressional 
committees.
    (e) Definitions.--For purposes of this section--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs \5\ and the Committee on 
        Appropriations of the House of Representatives; and
---------------------------------------------------------------------------
    \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) the term ``eligible organization'' means an 
        independent health-care accreditation organization or 
        other independent organization with expertise in 
        evaluating health-care systems similar to that of the 
        Peace Corps.

SEC. 4. REPORTING REQUIREMENT ON EMPLOYMENT-RELATED MATTERS.

    (a) In General.--Not later than May 31, 1992, the Director 
of the Peace Corps and the Secretary of Labor shall jointly 
submit to the appropriate congressional committees a report 
which describes--
          (1) the information provided by the Peace Corps to 
        its volunteers and to applicants for volunteer service 
        in the Peace Corps regarding the benefits and services 
        to which Peace Corps volunteers or trainees may be 
        entitled or for which they may be eligible in the event 
        that they sustain injuries or become disabled during 
        their service, or their training for service, with the 
        Peace Corps;
          (2) the efforts by the Peace Corps and the Department 
        of Labor to coordinate the provision of such 
        information to Peace Corps volunteer-applicants and 
        volunteers and the processing of claims by Peace Corps 
        volunteers under the Federal Employees Compensation Act 
        (FECA);
          (3) the number of Peace Corps volunteers and 
        volunteer-applicants who have filed claims under the 
        Federal Employees Compensation Act (FECA) and the 
        percentage of the claims that have been approved; and
          (4) the timeliness of approvals or denials of claims 
        of Peace Corps volunteers and volunteer-applicants 
        under the Federal Employees Compensation Act (FECA).
    (b) Recommendations.--The report required by subsection (a) 
shall also include such recommendations as the Director of the 
Peace Corps and the Secretary of Labor may determine necessary 
to facilitate the filing and processing of claims by Peace 
Corps volunteers regarding the benefits described in that 
subsection.
    (c) Definitions.--For purposes of this section--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs \5\ and the Committee on 
        Appropriations of the House of Representatives; and
          (2) the term ``Federal Employees Compensation Act 
        (FECA)'' means chapter 81 of title 5, United States 
        Code.

SEC. 5. PEACE CORPS PROGRAMS IN THE FORMER SOVIET UNION.

    (a) Availability of Funds.--Up to $6,000,000 of the funds 
made available to carry out the Peace Corps Act for fiscal year 
1993 shall be made available for establishing Small Business 
Development Programs in the independent states of the former 
Soviet Union. The programs shall include the promotion of local 
economic development by providing technical assistance and 
training in municipal restructuring and financing, 
privatization, valuation of state-owned enterprises, the 
development and promotion of business associations, and the 
identification of investment opportunities and requirements.
    (b) Definition.--For purposes of this section, the term 
``independent states of the former Soviet Union'' means the 
following (which formerly were part of the Soviet Union): 
Armenia, Azerbaijan, Byelarus, Georgia, Kazakhstan, Kyrgyzstan, 
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and 
Uzbekistan.
      c. Peace Corps Authorization for Fiscal Years 1986 and 1987

    Partial text of Public Law 99-83 [S. 960], 99 Stat. 190 at 272, 
                        approved August 8, 1985

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

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

                         TITLE XI--PEACE CORPS

SEC. 1101.\1\ AUTHORIZATION OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \1\ Sec. 1101 amended sec. 3(b) of the Peace Corps Act (22 U.S.C. 
2502) to establish funding levels for fiscal years 1986 and 1987.
---------------------------------------------------------------------------

SEC. 1102.\2\ NUMBER OF PEACE CORPS VOLUNTEERS. * * *
---------------------------------------------------------------------------

    \2\ Sec. 1102 amended secs. 2 and 11 of the Peace Corps Act (22 
U.S.C. 2501 and 2510, respectively).
---------------------------------------------------------------------------

SEC. 1103. LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT

    (a) * * *
    (b) \3\ Reports to Congress.--The Director of the Peace 
Corps shall, not later than January 1, 1986, submit to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \4\ of the House of Representatives a report 
describing the criteria to be applied by the Director in 
exercising the authority provided by the amendments made by 
subsection (a) to make appointments or assignments of 
individuals for periods of more than five years. Not later than 
each January 1 thereafter, the Director shall submit to the 
Committees referred to in the preceding sentence a report on--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2506 note.
    \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) the exercise of such authority during the 
        preceding fiscal year for each of the purposes 
        specified in paragraph (5) of section 7(a) of the Peace 
        Corps Act, as added by subsection (a) of this section; 
        and
          (2) the exercise during that fiscal year of the 
        authority under paragraph (6) of such section 7(a), as 
        added by subsection (a) of this section.

SEC. 1104. PEACE CORPS NATIONAL ADVISORY COUNCIL.

    (a) * * *
    (b) \5\ Termination of Similar Advisory Body.--Any advisory 
body carrying out functions similar to those assigned to the 
Peace Corps National Advisory Council provided for in 
subsection (a) shall cease to exist sixty days after the date 
of the enactment of this Act.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2511 note.
---------------------------------------------------------------------------
          * * * * * * *
      5. Independent Implementing Provisions of Public Law 89-134

  Partial text of Public Law 89-134 [S. 2045], 79 Stat. 549, approved 
                            August 24, 1965

          * * * * * * *


          The new Peace Corps personnel system provided for in 
        sec. 7 of the Peace Corps Act, as amended by sec. 4 of 
        Public Law 89-134 and sec. 302 of Public Law 96-53, is 
        to be implemented according to sec. 5 of Public Law 89-
        134 which is set forth below.



          * * * * * * *

    Sec. 5.\1\ (a) Section 4 of this Act shall not become 
effective until the first day of the fourth pay period which 
begins after the date this Act becomes law.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2506 note.
---------------------------------------------------------------------------
    (b) Under such regulations as the President may prescribe, 
each person employed under authorities repealed by section 4(a) 
of this Act immediately prior to the effective date of that 
section shall effective on that date be appointed a Foreign 
Service Reserve officer or Foreign Service staff officer or 
employee under the authority of section 7(a)(2) of the Peace 
Corps Act, as amended, and appointed or assigned to an 
appropriate class thereof; except that--
          (1) no person who holds a career or career-
        conditional appointment immediately prior to the 
        effective date of section 4(a) of this Act shall, 
        without his consent, be so appointed until three years 
        after such effective date; and
          (2) each person so appointed who, immediately prior 
        to the effective date of section 4(a) of this Act, held 
        a career or career-conditional appointment at grade 8 
        or below of the General Schedule established by the 
        Classification Act of 1949, as amended, shall receive 
        an appointment for the duration of operations under the 
        Peace Corps Act, as amended.
Each person appointed under this subsection shall receive basic 
compensation at the rate of his class determined by the 
President to be appropriate, but the rate of basic compensation 
received by such person immediately prior to the effective date 
of his appointment under this subsection shall not be reduced 
by the provisions of this subsection.
          * * * * * * *
                 6. Higher Education Amendments of 1986

 Partial text of Public Law 99-498 [S. 1965], 100 Stat. 1268, approved 
   October 17, 1986; amended by Public Law 102-325 [Higher Education 
Amendments of 1992; S. 1150], 106 Stat. 448, approved July 23, 1992 \1\

          * * * * * * *
    Sec. 465.\2\ (a) Cancellation of Percentage of Debt Based 
on Years of Qualifying Service.--(1) The percent specified in 
paragraphs (3) of this subsection of the total amount of any 
loan made after June 30, 1972, from a student loan fund 
assisted under this part shall be canceled for each complete 
year of service after such date by the borrower under 
circumstances described in paragraph (2).
---------------------------------------------------------------------------
    \1\ Public Law 102-325 amended and restated sec. 464 (20 U.S.C. 
1087dd), eliminating the terms and conditions for deferring the 
repayment of student loans for Peace Corps volunteers.
    \2\ 20 U.S.C. 1087ee.
---------------------------------------------------------------------------
    (2) Loans shall be canceled under paragraph (1) for 
service--
          * * * * * * *
          (E) \3\ as a volunteer under the Peace Corps Act or a 
        volunteer under the Domestic Volunteer Service Act of 
        1973;
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2501 note.
---------------------------------------------------------------------------
          * * * * * * *
             7. National and Community Service Act of 1990

Partial text of Public Law 101-610 [S. 1430], 104 Stat. 3127, approved 
    November 16, 1990; amended by Public Law 102-384 [National and 
community Service Technical Amendment Act of 1992; S. 3175], 106 Stat. 
1455, approved October 5, 1992; and by Public Law 103-82 [National and 
    Community Service Trust Act of 1993; H.R. 2010], 107 Stat. 785, 
                      approved September 21, 1993

    AN ACT To enhance national and community service, and for other 
                               purposes.

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

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

    (a) Short Title.--This Act may be cited as the ``National 
and Community Service Act of 1990''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 12401 note.


          Note.--Title I, subtitle E, of the National and 
        Community Service Act of 1990, relating to ``Innovative 
        and Demonstration Programs and Projects'', including 
        provisions for training and educational benefits 
        demonstration programs to be carried out under the 
        authority of the Director of the Peace Corps and the 
        Director of ACTION (part III; 42 U.S.C. 12611 et seq.) 
        was repealed by sec. 104(a) of the National and 
        Community Service Trust Act of 1993 (Public Law 103-82; 
        107 Stat. 840).
          Here follow sections of the National and Community 
        Service Act of 1990, as amended, that take into 
        consideration the participation of the Peace Corps, and 
        its returning volunteers, in programs of the 
        Corporation of National and Community Service.



          * * * * * * *

             SUBTITLE C--NATIONAL SERVICE TRUST PROGRAM \2\

                 PART I--INVESTMENT IN NATIONAL SERVICE

SEC. 121.\3\ AUTHORITY TO PROVIDE ASSISTANCE AND APPROVED NATIONAL 
                    SERVICE POSITIONS.

    (a) Provision of Assistance.--Subject to the availability 
of appropriations for this purpose, the Corporation for 
National and Community Service \4\ may make grants to States, 
subdivisions of States, Indian tribes, public or private 
nonprofit organizations, and institutions of higher education 
for the purpose of assisting the recipients of the grants--
---------------------------------------------------------------------------
    \2\ Added by sec. 101(b) of the National and Community Service 
Trust Act of 1993 (Public Law 103-82; 107 Stat. 788).
    \3\ 42 U.S.C. 12571.
    \4\ The Corporation for National and Community Service, established 
in sec. 191 of this Act, as amended by sec. 202(a) of Public Law 103-82 
(107 Stat. 873). For composition, authorities and functions of the 
Corporation, see 42 U.S.C. 12651, 42 U.S.C. 12651a-h, and notes.
---------------------------------------------------------------------------
          (1) to carry out full- or part-time national service 
        programs, including summer programs, described in 
        section 122(a); and
          (2) to make grants in support of other national 
        service programs described in section 122(a) that are 
        carried out by other entities.
          * * * * * * *

SEC. 122.\5\ TYPES OF NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM 
                    ASSISTANCE.

    (a) Eligible National Service Programs.--The recipient of a 
grant under section 121(a) and each Federal agency receiving 
assistance under section 121(b) shall use the assistance, 
directly or through subgrants to other entities, to carry out 
full- or part-time national service programs, including summer 
programs, that address unmet human, educational, environmental, 
or public safety needs. Subject to subsection (b)(1), these 
national service programs may include the following types of 
national service programs:
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 12572.
---------------------------------------------------------------------------
          (1) A community corps program that meets unmet human, 
        educational, environmental, or public safety needs and 
        promotes greater community unity through the use of 
        organized teams of participants of varied social and 
        economic backgrounds, skill levels, physical and 
        developmental capabilities, ages, ethnic backgrounds, 
        or genders.
          (2) A full-time, year-round youth corps program or 
        full-time summer youth corps program, such as a 
        conservation corps or youth service corps (including 
        youth corps programs under subtitle I, the Public Lands 
        Corps established under the Public Lands Corps Act of 
        1993, the Urban Youth Corps established under section 
        106 of the National and Community Service Trust Act of 
        1993, and other conservation corps or youth service 
        corps that performs service on Federal or other public 
        lands or on Indian lands or Hawaiian home lands), 
        that--
                  (A) undertakes meaningful service projects 
                with visible public benefits, including natural 
                resource, urban renovation, or human services 
                projects;
                  (B) includes as participants youths and young 
                adults between the ages of 16 and 25, 
                inclusive, including out-of-school youths and 
                other disadvantaged youths (such as youths with 
                limited basic skills, youths in foster care who 
                are becoming too old for foster care, youths of 
                limited-English proficiency, homeless youths, 
                and youths who are individuals with 
                disabilities) who are between those ages; and
                  (C) provides those participants who are 
                youths and young adults with--
                          (i) crew-based, highly structured, 
                        and adult-supervised work experience, 
                        life skills, education, career guidance 
                        and counseling, employment training, 
                        and support services; and
                          (ii) the opportunity to develop 
                        citizenship values and skills through 
                        service to their community and the 
                        United States.
          (3) A program that provides specialized training to 
        individuals in service-learning and places the 
        individuals after such training in positions, including 
        positions as service-learning coordinators, to 
        facilitate service-learning in programs eligible for 
        funding under part I of subtitle B.
          (4) A service program that is targeted at specific 
        unmet human, educational, environmental, or public 
        safety needs and that--
                  (A) recruits individuals with special skills 
                or provides specialized preservice training to 
                enable participants to be placed individually 
                or in teams in positions in which the 
                participants can meet such unmet needs; and
                  (B) if consistent with the purposes of the 
                program, brings participants together for 
                additional training and other activities 
                designed to foster civic responsibility, 
                increase the skills of participants, and 
                improve the quality of the service provided.
          (5) An individualized placement program that includes 
        regular group activities, such as leadership training 
        and special service projects.
          (6) A campus-based program that is designed to 
        provide substantial service in a community during the 
        school term and during summer or other vacation periods 
        through the use of--
                  (A) students who are attending an institution 
                of higher education, including students 
                participating in a work-study program assisted 
                under part C of title IV of the Higher 
                Education Act of 1965 (42 U.S.C. 2751 et seq.);
                  (B) teams composed of such students; or
                  (C) teams composed of a combination of such 
                students and community residents.
          (7) A preprofessional training program in which 
        students enrolled in an institution of higher 
        education--
                  (A) receive training in specified fields, 
                which may include classes containing service-
                learning;
                  (B) perform service related to such training 
                outside the classroom during the school term 
                and during summer or other vacation periods; 
                and
                  (C) agree to provide service upon graduation 
                to meet unmet human, educational, 
                environmental, or public safety needs related 
                to such training.
          (8) A professional corps program that recruits and 
        places qualified participants in positions--
                  (A) as teachers, nurses and other health care 
                providers, police officers, early childhood 
                development staff, engineers, or other 
                professionals providing service to meet 
                educational, human, environmental, or public 
                safety needs in communities with an inadequate 
                number of such professionals;
                  (B) that may include a salary in excess of 
                the maximum living allowance authorized in 
                subsection (a)(3) of section 140, as provided 
                in subsection (c) of such section; and
                  (C) that are sponsored by public or private 
                nonprofit employers who agree to pay 100 
                percent of the salaries and benefits (other 
                than any national service educational award 
                under subtitle D) of the participants.
          (9) A program in which economically disadvantaged 
        individuals who are between the ages of 16 and 24 years 
        of age, inclusive, are provided with opportunities to 
        perform service that, while enabling such individuals 
        to obtain the education and employment skills necessary 
        to achieve economic self-sufficiency, will help their 
        communities meet--
                  (A) the housing needs of low-income families 
                and the homeless; and
                  (B) the need for community facilities in low-
                income areas.
          (10) A national service entrepreneur program that 
        identifies, recruits, and trains gifted young adults of 
        all backgrounds and assists them in designing solutions 
        to community problems.
          (11) An intergenerational program that combines 
        students, out-of-school youths, and older adults as 
        participants to provide needed community services, 
        including an intergenerational component for other 
        national service programs described in this subsection.
          (12) A program that is administered by a combination 
        of nonprofit organizations located in a low-income 
        area, provides a broad range of services to residents 
        of such area, is governed by a board composed in 
        significant part of low-income individuals, and is 
        intended to provide opportunities for individuals or 
        teams of individuals to engage in community projects in 
        such area that meet unaddressed community and 
        individual needs, including projects that would--
                  (A) meet the needs of low-income children and 
                youth aged 18 and younger, such as providing 
                after-school ``safe-places'', including 
                schools, with opportunities for learning and 
                recreation; or
                  (B) be directed to other important 
                unaddressed needs in such area.
          (13) A community service program designed to meet the 
        needs of rural communities, using teams or individual 
        placements to address the development needs of rural 
        communities and to combat rural poverty, including 
        health care, education, and job training.
          (14) A program that seeks to eliminate hunger in 
        communities and rural areas through service in 
        projects--
                  (A) involving food banks, food pantries, and 
                nonprofit organizations that provide food 
                during emergencies;
                  (B) involving the gleaning of prepared and 
                unprepared food that would otherwise be 
                discarded as unusable so that the usable 
                portion of such food may be donated to food 
                banks, food pantries, and other nonprofit 
                organizations;
                  (C) seeking to address the long-term causes 
                of hunger through education and the delivery of 
                appropriate services; or
                  (D) providing training in basic health, 
                nutrition, and life skills necessary to 
                alleviate hunger in communities and rural 
                areas.
          (15) Such other national service programs addressing 
        unmet human, educational, environmental, or public 
        safety needs as the Corporation may designate.
          * * * * * * *

                PART III--NATIONAL SERVICE PARTICIPANTS

          * * * * * * *

SEC. 138.\6\ SELECTION OF NATIONAL SERVICE PARTICIPANTS.

    (a)-(c) * * *
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 12592.
---------------------------------------------------------------------------
    (d) Recruitment and Placement.--The Corporation and each 
State Commission shall establish a system to recruit 
individuals who desire to perform national service and to 
assist the placement of these individuals in approved national 
service positions, which may include positions available under 
titles I and II of the Domestic Volunteer Service Act of 1973 
(42 U.S.C. 4951 et seq.). The Corporation and State Commissions 
shall disseminate information regarding available approved 
national service positions through cooperation with secondary 
schools, institutions of higher education, employment service 
offices, State vocational rehabilitation agencies within the 
meaning of the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
seq.) and other State agencies that primarily serve individuals 
with disabilities, and other appropriate entities, particularly 
those organizations that provide outreach to disadvantaged 
youths and youths who are individuals with disabilities.
    (e) National Leadership Pool.--
          (1) Selection and training.--From among individuals 
        recruited under subsection (d), the Corporation may 
        select individuals with significant leadership 
        potential, as determined by the Corporation, to receive 
        special training to enhance their leadership ability. 
        The leadership training shall be provided by the 
        Corporation directly or through a grant or contract.
          (2) Emphasis on certain individuals.--In selecting 
        individuals to receive leadership training under this 
        subsection, the Corporation shall make special efforts 
        to select individuals who have served--
                  (A) in the Peace Corps;
                  (B) as VISTA volunteers;
                  (C) as participants in national service 
                programs receiving assistance under section 
                121;
                  (D) as participants in programs receiving 
                assistance under subtitle D of the National and 
                Community Service Act of 1990, as in effect on 
                the day before the date of enactment of this 
                subtitle; or
                  (E) as members of the Armed Forces of the 
                United States and who were honorably discharged 
                from such service.
          (3) Assignment.--At the request of a program that 
        receives assistance under the national service laws, 
        the Corporation may assign an individual who receives 
        leadership training under paragraph (1) to work with 
        the program in a leadership position and carry out 
        assignments not otherwise performed by regular 
        participants. An individual assigned to a program shall 
        be considered to be a participant of the program.
    (f) * * *
          * * * * * * *

     SUBTITLE G--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE \7\

SEC. 191.\8\ CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

    There is established a Corporation for National and 
Community Service that shall administer the programs 
established under this Act. The Corporation shall be a 
Government corporation, as defined in section 103 of title 5, 
United States Code.
---------------------------------------------------------------------------
    \7\ Subtitle G was amended and restated by sec. 202(a) of Public 
Law 103-82 (107 Stat. 873).
    \8\ 42 U.S.C. 12651.
---------------------------------------------------------------------------

SEC. 192.\9\ BOARD OF DIRECTORS.

    (a) Composition.--
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 12651a.
---------------------------------------------------------------------------
          (1) In general.--There shall be in the Corporation a 
        Board of Directors (referred to in this subtitle as the 
        ``Board'') that shall be composed of--
                  (A) 15 members, including an individual 
                between the ages of 16 and 25 who--
                          (i) has served in a school-based or 
                        community-based service-learning 
                        program; or
                          (ii) is or was a participant or a 
                        supervisor in a program;
        to be appointed by the President, by and with the 
        advice and consent of the Senate; and
                  (B) the ex officio nonvoting members 
                described in paragraph (3).
          (2) Qualifications.--To the maximum extent 
        practicable, the President shall appoint members--
                  (A) who have extensive experience in 
                volunteer or service activities, which may 
                include programs funded under one of the 
                national service laws, and in State government;
                  (B) who represent a broad range of 
                viewpoints;
                  (C) who are experts in the delivery of human, 
                educational, environmental, or public safety 
                services;
                  (D) so that the Board shall be diverse 
                according to race, ethnicity, age, gender, and 
                disability characteristics; and
                  (E) so that no more than 50 percent of the 
                appointed members of the Board, plus 1 
                additional appointed member, are from a single 
                political party.
          (3) Ex officio members.--The Secretary of Education, 
        the Secretary of Health and Human Services, the 
        Secretary of Labor, the Secretary of the Interior, the 
        Secretary of Agriculture, the Secretary of Housing and 
        Urban Development, the Secretary of Defense, the 
        Attorney General, the Director of the Peace Corps, the 
        Administrator of the Environmental Protection Agency, 
        and the Chief Executive Officer shall serve as ex 
        officio nonvoting members of the Board.
          * * * * * * *

           SUBTITLE H--INVESTMENT FOR QUALITY AND INNOVATION

SEC. 198.\10\ ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL 
                    SERVICE.

    (a)-(g) * * *
---------------------------------------------------------------------------
    \10\ 42 U.S.C. 12653. Subtitle H was added by sec. 104(c) of Public 
Law 103-82 (107 Stat. 840).
---------------------------------------------------------------------------
    (h) Peace Corps and VISTA Training.--The Corporation may 
provide training assistance to selected individuals who 
volunteer to serve in the Peace Corps or a program authorized 
under title I of the Domestic Volunteer Service Act of 1973 (42 
U.S.C. 4951 et seq.). The training shall be provided as part of 
the course of study of the individual at an institution of 
higher education, shall involve service-learning, and shall 
cover appropriate skills that the individual will use in the 
Peace Corps or VISTA.
    (i)-(r) * * *
          * * * * * * *

SEC. 198D.\11\ SPECIAL DEMONSTRATION PROJECT.

    (a) Special Demonstration Project for the Yukon-Kuskokwim 
Delta of Alaska.--The President may award grants to, and enter 
into contracts with, organizations to carry out programs that 
address significant human needs in the Yukon-Kuskokwim delta 
region of Alaska.
---------------------------------------------------------------------------
    \11\ 42 U.S.C. 12653d.
---------------------------------------------------------------------------
    (b) Application.--
          (1) General requirements.--To be eligible to receive 
        a grant or enter into a contract under subsection (a) 
        with respect to a program, an organization shall submit 
        an application to the President at such time, in such 
        manner, and containing such information as the 
        President may require.
          (2) Contents.--The application submitted by the 
        organization shall, at a minimum--
                  (A) include information describing the manner 
                in which the program will utilize VISTA 
                volunteers, individuals who have served in the 
                Peace Corps, and other qualified persons, in 
                partnership with the local nonprofit 
                organizations known as the Yukon-Kuskokwim 
                Health Corporation and the Alaska Village 
                Council Presidents;
                  (B) take into consideration--
                          (i) the primarily noncash economy of 
                        the region; and
                          (ii) the needs and desires of 
                        residents of the local communities in 
                        the region; and
                  (C) include specific strategies, developed in 
                cooperation with the Yupi'k speaking population 
                that resides in such communities, for 
                comprehensive and intensive community 
                development for communities in the Yukon-
                Kuskokwim delta region.
          * * * * * * *
       8. The Peace Corps--Establishment as Agency Within ACTION

  Executive Order 12137, May 16, 1979, 44 F.R. 29023, 22 U.S.C. 2501 
  note; as amended by Executive Order 12245, October 6, 1980, 45 F.R. 
  66769; and by Executive Order 12399, December 31, 1982, 48 F.R. 379

    By virtue of the authority vested in me by the Peace Corps 
Act, as amended (22 U.S.C. 2501-2523) and Section 301 of Title 
3 of the United States Code, and as President of the United 
States of America, it is hereby ordered as follows:

1-1. Peace Corps.

    1-101. The Peace Corps, which was established as an agency 
in the Department of State pursuant to Executive Order No. 
10924 of March 1, 1961 (26 FR 1789), which was continued in 
existence in that Department under the Peace Corps Act (the 
``Act'') pursuant to Section 102 of Executive Order No. 11041 
of August 6, 1962 (27 FR 7859), and which was transferred to 
and continued as a component of ACTION by Executive Order No. 
11603 of June 30, 1971 (36 FR 12675), shall be an agency within 
ACTION pursuant to the provisions of this Order.
    1-102. All references to the ``Director'' in Part 1-1 of 
this Order shall refer to the Director of the Peace Corps for 
whom provision is made in Section 4(a) of the Act (22 U.S.C. 
2503).
    1-103. Exclusive of the functions otherwise delegated by or 
reserved to the President by this Order, and subject to the 
provisions of this Order, there are hereby delegated to the 
Director all functions conferred upon the President by the Act 
and by Section 2(b) of Reorganization Plan No. 1 of 1971.
    1-104. The function of determining the portion of living 
allowances constituting basic compensation, conferred upon the 
President by Section 201(a) of Public Law 87-293 (26 U.S.C. 
912(3)), is hereby delegated to the Director and shall be 
performed in consultation with the Secretary of the Treasury.
    1-105. The functions of prescribing regulations and making 
determinations (relating to appointment of Peace Corps 
employees in the Foreign Service System), conferred upon the 
President by Section 5 of Public Law 89-135 (79 Stat. 551), are 
hereby delegated to the Director.
    1-106. The functions of prescribing conditions, conferred 
upon the President by the second sentence of Section 5(e), as 
amended (22 U.S.C. 2504(e)), and the third proviso of Section 6 
of the Act (22 U.S.C. 2505) (relating to providing health care 
in Government facilities) and hereinabove delegated to the 
Director, shall be exercised in consultation with the head of 
the United States Government agency responsible for the 
facility.
    1-107. The reports required by Section 11 of the Act, as 
amended (22 U.S.C. 2510), shall be prepared by the Director and 
submitted to the Congress through the President.
    1-108. Subject to applicable provisions of law, all funds 
appropriated or otherwise made available to the President for 
carrying out the provisions of the Act shall be deemed to be 
allocated without any further action of the President to the 
Director or to such subordinate officer as the Director may 
designate. The Director or such officer may allocate or 
transfer, as appropriate, any of such funds to any United 
States Government agency or part thereof for obligation or 
expenditures thereby consistent with applicable law.
    1-109. Nothing in this Order shall be deemed to impair or 
limit the powers or functions vested in the Secretary of State 
by the Act.
    1-110. The negotiation, conclusion, and termination of 
international agreements pursuant to the Act shall be under the 
direction of the Secretary of State.
    1-111. Any substantial change in policies in effect on the 
date of this Order for the utilization of the Foreign Service 
Act of 1946, as amended, pursuant to Section 7 of the Act (22 
U.S.C. 2506), shall be coordinated with the Secretary of State.
    1-112. The Director shall consult and coordinate with the 
Director of ACTION to assure that the functions delegated to 
the Director by this Order are carried out consistently with 
the functions conferred upon the Director of ACTION by the 
Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
seq.), (``Volunteer Service Act''), Reorganization Plan No. 1 
of 1971 and this Order.

1-2. The Peace Corps Advisory Council.\1\ * * * [Revoked--1982]
---------------------------------------------------------------------------

    \1\ Sec. 4(k) of Executive Order 12399 revoked sec. 1-2, which had 
established the Peace Corps Advisory Council.
---------------------------------------------------------------------------

1-3. Reservation of Functions to the President.

    1-301. There are hereby excluded from the delegations made 
by Section 1-1 of this Order the following powers and functions 
of the President:
          (a) All authority conferred by Sections 4(b), 
        4(c)(2), 4(c)(3), 10(d), and 18 of the Act (22 U.S.C. 
        2503(b), (C)(2), (C)(3), 2509(d), and 2517).
          (b) The authority conferred by Section 4(a) of the 
        Act (22 U.S.C. 2503(a)) to appoint the Director and the 
        Deputy Director of the Peace Corps.
          (c) The authority conferred on the President by 
        Section 5(f)(1)(B) of the Act (22 U.S.C. 
        2504(f)(1)(B)).
          (d) The authority conferred by Section 10(f) of the 
        Act (22 U.S.C. 2509(f)) to direct any agency of the 
        United States Government to provide services, 
        facilities, and commodities to officers carrying out 
        functions under the Act.
          (e) The authority conferred by Section 19 of the Act 
        (22 U.S.C. 2518) to adopt and alter an official seal or 
        emblem of the Peace Corps.

1-4. Incidental Provisions.

    1-401. Persons appointed, employed, or assigned under 
Section 7(a) of the Act (22 U.S.C. 2506(a)) shall not, unless 
otherwise agreed by the agency in which such benefits may be 
exercised, be entitled to the benefits provided by Section 528 
of the Foreign Service Act of 1946 (22 U.S.C. 928) in cases in 
which their service under the appointment, employment, or 
assignment exceeds thirty months.
    1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 
2509(d)), it is hereby determined to be in furtherance of the 
purposes of the Act that functions authorized thereby may be 
performed without regard to the applicable laws specified in 
Sections 1 and 2 of Executive Order No. 11223 of May 12, 1965, 
and with or without consideration as specified in Section 3 of 
that Order, but subject to the limitations set forth in that 
Order.
    1-403. As used in this Order, the words ``Volunteers,'' 
``functions,'' ``United States,'' and ``United States 
Government agency'' shall have the same meanings, respectively, 
as they have under the Act.

1-5. National Voluntary Action Program.

    1-501. The National Voluntary Action Program to encourage 
and stimulate more widespread and effective voluntary action 
for solving public domestic problems, established in the 
Executive Branch of the Government by Section 1 of Executive 
Order No. 11470 of May 26, 1969, is continued in ACTION. That 
program shall supplement corresponding action by private and 
other non-Federal organizations as the National Center for 
Voluntary Action. As used in this Order, the term ``voluntary 
action'' means the contribution or application of 
nongovernmental resources of all kinds (time, money, goods, 
services, and skills) by private and other organizations of all 
types (profit and nonprofit, national and local, occupational, 
and altruistic) and by individual citizens.

1-6. Direction of ACTION.

    1-601. In addition to the functions vested in the Director 
of ACTION by the Domestic Volunteer Service Act of 1973 (42 
U.S.C., Section 4951 et seq.), Reorganization Plan No. 1 of 
1971, and Section 1-401 of this Order, the Director of ACTION 
shall:
          (a) Encourage local, national and international 
        voluntary activities directed toward the solution or 
        mitigation of community problems.
          (b) Provide for the development and operation of a 
        clearinghouse for information on Government programs 
        designed to foster voluntary action.
          (c) Initiate proposals for the greater and more 
        effective application of voluntary action in connection 
        with Federal programs, and coordinate, as consistent 
        with law, Federal activities involving such action.
          (d) Make grants of seed money, as authorized by law, 
        for stimulating the development or deployment of 
        innovative voluntary action programs directed toward 
        community problems.
    1-602. The head of each Federal department and agency, or a 
designated representative, when so requested by the Director of 
ACTION or the Director of the Peace Corps, shall, to the extent 
permitted by law and funds available, furnish information and 
assistance, and participate in all ways appropriate to carry 
out the objectives of this Order, the Domestic Volunteer 
Service Act of 1973 and Reorganization Plan No. 1 of 1971.
    1-603. The head of each Federal department agency shall, 
when so requested by the Director of ACTION, designate a senior 
official to have primary and continuing responsibility for the 
participation and cooperation of that department or agency in 
matters concerning voluntary action.
    1-604. The head of each Federal department or agency, or a 
designated representative, shall keep the Director of ACTION 
informed of proposed budgets, plans, and programs of that 
department or agency affecting voluntary action programs.
    1-605. Under the direction of the President and subject to 
the responsibilities of the Secretary of State, the Director of 
ACTION shall be responsible for the general direction of those 
ACTION functions, which jointly serve ACTION domestic volunteer 
components and the Peace Corps, and for advising the Director 
of the Peace Corps to ensure that the functions delegated under 
this Order to the Director of the Peace Corps are carried out.

1-7. General Provisions.

    1-701. Except to the extent that they may be inconsistent 
with this Order, all determinations, authorizations, 
regulations, rulings, certifications, orders, directives, 
contracts, agreements and other actions made, issued or entered 
into with respect to any function affected by this Order and 
not revoked, superseded, or otherwise made inapplicable before 
the effective date of this Order shall continue in full force 
and effect until amended, modified, or terminated by 
appropriate authority.
    1-702. Except as otherwise expressly provided herein, 
nothing in this Order shall be construed as subjecting any 
department, establishment, or other instrumentality of the 
Executive Branch of the Federal Government or the head thereof, 
or any function vested by law in or assigned pursuant to law to 
any such agency or head, to the authority of any other agency 
or head or as abrogating, modifying, or restricting any such 
function in any manner.
    1-703. So much of the personnel, property, records, and 
unexpended balances or appropriations, allocations, and other 
funds employed, used, held, available, or to be made available 
in connection with the functions assigned to the Director of 
the Peace Corps or to the Director of ACTION by this Order as 
the Director of the Office of Management and Budget shall 
determine, shall be transferred to the Director of the Peace 
Corps or the Director of ACTION at such time or times as the 
Director of the Office of Management and Budget shall direct.
    1-704. To the extent permitted by law, such further 
measures and dispositions as the Director of the Office of 
Management and Budget shall deem to be necessary in order to 
effectuate the provisions of this Order shall be carried out by 
such agencies as the Director of the Office of Management and 
Budget shall specify.
    1-705. The authority conferred by Sections 1-703 and 1-704 
of this Order shall supplement, not limit, the provisions of 
Section 1-108 of this Order.
    1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 
are hereby superseded.
    1-707. This Order shall become effective May 16, 1979.
 9. Providing for the Appointment of Former Peace Corps Volunteers to 
                      the Civilian Career Service

  Executive Order 11103, April 10, 1963, 28 F.R. 3571, 22 U.S.C. 2504 
note; amended by Executive Order 12107, December 28, 1978, 44 F.R. 1055

    By virtue of the authority vested in me by the Civil 
Service Act (22 Stat. 403), and section 1753 of the Revised 
Statutes, and as President of the United States, it is hereby 
ordered as follows:
    Sec. 1. Under such regulations as the Office of Personnel 
Management \1\ may prescribe, the head of any agency in the 
Executive Branch may appoint in the competitive service any 
person who is certified by the Director of the Peace Corps as 
having served satisfactorily as a Volunteer or Volunteer Leader 
under the Peace Corps Act and who passes such examination as 
the Office of Personnel Management \1\ may prescribe. Any 
person so appointed shall, upon completion of the prescribed 
probationary period, acquire a competitive status.
---------------------------------------------------------------------------
    \1\ Executive Order 12107 (44 F.R. 1055) struck out ``Civil Service 
Commission'' and inserted in lieu thereof ``Office of Personnel 
Management''.
---------------------------------------------------------------------------
    Sec. 2. The head of any agency in the Executive Branch 
having an established merit system in the excepted service may 
appoint in such service any person who is certified by the 
Director of the Peace Corps as having served satisfactorily as 
a Volunteer or Volunteer Leader under the Peace Corps Act and 
who passes such examination as such agency head may prescribe.
    Sec. 3. Certificates of satisfactory service for the 
purpose of this Order shall be issued only to persons who have 
completed a full term of service (approximately two years) 
under the Peace Corps Act: Provided, That such certificates may 
be issued to persons who have completed a lesser period of 
satisfactory service if, in the judgment of the Director of the 
Peace Corps, (1) their service was of sufficient duration to 
demonstrate their capability to complete satisfactorily a full 
term, and (2) their failure to complete a full term was due to 
circumstances beyond their control.
    Sec. 4. Any appointment under this Order shall be effected 
within a period of one year after completion of the appointee's 
service under the Peace Corps Act: Provided, That such period 
may be extended to not more than three years in the case of 
persons who, following such service, are engaged in military 
service, in the pursuit of studies at a recognized institution 
of higher learning, or in other activities which, in the view 
of the appointing authority, warrant an extension of such 
period.
    Sec. 5. Any law, Executive Order, or regulation which would 
disqualify an applicant for appointment in the competitive 
service or in the excepted service concerned shall also 
disqualify an applicant for appointment under this Order.
                               Appendix I


          Note.--Appendix I lists Public Laws included in 
        Legislation on Foreign Relations Through 2005, either 
        as freestanding law or in amendments, arranged by 
        Public Law number with corresponding short title or 
        popular name.




 
------------------------------------------------------------------------
Public Law
    No.                              Short Title
------------------------------------------------------------------------
109-169     United States-Bahrain Free Trade Agreement Implementation
             Act
109-167     Passport Services Enhancement Act of 2005
109-165     Torture Victims Relief Reauthorization Act of 2005
109-164     Trafficking Victims Protection Reauthorization Act of 2005
109-163     National Defense Authorization Act for Fiscal Year 2006
109-163     United States Policy in Iraq Act (section 1227)
109-163     Detainee Treatment Act of 2005 (title XIV)
109-159     Transfer of Items To War Reserves Stockpile for Allies,
             Korea
109-148     Department of Defense, Emergency Supplemental Appropriations
             To Address Hurricanes in the Gulf of Mexico, and Pandemic
             Influenza Act, 2006
109-148     Department of Defense Appropriations Act, 2006 (division A)
109-148     Emergency Supplemental Appropriations Act To Address
             Hurricanes in the Gulf of Mexico and Pandemic Influenza
             Act, 2006 (division B)
109-140     To Provide Certain Authorities for the Department of State
109-134     Naval Vessels Transfer Act of 2005
109-121     Senator Paul Simon Water for the Poor Act of 2005
109-112     Iran Nonproliferation Amendments Act of 2005
109-108     Science, State, Justice, Commerce, and Related Agencies
             Appropriations Act, 2006
109-108     Department of State and Related Agencie Appropriations Act,
             2006 (title IV)
109-102     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2006
109-97      Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2006
109-95      Assistance for Orphans and Other Vulnerable Children in
             Developing Countries Act of 2005
109-77      Continuing Appropriations, Fiscal Year 2006
109-58      Energy Policy Act of 2005
109-54      Department of the Interior, Environment, and Related
             Agencies Appropriations Act, 2006
109-53      Dominican Republic-Central America-United States Free Trade
             Agreement Implementation Act
109-39      Renewal of Import Restrictions--Burmese Freedom and
             Democracy Act of 2003
109-13      Emergency Supplemental Appropriations Act for Defense, the
             Global War on Terror, and Tsunami Relief, 2005
108-497     Comprehensive Peace in Sudan Act of 2004
108-484     Microenterprise Results and Accountability Act of 2004
108-458     Intelligence Reform and Terrorism Prevention Act of 2004
108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
             7104)
108-447     Consolidated Appropriations Act, 2005
108-447     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2005 (division D)
108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
             143)
108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
             J, title I)
108-429     Miscellaneous Trade and Technical Corrections Act of 2004
108-375     Ronald W. Reagan National Defense Authorization Act for
             Fiscal Year 2005
108-370     Prevention of Child Abduction Partnership Act
108-347     Belarus Democracy Act of 2004
108-333     North Korean Human Rights Act of 2004
108-332     Global Anti-Semitism Review Act of 2004
108-323     Tropical Forest Conservation Act Reauthorization
108-302     United States-Morocco Free Trade Agreement Implementation
             Act
108-297     Cape Town Treaty Implementation Act of 2004
108-286     United States-Australia Free Trade Agreement Implementation
             Act
108-283     Northern Uganda Crisis Response Act
108-274     AGOA Acceleration Act of 2004
108-272     Approving the Renewal of Import Restrictions--Burma
108-266     Marine Turtle Conservation Act of 2004
108-235     Taiwan's Participation in the World Health Organization
108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
             Environment Cooperation Commission and North American
             Development Bank
108-200     Congo Basin Forest Partnership Act of 2004
108-199     Consolidated Appropriations, 2004
108-199     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2004 (division D)
108-199     HELP Commission Act (division B, sec. 637)
108-199     Millennium Challenge Act of 2003 (division D, title VI)
108-175     Syria Accountability and Lebanese Sovereignty Restoration
             Act of 2003
108-136     National Defense Authorization Act for Fiscal Year 2004
108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106     Emergency Supplemental Appropriations Act for Defense and
             for the Reconstruction of Iraq and Afghanistan, 2004
108-77      United States-Chile Free Trade Agreement Implementation Act
108-31      Microenterprise Report to Congress
108-28      Taiwan's Participation in the World Health Organization
108-25      United States Leadership Against HIV/AIDS, Tuberculosis, and
             Malaria Act of 2003
108-19      Clean Diamond Trade Act
108-11      Emergency Wartime Supplemental Appropriations Act, 2003
108-7       Consolidated Appropriations, 2003
107-365     Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327     Afghanistan Freedom Support Act of 2002
107-314     Bob Stump National Defense Authorization Act for Fiscal Year
             2003
107-258     Persian Gulf POW/MIA Accountability Act of 2002
107-246     Russian Democracy Act of 2002
107-245     Sudan Peace Act
107-243     Authorization for Use of Military Force Against Iraq
             Resolution of 2002
107-228     Foreign Relations Authorization Act, Fiscal Year 2003
107-228     Department of State Authorization Act, Fiscal Year 2003
             (division A)
107-228     Security Assistance Act of 2002 (division B)
107-228     Middle East Peace Commitments Act of 2002 (division A, title
             VI, subtitle A)
107-228     Tibetan Policy Act of 2002 (division A, title VI, subtitle
             B)
107-228     East Timor Transition to Independence Act of 2002 (division
             A, title VI, subtitle C)
107-228     Clean Water for the Americas Partnership Act of 2002
             (division A, title VI, subtitle D)
107-228     Freedom Investment Act of 2002 (division A, title VI,
             subtitle E)
107-228     Russian Federation Debt for Nonproliferation Act of 2002
             (division B, title XIII, subtitle B)
107-228     Nonproliferation Assistance Coordination Act of 2002
             (division B, title XIII, subtitle C)
107-228     Iran Nuclear Proliferation Prevention Act of 2002 (division
             B, title XIII, subtitle D)
107-210     Trade Act of 2002
107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206     2002 Supplemental Appropriations Act for Further Recovery
             From and Response to Terrorist Attacks on the United States
107-206     American Servicemembers Protection Act (title II)
107-197     Terrorist Bombings Convention Implementation Act of 2002
107-189     Export-Import Bank Reauthorization Act of 2002
107-187     Gerald B. H. Solomon Freedom Consolidation Act of 2002
107-173     Ehanced Border Security and Visa Entry Reform Act of 2002
107-148     Radio Free Afghanistan Act
107-141     Asian Elephant Conservation Reauthorization Act of 2002
107-117     Department of Defense and Emergency Supplemental
             Appropriations for Recovery From and Response To Terrorist
             Attacks on the United States Act, 2002
107-115     Kenneth M. Ludden Foreign Operations, Export Financing and
             Related Programs Appropriations Act, 2002
107-112     Rhinoceros and Tiger Conservation Reauthorization Act of
             2001
107-111     African Elephant Conservation Reauthorization Act of 2001
107-107     National Defense Authorization Act for Fiscal Year 2002
107-99      Zimbabwe Democracy and Economic Recovery Act of 2001
107-81      Afghan Women and Children Relief Act of 2001
107-56      Uniting and Strengthening America By Providing Appropriate
             Tools Required To Intercept and Obstruct Terrorism (USA
             PATRIOT ACT) Act of 2001
107-56      International Money Laundering Abatement and Financial Anti-
             Terrorism Act of 2001 (title III)
107-43      United States-Jordan Free Trade Area Implementation Act
107-40      Authorization for Use of Military Force [international
             terrorism]
107-39      Condemnation of Terrorist Attacks
107-24      ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
106-570     Assistance for International Malaria Control Act
106-570     International Malaria Control Act (title I)
106-570     United States-Macau Policy Act of 2000 (title II)
106-570     Pacific Charter Commission Act of 2000 (title IV)
106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
106-567     Intelligence Authorization Act for Fiscal Year 2001
106-567     Japanese Imperial Government Disclosure Act of 2000 (title
             VIII)
106-557     Shark Finning Prohibition Act
106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
             Management and Marine Mammal Rescue Assistance Act of 2000
106-554     Consolidated Appropriations Act, 2001
106-554     Vietnam Education Foundation Act of 2000 (title II)
106-553     Department of State and Related Agency Appropriations Act,
             2001
106-531     Reports Consolidation Act of 2000
106-484     Bring Them Home Alive Act of 2000
106-476     Tariff Suspension and Trade Act of 2000
106-450     Yukon River Salmon Act of 2000
106-429     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2001
106-411     Great Ape Conservation Act of 2000
106-398     Floyd D. Spence National Defense Authorization Act for
             Fiscal Year 2001
106-387     Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2001
106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
             (title IX)
106-386     Victims of Trafficking and Violence Protection Act of 2000
106-386     Trafficking Victims Protection Act of 2000 (division A)
106-373     Famine Prevention and Freedom From Hunger Improvement Act of
             2000
106-346     National Terrorist Asset Trading Center
106-309     Microenterprise for Self-Reliance and International Anti-
             Corruption Act of 2000
106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
106-309     International Anti-Corrpution and Good Governance Act of
             2000 (title II)
106-309     International Academic Opportunities Act of 2000 (title III)
106-309     Support for Overseas Cooperative Development Act (sec. 401)
106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
106-286     U.S.-China Relations Act of 2000
106-280     Security Assistance Act of 2000
106-279     Intercountry Adoption Act of 2000
106-264     Global AIDS and Tuberculosis Relief Act of 2000
106-264     Global AIDS Research and Relief Act of 2000 (title I)
106-264     International Tuberculosis Control Act of 2000 (title II)
106-256     Oceans Act of 2000
106-247     Neotropical Migratory Bird Conservation Act
106-212     American Institute in Taiwan Facilities Enhancement Act
106-200     Trade and Development Act of 2000
106-200     African Growth and Opportunity Act (title I)
106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178     Iran Nonproliferation Act of 2000
106-158     Export Enhancement Act of 1999
106-120     Intelligence Authorization Act for Fiscal Year 2000
106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
106-113     Consolidated Appropriations, Fiscal Year 2000
106-113     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2000 (H.R. 3422, enacted by reference)
106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
             by reference)
106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
             Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
             enacted by reference)
106-113     Secure Embassy Construction and Counterterrorism Act of 1999
             (title VI, division A, H.R. 3427, enacted by reference)
106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
             VIII, division A, H.R. 3427, enacted by reference)
106-113     United Nations Reform Act of 1999 (title IX, division A,
             H.R. 3427, enacted by reference)
106-113     Arms Control, Nonproliferation, and Security Assistance Act
             of 1999 (division B, H.R. 3427, enacted by reference)
106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
             division B, H.R. 3427, enacted by reference)
106-113     National Security and Corporate Fairness under the
             Biological Weapons Convention Act (chapter 2, subtitle A,
             title XI, division B, H.R. 3427, enacted by reference)
106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
             enacted by reference)
106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
             XII, H.R. 3427, enacted by reference)
106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
             E, title XII, H.R. 3427, enacted by reference)
106-113     International Arms Sales Code of Conduct Act of 1999
             (subtitle F, title XII, H.R. 3427, enacted by reference)
106-108     Arctic Tundra Habitat Emergency Conservation Act
106-87      Torture Victims Relief Reauthorization Act of 1999
106-79      Department of Defense Appropriations Act, 2000
106-65      National Defense Authorization Act for Fiscal Year 2000
106-65      Panama Canal Commission Authorization Act for Fiscal Year
             2000 (title XXXV)
106-38      National Missile Defense Act of 1999
106-36      Miscellaneous Trade and Technical Corrections Act of 1999
106-35      Western Hemisphere Drug Elimination Technical Corrections
             Act
106-30      Peace Corps Reauthorization
105-385     Africa: Seeds of Hope Act of 1998
105-384     Governing International Fisheries Agreement with Poland
105-382     Department of State Special Agents Retirement Act of 1998
105-366     International Anti-Bribery and Fair Competition Act of 1998
105-362     Federal Reports Elimination Act of 1998
105-338     Iraq Liberation Act of 1998
105-323     Extradition Treaties Interpretation Act of 1998
105-319     Irish Peace Process Cultural and Training Program Act of
             1998
105-312     Rhinoceros and Tiger Conservation Act of 1998
105-303     Commercial Space Act of 1998
105-292     International Religious Freedom Act of 1998
105-277     Omnibus Consolidated and Emergency Supplemental
             Appropriations Act for Fiscal Year 1999
105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
             A, sec. 101(h), title IX)
105-277     Trade Deficit Review Commission Act (division A, sec. 127)
105-277     Office of National Drug Control Policy Reauthorization Act
             of 1998 (division C, title VII)
105-277     Western Hemisphere Drug Elimination Act (division C, title
             VIII)
105-277     Foreign Affairs Reform and Restructuring Act of 1998
             (division G)
105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
             G, subdivision A)
105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
             1999 (division G, subdivision B)
105-277     United Nations Reform Act of 1998 (division G, subdivision
             C)
105-277     European Security Act of 1998 (division G, title XXVII)
105-277     Chemical Weapons Convention Implementation Act of 1998
             (division I)
105-262     Department of Defense Appropriations Act, 1999
105-261     Strom Thurmond National Defense Authorization Act for Fiscal
             Year 1999
105-261     Defense Against Weapons of Mass Destruction Act of 1998
             (title XIV)
105-261     Panama Canal Commission Authorization Act for Fiscal Year
             1999 (title XXXV)
105-261     Radio Free Asia Act of 1998 (title XXXIX)
105-246     Nazi War Crimes Disclosure Act
105-235     Finding the Government of Iraq in Unacceptable and Material
             Breach of Its International Obligations
105-217     African Elephant Conservation Reauthorization Act of 1998
105-194     Agriculture Export Relief Act of 1998
105-186     U.S. Holocaust Assets Commission Act of 1998
105-174     1998 Supplemental Appropriations and Rescissions Act
105-173     International Parental Kidnapping Crime Act
105-158     Holocaust Victims Redress Act
105-119     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1998
105-107     Intelligence Authorization Act for Fiscal Year 1998
105-100     Nicaraguan Adjustment and Central American Relief Act (title
             II)
105-96      Asian Elephant Conservation Act of 1997
105-85      National Defense Authorization Act for Fiscal Year 1998
105-42      International Dolphin Conservation Program Act
104-319     Human Rights, Refugee, and Other Foreign Relations
             Provisions Act of 1996
104-309     Records Relating to Nazi War Crimes
104-297     Sustainable Fisheries Act
104-293     Intelligence Authorization Act for Fiscal Year 1997
104-293     Combatting Proliferation of Weapons of Mass Destruction Act
             of 1996 (title VII)
104-269     Release of USIA Materials: VOA, Radio Marti Recordings
104-264     Federal Aviation Reauthorization Act of 1996
104-227     Antarctic Science, Tourism, and Conservation Act of 1996
104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
104-208     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1997 (title I, sec. 101(c))
104-203     Most-Favored-Nation Treatment for Cambodia
104-201     National Defense Authorization Act for Fiscal Year 1997
104-201     Defense Against Weapons of Mass Destruction Act of 1996
             (title XIV)
104-201     Panama Canal Commission Authorization Act for Fiscal Year
             1997 (title XXXV, subtitle A)
104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
104-172     Iran and Libya Sanctions Act of 1996
104-171     Most-Favored-Nation Treatment for Romania
104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
             1997
104-162     Most-Favored-Nation Treatment for People's Republic of
             Bulgaria
104-161     Release of USIA Materials: ``Fragile Ring of Life''
104-132     Antiterrorism and Effective Death Penalty Act of 1996
104-127     Federal Agriculture Improvement and Reform Act of 1996
104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
             1996
104-106     National Defense Authorization Act for Fiscal Year 1996
104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
104-93      Intelligence Authorization Act for Fiscal Year 1996
104-72      Au Pair Extension
104-66      Federal Reports Elimination and Sunset Act of 1995
104-45      Jerusalem Embassy Act of 1995
104-43      Fisheries Act of 1995
104-43      High Seas Fishing Compliance Act of 1995 (title I)
104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
             II)
104-43      Atlantic Tunas Convention Act of 1995 (title III)
104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
             VI)
104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
             Year 1997
104-6       Emergency Supplemental Appropriations and Rescissions for
             the Department of Defense to Preserve and Enhance Military
             Readiness Act of 1995
104-6       Mexican Debt Disclosure Act of 1995 (title IV)
103-465     Uruguay Rounds Agreements Act
103-465     Export Enhancement Program Amendments of 1994 (title IV,
             subtitle A, part II, sec. 411(a))
103-447     International Narcotics Control Corrections Act of 1994
103-447     NATO Participation Act of 1994 (title II)
103-423     United States Policy Toward Haiti
103-416     Visa for Officials of Taiwan
103-392     Jobs Through Trade Expansion Act of 1994
103-391     Rhinoceros and Tiger Conservation Act of 1994
103-381     African Conflict Resolution Act
103-372     To Provide for an Investigation of the Whereabouts of U.S.
             Citizens Missing From Cyprus Since 1974
103-337     National Defense Authorization Act for Fiscal Year 1995
103-306     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1995
103-294     Helsinki Human Rights Day
103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
             1995
103-236     Mike Mansfield Fellowship Act (title II, part C)
103-236     United States International Broadcasting Act of 1994 (title
             III)
103-236     Spoils of War Act of 1994 (title V, part B)
103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
103-236     Cambodian Genocide Justice Act (title V, part D)
103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
             part A)
103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
103-236     Protection and Reduction of Government Secrecy Act (title
             IX)
103-206     Coast Guard Authorization Act of 1993
103-199     Act For Reform in Emerging New Democracies and Support and
             Help for Improved Partnership with Russia, Ukraine, and
             Other New Independent States (FRIENDSHIP Act)
103-182     North American Free Trade Agreement Implementation Act
103-160     National Defense Authorization Act for Fiscal Year 1994
103-160     Cooperative Threat Reduction Act of 1993 (title XII)
103-160     Defense Conversion, Reinvestment, and Transition Assistance
             Amendments of 1993 (title XIII)
103-160     National Shipbuilding and Shipyard Conversion Act of 1993
             (title XIII, subtitle D)
103-160     Panama Canal Commission Authorization Act for Fiscal Year
             1994 (title XXXV)
103-158     Act to Honor the Victims of the Bombing of Panam Flight 103
103-149     South African Democratic Transition Support Act of 1993
103-133     Nondiscriminatory Treatment Toward Products of Romania
103-125     Middle East Peace Facilitation Act of 1993
102-588     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1993
102-587     Oceans Act of 1992
102-587     North Pacific Anadromous Stocks Convention Act of 1992
             (title VIII)
102-582     High Seas Driftnet Fisheries Enforcement Act
102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
             III)
102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
102-565     Peace Corps Authorization for Fiscal Year 1993
102-549     Jobs Through Exports Act of 1992
102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
102-549     Enterprise for the Americas Act of 1992 (title VI)
102-532     Enterprise for the Americas Initiative Act of 1992
102-523     International Dolphin Conservation Act of 1992
102-511     Freedom for Russia and Emerging Eurasian Democracies and
             Open Markets Support Act of 1992 (FREEDOM Support Act)
102-509     Soviet Scientists Immigration Act of 1992
102-486     Energy Policy Act of 1992
102-484     National Defense Authorization Act for Fiscal Year 1993
102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
102-484     Cuban Democracy Act of 1992 (title XVII)
102-484     Panama Canal Commission Authorization Act for Fiscal Year
             1993 (title XXXV)
102-454     Distribution of USIA Materials
102-450     Asian/Pacific American Heritage Month--Designation
102-429     Export Enhancement Act of 1992
102-420     Withdrawal of MFN From Serbia and Montenegro
102-404     Chinese Student Protection Act of 1992
102-396     Department of Defense Appropriations Act, 1993
102-391     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1993
102-383     United States-Hong Kong Policy Act of 1992
102-372     Tourism Policy and Export Promotion Act of 1992
102-363     Nondiscriminatory Treatment Toward Products of Albania
102-311     International Peacekeeping Act of 1992
102-274     Horn of Africa Recovery and Food Security Act
102-270     Peace Process in Liberia
102-256     Torture Victim Protection Act of 1991
102-247     Omnibus Insular Areas Act of 1992
102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
             1991
102-228     Conventional Forces in Europe Treaty Implementation Act of
             1991
102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
102-197     Most-Favored Nation Treatment for the Union of Soviet
             Socialist Republics
102-195     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1992
102-190     National Defense Authorization Act for Fiscal Years 1992 and
             1993
102-190     Missile Defense Act of 1991 (title II, part C)
102-190     Panama Canal Commission Authorization Act for Fiscal Year
             1992 (title XXXV)
102-183     David L. Boren National Security Education Act of 1991
             (title VIII)
102-182     Termination of Trade Restrictions to Czechoslovakia and
             Hungary
102-182     Andean Trade Preference Act (title II)
102-182     Chemical and Biological Weapons Control and Warfare
             Elimination Act of 1991 (title III)
102-158     Most-Favored Nation Treatment for People's Republic of
             Bulgaria
102-157     Most-Favored Nation Treatment for Mongolian People's
             Republic
102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
             1993
102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
102-21      Emergency Supplemental Assistance for Israel Act of 1991
102-20      Foreign Relations Persian Gulf Conflict Emergency
             Supplemental Authorization Act, Fiscal Year 1991
102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
             Security Council Resolution 678
101-649     Immigration Act of 1990
101-647     Crime Control Act of 1990
101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
             1990
101-627     Fishery Conservation Amendments of 1990
101-627     Dolphin Protection Consumer Information Act (title IX)
101-624     Food, Agriculture, Conservation, and Trade Act of 1990
101-624     Agricultural Development and Trade Act of 1990 (title XV)
101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
101-623     International Narcotics Control Act of 1990
101-620     Protection of Antarctica
101-611     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1991
101-610     National and Community Service Act of 1990
101-606     Global Change Research Act of 1990
101-606     International Cooperation in Global Change Research Act of
             1990 (title II)
101-604     Aviation Security Improvement Act of 1990
101-594     Antarctic Protection Act of 1990
101-549     Clean Air Act Amendments
101-541     Most-Favored-Nation Treatment for Czechoslovakia
101-533     Foreign Direct Investment and International Financial Date
             Improvements Act of 1990
101-513     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act 1991
101-513     European Bank for Reconstruction and Development Act (sec.
             562(c))
101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
101-513     International Forestry Cooperation Act of 1990 (title VI)
101-511     Department of Defense Appropriations Act, 1991
101-510     National Defense Authorization Act for Fiscal Year 1991
101-510     Panama Canal Commission Authorization Act for Fiscal Year
             1991 (title XXXV)
101-454     Eisenhower Exchange Fellowship Act of 1990
101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
101-438     Rio Grande American Canal Extension Act of 1990
101-382     Customs and Trade Act of 1990
101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
             (title II)
101-382     Forest Resources Conservation and Shortage Relief Act of
             1990 (title IV)
101-380     Oil Pollution Act of 1990
101-328     National Space Council Authorization Act of 1990
101-298     Biological Weapons Anti-Terrorism Act of 1989
101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
             1991
101-246     PLO Commitments Compliance Act of 1989 (title VIII)
101-243     Urgent Assistance for Democracy in Panama Act of 1990
101-240     International Development and Finance Act of 1989
101-240     Foreign Debt Reserving Act of 1989 (title IV)
101-240     Global Environmental Protection Assistance Act of 1989
             (title VII)
101-231     International Narcotics Control Act of 1989
101-219     Implementation of Compact of Free Association With Palau
101-216     Arms Control and Disarmament Amendments Act of 1989
101-215     Survival Assistance for Victims of Civil Strife in Central
             America
101-189     National Defense Authorization Act for Fiscal Years 1990 and
             1991
101-179     Support for East European Democracy (SEED) Act of 1989
101-167     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1990
101-162     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1990
101-62      Implementing Agreement for Vienna Convention on Diplomatic
             Relations
100-690     International Narcotics Control Act of 1988 (title IV)
100-685     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1989
100-629     U.S.-U.S.S.R. Fishing Agreement
100-576     Bangladesh Disaster Assistance Act of 1988
100-530     International Cooperation to Protect Biological Diversity
100-478     African Elephant Conservation Act (title II)
100-465     Rio Grande Pollution Correction Act of 1987
100-463     Department of Defense Appropriations Act, 1989
100-461     Overseas Private Investment Corporation Amendments Act of
             1988 (H.R. 5263, enacted by reference)
100-461     Miscellaneous International Affairs Authorization Act of
             1988 (S. 2757, enacted by reference)
100-460     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1989
100-456     National Defense Authorization Act, Fiscal Year 1989
100-449     United States-Canada Free Trade Agreement Implementation Act
             of 1988
100-418     Omnibus Trade and Competitiveness Act of 1988
100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
             part 4)
100-418     Export Enhancement Act 1988 (title II)
100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
             part II)
100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
             part II)
100-418     Multilateral Export Control Enhancement Amendments Act
             (title II, subtitle D, part II)
100-418     Exchange Rates and International Economic Policy
             Coordination Act of 1988 (title III, subtitle A)
100-418     International Debt Management Act of 1988 (title III,
             subtitle B)
100-418     Multilateral Development Banks Procurement Act (title III,
             subtitle C)
100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
             (title III, subtitle D)
100-418     Primary Dealers Act of 1988 (title III, subtitle F)
100-418     Financial Reports Act of 1988 (title III, subtitle G)
100-418     Agricultural Competitiveness and Trade Act of 1988 (title
             IV)
100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
             subtitle G)
100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
             subtitle A, part I)
100-418     Competitiveness Policy Council Act (title V, part I,
             subtitle C)
100-418     Small Business International Trade and Competitiveness Act
             (title VII)
100-418     Foreign Shipping Practices Act of 1988 (title X)
100-393     Dire Emergency Supplemental Appropriations Act, 1988
100-373     International Energy Emergency Authorities: Extension
100-350     German Democratic Republic Fishery Agreement
100-330     South Pacific Tuna Act of 1988
100-300     International Child Abduction Remedies Act
100-276     Central American Peace Assistance
100-220     United States-Japan Fishery Agreement Approval Act of 1987
100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
             1987 (title IV)
100-213     Arms Control and Disarmament Amendments Act of 1987
100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
             1989
100-204     United States Information Agency Authorization Act, Fiscal
             Years 1988 and 1989 (title II)
100-204     Board for International Broadcasting Authorization Act,
             Fiscal Years 1988 and 1989 (title V)
100-204     Anti-Terrorism Act of 1987 (title X)
100-204     Global Climate Protection Act of 1987 (title XI)
100-202     Continuing Appropriations, Fiscal Year 1988
100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
             VII)
100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
             101(a), title VIII)
100-202     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1988 (sec. 101(e))
100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
             H.R. 3570, enacted by reference, title IV)
100-180     National Defense Authorization Act for Fiscal Years 1988 and
             1989
100-147     National Aeronautics and Space Administration Authorization
             Act of 1988
100-113     Federal Triangle Development Act
100-66      United States-Korea Fishery Agreement
99-661      National Defense Authorization Act, Fiscal Year 1987
99-661      Department of Defense Authorization Act, 1987 (Division A)
99-658      Approval of the Compact of Free Association With the
             Government of Palau
99-630      Humpback Whales Wildlife Sanctuary (West Indies)
99-603      Immigration Reform and Control Act of 1986
99-570      International Narcotics Control Act of 1986 (title II)
99-529      Special Foreign Assistance Act of 1986
99-513      R.M.S. Titanic Maritime Memorial Act of 1986
99-498      Higher Education Amendments of 1986
99-475      Release of USIA Materials to Museums
99-472      Export-Import Bank Act Amendments of 1986
99-415      Anglo-Irish Agreement Support Act of 1986
99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
99-399      Diplomatic Security Act (titles I-IV)
99-399      Victims of Terrorism Compensation Act (title VIII)
99-399      International Maritime and Port Security Act (title IX)
99-399      Fascell Fellowship Act (title X)
99-239      Compact of Free Association Act of 1985
99-198      Food Security Act of 1985
99-198      Food for Progress Act of 1985 (sec. 1110)
99-190      Further Continuing Appropriations, 1985
99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
             2253, enacted by reference)
99-180      Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1986
99-177      Balanced Budget and Emergency Deficit Control Act of 1985
             [Gramm-Rudman-Hollings Act]
99-162      Sales of Arms to Jordan
99-145      Department of Defense Authorization Act, 1986
99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
             1987
99-93       United States Information Agency Authorization Act, Fiscal
             Years 1986 and 1987 (title II)
99-93       Board for International Broadcasting Authorization Act,
             Fiscal Years 1986 and 1987 (title III)
99-93       Iran Claims Settlement (title V)
99-93       United States Scholarship Program for Developing Countries
             Authorization, Fiscal Years 1986 & 1987 (title VI)
99-93       Arms Control and Disarmament Act Authorization for Fiscal
             Years 1986 and 1987 (title VII)
99-88       Supplemental Appropriations Act, 1985
99-88       Jordan Supplemental Economic Assistance Authorization Act of
             1985 (title IV)
99-85       Authorization for an Improved U.S./Soviet Direct
             Communications Link
99-83       International Security and Development Cooperation Act of
             1985
99-83       International Narcotics Control Act of 1985 (title VI)
99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
             (title XI)
99-64       Export Administration Amendments Act of 1985
99-47       United States-Israel Free Trade Area Implementation Act of
             1985
 99-8       African Famine Relief and Recovery Act of 1985
 99-5       Pacific Salmon Treaty Act of 1985
98-623      Governing International Fishery Agreements With Iceland and
             the European Economic Community (title I)
98-623      Antarctic Marine Living Resources Convention Act of 1984
             (title III)
98-618      Intelligence Authorization Act for Fiscal Year 1985
98-573      Trade and Tariff Act of 1984
98-573      International Trade and Investment Act (title III)
98-573      Generalized System of Preferences Renewal Act of 1984 (title
             V)
98-573      Steel Import Stabilization Act (title VIII)
98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
98-562      Cooperative East-West Ventures in Space
98-533      1984 Act to Combat International Terrorism
98-525      Department of Defense Authorization Act, 1985
98-525      United States Institute for Peace Act (title XVII)
98-473      Continuing Appropriations, 1985
98-473      Inter-American Investment Corporation Act (title II, S.
             2416, enacted by reference)
98-473      President's Emergency Food Assistance Act of 1984 (title
             III)
98-447      United States Government Opposition to the Practice of
             Torture
98-445      Eastern Pacific Tuna Licensing Act of 1984
98-373      Arctic Research and Policy Act of 1984 (title I)
98-373      National Critical Materials Act of 1984 (title II)
98-266      Clement J. Zablocki Memorial Outpatient Facility, American
             Children's Hospital, Krakow, Poland
98-258      Agricultural Programs Adjustment Act of 1984
98-258      Agricultural Exports (title V)
98-198      Child Health Revolution
98-181      Supplemental Appropriations Act, 1984
98-181      Trade and Development Enhancement Act of 1983 (title VI,
             part C)
98-181      International Lending Supervision Act of 1983 (title IX)
98-181      Multilateral Development Banks: Sense of Congress (title X)
98-164      Department of State Authorization Act, Fiscal Years 1984 and
             1985 (titles I, X)
98-164      United States Information Agency Authorization Act, Fiscal
             Years 1984 and 1985 (title II)
98-164      Board for International Broadcasting Authorization Act,
             Fiscal Years 1984 and 1985 (title III)
98-164      Asia Foundation Act (title IV)
98-164      National Endowment for Democracy Act (title V)
98-164      Foreign Missions Amendments Act (title VI)
98-164      International Environmental Protection Act of 1983 (title
             VII)
98-164      Research and Training for Eastern Europe and the Independent
             States of the Former Soviet Union Act of 1983 (title VIII)
98-164      United States-India Fund for Cultural, Educational, and
             Scientific Cooperation Act (title IX)
98-151      Continuing Resolution, 1984
98-151      Foreign Assistance and Related Programs Appropriations Act,
             1984 (sec. 101(b)(1))
98-151      International Security and Development Assistance
             Authorization Act of 1983 (sec. 101(b)(2))
98-119      Multinational Force in Lebanon Resolution
98-111      Radio Broadcasting to Cuba Act
98-94       Department of Defense Authorization Act, 1984
98-67       Caribbean Basin Economic Recovery Act (title II)
98-43       Lebanon Emergency Assistance Act of 1983
97-446      Convention on Cultural Property Implementation Act (title
             III)
97-425      Nuclear Waste Policy Act of 1982
97-418      Protection of Foreign Missions
97-389      Fisheries Amendments of 1982
97-389      Atlantic Salmon Convention Act of 1982 (title III)
97-389      Governing International Fishery Agreements with Japan and
             Spain (title IV)
97-325      International Carriage of Perishable Foodstuffs Act
97-290      Export Trading Company Act of 1982 (title I)
97-290      Bank Export Services Act (title II)
97-252      Department of Defense Authorization Act, 1983
97-241      Department of State Authorization Act, Fiscal Years 1982 and
             1983
97-241      Foreign Missions Act (title II)
97-241      United States Information Agency Authorization Act, Fiscal
             Years 1982 and 1983 (title III)
97-241      Board for International Broadcasting Authorization Act,
             Fiscal Years 1982 and 1983 (title IV)
97-229      Energy Emergency Preparedness Act of 1982
97-145      Export Administration Amendments Act of 1981
97-132      Multinational Force and Observers Participation Resolution
97-127      Czechoslovakian Claims Settlement Act of 1981
97-113      International Security and Development Cooperation Act of
             1981
97-98       Agriculture and Food Act of 1981
97-98       Agriculture Trade and Export Policy Commission Act (title
             XII, subtitle C)
97-35       African Development Bank Act (title XIII, subtitle B, part
             3)
96-599      International Coffee Agreement Act of 1980
96-561      American Fisheries Promotion Act (title II)
96-533      International Security and Development Cooperation Act of
             1980
96-533      African Development Foundation Act (title V)
96-494      Agriculture Act of 1980
96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
             II)
96-494      Bill Emerson Humanitarian Trust Act (title III)
96-487      Alaska National Interests Lands Conservation Act
96-478      Act to Prevent Pollution from Ships
96-465      Foreign Service Act of 1980
96-449      Hostage Relief Act of 1980
96-422      Refugee Education Assistance Act of 1980
96-389      Bretton Woods Agreements Act Amendments, 1980
96-339      Atlantic Tunas Convention Act of 1975, Appropriation
             Authorization
96-323      North Atlantic Treaty Organization Mutual Support Act of
             1979
96-283      Deep Seabed Hard Mineral Resources Act
96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
             Cooperation
96-271      International Natural Rubber Agreement Appropriation
             Authorization for Fiscal Year 1981
96-259      Providing for Increased Participation by the United States
             in the Inter-American and Asian Development Banks and
             African Development Fund
96-236      International Sugar Agreement, 1977, Implementation
96-212      Refugee Act of 1980
96-175      Strategic and Critical Materials Transaction Authorization
             Act of 1979
96-133      Energy Policy and Conservation Act Amendments
96-92       International Security Assistance Act of 1979
96-72       Export Administration Act of 1979
96-70       Panama Canal Act of 1979
96-60       Department of State Authorization Act, Fiscal Years 1980 and
             1981 (title I)
96-60       International Communication Agency Authorization Act, Fiscal
             Years 1980 and 1981 (title II)
96-53       International Development Cooperation Act of 1979
96-39       Trade Agreements Act of 1979
96-35       Special International Security Assistance Act of 1979
 96-9       Reaffirming North Atlantic Alliance--United States
             Commitment
 96-8       Taiwan Relations Act
95-630      Financial Institutions Regulatory and Interest Rate Control
             Act of 1978
95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
95-561      Education Amendments of 1978
95-561      National Academy of Peace and Conflict Resolution (title XV,
             part B)
95-511      Foreign Intelligence Surveillance Act of 1978
95-501      Agricultural Trade Act of 1978
95-485      Department of Defense Appropriation Authorization Act, 1979
95-452      Inspector General Act of 1978
95-435      Bretton Woods Agreements Act Amendments, 1978
95-426      Foreign Relations Authorization Act, Fiscal Year 1979
95-426      International Communication Agency Authorization for Fiscal
             Year 1979 (title II)
95-424      International Development and Food Assistance Act of 1978
95-393      Diplomatic Relations Act
95-384      International Security Assistance Act of 1978
95-287      Reaffirming the Unity of the North Atlantic Alliance
             Commitment
95-242      Nuclear Non-Proliferation Act of 1978
95-238      Department of Energy Act of 1978
95-223      International Emergency Economic Powers Act (title II)
95-213      Foreign Corrupt Practices Act of 1977 (title I)
95-118      International Financial Institutions Act
95-113      Food and Agriculture Act of 1977
95-105      Foreign Relations Authorization Act, Fiscal Year 1978
95-105      United States Information Agency Authorization for Fiscal
             Year 1978 (title II)
95-92       International Security Assistance Act of 1977
95-88       International Development and Food Assistance Act of 1977
 95-6       Fishery Conservation Zone Transition Act
94-583      Foreign Sovereign Immunities Act of 1976
94-472      International Investment and Trade in Services Survey Act
94-412      National Emergencies Act
94-350      Foreign Relations Authorization Act, Fiscal Year 1977
94-350      United States Information Agency Authorization for Fiscal
             Year 1977 (title II)
94-350      Foreign Service Retirement Amendments of 1976 (title V)
94-329      International Security Assistance and Arms Export Control
             Act of 1976
94-304      Establishing a Commission on Security and Cooperation in
             Europe
94-302      African Development Fund Act (title II)
94-265      Magnuson-Stevens Fishery Conservation and Management Act of
             1976
94-265      Driftnet Act Amendments of 1990 (sec. 206)
94-163      Energy Policy and Conservation Act
94-161      International Development and Food Assistance Act of 1975
94-141      Foreign Relations Authorization Act, Fiscal Year 1976
94-118      Japan-United States Friendship Act
94-110      Joint Resolution to Implement the United States Proposal for
             the Early-Warning System in Sinai
94-70       Atlantic Tunas Convention Act of 1975
94-39       National Aeronautics and Space Administration Authorization
             Act, 1976
93-627      Deepwater Port Act of 1974
93-618      Trade Act of 1974
93-618      Narcotics Control Trade Act (title VIII)
93-559      Foreign Assistance Act of 1974
93-479      Foreign Investment Study Act of 1974
93-475      State Department/USIA Authorization Act, Fiscal Year 1975
93-366      Antihijacking Act of 1974
93-365      Department of Defense Appropriation Authorization Act, 1975
93-248      Intervention on the High Seas Act
93-205      Endangered Species Act of 1973
93-199      Emergency Security Assistance Act of 1973
93-189      Foreign Assistance Act of 1973
93-188      United Nations Environment Program Participation Act of 1973
93-153      Trans-Alaska Pipeline Authorization Act
93-148      War Powers Resolution
93-129      Board for International Broadcasting Act of 1973
93-126      Department of State Appropriations Authorization Act of 1973
93-110      Par Value Modification Act--Foreign Currency Reports (title
             II)
92-544      Departments of State, Justice, and Commerce, the Judiciary,
             and Related Agencies Appropriations Act, 1973
92-522      Marine Mammal Protection Act of 1972
92-499      Act to Extend Diplomatic Privileges to the Commission of the
             European Communities
92-403      Case Act--Transmittal of International Agreements
92-352      Foreign Relations Authorization Act of 1972
92-268      Par Value Modification Act
92-257      Trust Territory of the Pacific Islands Act
92-226      Foreign Assistance Act of 1971
92-39       Micronesian Claims Act of 1971
91-672      Foreign Military Sales Act Amendments, 1971
91-652      Special Foreign Assistance Act of 1971
91-441      Armed Forces Appropriation Authorization, 1971
91-269      United States Recognition and Participation in International
             Expositions
91-175      Foreign Assistance Act of 1969, as amended
90-629      Arms Export Control Act
90-554      Foreign Assistance Act of 1968
90-553      International Center Act
90-390      Export Loans--Assistance
90-349      Special Drawing Rights Act
90-137      Foreign Assistance Act of 1967
89-732      Cuban Refugee Adjustment Act
89-673      Foreign Gifts and Decorations Act of 1966
89-583      Foreign Assistance Act of 1966
89-532      Convention on the Settlement of Investment Disputes Act of
             1966
89-486      Foreign Agents Registration Act Amendments
89-369      Asian Development Bank Act
89-296      Ryukyu Islands Claims Settlement Act
89-259      Cultural Objects--Importation for Temporary Display
89-171      Foreign Assistance Act of 1965
89-134      Peace Corps Act Amendments
88-633      Foreign Assistance Act of 1964
88-408      Tonkin Gulf Resolution
88-205      Foreign Assistance Act of 1963
87-826      Collection and Publication of Foreign Commerce and Trade
             Statistics
87-794      Trade Expansion Act of 1962
87-733      Cuban Resolution
87-565      Foreign Assistance Act of 1962
87-510      Migration and Refugee Assistance Act of 1962
87-297      Arms Control and Disarmament Act
87-293      Peace Corps Act
87-256      Mutual Educational and Cultural Exchange Act of 1961
87-195      Foreign Assistance Act of 1961
87-195      Tropical Forest Conservation Act of 1998 (part V)
87-125      General Government Matters, Department of Commerce, and
             Related Agencies Appropriation Act, 1962
86-735      Latin American Development Act
86-628      Legislative Branch Appropriation Act, 1961
86-565      International Development Association Act
86-472      Mutual Security Act of 1960
86-472      Center for Cultural and Technical Interchange Between East
             and West Act of 1960 (chapter VII)
86-420      Mexico-United States Interparliamentary Group
86-147      Inter-American Development Bank Act
86-108      Mutual Security Act of 1959
86-42       Canada-United States Interparliamentary Group
85-931      Agricultural Trade Development and Assistance Act of 1954--
             Extension and Amendment
85-846      EURATOM Cooperation Act of 1958
85-568      National Aeronautics and Space Act of 1958
85-474      Departments of State and Justice, the Judiciary, and Related
             Agencies Appropriation Act, 1959
85-177      International Atomic Energy Agency Participation Act of 1957
 85-7       Resolution To Promote Peace and Stability in the Middle East
84-885      State Department Basic Authorities Act of 1956
84-689      United States Group of the North Atlantic Treaty
             Parliamentary Conferences--Participation Resolution
84-350      International Finance Corporation Act
83-703      Atomic Energy Act of 1954
83-680      Fisherman's Protective Act of 1967
83-665      Mutual Security Act of 1954
83-480      Agricultural Trade Development and Assistance Act of 1954
83-451      Civil Government for the Trust Territory of the Pacific
             Islands
82-486      Extending Certain Privileges to Representatives of
             Organization of American States
82-414      Immigration and Nationality Act
81-764      Tuna Conventions Act of 1950
81-676      Whaling Convention Act of 1949
81-507      National Science Foundation Act of 1950
81-455      International Claims Settlement Act of 1949
81-439      Agricultural Act of 1949
80-772      Act of June 25, 1948
80-772      Logan Act--Private Correspondence With Foreign Governments
80-772      Johnson Act--Financial Transactions With Foreign Governments
80-402      United States Information and Educational Exchange Act of
             1948
80-357      United Nations Headquarters Agreement Act
80-253      National Security Council
79-547      Act of July 25, 1946
79-291      International Organizations Immunities Act
79-264      United Nations Participation Act of 1945
79-173      Export-Import Bank Act of 1945
79-171      Bretton Woods Agreements Act
76-54       Neutrality Act of 1939
75-583      Foreign Agents Registration Act of 1938
75-543      Act of May 25, 1938
71-361      Tariff Act of 1930
69-186      Foreign Service Buildings Act, 1926
65-91       Trading With the Enemy Act
------------------------------------------------------------------------

                              Appendix II


          Note.--Appendix II lists Public Laws included in 
        Legislation on Foreign Relations Through 2005, either 
        as freestanding law or in amendments, arranged 
        alphabetically by short title or popular name with 
        corresponding Public Law number.




 
------------------------------------------------------------------------
                                                              Public Law
                         Short Title                              No.
------------------------------------------------------------------------
1984 Act to Combat International Terrorism..................  98-533
1998 Supplemental Appropriations and Rescissions Act........  105-174
2002 Supplemental Appropriations Act for Further Recovery     107-206
 From and Response to Terrorist Attacks on the United States
AGOA Acceleration Act of 2004...............................  108-274
Act For Reform In Emerging New Democracies and Support and    103-199
 Help for Improved Partnership with Russia, Ukraine, and
 Other New Independent States (FRIENDSHIP Act)..............
Act of May 25, 1938.........................................  75-543
Act of July 25, 1946........................................  79-547
Act of June 25, 1948........................................  80-772
Act to Extend Diplomatic Privileges to the Commission of the  92-499
 European Communities.......................................
Act to Honor the Victims of the Bombing of Panam Flight.....  103-158
Act to Prevent Pollution from Ships.........................  96-478
Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
 enacted by reference)......................................
Afghan Women and Children Relief Act of 2001................  107-81
Afghanistan Freedom Support Act of 2002.....................  107-327
Africa: Seeds of Hope Act of 1998...........................  105-385
African Conflict Resolution Act.............................  103-381
African Development Bank Act (title XIII, subtitle B, part    97-35
 3).........................................................
African Development Foundation Act (title V)................  96-533
African Development Fund Act (title II).....................  94-302
African Elephant Conservation Act (title II)................  100-478
African Elephant Conservation Reauthorization Act of 1998...  105-217
African Elephant Conservation Reauthorization Act of 2001...  107-111
African Famine Relief and Recovery Act of 1985..............   99-8
African Growth and Opportunity Act (title I)................  106-200
Agricultural Act of 1949....................................  81-439
Agricultural Competitiveness and Trade Act of 1988 (title     100-418
 IV)........................................................
Agricultural Development and Trade Act of 1990 (title XV)...  101-624
Agricultural Exports (title V)..............................  98-258
Agricultural Programs Adjustment Act of 1984................  98-258
Agricultural Trade Act of 1978..............................  95-501
Agricultural Trade Development and Assistance Act of 1954...  83-480
Agricultural Trade Development and Assistance Act of 1954--   85-931
 Extension and Amendment....................................
Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
 II)........................................................
Agriculture and Food Act of 1981............................  97-98
Agriculture Export Relief Act...............................  105-194
Agriculture, Rural Development, Food and Drug                 109-97
 Administration, and Related Agencies Appropriations Act,
 2006.......................................................
Agriculture Trade and Export Policy Commission Act (title     97-98
 XII, subtitle C)...........................................
Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
Alaska National Interests Lands Conservation Act............  96-487
Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
 Environment Cooperation Commission and North American
 Development Bank...........................................
American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
 part II)...................................................
American Fisheries Promotion Act (title II).................  96-561
American Institute in Taiwan Facilities Enhancement Act.....  106-212
American Servicemembers Protection Act (title II)...........  107-206
Andean Trade Preference Act (title II)......................  102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
Anglo-Irish Agreement Support Act of 1986...................  99-415
Antarctic Marine Living Resources Convention Act of 1984      98-623
 (title III)................................................
Antarctic Protection Act of 1990............................  101-594
Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
Anti-Terrorism Act of 1987 (title X)........................  100-204
Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
Antihijacking Act of 1974...................................  93-366
Approval of the Compact of Free Association With the          99-658
 Government of Palau........................................
Approving the Renewal of Import Restrictions--Burma.........  108-272
Arctic Research and Policy Act of 1984 (title I)............  98-373
Arctic Tundra Habitat Emergency Conservation Act............  106-108
Armed Forces Appropriation Authorization, 1971..............  91-441
Arms Control and Disarmament Act............................  87-297
Arms Control and Disarmament Act Authorization for Fiscal     99-93
 Years 1986 and 1987 (title VII)............................
Arms Control and Disarmament Amendments Act of 1987.........  100-213
Arms Control and Disarmament Amendments Act of 1989.........  101-216
Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
 part A)....................................................
Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
 division B, H.R. 3427, enacted by reference)...............
Arms Control, Nonproliferation, and Security Assistance Act   106-113
 of 1999 (division B, H.R. 3427, enacted by reference)......
Arms Export Control Act.....................................  90-629
Asia Foundation Act (title IV)..............................  98-164
Asian Development Bank Act..................................  89-369
Asian Elephant Conservation Act of 1997.....................  105-96
Asian Elephant Conservation Reauthorization Act of 2002.....  107-141
Asian/Pacific American Heritage Month--Designation..........  102-450
Assistance for International Malaria Control Act............  106-570
Assistance for Orphans and Other Vulnerable Children in       109-95
 Developing Countries Act of 2005...........................
Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
Atlantic Tunas Convention Act of 1975.......................  94-70
Atlantic Tunas Convention Act of 1975, Appropriation          96-339
 Authorization..............................................
Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
 III).......................................................
Atomic Energy Act of 1954...................................  83-703
Au Pair Extension...........................................  104-72
Authorization for an Improved U.S./Soviet Direct              99-85
 Communications Link........................................
Authorization for Use of Military Force [international        107-40
 terrorism].................................................
Authorization for Use of Military Force Against Iraq          107-243
 Resolution of 2002.........................................
Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
 Security Council Resolution 678............................
Aviation Security Improvement Act of 1990...................  101-604
Balanced Budget and Emergency Deficit Control Act of 1985     99-177
 [Gramm-Rudman-Hollings Act]................................
Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
Bangladesh Disaster Assistance Act of 1988..................  100-576
Bank Export Services Act (title II).........................  97-290
Belarus Democracy Act of 2004...............................  108-347
Bill Emerson Humanitarian Trust Act (title III).............  96-494
Biological Weapons Anti-Terrorism Act of 1989...............  101-298
Board for International Broadcasting Act of 1973............  93-129
Board for International Broadcasting Appropriations, 1988     100-202
 (sec. 101(a), title V).....................................
Board for International Broadcasting Authorization Act,       97-241
 Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act,       98-164
 Fiscal Years 1984 and 1985 (title III).....................
Board for International Broadcasting Authorization Act,       99-93
 Fiscal Years 1986 and 1987 (title III).....................
Board for International Broadcasting Authorization Act,       100-204
 Fiscal Years 1988 and 1989 (title V).......................
Bob Stump National Defense Authorization Act for Fiscal Year  107-314
 2003.......................................................
Bretton Woods Agreements Act................................  79-171
Bretton Woods Agreements Act Amendments, 1978...............  95-435
Bretton Woods Agreements Act Amendments, 1980...............  96-389
Bring Them Home Alive Act of 2000...........................  106-484
Cambodian Genocide Justice Act (title V, part D)............  103-236
Canada-United States Interparliamentary Group...............  86-42
Cape Town Treaty Implementation Act of 2004.................  108-297
Caribbean Basin Economic Recovery Act (title II)............  98-67
Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
 (title II).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002  107-365
Case Act--Transmittal of International Agreements...........  92-403
Center for Cultural and Technical Interchange Between East    86-472
 and West Act of 1960 (chapter VII).........................
Central American Peace Assistance...........................  100-276
Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
 III).......................................................
Chemical and Biological Weapons Control and Warfare           102-182
 Elimination Act of 1991 (title III)........................
Chemical Weapons Convention Implementation Act of 1998        105-277
 (division I)...............................................
Child Health Revolution.....................................  98-198
Chinese Student Protection Act of 1992......................  102-404
Civil Government for the Trust Territory of the Pacific       83-451
 Islands....................................................
Clean Air Act Amendments....................................  101-549
Clean Diamond Trade Act.....................................  108-19
Clean Water for the Americas Partnership Act of 2002          107-228
 (division A, title VI, subtitle D).........................
Clement J. Zablocki Memorial Outpatient Facility, American    98-266
 Children's Hospital, Krakow, Poland........................
Coast Guard Authorization Act of 1993.......................  103-206
Collection and Publication of Foreign Commerce and Trade      87-826
 Statistics.................................................
Combatting Proliferation of Weapons of Mass Destruction Act   104-293
 of 1996 (title VII)........................................
Commercial Space Act of 1998................................  105-303
Compact of Free Association Act of 1985.....................  99-239
Competitiveness Policy Council Act (title V, part I,          100-418
 subtitle C)................................................
Comprehensive Peace in Sudan Act of 2004....................  108-497
Congo Basin Forest Partnership Act of 2004..................  108-200
Consolidated Appropriations Act, 2005.......................  108-447
Continuing Appropriations, Fiscal Year 2006.................  109-77
Continuing Resolution, 1984.................................  98-151
Convention on Cultural Property Implementation Act (title     97-446
 III).......................................................
Convention on the Settlement of Investment Disputes Act of    89-532
 1966.......................................................
Conventional Forces in Europe Treaty Implementation Act of    102-228
 1991.......................................................
Cooperative East-West Ventures in Space.....................  98-562
Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
Crime Control Act of 1990...................................  101-647
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
 1996.......................................................
Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
 VII).......................................................
Cuban Refugee Adjustment Act................................  89-732
Cuban Resolution............................................  87-733
Cuban Democracy Act of 1992 (title XVII)....................  102-484
Cultural Objects--Importation for Temporary Display.........  89-259
Customs and Trade Act of 1990...............................  101-382
Czechoslovakian Claims Settlement Act of 1981...............  97-127
Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
David L. Boren National Security Education Act of 1991......  102-183
Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
Deep Seabed Hard Mineral Resources Act......................  96-283
Deepwater Port Act of 1974..................................  93-627
Defense Against Weapons of Mass Destruction Act of 1996       104-201
 (title XIV)................................................
Defense Against Weapons of Mass Destruction Act of 1998       105-261
 (title XIV)................................................
Defense Conversion, Reinvestment, and Transition Assistance   103-160
 Amendments of 1993 (title XIII)............................
Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
 XII, H.R. 3427, enacted by reference)......................
Demilitarization of the Former Soviet Union Act of 1992       102-484
 (title XIV)................................................
Department of Defense and Emergency Supplemental              107-117
 Appropriations for Recovery From and Response To Terrorist
 Attacks on the United States Act, 2002.....................
Department of Defense Appropriation Act, 1976...............  94-212
Department of Defense Appropriation Authorization Act, 1975.  93-365
Department of Defense Appropriation Authorization Act, 1979.  95-485
Department of Defense Appropriations Act, 2006 (division A).  109-148
Department of Defense Authorization Act, 1983...............  97-252
Department of Defense Authorization Act, 1984...............  98-94
Department of Defense Authorization Act, 1985...............  98-525
Department of Defense Authorization Act, 1986...............  99-145
Department of Defense Authorization Act, 1987 (Division A)..  99-661
Department of Defense, Emergency Supplemental Appropriations  109-148
 To Address Hurricanes in the Gulf of Mexico, and Pandemic
 Influenza Act, 2006........................................
Department of Energy Act of 1978............................  95-238
Department of State and Related Agencie Appropriations Act,   109-108
 2006 (title IV)............................................
Department of State Appropriations Authorization Act of 1973  93-126
Department of State Authorization Act, Fiscal Year 2003       107-228
 (division A)...............................................
Department of State Authorization Act, Fiscal Years 1980 and  96-60
 1981 (title I).............................................
Department of State Authorization Act, Fiscal Years 1982 and  97-241
 1983.......................................................
Department of State Authorization Act, Fiscal Years 1984 and  98-164
 1985 (titles I, X).........................................
Department of State Special Agents Retirement Act of 1998...  105-382
Department of the Interior, Environment, and Related          109-54
 Agencies Appropriations Act, 2006..........................
Departments of State and Justice, the Judiciary, and Related  85-474
 Agencies Appropriation Act, 1959...........................
Departments of State, Justice, and Commerce, the Judiciary,   92-544
 and Related Agencies Appropriations Act, 1973..............
Detainee Treatment Act of 2005 (title XIV)..................  109-163
Diplomatic Relations Act....................................  95-393
Diplomatic Security Act (titles I-IV).......................  99-399
Dire Emergency Supplemental Appropriations Act, 1988........  100-393
Distribution of USIA Materials..............................  102-454
Dolphin Protection Consumer Information Act (title IX)......  101-627
Dominican Republic-Central America-United States Free Trade   109-53
 Agreement Implementation Act...............................
Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
 1987 (title IV)............................................
East Timor Transition to Independence Act of 2002 (division   107-228
 A, title VI, subtitle C)...................................
Eastern Pacific Tuna Licensing Act of 1984..................  98-445
Education Amendments of 1978................................  95-561
Eisenhower Exchange Fellowship Act of 1990..................  101-454
Emergency Security Assistance Act of 1973...................  93-199
Emergency Supplemental Appropriations Act for Defense and     108-106
 for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the    109-13
 Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations Act To Address          109-148
 Hurricanes in the Gulf of Mexico and Pandemic Influenza
 Act, 2006 (division B).....................................
Emergency Supplemental Appropriations and Rescissions for     104-6
 the Department of Defense to Preserve and Enhance Military
 Readiness Act of 1995......................................
Emergency Supplemental Assistance for Israel Act of 1991....  102-21
Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
 of 1991....................................................
Endangered Species Act of 1973..............................  93-205
Energy Emergency Preparedness Act of 1982...................  97-229
Energy Policy Act of 1992...................................  102-486
Energy Policy Act of 2005...................................  109-58
Energy Policy and Conservation Act..........................  94-163
Energy Policy and Conservation Act Amendments...............  96-133
Enhanced Border Security and Visa Entry Reform Act of 2002..  107-173
Enterprise for the Americas Act of 1992 (title VI)..........  102-549
Enterprise for the Americas Initiative Act of 1992..........  102-532
Establishing a Commission on Security and Cooperation in      94-304
 Europe.....................................................
EURATOM Cooperation Act of 1958.............................  85-846
European Bank for Reconstruction and Development Act (sec.    101-513
 562(c))....................................................
European Security Act of 1998 (division G, title XXVII).....  105-277
Exchange Rates and International Economic Policy              100-418
 Coordination Act of 1988 (title III, subtitle A)...........
Export Administration Act of 1979...........................  96-72
Export Administration Amendments Act of 1981................  97-145
Export Administration Amendments Act of 1985................  99-64
Export Enhancement Act of 1988 (title II)...................  100-418
Export Enhancement Act of 1992..............................  102-429
Export Enhancement Act of 1999..............................  106-158
Export Enhancement Program Amendments of 1994 (title IV,      103-465
 subtitle A, part II, sec. 411(a))..........................
Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
Export-Import Bank Act Amendments of 1986...................  99-472
Export-Import Bank Act of 1945..............................  79-173
Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
 (title III, subtitle D)....................................
Export-Import Bank Reauthorization Act of 2002..............  107-189
Export Loans--Assistance....................................  90-390
Export Trading Company Act of 1982 (title I)................  97-290
Extending Certain Privileges to Representatives of            82-486
 Organization of American States............................
Extradition Treaties Implementation Act of 1998.............  105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
 part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of  106-373
 2000.......................................................
Fascell Fellowship Act (title X)............................  99-399
Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
Federal Agriculture Improvement and Reform Act of 1996......  104-127
Federal Aviation Reauthorization Act of 1996................  104-264
Federal Reports Elimination Act of 1998.....................  105-362
Federal Reports Elimination and Sunset Act of 1995..........  104-66
Federal Triangle Development Act............................  100-113
Financial Institutions Regulatory and Interest Rate Control   95-630
 Act of 1978................................................
Financial Reports Act of 1988 (title III, subtitle G).......  100-418
Finding the Government of Iraq in Unacceptable and Material   105-235
 Breach of Its International Obligations....................
Fisheries Act of 1995.......................................  104-43
Fisheries Amendments of 1982................................  97-389
Fisherman's Protective Act of 1967..........................  83-680
Fishery Conservation Amendments of 1990.....................  101-627
Fishery Conservation Zone Transition Act....................   95-6
Floyd D. Spence National Defense Authorization Act for        106-398
 Fiscal Year 2001...........................................
Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
 1991.......................................................
Food and Agriculture Act of 1977............................  95-113
Food for Progress Act of 1985 (sec. 1110)...................  99-198
Food Security Act of 1985...................................  99-198
Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
 G, subdivision A)..........................................
Foreign Affairs Reform and Restructuring Act of 1998          105-277
 (division G)...............................................
Foreign Agents Registration Act Amendments..................  89-486
Foreign Agents Registration Act of 1938.....................  75-583
Foreign Assistance Act of 1961..............................  87-195
Foreign Assistance Act of 1962..............................  87-565
Foreign Assistance Act of 1963..............................  88-205
Foreign Assistance Act of 1964..............................  88-633
Foreign Assistance Act of 1965..............................  89-171
Foreign Assistance Act of 1966..............................  89-583
Foreign Assistance Act of 1967..............................  90-137
Foreign Assistance Act of 1968..............................  90-554
Foreign Assistance Act of 1969, as amended..................  91-175
Foreign Assistance Act of 1971..............................  92-226
Foreign Assistance Act of 1973..............................  93-189
Foreign Assistance Act of 1974..............................  93-559
Foreign Assistance and Related Programs Appropriations Act,   98-151
 1984 (sec. 101(b)(1))......................................
Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
 subtitle A, part I)........................................
Foreign Corrupt Practices Act of 1977 (title I).............  95-213
Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
Foreign Direct Investment and International Financial Date    101-533
 Improvements Act of 1990...................................
Foreign Gifts and Decorations Act of 1966...................  89-673
Foreign Intelligence Surveillance Act of 1978...............  95-511
Foreign Investment Study Act of 1974........................  93-479
Foreign Military Sales Act Amendments, 1971.................  91-672
Foreign Missions Act (title II).............................  97-241
Foreign Missions Amendments Act (title VI)..................  98-164
Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
Foreign Operations, Export Financing, and Related Programs    100-202
 Appropriations Act, 1988 (sec. 101(e)).....................
Foreign Operations, Export Financing, and Related Programs    100-460
 Appropriations Act, 1989...................................
Foreign Operations, Export Financing, and Related Programs    101-167
 Appropriations Act, 1990...................................
Foreign Operations, Export Financing, and Related Programs    101-513
 Appropriations Act 1991....................................
Foreign Operations, Export Financing, and Related Programs    102-391
 Appropriations Act, 1993...................................
Foreign Operations, Export Financing, and Related Programs    103-306
 Appropriations Act, 1995...................................
Foreign Operations, Export Financing, and Related Programs    104-208
 Supplemental Appropriations Act, 1997 (title I, sec.
 101(c))....................................................
Foreign Operations, Export Financing, and Related Programs    106-113
 Appropriations Act, 2000 (H.R. 3422, enacted by reference).
Foreign Operations, Export Financing, and Related Programs    106-429
 Appropriations Act, 2001...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and  107-115
 Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs     108-7
 Appropriations Act, 2003 (division E)......................
Foreign Operations, Export Financing, and Related Programs    108-199
 Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs    108-447
 Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs    109-102
 Appropriations Act, 2006...................................
Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
Foreign Relations Authorization Act, Fiscal Year 2003.......  107-228
Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
 1987.......................................................
Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
 1989.......................................................
Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
 1991.......................................................
Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
 1993.......................................................
Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
 1995.......................................................
Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
 1999 (division G, subdivision B)...........................
Foreign Relations Authorization Act of 1972.................  92-352
Foreign Relations Persian Gulf Conflict Emergency             102-20
 Supplemental Authorization Act, Fiscal Year 1991...........
Foreign Service Act of 1980.................................  96-465
Foreign Service Buildings Act, 1926.........................  69-186
Foreign Service Retirement Amendments of 1976 (title V).....  94-350
Foreign Shipping Practices Act of 1988 (title X)............  100-418
Foreign Sovereign Immunities Act of 1976....................  94-583
Forest Resources Conservation and Shortage Relief Act of      101-382
 1990 (title IV)............................................
Freedom for Russia and Emerging Eurasian Democracies and      102-511
 Open Markets Support Act of 1992 (FREEDOM Support Act).....
Freedom Investment Act of 2002 (division A, title VI,         107-228
 subtitle E)................................................
FRIENDSHIP Act..............................................  103-199
Further Continuing Appropriations, 1985.....................  99-190
General Government Matters, Department of Commerce, and       87-125
 Related Agencies Appropriation Act, 1962...................
Generalized System of Preferences Renewal Act of 1984 (title  98-573
 V).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002.......  107-187
German-American Day.........................................  103-100
German Democratic Republic Fishery Agreement................  100-350
Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
Global AIDS Research and Relief Act of 2000 (title I).......  106-264
Global Anti-Semitism Review Act of 2004.....................  108-332
Global Change Research Act of 1990..........................  101-606
Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
Global Climate Protection Act of 1987 (title XI)............  100-204
Global Environmental Protection Assistance Act of 1989        101-240
 (title VII)................................................
Governing International Fishery Agreement With Poland.......  105-384
Governing International Fishery Agreements With Iceland and   98-623
 the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and     97-389
 Spain (title IV)...........................................
Great Ape Conservation Act of 2000..........................  106-411
Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
 A, sec. 101(h), title IX)..................................
HELP Commission Act (division B, sec. 637)..................  108-199
Helsinki Human Rights Day...................................  103-294
High Seas Driftnet Fisheries Enforcement Act................  102-582
High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
 VI)........................................................
High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
Higher Education Amendments of 1986.........................  99-498
Holocaust Victims Redress Act...............................  105-158
Horn of Africa Recovery and Food Security Act...............  102-274
Hostage Relief Act of 1980..................................  96-449
Human Rights, Refugees, and Other Foreign Relations           104-319
 Provisions Act of 1996.....................................
Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001...  107-24
Immigration Act of 1990.....................................  101-649
Immigration and Nationality Act.............................  82-414
Immigration Reform and Control Act of 1986..................  99-603
Implementation of Compact of Free Association With Palau....  101-219
Implementing Agreement for Vienna Convention on Diplomatic    101-62
 Relations..................................................
Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
 101(a), title VIII)........................................
Inspector General Act of 1978...............................  95-452
Intelligence Authorization Act for Fiscal Year 1985.........  98-618
Intelligence Authorization Act for Fiscal Year 1996.........  104-93
Intelligence Authorization Act for Fiscal Year 1997.........  104-293
Intelligence Authorization Act for Fiscal Year 1998.........  105-107
Intelligence Authorization Act for Fiscal Year 2000.........  106-120
Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
Inter-American Development Bank Act.........................  86-147
Inter-American Investment Corporation Act (title II, S.       98-473
 2416, enacted by reference)................................
Intercountry Adoption Act of 2000...........................  106-279
International Academic Opportunities Act of 2000 (title III)  106-309
International Anti-Bribery and Fair Competition Act of 1998.  105-366
International Anti-Corrpution and Good Governance Act of      106-309
 2000 (title II)............................................
International Arms Sales Code of Conduct Act of 1999          106-113
 (subtitle F, title XII, H.R. 3427, enacted by reference)...
International Atomic Energy Agency Participation Act of 1957  85-177
International Carriage of Perishable Foodstuffs Act.........  97-325
International Center Act....................................  90-553
International Child Abduction Remedies Act..................  100-300
International Claims Settlement Act of 1949.................  81-455
International Coffee Agreement Act of 1980..................  96-599
International Communication Agency Authorization for Fiscal   95-426
 Year 1979 (title II).......................................
International Communication Agency Authorization Act, Fiscal  96-60
 Years 1980 and 1981 (title II).............................
International Cooperation in Global Change Research Act of    101-606
 1990 (title II)............................................
International Cooperation to Protect Biological Diversity...  100-530
International Debt Management Act of 1988 (title III,         100-418
 subtitle B)................................................
International Development and Finance Act of 1989...........  101-240
International Development and Food Assistance Act of 1975...  94-161
International Development and Food Assistance Act of 1977...  95-88
International Development and Food Assistance Act of 1978...  95-424
International Development Association Act...................  86-565
International Development Cooperation Act of 1979...........  96-53
International Dolphin Conservation Act of 1992..............  102-523
International Dolphin Conservation Program Act..............  105-42
International Emergency Economic Powers Act (title II)......  95-223
International Energy Emergency Authorities: Extension.......  100-373
International Environmental Protection Act of 1983 (title     98-164
 VII).......................................................
International Finance Corporation Act.......................  84-350
International Financial Institutions Act....................  95-118
International Forestry Cooperation Act of 1990 (title VI)...  101-513
International Investment and Trade in Services Survey Act...  94-472
International Lending Supervision Act of 1983 (title IX)....  98-181
International Malaria Control Act (title I).................  106-570
International Maritime and Port Security Act (title IX).....  99-399
International Money Laundering Abatement and Financial Anti-  107-56
 Terrorism Act of 2001 (title III)..........................
International Narcotics Control Act of 1985 (title VI)......  99-83
International Narcotics Control Act of 1986 (title II)......  99-570
International Narcotics Control Act of 1988 (title IV)......  100-690
International Narcotics Control Act of 1989.................  101-231
International Narcotics Control Act of 1990.................  101-623
International Narcotics Control Corrections Act of 1994.....  103-447
International Natural Rubber Agreement Appropriation          96-271
 Authorization for Fiscal Year 1981.........................
International Organizations Immunities Act..................  79-291
International Parental Kidnapping Crime Act.................  105-173
International Peacekeeping Act of 1992......................  102-311
International Religious Freedom Act of 1998.................  105-292
International Security and Development Assistance             98-151
 Authorization Act of 1983 (sec. 101(b)(2)).................
International Security and Development Cooperation Act of     96-533
 1980.......................................................
International Security and Development Cooperation Act of     97-113
 1981.......................................................
International Security and Development Cooperation Act of     99-83
 1985.......................................................
International Security Assistance Act of 1977...............  95-92
International Security Assistance Act of 1978...............  95-384
International Security Assistance Act of 1979...............  96-92
International Security Assistance and Arms Export Control     94-329
 Act of 1976................................................
International Sugar Agreement, 1977, Implementation.........  96-236
International Trade and Investment Act (title III)..........  98-573
International Tuberculosis Control Act of 2000 (title II)...  106-264
Intervention on the High Seas Act...........................  93-248
Iran and Libya Sanctions Act of 1996........................  104-172
Iran Claims Settlement (title V)............................  99-93
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
Iran Nonproliferation Act of 2000...........................  106-178
Iran Nonproliferation Amendments Act of 2005................  109-112
Iran Nuclear Proliferation Prevention Act of 2002 (division   107-228
 B, title XIII, subtitle D).................................
Iraq Liberation Act of 1998.................................  105-338
Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
Irish Peace Process Cultural and Training Program Act of      105-319
 1998.......................................................
Japan-United States Friendship Act..........................  94-118
Japanese Imperial Government Disclosure Act of 2000 (title    106-567
 VIII)......................................................
Jerusalem Embassy Act of 1995...............................  104-45
Jobs Through Exports Act of 1992............................  102-549
Jobs Through Trade Expansion Act of 1994....................  103-392
Johnson Act--Financial Transactions With Foreign Governments  80-772
Joint Resolution to Implement the United States Proposal for  94-110
 the Early-Warning System in Sinai..........................
Jordan Supplemental Economic Assistance Authorization Act of  99-88
 1985 (title IV)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and    107-115
 Related Programs Appropriations Act, 2002..................
Latin American Development Act..............................  86-735
Lebanon Emergency Assistance Act of 1983....................  98-43
Legislative Branch Appropriation Act, 1961..................  86-628
Logan Act--Private Correspondence With Foreign Governments..  80-772
Magnuson-Stevens Fishery Conservation and Management Act of   94-265
 1976.......................................................
Marine Mammal Protection Act of 1972........................  92-522
Marine Turtle Conservation Act of 2004......................  108-266
Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
Mexico-United States Interparliamentary Group...............  86-420
Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
Microenterprise for Self-Reliance and International Anti-     106-309
 Corruption Act of 2000.....................................
Microenterprise Report to Congress..........................  108-31
Microenterprise Results and Accountability Act of 2004......  108-484
Micronesian Claims Act of 1971..............................  92-39
Middle East Peace Facilitation Act of 1993..................  103-125
Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
Middle East Peace Commitments Act of 2002 (division A, title  107-228
 VI, subtitle A)............................................
Migration and Refugee Assistance Act of 1962................  87-510
Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
 143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............  103-236
Millennium Challenge Act of 2003 (division D, title VI).....  108-199
Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
 1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
 J, title I)................................................
Miscellaneous International Affairs Authorization Act of      100-461
 1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
Missile Defense Act of 1991 (title II, part C)..............  102-190
Most-Favored-Nation Treatment for Cambodia..................  104-203
Most-Favored-Nation Treatment for People's Republic of        102-158
 Bulgaria...................................................
Most-Favored-Nation Treatment for People's Republic of        104-162
 Bulgaria...................................................
Most-Favored-Nation Treatment for Czechoslovakia............  101-541
Most-Favored Nation Treatment for Mongolian People's          102-157
 Republic...................................................
Most-Favored-Nation Treatment for Romania...................  104-171
Most-Favored Nation Treatment for the Union of Soviet         102-197
 Socialist Republics........................................
Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
 2253, enacted by reference)................................
Multilateral Development Banks Procurement Act (title III,    100-418
 subtitle C)................................................
Multilateral Development Banks: Sense of Congress (title X).  98-181
Multilateral Export Control Enhancement Amendments Act        100-418
 (title II, subtitle D, part II)............................
Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
 H.R. 3570, enacted by reference, title IV).................
Multinational Force and Observers Participation Resolution..  97-132
Multinational Force in Lebanon Resolution...................  98-119
Mutual Educational and Cultural Exchange Act of 1961........  87-256
Mutual Security Act of 1954.................................  83-665
Mutual Security Act of 1959.................................  86-108
Mutual Security Act of 1960.................................  86-472
National Academy of Peace and Conflict Resolution (title XV,  95-561
 part B)....................................................
National Aeronautics and Space Act of 1958..................  85-568
National Aeronautics and Space Administration Authorization   94-39
 Act, 1976..................................................
National Aeronautics and Space Administration Authorization   100-147
 Act of 1988................................................
National Aeronautics and Space Administration Authorization   100-685
 Act, Fiscal Year 1989......................................
National Aeronautics and Space Administration Authorization   101-611
 Act, Fiscal Year 1991......................................
National Aeronautics and Space Administration Authorization   102-195
 Act, Fiscal Year 1992......................................
National Aeronautics and Space Administration Authorization   102-588
 Act, Fiscal Year 1993......................................
National and Community Service Act of 1990..................  101-610
National Critical Materials Act of 1984 (title II)..........  98-373
National Defense Authorization Act, Fiscal Year 1987........  99-661
National Defense Authorization Act, Fiscal Year 1989........  100-456
National Defense Authorization Act for Fiscal Years 1988 and  100-180
 1989.......................................................
National Defense Authorization Act for Fiscal Years 1990 and  101-189
 1991.......................................................
National Defense Authorization Act for Fiscal Year 1991.....  101-510
National Defense Authorization Act for Fiscal Years 1992 and  102-190
 1993.......................................................
National Defense Authorization Act for Fiscal Year 1993.....  102-484
National Defense Authorization Act for Fiscal Year 1994.....  103-160
National Defense Authorization Act for Fiscal Year 1995.....  103-337
National Defense Authorization Act for Fiscal Year 1996.....  104-106
National Defense Authorization Act for Fiscal Year 1997.....  104-201
National Defense Authorization Act for Fiscal Year 1998.....  105-85
National Defense Authorization Act for Fiscal Year 1999.....  105-262
National Defense Authorization Act for Fiscal Year 2000.....  106-65
[Floyd D. Spence] National Defense Authorization Act for      106-398
 Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002.....  107-107
[Bob Stump] National Defense Authorization Act for Fiscal     107-314
 Year 2003..................................................
National Defense Authorization Act for Fiscal Year 2004.....  108-136
[Ronald W. Reagan] National Defense Authorization Act for     108-375
 Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006.....  109-163
National Emergencies Act....................................  94-412
National Endowment for Democracy Act (title V)..............  98-164
National Former Prisoners of War Recognition Day............  103-60
National Missile Defense Act of 1999........................  106-38
National Science Foundation Act of 1950.....................  81-507
National Security and Corporate Fairness under the            106-113
 Biological Weapons Convention Act (chapter 2, subtitle A,
 title XI, division B, H.R. 3427, enacted by reference).....
National Security Council...................................  80-253
National Shipbuilding and Shipyard Conversion Act of 1993     103-160
 (title XIII, subtitle D)...................................
National Space Council Authorization Act of 1990............  101-328
National Terrorist Asset Trading Center.....................  106-346
NATO Participation Act of 1994 (title II)...................  103-447
Naval Vessels Transfer Act of 2005..........................  109-134
Nazi War Crimes Disclosure Act..............................  105-246
Neotropical Migratory Bird Conservation Act.................  106-247
Neutrality Act of 1939......................................  76-54
Nicaraguan Adjustment and Central American Relief Act (title  105-100
 II)........................................................
Nondiscriminatory Treatment Toward Products of Albania......  102-363
Nondiscriminatory Treatment Toward Products of Romania......  103-133
Nonproliferation Assistance Coordinationa Act of 2002.......  107-228
Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
 1990.......................................................
North American Free Trade Agreement Implementation Act......  103-182
North Atlantic Treaty Organization Mutual Support Act of      96-323
 1979.......................................................
North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
 VIII, division A, H.R. 3427, enacted by reference).........
North Korean Human Rights Act of 2004.......................  108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
North Pacific Anadromous Stocks Convention Act of 1992        102-587
 (title VIII)...............................................
Northern Uganda Crisis Response Act.........................  108-283
Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
 II)........................................................
Nuclear Non-Proliferation Act of 1978.......................  95-242
Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
 Cooperation................................................
Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
Nuclear Security Initiative Act of 2003 (title XXXVI).......  108-136
Nuclear Waste Policy Act of 1982............................  97-425
Oceans Act of 1992..........................................  102-587
Oceans Act of 2000..........................................  106-256
Office of National Drug Control Policy Reauthorization Act    105-277
 of 1998 (division C, title VII)............................
Oil Pollution Act of 1990...................................  101-380
Omnibus Consolidated and Emergency Supplemental               105-277
 Appropriations Act for Fiscal Year 1999....................
Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
Omnibus Insular Areas Act of 1992...........................  102-247
Omnibus Trade and Competitiveness Act of 1988...............  100-418
Operation Desert Shield/Desert Storm Supplemental             102-28
 Appropriations Act, 1991...................................
Overseas Private Investment Corporation Amendments Act of     100-461
 1988 (H.R. 5263, enacted by reference).....................
Pacific Charter Commission Act of 2000 (title IV)...........  106-570
Pacific Salmon Treaty Act of 1985...........................   99-5
Passport Services Enhancement Act of 2005...................  109-167
Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
Panama Canal Act of 1979....................................  96-70
Panama Canal Act Amendments of 1996.........................  104-201
Panama Canal Commission Authorization Act for Fiscal Year     101-189
 1990 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     101-510
 1991 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-190
 1992 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-484
 1993 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-160
 1994 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-337
 1995 (title XXXVI).........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-106
 1996 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-201
 1997 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-85
 1998 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-261
 1999 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     106-65
 2000 (title XXXV)..........................................
Par Value Modification Act..................................  92-268
Par Value Modification Act--Foreign Currency Reports (title   93-110
 II)........................................................
Peace Corps Act.............................................  87-293
Peace Corps Act Amendments..................................  89-134
Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
 (title XI).................................................
Peace Corps Authorization for Fiscal Year 1993..............  102-565
Peace Corps Reauthorization.................................  106-30
Peace Process in Liberia....................................  102-270
Persian Gulf Conflict Supplemental Authorization and          102-25
 Personnel Benefits Act of 1991.............................
Persian Gulf POW/MIA Accountability Act of 2002.............  107-258
Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
 subtitle G)................................................
PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
President's Emergency Food Assistance Act of 1984 (title      98-473
 III).......................................................
Prevention of Child Abduction Partnership Act...............  108-370
Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
 E, title XII, H.R. 3427, enacted by reference).............
Protection and Reduction of Government Secrecy Act (title     103-236
 IX)........................................................
Protection of Antarctica....................................  101-620
Protection of Foreign Missions..............................  97-418
Providing for Increased Participation by the United States    96-259
 in the Inter-American and Asian Development Banks and
 African Development Fund...................................
Quincentenary of Voyage of Christopher Columbus.............  102-472
R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
Radio Broadcasting to Cuba Act..............................  98-111
Radio Free Afghanistan......................................  107-148
Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
Reaffirming North Atlantic Alliance--United States             96-9
 Commitment.................................................
Reaffirming the Unity of the North Atlantic Alliance          95-287
 Commitment.................................................
Records Relating to Nazi Warm Crimes........................  104-309
Refugee Act of 1980.........................................  96-212
Refugee Education Assistance Act of 1980....................  96-422
Release of USIA Materials to Museums........................  99-475
Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
Renewal of Import Restrictions--Burmese Freedom and           109-39
 Democracy Act of 2003......................................
Research and Training for Eastern Europe and the Independent  98-164
 States of the Former Soviet Union Act of 1983 (title VIII).
Resolution To Promote Peace and Stability in the Middle East   85-7
Rhinoceros and Tiger Conservation Act of 1994...............  103-391
Rhinoceros and Tiger Conservation Act of 1998...............  105-312
Rhinoceros and Tiger Conservation Reauthorization Act of      107-112
 2001.......................................................
Rio Grande American Canal Extension Act of 1990.............  101-438
Rio Grande Pollution Correction Act of 1987.................  100-465
Ronald W. Reagan National Defense Authorization Act for       108-375
 Fiscal Year 2005...........................................
Russian Democracy Act of 2002...............................  107-246
Russian Federation Debt for Nonproliferation Act of 2002      107-228
 (division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................  89-296
Sales of Arms to Jordan.....................................  99-162
Science, State, Justice, Commerce, and Related Agencies       109-108
 Appropriations Act, 2006...................................
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
Secure Embassy Construction and Counterterrorism Act of 1999  106-113
 (title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
 enacted by reference)......................................
Security Assistance Act of 2000.............................  106-280
Security Assistance Act of 2002 (division B)................  107-228
Senator Paul Simon Water for the Poor Act of 2005...........  109-121
Shark Finning Prohibition Act...............................  106-557
Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
 by reference)..............................................
Small Business International Trade and Competitiveness Act    100-418
 (title VII)................................................
South African Democratic Transition Support Act of 1993.....  103-149
South Pacific Tuna Act of 1988..............................  100-330
Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
Soviet Scientists Immigration Act of 1992...................  102-509
Special Drawing Rights Act..................................  90-349
Special Foreign Assistance Act of 1971......................  91-652
Special Foreign Assistance Act of 1986......................  99-529
Special International Security Assistance Act of 1979.......  96-35
Spoils of War Act of 1994 (title V, part B).................  103-236
State Department Basic Authorities Act of 1956..............  84-885
State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
Steel Import Stabilization Act (title VIII).................  98-573
Strategic and Critical Materials Transaction Authorization    96-175
 Act of 1979................................................
Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
 Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal  105-261
 Year 1999..................................................
Sudan Peace Act.............................................  107-245
Supplemental Appropriations Act of 1993.....................  103-50
Supplemental Appropriations Act, 1984.......................  98-181
Supplemental Appropriations Act, 1985.......................  99-88
Support for East European Democracy (SEED) Act of 1989......  101-179
Support for Overseas Cooperative Development Act (sec. 401).  106-309
Survival Assistance for Victims of Civil Strife in Central    101-215
 America....................................................
Sustainable Fisheries Act...................................  104-297
Syria Accountability and Lebanese Sovereignty Restoration     108-175
 Act of 2003................................................
Taiwan's Participation in the World Health Organization.....  108-235
Taiwan's Participation in the World Health Organization.....  108-28
Taiwan Relations Act........................................   96-8
Tariff Act of 1930..........................................  71-361
Tariff Suspension and Trade Act of 2000.....................  106-476
Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
 part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and       102-182
 Hungary....................................................
Terrorist Bombings Covnention Implementation Act of 2002....  107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B)..  107-228
To Provide Certain Authorities for the Department of State..  109-140
To Provide for an Investigation of the Whereabouts of U.S.    103-372
 Citizens Missing From Cyprus Since 1974....................
Tonkin Gulf Resolution......................................  88-408
Torture Victim Protection Act of 1991.......................  102-256
Torture Victims Relief Reauthorization Act of 1999..........  106-87
Torture Victims Relief Reauthorization Act of 2005..........  109-165
Tourism Policy and Export Promotion Act of 1992.............  102-372
Trade Act of 1974...........................................  93-618
Trade Act of 2002...........................................  107-210
Trade Agreements Act of 1979................................  96-39
Trade and Development Act of 2000...........................  106-200
Trade and Development Enhancement Act of 1983 (title VI,      98-181
 part C)....................................................
Trade and Tariff Act of 1984................................  98-573
Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
Trade Expansion Act of 1962.................................  87-794
Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
 (title IX).................................................
Trading With the Enemy Act..................................  65-91
Trafficking Victims Protection Act of 2000 (division A).....  106-386
Trafficking Victims Protection Reauthorization Act of 2005..  109-164
Trans-Alaska Pipeline Authorization Act.....................  93-153
Transfer of Items To War Reserves Stockpile for Allies,       109-159
 Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)...........  87-195
Tropical Forest Conservation Act Reauthorization............  108-323
Trust Territory of the Pacific Islands Act..................  92-257
Tuna Conventions Act of 1950................................  81-764
United Nations Environment Program Participation Act of 1973  93-188
United Nations Headquarters Agreement Act...................  80-357
United Nations Participation Act of 1945....................  79-264
United Nations Reform Act of 1998 (division F, subdivision    105-277
 C).........................................................
United Nations Reform Act of 1999 (title IX, division A,      106-113
 H.R. 3427, enacted by reference)...........................
United States-Australia Free Trade Agreement Implementation   108-286
 Act........................................................
United States-Canada Free Trade Agreement Implementation Act  100-449
 of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act.  108-77
United States Government Opposition to the Practice of        98-447
 Torture....................................................
United States Group of the North Atlantic Treaty              84-689
 Parliamentary Conferences--Participation Resolution........
United States-Hong Kong Policy Act of 1992..................  102-383
United States-India Fund for Cultural, Educational, and       98-164
 Scientific Cooperation Act (title IX)......................
United States Information Agency Authorization for Fiscal     94-350
 Year 1977 (title II).......................................
United States Information Agency Authorization for Fiscal     95-105
 Year 1978 (title II).......................................
United States Information Agency Authorization Act, Fiscal    97-241
 Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal    98-164
 Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal    99-93
 Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal    100-204
 Years 1988 and 1989 (title II).............................
United States Information and Educational Exchange Act of     80-402
 1948.......................................................
United States Institute for Peace Act (title XVII)..........  98-525
United States International Broadcasting Act of 1994 (title   103-236
 III).......................................................
United States-Bahrain Free Trade Agreement Implementation     109-169
 Act........................................................
United States-Israel Free Trade Area Implementation Act of    99-47
 1985.......................................................
United States-Japan Fishery Agreement Approval Act of 1987..  100-220
United States-Jordan Free Trade Area Implementation Act.....  107-43
United States-Korea Fishery Agreement.......................  100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and  108-25
 Malaria Act of 2003........................................
United States-Macau Policy Act of 2000 (title II)...........  106-570
United States-Morocco Free Trade Agreement Implementation     108-302
 Act........................................................
United States Policy in Iraq Act (section 1227).............  109-163
United States Policy Toward Haiti...........................  103-423
United States Recognition and Participation in International  91-269
 Expositions................................................
United States Scholarship Program for Developing Countries    99-93
 Authorization, Fiscal Years 1986 & 1987 (title VI).........
Uniting and Strengthening America By Providing Appropriate    107-56
 Tools Required To Intercept and Obstruct Terrorism (USA
 PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
Uruguay Rounds Agreements Act...............................  103-465
U.S.-China Relations Act of 2000............................  106-286
U.S. Holocaust Assets Commission Act of 1998................  105-186
U.S.-U.S.S.R. Fishing Agreement.............................  100-629
Victims of Terrorism Compensation Act (title VIII)..........  99-399
Victims of Trafficking and Violence Protection Act of 2000..  106-386
Vietnam Education Foundation Act of 2000 (title II).........  106-554
Visa for Officials of Taiwan................................  103-416
War Powers Resolution.......................................  93-148
Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
Western Hemisphere Drug Elimination Act (division C, title    105-277
 VIII)......................................................
Western Hemisphere Drug Elimination Technical Corrections     106-35
 Act........................................................
Whaling Convention Act of 1949..............................  81-676
Wild Bird Conservation Act of 1992..........................  102-440
Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
Withdrawal of MFN From Serbia and Montenegro................  102-420
World Food Day..............................................  103-108
Yukon River Salmon Act of 1995 (title VII)..................  104-43
Yukon River Salmon Act of 2000..............................  106-450
Zimbabwe Democracy and Economic Recovery Act of 2001........  107-99
------------------------------------------------------------------------

                            USE OF THE INDEX

                              ----------                              _

    The index is organized by subject matter only. Each subject 
entry also includes the legal citation indicating the document 
to which it refers. These legal citations were not chosen on 
the basis of standard legal citation form, but rather for the 
amount of information they provided and for convenience in 
producing a computer-printed index.
    Page references, wherever possible, indicate the exact page 
on which mention of the entry is made. Entries of a more 
general nature that refer to a large section or to an entire 
document are listed with the page on which the reference 
begins.
                               I N D E X

                              ----------                              _


 
 
                                    A
 
ABM Treaty
  Absence of
    Effect on strategic offensive    PL 100-180 Sec 233....      1258
     and defensive programs.
  Interpretation of
    Effect on Strategic Defense      PL 99-661 Sec 217.....      1278
     Initiative program.
ACTION
  (see also Foreign Service)
  (see also Peace Corps)
  Interdepartmental cooperation....  EO 12137 Sec 1-602....      1622
  Transfer of functions to Peace     PL 97-113 Sec 601(b)..      1595
   Corps.
Admiral James W. Nance and Meg       PL 106-113............       463
 Donovan Foreign Relations
 Authorization Act, Fiscal Years
 2000 and 2001.
Advisory Committee for Studies of    PL 98-164 Sec 804.....       155
 Eastern Europe and the Independent
 States of the Former Soviet Union.
  Report to Congress...............  PL 98-164 Sec 807.....       156
Afghan Women and Children Relief     PL 107-81.............       322
 Act of 2001.
Afghanistan Freedom Support Act of
 2002
  Drawdown support
    Supplemental appropriations,     PL 108-11 Sec 1307....        10
     2003.
Afghanistan-U.S. relations
  Afghan National Army
    Training and equipment funding.  PL 109-148 Sec 9006...       734
   Civilian casualties
     Report to Congress............  PL 109-163 Sec 1223...       707
                                     PL 109-13 Title I.....       739
  Coalition forces
    Funding availability...........  PL 109-148 Sec 9009...       735
  Counterdrug efforts
    Report to Congress.............  PL 108-375 Sec 1022...       753
    Sense of Congress..............  PL 108-375 Sec 1022...       753
    Supplemental appropriations,     PL 109-13 Sec 1003....       742
     2005.
   Defense articles and services
     Transfer to Afghan security     PL 109-163 Sec 1209...       703
     forces.
  Drug control
    Congressional review...........  PL 101-623 Sec 12.....       384
  Economic Support Fund
    Supplemental appropriations,     PL 108-11 Ch 5........        13
     2003.
  Findings of Congress.............  PL 107-81 Sec 2.......       322
  Foreign aid
    Assistance authorization.......  PL 107-81 Sec 3.......       323
  Humanitarian assistance..........  PL 99-661 Sec 331.....      1279
    Sense of Congress..............  PL 98-525 Sec 1542....      1323
  Military and security forces
    Assistance authorization.......  PL 108-375 Sec 1202...       762
                                     PL 109-163 Sec 1202...       698
  Operation Enduring Freedom
    Report to Congress.............  PL 107-314 Sec 1043...       809
Afghanistan-U.S. relations--
 Continued
  Refugees
    Humanitarian assistance........  PL 101-510 Sec 303....      1161
                                     PL 101-189 Sec 304....      1196
                                     PL 99-145 Sec 305.....      1289
Africa Food Security Initiative
  Foreign aid......................  PL 105-385 Sec 101....       185
Africa-U.S. relations
  Agricultural practices
    Study on improving.............  PL 106-200 Sec 130....       181
  Conflict resolution capabilities
    Improving......................  PL 103-381 Sec 4-5....       193
    Report to Congress.............  PL 103-381 Sec 9......       194
  Conflicts
    Sense of Congress..............  PL 103-381 Sec 2......       191
  Desertification
    U.S. role in combating.........  PL 106-200 Sec 131....       182
  Foreign aid
    Appropriations authorization,    PL 99-8...............       213
     FY 1985.
  Military establishments
    HIV/AIDS prevention training     PL 106-264 Sec 114....       512
     and education.
  Refugee assistance...............  PL 99-8 Sec 3.........       213
Africa, Horn of-U.S. relations
  Debt relief......................  PL 102-274 Sec 6(d)...       208
  Findings of Congress.............  PL 102-274 Sec 2......       202
  Food aid
    Private voluntary and            PL 102-274 Sec 6(a)(2)       207
     international organizations.
                                     PL 102-274 Sec 6(e)...       208
    Targeting......................  PL 102-274 Sec 6......       207
  International relief.............  PL 102-274 Sec 4(b)...       205
  Peace and development
    Promotion of...................  PL 102-274 Sec 5......       206
    U.N. efforts...................  PL 102-274 Sec 5......       206
  Relief and recovery program
    Report to Congress.............  PL 102-274 Sec 9......       210
  Relief and rehabilitation program  PL 102-274 Sec 4......       204
Africa, sub-Saharan-U.S. relations
  Africa Food Security Initiative..  PL 105-385 Sec 101....       185
  Agricultural research and          PL 105-385 Sec 105....       187
   extensions activities.
  Bill Emerson Humanitarian Trust    PL 105-385 Sec 211....       188
   Act of 1998.
  Conflict resolution
    Education and training program.  PL 103-381 Sec 7......       193
    U.S. plan supporting...........  PL 103-381 Sec 8......       194
  Demobilization and training
   program
    Foreign aid....................  PL 103-381 Sec 6......       193
  Development
    Findings of Congress...........  PL 105-385 Sec 2......       183
    U.S. policy....................  PL 105-385 Sec 2......       183
  Foreign aid
    Report to Congress.............  PL 105-385 Sec 301....       188
  HIV/AIDS
    Drugs and medical technology     EO 13155..............       519
     access.
    Findings of Congress...........  PL 106-200 Sec 129....       181
    U.S. policy goals..............  EO 13155..............       519
    U.S. private sector assistance.  PL 106-200 Sec 128....       180
  Microenterprise assistance.......  PL 105-385 Sec 102....       185
  Nonemergency food assistance       PL 105-385 Sec 201....       188
   programs.
  Orphans
    Support and education of.......  PL 106-264 Sec 113....       511
  Overseas Private Investment
   Corporation
    Development....................  PL 105-385 Sec 104....       187
Africa, sub-Saharan-U.S. relations--
 Continued
  Supporting producer-owned          PL 105-385 Sec 103....       186
   cooperatives.
Africa, sub-Saharan-U.S. trade
 relations
  Air traffic control equipment      PL 106-200 Sec 126....       178
   donations.
  Countries defined................  PL 106-200 Sec 107....       173
  Economic cooperation forum.......  PL 106-200 Sec 105....       171
  Economic development.............  PL 106-200 Sec 102....       169
  Export-Import Bank
    Expanding commitments..........  PL 106-200 Sec 124....       177
  Foreign aid
    Additional authorities.........  PL 106-200 Sec 127....       179
  HIV/AIDS
    Effect on workforce............  PL 106-200 Sec 105(e).       172
  Investment policies
    Report to Congress.............  PL 106-200 Sec 106....       173
  Overseas Private Investment
   Corporation
    Initiatives....................  PL 106-200 Sec 123....       176
  Policies supported by Congress...  PL 106-200 Sec 103....       170
  Presidential designation
    Eligibility requirements.......  PL 106-200 Sec 104....       170
  Trade and development
    Executive branch initiatives...  PL 106-200 Sec 122....       175
    U.S. policy....................  PL 106-200 Sec 122....       175
  U.S. trade and investment
   policies
    Report to Congress.............  PL 106-200 Sec 106....       173
  United States and Foreign
   Commercial Service
    Activities.....................  PL 106-200 Sec 125....       177
Africa: Seeds of Hope Act..........  PL 105-385............       183
African Conflict Resolution Act....  PL 103-381............       191
African Development Foundation
  Sub-Saharan Africa
    Support for economic             PL 106-200 Sec               180
     development.                     127(b)(4).
African Famine Relief and Recovery   PL 99-8...............       213
 Act of 1985.
African Growth and Opportunity Act.  PL 106-200 Sec 101....       169
  Lesser developed beneficiary
   countries
    Defined........................  PL 106-200 Sec 107....       173
Agency for International
 Development
  Foreign aid
    Functions delegated to.........  45 FR 11655 Sec 2.....       571
  Foreign aid program
    Administration of..............  EO 12163 Sec 1-2......       556
  Functions to Overseas Private      EO 11579 Sec 4........       582
   Investment Corporation.
  Global Environmental Center......  PL 106-309 Sec 402....       505
  Microenterprise assistance
   activities
    Support for....................  PL 106-309 Sec 109....       500
  Operating expenses
    Supplemental appropriations,     PL 108-11 Ch 5........        12
     2003.
Agricultural Act of 1949...........  PL 81-439.............      1439
Agricultural commodities
  (see also Agricultural commodity
   sales)
  Barter of........................  PL 100-418 Sec 4309...      1491
                                     PL 95-501 Sec 204.....      1512
  Commodity Credit Corporation
    Credit guarantees..............  PL 95-501 Sec 202.....      1506
    Export sales financing.........  PL 95-501 Sec 201.....      1504
    Market promotion program.......  PL 95-501 Sec 203.....      1509
  Cuban sugar
    Quota allocation restrictions..  PL 99-198 Sec               1454
                                      902(c)(1).
  Developing countries
    Free enterprise................  PL 99-198 Sec 1110(b).      1455
  Eggs and egg products
    International trade............  PL 100-418 Sec 4606...      1497
Agricultural commodities--Continued
  Export programs
    Limitations on.................  PL 95-501 Sec 416.....      1524
  Exports
    Commodity Credit Corporation     PL 95-501 Sec 603.....      1529
     assistance.
    Consultations with Congress....  PL 107-171 Sec 3206...      1406
    Cooperator market development    PL 99-198 Sec 1126....      1467
     program.
    Embargo protection.............  PL 95-501 Sec 411.....      1521
    Findings.......................  PL 100-418 Sec 4101...      1486
    Market development activities    PL 100-418 Sec 4215...      1490
     authorization.
    Opportunities for growth.......  PL 107-171 Sec 3206...      1406
    Policy.........................  PL 100-418 Sec 4102...      1488
    Program controls...............  PL 95-501 Sec 401-404.      1519
    Promotion of...................  PL 95-501 Sec 103.....      1502
    U.S. maritime industry.........  PL 99-198 Sec 1141....      1469
  Foreign countries
    Procurement for school children  PL 107-171 Sec 3107...      1402
  High-value.......................  PL 95-501 Sec 303.....      1518
  Imports
    Consultations with U.S. Trade    PL 95-501 Sec 413.....      1523
     Representative.
    Prohibitions on................  PL 101-624 Sec 1308...      1425
    Studies on.....................  PL 100-418 Sec 4501-        1492
                                      4509.
  International negotiations.......  PL 99-198 Sec 1123....      1466
  Poland
    U.S. donations.................  PL 100-418 Sec 2223...       150
  Recipient countries
    Economic development efforts...  PL 83-480 Sec 404.....      1376
  Sale of
    Establishment of programs......  EO 12752 Sec 1........      1480
  Trade
    Unfair practices relief........  PL 95-501 Sec 302.....      1518
  Trade agreements with certain      PL 100-418 Sec 4203...      1488
   countries.
  Trade negotiations policy........  PL 99-198 Sec 1123....      1466
  Transported in U.S. ships........  49 Stat 1985 Sec 901b.       545
  Value-added......................  PL 95-501 Sec 303.....      1518
Agricultural commodity sales
  (see also Food aid)
  Administrative provisions........  PL 83-480 Sec 407.....      1379
  Agreements.......................  PL 83-480 Sec 404.....      1376
  Appropriations authorization.....  PL 83-480 Sec 412.....      1384
  Commodities available............  PL 83-480 Sec 401.....      1372
  Commodity Credit Corporation.....  PL 83-480 Sec 406.....      1378
  Consultation with other exporting  PL 97-98 Sec 1206.....      1552
   nations.
  Cotton sales.....................  PL 85-931 Sec 8.......      1478
  Currency uses
    By private voluntary             PL 83-480 Sec 203.....      1362
     organizations.
    Conditions on..................  PL 83-480 Sec 203.....      1362
  Debt forgiveness.................  PL 83-480 Sec 411.....      1383
    Presidential determination.....  PL 83-480 Sec 411(b)..      1384
  Deferral of payments.............  PL 83-480 Sec 103(d)..      1356
  Defined..........................  PL 83-480 Sec 402.....      1372
  Developing countries
    Terms and conditions...........  PL 83-480 Sec 103.....      1355
  Drug control objectives..........  PL 83-480 Sec 414.....      1385
  Eligible organizations
    Support for....................  PL 83-480 Sec 202(e)..      1360
  Export assistance................  PL 98-258 Sec 501.....      1474
  Exports
    Dairy products.................  PL 99-198 Sec 1163....      1470
  Exports prohibited to Soviet
   Union
    Commodity Credit Corporation     PL 96-494 Sec 206.....      1531
     purchases.
    Price supports.................  PL 96-494 Sec 206.....      1531
Agricultural commodity sales--
 Continued
  Farmer-to-farmer program.........  PL 99-198 Sec 1107....      1454
  Food Aid Consultative Group......  PL 83-480 Sec 205.....      1364
  Food for Development Program.....  PL 83-480 Sec 301.....      1368
    Country eligibility............  PL 83-480 Sec 301.....      1368
  Foreign aid programs
    Coordination with..............  PL 83-480 Sec 413.....      1385
  Foreign currency uses
    Agricultural development.......  PL 83-480 Sec               1357
                                      104(c)(2).
    Agricultural facilities loans..  PL 83-480 Sec               1357
                                      104(c)(4).
    Business development loans.....  PL 83-480 Sec               1357
                                      104(c)(3).
    Debt payments..................  PL 83-480 Sec 104.....      1357
    Fiscal requirements............  PL 83-480 Sec 104(d)..      1358
    Private sector trade             PL 83-480 Sec               1357
     development.                     104(c)(6).
    Report to Congress.............  PL 81-439 Sec               1447
                                      416(b)(9)(B).
    Research.......................  PL 83-480 Sec               1358
                                      104(c)(7).
    Trade development..............  PL 83-480 Sec               1357
                                      104(c)(1).
    Trade promotions...............  PL 83-480 Sec               1357
                                      104(c)(5).
  Foreign self-help measures.......  PL 83-480 Sec 404.....      1376
  Foreign self-sufficiency.........  PL 99-198 Sec 1107....      1454
  General provisions...............  PL 83-480 Sec 403.....      1374
  Human rights violations..........  PL 83-480 Sec 403(j)..      1376
  International agreements
    Consultation with Congress.....  PL 97-98 Sec 1202.....      1551
  Least developed countries
    Local currency accounts........  PL 83-480 Sec 305.....      1370
    Local currency uses............  PL 83-480 Sec 306.....      1370
  Levels of assistance.............  PL 83-480 Sec 204.....      1363
    Using value-added commodities..  PL 83-480 Sec 204(b)..      1364
  Micronutrient fortification        PL 83-480 Sec 415.....      1386
   programs.
  Multi-year agreements
    Conditioned....................  PL 83-480 Sec 404.....      1376
  Operation of review..............  PL 95-113 Sec 1210....      1476
  Policy direction.................  PL 83-480 Sec 2.......      1352
  Private enterprise...............  PL 83-480 Sec 201.....      1358
    Administration.................  PL 83-480 Sec 207.....      1365
    Currency uses..................  PL 83-480 Sec 203.....      1362
  Prohibitions.....................  PL 83-480 Sec 403(a)..      1374
  Publicity of U.S. role...........  PL 83-480 Sec 403(f)..      1375
  Purpose of.......................  PL 83-480 Sec 2.......      1352
  Recipient countries
    Disruptive impact on...........  PL 83-480 Sec 403.....      1374
  Regulatory barriers
    Removal of.....................  PL 101-624 Sec 1543A..      1426
  Report to Congress...............  PL 83-480 Sec 407(f)..      1382
  Suspension of....................  PL 96-494 Sec 208.....      1532
  Trade suspension reserve.........  PL 96-494 Sec 208.....      1532
  United Nations World Food Program  PL 83-480 Sec 202(a)..      1359
  Use in obtaining natural           PL 96-494 Sec 210.....      1536
   resources.
Agricultural Competitiveness and     PL 100-418 Sec 4001...      1486
 Trade Act of 1988.
Agricultural Development and Trade   PL 101-624 Sec 1501...      1428
 Act of 1990.
Agricultural Programs Adjustment     PL 98-258.............      1474
 Act of 1984.
Agricultural trade
  Agreements
    Consultation with Congress.....  PL 107-171 Sec 3210(c)      1409
  Emerging markets
    U.S. agricultural expertise....  PL 101-624 Sec 1542...      1429
  Priorities
    Sense of the Senate............  PL 107-171 Sec 3210(b)      1409
  Report to Congress...............  PL 101-624 Sec              1434
                                      1542(e)(2).
  Sense of the Senate..............  PL 107-171 Sec 3210...      1408
  U.S. negotiating objectives......  PL 99-198 Sec 1123....      1466
Agricultural Trade Act of 1978.....  PL 95-501.............      1500
Agricultural Trade and Export        PL 97-98 Sec 1217.....      1552
 Policy Commission Act.
Agricultural Trade and Food Aid,     PL 99-198 Sec 1113....      1464
 Special Assistant for.
Agricultural Trade Development and   PL 83-480.............      1351
 Assistance Act of 1954.
  Implementation of................  EO 12752..............      1480
Agricultural Trade Suspension        PL 96-494 Sec 201.....      1531
 Adjustment Act of 1980.
Agriculture
  Agricultural Trade Act of 1978
    Definitions....................  PL 95-501 Sec 102.....      1500
    Purpose........................  PL 95-501 Sec 101.....      1500
  Agricultural Trade and Export      PL 97-98 Sec 1219.....      1553
   Policy, National Commission on.
  Center for North American Studies  PL 102-532 Sec 4......       267
  Developmental assistance to        PL 101-624 Sec 1543...      1435
   foreign countries.
  Exports
    Foreign exchange risks.........  PL 99-198 Sec 1134....      1468
  Imports
    Pesticide information..........  PL 100-418 Sec 4701...      1561
  International programs
    Appropriations authorization...  PL 95-113 Sec 1459A...      1549
    Grants for.....................  PL 95-113 Sec 1459A...      1549
  Operations and systems
    Improving in foreign countries.  PL 83-480 Sec 501.....      1387
  Trade consultations with other     PL 99-198 Sec 1123....      1466
   countries.
  United States-Mexico Foundation    PL 95-113 Sec 1459....      1548
   for Science.
Agriculture and Food Act of 1981...  PL 97-98..............      1551
Agriculture Export Relief Act of     PL 105-194............       351
 1998.
Agriculture, Department of
  Administrator of the Foreign       PL 95-501 Sec 502.....      1526
   Agricultural Service.
  Dairy products purchases
    Using Commodity Credit           PL 83-480 Note........      1401
     Corporation funds.
  Foreign countries
    Cooperative arrangements.......  PL 95-113 Sec 1458....      1545
                                     PL 95-113 Sec               1546
                                      1458(a)(2).
    International research,          PL 95-113 Sec 1458....      1545
     extension, and training.
  International activities.........  PL 101-624 Sec 1613...      1426
  International Arid Land            PL 95-113 Sec               1547
   Consortium.                        1458(a)(8).
  International research,            PL 95-113 Sec 1458....      1545
   extension, and training.
  Under Secretary for International  PL 95-501 Sec 501.....      1526
   Affairs and Commodity Programs.
Agriculture, Rural Development,      PL 109-97.............      1449
 Food and Drug Administration, and
 Related Agencies Appropriations
 Act, 2006.
Agriculture, Secretary of
  (see also Agricultural commodity
   sales)
  Agricultural commodity sales.....  PL 83-480 Sec 103.....      1355
  Importing agricultural
   commodities
    Trade consultations............  PL 95-501 Sec 414.....      1523
  Trade strategy development.......  PL 95-501 Sec 103.....      1502
Agriculture, Uruguay Round
 Agreement on
  Implementation of commitments
    Report to Congress.............  PL 95-501 Sec 106.....      1504
AIDS
  Effect on sub-Saharan African      PL 106-200 Sec 105(e).       172
   workforce.
  Food aid appropriations, 2006....  PL 109-97 Sec 725.....      1451
  Global Alliance for Vaccines and
   Immunizations
    Report to Congress.............  PL 106-264 Sec 112....       511
Airports, foreign
  Sub-Saharan Africa
    Air traffic control equipment    PL 106-200 Sec 126....       178
     donations.
American Aid to Poland Act of 1988.  PL 100-418 Sec 2221...       150
American University in Bulgaria
  Findings and sense of Congress...  PL 106-570 Sec 503....       492
Andrei Sakharov Archives and Human
 Rights Center
  Grant
    Appropriations authorization...  PL 107-246 Sec 7......        66
Anglo-Irish Agreement
  International Fund
    U.S. contributions to..........  PL 99-415 Sec 3.......       356
  U.S. contributions in support of
    Conditions and understandings..  PL 99-415 Sec 5.......       357
    Report to Congress.............  PL 99-415 Sec 6.......       358
Anglo-Irish Agreement Support Act    PL 99-415.............       355
 of 1986.
Angola-U.S. relations
  Oil products
    Purchase prohibition...........  PL 99-661 Sec 316.....      1279
  Petroleum products purchases
    Presidential certification.....  PL 102-484 Sec 842....      1085
Anti-Drug Abuse Act of 1986........  PL 99-570.............       402
Anti-Drug Abuse Act of 1988........  PL 100-690............       399
Anti-satellite weapons
  Miniature homing vehicle (MHV)
    Presidential determination.....  PL 98-94 Sec 1235.....      1332
  Testing
    Moratorium on..................  PL 100-180 Sec 208....      1250
    Policy on......................  PL 98-94 Sec 1235.....      1332
Apartheid
  Comprehensive Anti-Apartheid Act
   of 1986
    Measures repealed..............  PL 103-149 Sec 4......       197
Appropriations
  Military
    Funds transfer limitations.....  10 USC 2214...........       635
  Working capital funds
    Transfer limitations...........  10 USC 2214...........       635
Appropriations, fiscal year 2000
 and 2001
  Foreign aid programs.............  PL 106-113............       463
Appropriations, fiscal year 2003
  Emergency Wartime Supplemental...  PL 108-11.............         6
  Foreign aid programs.............  PL 108-11.............        12
Arab-Israeli conflict
  (see Middle East)
Arab-U.S. relations
  Israel boycott
    Department of Defense contracts  10 USC 2410i..........       667
Arctic Military Environmental
 Cooperation Program
  Cooperative activities...........  PL 105-261 Sec 327....       923
  Review by Comptroller General....  PL 108-136 Sec 324....       785
Armed forces
  (see Military, U.S.)
Arms control
  Agreements
    Verification of................  PL 101-510 Sec 3151...      1191
                                     PL 101-189 Sec 903....      1202
  Exports
    Technology control.............  PL 101-510 Sec 1701...      1183
  Independent states of the former   PL 102-511 Sec 501....        87
   Soviet Union.
    Foreign aid eligibility........  PL 102-511 Sec 502....        87
    Nonproliferation and             PL 102-511 Sec 504....        89
     disarmament fund.
Arms control--Continued
  International activities
    Support for....................  PL 102-511 Sec 509....        93
  International strategy
    Report to Congress.............  PL 107-228 Sec 1309...       421
  Iran-Iraq
    U.S. policy....................  PL 102-484 Sec 1602...        27
  Key Verification Assets Fund
    Appropriations authorization,    PL 107-228 Sec 1102...       411
     2003.
  Land mines
    Export moratorium..............  PL 102-484 Sec 1365...      1102
    Export moratorium extension....  PL 103-160 Sec 1423...      1065
  Missile technology
    Multilateral export controls...  PL 101-510 Sec 1701...      1183
  Verification and compliance
    Appropriations authorization,    PL 107-228 Sec 1101...       410
     2003.
Arms Export Control Act
  Cooperative projects.............  10 USC 2350b..........       653
Arms export controls
  Administration of................  EO 11958..............       578
  Anti-personnel land mines........  PL 103-160 Sec 1423...      1065
                                     PL 102-484 Sec 1365...      1102
Arms exports, U.S.
  Dual-use technologies
    Report to Congress.............  PL 103-160 Sec 1422...      1065
Arms sales
  Belarus
    Report to Congress.............  PL 108-347 Sec 7......        60
  Global code of conduct
    Human rights respect...........  PL 106-113 Sec               474
                                      1262(b)(2).
    Terrorism......................  PL 106-113 Sec               474
                                      1262(b)(4).
  International controls on
    Global code of conduct.........  PL 106-113 Sec 1262(b)       473
    Report to Congress.............  PL 106-113 Sec 1262(c)       474
  Iraq or Iran
    Report to Congress.............  PL 102-484 Sec 1607...        29
    Sanctions against certain        PL 102-484 Sec 1604...        27
     persons.
    Sanctions against foreign        PL 102-484 Sec 1605...        28
     countries.
  Missiles and missile technology
    U.S. policy on.................  PL 101-510 Sec 1701...      1183
  OA-37 Dragonfly
    Sense of Congress..............  PL 98-525 Sec 113.....      1311
  Offset policy
    Technology transfer conditions.  PL 100-456 Sec 825....      1231
Arms sales, U.S.
  Administration of................  EO 11958..............       578
  Credit sales
    Appropriations authorization,    PL 107-228 Sec 1201...       411
     2003.
  Decrement stock..................  10 USC 2390...........       667
  Defense articles
    Export loan guarantees.........  PL 103-160 Sec 1186...      1055
  Defense Trade Application System
    Automation of..................  PL 107-228 Sec 1403...       434
  Impact on U.S. industrial base...  PL 98-525 Sec 1522....      1320
  Prepositioned War Reserve Stocks   10 USC 2390...........       667
   for United States Forces.
  Prohibited defense articles......  10 USC 2390...........       667
    Presidential determination.....  10 USC 2390...........       667
    Report to Congress.............  10 USC 2390...........       667
  Taiwan
    Non-NATO ally designation......  PL 107-228 Sec 1206...       412
  Turkey...........................  PL 94-104 Sec 2.......       477
Asia-Pacific area
  U.S. Armed Forces in
    Findings of Congress...........  PL 105-85 Sec 1225....       975
  Waiver of educational activities   PL 107-248 Sec 8073...       845
   costs.
Asia-U.S. relations
  Regional security
    Findings of Congress...........  PL 102-190 Sec 1043...      1140
Assistance for International         PL 106-570 Sec 1......       489
 Malaria Control Act.
Australia-U.S. relations
  Arms sales
    Policy of Congress.............  PL 108-375 Sec 1225...       771
AWACS
  NATO
    Authority of Secretary of        10 USC 2350e..........       658
     Defense.
Azerbaijan-U.S. relations
  Foreign aid
    Restrictions on................  PL 102-511 Sec 907....       103
 
 
                                    B
 
Balance of payments
  Reserved foreign currencies        31 USC 5303...........       542
   available.
Baltic States-U.S. relations
  Nonlethal defense articles
    Eligibility for................  PL 102-511 Sec 906....       102
Bangladesh Disaster Assistance Act   PL 100-576............       352
 of 1988.
Bangladesh-U.S. relations
  Disaster assistance
    Report to Congress.............  PL 100-576 Sec 5......       354
Banks, international
  (see individual institutions)
  (see International financial
   institutions)
  (see Multilateral development
   banks (MDBs))
Belarus Democracy Act of 2004......  PL 108-347............        57
Belarus-U.S. relations
  Arms sales
    Report to Congress.............  PL 108-347 Sec 7......        60
  Democracy promotion
    Findings of Congress...........  PL 108-347 Sec 2......        57
    Foreign aid....................  PL 108-347 Sec 2......        58
  Multilateral cooperation
    Sense of Congress..............  PL 108-347 Sec 6......        60
  Radio broadcasting to............  PL 108-347 Sec 4......        59
  Sanctions
    Sense of Congress..............  PL 108-347 Sec 5......        59
Berlin
  (see Germany-U.S. relations)
Bermuda-U.S. relations
  Armed Forces in
    Environmental effects..........  PL 105-85 Sec 346.....       950
Bill Emerson Humanitarian Trust Act  PL 96-494 Title III...      1539
Bill Emerson Humanitarian Trust Act  PL 105-385 Subtitle B.       188
 of 1998.
Binary chemical munitions
  Prohibition on procurement.......  PL 98-525 Sec 111.....      1310
Biological diversity
  International cooperation to       PL 100-530............       538
   protect.
Biological weapons
  Countries developing
    Identifying....................  PL 104-106 Sec 1323(c)      1015
  Illegal importation prevention
    Presidential certification.....  PL 104-201 Sec 229....       987
  National emergency
    Secretary of Defense...........  10 USC 382............       616
  Technology transfer
    Report to Congress.............  PL 102-190 Sec 1097...      1153
Biotechnology and agricultural
 trade program
  Established......................  PL 101-624 Sec 1543A..      1426
Bob Stump National Defense           PL 107-314 Sec 1......       807
 Authorization Act for Fiscal Year
 2003.
Bolivia-U.S. relations
  Drug control
    Additional eradication           PL 105-277 Sec 823....       367
     resources.
    Foreign aid....................  PL 105-277 Sec 823....       367
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
 Border security programs
   Reports to Congress.............  PL 109-163 Sec 3116...       724
Bosnia-Herzegovina-U.S. relations
  Arms embargo
    International policy on........  PL 103-337 Sec 1404(e)      1048
    Sense of Congress..............  PL 103-337 Sec 1404...      1047
    U.S. policy on.................  PL 103-337 Sec 1404(d)      1047
  Conflict
    Sense of Congress..............  PL 103-337 Sec 1404...      1047
  Covered U.S. forces
    Report to Congress.............  PL 105-85 Sec 1204....       965
  Peacekeeping deployment
    Report to Congress.............  PL 103-337 Sec 1402...      1045
  Political and military situation
    Report to Congress.............  PL 105-85 Sec 1205....       966
  Sense of Congress................  PL 104-201 Sec 1083...       998
  U.S. Armed Forces in
    Definitions....................  PL 105-85 Sec 1206....       966
    Findings of Congress...........  PL 105-261 Sec 1201...       930
                                     PL 105-85 Sec 1201....       962
    Sense of Congress..............  PL 105-261 Sec 1201...       930
  U.S. ground combat forces
    Withdrawal of..................  PL 105-85 Sec 1203....       964
Bosnia-U.S. relations
  Peacekeeping operations, FY 1999
    Appropriations authorization...  PL 105-261 Sec 1004...       926
    Funding limitation.............  PL 105-261 Sec 1004(c)       926
  Peacekeeping operations, FY 2000
    Funding limitation.............  PL 106-65 Sec 1006....       887
  Peacekeeping operations, FY 2001
    Funding limitation.............  PL 106-398 Sec 1005...       859
  Peacekeeping operations, FY 2002
    Funding limitation.............  PL 107-107 Sec 1005...       849
Bottom-Up Review
  Korean peninsula
    Military planning..............  PL 103-337 Sec 1323...      1041
Boycotts, foreign
  Against U.S. allies
    U.S. policy on.................  PL 102-190 Sec 1075...      1148
  Secondary Arab boycott of Israel.  10 USC 2410i..........       667
Broadcasting
  Capital improvements
    Appropriations authorization,    PL 106-286 Sec 701....       344
     FY 2003.
Broadcasting, international
  Operations
    Appropriations authorization,    PL 106-286 Sec 701....       344
     FY 2003.
  To Belarus.......................  PL 108-347 Sec 4......        59
Brooke-Alexander Amendment
  Waiver of........................  PL 102-274 Sec 7(b)...       209
                                     PL 101-623 Sec 4(d)...       383
                                     PL 101-231 Sec 6......       393
Bulgaria-U.S. relations
  American University in
    Findings and sense of Congress.  PL 106-570 Sec 503....       492
Bumpers Amendment
  Waiver of........................  PL 101-231 Sec 14.....       398
Burden sharing
  Allied countries
    Efforts to increase............  PL 105-85 Sec 1221....       971
Burden sharing--Continued
  Allied countries--Continued
    Efforts to increase--Continued
                                     PL 104-201 Sec 1084...       998
    Report to Congress.............  PL 105-85 Sec 1221....       971
                                     PL 104-201 Sec 1084(c)       999
    Sense of Congress..............  PL 107-107 Sec 1214...       853
                                     PL 101-510 Sec 1455...      1178
  Designated countries and
   organizations
    Contributions from.............  10 USC 2350j..........       662
  Discussions with mutual defense    PL 100-456 Sec 1008...      1235
   alliances.
  Findings of Congress.............  PL 103-160 Sec 1401...      1058
  Host nations
    Revised agreements.............  PL 102-484 Sec 1301...      1089
  Japan
    U.S. defense expenditures in...  PL 100-180 Sec 1011...      1263
  Sense of Congress................  PL 103-160 Sec 1401(b)      1059
Buy American Act
  Military procurement
    Policy on......................  PL 93-365 Sec 707.....      1339
  Waiver of
    Limitation on authority........  PL 102-190 Sec 833....      1137
                                     PL 101-189 Sec 823....      1198
 
 
                                    C
 
Cambodia-U.S. relations
  Politics and government
    Findings and sense of Congress.  PL 105-85 Sec 1231....       982
Canada-U.S. relations
  Agriculture
    Center for North American        PL 102-532 Sec 4......       267
     Studies.
  Former defense sites
    Environmental cleanup..........  PL 105-261 Sec 322....       922
Cargo preference law requirements
  Sales of fresh fruit
    Exemptions from................  PL 83-480 Note........      1400
Caribbean area-U.S. relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
  Enterprise for the Americas
   Facility
    Establishing...................  PL 83-480 Sec 602.....       270
  Free trade zone
    Effect on United States........  PL 102-532 Sec 5......       268
  Military training
    Inter-American Air Forces        10 USC 9415...........       690
     Academy.
Caribbean Basin countries
  Farmer-to-farmer program
    Establishing...................  PL 83-480 Sec 501(b)..      1388
Center for Disaster Management and
 Humanitarian Assistance
  Payment authorization............  PL 107-248 Sec 8093...       845
Center for Excellence in Disaster    10 USC 182............       607
 Management and Humanitarian
 Assistance.
Center for North American Studies
  Appropriations authorization.....  PL 102-532 Sec 4......       267
Center for the Study of Chinese
 Military Affairs
  Establishment of.................  PL 106-65 Sec 914.....       884
Central America-U.S. relations
  Civilian victims
    Humanitarian assistance........  PL 101-215 Sec 1......       284
  Military training
    Inter-American Air Forces        10 USC 9415...........       690
     Academy.
Central America-U.S. relations--
 Continued
  Peace and democracy
    Advancement of.................  PL 100-276............       285
  Sapoa Agreement..................  PL 100-276 Sec 2......       285
  U.S. Armed Forces in
    Sense of Congress..............  PL 98-525 Sec 310.....      1311
Central and South America-U.S.
 relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
Central European Small Business
 Enterprise Development Commission
  Established......................  67 Stat 232...........       160
  Report to Congress...............  67 Stat 232...........       161
Chemical agents
  Training use
    Transfer to the Attorney         PL 106-65 Sec 1065....       899
     General.
Chemical and biological weapons
  Emergency response to
    Testing and improving..........  PL 107-314 Sec 3154...       824
Chemical Warfare Review Commission.  PL 98-525 Sec 1511....      1319
Chemical weapons
  BIGEYE bomb
    Production restrictions........  PL 99-145 Sec 1411(d).      1292
  Binary chemical munitions
    Conditions for use of funds....  PL 99-145 Sec 1411....      1291
  Disposal of
    International consultation       PL 102-484 Sec 178....      1083
     exchange program.
    Sense of Congress..............  PL 102-484 Sec 178....      1083
  Eliminating
    Negotiations on................  PL 97-252 Sec 1124....      1336
  Germany
    Transfer to Johnston Island....  PL 101-510 Sec 364....      1164
  Illegal importation prevention
    Presidential certification.....  PL 104-201 Sec 229....       987
  Iraq
    Violation of United Nations      PL 102-190 Sec 1095...      1152
     Security Council Resolution
     687.
  Lethal agents and munitions
     Destruction of................  PL 106-65 Sec 107.....       847
                                     PL 99-145 Sec 1412....      1293
    Report to Congress.............  PL 99-145 Sec 1412(g).      1297
    Strategic plan for U.S.          PL 99-145 Sec 1412(d).      1296
     stockpile destruction.
  National emergency
    Secretary of Defense...........  10 USC 382............       616
  NATO members posture
    Report to Congress.............  PL 99-145 Sec 1411(g).      1292
   Riot control agents procured for
   U.S. Armed Forces
     Not defined as chemical         PL 109-163 Sec 1232...       712
     weapons.
  Technology transfer
    Report to Congress.............  PL 102-190 Sec 1097...      1153
  Testing
    Report to Congress.............  PL 99-145 Sec 1413....      1300
Chemical Weapons Convention
  U.S. compliance with
    Findings of Congress...........  PL 107-228 Sec 1605...       438
    OPCW designated laboratories...  PL 107-228 Sec 1605...       438
  United States National Authority
    Securing OPCW designation......  PL 107-228 Sec 1605(b)       439
Children
  Foreign countries
    Reducing hunger................  PL 107-171 Sec 3107...      1402
  Health programs
    Immunizations..................  PL 99-198 Sec 1112(b).      1463
Children--Continued
  Soldiers
    Colombia.......................  PL 106-246 Title III..       216
    Sense of Congress..............  PL 106-398 Sec 1236...       870
Chile-U.S. relations
  Reconstruction of................  PL 86-735 Sec 3.......       292
China-U.S. relations
  Chinese military companies
    IEEPA authorities..............  PL 105-261 Sec 1237...       943
  Commercial and labor rule of law
   programs
    Establishing...................  PL 106-286 Sec 511....       342
  Congressional-Executive            PL 106-286 Sec 301....       331
   Commission on the People's
   Republic of China.
   Defense Department procurement    PL 109-163 Sec 1211...       704
   prohibited.
   Economic Security Review
   Commission
     Strategy developed by the       PL 109-163 Sec 1234...       714
     President.
  Espionage activities
    Report to Congress.............  PL 106-65 Sec 3151....       917
  Exports
    Agricultural commodities.......  PL 99-198 Sec 1106....      1454
  Human rights
    Monitoring compliance with.....  PL 106-286 Sec 301....       331
  Military capability
    Report to Congress.............  PL 105-85 Sec 1226....       977
  Military power
    Report to Congress.............  PL 106-65 Sec 1202....       903
  Military-to-military contacts and
   exchanges
    Limitation on..................  PL 106-65 Sec 1201....       901
  National security implications
    Review of......................  PL 106-398 Sec 1238...       873
  Nuclear weapons programs
    Funding prohibition............  PL 104-201 Sec 3137...      1000
  POW/MIA Task Force...............  PL 103-337 Sec 1033...      1028
  Science and technology agreement
   of 1979
    Implementation of..............  PL 107-314 Sec 1207...       815
  Significant technology transfers
    Report to Congress.............  PL 107-107 Sec 1223(b)       854
  Task force to monitor forced or
   prison labor products
    Report to Congress.............  PL 106-286 Sec 505....       341
China-U.S. trade agreements
  Enforcing compliance with
    Appropriations authorization...  PL 106-286 Sec 413(b).       338
China-U.S. trade relations
  Agreements
    Findings of Congress...........  PL 106-286 Sec 411....       337
    Promoting compliance with......  PL 106-286 Sec 411....       337
                                     PL 106-286 Sec 412....       338
  Findings of Congress.............  PL 106-286 Sec 202....       328
  Monitoring compliance with
    Appropriations authorization...  PL 106-286 Sec 413(b).       338
  Products of forced or prison
   labor
    Task force to monitor..........  PL 106-286 Sec 501....       340
  U.S. policy......................  PL 106-286 Sec 202-203       328
  World Trade Organization
   membership
    Review of commitments..........  PL 106-286 Sec 401....       337
China, People's Republic of-U.S.
 relations
  Joint Defense Conversion
   Commission
    Report to Congress.............  PL 104-106 Sec 1343...      1019
China, Republic of
  (see Taiwan-U.S. relations)
Civil Service
  Peace Corps personnel
    Appointment to.................  EO 11103..............      1624
Civilian Career Service
  Former Peace Corps personnel.....  EO 11103..............      1624
Claude and Mildred Pepper
 Scholarship Program
  Appropriations authorization.....  PL 102-138 Sec 210(c).       109
  Emerging democracies
    Programs for students..........  PL 102-138 Sec 210(a).       109
  Grants to........................  PL 102-138 Sec 210(b).       109
Clement J. Zablocki Memorial
 Outpatient Facility
  Funding authorization............  PL 98-266.............       153
Coast Guard
  Drug control
    Appropriations from Department   PL 100-180 Sec 1242...      1270
     of Defense.
  Drug-interdiction assistance.....  PL 99-145 Sec 1421....      1300
  Personnel
    Assignment to naval vessels....  10 USC 379............       615
Cochran Fellowship Program
  Establishing.....................  PL 101-624 Sec 1543...      1435
Cold War
  Statutory provisions
    Amendments and repeals of......  PL 103-199 Sec 101....        68
Cold War, Commission on Victory in
  Established......................  PL 106-65 Sec 1053(e).       898
Collective security
  (see Mutual defense)
Colombia-U.S. relations
  Armed Forces
    Certification to Congress......  PL 106-246 Sec 3201...       217
  Child soldiers demobilization
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
  Combat operations
    Limitation on U.S. personnel     PL 108-136 Sec 1023(c)       789
     participation.
  Counter-drug activities
    Appropriations authorization,    PL 108-375 Sec 1021...       752
     FY 2005.
    Participation of U.S. personnel  PL 108-375 Sec 1021(c)-      752
                                      (d).
  Counter-terrorism campaign
    Appropriations authorization,    PL 108-136 Sec 1023...       788
     FY 2004.
  Drug control
    Additional eradication           PL 105-277 Sec 821....       366
     resources.
    Appropriations authorization...  PL 105-85 Sec 1033....       953
    Appropriations authorization,    PL 108-136 Sec 1023...       788
     2004.
    Foreign aid....................  PL 105-277 Sec 821....       366
  Drug control strategy
    Report to Congress.............  PL 106-246 Sec 3202...       219
  Foreign aid
    Certification to Congress......  PL 106-246 Sec 3201...       217
                                     PL 106-246 Sec 3207...       225
  Helicopters for Army and Police
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
  Human rights
    Certification to Congress......  PL 106-246 Sec 3201...       217
  Military aid
    Waiver of costs................  PL 106-280 Sec 710....       462
  Persons aiding paramilitary
   groups
    Visa denial....................  PL 106-246 Sec 3205...       224
  Plan Colombia
    Limitations on support for.....  PL 106-246 Sec 3204...       220
Colombia-U.S. relations--Continued
  Population planning
    Funding limitation.............  PL 106-246 Sec 3206...       225
  Terrorist organizations in
    Report to Congress.............  PL 108-375 Sec 1021(e)       753
  U.S. military activities in
    Report to Congress.............  PL 106-65 Sec 1025....       892
  U.S. military personnel
    Assignment limitation..........  PL 106-246 Sec 3204(b)       222
    Assignment limitation waiver...  PL 106-246 Sec 3204(c)       223
Colombo Plan Council for Technical
 Cooperation
  U.S. membership in...............  PL 86-108 Sec 502.....       481
Combating Proliferation of Weapons
 of Mass Destruction Act of 1996
  Report to Congress...............  PL 107-314 Sec 1209...       817
Commerce, Department of
  Foreign aid program
    Administration of..............  EO 12163 Sec 1-502....       558
Commerce, Secretary of
  Chemical Weapons Convention
    Authority......................  EO 13346 Sec 2(b)(b)..       594
Commodities, equipment, or
 materials, U.S.
  To foreign countries.............  49 Stat 1985 Sec             543
                                      901(b)(1).
Commodities, U.S.
  To foreign countries
    Commodity Credit Corporation...  49 Stat 1985 Sec 901a.       544
    Transported in U.S. ships......  49 Stat 1985 Sec 901b.       545
Commodity Credit Corporation
  Agricultural commodities
    Market promotion program.......  PL 95-501 Sec 203.....      1509
    Unfair trade practices.........  PL 95-501 Sec 301.....      1515
  Agricultural commodity sales.....  PL 83-480 Sec 406.....      1378
    Minimum prices.................  PL 83-480 Note........      1401
  Agricultural exports
    Program controls...............  PL 95-501 Sec 401-404.      1519
  Direct credit sales program......  PL 95-501 Sec 201.....      1504
    Funding levels.................  PL 95-501 Sec 211.....      1513
  Eligible commodities
    Funding of.....................  PL 99-198 Sec 1110(e).      1457
  Emerging democracies
    Export credit guarantees.......  PL 101-624 Sec 1542...      1429
  Export credit guarantee program..  PL 95-501 Sec 202.....      1506
  Export guarantee program
    Appropriations, 2006...........  PL 109-97 Title V.....      1450
  Exports
    Transported in U.S. ships......  49 Stat 1985 Sec 901a.       544
Commonwealth of Independent States-
 U.S. relations
  Nuclear weapons
    Information exchanges..........  PL 102-484 Sec 3151(b)      1127
  Plutonium production
    Cessation of...................  PL 102-484 Sec 3151...      1127
Communications, international
  U.S.-Former Soviet Union link....  PL 99-85..............      1343
Communism
  Victims of
    Monument to honor..............  PL 103-199 Sec 905....        71
Compact of Free Association
  Department of Defense
    Humanitarian and civic           PL 109-148 Sec 8009...       728
     assistance.
Computers
  Exports of
    Report to Congress.............  PL 105-85 Sec 1212....       969
                                     PL 105-85 Sec 1214....       970
    Study by General Accounting      PL 105-85 Sec 1214....       970
     Office.
Computers--Continued
  High performance
    Export controls................  PL 105-85 Sec 1211....       967
  Sales to certain countries
    Report to Congress.............  PL 105-85 Sec 3157....       984
Congress
  (see also Reports to Congress)
  Travel abroad
    Foreign currencies used for....  PL 83-665 Sec 502.....       483
    Local currencies...............  PL 83-665 Sec 502.....       483
Congressional Hunger Fellows Act of  PL 107-171 Sec 4404...      1410
 2002.
Congressional Hunger Fellows
 Program
  Established......................  PL 107-171 Sec 4404(b)      1411
  Report to Congress...............  PL 107-171 Sec 4404(h)      1416
Congressional-Executive Commission
 on the People's Republic of China
  Appropriations authorization.....  PL 106-286 Sec 307....       336
  Human rights monitoring..........  PL 106-286 Sec 301....       331
  Membership.......................  PL 106-286 Sec 303....       334
  Report to Congress...............  PL 106-286 Sec 302(g).       333
Contracts
  Defense contractors
    Transactions with terrorist      PL 103-160 Sec 843....      1052
     countries.
Controlled Substances Trafficking    PL 105-277 Subtitle G.       374
 Prohibition Act.
Convention on Prohibitions or        PL 103-160 Sec              1066
 Restrictions on the Use of Certain   1423(a)(5).
 Conventional Weapons Which May Be
 Deemed To Be Excessively Injurious
 or to Have Indiscriminate Effects.
  Findings of Congress.............  PL 102-484 Sec              1103
                                      1365(a)(4).
Convention on the Physical
 Protection of Nuclear Materials
  Sense of Congress................  PL 107-314 Sec 3161...       828
Conventional Forces in Europe        PL 102-228............       106
 Treaty Implementation Act of 1991.
Cooperative agreements
  Allied countries
    Communications support.........  10 USC 2350a..........       649
    Communications support services  10 USC 2350f..........       659
    Foreign contributions..........  10 USC 2350i..........       661
    Military airlift...............  10 USC 2350c..........       655
    Real property or services......  10 USC 2350g..........       660
    Research and development         10 USC 2350a..........       649
     projects.
  Central Europe air defenses
    Equipment disposal.............  PL 105-85 Sec 1064....       961
  Foreign countries
    Testing defense equipment......  10 USC 2350l..........       665
  NATO
    Logistic support...............  10 USC 2350d..........       656
Cooperative research and
 development programs
  Independent states of the former   PL 102-484 Sec 1441...      1108
   Soviet Union.
  Japan............................  PL 101-510 Sec 1454(c)      1177
  Non-NATO allies
    Appropriations authorization...  PL 100-180 Sec 207....      1250
  Russian Federation
    Terrorism protection...........  PL 107-314 Sec 3155...       825
Cooperative threat reduction
  Department of Defense
    Appropriations authorization,    PL 104-201 Sec 301....       988
     FY 1997.
    Appropriations authorization,    PL 105-85 Sec 301.....       950
     FY 1998.
Cooperative threat reduction--
 Continued
  Department of Defense--Continued
    Appropriations authorization,    PL 108-136 Sec 301(19)       785
     FY 2004.
Cooperative threat reduction
 programs
  Appropriations authorization, FY   PL 104-106 Sec              1007
   1996.                              301(a)(18).
  Appropriations authorization, FY   PL 106-65 Sec 301(23).       882
   2000.
  Appropriations authorization, FY   PL 107-107 Sec               848
   2002.                              301(a)(23).
  Appropriations authorization, FY   PL 108-375 Sec 301(19)       747
   2005.
  Appropriations authorization, FY   PL 109-163 Sec 301(19)       691
   2006.
Corporation for National and
 Community Service
  Established......................  PL 101-610 Sec 191....      1616
Counter-terrorism activities
  Law enforcement agencies
    Department of Defense support..  PL 108-136 Sec 1022...       788
Countries, foreign-U.S. relations
  Armed conflict
    Multinational economic           PL 106-65 Sec 1231....       910
     embargoes.
  Chemical weapons
    Disposal information technology  PL 102-484 Sec 178....      1083
     exchanges.
  Coalition liaison officers
    Services and support for.......  PL 107-314 Sec 1201...       811
  Commodity Credit Corporation
    Export credit guarantees.......  PL 101-624 Sec 1542...      1429
  Defense cost-sharing agreements..  PL 102-190 Sec 1046...      1143
  Development
    Microenterprise institutions...  PL 106-309 Sec 103....       497
  Emerging market
    Farmer-to-farmer program.......  PL 83-480 Sec 501(b)..      1388
  Enhancing U.S. agricultural
   exports to
    Programs for...................  PL 101-624 Sec 1542...      1429
  Farmer-to-farmer program
    Establishing...................  PL 83-480 Sec 501(b)..      1388
  Forced labor products
    Memoranda of Understanding.....  PL 105-261 Title             947
                                      XXXVII.
  Foreign critical technology
    Monitoring and assessment        10 USC 2518...........       671
     program.
  Former U.S. military
   installations
    Environmental contamination....  PL 106-65 Sec 329.....       882
  Improving accountability.........  PL 106-309 Sec 202....       501
  International military education   PL 107-228 Sec 1223(b)       413
   and training.
  Logistical support in Iraq
    Reimbursement for..............  PL 108-11 Sec 1310....        11
  Malaria
    Eradication assistance.........  PL 106-570 Sec 103....       490
    Findings of Congress...........  PL 106-570 Sec 102....       489
  Middle income
    Farmer-to-farmer program.......  PL 83-480 Sec 501(b)..      1388
  Military aid
    Foreign military financing       PL 107-228 Sec 1223(a)       413
     grants.
  Military-based satellites
    Report to Congress.............  PL 102-484 Sec 1363...      1100
  Military-to-military contacts....  10 USC 168............       605
                                     PL 107-228 Sec 1223(c)       413
  Naval vessels
    Grant and sales transfers......  PL 107-228 Sec 1701...       440
  Non-proliferation control
   capabilities
    Foreign aid, 2003..............  PL 107-228 Sec 1302...       416
                                     PL 103-160 Sec 1503...      1071
  Nuclear test monitoring equipment
    Furnishing.....................  PL 106-398 Sec 1203...       865
  Protection of intellectual
   property rights
    Sense of Congress..............  PL 101-189 Sec 852....      1199
  Refugees
    International mine clearing      PL 102-484 Sec 1364...      1001
     efforts.
Countries, foreign-U.S. relations--
 Continued
  Russian proliferation of weapons
   of mass destruction
    Report to Congress.............  PL 107-314 Sec 1206...       815
  School children
    Providing agricultural           PL 107-171 Sec 3107...      1402
     commodities.
  Security forces
    Training prohibition...........  PL 109-148 Sec 8069...       730
    Training prohibition waiver....  PL 109-148 Sec 8069(c)       731
  Tied aid practices
    Combating......................  PL 102-511 Sec 306....        83
  U.S. military in
    Environmental preservation       PL 105-85 Sec 347.....       951
     activities.
  U.S. military installations
    Environmental cleanup..........  PL 105-261 Sec 321....       922
  Weapons technology transfer
    Report to Congress.............  PL 102-190 Sec 1097...      1153
Coverdell, Paul D.
  Peace Corps Director
    Findings of Congress...........  PL 106-570 Sec 602....      1599
Crime Control Act of 1990..........  PL 101-647 Sec 1......       387
Cuba-U.S. relations
  Aliens
    Exclusion from the United        PL 104-114 Title IV...       264
     States.
  Brothers to the Rescue
    Attack on......................  PL 104-114 Sec 116....       244
  Business transactions
    Prohibitions on................  PL 102-484 Sec 1706...      1124
  Cuban people
    Direct mail to.................  PL 102-484 Sec 1705(f)      1124
    Exports of medicines and         PL 102-484 Sec 1705(c)      1122
     medical supplies.
    Food donations.................  PL 102-484 Sec 1705(b)      1122
    Support for....................  PL 102-484 Sec 1705...      1122
    Telecommunications services and  PL 102-484 Sec 1705(e)      1123
     facilities.
  Democracy
    U.S. policy on.................  PL 104-114 Sec 201....       246
  Democratic government
    Determining....................  PL 104-114 Sec 206....       254
    U.S. policy on.................  PL 102-484 Sec 1708...      1126
  Economic assistance
    Plan coordination..............  PL 104-114 Sec 203....       250
    Plan for providing.............  PL 104-114 Sec 202....       247
    Report to Congress.............  PL 104-114 Sec 202(g).       249
  Embargo of
    Enforcement of.................  PL 104-114 Sec 102....       235
    Termination of.................  PL 104-114 Sec 204....       251
  Extradition of criminals to the    PL 104-114 Sec 113....       243
   United States.
  Findings of Congress.............  PL 102-484 Sec 1702...      1119
  Human and democratic rights
   groups
    Support for....................  PL 104-114 Sec 109....       239
  Juragua nuclear power plant
    Foreign assistance prohibition.  PL 104-114 Sec 111....       241
  National security
    Assessing Cuban threat to......  PL 105-85 Sec 1228....       980
  News bureaus
    Establishment and exchange of..  PL 104-114 Sec 114....       243
  Opposition to membership in        PL 104-114 Sec 104....       236
   international financial
   institutions.
  Outstanding property claims
    Settlement of..................  PL 104-114 Sec 207....       254
  Prohibition on imports and         PL 104-114 Sec 110....       240
   exports.
  Property rights of U.S. nationals
    Protection of..................  PL 104-114 Title III..       255
  Reaffirmation of policy toward...  PL 98-525 Sec 1543....      1324
Cuba-U.S. relations--Continued
  Reinstitution of general licenses  PL 104-114 Sec 112....       243
  Sanctions against
    Strengthening..................  PL 104-114 Sec 101....       234
  Sugar import quotas..............  PL 99-198 Sec               1454
                                      902(c)(1).
  Sugar imports
    Report to Congress.............  PL 99-198 Sec               1454
                                      902(c)(2).
  Television broadcasting to.......  PL 104-114 Sec 107....       238
  Transition government
    Determining....................  PL 104-114 Sec 205....       252
    U.S. policy on.................  PL 102-484 Sec 1707...      1125
  U.S. policy on...................  PL 102-484 Sec 1703...      1120
  U.S. policy toward
    Findings of Congress...........  PL 104-114 Sec 2......       228
  United States-Cuba Council.......  PL 104-114 Sec 203(b).       250
Cuban Democracy Act of 1992........  PL 102-484 Sec 1701...      1119
Cuban Liberty and Democratic         PL 104-114............       227
 Solidarity (LIBERTAD) Act of 1996.
Culebra
  Military, U.S....................  PL 93-365 Sec 704.....      1339
Currencies, foreign
  (see also Agricultural commodity
   sales)
  Agreements on use of
    Report to Congress.............  PL 83-480 Note........      1400
  Agricultural Trade Development
   Act
    Accounting for.................  EO 12752 Sec 2........      1480
  Appropriations acts..............  PL 87-125 Sec 508.....       541
  Expenditure by agencies..........  31 USC 1306...........       540
  Federal agencies use
    Reimbursement of Treasury note.  PL 83-480 Note........      1356
  Fluctuations in
    Peace Corps account............  PL 87-293 Sec 16......      1589
  Former Soviet Union
    Currency stabilization fund....  PL 102-511 Sec 1004(b)       104
  Peace Corps use..................  PL 87-293 Sec 17......      1590
  Poland
    Availability of................  PL 100-418 Sec 2224...       151
  Salaries of U.S. Government        PL 83-665 Sec 523(d)..       486
   employees abroad.
  Travel abroad
    Congressional Members and        PL 83-665 Sec 502.....       483
     staffs.
  U.S. balance of payments position  31 USC 5303...........       542
Cyprus
  Settlement of conflict...........  PL 94-104 Sec 2.......       477
Czechoslovakia
  Central European Small Business    67 Stat 232...........       160
   Enterprise Development
   Commission.
  Small business
    Management and technical         67 Stat 232...........       160
     assistance.
 
 
                                    D
 
Dairy surplus
  Overseas donations...............  PL 81-439 Sec 416(b)..      1441
Debt reduction
  Zimbabwe
    U.S. review of.................  PL 107-99 Sec 4(b)....       166
Debts
  Foreign currencies from            PL 83-480 Sec 104.....      1357
   agricultural commodity sales.
Debts, foreign
  Agricultural commodity sales
    Debt forgiveness...............  PL 83-480 Sec 411.....      1383
  Bolivia
    Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
Debts, foreign--Continued
  Bolivia--Continued
    Debt-for-drugs exchanges--
     Continued
                                     PL 101-231 Sec 10.....       396
  Cancellation of..................  PL 106-113 Sec 501....       522
    Annual reports to Congress.....  PL 106-113 Sec 501(f).       523
    Eligible countries.............  PL 106-113 Sec 501(d).       522
    Exceptions.....................  PL 106-113 Sec 501(f).       523
  Colombia
    Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
  Debt reduction
    Multilateral debt relief.......  PL 106-113 Sec 503....       525
  Debt relief
    Findings of Congress...........  PL 106-200 Sec 121....       174
  Debt-for-drugs exchanges.........  PL 101-623 Sec 17.....       387
  Debt-for-nonproliferation
   exchange
    Russian Federation.............  PL 107-228 Sec               423
                                      1312(a)(9).
  Enterprise for the Americas
   Facility
    Debt reduction.................  PL 83-480 Sec 604.....       271
  Peru
    Debt-for-drugs exchanges.......  PL 101-623 Sec 17.....       385
  Qualified debt
    Defined........................  PL 83-480 Sec 619.....       278
  Relief of
    Notifying Congress.............  PL 83-480 Sec 618.....       278
  Russian Federation
    Annual determination and         PL 107-228 Sec 1317(b)       427
     certification.
    Presidential waiver............  PL 107-228 Sec 1317(c)       427
    Reducing obligations to United   PL 107-228 Sec 1314...       424
     States.
  Sale to eligible countries.......  PL 83-480 Sec 616.....       276
  Sale, reduction or cancellation
    Facilitating debt swaps........  PL 83-480 Sec 617.....       277
Defense and National Security,
 National Commission on
  Establishment of.................  PL 101-511 Sec 8104...      1222
  Report to Congress...............  PL 101-511 Sec 8104...      1222
Defense articles
  Appropriations authorization
    Credit sales...................  PL 106-280 Sec 101....       447
  Secretary of Defense
    Loan guarantees................  10 USC 2540...........       674
  Stockpiles
    Transfers to Israel............  PL 106-280 Sec 112....       448
  Transfer of
    Limitations on.................  PL 109-148 Sec 8059...       729
  Transfers to Israel
    Congressional notification.....  PL 106-280 Sec 112(c).       449
Defense Conversion, Reinvestment,    PL 102-484 Sec 4001...      1130
 and Transition Assistance Act of
 1992.
Defense Cooperation Account
  Appropriations authorization from  PL 102-25 Sec 203.....        35
  Appropriations authorization, FY   PL 102-25 Sec 101.....        33
   1991 and 1992.
  Establishment of.................  10 USC 2608...........       682
Defense Economic Adjustment,         PL 101-510 Sec 4001...      1193
 Diversification, Conversion, and
 Stabilization Act of 1990.
Defense Emergency Response Fund
  Transfer of funds from...........  PL 108-11 Sec 1313....        12
Defense Language Institute Foreign
 Language Center
  Arabic language program
    Expansion of...................  PL 107-107 Sec 306....       848
Defense offsets
  Declaration of policy............  PL 106-113 Sec 1242(b)       468
Defense offsets--Continued
  Findings of Congress.............  PL 106-113 Sec 1242...       467
  Multilateral treaty
    Review of by President.........  PL 106-113 Sec 1248...       472
  Review commission established....  PL 106-113 Sec 1247...       469
  Sense of Congress................  PL 106-113 Sec 1242...       467
  Treaty feasibility
    Report to Congress.............  PL 106-113 Sec 1248(b)       472
Defense Offsets Disclosure Act of    PL 106-113 Sec 1242...       467
 1999.
                                     PL 106-113 Sec 1241...       467
                                     PL 106-113 Subtitle D.       467
  Definitions......................  PL 106-113 Sec 1243...       468
Defense, Department of
   Aerial reconnaissance assets for  PL 109-163 Sec 1035...       697
   homeland security missions.
  Appropriations
    General provisions.............  PL 101-511 Title VIII.      1222
     Military operations for Iraq    PL 109-13 Sec 1024....       742
     and Afghanistan in regular
     appropriations.
     Ongoing operations overseas in  PL 109-148 Sec 8117...       731
     regular appropriations.
    Transfer of funds..............  10 USC 2214...........       635
                                     10 USC 2215...........       636
  Appropriations authorization, FY
   1993
    Limitations on.................  PL 102-484 Sec 4......      1083
  Appropriations, 2006
    F-22 license or sale             PL 109-148 Sec 8067...       730
     prohibitions.
    North Korea assistance           PL 109-148 Sec 8047...       729
     restrictions.
    Transfer restrictions..........  PL 109-148 Sec 8059...       729
  Arctic Military Environmental
   Cooperation Program
    Activities.....................  PL 105-261 Sec 327....       923
  Authorizations, FY 1994
    Transfer limitations...........  PL 103-160 Sec 1101(b)      1054
  Ballistic Missile Defense
   Organization
    Funding activities of..........  PL 105-261 Sec 3132...       944
  Biological pathogens
    Export licenses review.........  PL 104-106 Sec 1323...      1015
  Budget justification
    Missile Defense Agency.........  10 USC 223............       608
    Programs combating terrorism...  10 USC 229............       609
   Capacity building of foreign      PL 109-163 Sec 1206...       699
   military forces.
  Civic Action Teams
    Micronesia.....................  PL 109-148 Sec 8009...       728
    Trust Territories of the         PL 109-148 Sec 8009...       728
     Pacific Islands.
  Civilian personnel reduction in    PL 101-189 Sec 314....      1197
   Europe.
  Compact of Free Association......  PL 109-148 Sec 8009...       728
  Contingency operations
    Budget justification documents.  PL 107-248 Sec 8132...       846
  Contract proposals
    NATO members eligibility.......  10 USC 2349...........       647
    Restrictions on................  10 USC 2327(b)........       638
  Contracts
    Arab boycott of Israel.........  10 USC 2410i..........       667
    Waivers........................  10 USC 2327(c)........       639
  Cooperative threat reduction
    Appropriations authorization,    PL 105-261 Sec 301....       921
     FY 1999.
    Appropriations authorization,    PL 106-65 Sec 301(23).       882
     FY 2000.
    Appropriations authorization,    PL 106-398 Sec 301....       857
     FY 2001.
    Program transfer...............  PL 107-314 Sec 3151...       821
Defense, Department of--Continued
  Counter-terrorism activities of
   law enforcement agencies
    Support for....................  PL 108-136 Sec 1022...       788
  Defense build down
    Findings of Congress...........  PL 102-484 Sec 4101...      1130
  Defense contracts
    Foreign government interest      10 USC 2327(a)........       638
     disclosure.
  Department of Defense              PL 93-365.............      1338
   Appropriation Authorization Act,
   1975.
  Department of Defense              PL 95-485.............      1337
   Appropriation Authorization Act,
   1979.
  Department of Defense              PL 100-463............      1246
   Appropriations Act, 1989.
  Department of Defense
   Appropriations Act, 1990
    Report to Congress.............  PL 101-189 Sec 1624...      1217
  Department of Defense              PL 101-511............      1222
   Appropriations Act, 1991.
  Department of Defense              PL 102-396............      1132
   Appropriations Act, 1993.
    General provisions.............  PL 102-396 Title IX...      1132
  Department of Defense              PL 103-139............      1080
   Appropriations Act, 1994.
    General provisions.............  PL 103-139 Title VIII.      1080
  Department of Defense              PL 107-248............       845
   Appropriations Act, 2003.
  Department of Defense              PL 108-287............       781
   Appropriations Act, 2005.
  Department of Defense              PL 109-148............       726
   Appropriations Act, 2006.
  Department of Defense              PL 97-252.............      1334
   Authorization Act, 1983.
  Department of Defense              PL 98-94..............      1325
   Authorization Act, 1984.
  Department of Defense              PL 98-525.............      1306
   Authorization Act, 1985.
  Department of Defense              PL 99-145.............      1286
   Authorization Act, 1986.
  Department of Defense              PL 99-661.............      1275
   Authorization Act, 1987.
  Disaster assistance
    Foreign........................  10 USC 404............       623
  Drawdown support
    Supplemental appropriations,     PL 108-11 Sec 1307....        10
     2003.
                                     PL 108-11 Sec 1309....        10
  Drug-interdiction assistance
    Appropriations authorization...  PL 99-145 Sec 1422....      1301
   Emergency Response Assistance     PL 109-163 Sec 1034...       697
   Program repealed.
  Emergency Response Fund
    Rwandan refugees...............  PL 103-337 Sec 1002(b)      1025
  Emergency supplemental             PL 103-337 Sec 1002...      1025
   appropriations authorization, FY
   1994.
  Environmental activities overseas
    Report to Congress.............  PL 105-85 Sec 345.....       950
  Environmental cleanup of overseas
   sites
    Foreign claims.................  PL 105-261 Sec 321....       922
  Essential operations
    Year 2000 compliance...........  PL 105-261 Sec 335....       924
  Excess construction or fire
   equipment
    Use limitations................  10 USC 2562...........       679
  Excess helicopters
    Transferred to foreign           10 USC 2581...........       682
     governments.
  Excess personal property
    Transfer to State and Federal    10 USC 2576a..........       681
     agencies.
Defense, Department of--Continued
  Families of POWs/MIAs
    Support center established.....  PL 102-190 Sec 1083...      1151
  Foreign aid program
    Administration of..............  EO 12163 Sec 1-3......       557
  Foreign national employees
    Compensation...................  PL 109-148 Sec 8002...       728
    Severance pay..................  PL 102-484 Sec 1351...      1100
   Global Posture Review
     Facilities located in foreign   PL 109-163 Sec 1233...       713
     countries.
  Humanitarian and civic assistance
    Pacific Islands................  PL 109-148 Sec 8009...       728
  Humanitarian assistance
    Appropriations reductions......  PL 104-106 Sec 1008...      1009
  Humanitarian assistance programs
    Appropriations, 2006...........  PL 109-148 Title II...       727
  INF Treaty
    Funds appropriated.............  PL 103-139 Sec 8033...      1080
  Information
    Available to U.S. law            10 USC 371............       611
     enforcement officials.
  Intelligence collections systems
    Use of.........................  PL 102-190 Sec 924....      1137
  Iraq Liberation Act of 1998
    Supplemental appropriations,     PL 108-11 Sec 1309....        10
     2003.
  Iraq operating costs
    Emergency appropriations         PL 108-375 Sec 1501...       773
     authorization.
  Joint task force support for law   PL 108-136 Sec 1022...       788
   enforcement agencies.
  Military equipment
    Available to U.S. law            10 USC 372............       611
     enforcement officials.
  Military personnel
    Available to train U.S. law      10 USC 373............       612
     enforcement officials.
    Operating equipment for U.S.     10 USC 374............       612
     law enforcement officials.
  National Defense Authorization     PL 101-510............      1160
   Act for Fiscal Year 1991.
  National Defense Authorization     PL 102-484............      1082
   Act for Fiscal Year 1993.
  National Defense Authorization     PL 103-160............      1051
   Act for Fiscal Year 1994.
  National Defense Authorization     PL 103-337............      1023
   Act for Fiscal Year 1995.
  National Defense Authorization     PL 104-106............      1006
   Act for Fiscal Year 1996.
  National Defense Authorization     PL 104-201............       986
   Act for Fiscal Year 1997.
  National Defense Authorization     PL 105-85.............       949
   Act for Fiscal Year 1998.
  National Defense Authorization     PL 106-65.............       881
   Act for Fiscal Year 2000.
  National Defense Authorization     PL 107-107............       847
   Act for Fiscal Year 2002.
  National Defense Authorization     PL 107-314............       807
   Act for Fiscal Year 2003.
  National Defense Authorization     PL 108-136............       784
   Act for Fiscal Year 2004.
  National Defense Authorization     PL 108-375............       746
   Act for Fiscal Year 2005.
  National Defense Authorization     PL 100-180............      1250
   Act for Fiscal Years 1988 and
   1989.
  National Defense Authorization     PL 101-189............      1195
   Act for Fiscal Years 1990 and
   1991.
Defense, Department of--Continued
  National Defense Authorization     PL 102-190............      1133
   Act for Fiscal Years 1992 and
   1993.
  National Defense Authorization     PL 100-456............      1228
   Act, Fiscal Year 1989.
  Nuclear weapons
    Nonproliferation activities....  PL 102-484 Sec 1503...      1110
  Offset policy
    Findings of Congress...........  PL 100-456 Sec 825....      1231
  Operation and maintenance funding  PL 108-375 Sec 301....       747
  Operations
    Security or counterintelligence  10 USC 2723...........       685
     failures.
  Overseas environmental provisions
    Report to Congress.............  PL 101-510 Sec 342....      1162
   Overseas humanitarian, disaster,  PL 109-163 Sec 301(18)       691
   and civic aid authorization, FY
   2006.
  Overseas Military Facility
   Investment Recovery Account
    Established....................  PL 101-510 Sec 2921(c)      1187
    Report to Congress.............  PL 101-510 Sec              1190
                                      2921(g)(2).
  Prior emergency supplemental
   appropriations
    Adjustment of..................  PL 105-85 Sec 1004....       952
  Programs combating terrorism
    Report to Congress.............  10 USC 229(d).........       610
  Regional Defense Counterterrorism
   Fellowship Program
    Appropriations, 2006...........  PL 109-148 Sec 8102...       731
    Assistance to..................  10 USC 2249c..........       637
   Reimbursement to coalition        PL 109-163 Sec 1208...       702
   nations.
     Appropriations, 2006..........  PL 109-148 Title IX...       732
     Supplemental appropriations,    PL 109-13 Title I.....       738
     2005.
  Satellite exports
    National security control costs  PL 108-136 Sec 1212...       796
  Security and reconstruction
   activities in Iraq
    Report to Congress.............  PL 108-136 Sec 1203...       794
   Security and stabilization        PL 109-163 Sec 1207...       701
   assistance.
  Security studies regional centers  10 USC 2611...........       684
  Senior military colleges
    International student program..  10 USC 2111b..........       630
  Services and equipment
    Available to U.S. law            10 USC 371-380........       611
     enforcement officials.
  Specification of programs........  PL 108-136 Sec 301....       785
                                     PL 107-314 Sec 301....       808
  Supplemental appropriations        PL 103-160 Sec 1113...      1054
   authorization, FY 1993.
  Supplemental appropriations        PL 108-136 Sec 1003...       786
   authorization, FY 2003.
  Supplemental appropriations        PL 108-136 Sec 1003...       786
   authorization, FY 2004.
  Technology office
    Establishing in Japan..........  PL 101-510 Sec 248....      1161
  Technology security programs.....  PL 106-65 Sec 912.....       883
  Terrorist countries
    Aid prohibition................  10 USC 2249a(a).......       636
   Treatment of detainees..........  PL 109-163 Sec 1401...       717
   U.N. resolutions costs
     Report to Congress............  PL 109-163 Sec 1224...       708
  U.S. law enforcement officials
    Assistance to..................  10 USC 380............       616
  United Nations peacekeeping
   activities
    Funding prohibition............  10 USC 405............       624
  Vaccination programs of Health
   and Human Services
    Support for....................  PL 103-160 Sec 1705...      1079
Defense, Department of--Continued
   War-related reporting             PL 109-163 Sec 1221...       705
   requirements.
  Western Hemisphere Institute for   10 USC 2166...........       631
   Security Cooperation.
Defense, Secretary of
  Armed forces relocation
    Accepting contributions........  10 USC 2350k..........       664
  Arms sales
    Duties.........................  EO 11958..............       578
  Authority in European air defense  PL 98-525 Sec 1007....      1318
   agreements.
  Authorizations, FY 1992
    Transfer authority.............  PL 102-190 Sec 1001...      1138
  Authorizations, FY 1994
    Transfer authority.............  PL 103-160 Sec 1101(a)      1053
  Ballistic missile defense
    Report to Congress.............  PL 99-145 Sec 226.....      1289
  Bosnia-Herzegovina
    Report on U.S. Armed Forces in.  PL 105-261 Sec 1204...       934
  Chemical weapons tests
    Report to Congress.............  PL 99-145 Sec 1413....      1300
  Combating terrorism
    Rewards for information or       10 USC 127b...........       603
     assistance.
  Contingency operations
    Objectives.....................  PL 105-261 Sec 1212...       936
  Contractors in Iraq
    Management of..................  PL 108-375 Sec 1205...       764
    Report to Congress.............  PL 108-375 Sec 1205(c)       765
                                     PL 108-375 Sec 1206...       765
  Cooperative agreements
    Accepting real property or       10 USC 2350g..........       660
     services.
  Defense procurement sources
    Waivers........................  PL 109-148 Sec 8068...       730
  Defense programs
    Authority to accept              10 USC 2608...........       682
     contributions for.
  Defense Science Board
    Radio and television             PL 106-65 Sec 1061....       899
     broadcasting for propaganda.
  Foreign countries
    Military-to-military contacts..  10 USC 168............       605
  Foreign Defense Technology         10 USC 2517...........       670
   Monitoring and Assessment,
   Office for.
  Foreign disaster assistance......  EO 12966..............       587
  Foreign governments
    Memorandums of agreement.......  10 USC 2350h..........       661
  Humanitarian assistance
    Authorization to transport.....  PL 98-525 Sec 1540....      1322
    Homeless veterans..............  10 USC 2557...........       677
    Using excess non-lethal          10 USC 2557...........       677
     supplies.
  International peacekeeping
   activities
    Authorizations, FY 1993........  PL 102-484 Sec 1342...      1099
    Authorizations, FY 1994........  PL 103-160 Sec 1501...      1069
  Loan guarantee program
    Definitions....................  10 USC 2540d..........       676
    Establishment of...............  10 USC 2540...........       674
    Fees charged and collected.....  10 USC 2540c..........       675
    Limitations....................  10 USC 2540b..........       675
  Loan guarantees
    Report to Congress.............  PL 104-106 Sec 1321...      1012
  Memoranda of understanding and     10 USC 2531...........       672
   related agreements.
  Merged or ``M'' account
   obligations
    Report to Congress.............  PL 102-484 Sec 1003...      1087
    Treatment of...................  PL 102-484 Sec 1003...      1087
  Military force structure
    Report to Congress.............  10 USC 113............       596
Defense, Secretary of--Continued
  Missile defense
    Cooperation study..............  PL 108-375 Sec 1226...       772
  Prompt global strike capability
    Integrated plan for............  PL 108-136 Sec 1032...       790
  Report to Congress
    Burden sharing contributions...  10 USC 2350j..........       662
    Conduct of Persian Gulf          PL 102-25 Sec 501.....        40
     conflict.
    Israel-U.S. defense industrial   PL 102-484 Sec 205....      1084
     cooperation.
    Requirements...................  PL 108-375 Sec 1093...       759
    Security or counterintelligence  10 USC 2723...........       685
     failures.
  U.S. Armed Forces
    Contingency and ongoing          PL 105-261 Sec 1211...       935
     operations.
  Weapons of mass destruction in
   Iraq
    Report to Congress.............  PL 108-136 Sec 1204...       795
Delegation of Functions Under the    EO 12884..............       163
 FREEDOM Support Act and Related
 Provisions of the Foreign
 Operations, Export Financing and
 Related Programs Appropriations
 Act.
Democracy Corps
  Appropriations authorization,      PL 102-511 Sec 401(j).        86
   1993.
  Grants to
    Sunset provision...............  PL 102-511 Sec 401(k).        86
  In the independent states of the   PL 102-511 Sec 401....        84
   former Soviet Union.
    Grants to......................  PL 102-511 Sec 401(c).        85
Department of Defense
  (see Defense, Department of)
Desert Storm
  (see Operation Desert Storm)
 Detainee Treatment Act of 2005....  PL 109-163 Sec 1401...       717
   Iraqi security forces training..  PL 109-163 Sec 1406...       722
Developing countries
  Agricultural commodity sales
    Eligibility....................  PL 83-480 Sec 102.....      1354
    Terms and conditions...........  PL 83-480 Sec 103.....      1355
  Debt relief
    Findings of Congress...........  PL 106-200 Sec 121....       174
  Farmer-to-farmer program
    Establishing...................  PL 83-480 Sec 501(b)..      1388
  Joint military exercises
    Expenses paid by the United      10 USC 2010...........       628
     States.
  Malaria
    Findings of Congress...........  PL 106-570 Sec 102....       489
  Microfinance programs
    Findings of Congress...........  PL 106-309 Sec 102....       494
  Micronutrient fortification        PL 83-480 Sec 415.....      1386
   programs.
  Special operations forces
    Training paid by the United      10 USC 2011...........       629
     States.
  Special operations forces
   training
    Report to Congress.............  10 USC 2011(e)........       630
Development
  (see also Foreign aid)
  (see also Less-developed
   countries)
  (see also United Nations)
  Microenterprise assistance
    Definitions....................  PL 106-309 Sec 104....       497
  Microfinance programs
    Findings of Congress...........  PL 106-309 Sec 102....       494
Development aid
  (see Foreign aid)
Development Assistance Committee
  (see Organization for Economic
   Cooperation and Development
   (OECD))
Development Fund for Africa
  Sub-Saharan Africa
    Support for economic             PL 106-200 Sec 127(b).       179
     development.
Diplomatic and Consular Service
  Former Soviet Union
    New posts......................  PL 102-511 Sec 802....       100
Disabled persons
  Peace Corps help.................  PL 87-293 Sec 3(h)....      1554
Disaster assistance
  (see also Humanitarian
   assistance)
  Bangladesh
    Additional funds...............  PL 100-576 Sec 4......       353
    Report to Congress.............  PL 100-576 Sec 5......       354
  Center for Excellence in Disaster  10 USC 182............       607
   Management and Humanitarian
   Assistance.
  Foreign
    Secretary of Defense...........  EO 12966..............       587
    Supplemental appropriations,     PL 108-11 Ch 5........        12
     2003.
Disaster Management and
 Humanitarian Assistance, Center
 for
  Payment authorization............  PL 107-248 Sec 8093...       845
Djibouti-U.S. relations
  Findings of Congress.............  PL 102-274 Sec 2......       202
Drug control
  Aerial and maritime monitoring
   and detection
    Department of Defense role.....  10 USC 124............       600
  Afghanistan
    Congressional review...........  PL 101-623 Sec 12.....       384
    Sense of Congress..............  PL 108-375 Sec 1022...       753
  Agricultural alternatives
    Assistance with................  PL 101-623 Sec 6......       383
  Agricultural commodity sales.....  PL 83-480 Sec 414.....      1385
  Agricultural Research Service      PL 105-277 Sec 832....       368
   counterdrug research
  Aircraft coverage and operation    PL 105-277 Sec 813....       365
   in source and transit countries.
  Alternative crop development
    Foreign aid....................  PL 105-277 Sec 831....       368
  Andean countries
    Administration of Justice        PL 101-623 Sec 2......       378
     Program.
    Appropriations authorization...  PL 101-623 Sec 2......       378
    Foreign aid....................  PL 101-623 Sec 2......       378
    Military aid...................  PL 101-623 Sec 3......       379
    Presidential determination.....  PL 101-623 Sec 4......       382
    Report to Congress.............  PL 101-623 Sec 4(b)...       382
                                     PL 101-510 Sec 1009...      1173
  Andean drug initiative...........  PL 101-231 Sec 2......       389
  Appropriations authorization.....  PL 105-277 Sec 861....       374
  Bolivia
    Administration of Justice        PL 101-623 Sec 2......       378
     Program.
    Assistance to..................  PL 101-623 Sec 2......       378
                                     PL 101-231 Sec 3......       391
  Brooke-Alexander Amendment
    Waiver of......................  PL 101-623 Sec 4(d)...       383
                                     PL 101-231 Sec 6......       393
  Bumpers Amendment
    Waiver of......................  PL 101-231 Sec 14.....       398
  Coast Guard
    Drug-interdiction assistance...  PL 99-145 Sec 1421....      1300
    Funds transferred from           PL 100-180 Sec 1242...      1270
     Department of Defense.
Drug control--Continued
  Coast Guard interdiction
    Expansion of...................  PL 105-277 Sec 812....       364
  Colombia
    Additional eradication           PL 105-277 Sec 821....       366
     resources.
    Administration of Justice        PL 101-623 Sec 2......       378
     Program.
    Appropriations authorization...  PL 105-85 Sec 1033....       953
    Assistance to..................  PL 101-623 Sec 2......       378
                                     PL 101-231 Sec 3......       391
    Counter-drug campaign..........  PL 108-136 Sec 1023...       788
    U.S. personnel involved........  PL 106-246 Sec 3204(f)       224
  Controlled Substances Trafficking  PL 105-277 Sec 871....       374
   Prohibition Act.
  Counter-drug activities
    Additional support for.........  PL 103-160 Sec 1121...      1054
                                     PL 101-510 Sec 1004...      1168
    Appropriations authorization,    PL 108-375 Sec 1021...       752
     FY 2005.
    Department of Defense            PL 101-510 Sec 1001...      1168
     authorizations.
                                     PL 101-189 Sec 1201...      1212
    Extension and restatement of     PL 107-107 Sec 1021...       852
     Defense support for.
    National Guard.................  PL 101-189 Sec 1201...      1212
    Report to Congress.............  PL 106-398 Sec 1022-         862
                                      1023.
                                     PL 101-510 Sec 1007...      1172
    Sense of Congress..............  PL 105-261 Sec 1023...       929
    Using U.S. military personnel..  PL 106-398 Sec 1026...       863
  Crop substitution
    Assistance with................  PL 101-231 Sec 14.....       398
                                     PL 101-624 Sec 1544...      1437
  Crop substitution projects
    Assistance from MDBs...........  PL 99-570 Sec 2018....       403
  Department of Defense
    Appropriations authorization...  PL 104-201 Sec 301....       988
    Appropriations authorization,    PL 102-484 Sec 301(14)      1084
     FY 1992.
                                     PL 102-190 Sec              1134
                                      301(a)(14).
    Appropriations authorization,    PL 102-484 Sec 301(14)      1084
     FY 1993.
    Appropriations authorization,    PL 104-106 Sec              1007
     FY 1996.                         301(a)(15).
    Appropriations authorization,    PL 105-85 Sec 301.....       950
     FY 1998.
    Appropriations authorization,    PL 107-107 Sec               848
     FY 2002.                         301(a)(20).
                                     PL 106-65 Sec 301(20).       882
    Communications network.........  PL 101-189 Sec 1204...      1213
    Counterdrug activities.........  PL 105-277 Sec 851(d).       373
    Drug detection monitoring        PL 102-484 Sec 1043...      1088
     systems.
    Drug-interdiction assistance...  PL 99-145 Sec 1422....      1301
    Report to Congress.............  PL 105-277 Sec 851(d).       373
  Department of State
    Increased funding for            PL 105-277 Sec 851....       372
     operations and equipment.
  Department of the Treasury
    Increased funding for            PL 105-277 Sec 851....       372
     operations and equipment.
  Drug Enforcement Administration
    Increased funding for            PL 105-277 Sec 851....       372
     operations and equipment.
  Drug traffickers
    Preventing entry into United     PL 103-447 Sec 107....       377
     States.
  E-2 aircraft
    Testing use of.................  PL 99-145 Sec 1424....      1302
  Export-Import Bank
    Loan guarantees................  PL 79-173 Sec                404
                                      2(b)(6)(A).
  Findings of Congress.............  PL 105-277 Sec 802....       361
Drug control--Continued
  Foreign aid
    Restrictions waiver............  PL 104-164 Sec 133....       536
    Waiver of restrictions.........  PL 103-447 Sec 105....       377
  Foreign law enforcement
   organizations
    Foreign aid....................  PL 105-277 Sec 843....       372
  Herbicides
    Environmentally approved.......  PL 105-277 Sec 834....       370
    Master plan for using..........  PL 105-277 Sec 833....       369
  Host country pilots
    Training of....................  PL 101-623 Sec 13.....       384
  Importing narcotic raw material
    Report to Congress.............  PL 101-647 Sec 2501...       387
    U.S. policy on.................  PL 101-647 Sec 2501...       387
  Interdiction
    Computer hardware and software   PL 105-277 Sec 852....       373
     funding.
    Department of Defense            PL 101-510 Sec 1001...      1168
     authorizations.
                                     PL 101-189 Sec 1201...      1212
    Funds availability.............  PL 104-201 Sec 1032...       990
    Immunity for officials engaged   PL 103-337 Sec 1012...      1025
     in.
    National Guard.................  PL 101-189 Sec 1201...      1212
    Over-the-horizon radar.........  PL 101-510 Sec 1002...      1168
  Interdiction and counter-drug
   activities
    Limitation on obligations......  PL 105-85 Sec 1033(e).       954
    Sense of Congress..............  PL 105-277 Sec 853....       374
  Interdiction of vessels and
   vehicles
    Report to Congress.............  PL 99-661 Sec 1373....      1283
  International
    Appropriations authorization...  PL 101-623 Sec 5......       383
  International currency
   transactions
    Information on.................  PL 100-690 Sec 4702...       399
  International narcotics
    Notification requirement.......  PL 104-164 Sec 132....       536
  International terrorism
    Reward for information on......  PL 101-231 Sec 13.....       397
  International training
    Foreign aid authorization......  PL 105-277 Sec 842....       370
  Maritime training center
    Foreign aid authorization......  PL 105-277 Sec 841....       370
  Mexico
    Appropriations authorization...  PL 105-85 Sec 1032....       953
                                     PL 104-201 Sec 1031...       988
    Assistance to..................  PL 101-231 Sec 7......       391
  Military aid, U.S.
    Exemptions for law enforcement   PL 103-447 Sec 104....       376
     agencies.
  Military assistance to foreign     PL 101-231 Sec 3......       391
   governments.
  Money laundering
    Information access.............  PL 100-690 Sec 4702...       399
  Multilateral counter-drug strike
   force
    Creation of....................  PL 101-510 Sec 1010...      1174
  Multilateral strike force........  PL 101-231 Sec 11.....       396
  Narcotics
    Detection technologies.........  PL 105-85 Sec 1034....       957
  Narcotics traffickers
    Halting weapons transfers......  PL 101-231 Sec 12.....       397
  Narcotics traffickers extradition
    Report to Congress.............  PL 106-246 Sec 3203...       220
  National Drug Control Program....  EO 12880..............       406
  National Drug Intelligence Center
    Appropriations.................  PL 103-139 Sec 8056...      1081
  National Narcotics Border
   Interdiction System
    Sense of Congress..............  PL 101-189 Sec 1214...      1216
Drug control--Continued
  Officials responsible for
    Sense of Congress..............  PL 105-277 Sec 825....       368
  Panama
    Resumption of U.S. assistance..  PL 101-243 Sec 102....       282
    Resumption of U.S. trade.......  PL 101-243 Sec 103....       282
  Peru
    Administration of Justice        PL 101-623 Sec 2......       378
     Program.
    Appropriations authorization...  PL 105-85 Sec 1033....       953
    Assistance to..................  PL 101-623 Sec 2......       378
                                     PL 101-231 Sec 3......       391
  Plan Colombia
    Definition.....................  PL 106-246 Sec 3204(h)       224
    Limitations on assignment of     PL 106-246 Sec 3204(b)       222
     U.S. military personnel.
    Limitations on support for.....  PL 106-246 Sec 3204...       220
    Report to Congress.............  PL 106-246 Sec 3204(e)       223
  President's Drug Policy Council
    Establishment of...............  EO 12992..............       408
  Radar coverage and operation in    PL 105-277 Sec 811....       363
   source and transit countries.
  Riverine counter-drug program
   review
    Report to Congress.............  PL 106-398 Sec 1024...       863
  Riverine Program.................  PL 101-623 Sec 14.....       385
  Secretary of Defense
    Counter-drug plan..............  PL 105-85 Sec 1033(h).       956
  Smuggling into the United States
    General Accounting Office study  PL 100-180 Sec 1241...      1268
  Surveillance flights
    Civil Air Patrol...............  PL 101-510 Sec 1003...      1168
                                     PL 101-189 Sec 1209...      1214
  U.S. military and civilian
   personnel in Colombia
    Report to Congress.............  PL 106-246 Sec 3204(f)       224
  U.S. policy on...................  PL 105-277 Sec 802....       361
  U.S. trade policy
    Coordination of objectives.....  PL 101-231 Sec 9......       396
  United States Southern Command
    Developing forward operating     PL 106-65 Sec 1024....       891
     locations.
  Use of OH-58D helicopter
    Feasibility study..............  PL 101-510 Sec 1008...      1172
  Using U.S. military personnel
    Sense of Congress..............  PL 106-398 Sec 1026...       863
  Western Hemisphere Drug            PL 105-277 Sec 801....       360
   Elimination Act.
 
 
                                    E
 
E (Kika) De La Garza Agricultural
 Fellowship Program
  Established......................  PL 101-624 Sec 1542(d)      1430
East Asia-U.S. relations
  U.S. military presence in
    Report to Congress.............  PL 101-189 Sec 915....      1208
Eastern Europe-U.S. relations
  Advisory Committee for Studies of  PL 98-164 Sec 804.....       155
  Democratic transition
    Foreign aid....................  PL 101-243 Sec 201....       119
  Graduate student scholarships
    Appropriations authorization...  PL 102-138 Sec 227(d).       113
  Information on
    Findings of Congress...........  PL 98-164 Sec 802.....       154
  Research on......................  PL 98-164 Sec 801.....       154
Economic aid
  (see Foreign aid)
Economic Cooperation Act of 1948
  Irish counterpart funds..........  PL 83-665 Sec 417.....       483
Economic Support Fund
  Egypt
    Appropriations authorization,    PL 106-280 Sec 514(b).       454
     FY 2001-2002.
    Supplemental appropriations,     PL 108-11 Ch 5........        13
     2003.
  Israel
    Appropriations authorization,    PL 106-280 Sec 513(b).       453
     FY 2001-2002.
  Jordan...........................  PL 99-88 Sec 402......       314
    Supplemental appropriations,     PL 108-11 Ch 5........        13
     2003.
  Lebanon-U.S. relations
    Foreign aid....................  PL 98-43 Sec 2........       316
Ecuador-U.S. relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
Education and Cultural Affairs,
 Bureau of
  Appropriations authorization.....  PL 102-138 Sec 221....       110
Education, Secretary of
  Paul D. Coverdell Building
    Appropriations authorization,    PL 107-21 Sec 3.......      1598
     FY 2002.
Educational and cultural exchange
  Emerging democracies
    Programs for students..........  PL 102-138 Sec 210(a).       109
  Former Soviet Union
    Appropriations authorization...  PL 102-511 Sec 807....       100
  South Africa.....................  PL 103-149 Sec 7......       200
Egypt-U.S. relations
  Arms sales
    Loan guaranties................  PL 96-35 Sec 4........       319
  Economic Support Fund
    Appropriations authorization,    PL 106-280 Sec 514(b).       454
     FY 2001-2002.
    Foreign aid restrictions.......  PL 108-11 Ch 5........        13
    Grants or loan guarantees......  PL 108-11 Ch 5........        13
    Supplemental appropriations,     PL 108-11 Ch 5........        13
     2003.
  Foreign Military Financing
   Program
    Appropriations authorization...  PL 106-280 Sec 514(c).       455
  Military aid
    Appropriations authorization,    PL 106-280 Sec 514....       454
     FY 2001-2002.
  Operation Iraqi Freedom
    Foreign aid conditions.........  PL 108-11 Ch 5........        12
  Sinai Field Mission
    Facilities transfer............  PL 96-35 Sec 6........       320
Eisenhower Exchange Fellowship Act   PL 101-454............       115
 of 1990.
Eisenhower Exchange Fellowship       PL 101-454 Sec 3......       116
 Program Trust Fund.
  Appropriations authorization.....  PL 101-454 Sec 5......       117
  Audit of.........................  PL 101-454 Sec 4......       117
Eisenhower Exchange Fellowships,
 Incorporated
  Appropriations authorization
    Report to Congress.............  PL 101-454 Sec 7......       118
  Assistance to U.S. fellows
    Minority participation.........  PL 101-454 Sec 6(d)...       118
Embargoes
  Against Cuba
    Enforcement of.................  PL 104-114 Sec 102....       235
    Termination of.................  PL 104-114 Sec 204....       251
  Agricultural commodities
    Adverse impact reduction.......  PL 95-501 Sec 412.....      1522
    Compensating producers.........  PL 95-501 Sec 411.....      1521
Embargoes--Continued
  Trade
    Against Iraq...................  PL 101-513 Sec 586C...        47
                                     PL 101-513 Sec 586C...        47
Emergency Food Assistance Fund,      PL 98-473 Sec 303.....      1472
 President's.
Emergency Security Assistance Act    PL 93-199.............       479
 of 1973.
Emergency Supplemental Act, 2000...  PL 106-246............       216
 Emergency Supplemental              PL 109-13.............       738
 Appropriations Act, 2005.
Emergency Supplemental Assistance    PL 102-21.............       313
 for Israel Act of 1991.
Emergency Supplemental Persian Gulf  PL 102-45.............       311
 Refugee Assistance Act of 1991.
Emergency Wartime Supplemental       PL 108-11.............         6
 Appropriations Act, 2003.
  Appropriations availability......  PL 108-11 Sec 6001....        20
Emerging democracies
  Agricultural commodities
    Free enterprise................  PL 99-198 Sec 1110(b).      1455
Emerging market
  Definition of....................  PL 101-624 Sec 1542(f)      1435
Emigration
  (see Immigration, foreign)
Energy
  U.S. companies
    In the former Soviet Union.....  PL 102-511 Sec 304....        83
Energy, Department of
  International cooperative
   stockpile stewardship
    Funding prohibition............  PL 107-314 Sec 4301...       834
  National laboratories
    Access by foreign nationals....  PL 107-314 Sec 4502...       842
    Access moratorium exceptions...  PL 107-314 Sec 4502(e)       843
    Moratorium on restricting        PL 107-314 Sec 4502(b)       842
     access to.
    Moratorium waiver..............  PL 107-314 Sec 4502(c)       843
  Nuclear Cities Initiative
    Expanded and enhanced            PL 107-314 Sec 4304...       838
     activities.
  Nuclear Materials Protection,      PL 107-314 Sec 4303...       837
   Control and Accounting Program.
  Nuclear weapons
    Nonproliferation activities....  PL 102-484 Sec 1503...      1110
  Nuclear weapons facilities
    International inspections        PL 107-314 Sec 4501...       841
     prohibition.
  Sensitive countries list.........  PL 107-314 Sec 4502(g)       844
  Stockpile stewardship
    Funding prohibition............  PL 104-201 Sec 3138...      1001
  Supplemental appropriations        PL 108-136 Sec 1003...       786
   authorization, FY 2003.
  Task Force on Nuclear Materials
    Establishment of...............  PL 108-375 Sec 3132...       775
Energy, Department of, Facilities    PL 106-65 Sec 3141....       917
 Safeguards, Security, and
 Counterintelligence Enhancement
 Act of 1999.
Energy, Secretary of
  Initiatives for Proliferation
   Prevention
    Report to Congress.............  PL 107-314 Sec 4302(c)       836
  Nuclear Cities Initiative
    Report to Congress.............  PL 107-314 Sec 4302(b)       836
                                     PL 107-314 Sec 4302(c)       836
  Nuclear test readiness
    Report to Congress.............  PL 104-201 Sec 3158...      1001
  Request for new nuclear weapons
   funding
    Requirements...................  PL 107-314 Sec 4209...       832
  Sensitive countries list.........  PL 107-314 Sec 4502(g)       844
Energy, Secretary of--Continued
  Silk Road Initiative
    Promotion of...................  PL 108-375 Sec 3133...       778
Enterprise for the Americas Board
  Appointees to....................  EO 13345 Sec 4........       592
  Government appointees to.........  EO 13345 Sec 4........       592
Enterprise for the Americas
 Facility
  Debt reduction...................  PL 83-480 Sec 603.....       270
  Eligibility for benefits.........  PL 83-480 Sec 603.....       270
  Eligible activities for            PL 83-480 Sec 612.....       274
   assistance.
  Environmental fund...............  PL 83-480 Sec 607-609.       272
  Establishing.....................  PL 83-480 Sec 601.....       270
                                     PL 83-480 Sec 601.....       270
  President
    Consultation with Congress.....  PL 83-480 Sec 615.....       276
  Qualified debt sale
    Commodity Credit Corporation...  PL 83-480 Sec 616(e)..       277
  Report to Congress...............  PL 83-480 Sec 614.....       275
Enterprise for the Americas          PL 83-480 Sec 601.....       270
 Initiative.
  Implementation of................  EO 12757..............      1480
                                     EO 13345..............       591
Enterprise for the Americas          PL 102-532............       267
 Initiative Act of 1992.
Environment
  Biological diversity
    International cooperation to     PL 100-530............       538
     protect.
  Contaminations at U.S. military
   installations abroad
    Releasing information on.......  PL 106-65 Sec 329.....       882
  Enterprise for the Americas        PL 83-480 Sec 607-609.       272
   Environmental Fund.
  Good Neighbor Environmental Board
    Establishment of...............  PL 102-532 Sec 6......       268
  Restoration at military bases
   abroad
    Cost sharing...................  PL 102-484 Sec 324....      1085
Environment for the Americas Board
  Establishing.....................  PL 83-480 Sec 610.....       274
Espionage, foreign
  Activities in the United States
    U.S. policies toward...........  PL 99-661 Sec 1364....      1281
Estonia-U.S. relations
  Graduate students
    U.S. scholarships..............  PL 102-138 Sec 227....       112
  Humanitarian assistance
    Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
  Nonlethal defense articles
    Eligibility for................  PL 102-511 Sec 906....       102
Ethiopia-U.S. relations
  Economic sanctions against.......  PL 100-456 Sec 1310...      1243
  Findings of Congress.............  PL 102-274 Sec 2......       202
  Foreign aid
    Brooke-Alexander Amendment       PL 102-274 Sec 7(b)...       209
     waiver.
    Prohibitions on................  PL 102-274 Sec 7......       209
  Peace
    Presidential certification.....  PL 102-274 Sec 8......       209
  Policy on
    Sense of Congress..............  PL 102-274 Sec 3(a)...       203
Europe-U.S. relations
  Air defense of U.S. military       PL 98-525 Sec 105.....      1306
   bases.
  Foreign critical technology
    Monitoring and assessment        10 USC 2518...........       671
     program.
  Military equipment
    Procured from United States....  PL 102-190 Sec 832....      1136
  NATO
    Sense of Congress..............  PL 102-190 Sec 1041...      1139
  U.S. military forces
    Reducing.......................  PL 93-365 Sec 302.....      1338
Europe-U.S. relations--Continued
  U.S. national security interests
    Study on costs and benefits....  PL 106-398 Sec 1223...       868
European Security Act of 1998
  Findings of Congress.............  PL 107-187 Sec 2......       442
Excess defense articles
  Authorizing transportation funds
    Partnership for Peace countries  PL 104-164 Sec 105....       535
    SEED countries.................  PL 104-164 Sec 105....       535
  To certain countries
    Using fiscal year 2003 funds...  PL 107-228 Sec 1231...       414
  Transfer of
    Drug enforcement activities....  PL 101-510 Sec 1005...      1171
  Transfer to Bolivia, Colombia and
   Peru
    Limitations on.................  PL 101-623 Sec 3(f)...       381
Export controls
  Licenses denials
    Countries assisting Iraq.......  PL 101-513 Sec 586I...        54
  Missiles and missile technology
    U.S. policy on.................  PL 101-510 Sec 1701...      1183
  Satellites
    Department of Defense national   PL 108-136 Sec 1212...       796
     security control costs.
Export financing
  Military equipment, U.S.
    Study on.......................  PL 101-189 Sec 825(a).      1199
Export vessels
  Loan guarantees..................  49 Stat 1985 Sec 1111.       552
    Report to Congress.............  49 Stat 1985 Sec 1111.       552
Export-Import Bank
  Drug control
    Loan guarantees................  PL 79-173 Sec                404
                                      2(b)(6)(A).
  Loan authority increase
    Report to Congress.............  PL 101-510 Sec 4303...      1193
  Sub-Saharan Africa
    Initiatives in.................  PL 106-200 Sec 124....       177
Export-Import Bank Act of 1945
  Drug control provisions..........  PL 79-173.............       404
Exports
  (see also Trade)
  Agricultural commodities
    Compensation and assistance      PL 95-501 Sec 417.....      1525
     programs.
    Credit sales program...........  PL 95-501 Sec 201.....      1504
    Enhancement of.................  PL 95-501 Sec 301.....      1515
    Expansion of...................  PL 95-501 Sec 413.....      1523
    Foreign exchange risks.........  PL 99-198 Sec 1134....      1468
    High-value.....................  PL 95-501 Sec 303.....      1518
    Market promotion program.......  PL 95-501 Sec 203.....      1509
    Program controls...............  PL 95-501 Sec 401-404.      1519
    Program limitations............  PL 95-501 Sec 416.....      1524
    Promotion of...................  PL 95-501 Sec 103.....      1502
    Suspension of..................  PL 95-501 Sec 417.....      1525
    To People's Republic of China..  PL 99-198 Sec 1106....      1454
    U.S. policy....................  PL 99-198 Sec 1121....      1465
    Value-added....................  PL 95-501 Sec 303.....      1518
  Agricultural commodity sales
    Dairy products.................  PL 99-198 Sec 1163....      1470
  Agricultural credits and
   guarantees
    Multilateral disciplines on....  PL 104-127 Sec 282....      1418
  Agricultural exports commodities
    Trade strategy development.....  PL 95-501 Sec 103.....      1502
  Commodity Credit Corporation
   assistance
    Report to Congress.............  PL 95-501 Sec 603.....      1529
Exports--Continued
  Commodity Credit Corporation
   assistance--Continued
    Report to Congress--Continued
                                     PL 95-501 Sec 603.....      1529
  Control mechanisms
    Report to Congress.............  PL 104-106 Sec 1324(b)      1016
  Controls on
    National security implications.  PL 104-106 Sec 1322...      1012
  Defense
    Loan guarantees................  PL 108-287 Sec 8065...       782
  Foreign market development         PL 95-501 Sec 702.....      1529
   cooperator program.
    Eligible trade organizations...  PL 95-501 Sec 701.....      1529
  Impact on U.S. military
   capability
    Review by Secretary of Defense.  PL 108-136 Sec 1211...       796
  Iraq
    Prohibited items...............  PL 101-513 Sec 586G...        52
  Munitions List license
   applications
    Electronic system..............  PL 107-228 Sec 1403...       434
  Non-defense production
    Financing assistance...........  PL 101-510 Sec 4303...      1193
    Transition to..................  PL 101-510 Sec 4303...      1193
  Satellites
    National security control costs  PL 108-136 Sec 1212...       796
  U.S. goods and services
    To the former Soviet Union.....  PL 102-511 Sec 303(b).        82
  Weapons
    Control capabilities...........  PL 107-228 Sec 1302...       416
 
 
                                    F
 
Family planning
  (see Population planning)
Farm Security and Rural Investment   PL 107-171 Sec 1......      1402
 Act of 2002
Farmer-to-farmer program
  Agricultural operations and
   systems
    Improving......................  PL 83-480 Sec 501.....      1387
Feed grains surplus
  Overseas donations...............  PL 81-439 Sec 416(b)..      1441
Floyd D. Spence National Defense     PL 106-398 Sec 1......       855
 Authorization Act for Fiscal Year
 2001.
Food
  (see also Agricultural commodity
   sales)
  (see also Agriculture)
  Wheat reserve
    Established....................  EO 12266..............      1544
Food aid
  Africa
    Report to Congress.............  PL 99-8 Sec 6.........       214
  Commodity Credit Corporation
    Free enterprise................  PL 99-198 Sec 1110(l).      1460
  Dairy surplus....................  PL 81-439 Sec 416(b)..      1441
  Developing countries
    Promoting U.S. foreign policy..  PL 83-480 Sec 2.......      1352
    Sense of Congress..............  PL 83-480 Sec 3.......      1353
    Wheat reserve..................  PL 96-494 Title III...      1539
  Distribution of
    Using eligible organizations...  PL 83-480 Sec 202(e)..      1360
  Independent states of the former
   Soviet Union
    Private voluntary organizations  PL 102-511 Sec 703....        99
     assistance.
  Military distribution of
    Conditions on..................  PL 83-480 Sec 403(i)..      1375
Food aid--Continued
  President's Emergency Food         PL 98-473 Sec 303.....      1472
   Assistance Fund.
    Report to Congress.............  PL 98-473 Sec 304.....      1473
  Special Assistant to the           PL 99-198 Sec 1113....      1464
   President for Agricultural Trade
   and Food Aid.
  Stockpiling and delivery
    Assistance for.................  PL 83-480 Sec 208.....      1367
  Transportation, delivery, and
   distribution
    Grants for.....................  PL 83-480 Sec 208.....      1367
  Wheat, rice, feed grains surplus.  PL 81-439 Sec 416(b)..      1441
Food Aid Consultative Group
  Agricultural commodity sales.....  PL 83-480 Sec 205.....      1364
Food and Agriculture Act of 1977...  PL 95-113.............      1476
Food Assistance Policy Council
  Establishment of.................  EO 12752 Sec 3........      1481
Food for Development Program
  Established......................  PL 83-480 Sec 301.....      1368
Food for Progress Act of 1985......  PL 99-198 Sec 1110....      1455
  Implementation of................  EO 12752..............      1480
Food sales
  (see Agricultural commodity
   sales)
Food Security Act of 1985..........  PL 99-198.............      1453
Food Security Wheat Reserve Act of   EO 12266..............      1544
 1980-.
Food supplies
  International emergency reserves.  PL 81-439 Sec 111.....      1440
Food, Agriculture, Conservation,     PL 101-624............      1423
 and Trade Act of 1990.
Food, perishable
  International transport of.......  PL 97-325 Sec 2.......      1557
Forced labor
  Products made with
    Monitoring imports.............  PL 105-261 Title             947
                                      XXXVII.
    Report to Congress.............  PL 105-261 Title             947
                                      XXXVII.
Foreign affairs
  Administrator of the USAID
    Recommendations from...........  EO 13345 Sec 3........       592
  Functions
    Assignment of..................  EO 13345..............       591
  Secretary of State
    Functions assigned to..........  EO 13345 Sec 2........       592
  Secretary of the Treasury
    Functions assigned to..........  EO 13345 Sec 1........       591
Foreign Agricultural Service
  Administrator of.................  PL 95-501 Sec 502.....      1526
  Appropriations, 2006.............  PL 109-97 Title V.....      1449
  Established......................  PL 95-501 Sec 503-506.      1527
Foreign aid
  (see also Agency for
   International Development)
  (see also Disaster assistance)
  (see also Food aid)
  (see also Humanitarian
   assistance)
  (see also Overseas Private
   Investment Corporation)
  Administration of................  EO 12163..............       554
  Africa: Seeds of Hope Act of 1998  PL 105-385............       183
  Belarus
    Promoting democracy and civil    PL 108-347 Sec 2......        58
     society.
  Commodities
    Coordinating disposition of....  PL 81-439 Sec 416(b)..      1441
  Counterpart funds................  PL 83-665 Sec 417.....       483
  Delegation of functions
    Department of State............  45 FR 11655...........       564
Foreign aid--Continued
  Destruction of surplus weapons
   stockpiles
    Appropriations authorization,    PL 107-228 Sec 1241...       415
     2003.
  Developing countries
    Microfinance programs..........  PL 106-309 Sec 103....       497
  Development and use of
   cooperatives
    Report to Congress.............  PL 106-309 Sec 401(d).       505
  Emergency Supplemental Assistance  PL 102-21.............       313
   for Israel Act of 1991.
  Environmental activities.........  PL 106-309 Sec 401(c).       504
  Foreign aid program
    Implementation of..............  EO 11223..............       584
  GUUAM countries and Armenia
    Border security authorizations,  PL 106-280 Sec 516....       456
     2001-2002.
  Humanitarian assistance
    Transporting abroad............  PL 106-309 Sec 403....       505
  Hungary
    Private sector development.....  PL 101-179 Sec 201(b).       129
  Iraq
    Democratic transition support..  PL 105-338 Sec 4......        22
    Humanitarian aid...............  PL 105-338 Sec 4(b)...        23
    Post Saddam Hussein regime.....  PL 105-338 Sec 7......        25
    Reimbursement to the Department  PL 105-338 Sec 4(e)...        24
     of Defense.
    Report to Congress.............  PL 105-338 Sec 4(d)...        24
    Restrictions on................  PL 105-338 Sec 4(c)...        23
  Iraq Relief and Reconstruction
   Fund
    Appropriations, 2003...........  PL 108-11 Ch 5........        12
  Latin America
    U.S. policy....................  PL 86-735 Sec 1.......       290
  Lebanon..........................  PL 98-43..............       316
    Certification on troop           PL 107-228 Sec 1224...       414
     deployment.
  Less-developed countries
    Development and use of           PL 106-309 Sec 401(d).       505
     cooperatives.
  Mauritania
    Presidential certification.....  PL 104-319............       189
  Personnel
    (see Peace Corps)
  Poland
    Private sector development.....  PL 101-179 Sec 201(b).       129
  Programs
    Allocation of funds............  EO 12163 Sec 1-800....       562
    Sense of Congress..............  PL 107-171 Sec 3209...      1407
  Promoting good governance........  PL 106-309 Sec 202....       501
  Sub-Saharan Africa
    Additional authorities.........  PL 106-200 Sec 127....       179
    Development Fund for Africa....  PL 106-200 Sec 127(b).       179
    Report to Congress.............  PL 105-385 Sec 301....       188
  Supplemental appropriations, 2003
    Transfers between accounts.....  PL 108-11 Sec 1311....        12
                                     PL 108-11 Sec 1501....        16
  Transfer of funds................  PL 108-11 Sec 1313....        12
    Congressional notification.....  PL 108-11 Sec 1311....        12
    Limitations on.................  PL 108-11 Sec 1311....        12
  Transported humanitarian relief
   supplies
    Report to Congress.............  PL 98-525 Sec 1540(e).      1322
  United States Microfinance Loan
   Facility
    Report to Congress.............  PL 106-309 Sec 107....       498
  Zimbabwe
    Democratic reforms.............  PL 107-99 Sec 5.......       167
Foreign assistance
  (see Foreign aid)
Foreign currencies
  (see Currencies, foreign)
Foreign Currency Fluctuations,
 Peace Corps Account
  Appropriations authorization.....  PL 87-293 Sec 16(g)...      1590
  Established......................  PL 87-293 Sec 16......      1589
Foreign Defense Critical Technology  10 USC 2517...........       670
 Monitoring and Assessment, Office
 for.
Foreign gifts and decorations
  (see Gifts, foreign)
Foreign governments
  (see Governments, foreign)
Foreign market development
 cooperator program
  Appropriations authorization.....  PL 95-501 Sec 703.....      1517
  Report to Congress...............  PL 95-501 Sec 702(c)..      1530
Foreign Military Financing Program
  Grants
    Appropriations authorization,    PL 107-228 Sec 1223(a)       413
     2003.
  NATO Participation Act of 1994
    Assistance authorization.......  PL 107-187 Sec 5......       444
Foreign military sales
  Middle East
    Loan guaranties................  PL 96-35 Sec 4........       319
Foreign Military Sales Act
  (see Arms Export Control Act)
Foreign Service
  Allowances.......................  PL 87-293 Sec 15(a)...      1586
  Assignments
    NATO...........................  PL 83-665 Sec 408.....       482
Foreign Service Reserve Officers...  PL 89-134 Sec 5.......      1569
Foreign trade
  (see Trade)
Forest products, U.S.
  International competitiveness
    Enhancing......................  PL 101-624 Sec 1247...      1424
Forest Stewardship Act of 1990.....  PL 101-624 Sec 1201...      1424
Former Soviet Union                  PL 102-484 Sec 1401...      1104
 Demilitarization Act of 1992.
Freedom for Russia and Emerging      PL 102-511............        73
 Eurasian Democracies and Open
 Markets Support Act of 1992.
FREEDOM Support Act................  PL 102-511............        73
  Delegation of functions..........  EO 12884..............       163
FRIENDSHIP Act.....................  PL 103-199............        67
Fugitives
  (see Refugees)
 
 
                                    G
 
General Accounting Office
  Technology transfers to China
    Study on.......................  PL 107-107 Sec 1223...       854
General Government Matters           PL 87-125.............       541
 Appropriation Act, 1962.
George C. Marshall European Center
 for Security Studies
  Use of contributions.............  PL 103-337 Sec 1306...      1033
George C. Marshall European Center
 for Strategic Security Studies
  Accepting foreign gifts..........  PL 104-201 Sec 1065(a)       994
  Foreign country participation....  PL 104-201 Sec 1065(b)       995
Gerald B.H. Solomon Freedom          PL 107-187............       442
 Consolidation Act of 2002.
Germany-U.S. relations
  Air defense of U.S. military       PL 98-525 Sec 105.....      1306
   bases.
  Patriot missile system...........  PL 98-525 Sec 105.....      1306
Gifts, foreign
  Property, services, and supplies
    Report to Congress.............  10 USC 2608(e)........       683
Global AIDS and Tuberculosis Relief  PL 106-264............       507
 Act of 2000.
Global AIDS Research and Relief Act  PL 106-264 Sec 101....       507
 of 2000.
  Definitions......................  PL 106-264 Sec 102....       507
Global Alliance for Vaccines and     PL 106-264 Sec 112....       511
 Immunizations and International
 Aids Vaccine.
Global Disaster Information Network
  Interagency Coordinating           EO 13151 Sec 2-4......       589
   Committee.
  Policy...........................  EO 13151 Sec 1........       588
Global Environmental Center
  Activities.......................  PL 106-309 Sec 402....       505
Global Partnership against the       PL 108-375 Sec 1213...       769
 Spread of Nuclear Weapons and
 Materials of Mass Destruction.
Global strike capability
  Integrated plan for
    Established by Secretary of      PL 108-136 Sec 1032...       790
     Defense.
Glomar Java Sea
  Ascertaining fate of survivors...  PL 98-525 Sec 1541....      1323
Good Neighbor Environmental Board
  Establishment of.................  PL 102-532 Sec 6......       268
  Projects
    Report to Congress.............  PL 102-532 Sec 6(d)...       269
Governments, foreign
  Contributions of property,
   services, and supplies
    Report to Congress.............  10 USC 2608(e)........       683
  Defense Department contract
   proposals
    Significant interest disclosure  10 USC 2327(a)........       638
  Humanitarian assistance..........  PL 98-525 Sec 1540....      1322
  Legal actions against U.S.
   persons
    Remedies in response to........  PL 108-136 Sec 1232...       799
  Military training
    Inter-American Air Forces        10 USC 9415...........       690
     Academy.
  Personnel
    Peace Corps contribution.......  PL 87-293 Sec 14......      1585
  Providing nuclear test monitoring
   equipment
    Report to Congress.............  10 USC 2565(c)........       681
    Transfer authority.............  10 USC 2565...........       680
  U.S. security arrangements with
    Report to Congress.............  PL 101-510 Sec 1456...      1179
Greece-U.S. relations
  Cyprus conflict..................  PL 94-104 Sec 2.......       477
GUUAM countries and Armenia
  Border security
    Appropriations authorization,    PL 106-280 Sec 516....       456
     FY 2001-2002.
 
 
                                    H
 
Haiti-U.S. relations
  U.S. military in
    Limitation on, FY 2000.........  PL 106-65 Sec 1232....       911
Health care
  Peace Corps volunteers...........  PL 87-293 Sec 5(e)....      1570
  Swine influenza
    Control of.....................  PL 94-302 Title III...       539
Higgins, William R.
  Murder of
    Sense of Congress..............  PL 101-189 Sec 1638(b)      1219
Higher Education Amendments of 1986
  Peace Corps provisions...........  PL 99-498.............      1610
HIV/AIDS
  Foreign aid
    Additional assistance            PL 106-264 Sec 111....       510
     authorities.
  Sub-Saharan Africa
    Access to drugs and medical      EO 13155..............       519
     technologies.
    Effect on workforce............  PL 106-200 Sec 105(e).       172
    Findings of Congress...........  PL 106-200 Sec 129....       181
  Worldwide
    Findings of Congress...........  PL 106-264 Sec 103....       508
    U.S. policy....................  PL 106-264 Sec 103....       508
HIV/AIDS Response Fund
  Establishment of
    Sub-Saharan Africa.............  PL 106-200 Sec 128....       180
Hong Kong
  Former Governor of
    Findings and sense of Congress.  PL 105-85 Sec 1232....       983
Horn of Africa Recovery and Food     PL 102-274............       202
 Security Act.
Hospital, American Children's
  Zablocki Outpatient Facility.....  PL 98-266.............       153
Human rights
  Iraq
    Violation of United Nations      PL 102-190 Sec 1096...      1152
     Security Council Resolution
     688.
    Violations in Kuwait...........  PL 101-513 Sec 586A(7)        47
    Violations of..................  PL 101-513 Sec                50
                                      586F(a)(4).
                                     PL 101-513 Sec 586F(b)        51
  Poland
    Violation of...................  PL 100-456 Sec 1305...      1241
  Respect for
    Arms sales conditions..........  PL 106-113 Sec               474
                                      1262(b)(2).
  Violations
    Agricultural commodity sales...  PL 83-480 Sec 403(j)..      1376
  Violations by foreign security
   forces
    U.S. training prohibition......  PL 109-148 Sec 8069...       730
  Violations of by Iraq
    U.N. response..................  PL 105-338 Sec 6......        25
Human Rights, Refugee, and Other     PL 104-319............       189
 Foreign Relations Provisions Act
 of 1996.
Humanitarian assistance
  Afghan refugees..................  PL 101-510 Sec 303....      1161
                                     PL 101-189 Sec 304....      1196
                                     PL 100-456 Sec 303....      1229
                                     PL 99-145 Sec 305.....      1289
    Extension of authorization.....  PL 99-661 Sec 331.....      1279
  Appropriations authorization, FY   PL 106-65 Sec 301(19).       882
   2000.
  Appropriations, FY 1993..........  PL 102-396 Title II...      1132
  Center for Excellence in Disaster  10 USC 182............       607
   Management.
  Central America
    Private voluntary and            PL 101-215 Sec 1......       284
     international organizations.
  Department of Defense............  PL 103-160 Sec 1504...      1072
    Appropriations authorization...  PL 104-201 Sec 301....       988
    Appropriations authorization,    PL 102-190 Sec              1134
     FY 1992.                         301(a)(17).
    Appropriations authorization,    PL 102-484 Sec 301(17)      1084
     FY 1993.
                                     PL 102-190 Sec              1134
                                      301(c)(16).
    Appropriations authorization,    PL 104-106 Sec              1007
     FY 1996.                         301(a)(19).
    Appropriations authorization,    PL 105-85 Sec 301.....       950
     FY 1998.
    Appropriations authorization,    PL 107-107 Sec               848
     FY 2002.                         301(a)(19).
Humanitarian assistance--Continued
  Department of Defense--Continued
    Appropriations authorization,    PL 108-136 Sec 301(18)       785
     FY 2004.
    Appropriations authorization,    PL 108-375 Sec 301(18)       747
     FY 2005.
    Appropriations, FY 2006........  PL 109-148 Sec 8009...       728
  Department of Defense overseas
   programs
    Appropriations reductions......  PL 104-106 Sec 1008...      1009
    Report to Congress.............  PL 104-106 Sec 1311...      1011
  Department of Defense programs
    Appropriations, 2006...........  PL 109-148 Title II...       727
  Department of Defense providing..  10 USC 401............       618
  Estonia
    Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
  Extension of authorization.......  PL 100-180 Sec 331....      1260
  Iraq
    Exemptions under United Nations  PL 101-513 Sec 586C(b)        48
     Security Council resolutions.
  Iraqi refugees...................  PL 102-45.............       311
  Land mine clearing
    Appropriations authorization...  PL 103-160 Sec 306....      1052
  Latvia
    Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
  Lithuania
    Sense of Congress..............  PL 101-510 Sec 1459...      1181
  Nicaragua
    Child victims..................  PL 100-276 Sec 8......       288
    Private voluntary and            PL 100-276 Sec 8......       288
     international organizations.
  Non-Communist resistance forces
    Thailand and Cambodia..........  PL 100-456 Sec 303....      1229
  Overseas Humanitarian, Disaster,
   and Civic Aid programs
    Limitation on..................  PL 103-337 Sec 1411...      1049
  Secretary of Defense
    Report to Congress.............  10 USC 2561(c)........       678
    Transfer of funds..............  10 USC 2561...........       678
    Transportation provided........  10 USC 2561(a)........       678
  Soviet Union.....................  PL 102-228 Sec 301....       106
  Supplemental appropriations        PL 103-160 Sec 1113...      1054
   authorization, FY 1993.
  Thai-Cambodian resistance forces.  PL 102-190 Sec 304....      1135
                                     PL 102-190 Sec 304....      1135
                                     PL 101-510 Sec 303....      1161
                                     PL 101-189 Sec 304....      1196
  Training foreign civilian and
   military personnel
    Payment for....................  PL 107-248 Sec 8093...       845
  Transport of supplies by           10 USC 402............       622
   Department of Defense.
    Report to Congress.............  PL 98-525 Sec 1540....      1322
  Transportation relief
    Afghanistan invasion by Soviet   PL 102-190 Sec 304....      1135
     Union.
  Unauthorized countries
    Report to Congress.............  10 USC 2561(d)........       678
  Using excess non-lethal supplies.  10 USC 2557...........       677
Hungarian-American Enterprise Fund
  Annual report....................  PL 101-179 Sec 201(p).       133
  Appropriations authorization.....  PL 101-179 Sec 201(b).       129
  Recordkeeping requirements.......  PL 101-179 Sec 201(o).       132
  USAID grants.....................  PL 101-179 Sec 201(e).       130
Hungary-U.S. relations
  Central European Small Business    67 Stat 232...........       160
   Enterprise Development
   Commission.
Hungary-U.S. relations--Continued
  Credit unions
    U.S. policy on.................  PL 101-179 Sec 206....       136
  Environment
    Report to Congress.............  PL 101-179 Sec 703....       145
  Labor market reforms
    Assistance in..................  PL 101-179 Sec 202....       133
  Private sector development
    Assistance in..................  PL 101-179 Sec 203....       134
    Foreign aid....................  PL 101-179 Sec 201(b).       129
  Small business
    Management and technical         67 Stat 232...........       160
     assistance.
  Support for East European
   Democracy (SEED)
    Democratic institutions support  PL 101-179 Sec 501....       141
    Environmental programs.........  PL 101-179 Sec 502....       141
    Multilateral support for.......  PL 101-179 Sec 101....       125
Hunger
  Congressional Hunger Fellows
   Program
    Established....................  PL 107-171 Sec 4404(b)      1411
  Congressional Hunger Fellows
   Trust Fund
    Established....................  PL 107-171 Sec 4404(e)      1414
  In the United States
    Addressing needs...............  PL 107-171 Sec 4404(d)      1412
  International
    Addressing needs...............  PL 107-171 Sec 4404(d)      1412
Hunger prevention
  (see Food aid)
 
 
                                    I
 
Immigration and Naturalization
 Service
  U.S. military assistance
    Plan preparation...............  PL 106-65 Sec 1027....       892
Immigration, foreign
  Latin America
    Ryukyuan migrants..............  PL 86-735 Sec 4.......       292
Immigration, U.S.
  Iraqi armed forces members
    Admission to United States.....  PL 103-160 Sec 1164...      1055
Imports
  Educational and cultural
   materials
    (see Educational and cultural
     exchange)
  Forced labor products made with
    Destined for the U.S. market...  PL 105-261 Title             947
                                      XXXVII.
Independent States Business and
 Agriculture Advisory Council
  Establishment of.................  PL 102-511 Sec 302....        82
India-Pakistan Relief Act of 1998..  PL 105-277 Title IX...       350
India-U.S. relations
  Drug control
    Imports of narcotics raw         PL 101-647 Sec 2501...       387
     material.
  Sanctions
    Waiver of......................  PL 106-79 Sec 9001....       348
Indochina War
  POWs/MIAs
    Disclosing information on......  PL 102-190 Sec 1082...      1149
Indonesia-U.S. relations
  International military education
   and training
    Aid restrictions...............  PL 104-164 Sec 111....       536
Information
  International cooperative
   information exchange
    Findings of Congress...........  PL 105-261 Sec 3160...       945
Initiatives for Proliferation
 Prevention
  Funding authorization............  PL 105-261 Sec 3133(a)       944
Initiatives for Proliferation
 Prevention program
  Achieving commercial objectives
    Evaluation.....................  PL 107-314 Sec               835
                                      4302(a)(5).
Intellectual property rights
  Inadequate protection of
    Consideration with respect to    PL 101-189 Sec 852....      1199
     procurement.
  Intelligence, foreign
  Integration of
    Funding availability...........  PL 109-148 Sec 8104...       731
Inter-American Air Forces Academy
  Operation of.....................  10 USC 9415...........       690
International Anti-Corruption and    PL 106-309 Sec 201....       501
 Good Governance Act of 2000.
  Findings of Congress.............  PL 106-309 Sec 202....       501
International Arms Sales Code of     PL 106-113 Sec 1261...       473
 Conduct Act of 1999.
                                     PL 106-113 Subtitle F.       473
International Atomic Energy Agency
 (IAEA)
  Nuclear and radiological security
    Dialogue with the OECD.........  PL 108-136 Sec 3631...       806
International Atomic Energy Agency-
 U.S. relations
  Assistance to Iran
    Report to Congress.............  PL 107-228 Sec 1344...       433
  Budget assessment increase.......  PL 107-228 Sec 1305...       417
  Country specific programs
    Report to Congress.............  PL 107-228 Sec 1344...       433
  Findings of Congress.............  PL 107-228 Sec 1305...       417
  Programs and projects review
    Report to Congress.............  PL 107-228 Sec 1343...       432
  Voluntary contributions..........  PL 107-228 Sec 1305...       417
International Carriage of            PL 97-325.............      1557
 Perishable Foodstuffs Act.
International cooperation
  Undersea rescue and recovery
    Sense of Congress..............  PL 106-398 Sec 1237(c)       873
International Cooperation to         PL 100-530............       538
 Protect Biological Diversity.
International cooperative stockpile
 stewardship
  Associated activities
    Funding prohibition............  PL 107-314 Sec 4301...       834
International Cotton Advisory
 Committee
  U.S. participation...............  PL 104-127 Sec 283....      1419
International Development            44 FR 57521...........       576
 Cooperation Agency Delegation of
 Authority No. 1.
International Disaster Assistance
  Supplemental appropriations, 2003  PL 108-11 Ch 5........        12
International Emergency Economic
 Powers Act (IEEPA)
  Chinese military companies
    Application to.................  PL 105-261 Sec 1237...       943
International financial
 institutions
  South Africa
    Democratic transition support..  PL 103-149 Sec 9......       200
International Forest Products Trade
 Institute
  Establishing.....................  PL 101-624 Sec 1247...      1424
International law
  Iraq
    Violation of...................  PL 101-513 Sec 586F...        50
International Malaria Control Act    PL 106-570 Sec 101....       489
 of 2000.
International military education
 and training
  Appropriations authorization, FY   PL 106-280 Sec 201....       449
   2001.
International Monetary Fund
  Practices consistent with U.S.
   policies
    Report to Congress.............  PL 106-113 Sec 504(e).       526
International Narcotics Control Act  PL 99-570 Sec 2001....       402
 of 1986.
International Narcotics Control Act  PL 100-690 Title IV...       399
 of 1988.
International Narcotics Control Act  PL 101-231 Sec 1......       389
 of 1989.
International Narcotics Control Act  PL 101-623 Sec 1......       378
 of 1990.
International Narcotics Control      PL 103-447............       376
 Corrections Act of 1994.
International organizations
  (see also respective
   institutions)
  Personnel
    Peace Corps contribution.......  PL 87-293 Sec 14......      1585
International peacekeeping
 activities
  U.S. support for.................  PL 103-160 Sec 1501...      1069
                                     PL 102-484 Sec 1342...      1099
International Tuberculosis Control   PL 106-264 Sec 201....       516
 Act of 2000.
Iran Nuclear Proliferation           PL 107-228 Sec 1341...       432
 Prevention Act of 2002.
Iran-Iraq Arms Non-Proliferation     PL 102-484 Sec 1601...        26
 Act of 1992.
  Definitions......................  PL 102-484 Sec 1608...        30
Iran-U.S. relations
  Arms control
    Policy toward..................  PL 102-484 Sec 1602...        27
  International Atomic Energy
   Agency assistance
    Report to Congress.............  PL 107-228 Sec 1344...       433
  Iraq Sanctions Act of 1990
    Applicability..................  PL 102-484 Sec 1603...        27
Iraq Freedom Fund
  Appropriations, 2006
    Additional.....................  PL 109-148 Title IX...       733
  Emergency appropriations
   Appropriation authorization, FY   PL 109-163 Sec 1511...       723
   2006.
    Authorization for..............  PL 108-375 Sec 1507...       774
  Supplemental appropriations, 2003  PL 108-11 Title I.....         6
    Pakistan reimbursement.........  PL 108-11 Sec 1310....        11
  Transfer of funds to.............  PL 108-11 Sec 1313....        12
Iraq Liberation Act of 1998........  PL 105-338............        21
  Drawdown support
    Supplemental appropriations,     PL 108-11 Sec 1309....        10
     2003.
  Findings of Congress.............  PL 105-338 Sec 2......        21
Iraq Relief and Reconstruction Fund
  Appropriations, 2003.............  PL 108-11 Ch 5........        12
  Congressional notification.......  PL 108-11 Ch 5........        12
Iraq Sanctions Act of 1990.........  PL 101-513 Sec 586-           46
                                      586J.
  Iran
    Applicability..................  PL 102-484 Sec 1603...        27
Iraq Sanctions Act of 1992
  Provisions of
    Suspension by President........  PL 108-11 Sec 1503....        17
Iraq-U.S. relations
  Actions with respect to
    Multilateral cooperation.......  PL 101-513 Sec 586F(d)        51
  Arms control
    Policy toward..................  PL 102-484 Sec 1602...        27
   Civilian casualties
     Report to Congress............  PL 109-163 Sec 1223...       707
Iraq-U.S. relations--Continued
  Coalition forces
    Funding availability...........  PL 109-148 Sec 9009...       735
  Coalition Provisional Authority
    Inspector General..............  PL 108-375 Sec 1203...       763
  Commanders' Emergency Response
   Program
    Appropriations authorization...  PL 108-375 Sec 1201...       761
     Appropriations authorization,   PL 109-163 Sec 1202...       698
     FY 2006.
    Appropriations, 2006...........  PL 109-148 Sec 9007...       734
   Defense articles and services
     transfer to Iraqi security      PL 109-163 Sec 1209...       703
     forces.
  Democracy in
    Foreign aid....................  PL 105-338 Sec 4......        22
  Democratic opposition
   organizations
    Designation of.................  PL 105-338 Sec 5......        24
  Department of Defense security
   and reconstruction activities
    Report to Congress.............  PL 108-136 Sec 1203...       794
  Findings of Congress.............  PL 105-338 Sec 2......        21
  Foreign aid
    Funds subject to reprogramming   PL 108-11 Sec 1502....        17
     procedures.
  Increased operating costs
    Emergency appropriations         PL 108-375 Sec 1501...       773
     authorization.
  Injured Iraqi children
    Medical assistance for.........  PL 108-136 Sec 1201...       792
  International financial
   assistance
    U.S. opposition to.............  PL 101-513 Sec 586G(5)        52
  Invasion of Kuwait
    Declarations...................  PL 101-513 Sec 586A...        47
    Trade embargo..................  PL 101-513 Sec 586C...        47
  Iraq Relief and Reconstruction
   Fund
    Appropriations, 2003...........  PL 108-11 Ch 5........        12
  Iraqi security forces
    Report to Congress.............  PL 108-375 Sec 1204(c)       764
  Military aid
    Nonlethal military equipment...  PL 108-11 Sec 1504....        18
  Military and security forces
    Assistance authorization.......  PL 108-375 Sec 1202...       762
                                     PL 109-163 Sec 1202...       698
  Military operations
    Supplemental appropriations,     PL 108-11 Title I.....         6
     2003.
  Natural Resources Risk
   Remediation Fund
    Supplemental appropriations,     PL 108-11 Title I.....         8
     2003.
  New Iraqi Army
    Training and equipment funding.  PL 109-148 Sec 9006...       734
                                     PL 109-13 Title I.....       740
  Persons detained by United States
    Abuse prevention...............  PL 108-375 Sec 1092...       758
    Policies on....................  PL 108-375 Sec 1091(b)       758
    Sense of Congress..............  PL 108-375 Sec 1091...       757
  Post-conflict strategy
    Report to Congress.............  PL 108-11 Sec 1506....        18
  Post-major combat operations
    Report to Congress.............  PL 108-375 Sec 1042...       754
  Rebuilding with U.S. funds
    Sense of Congress..............  PL 102-25 Sec 607.....        44
  Reconstruction
    Participation of women.........  PL 108-136 Sec 1205...       796
    Small business participation...  PL 108-136 Sec 1205...       796
  Saddam Hussein regime
    Replacement of.................  PL 105-338 Sec 7......        25
Iraq-U.S. relations--Continued
  Stabilization strategy
    Report to Congress.............  PL 108-375 Sec 1204...       763
  Terrorism
    Support for acts of............  PL 101-513 Sec 586F(c)        51
  U.S. policy on...................  PL 105-338 Sec 3......        22
                                     PL 109-163 Sec 1227...       710
  United Nations Oil-for-Food
   Program
    U.S. access to documents.......  PL 108-375 Sec 1207...       767
  Violation of United Nations
   Security Council Resolution 687
    Sense of Congress..............  PL 102-190 Sec 1095...      1152
  Violation of United Nations
   Security Council Resolution 688
    Sense of Congress..............  PL 102-190 Sec 1096...      1152
  War crimes tribunal..............  PL 105-338 Sec 6......        25
   War strategy
     Report to Congress............  PL 109-163 Sec 1222...       706
  Weapons
    Support for inspections and      PL 107-314 Sec 1204...       814
     monitoring.
  Weapons activity
    U.N. inspection and monitoring.  PL 106-398 Sec 1201...       864
  Weapons of mass destruction
    Report to Congress.............  PL 108-136 Sec 1204...       795
Ireland-U.S. relations
  Agriculture
    Exchanging information.........  PL 99-198 Sec 1420....      1471
  Counterpart funds................  PL 83-665 Sec 417.....       483
  Promoting reconciliation.........  PL 99-415.............       355
Israel-U.S. relations
  Arab boycott
    Department of Defense contracts  10 USC 2410i..........       667
    Department of Defense contracts  PL 102-190 Sec 1075...      1148
     policies.
  Arms sales
    Loan guaranties................  PL 96-35 Sec 4........       319
  Defense articles
    Transfers......................  PL 106-280 Sec 112....       448
  Defense cooperation
    Sense of Congress..............  PL 103-337 Sec 1321...      1039
  Defense industrial cooperation...  PL 102-484 Sec 205....      1084
  Economic Support Fund
    Appropriations authorization,    PL 106-280 Sec 513(b).       453
     FY 2001-2002.
    Loan guarantees................  PL 108-11 Ch 5........        14
    Supplemental appropriations,     PL 108-11 Ch 5........        14
     2003.
  Foreign Military Financing
   Program
    Appropriations authorization...  PL 106-280 Sec 513(c).       453
  Loan guarantees
    Report to Congress.............  PL 108-11 Ch 5........        14
  Military aid.....................  PL 93-199.............       479
                                     PL 91-441 Sec 501.....      1341
    Appropriations authorization,    PL 106-280 Sec 513....       452
     FY 2001-2002.
  Naval port facilities
    Sense of Congress..............  PL 104-106 Sec 1336...      1017
  Navy port calls
    Sense of Congress..............  PL 108-136 Sec 1234...       801
  Persian Gulf conflict
    Supplemental appropriations      PL 102-21.............       313
     authorization.
  Satellite imagery
    Prohibition on collection and    PL 104-201 Sec 1064...       994
     release.
Italy-U.S. relations
  Air defense of U.S. military       PL 98-525 Sec 105.....      1306
   bases.
Italy-U.S. relations--Continued
  Cooperative agreements
    Air defense....................  PL 102-190 Sec 1050...      1144
 
 
                                    J
 
Japan-U.S. relations
  Burden sharing
    Sense of Congress..............  PL 101-510 Sec 1455...      1178
  Ceiling on U.S. Armed Forces in..  PL 101-510 Sec 1455...      1178
  Contributions to common defense..  PL 98-94 Sec 1102.....      1325
  Department of Defense technology
   office
    Establishing...................  PL 101-510 Sec 248....      1161
  Global security
    Expanded Japanese role.........  PL 101-189 Sec 913....      1206
                                     PL 100-456 Sec 1009...      1235
                                     PL 100-180 Sec 1012...      1264
  Japanese agricultural markets      PL 100-418 Sec 4608...      1498
   access.
  Japanese trade with Vietnam
    Sense of Congress..............  PL 100-180 Sec 1404...      1273
  Language training
    Grants program established.....  10 USC 2198...........       634
  Personal vehicles of U.S.          PL 98-525 Sec 653.....      1312
   military personnel.
  Security relationship
    Report to Congress.............  PL 103-337 Sec 1325...      1044
  Semiconductor trade agreement
    Sense of Congress..............  PL 104-201 Sec 1081...       995
  Technological research and
   development
    Cooperation....................  PL 102-190 Sec 255....      1134
                                     PL 101-510 Sec 1454...      1176
  U.S. Armed Forces in
    Contributions in support of....  PL 101-510 Sec 1455...      1178
  U.S. defense expenditures in
    Report to Congress.............  PL 101-189 Sec 913....      1206
                                     PL 100-456 Sec 1009(b)      1236
                                     PL 100-180 Sec 1011...      1263
John Ogonowski and Doug Bereuter     PL 83-480 Sec 501.....      1387
 Farmer-to-Farmer Program.
  Appropriations authorization.....  PL 83-480 Sec 501(e)..      1390
  Establishing.....................  PL 83-480 Sec 501(b)..      1388
Johnson Act
  Independent states of the former
   Soviet Union
    Exemption from.................  PL 102-511 Sec 902....       102
Joint Chiefs of Staff
  Military roles and missions
    Report to Secretary of Defense.  PL 102-484 Sec 901....      1086
Joint Commission on Rural
 Reconstruction in China
  U.S. membership in...............  PL 83-665 Sec 536.....       486
Jordan Supplemental Economic         PL 99-88 Sec 401......       314
 Assistance Authorization Act of
 1985.
Jordan-U.S. relations
  Arms sales
    Joint resolution on............  PL 99-162.............       476
  Economic Support Fund
    Supplemental appropriations,     PL 108-11 Ch 5........        13
     2003.
  Foreign aid......................  PL 99-88 Sec 402......       314
    Presidential certification.....  PL 99-88 Sec 403(b)...       315
  Logistical support in Iraq
    Reimbursement for..............  PL 108-11 Sec 1310....        11
Jordan-U.S. relations--Continued
  Logistical support in Iraq--
   Continued
    Reimbursement for--Continued
                                     PL 109-13 Title I.....       738
 
 
                                    K
 
Korea, North-U.S. relations
  Department of Defense
   appropriations
    Assistance restrictions........  PL 109-148 Sec 8047...       729
  Nuclear weapons development
    Sense of Congress..............  PL 103-337 Sec 1324...      1042
Korea, Republic of-U.S. relations
  Korean beef market access........  PL 100-418 Sec 4607...      1497
  Korean military readiness........  PL 103-337 Sec 1322...      1040
  National security
    Expanded Korean role...........  PL 101-189 Sec 915....      1208
  Peninsula security situation
    Report to Congress.............  PL 106-65 Sec 1233....       911
  U.S. military presence in
    Findings of Congress...........  PL 102-190 Sec 1044...      1142
Korean Airlines (KAL) Flight 7
  Former Soviet Union-U.S. trade     PL 103-199 Sec 201....        70
   relations.
Kosovo-U.S. relations
  Peacekeeping
    Support from European nations..  PL 106-398 Sec 1213...       866
  Peacekeeping operations, FY 2001
    Funding limitation.............  PL 106-398 Sec 1005...       859
  Peacekeeping operations, FY 2002
    Funding limitation.............  PL 107-107 Sec 1005...       849
  Withdrawal of U.S. military
    NATO benchmarks for............  PL 106-398 Sec 1212...       865
Kuwait-U.S. relations
  Burden sharing contributions
    Anticipation of................  PL 109-148Sec 8024....       729
  Rebuilding
    Sense of Congress..............  PL 102-25 Sec 606.....        42
 
 
                                    L
 
 Labelle Discotheque bombing
   Report to Congress..............  PL 109-163 Sec 1225...       709
Land mines
  Alternatives to
    Appropriations authorization,    PL 105-261 Sec 248....       920
     FY 1999.
Language proficiency
  Foreign service officers.........  PL 101-624 Sec 1556...      1438
Language training
  Arabic
    Program expansion..............  PL 107-107 Sec 306....       848
  Japanese
    Grants program established.....  10 USC 2198...........       634
  Peace Corps......................  PL 87-293 Sec 24......      1592
Latin America
  (see also Organization of
   American States)
  Enterprise for the Americas
   Facility
    Establishing...................  PL 83-480 Sec 602.....       270
  Environment for the Americas
   Board
    Establishing...................  PL 83-480 Sec 610.....       274
Latin America-U.S. relations
  Al Qaeda and associated groups
    Report to Congress.............  PL 108-375 Sec 1047...       757
Latin America-U.S. relations--
 Continued
  Enterprise for the Americas
   Initiative
    Implementation of..............  EO 12757..............      1480
  Foreign aid......................  PL 86-735 Sec 1.......       290
  Free trade zone
    Effect on United States........  PL 102-532 Sec 5......       268
  Ryukyuan Archipelago
    Immigration from...............  PL 86-735 Sec 4.......       292
  Tropical Forest Conservation Act
   of 1988
    Implementation of..............  EO 12757..............      1480
Latin American Development Act.....  PL 86-735.............       290
Latvia-U.S. relations
  Graduate students
    U.S. scholarships..............  PL 102-138 Sec 227....       112
  Humanitarian assistance
    Sense of Congress..............  PL 101-510 Sec 1459(c)      1181
  Nonlethal defense articles
    Eligibility for................  PL 102-511 Sec 906....       102
Law enforcement officials, U.S.
  Assistance from Department of      10 USC 380............       616
   Defense.
Least developed countries
  Agricultural commodity sales
    Bilateral grants...............  PL 83-480 Sec 302.....      1368
    Eligibility....................  PL 83-480 Sec 302.....      1368
    Grant programs.................  PL 83-480 Sec 303.....      1369
Lebanon Emergency Assistance Act of  PL 98-43..............       316
 1983.
Lebanon-U.S. relations
  Armed forces
    Deployment to Lebanon-Israeli    PL 107-228 Sec 1224...       414
     border.
  Economic Support Fund
    Foreign aid....................  PL 98-43 Sec 2........       316
  Foreign aid
    Presidential certification on    PL 107-228 Sec 1224...       414
     deployment of armed forces.
  Military aid.....................  PL 98-43 Sec 3........       317
  U.S. Armed Forces in.............  PL 98-43 Sec 4........       317
Lending institutions
  (see Multilateral development
   banks)
Less-developed countries
  (see also Africa-U.S. relations)
  (see also Africa, Horn of-U.S.
   relations)
  (see also Africa, sub-Saharan-
   U.S. relations)
  (see also Latin America-U.S.
   relations)
  Agricultural commodity imports
    (see Agricultural commodity
     sales)
  Malaria
    Findings of Congress...........  PL 106-570 Sec 102....       489
Liberia-U.S. relations
  Peace process
    Sense of Congress..............  PL 102-270............       211
Libya-U.S. relations
  Sanctions
    Continuation of................  PL 106-65 Sec 1234....       912
Lithuania-U.S. relations
  Graduate students
    U.S. scholarships..............  PL 102-138 Sec 227....       112
  Humanitarian assistance
    Sense of Congress..............  PL 101-510 Sec 1459...      1181
  Nonlethal defense articles
    Eligibility for................  PL 102-511 Sec 906....       102
Loan guarantees
  Israel
    Economic Support Fund..........  PL 108-11 Ch 5........        15
Loyalty
  Oath of allegiance
    Peace Corps volunteers.........  PL 87-293 Sec 5(j)....      1572
Loyalty--Continued
  Peace Corps......................  PL 87-293 Sec 5(j)....      1572
  Security investigations..........  PL 87-293 Sec 5(j)....      1572
 
 
                                    M
 
Maintaining United States Nuclear
 Weapons Expertise, Commission on
  Authority modification...........  PL 105-85 Sec 3163....       985
  Established......................  PL 104-201 Sec 3162...      1001
Malaria
  Eradication assistance
    Appropriations authorization...  PL 106-570 Sec 103....       490
  Foreign countries
    Eradication assistance.........  PL 106-570 Sec 103....       490
    Findings of Congress...........  PL 106-570 Sec 102....       489
  United States
    Findings of Congress...........  PL 106-570 Sec 102....       489
Malta-U.S. relations
  Static cargo x-ray facility......  PL 106-280 Sec 304....       450
Management and Budget, Office of
  Foreign aid program                EO 12163 Sec 1-503....       559
   administration.
    Reserved functions.............  EO 12163 Sec 1-703....       561
Mauritania-U.S. relations
  Foreign aid
    Presidential certification.....  PL 104-319............       189
McGovern-Dole International Food
 for Education and Child Nutrition
 Program
  Established......................  PL 107-171 Sec 3107...      1402
  Grants
    Appropriations, 2006...........  PL 109-97 Title V.....      1449
Memoranda of understanding and
 related agreements
  Secretary of Defense.............  10 USC 2531...........       672
Merchant Marine Act of 1936, as      49 Stat 1985..........       543
 amended.
Merchant marine, U.S.
  Transporting agricultural          PL 99-198 Sec 1141....      1469
   commodity exports.
Mexico-U.S. relations
  Agricultural research and          PL 95-113 Sec 1459....      1548
   development program.
  Agriculture
    Center for North American        PL 102-532 Sec 4......       267
     Studies.
  Drug control
    Appropriations authorization...  PL 105-85 Sec 1032....       953
                                     PL 104-201 Sec 1031...       988
    Assistance limitation..........  PL 101-231 Sec 7......       391
  Elections
    Findings and sense of Congress.  PL 105-85 Sec 1230....       981
  Environmental projects
    Good Neighbor Environmental      PL 102-532 Sec 6......       268
     Board.
  Microenterprise assistance
    Findings and sense of Congress.  PL 106-309 Sec 110....       500
MIAs
  (see also Indochina War)
  Families of
    Support center.................  PL 102-190 Sec 1083...      1151
  Indochina
    Accounting of..................  PL 98-525 Sec 1525....      1321
  Information on
    Public availability of.........  PL 102-190 Sec 1082...      1149
Microenterprise assistance
  Mexico
    Findings and sense of Congress.  PL 106-309 Sec 110....       500
Microenterprise for Self-Reliance    PL 106-309 Sec 1......       494
 and International Anti-Corruption
 Act of 2000.
Microenterprise for Self-Reliance
 and International Anti-Corruption
 Act of 2000--Continued
  Findings of Congress.............  PL 106-309 Sec 102....       494
Microenterprise institutions
  Access to by poor people overseas
    Report to Congress.............  PL 106-309 Sec 108....       498
  Supporting and strengthening
    AID leadership.................  PL 106-309 Sec 109....       500
  U.S. foreign policy objectives...  PL 106-309 Sec 103....       497
Middle East
  (see also Israel-U.S. relations)
  Arms control
    Consultation support...........  PL 106-398 Sec 1202...       865
  Israel-U.S. relations
    Military aid...................  PL 91-441 Sec 501.....      1341
  Peace efforts
    Military aid in support of.....  PL 96-35 Sec 2........       318
    Support from countries.........  PL 96-35 Sec 7........       320
  U.S. relations with
    Military aid...................  PL 93-199.............       479
Middle East Peace Commitments Act    PL 107-228 Sec 601....       293
 of 2002.
Middle East Peace Facilitation Act   PL 103-125............       308
 of 1993.
Middle East Peace Facilitation Act   PL 103-236 Sec 581....       304
 of 1994.
Middle East Peace Facilitation Act   PL 104-107 Sec 601....       296
 of 1995.
Military aid, U.S.
  (see also Arms sales, U.S.)
  (see also Economic Support Fund)
  (see also Mutual defense)
  Defense articles
    Credit sales...................  PL 106-280 Sec 101....       447
    Export loan guarantees.........  PL 103-160 Sec 1186...      1055
  Drug control
    Exemptions for law enforcement   PL 103-447 Sec 104....       376
     agencies.
  Egypt
    Appropriations authorization,    PL 106-280 Sec 514....       454
     FY 2001-2002.
  Estonia
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Foreign military financing grants
    Appropriations authorization...  PL 107-228 Sec 1223(a)       413
  Georgia
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Greece
    Appropriations authorization,    PL 107-228 Sec 1222...       412
     2003.
  Hungary
    Excess defense articles........  PL 106-113 Sec 1212...       463
  International Military Education
   and Training
    Appropriations authorization,    PL 107-228 Sec 1211...       412
     2003.
                                     PL 107-228 Sec 1223(b)       413
  Israel...........................  PL 93-199.............       479
    Appropriations authorization,    PL 106-280 Sec 513....       452
     FY 2001-2002.
  Kazakhstan
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Kyrgyzstan
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Latvia
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Lithuania
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Middle East
    Loan guaranties................  PL 96-35 Sec 4........       319
    Peace treaty support...........  PL 96-35 Sec 2........       318
  Moldova
    Excess defense articles........  PL 106-113 Sec 1212...       463
Military aid, U.S.--Continued
  National security assistance
   strategy
    Report to Congress.............  PL 107-228 Sec 1501...       436
  Naval vessels
    Transfer of....................  PL 106-280 Sec 601....       457
                                     PL 106-113 Sec 1271...       467
                                     PL 105-261 Sec 1235...       939
  Philippines
    Sense of Congress..............  PL 106-280 Sec 709....       461
  Poland
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Republic of Korea
    Stockpile transfer.............  PL 106-113 Sec 1232(a)       464
  Slovakia
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Stockpile transfer
    Congressional notification.....  PL 106-113 Sec 1232(d)       465
  Thailand
    Stockpile transfer.............  PL 106-113 Sec 1232(b)       464
  Turkey...........................  PL 94-104 Sec 2.......       477
    Appropriations authorization,    PL 107-228 Sec 1222...       412
     2003.
  Ukraine
    Excess defense articles........  PL 106-113 Sec 1212...       463
  Uzbekistan
    Excess defense articles........  PL 106-113 Sec 1212...       463
Military bases abroad
  (see Military, U.S., Stationed
   abroad)
Military construction
  Appropriations authorization
    Expirations....................  PL 102-190 Sec 2701...      1156
Military Construction Authorization  PL 101-510 Sec 2001...      1184
 Act for Fiscal Year 1991.
Military Construction Authorization  PL 102-190 Sec 2001...      1156
 Act for Fiscal Year 1992.
Military equipment, foreign
  Ballistic missiles
    Nonproliferation of............  PL 108-375 Sec 1212...       769
  Missiles in South Asia
    U.S. policy on.................  PL 107-228 Sec 1601...       436
Military equipment, U.S.
  Anti-ballistic missiles
    Development and testing........  PL 100-180 Sec 225....      1253
  Anti-personnel land mines
    Export controls................  PL 102-484 Sec 1365...      1102
    Export moratorium extension....  PL 103-160 Sec 1423...      1065
  Anti-satellite weapons...........  PL 98-94 Sec 1235.....      1332
  B-1B bomber program
    Sense of Congress..............  PL 99-145 Sec 1425....      1302
  BIGEYE binary chemical bomb
    Production restrictions........  PL 99-145 Sec 1411(d).      1292
  Civilian use of..................  10 USC 372............       611
  Exports
    Export financing...............  PL 101-189 Sec 825....      1199
  Midgetman missile program
    Modernization of...............  PL 100-180 Sec 220....      1251
  Missiles
    Technology control.............  PL 101-510 Sec 1701...      1183
  Missiles and missile technology
    Transfer of....................  PL 101-510 Sec 1701...      1183
    U.S. policy on.................  PL 101-510 Sec 1701...      1183
  MX missile
    Policy on additional             PL 98-525 Sec 110.....      1307
     acquisitions.
    Modernization of...............  PL 100-180 Sec 220....      1251
  M1 or M1-A1 Abrams tank
    Co-production of...............  PL 100-180 Sec 1023...      1266
  Naval vessels
    Transfers of...................  PL 107-228 Sec 1701...       440
Military equipment, U.S.--Continued
  OA-37 Dragonfly
    Foreign military sales.........  PL 98-525 Sec 113.....      1311
  Procured by European military....  PL 102-190 Sec 832....      1136
  Strategic bomber programs
    Sense of Congress..............  PL 99-145 Sec 1425....      1302
  Transfer to certain nations
    Restrictions on................  PL 100-456 Sec 1307...      1242
  Transfer to Europe
    Sense of Congress..............  PL 101-510 Sec 357....      1163
  Transfer to Saudi Arabia.........  PL 100-456 Sec 1306...      1241
Military exercises
  Developing countries
    Expenses paid by the United      10 USC 2010...........       628
     States.
Military procurement, U.S.
  Cuban or Soviet Union produced
   nickel
    Products containing............  PL 98-525 Sec 1544....      1324
  Imported materials
    Impact on U.S. industrial base.  PL 98-525 Sec 1522....      1320
Military sales
  (see Arms sales)
Military training
  Special operations forces
    Expenses paid by the United      10 USC 2011...........       629
     States.
Military, foreign
  Noncombat achievements or
   performance
    Awards and mementos to           10 USC 1051b..........       626
     recognize.
Military, U.S.
  (see also Mutual defense)
  Army industrial facilities
    Sales outside Department of      10 USC 4543...........       686
     Defense.
  Ballistic missile defense
    Report to Congress.............  PL 99-145 Sec 226.....      1289
  Bottom-Up Review
    Korean peninsula...............  PL 103-337 Sec 1323...      1041
  Combat duty in Nicaragua
    Sense of Congress..............  PL 99-145 Sec 1451....      1304
  Cooperating with U.S. civilian     10 USC 380............       616
   law enforcement officials.
  Culebra training operations......  PL 93-365 Sec 704.....      1339
  Defense build down
    Findings of Congress...........  PL 102-484 Sec 4101...      1130
  Defense capability assessment
    Report to Congress.............  10 USC 113(i).........       597
  End strength levels..............  10 USC 691............       625
  End strengths, FY 2000...........  PL 106-65 Sec 401.....       883
  End strengths, FY 2001...........  PL 106-398 Sec 401....       858
  End strengths, FY 2002...........  PL 107-107 Sec 401....       848
  End strengths, FY 2003...........  PL 107-314 Sec 401....       808
  End strengths, FY 2004...........  PL 108-136 Sec 401....       786
  End strengths, FY 2005...........  PL 108-375 Sec 401....       747
   End strengths, FY 2006..........  PL 109-163 Sec 401....       692
   End strengths, FY 2007 through    PL 109-163 Sec 403....       692
   FY 2009.
    Additional authority...........  PL 108-375 Sec 403....       748
  Humanitarian assistance..........  10 USC 401............       618
  Intelligence information
    Civilian use of................  10 USC 371............       611
  Lebanon force....................  PL 98-43 Sec 4........       317
  Mobility of
    Report to Congress.............  PL 101-510 Sec 909....      1166
  National strategy
    Presidential presentation to     PL 101-510 Sec 1469...      1181
     Congress.
    Report to Congress.............  PL 101-510 Sec 901....      1165
Military, U.S.--Continued
  Number of members on active duty.  10 USC 691............       625
  Operations
    Designated by Secretary of       10 USC 127a...........       601
     Defense.
    Funds not provided for in        10 USC 127a...........       601
     advance.
    Relationship to War Powers       10 USC 127a(h)........       603
     Resolution.
    Requests for supplemental        10 USC 127a(f)........       603
     appropriations.
  Outer space
    Control capabilities...........  PL 100-456 Sec 243....      1229
  Peace operations
    Adequate troop protection        PL 105-85 Sec 1052....       960
     equipment.
  Persian Gulf forces
    Commendation of................  PL 100-180 Sec 1401...      1271
  Personnel
    International exchange           PL 104-201 Sec 1082...       996
     agreements.
  Ready Reserve
    Sense of Congress..............  PL 101-510 Sec 1432...      1175
  Report to Congress...............  PL 93-365 Sec 302.....      1338
  Reserve components
    Armored forces.................  PL 101-510 Sec 1434...      1175
  Retired members
    Serving with newly democratic    10 USC 1060...........       627
     nations.
                                     PL 103-160 Sec 1433...      1068
  Roles and missions
    Report to Congress.............  PL 102-484 Sec 901....      1086
  Special operations forces........  PL 99-145 Sec 1453....      1305
  Stationed abroad
    Andean countries...............  PL 101-623 Sec 8......       384
    Civilian personnel reduction in  PL 101-189 Sec 314....      1197
     Europe.
    Closing installations..........  PL 101-510 Sec 2921...      1187
    Conventional force reductions..  PL 101-189 Sec 901....      1200
    Costs incurred.................  10 USC 113(j).........       598
    Crotone, Italy.................  PL 102-190 Sec 2851...      1156
                                     PL 101-510 Sec 1456...      1179
    End strength in Europe.........  PL 103-337 Sec 1303...      1031
    Environmental cleanup..........  PL 105-261 Sec 321....       922
    Environmental compliance.......  PL 101-510 Sec 342....      1162
    Environmental restoration        PL 102-484 Sec 324....      1085
     activities.
    Europe.........................  PL 100-180 Sec 1002...      1263
                                     PL 93-365 Sec 302.....      1338
    Europe limitation..............  PL 98-94 Sec 1103.....      1327
    Findings of Congress...........  PL 105-85 Sec 1043....       957
    Force level reductions.........  PL 103-160 Sec 1401(c)      1060
    Force structure in the Pacific.  PL 107-314 Sec 1211...       818
    Funding limitation.............  PL 103-337 Sec 1311...      1034
    Limitation on..................  10 USC 123b...........       600
    Limitation on foreign national   PL 102-190 Sec 1054...      1146
     employees.
    Redeployment in Europe.........  PL 108-136 Sec 1233...       800
    Relocating functions...........  PL 101-189 Sec 921....      1210
    Report to Congress.............  PL 105-85 Sec 1221(d).       972
                                     PL 105-85 Sec 1043(c).       958
                                     PL 104-201 Sec 1084(d)       999
                                     PL 102-484 Sec 1304...      1092
    Salaries of foreign national     PL 101-510 Sec 1456...      1179
     employees.
    Sense of Congress..............  PL 106-65 Sec 1235....       913
    Severance pay to foreign         PL 101-189 Sec 311....      1197
     nationals.
  Training U.S. civilian law         10 USC 374............       612
   enforcement officials.
    Participation restrictions.....  10 USC 375............       614
Military, U.S.--Continued
  United Nations Rapidly Deployable
   Mission Headquarters
    Assignment limitation..........  PL 105-261 Sec 1231...       939
Missile Technology Control Regime
  Arms export controls.............  PL 101-510 Sec 1701...      1183
Missiles
  (see Military equipment, foreign)
  (see Military equipment, U.S.)
Missing-in-action (MIAs)
  (see Indochina War)
  (see MIAs)
Mongolia-U.S. relations
  Excess defense articles
    Military aid...................  PL 106-280 Sec 707....       460
Montenegro-U.S. relations
  Foreign aid prohibition..........  PL 103-160 Sec 1511...      1073
Multilateral development banks
 (MDBs)
  Activities
    Support for East European        PL 101-179 Sec 2(c)...       123
     Democracy (SEED) Program.
Multilateral Investment Guarantee
 Agency
  Former Soviet Union
    Report to Congress.............  PL 102-511 Sec 1009...       105
Multilateral organizations
  (see International organizations)
Muskie Fellowships
  Soviet Union-Eastern Europe
    Law and business training        PL 102-138 Sec 227(f).       114
     scholarships.
Mutual defense
  Security arrangements
    Report to Congress.............  PL 101-510 Sec 1457...      1179
Mutual defense treaties
  Cost-sharing agreements..........  PL 102-190 Sec 1046...      1143
Mutual Educational and Cultural
 Exchange Act of 1961
  (see also Educational and
   cultural exchange)
  Implementing
    Appropriations authorization...  PL 102-138 Sec 221....       110
Mutual Security Act of 1954........  PL 83-665.............       482
Mutual Security Act of 1959........  PL 86-108.............       481
 
 
                                    N
 
Narcotics
  (see Drug control)
National Advisory Commission on
 Agricultural Export Transport
 Policy
  Duties...........................  49 Stat 1985 Sec 901h.       550
  Establishing.....................  49 Stat 1985 Sec 901g.       550
National Advisory Council on
 International Monetary and
 Financial Policies
  Report to Congress...............  PL 99-570 Sec 2018(c).       403
National Agricultural Research,      PL 95-113 Sec 1401....      1545
 Extension, and Teaching Policy Act
 of 1977.
                                     PL 95-113 Title XIV...      1545
National and Community Service Act   PL 101-610 Note.......      1611
 of 1990.
                                     PL 101-610............      1611
National and Community Service,
 Corporation for
  Authority to provide assistance..  PL 101-610 Sec 121....      1612
  Directors........................  PL 101-610 Sec 191....      1616
  Established......................  PL 101-610 Sec 191....      1616
  Peace Corps training assistance..  PL 101-610 Sec 198(h).      1617
National and Community Service,
 Corporation for--Continued
  VISTA training...................  PL 101-610 Sec 198(h).      1617
National Commission on Agricultural  PL 97-98 Sec 1219.....      1553
 Trade and Export Policy.
National Commission on Defense and
 National Security
  Establishment of.................  PL 101-511 Sec 8104...      1222
  Report to Congress...............  PL 101-511 Sec 8104...      1222
National Commission on the Use of    PL 106-113 Sec 1247...       469
 Offsets in Defense Trade.
  Report to Congress...............  PL 106-113 Sec 1247(d)       470
National Contingency Operation
  Personnel Fund...................  10 USC 127a(a)(3).....       601
    Appropriations authorization,    PL 103-160 Sec 1108...      1054
     FY 1994.
National defense
  Appropriations authorization,
   1996
    Reductions of..................  PL 104-106 Sec 1008...      1009
  Military strategy
    Presidential presentation to     PL 101-510 Sec 1469...      1181
     Congress.
    Report to Congress.............  PL 101-510 Sec 901....      1165
National Defense Authorization Act   PL 101-510............      1160
 for Fiscal Year 1991.
National Defense Authorization Act   PL 102-484............      1082
 for Fiscal Year 1993.
National Defense Authorization Act   PL 103-160............      1051
 for Fiscal Year 1994.
National Defense Authorization Act   PL 103-337............      1023
 for Fiscal Year 1995.
National Defense Authorization Act   PL 104-106............      1006
 for Fiscal Year 1996.
                                     PL 103-337 Note.......      1024
National Defense Authorization Act   PL 104-201............       986
 for Fiscal Year 1997.
National Defense Authorization Act   PL 105-85.............       949
 for Fiscal Year 1998.
National Defense Authorization Act   PL 106-65 Sec 1.......       881
 for Fiscal Year 2000.
National Defense Authorization Act   PL 107-107............       847
 for Fiscal Year 2002.
National Defense Authorization Act   PL 107-314 Sec 1......       807
 for Fiscal Year 2003.
National Defense Authorization Act   PL 108-136 Sec 1......       784
 for Fiscal Year 2004.
National Defense Authorization Act   PL 108-375............       746
 for Fiscal Year 2005.
National Defense Authorization Act   PL 109-163............       691
 for Fiscal Year 2006.
National Defense Authorization Act   PL 100-180............      1250
 for Fiscal Years 1988 and 1989.
National Defense Authorization Act   PL 101-189............      1195
 for Fiscal Years 1990 and 1991.
National Defense Authorization Act   PL 102-190............      1133
 for Fiscal Years 1992 and 1993.
National Defense Authorization Act,  PL 100-456............      1228
 Fiscal Year 1989.
National Drug Control Program......  EO 12880..............       406
National Drug Intelligence Center
  Appropriations...................  PL 103-139 Sec 8056...      1081
National Drug Operations Center
  Feasibility study
    Report to Congress.............  PL 101-189 Sec 1213...      1214
National emergency
  Chemical or biological weapons
    Secretary of Defense...........  10 USC 382............       616
National emergency--Continued
  Chemical, biological,
   radiological, or nuclear attack
    U.S. preparedness..............  PL 104-106 Sec 379....      1007
  End strength limitation
    Suspension of..................  10 USC 123a...........       599
National Foreign Intelligence
 Program
  Appropriations authorization, FY
   2002
    Maximum amount.................  PL 107-107 Sec 1006...       850
National Narcotics Border
 Interdiction System
  Sense of Congress................  PL 101-189 Sec 1214...      1216
National security
  Agricultural commodity exports
    Suspension of..................  PL 95-501 Sec 417.....      1525
  Assistance strategy for the        PL 106-280 Sec 501....       451
   United States.
  Cuban threat to
    Assessment of..................  PL 105-85 Sec 1228....       980
  Department of Energy programs
    Appropriations authorization,    PL 102-25 Sec 801.....        44
     FY 1991.
  Export controls
    Report to Congress.............  PL 104-106 Sec 1322(c)      1013
    Sense of Congress..............  PL 104-106 Sec 1322...      1012
  Export licenses
    Biological pathogens...........  PL 104-106 Sec 1323...      1015
  Findings of Congress.............  PL 102-484 Sec 4101...      1130
National Security Assistance
 Strategy
  Annual report to Congress........  PL 106-280 Sec 501....       451
National service programs
  Alaska
    Yukon-Kuskokwim Delta..........  PL 101-610 Sec 198D...      1617
  Grant eligibility................  PL 101-610 Sec 122....      1612
  Participant recruitment and        PL 101-610 Sec 138....      1615
   placement.
  Urban Youth Corps................  PL 101-610 Sec 122....      1612
National Service Trust Program.....  PL 101-610............      1611
National Voluntary Action Program..  EO 12137 Sec 1-5......      1621
Nationality
  (see Refugees)
NATO
  Acquisition and cross-servicing    10 USC 2341...........       641
   agreements.
    Applicable law.................  10 USC 2343...........       643
  Acquisition and cross-servicing
   agreements with the United
   States
    Definitions....................  10 USC 2350...........       648
  Acquisitions and transfers
    Methods of payment.............  10 USC 2344...........       643
  Alliance
    Enlargement of.................  PL 107-187 Sec 2......       442
  Appropriations
    Expiration of..................  PL 101-510 Sec 2701...      1185
  Appropriations authorization.....  PL 101-510 Sec 2502...      1184
  Armaments cooperation with member
   countries
    Report to Congress.............  PL 98-525 Sec 1006....      1317
  Autonomy of action
    Sense of Congress..............  PL 103-337 Sec 1302(b)      1031
  AWACS program
    Authority of Secretary of        10 USC 2350e..........       658
     Defense.
  Burden sharing
    Report to Congress.............  PL 106-398 Sec 1221(b)       867
  Civil budget
  Common-funded budgets
    U.S. contribution to...........  PL 107-314 Sec 1003...       808
    U.S. contribution to, FY 2000..  PL 106-65 Sec 1005....       886
    U.S. contribution to, FY 2001..  PL 106-398 Sec 1004...       859
NATO--Continued
  Common-funded budgets--Continued
    U.S. contribution to, FY 2002..  PL 107-107 Sec 1004...       849
    U.S. contribution to, FY 2005..  PL 108-375 Sec 1002...       750
    U.S. contribution to, FY 2006..  PL 109-163 Sec 1005...       695
  Contributions by allies
    Report to Congress.............  PL 98-525 Sec 1003....      1315
                                     PL 98-94 Sec 1102.....      1325
  Conventional forces
    Improvement of.................  PL 98-525 Sec 1002....      1313
                                     PL 98-94 Sec 1104.....      1328
  Cooperative logistic support       10 USC 2350d..........       656
   agreements.
  Cooperative programs.............  PL 98-94 Sec 1101.....      1325
    Appropriations authorization,    PL 98-525 Sec 105.....      1306
     FY 1985.
    Appropriations authorization,    PL 99-145 Sec 106.....      1287
     FY 1986.
    Limitation on obligations......  PL 99-145 Sec 106.....      1287
                                     PL 98-525 Sec 105.....      1306
  Cooperative research and
   development projects
    Allied countries...............  10 USC 2350a..........       649
  Cross-servicing agreements with    10 USC 2342...........       642
   the United States.
  Defense Capabilities Initiative
    Report to Congress.............  PL 106-65 Sec 1039....       896
  Defense industrial cooperation...  PL 97-252 Sec 1122....      1334
  Deterrence requirements
    Report to Congress.............  PL 100-180 Sec 1001...      1261
  Enlargement of
    Report to Congress.............  PL 105-85 Sec 1223....       973
                                     PL 104-201 Sec 1048...       993
    Sense of Congress..............  PL 105-85 Sec 1223....       973
                                     PL 105-85 Sec 1224....       975
  European air defense agreements
    Authority of Secretary of        PL 98-525 Sec 1007....      1318
     Defense.
  Findings of Congress.............  PL 103-337 Sec 1302(a)      1031
  Force reductions
    Implications of................  PL 101-189 Sec 902....      1201
  Future of
    Study by North Atlantic          PL 100-180 Sec 1003...      1263
     Assembly.
  Increased defense spending by      PL 98-525 Sec 1001....      1313
   allies.
  Infrastructure
    Appropriations authorization...  PL 102-484 Sec 1301...      1089
                                     PL 102-190 Sec 2502...      1156
    U.S. contributions to..........  PL 103-160 Sec 1401(b)      1059
                                     PL 102-484 Sec 1301...      1089
                                     PL 102-190 Sec 2501...      1156
                                     PL 101-510 Sec 2501...      1184
  Installation costs
    Allied sharing.................  PL 103-337 Sec 1304...      1032
  Member country mission
   assignments
    Report to Congress.............  PL 100-463 Sec 8125...      1246
  Member nations
    Reduction of forces............  PL 101-189 Sec 912....      1203
  Military equipment
    Standardization agreements.....  10 USC 2457...........       668
  Military infrastructure
    Recovering U.S. investment in..  PL 103-337 Sec 1305(b)      1033
  New members
    Warsaw Initiative Funds          PL 108-375 Sec 1224...       771
     availability.
  North Atlantic Treaty
    Report to Congress.............  PL 103-160 Sec 1411(c)      1063
    Review of......................  PL 102-484 Sec 1314...      1093
  North Atlantic Treaty of 1949
    Report to Congress.............  PL 102-484 Sec 1314(b)      1094
NATO--Continued
  Nuclear posture
    Report to Congress.............  PL 98-94 Sec 1105.....      1329
  Nuclear weapons
    Modernization..................  PL 100-456 Sec 1004...      1234
  Partnership for Peace Program
   countries
    Payment of participants travel   PL 107-314 Sec 1202...       813
     expenses.
  Prague Capabilities Commitment...  PL 108-136 Sec 1231...       797
    Report to Congress.............  PL 108-136 Sec 1231(b)       798
  Report to Congress...............  PL 98-94 Sec 1101.....      1325
  Response Task Force
    Findings of Congress...........  PL 108-136 Sec 1231...       797
  Roles and missions support
    Contributions to U.S. incurred   PL 103-337 Sec 1313...      1035
     costs.
  SEASPARROW Cooperative Program...  PL 98-525 Sec 1004....      1317
  U.S. commitment
    Force requirements.............  PL 101-189 Sec 901....      1201
  U.S. credits and liabilities
    Limitation on..................  10 USC 2347...........       645
    Liquidation of.................  10 USC 2345...........       645
  U.S. forces
    Certification and consideration  PL 101-510 Sec 2802...      1186
    Future agenda..................  PL 101-510 Sec 2802...      1186
    Report to Congress.............  PL 101-189 Sec 912....      1203
    Sense of Congress..............  PL 101-189 Sec 922....      1211
  U.S. membership in...............  PL 83-665 Sec 408.....       482
  U.S. military in
    Findings of Congress...........  PL 103-160 Sec 1411(a)      1062
    Sense of Congress..............  PL 103-160 Sec 1411(b)      1063
                                     PL 102-484 Sec              1090
                                      1301(a)(2).
                                     PL 102-190 Sec 1041...      1139
  U.S. military in Europe
    Combat-to-support ratio........  PL 98-94 Sec 1106.....      1330
    Limitation on..................  PL 98-94 Sec 1103.....      1327
  U.S. receipts
    Credited at option of Secretary  10 USC 2346...........       645
     of Defense.
  U.S. support of forces in Europe
    Sense of Congress..............  PL 100-180 Sec 1002...      1263
  Using U.S. military installations
    Study on.......................  PL 101-510 Sec 2503...      1185
  Withdrawal of U.S. forces from
   Kosovo
    Benchmarks for conditions for..  PL 106-398 Sec 1212...       865
NATO Enlargement Facilitation Act
 of 1996
  Findings of Congress.............  PL 107-187 Sec 2......       442
NATO Participation Act of 1994
  Countries eligible for assistance
    Assistance authorization.......  PL 107-187 Sec 5......       444
  Findings of Congress.............  PL 107-187 Sec 2......       442
  Slovakia
    Assistance eligibility.........  PL 107-187 Sec 4......       444
NATO-U.S. relations
  Common funded budget
    U.S. contribution to...........  PL 105-261 Sec 1006...       927
  Expansion of
    Military capabilities..........  PL 105-261 Sec 1222...       937
    U.S. share of costs............  PL 105-261 Sec 1221...       937
  Findings of Congress.............  PL 107-187 Sec 2......       442
NATO, Strategic Concept of
  Legal impact on the United States
    Report to Congress.............  PL 106-65 Sec 1221....       909
Natural Resources Risk Remediation
 Fund
  Supplemental appropriations, 2003  PL 108-11 Title I.....         8
Naval vessels
  LST 325
    Authorization for towing         PL 106-570 Sec 502....       491
     assistance.
Naval vessels, U.S.
  Aggregate not included value of    PL 106-280 Sec 602....       457
   excess defense articles.
  Coast Guard
    Drug-interdiction assistance...  PL 99-145 Sec 1421....      1300
  Defense Vessels Transfer Program   PL 106-280 Sec 605....       458
   Account.
  Disposal of
    Certification required.........  10 USC 7308...........       690
  Drug-interdiction areas
    Assigning Coast Guard personnel  PL 99-145 Sec 1421....      1300
  Larger or newer
    Lease to foreign countries.....  10 USC 7307...........      1345
  Lease to foreign countries.......  10 USC 7307(b)........      1345
  Transfer of
    Requirements for...............  PL 106-280 Sec 604....       457
    Sense of Congress..............  PL 106-280 Sec 607....       458
  Transfer to Bahrain..............  PL 104-106 Sec 1012...      1010
  Transfer to Brazil...............  PL 106-280 Sec 601(a).       457
                                     PL 105-85 Sec 1025....       952
  Transfer to Chile................  PL 106-280 Sec 601(b).       457
  Transfer to Egypt................  PL 105-85 Sec 1025....       952
                                     PL 104-106 Sec 1012...      1010
  Transfer to Greece...............  PL 106-280 Sec 601(c).       457
  Transfer to Israel...............  PL 105-85 Sec 1025....       952
  Transfer to Malaysia.............  PL 105-85 Sec 1025....       952
  Transfer to Mexico...............  PL 105-85 Sec 1025....       952
  Transfer to Oman.................  PL 104-106 Sec 1012...      1010
  Transfer to Taipei Economic and    PL 105-85 Sec 1025....       952
   Cultural Representative Office.
  Transfer to Thailand.............  PL 105-85 Sec 1025....       952
  Transfer to Turkey...............  PL 106-280 Sec 601(d).       457
  Transfer to United Arab Emirates.  PL 104-106 Sec 1012...      1010
  Transfers to foreign countries
    Authorization..................  PL 108-375 Sec 1013...       751
                                     PL 107-107 Sec 1011...       851
                                     PL 106-398 Sec 1013...       860
                                     PL 106-65 Sec 1017-          888
                                      1018.
                                     PL 105-261 Sec 1235...       939
Nicaragua-U.S. relations
  Use of U.S. Armed Forces
    Sense of Congress..............  PL 100-456 Sec 1304...      1241
                                     PL 100-180 Sec 1405...      1274
                                     PL 99-145 Sec 1451....      1304
Nicaraguan Democratic Resistance
  Additional assistance............  PL 100-276 Sec 3......       285
  Limitation on source of funds for  PL 99-661 Sec 1351....      1281
  Yatama Indians
    Appropriations, 1989...........  PL 100-276 Sec 3(g)...       287
Nicholson, Arthur D., Jr.
  Murder of
    Sense of Congress..............  PL 99-661 Sec 1368....      1282
Non-NATO
  Cross-servicing agreements with
   the United States
    Report to Congress.............  10 USC 2349a..........       648
Nonproliferation
  Ballistic missiles
    Sense of Congress..............  PL 108-375 Sec 1212...       769
  Initiatives for Proliferation
   Prevention
    Funding authorization..........  PL 105-261 Sec 3133(a)       944
  Initiatives for Proliferation
   Prevention program
    Funding limitation.............  PL 107-314 Sec 4302...       834
  International activities
    Support for....................  PL 102-511 Sec 509....        93
  Nuclear Cities Initiative
    Funding authorization..........  PL 105-261 Sec 3133(b)       945
Nonproliferation--Continued
  Nuclear Cities Initiative--
   Continued
    Funding requirements...........  PL 107-314 Sec 4302(b)       836
Nonproliferation and export control
 training in the United States
  Appropriations authorization.....  PL 106-280 Sec 302....       450
Nonproliferation Assistance          PL 107-228 Sec 1331...       429
 Coordination Act of 2002.
Nonproliferation of nuclear weapons
  (see Nuclear weapons,
   nonproliferation activities)
North Atlantic Treaty
  Review of
    Sense of Congress..............  PL 102-484 Sec 1314...      1093
North Atlantic Treaty Organization
  (see NATO)
North Korea-U.S. relations
  Ballistic missile threat
    Report to Congress.............  PL 106-398 Sec 232....       856
North Vietnam-U.S. relations
  (see Indochina War)
  (see Vietnam-U.S. relations)
Northern Ireland and Ireland
  Promoting reconciliation.........  PL 99-415.............       355
Nuclear Cities Initiative
  Commercial programs proposals
    Economic effects evaluation....  PL 107-314 Sec 4302(b)       836
  Department of Energy
    Expanding activities under.....  PL 107-314 Sec 4304...       838
    Funding authorization..........  PL 107-314 Sec 4304(b)       838
  Funding authorization............  PL 105-261 Sec 3133(b)       945
  Funding requirements.............  PL 107-314 Sec 4302(b)       836
  Secretary of Energy
    Funding limitation.............  PL 107-314 Sec 4304(d)       839
                                     PL 107-314 Sec 4304(e)       839
Nuclear facilities
  Eastern Europe
    Safety of......................  PL 102-484 Sec 3202...      1129
  Former Soviet Union
    Safety of......................  PL 102-484 Sec 3202...      1129
  Former Soviet Union and Eastern
   Europe
    U.S. policy on.................  PL 102-484 Sec 3202(b)      1129
Nuclear materials
  Disposal of
    Former Soviet Union............  PL 102-511 Sec 510....        95
  Russian Federation
    Accelerated return to..........  PL 107-314 Sec 3160...       828
  Security of
    International program to         PL 107-314 Sec 3158...       827
     strengthen.
    Sense of Congress..............  PL 107-314 Sec 3161...       828
  Vulnerable worldwide sites
    Sense of Congress..............  PL 108-375 Sec 3132...       775
Nuclear materials protection and
 cooperation program funds
  On-site managers.................  PL 108-136 Sec 3125...       803
  Use outside former Soviet Union..  PL 108-136 Sec 3124...       802
Nuclear Materials Protection,
 Control, and Accounting Program
  Funding limitation...............  PL 107-314 Sec 4303(c)       838
  Report to Congress...............  PL 107-314 Sec 4303...       837
  Russian access policy............  PL 107-314 Sec               838
                                      4303(c)(2).
Nuclear Nonproliferation
 Fellowships
  Program established..............  PL 108-375 Sec 3134...       778
Nuclear nonproliferation sciences
    Fellowships in.................  PL 108-375 Sec 3134...       778
  South Asia
    U.S. policy on.................  PL 107-228 Sec 1601...       436
Nuclear nonproliferation sciences--
 Continued
  U.S. objectives in South Asia
    Report to Congress.............  PL 107-228 Sec 1601...       436
Nuclear power
  Cuba
    Juragua power plant............  PL 104-114 Sec 111....       241
Nuclear Security Initiative Act of   PL 108-136 Sec 3601...       804
 2003.
Nuclear Security, Administrator of
  Cooperative threat reduction
    Program transfer...............  PL 107-314 Sec 3151...       821
    Research and development         PL 107-314 Sec 3155...       825
     program.
  Nuclear Nonproliferation           PL 108-375 Sec 3134...       778
   Fellowships.
  Russia plutonium production
    Program transfer...............  PL 107-314 Sec 3151...       821
Nuclear Test Ban Readiness Program
  Findings of Congress.............  PL 107-314 Sec 4207...       829
  U.S. nuclear weapons stockpile
    Program supporting.............  PL 107-314 Sec 4207(b)       830
Nuclear test readiness postures
  Report to Congress...............  PL 107-314 Sec 4208...       831
Nuclear weapons
  Atmospheric testing
    Funding prohibition............  PL 107-314 Sec 4210...       833
  Commission on Maintaining United
   States Nuclear Weapons Expertise
    Established....................  PL 104-201 Sec 3162...      1001
    Modification of................  PL 105-85 Sec 3163....       985
  Departments of Defense and Energy
    Nonproliferation activities....  PL 102-484 Sec 1503...      1110
  Dismantlement of
    Report to Congress.............  PL 102-484 Sec 3151...      1127
                                     PL 101-510 Sec 3151...      1191
    Verification...................  PL 101-510 Sec 3152...      1193
  Disposal of
    Appropriations authorization...  PL 102-190 Sec 3141...      1157
  Helsinki Joint Statement
    Report to Congress.............  PL 105-85 Sec 1229....       981
  Illegal importation prevention
    Presidential certification.....  PL 104-201 Sec 229....       987
  Improved control over use
    Report.........................  PL 97-252 Sec 1123....      1335
  International Nonproliferation
   Initiative
    Assistance authorization.......  PL 102-484 Sec 1505...      1111
  Middle East
    Nonproliferation...............  PL 96-35 Sec 10.......       321
  MX missile warhead
    Funding restriction............  PL 99-145 Sec 1426....      1303
  National security requirements
    Report to Congress.............  PL 102-190 Sec 3142...      1158
  New or modified
    Funding request requirements...  PL 107-314 Sec 4209...       832
  Nonproliferation activities......  PL 102-484 Sec 1503-        1110
                                      1505.
    Support for....................  PL 106-398 Sec 1201...       864
   Nonstrategic
     Report to Congress............  PL 109-163 Sec 1212...       704
  Program restrictions.............  PL 99-145 Sec 1426....      1303
  Programs with the PRC
    Funding prohibition............  PL 104-201 Sec 3137...      1000
  Reliability and safety
    Sense of Congress..............  PL 104-201 Sec 3163...      1003
  Russian Federation
    Reductions of..................  PL 102-484 Sec 1321...      1094
  Standard Missile (SM-2(N))
    Funding restriction............  PL 99-145 Sec 1426....      1303
  Strategic nuclear warheads
   dismantling
    Reports to Congress............  PL 108-136 Sec 1033...       790
Nuclear weapons--Continued
  Tactical use of
    Europe.........................  PL 93-365 Sec 302.....      1338
  Technology transfer
    Report to Congress.............  PL 102-190 Sec 1097...      1153
  Test ban readiness program
    Appropriations authorization...  PL 102-190 Sec 3140...      1157
  Test monitoring equipment
    Furnished to foreign             10 USC 2565...........       680
     governments.
  Testing
    Limitations on.................  PL 102-190 Sec 3140...      1157
  Underground testing
    Limitations on.................  PL 107-314 Sec 4210...       833
Nuclear weapons, nonproliferation
 activities
  Test ban treaty
    Sense of Congress..............  PL 101-510 Sec 3142...      1191
Nuclear winter
  Report to Congress...............  PL 99-661 Sec 1371....      1282
Nuclear, biological, and chemical
 weapons
  Report to Congress
    Technology transfer............  PL 102-190 Sec 1097...      1153
 
 
                                    O
 
Offset policy
  Arms sales
    Technology transfer conditions.  10 USC 2532...........       673
  Military equipment purchases
    Technology transfer              PL 100-456 Sec 825....      1231
     requirements.
  Technology transfer
    U.S. policy on.................  PL 100-456 Sec 825....      1231
    U.S. restrictions on...........  10 USC 2532...........       673
Oil
  Angola produced
    U.S. purchase restrictions.....  PL 99-661 Sec 316.....      1279
  Persian Gulf
    Disruption plans...............  PL 100-180 Sec 1222...      1267
  United Nations Oil-for-Food
   Program
    Access to Iraqi documents on...  PL 108-375 Sec 1207...       767
Operation Allied Force
  Conduct of military operations
    Report to Congress.............  PL 106-65 Sec 1211....       905
  Costs to United States
    Report to Congress.............  PL 106-398 Sec 1221(a)       867
Operation Desert Storm
  (see also Persian Gulf conflict)
  Costs of
    Report to Congress.............  PL 102-25 Sec 401.....        36
  Costs offset by foreign country
   contributions
    Report to Congress.............  PL 102-25 Sec 401.....        36
  Supplemental authorizations
    Extension of...................  PL 102-190 Sec 1201...      1155
Operation Enduring Freedom
  Emergency appropriations
    Authorization for..............  PL 108-375 Sec 1501...       773
  Military operations conducted
   under
    Report to Congress.............  PL 107-314 Sec 1043...       809
   Procurement and equipment
   maintenance costs
     Report to Congress............  PL 109-163 Sec 1221...       705
  War on terrorism
    Appropriations authorization...  PL 107-314 Sec 1503-         819
                                      1506.
Operation Enhanced Southern Watch
  Appropriations authorization, FY   PL 104-106 Sec 1005...      1009
   1996.
  Report to Congress...............  PL 104-201 Sec 1041...       991
Operation Iraqi Freedom
  Conduct of
    Report to Congress.............  PL 108-136 Sec 1202...       792
  Emergency appropriations
    Authorization for..............  PL 108-375 Sec 1501...       773
  Injured Iraqi children
    Medical assistance for.........  PL 108-136 Sec 1201...       792
  Post-major combat operations
    Report to Congress.............  PL 108-375 Sec 1042...       754
   Procurement and equipment
   maintenance costs
     Report to Congress............  PL 109-163 Sec 1221...       705
Operation Noble Eagle
   Procurement and equipment
   maintenance costs
     Report to Congress............  PL 109-163 Sec 1221...       705
  War on terrorism
    Appropriations authorization...  PL 107-314 Sec 1503-         819
                                      1506.
Operation Provide Comfort
  Appropriations authorization, FY   PL 104-106 Sec 1004...      1008
   1996.
  Report to Congress...............  PL 104-201 Sec 1041...       991
Organization for Economic
 Cooperation and Development (OECD)
  Nuclear security
    Dialogue with the IAEA.........  PL 108-136 Sec 3631...       806
Organization for the Prohibition of  PL 107-228 Sec 1605...       438
 Chemical Weapons (OPCW)
Organization of African Unity
  Conflict resolution
    Improving capabilities.........  PL 103-381 Sec 3......       192
Organization of American States
  Inter-American Convention Against  PL 106-309 Sec 202....       501
   Corruption.
  Sanctions
    U.S. foreign aid...............  PL 86-735 Sec 2.......       291
Outer space
  Independent states of the former
   Soviet Union
    Discussions with...............  PL 102-511 Sec 601....        97
  Space Defense System
    Testing moratorium on..........  PL 100-180 Sec 208....      1250
Overseas Contingencies Program
  Department of Defense
    Appropriations authorization,    PL 108-136 Sec 301(20)       785
     FY 2004.
Overseas Contingency Operations
 Transfer Fund
  Appropriations authorization, FY   PL 105-85 Sec 301.....       950
   1998.
  Appropriations authorization, FY   PL 106-65 Sec 301(24).       882
   2000.
  Appropriations authorization, FY   PL 108-375 Sec 301(20)       747
   2005.
  Appropriations authorization, FY   PL 109-163 Sec 301(20)       692
   2006.
Overseas Military Facility
 Investment Recovery Account,
 Department of Defense
  Established......................  PL 101-510 Sec 2921(c)      1187
  Oversight of.....................  PL 101-510 Sec 2921(g)      1190
Overseas Operations Transfer Fund
  Appropriations authorization, FY   PL 107-107 Sec               848
   2002.                              301(a)(24).
Overseas Private Investment
 Corporation
  Delegation of authority to.......  44 FR 57521 Sec 1-6...       577
  Established......................  EO 11579..............       582
  Former Soviet Union programs
    Additional funding.............  PL 102-511 Sec 308....        84
  Investment Advisory Council
    Report to Congress.............  PL 106-200 Sec               177
                                      123(c)(2).
  Sub-Saharan Africa
    Equity funds...................  PL 106-200 Sec 123....       176
    Investment Advisory Council....  PL 106-200 Sec 123(c).       176
Overseas Workload Program
  Contract bidding
    Firms eligible.................  10 USC 2349...........       647
  Report to Congress...............  PL 100-180 Sec 1021...      1265
 
 
                                    P
 
Pacific Rim-U.S. relations
  Foreign critical technology
    Monitoring and assessment        10 USC 2518...........       671
     program.
  Regional security
    Findings of Congress...........  PL 102-190 Sec 1043...      1140
Pakistan--Exemption and Waiver of    PL 107-57.............       345
 Foreign Assistance Prohibitions.
Pakistan-U.S. relations
  Export Administration Act
   sanctions
    Waiver authority...............  PL 107-57 Sec 2.......       346
  Foreign aid
    Assistance waivers.............  PL 107-57 Sec 1.......       345
                                     PL 107-57 Sec 3.......       346
  Logistical support in Iraq
    Reimbursement for..............  PL 108-11 Sec 1310....        11
                                     PL 109-13 Title I.....       738
  Missile Technology Control Regime
   sanctions
    Waiver authority...............  PL 107-57 Sec 2.......       346
  Sanctions
    Waiver of......................  PL 106-79 Sec 9001....       348
Palestine Authority
  Commitments to Israel
    Findings of Congress...........  PL 107-228 Sec 602....       293
    Sanctions......................  PL 107-228 Sec 604....       294
Palestine Liberation Organization-
 U.S. relations
  Commitments to Israel
    Findings of Congress...........  PL 107-228 Sec 602....       293
    Presidential determination.....  PL 107-228 Sec 604....       294
    Sanctions......................  PL 107-228 Sec 604....       294
  Consultation with Congress.......  PL 103-125 Sec 3(b)(1)       308
  Continued PLO compliance.........  PL 103-125 Sec 3(b)(3)       309
  Peace process
    Consultation with Congress.....  PL 104-107 Sec               298
                                      604(b)(1).
                                     PL 103-236 Sec               305
                                      583(b)(1).
    Findings of Congress...........  PL 103-125 Sec 2......       308
                                     PL 103-236 Sec 582....       304
                                     PL 104-107 Sec 602....       296
    Foreign aid requirements.......  PL 104-107 Sec 604(c).       300
    PLO commitments................  PL 104-107 Sec               298
                                      604(b)(4).
                                     PL 103-236 Sec               305
                                      583(b)(4).
    PLO compliance.................  PL 104-107 Sec               298
                                      604(b)(3).
    Presidential certification.....  PL 104-107 Sec               298
                                      604(b)(2).
    Provisions eligible............  PL 103-125 Sec 3......       308
    Provisions eligible for          PL 104-107 Sec 604....       297
     suspension.
                                     PL 103-236 Sec 583....       304
    Sense of Congress..............  PL 104-107 Sec 603....       297
    Suspending provisions..........  PL 103-125 Sec 3......       308
    Suspension of certain            PL 104-107 Sec 604(d).       301
     provisions.
  PLO commitments described........  PL 103-125 Sec 3(b)(4)       309
  Presidential certification.......  PL 103-125 Sec 3(b)(2)       309
  Provisions eligible for            PL 103-125 Sec 3(d)...       309
   suspension.
  Responses to terrorism
    Report to Congress.............  PL 103-236 Sec               306
                                      583(b)(6).
Panama Canal-U.S. relations
  Realignment of military            PL 95-485 Sec 817.....      1337
   installations.
Panama-U.S. relations
  Arms sales
    Eligibility....................  PL 104-164 Sec 154....       537
Panama-U.S. relations--Continued
  General Manuel Noriega
    Sense of Congress..............  PL 100-456 Sec 1303...      1240
  Military aid
    Limitation on..................  PL 100-456 Sec 1302...      1239
  U.S. policy toward...............  PL 100-180 Sec 1403...      1272
  United States Southern Command
    Sense of Congress..............  PL 100-456 Sec 1301...      1239
Partnership for Peace
  Excess defense articles
    Transportation funds...........  PL 104-164 Sec 105....       535
Partnership for Peace Information
 System Management
  Appropriations authorization, FY   PL 105-261 Sec 1005...       927
   1999.
Partnership for Peace Program
  Countries participating in
    Payment of travel expenses.....  PL 107-314 Sec 1202...       813
Paul D. Coverdell Fellows Program    PL 106-309 Sec 408....      1601
 Act of 2000.
Paul D. Coverdell Peace Corps        PL 107-21.............      1598
 Headquarters.
                                     PL 107-21 Sec 1.......      1598
Paul D. Coverdell World Wise         PL 106-570 Sec 601....      1599
 Schools Act of 2002.
Peace Corps........................  EO 12137..............      1619
  (see also Foreign Service)
  Activities
    Report to Congress.............  PL 87-293 Sec 11......      1581
  Appointments and assignments.....  PL 87-293 Sec 7(a)....      1574
    Nonpartisan....................  PL 87-293 Sec 25......      1592
  Appropriations authorization.....  PL 87-293 Sec 3.......      1566
  Appropriations authorization, FY   PL 102-565............      1603
   1993.
  Appropriations authorizations, FY  PL 103-236 Sec 601....      1602
   1994 and 1995.
  Director of......................  PL 87-293 Sec 4.......      1568
    Transfer of functions to.......  PL 97-113 Sec 601(b)..      1595
  Director, Paul D. Coverdell
    Findings of Congress...........  PL 106-570 Sec 602....      1599
  Disabled persons
    Aid to.........................  PL 87-293 Sec 3(h)....      1554
  Employment with
    Limitation on length of........  PL 99-83 Title XI.....      1606
  Foreign currencies used..........  PL 87-293 Sec 17......      1590
  Foreign currency fluctuations....  PL 102-565 Sec 2......      1603
  Foreign governments using          PL 87-293 Sec 14......      1585
   personnel.
  Foreign nationals participating..  PL 87-293 Sec 9.......      1578
  Former volunteers
    In Civil Service...............  EO 11103..............      1624
  Functions delegated..............  PL 87-293 Sec 4.......      1568
  Funds............................  PL 87-293 Sec 15(a)...      1586
    Training expenses..............  PL 87-293 Sec 15(c)...      1587
    Utilization of.................  PL 87-293 Sec 15......      1586
  Headquarters offices.............  PL 107-21 Sec 1.......      1598
  Health care services provided
    Evaluation of..................  PL 102-565 Sec 3......      1603
  Independent from ACTION..........  PL 87-293 Sec 2A......      1566
  Interdepartmental cooperation....  EO 12137 Sec 1-602....      1622
  International organizations using  PL 87-293 Sec 14......      1585
   personnel.
  Language proficiency.............  PL 87-293 Sec 24......      1592
  National Advisory Council
    Termination of advisory bodies   PL 99-83 Title XI.....      1606
     with similar functions.
  Personnel........................  PL 87-293 Sec 5.......      1569
                                     PL 87-293 Sec 6.......      1573
                                     PL 87-293 Sec 7.......      1574
    Allowance......................  PL 87-293 Sec 5(c)....      1569
    As U.S. Government employees...  PL 87-293 Sec 5(f)-(h)      1571
Peace Corps--Continued
  Personnel--Continued
    Benefits to children...........  PL 87-293 Sec 5(m)-(n)      1573
    Career counseling in the United  PL 87-293 Sec 5(k)....      1572
     States.
    Certificate of service.........  EO 11103 Sec 3........      1624
    Compensation of................  PL 89-134 Sec 5.......      1569
                                     PL 89-134 Sec 5.......      1569
    Country representative.........  PL 87-293 Sec 7(c)....      1577
    Foreign Service Act applicable.  PL 87-293 Sec 7(a)....      1574
    Health care of.................  PL 87-293 Sec 5(e)....      1570
    In judicial or administrative    PL 87-293 Sec 5(l)....      1573
     proceedings abroad.
    Oath upon enrollment...........  PL 87-293 Sec 5(j)....      1572
    Selection......................  PL 87-293 Sec 5(a)....      1569
  Personnel system
    Implementation of..............  PL 89-134 Sec 5.......      1569
  President
    Functions reserved to..........  EO 12137 Sec 1-3......      1620
  Programs in former Soviet Union..  PL 102-565 Sec 5......      1605
  Promoting Americans'               PL 87-293 Sec 18......      1576
   understanding of other people.
  Purpose stated...................  PL 87-293 Sec 2.......      1566
  Report to Congress...............  PL 99-83 Title XI.....      1606
  Seal and name rights.............  PL 87-293 Sec 19......      1591
  Security investigation...........  PL 87-293 Sec 22......      1591
  Student loans
    Conditions for cancellation....  PL 99-498.............      1610
    Exceptions for repayment.......  PL 99-498.............      1610
  Training of volunteers...........  PL 87-293 Sec 8.......      1577
  Transfer of functions
    Report to Congress.............  PL 97-113 Sec 601(f)..      1597
  Transfer of property from ACTION.  PL 97-113 Sec 601(c)..      1595
  Universal Military Training and    PL 87-293 Sec 23......      1592
   Service Act.
Peace Corps Act....................  PL 87-293.............      1565
  Authorities and powers of          PL 87-293 Sec 10......      1579
   President.
Peace Corps Fellows/USA Program
  Redesignation as Paul D.           PL 106-309 Sec 408(c).      1601
   Coverdell Fellows Program.
Peace Corps National Advisory        PL 87-293 Sec 12......      1582
 Council.
  Report to Congress...............  PL 87-293 Sec 12(i)...      1584
Peace process support in Liberia
  Sense of Congress................  PL 102-270............       211
Peaceful Nuclear Explosions Treaty
  Verification measures
    Agreement on...................  PL 107-314 Sec 4207...       829
Peacekeeping activities
  Reports to Congress
    Bosnia and Herzegovina.........  PL 105-85 Sec 1205....       966
  Using Department of Defense funds
    Prohibition on.................  10 USC 405............       624
Persian Gulf
  Commendation of U.S. forces......  PL 100-180 Sec 1401...      1271
  Stinger missiles
    Prohibition on.................  PL 106-280 Sec 705....       459
  U.S. strategic posture in
    Report to Congress.............  PL 102-484 Sec 1331...      1097
Persian Gulf conflict
  Appropriations authorization
    Transfer authority.............  PL 102-25 Sec 103.....        34
  Conduct of
    Report to Congress.............  PL 102-25 Sec 501.....        40
  Supplemental authorization
    Relative to Public Law 101-510.  PL 102-25.............        32
Persian Gulf Conflict Supplemental   PL 102-25.............        32
 Authorization and Personnel
 Benefits Act of 1991.
Persian Gulf crisis
  Foreign country contributions
    Report to Congress.............  PL 102-25 Sec 402.....        38
Persian Gulf Regional Defense Fund
  Establishment of.................  PL 102-25 Sec 102.....        34
Peru-U.S. relations
  Drug control
    Additional eradication           PL 105-277 Sec 822....       367
     resources.
    Appropriations authorization...  PL 105-85 Sec 1033....       953
    Foreign aid....................  PL 105-277 Sec 822....       367
    Report to Congress.............  PL 105-277 Sec 822(b).       367
  U.S. military personnel
    Compensation for death and       PL 103-160 Sec 1434...      1068
     injury.
                                     PL 103-139 Sec 8099...      1081
Pesticide Monitoring Improvements    PL 100-418 Sec 4701...      1561
 Act of 1988.
Philippines-U.S. relations
  Earthquake relief assistance
   effort
    Commendation of................  PL 101-510 Sec 1472...      1182
  Economic Support Fund
    Supplemental appropriations,     PL 108-11 Ch 5........        15
     2003.
  Military aid, U.S.
    Sense of Congress..............  PL 106-280 Sec 709....       461
  Military bases in................  PL 100-456 Sec 1308...      1242
PL 480
  (see Public Law 480)
Plan Colombia
  Costs to support
    Report to Congress.............  PL 106-246 Sec 3204(e)       223
  Drug control costs
    Report to Congress.............  PL 106-246 Sec 3204(e)       223
Plutonium
  Independent states of the former
   Soviet Union
    Study and report on purchasing.  PL 108-136 Sec 3123...       801
  Production of
    Cessation by Commonwealth of     PL 102-484 Sec 3151...      1127
     Independent States.
    Cessation by Soviet Union......  PL 101-510 Sec 3151...      1191
  Reprocessing
    U.S. policy on.................  PL 103-160 Sec 1163...      1055
Plutonium and uranium
  Secure stockpiles of
    Sense of Congress..............  PL 107-314 Sec 3162...       829
Poland-U.S. relations
  Agricultural assistance
    Report to Congress.............  PL 101-179 Sec 701....       145
  American Children's Hospital
    Zablocki Outpatient Facility...  PL 98-266.............       153
  Central European Small Business    67 Stat 232...........       160
   Enterprise Development
   Commission.
  Credit unions
    U.S. policy on.................  PL 101-179 Sec 206....       136
  Environment
    Report to Congress.............  PL 101-179 Sec 703....       145
  Foreign aid......................  PL 100-418 Sec 2222...       150
    Medical supplies...............  PL 100-418 Sec 2227...       152
  Labor market reforms
    Assistance in..................  PL 101-179 Sec 202....       133
  Private sector development
    Assistance in..................  PL 101-179 Sec 203....       134
    Foreign aid....................  PL 101-179 Sec 201(b).       129
  Small business
    Management and technical         67 Stat 232...........       160
     assistance.
  Support for East European
   Democracy (SEED)
    Additional program actions.....  PL 101-179 Title VI...       143
Poland-U.S. relations--Continued
    Agricultural assistance........  PL 101-179 Sec 103....       127
    Democratic institutions support  PL 101-179 Sec 501....       141
    Educational, cultural, and       PL 101-179 Title IV...       138
     scientific activities.
    Emergency assistance...........  PL 101-179 Sec 102....       126
    Environmental programs.........  PL 101-179 Sec 502....       141
    Multilateral support for.......  PL 101-179 Sec 101....       125
    Peace Corps programs...........  PL 101-179 Sec 204....       135
    Private sector development.....  PL 101-179 Title II...       129
    Trade and investment programs..  PL 101-179 Title III..       136
  Support for East European
   Democracy (SEED) Program
    Delegation of authority........  EO 12703..............       162
Polish-American Enterprise Fund
  Annual report....................  PL 101-179 Sec 201(p).       133
  Appropriations authorization.....  PL 101-179 Sec 201(b).       129
  Recordkeeping requirements.......  PL 101-179 Sec 201(o).       132
  U.S. Agency for International      PL 101-179 Sec 201(e).       130
   Development grants.
Political tests
  (see Loyalty)
Population planning
  Colombia
    Foreign aid limitation.........  PL 106-246 Sec 3206...       225
POW/MIA
  China-U.S. relations
    Task Force.....................  PL 103-337 Sec 1033...      1028
  Family members
    Assistance to..................  PL 103-337 Sec 1031...      1027
  North Korea
    Sense of Congress..............  PL 103-337 Sec 1035...      1029
  Secretary of Defense
    Report to Congress.............  PL 103-337 Sec 1032...      1028
POWs
  Families of
    Support center.................  PL 102-190 Sec 1083...      1151
  Information on
    Public availability of.........  PL 102-190 Sec 1082...      1149
President
  (see also Reports to Congress)
  Arms sales
    Delegation of functions........  EO 11958 Sec 1........       578
  Certification
    Ethiopian peace................  PL 102-274 Sec 8......       209
    Zimbabwe democratic reforms....  PL 107-99 Sec 4(d)....       166
  Certifications and
   recommendations
    Delegation of functions........  EO 13346..............       594
  Developing countries
    Agricultural commodity sales...  PL 83-480 Sec 101.....      1353
  Enterprise for the Americas
   Facility
    Consultation with Congress.....  PL 83-480 Sec 615.....       276
  Foreign aid program
   administration
    Reserved functions.............  EO 12163 Sec 1-701....       560
  Foreign aid programs
    Administration of..............  EO 12163..............       554
  Funding requests
    Report to Congress.............  10 USC 113(m).........       598
  Iraq stabilization strategy
    Report to Congress.............  PL 108-375 Sec 1204...       763
  Military aid
    Israel.........................  PL 93-199.............       479
  Notification to Congress
    Transfer of defense articles to  PL 106-280 Sec 112(c).       449
     Israel.
  Offset policy
    Establishment of...............  10 USC 2532...........       673
President--Continued
  Peace Corps
    Functions reserved.............  EO 12137 Sec 1-3......      1620
  Preventing import of illegal
   biological, chemical, and
   nuclear weapons
    Certification..................  PL 104-201 Sec 229....       987
  Report to Congress
    Waiver of aid prohibition to     10 USC 2249a(b)(2)....       637
     terrorist countries.
  U.S. military contingency
   operations
    Budget justification documents.  PL 107-248 Sec 8132...       846
  Waivers, determinations, and
   reports to Congress
    Delegation of functions........  EO 13346..............       594
President's Drug Policy Council
  Establishment of.................  EO 12992..............       408
President's Emergency Food           PL 98-473 Sec 301.....      1472
 Assistance Act of 1984.
Prisoners of war
  (see POWs)
Private enterprise
  (see also Overseas Private
   Investment Corporation)
  Agricultural commodity sales.....  PL 83-480 Sec 201.....      1358
    Currency uses..................  PL 83-480 Sec 203.....      1362
Private voluntary organizations
  Agricultural commodity sales
    Using currencies...............  PL 83-480 Sec 203.....      1362
Protection Against Nuclear
 Terrorism program
  Implementation of
    Appropriations authorization...  PL 107-228 Sec 1305...       417
Public Law 480
  (see also Agricultural Trade
   Development and Assistance Act
   of 1954)
  McGovern-Dole grants
    Appropriations, 2006...........  PL 109-97 Title V.....      1450
  Ocean freight differential grants
    Appropriations, 2006...........  PL 109-97 Title V.....      1450
  Operation of
    Review.........................  PL 95-113 Sec 1210....      1476
  Programs
    Appropriations, 2006...........  PL 109-97 Title V.....      1449
  Title II grants
    Appropriations, 2006...........  PL 109-97 Title V.....      1450
 
 
                                    R
 
Reform in Emerging New Democracies   PL 103-199............        67
 and Support and Help for Improved
 Partnership with Russia, Ukraine,
 and Other New Independent States,
 Act for.
Refugee assistance
  Africa...........................  PL 99-8 Sec 3.........       213
Refugees
  Iraq
    Humanitarian assistance........  PL 102-45.............       311
Regional Defense Counterterrorism
 Fellowship Program
  Appropriations, 2006.............  PL 109-148 Sec 8102...       731
  Department of Defense assistance.  10 USC 2249c..........       637
Reports to Congress
  ABM Treaty absence
    Effect on strategic offensive    PL 100-180 Sec 233....      1258
     and defensive programs.
Reports to Congress--Continued
  Advisory Committee for the         PL 98-164 Sec 807.....       158
   Studies of Eastern Europe and
   the Independent States of the
   Former Soviet Union.
  Afghan National Army
    Training and equipment funding.  PL 109-148 Sec 9006...       734
                                     PL 109-13 Title I.....       739
  Afghanistan
    Military operations and          PL 108-287 Sec 9010...       782
     reconstruction activities.
  Afghanistan coalition forces
    Funding availability...........  PL 109-148 Sec 9009...       735
  Africa
    Conflict resolution............  PL 103-381 Sec 9......       194
  Africa, Horn of
    Relief and recovery program....  PL 102-274 Sec 9......       210
  Agricultural commodity sales.....  PL 83-480 Sec 407(f)..      1382
    Foreign currency uses..........  PL 81-439 Sec               1447
                                      416(b)(9)(B).
  Allied burden sharing
    Efforts to increase............  PL 105-85 Sec 1221(c).       972
                                     PL 104-201 Sec 1084(c)       999
  Anglo-Irish Agreement
    U.S. contributions in support    PL 99-415 Sec 6.......       358
     of.
  Arctic Military Environmental
   Cooperation program
    Review of......................  PL 108-136 Sec 324....       785
  Armed Forces
    Contingency operations.........  10 USC 113(m).........       598
    Roles and missions.............  PL 102-484 Sec 901....      1086
  Arms control agreement
    Verification of................  PL 101-510 Sec 3151...      1191
                                     PL 101-189 Sec 903....      1202
  Arms exports
    Dual-use technologies..........  PL 103-160 Sec 1422...      1065
  Arms sales
    Brokers activities.............  PL 107-228 Sec 1205...       411
    Iraq or Iran...................  PL 102-484 Sec 1607...        29
    License approvals..............  PL 107-228 Sec 1205...       411
  Asia
    U.S. military presence in......  PL 102-190 Sec 1043(c)      1140
  Ballistic missile defenses
    Russian Federation/United        PL 108-136 Sec 3622(b)       805
     States/NATO cooperation.
  Ballistic missile launch early
   warning data
    Sharing and exchange of........  PL 106-398 Sec 1232...       869
  Belarus
    Arms sales.....................  PL 108-347 Sec 7......        60
  Bosnia and Kosovo peacekeeping
   operations
    Funding limitation waiver......  PL 107-107 Sec 1005(b)       849
                                     PL 106-398 Sec 1005(b)       859
                                     PL 106-65 Sec                887
                                      1006(a)(2).
  Bosnia peacekeeping operations
    Funding limitation waiver......  PL 105-261 Sec 1004(c)       926
  Bosnia-Herzegovina
    Peacekeeping deployment........  PL 103-337 Sec 1402...      1045
  Burden sharing contributions.....  10 USC 2350j..........       662
  Careers in nonproliferation
    Expenditures to encourage......  PL 107-314 Sec 4304(g)       840
  Caribbean area free trade zone
    Effect on United States........  PL 102-532 Sec 5......       268
  Central European Small Business    67 Stat 232...........       161
   Enterprise Development
   Commission.
  Chemical and biological warfare    PL 103-160 Sec 1703...      1077
   readiness.
  Chemical weapons
    NATO member nations............  PL 99-145 Sec 1411(g).      1292
Reports to Congress--Continued
  Chemical weapons--Continued
    Transfer to Johnston Island....  PL 101-510 Sec 364....      1164
    U.S. stockpile destruction.....  PL 99-145 Sec 1412(g).      1297
  Chemical, biological,
   radiological, or nuclear attack
    U.S. preparedness..............  PL 104-106 Sec 379....      1007
  China
    Espionage and other              PL 106-65 Sec 3151....       917
     intelligence activities.
    Military capability............  PL 105-85 Sec 1226....       977
    Military power.................  PL 106-65 Sec 1202....       903
    Significant technology           PL 107-107 Sec 1223(b)       854
     transfers to.
    Task force to monitor products   PL 106-286 Sec 505....       341
     of forced or prison labor.
  Civilian law enforcement
    Assistance by U.S. military....  PL 106-65 Sec 1027(b).       892
  Colombia
    Drug control strategy..........  PL 106-246 Sec 3202...       219
    Terrorist organizations........  PL 108-375 Sec 1021(e)       753
    U.S. military activities in....  PL 106-65 Sec 1025....       892
  Colombia drug control
    U.S. military and civilian       PL 106-246 Sec 3204(f)       224
     personnel.
  Commodity Credit Corporation
    Export assistance..............  PL 95-501 Sec 603.....      1529
  Congressional Hunger Fellows       PL 107-171 Sec 4404(h)      1416
   Program.
  Congressional-Executive            PL 106-286 Sec 302(g).       333
   Commission on the People's
   Republic of China.
  Cost of Operation Desert Storm...  PL 102-25 Sec 401.....        36
  Cost-sharing agreements
    Joint Data Exchange Center.....  PL 107-314 Sec               813
                                      1203(a)(3).
  Counter-drug activities
    Expansion of support for.......  PL 106-398 Sec 1023...       863
  Counterterrorism and
   antiterrorism activities
    Oversight of...................  PL 105-85 Sec 1051....       958
  Cuba
    Assistance from any independent  PL 104-114 Sec 106....       237
     state of the former Soviet
     Union.
    Commerce with and assistance     PL 104-114 Sec 108....       238
     from other countries.
    U.S. economic assistance.......  PL 104-114 Sec 202(g).       249
  Debts, foreign
    Relief of......................  PL 83-480 Sec 618.....       278
  Defense authorizations, FY 1994
    Transfer of....................  PL 103-160 Sec 1101(b)      1054
  Defense contractors
    Transactions with terrorist      PL 103-160 Sec 843....      1052
     countries.
  Defense Cooperation Account
    Transfer of funds..............  PL 102-25 Sec 105-106.        35
  Defense exports
    Loan guarantees................  PL 108-287 Sec 8065...       782
  Defense offsets
    Multilateral treaty feasibility  PL 106-113 Sec 1248(b)       472
  Democracy Corps
    Activities.....................  PL 102-511 Sec 401(i).        86
  Department of Defense
    Antiterrorism activities.......  PL 105-85 Sec 1052(e).       960
    Counterdrug activities.........  PL 105-277 Sec 851(d).       373
    Programs combating terrorism...  10 USC 229(d).........       610
    Rapid Assessment and Initial     PL 106-65 Sec 1036....       894
     Detection teams.
    Security and reconstruction      PL 108-136 Sec 1203...       794
     activities in Iraq.
    Transported humanitarian relief  PL 98-525 Sec 1540(e).      1322
     supplies.
Reports to Congress--Continued
  Department of Defense
   Appropriations Act, 1990
    Recurring provisions...........  PL 101-189 Sec 1624...      1217
  Department of Defense operations
    Security or counterintelligence  10 USC 2723...........       685
     failures.
  Department of Energy
    Nonproliferation monitoring....  PL 106-398 Sec 3173...       879
  Developing countries
    Special operations forces        10 USC 2011(e)........       630
     training.
  Disaster assistance
    Bangladesh.....................  PL 100-576 Sec 5......       354
  Drawdown support
    Prior congressional              PL 108-11 Sec 1307....        10
     notification.
                                     PL 108-11 Sec 1309....        10
  Drug control
    Andean countries...............  PL 101-623 Sec 4(b)...       382
                                     PL 101-510 Sec 1009...      1173
    Counter-drug activities........  PL 101-510 Sec 1007...      1172
    Interdiction of vessels and      PL 99-661 Sec 1373....      1283
     vehicles.
    National Drug Operations Center  PL 101-189 Sec 1213...      1214
    Supplemental appropriations,     PL 106-246 Title III..       216
     2000.
    Support by Department of         PL 100-456 Sec 1107...      1237
     Defense.
    Use of OH-58D helicopter.......  PL 101-510 Sec 1008...      1172
  Drug control in Colombia
    U.S. personnel involved........  PL 106-246 Sec 3204(f)       224
  East Asia
    U.S. military presence in......  PL 101-189 Sec 915(c).      1209
  Eastern Europe
    Nuclear facilities safety......  PL 102-484 Sec 3202(c)      1130
  Eisenhower Exchange Fellowships,
   Incorporated
    Appropriations authorization...  PL 101-454 Sec 7......       118
  Eligible export vessels
    Loan guarantees................  49 Stat 1985 Sec             553
                                      1111(4).
  Enterprise for the Americas        PL 83-480 Sec 614.....       275
   Facility.
  Export control mechanisms........  PL 104-106 Sec 1324(b)      1016
  Export financing
    Military equipment, U.S........  PL 101-189 Sec 825(b).      1199
    Non-defense production.........  PL 101-510 Sec 4303...      1193
  Export loan guarantees...........  PL 104-106 Sec 1321...      1012
  Export vessels
    Loan guarantees................  49 Stat 1985 Sec 1111.       552
  Export-Import Bank
    Loan authority increase........  PL 101-510 Sec 4303...      1193
  Exports
    Review of impact on U.S.         PL 108-136 Sec 1211...       796
     military capability.
  Exports of high performance        PL 105-85 Sec 1212....       969
   computers.
  Financial services
    Access to by poor people         PL 106-309 Sec 108....       498
     overseas.
  Food aid
    Africa.........................  PL 99-8 Sec 6.........       214
    President's Emergency Food       PL 98-473 Sec 304.....      1473
     Assistance Fund.
  Forced labor products
    Destined for the U.S. market...  PL 105-261 Title             947
                                      XXXVII.
  Foreign aid
    Sub-Saharan Africa.............  PL 105-385 Sec 301....       188
  Foreign countries
    Logistical support               PL 108-11 Sec 1310....        11
     reimbursement.
    Military-based satellite access  PL 102-484 Sec 1363...      1100
  Foreign currencies
    Agreements on use of...........  PL 83-480 Note........      1400
  Foreign Currency Fluctuations,     PL 87-293 Sec 16(h)...      1590
   Peace Corps Account.
Reports to Congress--Continued
  Foreign debt
    Agricultural trade.............  PL 101-624 Sec              1434
                                      1542(e)(2).
  Foreign debt cancellations.......  PL 106-113 Sec 501(f).       523
  Foreign governments
    Offset policy..................  PL 100-456 Sec 825(d).      1232
  Foreign legal actions against
   U.S. persons
    Remedies in response to........  PL 108-136 Sec 1232(b)       800
  Foreign market development
   cooperator program
    Eligible trade organizations...  PL 95-501 Sec 702(c)..      1530
  Foreign security forces training
   prohibition
    Waiver of......................  PL 109-148 Sec 8069(c)       731
  Foreign service officers
    Specialized training...........  PL 106-87 Sec 5.......       534
  Former Soviet Union
    Commercial bank debt...........  PL 102-511 Sec 1007...       105
    Denuclearization...............  PL 102-484 Sec 1321(c)      1096
  Forward basing of U.S. Armed
   Forces
    Requirements for...............  PL 105-85 Sec 1043(c).       958
  General Accounting Office
    International Monetary Fund      PL 106-113 Sec 504(e).       526
     practices.
    World Bank AIDS Trust Fund.....  PL 106-264 Sec 131(b).       515
  Global Alliance for Vaccines and   PL 106-264 Sec 112....       511
   Immunizations and International
   Aids Vaccine Initiative
  Good Neighbor Environmental Board  PL 102-532 Sec 6(d)...       269
  Health and Human Services
   vaccination programs
    Department of Defense support..  PL 103-160 Sec 1705(b)      1079
  Helsinki Joint Statement.........  PL 105-85 Sec 1229....       981
  Humanitarian assistance
    Department of Defense            PL 103-160 Sec 1504...      1072
     activities.
    Department of Defense overseas   PL 104-106 Sec 1311...      1011
     programs.
    Soviet Union...................  PL 102-228 Sec 302....       108
    Unauthorized countries.........  10 USC 2561(d)........       678
  Hungary
    Environmental assessment.......  PL 101-179 Sec 703....       145
  Immigration and Naturalization
   Service
    Assistance by U.S. military....  PL 106-65 Sec 1027....       892
  Importing narcotic raw material
    U.S. policy on.................  PL 101-647 Sec 2501...       387
  Independent states of the former
   Soviet Union
    Multilateral investment          PL 102-511 Sec 1009...       105
     guarantees.
    Nuclear facilities safety......  PL 102-484 Sec 3202(c)      1130
    Proposed obligations...........  PL 102-511 Sec 508....        92
    Space related trade............  PL 102-511 Sec 603....        98
  Initiatives for Proliferation      PL 107-314 Sec 4302(c)       836
   Prevention.
  Intelligence collections systems
    Training exercises.............  PL 102-190 Sec 924(b).      1138
  International arms control and     PL 107-228 Sec 1309...       421
   nonproliferation strategy.
  International arms sales
    Global code of conduct.........  PL 106-113 Sec 1262(c)       474
  International Atomic Energy
   Agency
    Assistance to Iran.............  PL 107-228 Sec 1344...       433
  International cooperative          PL 105-261 Sec 3160(b)       945
   information exchange.
  International Monetary Fund
    Practices consistent with U.S.   PL 106-113 Sec 504(e).       526
     policies.
Reports to Congress--Continued
  Iran
    Russian proliferation of         PL 107-314 Sec 1206...       815
     weapons of mass destruction.
  Iraq
    Foreign aid....................  PL 105-338 Sec 4(d)...        24
    International export of          PL 101-513 Sec 586J...        54
     technology.
    Military and political           PL 109-1487 Sec 9010..       735
     stability in.
    Military operations and          PL 108-287 Sec 9010...       782
     reconstruction activities.
    Natural Resources Risk           PL 108-11 Title I.....         8
     Remediation Fund.
    Offensive military capability..  PL 101-513 Sec 586J(b)        55
    Sanctions against..............  PL 101-513 Sec 586J(c)        55
    Stabilization strategy.........  PL 108-375 Sec 1204...       763
    Weapons of mass destruction....  PL 108-136 Sec 1204...       795
  Iraq Freedom Fund
    Supplemental appropriations,     PL 108-11 Title I.....         6
     2003.
  Iraq Relief and Reconstruction
   Fund
    Advance notification...........  PL 108-11 Ch 5........        12
  Iraq Sanctions Act of 1992
    Suspension of provisions by      PL 108-11 Sec 1503....        17
     President.
  Iraqi coalition forces
    Funding availability...........  PL 109-148 Sec 9009...       735
  Iraqi security forces
    Establishing...................  PL 108-375 Sec 1204(c)       764
  Israel-U.S. defense industrial     PL 102-484 Sec 205....      1084
   cooperation.
  Israel-U.S. relations
    Loan guarantees................  PL 108-11 Ch 5........        15
  Japan
    U.S. defense expenditures in...  PL 100-456 Sec 1009(b)      1236
                                     PL 100-180 Sec 1011...      1263
  Japan-U.S. security relations....  PL 103-337 Sec 1325...      1044
  Joint Data Exchange Center
    Plans for......................  PL 106-398 Sec 1231(c)       869
  Jordan
    Logistical support               PL 108-11 Sec 1310....        11
     reimbursement.
  Korea
    Security situation in..........  PL 102-190 Sec 1044(c)      1143
  Korean peninsula
    Security situation on..........  PL 106-65 Sec 1233....       911
  Kosovo
    Withdrawal of U.S. military      PL 106-398 Sec 1212...       865
     from.
  Land mine clearing...............  PL 103-160 Sec 306(b).      1052
  Latin America and the Caribbean
    Presence of Al Qaeda and         PL 108-375 Sec 1047...       757
     associated groups.
  Latin America free trade zone
    Effect on United States........  PL 102-532 Sec 5......       268
  Less developed countries
    Development and use of           PL 106-309 Sec 401(d).       505
     cooperatives.
  Major theater wars
    Allied nations capabilities to   PL 106-65 Sec 1222....       909
     control.
  Malta-U.S. relations
    Static cargo x-ray facility....  PL 106-280 Sec 304....       450
  Merged or ``M'' accounts
    Reobligations..................  PL 102-484 Sec 1003...      1087
  Military capability assessment...  10 USC 113(i).........       597
  Military cooperation
    National security impact.......  PL 103-337 Sec 1314...      1036
  Military, U.S....................  PL 93-365 Sec 302.....      1338
    Outer space control              PL 100-456 Sec 243....      1229
     capabilities.
  Missile technology transfer
    Control of.....................  PL 101-189 Sec 1639...      1220
Reports to Congress--Continued
  Money laundering
    Information access.............  PL 100-690 Sec 4702(d)       400
  Multinational economic embargoes
    Against foreign countries......  PL 106-65 Sec 1231....       910
  Multinational peacekeeping         PL 103-160 Sec 1502...      1069
   activities.
  Mutual defense arrangements......  PL 101-510 Sec 1457...      1179
  Mutual defense treaties
    Cost-sharing agreements........  PL 102-190 Sec 1046(e)      1144
  Narcotics
    Detection technologies.........  PL 105-85 Sec 1034....       957
  Narcotics traffickers
    Extradition of.................  PL 106-246 Sec 3203...       220
  National Advisory Council on       PL 99-570 Sec 2018(c).       403
   International Monetary and
   Financial Policies.
  National Commission on Defense     PL 101-511 Sec 8104...      1222
   and National Security.
  National Commission on the Use of  PL 106-113 Sec 1247(d)       470
   Offsets in Defense Trade.
  National Drug Operations Center
    Feasibility study..............  PL 101-189 Sec 1213...      1214
  National security
    Export controls................  PL 104-106 Sec 1322(c)      1013
  National Security Assistance       PL 106-280 Sec 501....       451
   Strategy.
    Formulating and implementing...  PL 107-228 Sec 1501...       436
  National security threats
    Guidelines for detecting.......  10 USC 113(k).........       598
  NATO
    Analysis of enlargement costs..  PL 105-85 Sec 1223(c).       974
    Armaments cooperation with       PL 98-525 Sec 1006....      1317
     member countries.
    Assignment of missions among     PL 100-463 Sec 8125...      1246
     member countries.
    Burden sharing.................  PL 106-398 Sec 1221(b)       867
    Defense Capabilities Initiative  PL 106-65 Sec 1039....       896
    Defense program for FY 1990....  PL 100-456 Sec 1005...      1235
    Deterrence requirements........  PL 100-180 Sec 1001...      1261
    Enlargement....................  PL 104-201 Sec 1048...       993
    Enlargement costs to Department  PL 105-85 Sec 1223(d).       974
     of Defense.
    Force reductions implications..  PL 101-189 Sec 902....      1201
    U.S. expenditures in support of  PL 98-94 Sec 1107.....      1331
    Use of U.S. military             PL 101-510 Sec 2503...      1185
     installations.
  NATO alliance expansion
    Military capabilities..........  PL 105-261 Sec 1222...       937
  NATO Prague Capabilities
   Commitment
    Implementation of..............  PL 108-136 Sec 1231(b)       798
  NATO Task Force
    Development of.................  PL 108-136 Sec 1231(b)       798
  NATO-U.S. relations
    Roles and missions support       PL 103-337 Sec 1313...      1035
     costs.
  NBC weapons
    Transfers by foreign countries.  PL 107-228 Sec 1308...       419
  New Iraqi Army
    Training and equipment funding.  PL 109-148 Sec 9006...       734
                                     PL 109-13 Title I.....       740
  Non-NATO
    Cross-servicing agreements with  10 USC 2349a..........       648
     the United States.
  North Atlantic Treaty............  PL 103-160 Sec 1411(c)      1063
                                     PL 102-484 Sec 1314(b)      1094
  North Korea
    Ballistic missile threat.......  PL 106-398 Sec 232....       856
  Nuclear Cities Initiative........  PL 107-314 Sec 4302(c)       836
    Project review procedures......  PL 107-314 Sec 4304(d)       839
    Russian Federation-U.S.          PL 107-314 Sec 4304(e)       839
     agreement.
Reports to Congress--Continued
  Nuclear Cities Initiative--
   Continued
    U.S. agency contributions......  PL 107-314 Sec               836
                                      4302(b)(4).
    Weapons of mass destruction      PL 107-314 Sec 4302(b)       836
     facilities in Russia.
  Nuclear materials protection
   program funds
    Use outside former Soviet Union  PL 108-136 Sec               802
                                      3124(c)(2).
  Nuclear Materials Protection,      PL 107-314 Sec 4303...       837
   Control, and Accounting Program.
    Access policy..................  PL 107-314 Sec               838
                                      4303(c)(2).
  Nuclear materials risk
    Mitigating threats.............  PL 108-375 Sec 3132(d)       777
  Nuclear materials security
    International program to         PL 107-314 Sec 3158...       827
     strengthen.
  Nuclear test monitoring equipment
    Furnished to foreign             10 USC 2565(c)........       681
     governments.
  Nuclear test readiness...........  PL 104-201 Sec 3158...      1001
  Nuclear test readiness postures..  PL 107-314 Sec 4208...       831
  Nuclear weapons
    Dismantlement of...............  PL 102-484 Sec 3151(d)      1128
                                     PL 101-510 Sec 3151...      1191
    National security requirements.  PL 102-190 Sec 3142...      1158
    Nonproliferation activities....  PL 102-484 Sec 1503(a)      1110
                                     PL 102-484 Sec 1505(e)      1114
  Nuclear winter...................  PL 99-661 Sec 1371....      1282
  Operation Allied Force
    Conduct of military operations.  PL 106-65 Sec 1211....       905
    Costs to United States.........  PL 106-398 Sec 1221(a)       867
  Operation Desert Storm
    Costs offset by foreign country  PL 102-25 Sec 401.....        36
     contributions.
  Operation Enduring Freedom
    Military operations conducted    PL 107-314 Sec 1043...       809
     under.
  Operation Enhanced Southern Watch  PL 104-201 Sec 1041...       991
  Operation Iraqi Freedom
    Conduct of.....................  PL 108-136 Sec 1202...       792
    Post-major combat operations...  PL 108-375 Sec 1042...       754
  Operation Provide Comfort........  PL 104-201 Sec 1041...       991
  Overseas Military Facility
   Investment Recovery Account
    Host nation agreements.........  PL 101-510 Sec              1190
                                      2921(g)(2).
  Overseas Private Investment
   Corporation
    Investment Advisory Council....  PL 106-200 Sec 123(c).       176
  Overseas Workload Program........  PL 100-180 Sec 1021...      1265
  Pacific
    U.S. force structure in........  PL 107-314 Sec 1211...       818
  Pacific Rim
    U.S. military presence in......  PL 102-190 Sec 1043(c)      1140
  Pakistan
    Logistical support               PL 108-11 Sec 1310....        11
     reimbursement.
  Palestine Authority
    Commitments to Israel..........  PL 107-228 Sec 603....       293
  Palestine Liberation Organization
    Commitments to Israel..........  PL 107-228 Sec 603....       293
    Responses to terrorism.........  PL 103-236 Sec               306
                                      583(b)(6).
  Peace Corps......................  PL 87-293 Sec 11......      1581
                                     PL 99-83 Title XI.....      1606
    Employment related matters.....  PL 102-565 Sec 4......      1604
    Health care services evaluation  PL 102-565 Sec 3......      1603
  Peace Corps National Advisory      PL 87-293 Sec 12(i)...      1584
   Council.
  Peacekeeping in Kosovo
    Support from European nations..  PL 106-398 Sec 1213...       866
  Persian Gulf
    U.S. strategic posture in......  PL 102-484 Sec 1331...      1097
  Persian Gulf conflict
    Conduct of.....................  PL 102-25 Sec 501.....        40
Reports to Congress--Continued
  Persian Gulf crisis
    Foreign country contributions..  PL 102-25 Sec 402.....        38
  Persian Gulf Regional Defense
   Fund
    Transfer of funds..............  PL 102-25 Sec 105-106.        35
  Peru
    Drug control...................  PL 105-277 Sec 822(b).       367
  Peruvian attack on U.S. military   PL 103-160 Sec 1434...      1068
   personnel.
                                     PL 103-139 Sec 8099...      1081
  Plan Colombia
    Costs to support...............  PL 106-246 Sec 3204(e)       223
  Plutonium from the Independent
   states of the former Soviet
   Union
    Purchasing.....................  PL 108-136 Sec 3123(b)       801
  Poland
    Agricultural assistance........  PL 101-179 Sec 701....       145
    Confidence building measures...  PL 101-179 Sec 702....       145
    Environmental assessment.......  PL 101-179 Sec 703....       145
  Post-conflict Iraq
    U.S. assistance strategy.......  PL 108-11 Sec 1506....        18
  President
    Bosnia and Herzegovina.........  PL 105-85 Sec 1205....       966
    Bosnia-Herzegovina.............  PL 105-261 Sec 1203...       932
    Nonproliferation and threat      PL 107-228 Sec 1339...       432
     reduction objectives.
  Programs and projects
    International Atomic Energy      PL 107-228 Sec 1343...       432
     Agency.
  Property services and supplies
    Accepted from foreign            10 USC 2608...........       682
     governments.
  Reducing child hunger
    Multilateral support for.......  PL 107-171 Sec 3107(h)      1405
  Republic of Korea
    Military readiness.............  PL 103-337 Sec 1322...      1040
  Riverine counter-drug program
    Review of......................  PL 106-398 Sec 1024...       863
  Russian American Observation
   Satellites program
    Protecting U.S. technology.....  PL 106-398 Sec 216....       856
  Russian Federation
    Debt discussion with other       PL 107-228 Sec 1318...       428
     creditor states.
    Denuclearization...............  PL 102-484 Sec 1321(c)      1096
  Russian Federation Debt for
   Nonproliferation Act of 2002
    Implementation of..............  PL 107-228 Sec 1321...       428
  Russian Federation
   Nonproliferation Investment
   Agreement
    Entering into..................  PL 107-228 Sec 1315...       426
  Russian fissile materials
    Protection and control of......  PL 107-314 Sec 4305...       841
  Russian nuclear weapons launch
    Risk reduction.................  PL 108-375 Sec 1214...       770
  Sales of prohibited defense        10 USC 2390...........       667
   articles.
  Satellite exports
    Department of Defense national   PL 108-136 Sec 1212...       796
     security control costs.
  Secretary of Defense.............  PL 108-375 Sec 1093...       759
    Bosnia and Herzegovina.........  PL 105-85 Sec 1204....       965
    Bosnia-Herzegovina.............  PL 105-261 Sec 1204...       934
    Buy American Act waivers.......  PL 102-190 Sec 833....      1137
                                     PL 101-189 Sec 823....      1198
    Contractors in Iraq............  PL 108-375 Sec 1205(c)       765
    Global strike capability plan..  PL 108-136 Sec 1032(b)       790
    Global war on terrorism........  PL 108-375 Sec 1041...       754
    Humanitarian assistance........  10 USC 2561(c)........       678
    Land mine alternatives.........  PL 105-261 Sec 248(d).       921
    Military force structure.......  10 USC 113............       596
Reports to Congress--Continued
  Secretary of Defense--Continued
    Military operations objectives.  PL 105-261 Sec 1212...       936
    Military strategy report.......  PL 101-510 Sec 901....      1165
    Missing Indochina War personnel  PL 103-337 Sec 1034...      1029
    Overseas environmental           PL 101-510 Sec 342....      1162
     provisions.
    POW/MIA........................  PL 103-337 Sec 1032...      1028
    POW/MIA in North Korea.........  PL 103-337 Sec 1035(b)      1029
    U.S. Armed Forces operations...  PL 105-261 Sec 1211...       935
  Secretary of the Treasury
    World Bank AIDS Trust Fund.....  PL 106-264 Sec 131(a).       515
  Security arrangements with         PL 101-510 Sec 1456...      1179
   foreign countries.
  Somalia
    Intelligence assessment........  PL 103-337 Sec 1403...      1047
  South Asia
    U.S. nuclear and missile         PL 107-228 Sec 1601(c)       437
     nonproliferation objectives.
  Soviet Union
    Emergency airlift assistance...  PL 102-228 Sec               107
                                      301(b)(2).
  Soviet Union, former-U.S.
   relations
    Demilitarization programs......  PL 102-484 Sec 1431-        1107
                                      1432.
  Soviet Union, former, independent
   states of
    Assistance strategy............  PL 102-511 Sec 103-104        77
  Strategic Concept of NATO
    Impact on the United States....  PL 106-65 Sec 1221....       909
  Strategic Defense Initiative.....  PL 100-180 Sec 231....      1256
    Development plans and costs....  PL 100-180 Sec 232....      1258
    FY 1988 funding allocation.....  PL 100-180 Sec 234....      1260
  Strategic nuclear warheads
    Dismantling of.................  PL 108-136 Sec 1033...       790
  Sub-Saharan Africa
    Foreign aid....................  PL 105-385 Sec 301....       188
  Sugar imports
    Cuban produced.................  PL 99-198 Sec               1454
                                      902(c)(2).
  Super computers sales to certain   PL 105-85 Sec 3157....       984
   countries.
  Support for East European          PL 101-179 Sec 704....       146
   Democracy (SEED).
  Taiwan
    Military aid...................  PL 107-228 Sec 1263...       415
    Military officer exchanges.....  PL 107-314 Sec 1210...       817
  Terrorism
    Department of Defense programs   PL 106-65 Sec 932.....       885
     to combat.
    Military operations to combat..  PL 108-375 Sec 1208...       768
  U.S. Armed Forces abroad
    Review of......................  PL 104-201 Sec 1084(d)       999
  U.S. counternarcotics strategy
    Colombia and neighboring         PL 106-246 Sec 3202...       219
     countries.
  U.S. defense expenditures in.....  PL 101-189 Sec 913....      1206
  U.S. military
    Mobility requirements..........  PL 101-510 Sec 909(b).      1166
    Readiness......................  PL 106-65 Sec 1035....       893
  U.S. military bases in the         PL 100-456 Sec 1308(b)      1243
   Philippines.
  U.S. military engagement in
   Europe
    Study on costs and benefits....  PL 106-398 Sec 1223...       868
  U.S. military stationed abroad...  PL 102-484 Sec 1304...      1092
    Costs assessment...............  10 USC 113(j).........       598
    Europe.........................  PL 101-189 Sec 912(e).      1205
    Review of......................  PL 105-85 Sec 1221(d).       972
  U.S. military stationed in Andean  PL 101-623 Sec 8......       384
   countries.
  U.S. nonproliferation activities.  PL 107-314 Sec 1205...       815
  U.S. trade and investment          PL 106-200 Sec 106....       173
   policies in sub-Saharan Africa.
Reports to Congress--Continued
  United Nations
    International peacekeeping       PL 102-484 Sec 1341...      1098
     activities.
    Reforming peace operations.....  PL 103-337 Sec 1401...      1044
  United States Customs Service
    Assistance by U.S. military....  PL 106-65 Sec 1027....       892
  United States Microfinance Loan    PL 106-309 Sec 107....       498
   Facility.
  United States-China bilateral
   trade relations
    National security impact.......  PL 106-398 Sec               876
                                      1238(c)(1).
  United States-Cuba Council.......  PL 104-114 Sec 203(c).       250
  United States-People's Republic    PL 104-106 Sec 1343...      1019
   of China Joint Defense
   Conversion Committee.
  Uranium from the Independent
   states of the former Soviet
   Union
    Purchasing.....................  PL 108-136 Sec 3123(b)       801
  Uruguay Round Agreement on
   Agriculture
    Implementation of commitments..  PL 95-501 Sec 106.....      1504
  Waiver of aid prohibition to       10 USC 2249a(b)(2)....       637
   terrorist countries.
  Weapons proliferation and export
   control capabilities
    Training programs..............  PL 107-228 Sec 1302...       416
  Weapons technology transfer......  PL 102-190 Sec 1097...      1153
  Western Hemisphere
    Regional security programs.....  PL 103-337 Sec 1315(b)      1038
  World Trade Organization
   obligations
    Compliance by China............  PL 106-286 Sec 421....       339
Research and Training for Eastern    PL 98-164 Sec 801.....       154
 Europe and the Independent States
 of the Former Soviet Union Act of
 1983.
Rice surplus
  Overseas donations...............  PL 81-439 Sec 416(b)..      1441
 Riot control agents
   Use by U.S. Armed Forces
     Not defined as chemical         PL 109-163 Sec 1232...       712
     weapons.
Ronald W. Reagan National Defense    PL 108-375 Sec 1......       746
 Authorization Act for Fiscal Year
 2005.
Russia-U.S. relations
  Fissile materials
    Improving control and            PL 107-314 Sec 4305...       841
     accountability of.
   Missile defense cooperation.....  PL 109-163 Sec 1226...       709
   Nonstrategic nuclear weapons
   inventory
     Reports to Congress...........  PL 109-163 Sec 3115...       724
  Nuclear weapons
    Reductions.....................  PL 102-484 Sec 1321...      1094
  Space cooperation
    Annual report to Congress......  PL 106-280 Sec 708....       460
  Vancouver Declaration............  PL 103-199 Sec 102....        68
  Weapons of mass destruction
   facilities
    Closing of.....................  PL 107-314 Sec 4302(b)       836
  Yamantau Mountain project
    Sense of Congress..............  PL 105-85 Sec 1227....       979
Russian American Observation
 Satellites program
  Protecting U.S. technology
    Report to Congress.............  PL 106-398 Sec 216....       856
Russian Democracy Act of 2002......  PL 107-246............        62
  Purposes of......................  PL 107-246 Sec 2(b)...        63
  Russian Federation transition
    Findings of Congress...........  PL 107-246 Sec 2(a)...        62
Russian Far East
  Business opportunities
    Technical assistance...........  PL 102-511 Sec 307....        84
Russian Federation Debt for          PL 107-228 Sec 1311...       422
 Nonproliferation Act of 2002.
  Implementation of
    Report to Congress.............  PL 107-228 Sec 1321...       428
Russian Federation Nonproliferation
 Investment Agreement.
  Authority of President...........  PL 107-228 Sec 1314...       424
                                     PL 107-228 Sec 1315...       426
  Report to Congress...............  PL 107-228 Sec 1315...       426
Russian Federation-U.S. relations
  Assistance programs..............  PL 107-246 Sec 5......        65
  Ballistic missile defense
    NATO cooperation encouraged....  PL 108-136 Sec 3623...       805
  Ballistic missile launches
    Exchanging data................  PL 106-398 Sec 1232...       869
  Center for Independent Press and   PL 107-228 Sec 1316...       427
   the Rule of Law.
  Commercial space launch
   cooperation
    Sense of Congress..............  PL 106-65 Sec 1611....       915
  Cost-sharing agreements
    Report to Congress.............  PL 107-314 Sec               813
                                      1203(a)(3).
  Debt-for-nonproliferation          PL 107-228 Sec               423
   exchange.                          1312(a)(9).
  Denuclearization
    Report to Congress.............  PL 102-484 Sec 1321(c)      1096
  Joint Data Exchange Center
    Ballistic missile launches.....  PL 106-398 Sec 1231(a)       868
    Cost-sharing agreements........  PL 107-314 Sec               813
                                      1203(a)(1).
    Establishment of...............  PL 106-398 Sec 1231(a)       868
    Liability limitation...........  PL 107-314 Sec               813
                                      1203(a)(2).
    Limitation on funding..........  PL 107-314 Sec 1203...       778
    Report to Congress.............  PL 106-398 Sec 1231(c)       869
  National security
    Findings of Congress...........  PL 107-228 Sec 1312...       422
  Nuclear Cities Initiative........  PL 107-314 Sec 4304...       838
  Nuclear weapons launch
    Risk reduction.................  PL 108-375 Sec 1214...       770
  Plutonium production elimination
    Program transfer...............  PL 107-314 Sec 3151...       821
  Promoting democracy..............  PL 107-246 Sec 3......        64
  Regional Initiatives program       PL 107-246 Sec 5......        65
   support.
  Russian tactical nuclear weapons
    Inventory of...................  PL 108-136 Sec 3621...       804
  Terrorism
    State sponsors of..............  PL 107-228 Sec 1317...       427
  Threat Reduction Working Group
    Established....................  PL 108-136 Sec 3622...       804
  Weapons stockpiles
    Control and destruction of.....  PL 107-228 Sec 1312...       422
Rwanda-U.S. relations
  International tribunal
    Judicial assistance............  PL 104-106 Sec 1342...      1018
  Refugee relief
    Defense Department supplemental  PL 103-337 Sec 1002(b)      1025
     appropriations.
 
 
                                    S
 
Sanctions
  Against Belarus
    Sense of Congress..............  PL 108-347 Sec 5......        59
  Against certain persons
    Arms sales to Iraq or Iran.....  PL 102-484 Sec 1604...        27
  Against Cuba
    Strengthening..................  PL 104-114 Sec 101....       234
  Against Ethiopia.................  PL 100-456 Sec 1310...      1243
Sanctions--Continued
  Against foreign countries
    Arms sales to Iraq or Iran.....  PL 102-484 Sec 1605...        28
  Against India
    Waiver of......................  PL 106-79 Sec 9001....       348
  Against Iraq.....................  PL 101-513 Sec 586C...        47
                                     PL 101-513 Sec 586G...        52
                                     PL 101-510 Sec 1458...      1180
    Humanitarian assistance          PL 101-513 Sec 586C(b)        48
     exemptions.
    Report to Congress.............  PL 101-513 Sec 586J(c)        55
    Termination of.................  PL 101-513 Sec 586C(c)        48
    Violations of..................  PL 101-513 Sec 586E...        49
    Waiver of......................  PL 101-513 Sec 586H...        53
  Against Iraq or Iran
    Waiver of......................  PL 102-484 Sec 1606...        29
  Against Pakistan
    Waiver of......................  PL 106-79 Sec 9001....       348
  Against Serbia and Montenegro....  PL 103-160 Sec 1511...      1073
  Agriculture Export Relief Act of
   1998
    Exemptions.....................  PL 105-194............       351
  Cuba
    Countries assisting............  PL 102-484 Sec 1704...      1121
  Pakistan
    Waiver authority...............  PL 107-57 Sec 2.......       346
  Palestine Authority
    Commitments to Israel..........  PL 107-228 Sec 604....       294
  Palestine Liberation Organization
    Commitments to Israel..........  PL 107-228 Sec 604....       294
Sapoa Agreement
  Verification Commission
    Support funding................  PL 100-276 Sec 9......       289
Satellite exports
  National security control costs
    Report to Congress.............  PL 108-136 Sec 1212...       796
Saudi Arabia-U.S. relations
  Aircraft
    Transfer to....................  PL 100-456 Sec 1306...      1241
Science and technology
  (see also Technical assistance)
  China-U.S. agreement on
    Monitoring implementation of...  PL 107-314 Sec 1207...       815
Scientific exchange
  (see Educational and cultural
   exchange)
Sea law
  Military training operations.....  PL 93-365 Sec 704.....      1339
SEASPARROW Cooperative Program
  Continued participation in.......  PL 98-525 Sec 1004....      1317
Secondary schools
  (see Educational and cultural
   exchange)
Security Assistance Act of 1999....  PL 106-113 Sec 1201...       463
Security Assistance Act of 2000....  PL 106-280............       446
Security Assistance Act of 2002....  PL 107-228............       410
Security assistance, U.S.
  (see Military aid, U.S.)
Security studies regional centers
 (DOD)
  Accepting foreign gifts and        10 USC 2611...........       684
   donations.
Security supporting assistance
  (see Economic Support Fund)
Serbia-U.S. relations
  Foreign aid prohibition..........  PL 103-160 Sec 1511...      1073
Silk Road Initiative
  Appropriations authorization.....  PL 108-375 Sec 3133...       778
  Program authorization............  PL 108-375 Sec 3133...       778
Sinai Field Mission
  Facilities transfer to Egypt.....  PL 96-35 Sec 6........       320
Slovakia-U.S. relations
  NATO Participation Act of 1994
    Assistance eligibility.........  PL 107-187 Sec 4......       444
Small Business Act.................  67 Stat 232...........       160
Small Business Administration
  Central European small business
    Appropriations authorization...  67 Stat 232...........       161
Social development
  (see Human rights)
  (see United Nations)
Somalia-U.S. relations
  Findings of Congress.............  PL 102-274 Sec 2......       202
  Foreign aid
    Prohibitions on................  PL 102-274 Sec 7......       209
  Policy on
    Sense of Congress..............  PL 102-274 Sec 3(b)...       203
  U.S. Armed Forces in.............  PL 103-160 Sec 1512...      1074
  U.S. policy toward...............  PL 103-160 Sec 1512...      1074
South Africa-U.S. relations
  Apartheid sanction laws
    Repeal of......................  PL 103-149 Sec 4......       197
  Cooperative agreements...........  PL 103-149 Sec 8......       200
  Democratic process
    U.S. assistance in.............  PL 103-149 Sec 5......       198
    U.S. policy toward.............  PL 103-149 Sec 3......       197
  Democratic transition
    International financial          PL 103-149 Sec 9......       200
     institutions support.
  Educational and cultural exchange  PL 103-149 Sec 7......       200
  Findings of Congress.............  PL 103-149 Sec 2......       196
South Africa-U.S. trade relations
  Facilitation of..................  PL 103-149 Sec 6......       199
South African Democratic Transition  PL 103-149............       196
 Support Act of 1993.
South Asia-U.S. relations
  Nuclear nonproliferation
    South Asia.....................  PL 107-228 Sec 1601...       436
South Vietnam-U.S. relations
  (see Indochina War)
Southeast Asia
  (see individual countries)
  (see Indochina War)
Soviet Union-U.S. relations
  Emergency airlift assistance
    Appropriations transfers.......  PL 102-228 Sec 301....       106
    ``Emergency requirements''       PL 102-228 Sec               107
     funds.                           301(b)(4).
    Report to Congress.............  PL 102-228 Sec               107
                                      301(b)(2).
  Graduate student scholarships
    Appropriations authorization...  PL 102-138 Sec 227(d).       113
  Grain exports prohibited
    Commodity Credit Corporation     PL 96-494 Sec 206.....      1531
     purchases.
  Humanitarian assistance
    Emergency airlift..............  PL 102-228 Sec 301....       106
    Report to Congress.............  PL 102-228 Sec 302....       108
  Plutonium production
    Cessation of...................  PL 101-510 Sec 3151...      1191
Soviet Union, former-U.S. relations
  Amending Cold War provisions.....  PL 103-199 Sec 101....        68
  Applicable Cold War provisions...  PL 103-199 Sec 103....        69
  Demilitarization programs
    Administration of..............  PL 102-484 Sec 1421...      1106
    Appropriations authorization...  PL 102-484 Sec 1421(a)      1106
    Presidential authority.........  PL 102-484 Sec 1412...      1105
    Report to Congress.............  PL 102-484 Sec 1431-        1107
                                      1432.
  Denuclearization
    Report to Congress.............  PL 102-484 Sec 1321(c)      1096
    U.S. policy....................  PL 102-484 Sec 1321(b)      1095
Soviet Union, former-U.S.
 relations--Continued
  Direct communications link.......  PL 99-85..............      1343
  Export Administration Act          PL 103-199 Sec 201....        70
   policies.
  Findings of Congress.............  PL 103-199 Sec 102....        68
  KAL Flight 7.....................  PL 103-199 Sec 201....        70
  Murder of Lt. Colonel Arthur D.    PL 99-661 Sec 1368....      1282
   Nicholson, Jr..
  Peace Corps programs in..........  PL 102-565 Sec 5......      1605
  Threat reduction
    Appropriations reductions......  PL 104-106 Sec 1008...      1009
Soviet Union, former, independent
 states of-U.S. relations
  (see also Commonwealth of
   Independent States-U.S.
   relations)
  (see individual countries)
  Advisory Committee for Studies of  PL 98-164 Sec 804.....       155
  Agriculture advisory council.....  PL 102-511 Sec 302....        82
  American Business Centers created  PL 102-511 Sec 301....        80
  Arms control.....................  PL 102-511 Sec 501....        87
    Activities.....................  PL 102-511 Sec 503....        88
    Aid eligibility................  PL 102-511 Sec 502....        87
  Assistance eligibility...........  PL 102-511 Sec 202....        79
  Business advisory council........  PL 102-511 Sec 302....        82
  Coordinating assistance..........  PL 102-511 Sec 102....        76
  Currency stabilization fund......  PL 102-511 Sec 1004(b)       104
  Defined..........................  PL 102-511 Sec 3......        74
  Demilitarization
    Findings of Congress...........  PL 102-484 Sec 1411...      1104
  Democracy support................  PL 102-511 Sec 201....        79
  Diplomatic and consular service..  PL 102-511 Sec 802....       100
  Economic development.............  PL 102-511 Sec 201....        79
  Exchange and training programs...  PL 102-511 Sec 807....       100
  Findings of Congress.............  PL 102-511 Sec 101....        74
  Graduate students scholarships...  PL 102-138 Sec 227....       112
  Investment guarantees............  PL 102-511 Sec 1009...       105
  Johnson Act applicability........  PL 102-511 Sec 902....       102
  Knowledge of
    Findings.......................  PL 98-164 Sec 802.....       154
  Macroeconomic stabilization in...  PL 102-511 Sec 1004...       104
  Nonproliferation activities......  PL 102-511 Sec 501....        87
  Nonproliferation assistance......  PL 107-228 Sec 1334...       430
  Nonproliferation coordination....  PL 107-228 Sec 1332...       429
  Nonproliferation/disarmament fund  PL 102-511 Sec 504....        89
  Nuclear materials disposal.......  PL 102-511 Sec 510....        95
  Office of Space Commerce.........  PL 102-511 Sec 602....        98
  Private organizations food aid...  PL 102-511 Sec 703....        99
  Research and development.........  PL 102-511 Sec 511....        95
  Science and technology centers...  PL 106-280 Sec 303....       450
  Space cooperation................  PL 102-511 Sec 601....        97
  Threat reduction
    Appropriations.................  PL 109-148 Title II...       727
  Uranium and plutonium purchases..  PL 108-136 Sec 3123...       801
Soviet-American Interparliamentary
 Exchanges
  Appropriations authorization.....  PL 102-138 Sec 221(9).       110
Space Commerce, Office of
  Former Soviet Union
    Trade missions.................  PL 102-511 Sec 602....        98
Space launch capacity
  U.S. commercial competitiveness
    Sense of Congress..............  PL 106-65 Sec 1612....       916
Special Defense Acquisition Fund
  Appropriations authorization
    Limitations on.................  10 USC 114(c).........       599
Special International Security       PL 96-35..............       318
 Assistance Act of 1979.
State, Department of
  Facilities charges assessment
    Limitation on..................  PL 108-136 Sec 1007...       787
  Foreign aid
    Functions delegated to.........  45 FR 11655...........       564
  Foreign aid program
    Administration of..............  EO 12163 Sec 1-1......       555
State, Secretary of
  Arms sales
    Duties.........................  EO 11958..............       578
  Authority
    Additional delegations and       EO 12163 Sec 1-601....       559
     limitations.
  Chemical Weapons Convention
    Authority......................  EO 13346 Sec 2(b)(a)..       594
  Colombia
    Certification to Congress......  PL 106-246 Sec 3207...       225
  Foreign affairs functions........  EO 13345 Sec 2........       592
  Foreign aid
    Functions reserved for.........  45 FR 11655 Sec 4.....       573
  FREEDOM Support Act
    Additional delegated functions.  EO 12884 Sec 3........       164
    Delegated functions............  EO 12884 Sec 1........       163
  Functions delegated to...........  EO 13346 Sec 1(a).....       594
  International Arid Land            PL 95-113 Sec               1547
   Consortium.                        1458(a)(8).
  Jackson-Vanik waivers
    Authority......................  EO 13346 Sec 1(a)(i)..       594
  National Security Assistance
   Strategy
    Report to Congress.............  PL 106-280 Sec 501....       451
Strategic Arms Reduction Talks
  Russian Federation
    Nuclear weapons................  PL 102-484 Sec 1321...      1094
Strategic Defense Initiative
  Anti-tactical ballistic missile    PL 99-661 Sec 212.....      1275
   system.
  Appropriations authorization, FY   PL 99-145 Sec 221.....      1287
   1986.
  Appropriations authorization, FY   PL 100-180 Sec 221....      1251
   1988.
  Consultation with NATO allies....  PL 99-145 Sec 224.....      1288
  Contracts with foreign entities
    Restrictions on................  PL 100-180 Sec 222....      1252
  Development plans and costs
    Report to Congress.............  PL 100-180 Sec 232....      1258
  Effect on compliance with ABM      PL 99-661 Sec 216.....      1277
   Treaty.
  Establishing a federally funded
   R&D center
    Limitation on..................  PL 99-661 Sec 213.....      1276
  FY 1987 funding level............  PL 99-661 Sec 211.....      1275
  FY 1988 funding allocation
    Report to Congress.............  PL 100-180 Sec 234....      1260
  NATO cooperation and consultation
    Congressional policy...........  PL 99-145 Sec 224.....      1288
  Potential responses
    Report to Congress.............  PL 99-145 Sec 223(a)..      1288
  Projected cost
    Report to Congress.............  PL 99-145 Sec 223(b)..      1288
  Report to Congress...............  PL 100-180 Sec 231....      1256
  Support by federally funded        PL 100-180 Sec 227....      1254
   research and development center.
  Technology transfer to Soviet
   Union
    Restrictions on................  PL 100-180 Sec 223....      1252
Strom Thurmond National Defense      PL 105-261............       918
 Authorization Act for Fiscal Year
 1999.
                                     PL 105-261 Note.......       919
Sub-Saharan African countries
  Farmer-to-farmer program
    Establishing...................  PL 83-480 Sec 501(b)..      1388
Sudan-U.S. relations
  Export prohibitions
    Exceptions to..................  PL 106-570 Sec 501....       491
Sudan-U.S. relations--Continued
  Findings of Congress.............  PL 102-274 Sec 2......       202
  Foreign aid......................  PL 106-570 Sec 501....       491
    Prohibitions on................  PL 102-274 Sec 7......       209
  Policy on
    Sense of Congress..............  PL 102-274 Sec 3(c)...       204
Support for East European Democracy
 (SEED)
  Excess defense articles
    Transportation funds...........  PL 104-164 Sec 105....       535
  Report to Congress...............  PL 101-179 Sec 704....       146
  Suspension of assistance.........  PL 101-179 Sec 801....       147
Support for East European Democracy  PL 101-179............       120
 (SEED) Act of 1989.
Support for East European Democracy
 (SEED) Program
  Actions
    International Monetary Fund....  PL 101-179 Sec 2(c)...       123
    World bank.....................  PL 101-179 Sec 2(c)...       123
  Debt for equity swaps............  PL 101-179 Sec 104....       128
  Delegation of authority..........  EO 12703..............       162
  Objectives.......................  PL 101-179 Sec 2......       121
Support for Overseas Cooperative     PL 106-309 Sec 401....       504
 Development Act.
  Findings of Congress and           PL 106-309 Sec 401(b)-       504
   declaration of policy.             (c).
Supporting assistance
  (see Economic Support Fund)
Swine influenza
  International cooperation
    Findings and sense of Congress.  PL 94-302 Title III...       539
 
 
                                    T
 
Taiwan-U.S. relations
  Arms sales
    Treated as a major Non-NATO      PL 107-228 Sec 1206...       412
     ally.
  Military aid
    Report to Congress.............  PL 107-228 Sec 1263...       415
  Military officer exchanges
    Report to Congress.............  PL 107-314 Sec 1210...       817
  Visas for high-level officials
    Sense of Congress..............  PL 103-337 Sec 1073...      1030
Taiwan-U.S. trade relations
  World Trade Organization
    Accession to...................  PL 106-286 Sec 601....       343
Task Force on Nuclear Materials
  Establishment of.................  PL 108-375 Sec 3132...       775
Technical assistance
  (see also Peace Corps)
  Colombo Plan.....................  PL 86-108 Sec 502.....       481
Technology
  Defense critical
    Monitoring and assessment of...  10 USC 2517...........       670
  International export of
    Control of.....................  PL 101-513 Sec 586J...        54
  Missile production
    Control of.....................  PL 101-510 Sec 1701...      1183
  Research and development
    Cooperation with Japan.........  PL 102-190 Sec 255....      1134
                                     PL 101-510 Sec 1454...      1176
Technology transfer
  Export restrictions..............  PL 101-513 Sec 586I...        54
  Missile technology
    Control of.....................  PL 101-189 Sec 1639...      1220
  Missile Technology Control Regime  PL 101-510 Sec 1701...      1183
Technology transfer--Continued
  Strategic Defense Initiative
    Soviet Union restrictions......  PL 100-180 Sec 223....      1252
  Strategically sensitive
    Advice on policy issues........  PL 106-65 Sec 912.....       883
  Subject to offset arrangements
    U.S. policy on.................  10 USC 2532...........       673
                                     PL 100-456 Sec 825....      1231
Technology, foreign
  Monitoring and assessment of.....  10 USC 2517...........       670
    Overseas program...............  10 USC 2518...........       671
Terrorism
  Al Qaeda and associated groups in
   Latin America
    Report to Congress.............  PL 108-375 Sec 1047...       757
  Colombia
    Counter-terrorism campaign.....  PL 108-136 Sec 1023...       788
  Combating
    Rewards for assistance in......  PL 107-314 Sec 1065...       811
    Rewards for information or       10 USC 127b...........       603
     assistance.
  Counter and Anti
    Oversight of...................  PL 105-85 Sec 1051....       958
  Counterterrorism activities
    Department of Defense            PL 104-201 Sec 306....       988
     appropriations authorization.
  Countries aiding
    Department of Defense contract   10 USC 2327(b)........       638
     prohibition.
  Countries supporting
    Department of Defense aid        10 USC 2249a(a).......       636
     prohibition.
    Waiver of aid prohibition......  10 USC 2249a(b).......       637
  Department of Defense
    Assisting civil authorities....  PL 106-65 Sec 1023....       890
    Budget justification display...  10 USC 229............       609
  Department of Defense programs to
   combat
    Report to Congress.............  PL 106-65 Sec 932.....       885
  Drawdowns
    Notification deadline            PL 107-57 Sec 4.......       346
     modifications.
  Excess defense articles transfers
    Notification deadline            PL 107-57 Sec 4.......       346
     modifications.
  Federal Emergency Management
   Agency
    Response to....................  PL 103-160 Sec 1704...      1078
  Global war on
    Report to Congress.............  PL 108-375 Sec 1041...       754
  Intelligence on
    Reporting by defense personnel.  PL 99-661 Sec 1353....      1281
  Iraq
    Support for acts of............  PL 101-513 Sec 586F(c)        51
  Military operations to combat
    Appropriations authorization...  PL 108-375 Sec 1208...       768
    Report to Congress.............  PL 108-375 Sec 1208...       768
  Not supporting
    Arms sales conditions..........  PL 106-113 Sec               474
                                      1262(b)(4).
  Nuclear Security Administration
    Cooperative program with         PL 107-314 Sec 3155...       825
     Russian Federation.
  Protecting U.S. civil aviation     PL 101-189 Sec 1631...      1218
   overseas.
  Protecting U.S. military           PL 99-145 Sec 1452....      1305
   personnel.
  Russian Federation
    State sponsors of..............  PL 107-228 Sec 1317...       427
  Special Operations Command
    Appropriations authorization,    PL 105-261 Sec 1023(d)       929
     FY 1999.
  War on
    Appropriation authorization....  PL 107-314 Sec 1501...       818
Terrorism--Continued
  War on--Continued
    Mobilization and personnel.....  PL 107-314 Sec 1502...       818
    Operation Noble Eagle and        PL 107-314 Sec 1503-         819
     Operation Enduring Freedom.      1506.
Terrorism, anti
  Foreign aid
    Research and development         PL 104-164 Sec 122....       536
     expenses.
Terrorism, Director of the Office
 for Combating
  Functions delegated to...........  45 FR 11655 Sec 1(i)..       569
Threshold Test Ban Treaty
  Verification measures
    Agreement on...................  PL 107-314 Sec 4207...       829
Torrejon Air Base
  Relocating functions
    Limitation on expenditures.....  PL 101-510 Sec 2802...      1186
                                     PL 101-189 Sec 921....      1210
Torture
  Foreign service officer training
    Report to Congress.............  PL 106-87 Sec 5.......       534
   Prohibition on use of funds for.  PL 109-13 Sec 1031....       744
  Victims of
    Appropriations authorization,    PL 108-179............       532
     FY 2004 and 2005.
Torture Victims Relief Act of 1998.  PL 105-320............       527
  Domestic treatment centers.......  PL 105-320 Sec 5......       528
  Findings of Congress.............  PL 105-320 Sec 2......       527
  Foreign service officers
    Specialized training...........  PL 105-320 Sec 7......       529
  Multilateral assistance..........  PL 105-320 Sec 6......       529
  Training for Foreign Service
   Officers
    Report to Congress.............  PL 106-87 Sec 5.......       534
Torture Victims Relief               PL 106-87.............       533
 Reauthorization Act of 1999.
  Domestic treatment centers.......  PL 106-87 Sec 3.......       533
  Foreign treatment centers........  PL 106-87 Sec 2.......       533
  Multilateral assistance..........  PL 106-87 Sec 4.......       533
Torture Victims Relief               PL 108-179............       532
 Reauthorization Act of 2003.
Torture Victims Relief               PL 109-165............       531
 Reauthorization Act of 2005.
Toshiba Corporation
  Procurement of goods or services
    Prohibition....................  PL 100-456 Sec 313....      1230
Trade
  (see also Imports)
  Agreements with China
    Promoting compliance with......  PL 106-286 Sec 412....       338
  Agricultural exports
    Strategy development...........  PL 95-501 Sec 103.....      1502
  Agricultural Trade and Export      PL 97-98 Sec 1219.....      1553
   Policy, National Commission on.
  Arms
    (see Arms sales)
  Commodity Credit Corporation
    Unfair practices...............  PL 95-501 Sec 301.....      1515
  Latin America
    Free trade zone................  PL 102-532 Sec 5......       268
  South Africa
    Expansion of...................  PL 103-149 Sec 6......       199
  Sub-Saharan Africa
    U.S. policy on.................  PL 106-200 Sec 102....       169
  U.S. policy
    Sense of Congress..............  PL 99-198 Sec 1121....      1465
Trade and Development Agency
  Foreign aid program
    Administration of..............  EO 12163 Sec 1-505....       559
Trade and Development Program
  (see Trade and Development
   Agency)
Trade Promotion Coordinating
 Committee
  Energy sector companies, U.S.
    Assistance to..................  PL 102-511 Sec 304....        83
Transportation, Department of
  Reserve fleet vessels
    Conveyance of..................  PL 105-261 Sec 3603...       946
Travel abroad
  Availability of local currencies.  PL 83-665 Sec 502.....       483
  Congressional members and staffs.  PL 83-665 Sec 502.....       483
Treasury, Department of
  Enterprise for the Americas
   Facility
    Establishing...................  PL 83-480 Sec 601.....       270
  Persian Gulf Regional Defense
   Fund
    Establishment of...............  PL 102-25 Sec 102.....        34
  Reimbursed by Federal agencies     PL 87-125 Sec 508.....       541
   using foreign currencies.
                                     31 USC 5303...........       542
Treasury, Secretary of
  Foreign affairs functions........  EO 13345 Sec 1........       591
Treaty on the Non-Proliferation of
 Nuclear Weapons
  Russia-U.S. relations............  PL 102-484 Sec 1321...      1094
Tropical Forest Conservation Act
  Implementation of................  EO 13345..............       591
Tropical Forest Conservation Act of
 1988
  Implementation of................  EO 12757..............      1482
Tuberculosis
  Developing countries
    Findings of Congress...........  PL 106-264 Sec 202....       516
    U.S. policy....................  PL 106-264 Sec 202....       516
Turkey-U.S. relations
  Air defense of U.S. military       PL 98-525 Sec 105.....      1306
   bases.
  Cyprus conflict..................  PL 94-104 Sec 2.......       477
  Drug control
    Imports of narcotics raw         PL 101-647 Sec 2501...       387
     material.
  Economic Support Fund
    Foreign aid restrictions.......  PL 108-11 Ch 5........        14
                                     PL 108-11 Ch 5........        14
    Grants or loan guarantees......  PL 108-11 Ch 5........        14
    Supplemental appropriations,     PL 108-11 Ch 5........        14
     2003.
  Military aid
    Refugee relief.................  PL 94-104 Sec 2.......       477
    Suspension of..................  PL 94-104 Sec 2.......       477
  Operation Iraqi Freedom
    Foreign aid conditions.........  PL 108-11 Ch 5........        14
  Opium poppy discussion...........  PL 94-104 Sec 2.......       477
 
 
                                    U
 
U.S. Trade Representative
  Imports
    Prohibitions on................  PL 101-624 Sec 1308...      1425
U.S.-China Relations Act of 2000...  PL 106-286 Sec 201....       327
Ukraine-U.S. relations
  Currency stabilization
    Study on.......................  PL 102-511 Sec 1004(c)       104
Undersea rescue and recovery
  Sense of Congress................  PL 106-398 Sec 1237...       872
Union of Soviet Socialist Republics
  (see Soviet Union, former-U.S.
   relations)
United Arab Republic
  (see Egypt-U.S. relations)
United Kingdom-U.S. relations
  Arms sales
    Policy of Congress.............  PL 108-375 Sec 1225...       771
United Nations
  Assignment of U.S. forces
    Limitation of..................  PL 105-261 Sec 1231...       939
  Emergency Force
    U.S. contributions to..........  PL 93-199 Sec 6.......       480
  General Assembly resolution
    International corruption.......  PL 106-309 Sec 202....       501
  Middle East conflict.............  PL 93-199 Sec 6.......       480
  Oil-for-Food Program
    Access to Iraqi documents......  PL 108-375 Sec 1207...       767
  Peace operations security          PL 103-337 Sec 1401...      1044
   relations.
  Peacekeeping activities
    Prohibition on using Department  10 USC 405............       624
     of Defense funds.
    Report to Congress.............  PL 103-160 Sec 1502...      1069
                                     PL 102-484 Sec 1341...      1098
  Sanctions against Iraq
    Compliance with................  PL 101-513 Sec 586D...        49
                                     PL 101-510 Sec 1458...      1180
  Security Council Resolution 687
    Violation by Iraq..............  PL 102-190 Sec 1095...      1152
  Security Council Resolution 688
    Violation by Iraq..............  PL 102-190 Sec 1096...      1152
  Weapons inspections in Iraq
    U.S. support for...............  PL 107-314 Sec 1204...       814
United Nations Voluntary Fund for
 Victims of Torture
  Appropriations authorization.....  PL 108-179............       532
  Appropriations authorization FY    PL 109-165............       531
   2006 and FY 2007.
United States and Foreign
 Commercial Service
  Expanding activities in sub-       PL 106-200 Sec 125....       177
   Saharan Africa.
United States Customs Service
  U.S. military assistance
    Plan preparation...............  PL 106-65 Sec 1027....       892
United States Information Agency
  East Europe Training Projects
    Appropriations authorization...  PL 102-138 Sec 221(5).       110
  Educational exchange program
    Enhancement of.................  PL 102-138 Sec 226....       111
  Emerging democracies
    Programs for students..........  PL 102-138 Sec 210(a).       109
  Enhanced educational exchange
   program
    Appropriations authorization...  PL 102-138 Sec 226(d).       112
United States Microfinance Loan
 Facility
  Report to Congress...............  PL 106-309 Sec 107....       498
United States Munitions List
  Export applications
    Electronic system for filing     PL 107-228 Sec 1403...       434
     and review.
United States National Authority
  Non-governmental U.S. laboratory
    Securing OPCW designation......  PL 107-228 Sec 1605(b)       439
United States Trade Representative
  Functions delegated to...........  EO 13346 Sec 1(b).....       594
United States-China Economic and
 Security Review Commission
  Appropriations authorization.....  PL 106-398 Sec 1238(f)       878
  Establishment of.................  PL 106-398 Sec 1238(b)       874
  Name change......................  PL 108-7 Division P...       324
  Report to Congress...............  PL 106-398 Sec               876
                                      1238(c)(1).
  Responsibilities.................  PL 108-7 Division P...       324
                                     PL 106-398 Sec               874
                                      1238(b)(3).
United States-Cuba Council
  Designation of...................  PL 104-114 Sec 203(b).       250
United States-Israel Endowment for
 Defense Industrial Cooperation
  Report to Congress...............  PL 102-484 Sec 205....      1084
United States-Japan Semiconductor
 Trade Agreement
  Sense of Congress................  PL 104-201 Sec 1081(b)       996
United States-Mexico Foundation for  PL 95-113 Sec 1459....      1548
 Science.
United States-People's Republic of
 China Joint Defense Conversion
 Committee
  Report to Congress...............  PL 104-106 Sec 1343...      1019
United States-Sub-Saharan Africa
 Trade and Economic Cooperation
 Forum
  Establishment of.................  PL 106-200 Sec 105....       171
Universal Military Training and
 Service Act
  Applicability to Peace Corps.....  PL 87-293 Sec 23......      1592
Uranium
  Independent states of the former
   Soviet Union
    Study and report on purchasing.  PL 108-136 Sec 3123...       801
Uranium and plutonium
  Secure stockpiles of
    Sense of Congress..............  PL 107-314 Sec 3162...       829
Urgent Assistance for Democracy in   PL 101-243............       280
 Panama Act of 1990.
                                     PL 101-243............       280
USSR
  (see Soviet Union, former-U.S.
   relations)
 
 
                                    V
 
Vancouver Declaration
  Findings of Congress.............  PL 103-199 Sec 102....        68
Victory in the Cold War, Commission
 on
  Established......................  PL 106-65 Sec 1053(e).       898
Vietnam
  (see Indochina War)
  (see Vietnam-U.S. relations)
Vietnam War
  (see Indochina War)
Vietnam-U.S. relations
  Cambodian occupation
    Sense of Congress..............  PL 100-180 Sec 1404...      1273
  Indochina War
    Missing personnel..............  PL 103-337 Sec 1034...      1029
Visas
  Taiwanese officials
    Sense of Congress..............  PL 103-337 Sec 1073...      1030
Volunteer service programs
  (see Peace Corps)
Volunteer service programs,
 international
  Encouragement of.................  PL 87-293 Title III...      1593
 
 
                                    W
 
War
  End strength limitation
    Suspension of..................  10 USC 123a...........       599
Warsaw Initiative Funds
  Availability for new NATO members  PL 108-375 Sec 1224...       771
Weapons
  Ballistic missiles
    Defense activities funding.....  PL 105-261 Sec 3132...       944
  Biological and chemical
    Secretary of Defense...........  PL 103-160 Sec 1701...      1075
Weapons--Continued
  Nuclear, biological, and chemical
    Sense of Congress..............  PL 102-484 Sec 1502...      1109
    Transfers by foreign countries.  PL 107-228 Sec 1308...       419
  Proliferation controls
    Appropriations authorization,    PL 107-228 Sec 1302...       416
     2003.
    Report to Congress.............  PL 107-228 Sec 1309...       421
    Training programs..............  PL 107-228 Sec 1302...       416
  Surplus stockpiles
    Destruction of.................  PL 107-228 Sec 1241...       415
  U.S. nonproliferation and threat
   reduction
    Report to Congress.............  PL 107-228 Sec 1339...       432
  U.S. nonproliferation efforts
    Sense of Congress..............  PL 107-228 Sec 1332...       429
Weapons of mass destruction
  Iraq
    Report to Congress.............  PL 108-136 Sec 1204...       795
  National emergency
    Secretary of Defense...........  10 USC 382............       616
  Proliferation controls
    Funding availability...........  PL 105-261 Sec 1023(d)       929
  Spread of
    Sense of Congress..............  PL 108-375 Sec 1213...       769
Weapons of Mass Destruction Control  PL 102-484 Sec 1501...      1109
 Act of 1992.
Western Hemisphere Drug Elimination  PL 105-277 Sec 801....       360
 Act.
Western Hemisphere Institute for     10 USC 2166...........       631
 Security Cooperation.
Western Hemisphere-U.S. relations
  Regional security
    Department of Defense programs.  PL 103-337 Sec 1315...      1036
Wheat
  Emergency food aid
    Reserve established............  PL 96-494 Title III...      1539
Wheat surplus
  Overseas donations...............  PL 81-439 Sec 416(b)..      1441
Women
  Reconstruction activities in Iraq
    Sense of Congress..............  PL 108-136 Sec 1205...       796
World Bank AIDS Trust Fund
  Administration of................  PL 106-264 Sec 121....       512
  Advisory Board of................  PL 106-264 Sec 124....       514
  Annual reports to Congress.......  PL 106-264 Sec 131....       515
  Appropriations authorization, FY   PL 106-264 Sec 141....       516
   2001-2002.
  Establishment of.................  PL 106-264 Sec 121....       512
  Grant authorities................  PL 106-264 Sec 122....       513
World Trade Organization
  China
    Review of commitments..........  PL 106-286 Sec 401....       337
  China commitments enforcement
    Appropriations authorization...  PL 106-286 Sec 413(a).       338
  Taiwan
    Accession of...................  PL 106-286 Sec 601....       343
World Trade Organization
 obligations
  Compliance by China
    Report to Congress.............  PL 106-286 Sec 421....       339
World Wise Schools Program
  Redesignated Paul D. Coverdell     PL 106-570 Sec 603....      1600
   World Wise Schools Program.
 
 
                                    Y
 
Yatama Indians
  Appropriations, 1989.............  PL 100-276 Sec 3(g)...       287
Yugoslavia-U.S. relations
  Democratic transition
    Foreign aid....................  PL 101-243 Sec 201....       119
  International tribunal
    Judicial assistance............  PL 104-106 Sec 1342...      1018
  Operation Allied Force
    Conduct of military operations.  PL 106-65 Sec 1211....       905
    Costs to United States.........  PL 106-398 Sec 1221(a)       867
  War crimes, genocide, and crimes
   against humanity
    Sense of Congress..............  PL 106-65 Sec 1212....       907
 
 
                                    Z
 
Zablocki Outpatient Facility
  Funding authorization............  PL 98-266.............       153
Zimbabwe Democracy and Economic      PL 107-99.............       165
 Recovery Act of 2001.
Zimbabwe-U.S. relations
  Debt relief......................  PL 107-99 Sec 4(b)....       166
  Democratic breakdown
    Sense of Congress..............  PL 107-99 Sec 6.......       168
  Democratic reforms
    Foreign aid....................  PL 107-99 Sec 5.......       167
  Democratic transition and
   economic recovery
    Findings of Congress...........  PL 107-99 Sec 4.......       165
    Policy on......................  PL 107-99 Sec 2.......       165
    Support for....................  PL 107-99 Sec 4(b)....       166
 

                                    

      
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